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3.12. SR 04-16-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent 4/16/07 Item Number 3.12. Prepared by Rebecca Haug, Environmental Administrator Reviewed by Item Description Amend Solid Waste Facili License Introduction RRT is proposing to amend their Solid Waste Facility License to reflect the change in ownership. Discussion In the attached license, language proposed to be deleted has a line through it and language proposed to be added is underlined. The Conditional Use Permit for this site will amended at a later date but both Staff and RRT felt that the license should be amended to reflect the name change. FinanciaJ Impact N/A Attachments · Solid Waste Facility License Action Requested Staff recommends approval of the amended RRT license. Council Action Motion by_ Second by _ Vote Follow Up S:\Council\Rebecca \REQUEST COUNOL ACTION-crt-license.doc CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE Resource Recovery Technologies. LLC iRRTL______w~ WASTE PROCESSING FACILITY { Deleted: NRG This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Chapter 58, Article III (the Solid Waste Facilities Ordinance) ofthe City of Elk River Code of Ordinances (the City Code) to.RRL / { Deleb!d: NRG (Licensee) for the establishment and operation ofa Waste Processing Facility (the Facility) upon the property legally described as: The Southwest one-quarter of the Southeast one-quarter (SWl/4 of the SEI/4) of Section II, Township 32, Range 26, according to Government Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record (the Site). I. This License authorizes the establishment and operation of a Waste Processing Facility ;.y:~J_~~_?(~IJ_l'}~~~e_~~__u~_ t_~._t!_~~_(J~~__li!~_~Y~_~_ ~f__ --{ Formatted: Strikethrough ....elllallsaaa, w:el..mEIFea "'.'OR\}' six (1,326) la86 !ler lIaj' of municipal solid waste (MSW) into refuse derived fuel (RDF), as described in: . Licensee's "Application for a Solid Waste Facility License to Permit the<~w Operation of a Waste Processing Facility" and Licensee's November 28, 1989 application for renewal of the License for the Facility and supplemental correspondence from Licensee to the City dated April 2, 1990,Apri117,1990,Ju1y2,1990,August3,1990andSeptember6, 1990; Licensee's November 20, 1991, application for renewal of the License; Licensee's February I, 1993, application for renewal of the License; Licensee's November 8, 1995, application for renewal of the License; Licensee's November 2, 1999, application for renewal of the license; Licensee's December 22,2003, application for renewal of the license; and Licensee's October 12, 2005, application for renewal of the license and Licensee's XXX. application for renewal of the license - - { Formatted: Bullets and Numbering I .'-- ----{ Formatted: Indent: Left: 0.75" 2. The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; 3. The Combined Air and Solid Waste Permit No. 14100003-003 for an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a 1 Waste Processing Facility, No. SW-305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: I. SatisfYing the standards set forth in the Elk River City Code of Ordinances, including Chapter 58, Article III and Chapter 30 thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. III. Requirements and Conditions: 1. Incorooration of Plans and Aoolication Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this License. 2. lil>bl>lios.io..__srFi"ol})~llIls:___>:iBl;Iol'llll\s__llI1!!.Sf'seifieatisnsfsr.t".__Faeilitr__ oj Fonnatted: Stlikethrough "",st b. ....vi..':ed aad llflP'l>\'Od by CH;' slaff andlor esnsallanto pRer ts iii. ioSllftlls. of a building p._it far the Fasility. 3. lBesl'llsmtion sf MPCA Permit. The terms and conditions of the MPCA Permit are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions: of the MPCA Permit and that portion of the MPCA Permit denoted "Permit No. SW-305." Any violation of the MPCA Permit will constitute a violation of the terms of this license. Licensee shall notifY the City immediately of any violation of the terms, conditions, or 2 requirements of the MPCA Permit, and shall advise the City as to what steps will be taken to correct said violations. 4. lBeaFllsfRtiaasfAInendmentstoM!'CA Pel1llit.uNoaJlle,ndm,ellt,o,r,changeu/ {_: Strikethrough to any term, condition, or requirement of the MPCA Permit shall be incorporated into the License or become effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. 5. Renortin~ Reouirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Environmental Administrator or his desigoated representative specifically notifies Licensee in writing that copies of specific documents wiD not be necessary. Materials, which must be provided unless declined, include, with limitation, all plans and specifications; Operations Reports; residue management plans; annual residue reports; contingency disposal plans; and waste composition studies. 6. lReaf\!sratoEl,sfSolidWaste Faciliti"su <:Jr<Iin"llce.u uTheFacilityuand " , 1 Formatted: Strikethrough Licensee must at all times fully comply with the requirements of Chapter 58, Article III of the City Code, including specifically Sections 58-213 and 58-214. Any violation of the City Code will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such isolation and shall advise the City as to what steps will be taken to correct said violations. {-'J 7. 11l~,s!'11!!fB.tiaR sf City ZoningOrdinanceuanduConditionaluP<ll1IIit.uThe/ Formatted: Strikethrough _ Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the facility (the "CUP") and with the City's Land Development Regulations Ordinance, including the performance standards set forth in Division S, Subdivision V thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 8. Hazardous and Dan~erous Wastes. There shall be no processing of hazardous or dangerous waste at the Facility. Temporary storage of Hazardous and Dangerous Wastes shall be allowed as provided by Chapter 58, Article III of the City Code. Licensee shall notify the City immediately upon the discovery, release, or spill of any hazardous or dangerous waste at the Facility and shall advise the City what steps will be taken to contain and clean-up any release or spill of such waste. The specific requirements of how, when and how to notify at the City will be set forth in a separate letter from City staff to Licensee, as provided in the 3 CUP. Licensee shall develop a plan for identifying hazardous and dangerous wastes and the generators of such waste. This plan shall include, at a minimum, the following elements: A) Licensee shall thoroughly inspect a minimum of three (3) MSW loads per week (average) selected on a random basis. This inspection shall include opening and inspecting every garbage bag in each load and all other containers. B) Licensee shall submit to the City a quarterly report containing, at the minimum, the following information of each load inspected: (i) The hauler and truck number of the load; (Ii) Any hazardous or dangerous waste found in the load (Iii) Licensee's efforts to identify the generator of any hazardous or dangerous waste found in the load. (iv) The identity, if known by Licensee, of the generator of any hazardous or dangerous waste found in the load; (v) The actions which Licensee is taking against the generator and hauler of any such hazardous or dangerous waste found in the load; (vi) Licensee's record of disposal of any hazardous or dangerous waste found in the load. C) Licensee shall advise the City Environmental Administrator, if requested, when these loads are being inspected and the City shall have the right to have its personnel on-site to observe the inspection process. D) Licensee shall develop, for City approval,.a.fIl1sLeEliHfel jll811' / ...1 Fo....-: Sbikethrough meklEling BUtKimHm alle\~;aBle levels sf east iR the air ftfttl 6ft swfaees at the Faeility; and shall schedule, on a regular basis, down time fer.EilIst.eEllllfOljlllFDliaftt lelileJliaB,Illajorrepairs___' { Fo....-: SUi_rough and cleaning of the Facility. City shall have the right to thoroughly inspect the Facility for ~ol:.eElII!rElI,.~lelllllinessu."" {Fo....-: SUi_rough and compliance with the other terms of this License during such down time. E) To further ensure compliance with restnctlons in this License, and in Chapter 58, Article 1Il of the City Code of Ordinances, on the handling and processing of hazardous and dangerous wastes, and to protect the public health, safety, and general welfare of the citizens of Elk River, the City shall have the right, upon thirty (30) days notice to Licensee, to have an inspector at the Facility twenty-four (24) hours a 4 day. These inspectors shall have the right of access to all areas of the Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the terms and conditions of this License, the conditional use permit for the Facility, and Chapter 58, Article III of the City Code. The on-site City inspector shall have the right at any time to take one or more of the following actions: Order a load of MSW inspected, pursuant to the procedures set forth above; P!~_~~_~~__f~_~m~' ~le~~~-,_Jf ~_~:~~.I_~~J:1u~r~~__~~___-_.-- { Formatted: Strikethrough eeBfmI19lan is geser1:ea; af Order the Facility shut down if necessary to bring it into compliance with ,!he t1Hlltuee.1lJl;e1u)3lll<luel'.ll11.Yu. .....{ Formatlled: Strikethrough other term or condition of this License, the conditional use permit for the Facility, or Chapter 58, Article III of the City Code. 9. RDF and Reiect DisDosal. All Mixed Municipal Solid Waste J1llt.1nll'...eEi,u"--' {Formatted: Strikethrough iBsladiBg lIIl9l1l'Hed RDF, RDF presess P.ejeets and RDF RilGilllles, shall be disposed of in strict compliance with the requirements of Chapter 58, Article III of the City Code and Chapter 7035 of Minnesota Rules. (i) (ii) (Hi) J 10. RDF Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, .lIftlenselheFi:ise IlJlflFeyea erllift)etoa.....-- i Formatted: Strikethrough by the ~~~~~~_~~t_~_~\~~~_~~~~~__~~_~~~~_~_~~_~~_~~!_~_I:l__~~_h~H~_.____ _ -{ Deleted: BttiliHng aM !rusks lfaBSJ'lefting RDF lfem. lIIe Faeilily te lIIe CRE '.V8fJte BlU'ftinA; Fasility shall aGe the follewiHg relltes: (I) lfem. the flltJilily "'HI 165 .'\. "oRlle te lIighway HI llRa Rem. ~lir'aj' 1 9 lIiFtlet~' iBle lIIe GRE Faailit)'; er (2) Hem the Faeility .;ia lfi"j f&veBae t8 HigIRT~'lQ, HigQ\l'ay 1 9 fa Maifl 8Heet, li.1&in Street 19 GP~ Drive, Blitt frsm GP~ DrY/a iHte 1II.e CRE Faeility; er (3) 165'" A'IeaIIe te Highway 19 te Main gkeet te Highv:ay 169 We the GRB faeilily; er (1) If_ the faeilily '/ia 165'" .'\.':eRlle te lIighway 19 Ie 171" f.YeRlle te n...iB Lakes Reae te Main Skeet te Highway 169 We the GRE fuoilily. RDF trasks Fetam.ing Rem the GRE Fasility diFeetly anta IIigk'xay Hi9, lIigh'l:~' 1 '9 te IIigW;~ ] 9, IIigIFllay 19 ta 165th ~'\"l-emle, ana Ham Histft A-teRtie lJireetly iRte the faeilit:y. jncotning,mdoutgoingtrallicfr<llDuth".1'"-cilitplt,,-II.b.e.,,o.ntrC)lle.dubX.tIIeu _ { _: I Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. II. Processine and Storaee Areas to be Fullv Enclosed. All MSW and RDF receiving, processing, and storage areas at the Facility shall be fully enclosed. Adequate facilities shall be provided to insure that under no circumstances will there be any exterior storage ofMSW or RDF, except in enclosed trailers or trucks. Licensee shall create a 20-foot firebreak 5 between the conveyor on the tipping floor of the Facility to the garbage on the tipping floor. All RDF haul trucks leaving the facility shall be securely covered so that no RDF or other matter may escape. 12. Hours. The Facility may operate twenty-four (24) hours a day. The City reserves the right to restrict the hours of operation of the Facility to normal Business hours if noise emanating from the Facility to surrounding residential properties is unacceptable. Receiving and transporting MSW and rejects at the Processing Facility may take place twenty-four (24) hours a day. However, the City reserves the right to restrict further the hours of receiving and transporting MSW at the processing facility if necessary to protect the public health, safety, or general welfare. RDF may be transported twenty-four (24) hours a day. Licensee shall provide an area at the Facility for disposal of solid waste by individual citizens .EmElsIiaH,uiB./ ..1-: Slnkethrough o"ol'orati"H willi tho City COImoil aesigHllle "flO night of tilo MOH~' tilrough Friday 'I:ook wh... iBaWiOOaI eilkofls may oflter ana exit tho Faoility 1HIlil 8:g() I'.m. Licensee shall also advertise on at least a quarterly basis the availability of this public drop off facility and the fee charged for it, and shall cooperate with the City in recycling efforts. 13. Wash Water and Storm Water Run off. All truck and facility wash water shall be diverted and captured in a retention tank so it does not enter the groundwater system. Captured wash down water shall be disposed of as required by the MPCA, and shall not be disposed of in the City's Waste Water Treatment Plant. Testing as requested by State agencies of storm water run-off captured in the on-site retention/detention pond. Permittee shall provide City evidence of storm water NPDES permit coverage for industrial activities and a copy of the permittee's Storm Water Pollution Prevention Plan 14. Security and Litter Control. The Facility shall be enclosed by a minimum six foot and no more that eight foot high chain link fence. Licensee shall engage in a regular and routine litter maintenance and removal program as required by the CUP. 15. Signa!!e. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility, the MPCA Permit number and stating the hours and days the Facility is open for public use. 16. License Fees. Licensee shall promptly pay the License applicatioo fee and annual License fees required by Chapter 58, Article III of the City Code. 17. losoections. Licensee shall make the Facility available for inspections as required by the CUP and Chapter 58, Article III of the City Code. 6 18. Insurance and Bondin2. This License shall not take effect until the insurance and bonding requirements set forth in Section 58-127 of the City Code have been complied with. 19. Exoiration and Renewal. This License shall expire on January 31, 2008, as provided by Chapter 58, Article III of the City Code. Renewal of this License shall be governed by the procedures and requirements of Section[ s] 58-128,58-129 and 58-130 of the City Code. 20. Susoension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Chapter 58, Article III of the City Code. 21. Violations. Any violation of terms and conditions of this License shall also be considered a violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of this License as provided in Section 58-130 of the City Code, the City may Proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103 thereof. 22. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnity the City, its officers, and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co- counsel in the defense of such matters. The Licensee agrees to indemnity, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or datnages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractoal obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. lI5b.Ol, et. ~ for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This 7 indemnity, hold harmless, and defense obligation of the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 23 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 23. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. 24. Costs. The Licensee shall reimburse the City for all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Chapter 58, article III of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 25. License Bindinl!. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 26. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this license, the CUP, the MPCA Permit or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. 27. Amendments or Waivers in Writinl!. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 28. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: 8 BgJ~esourceg"coveITI'~cili!=y...... ATTN: Plant Manager 10700165'" Avenue N.W. Elk River MN 55330 RRT ATTN: Garv White. Vice President of Ooerations 8585 W 78" St. Suite 150 Bloomington. MN 55438 Tu________u_______n______u_ ______ _________________uu_nn_n____ ____________, Notice to the City shall be in writing, and shall be either hand delivered to the, Environmental Administrator, or mailed to the City by certified or registered mail in care of the Environmental Administrator at the following address: Dated: City of Elk River 13065 Orono Parkway Elk River, MN 55330 Attention: Environmental Administrator IV. This License will take effect when all of the conditions llr"c,,<iellts..t() the ..... issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of the License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the City Code. V. In no event shall operations at the Facility commence until all of the terms, conditions and requirements contained in or incorporated into this Licensee have been met, including all required test, reports, and inspections. By: Stephanie A. Klinzing, Mayor By: Rebecca Haug, Environmental Administrator 9 i Formatted, Font: 12 pt .----- Formatted: Indent: Left: 1.25", first line: 0.25" Formatted: Indent: left: 1", First line: OS Formatted, Indent: Left: 1.25", First line: 0.25" Format:IBd: Indent: Left:: 1", First line: OS Deleted: Elk RiVCf Resource Recovery Facility'\! 10700 1651h Avenue NVI1 Elk River MN 55330,\ A1TN: PlantManagea1\ Deleted: <.. 4--,-. 1 EJeIe.ted= precedent to the issuance ~f .'-'l theLlocnschavc CONSENT OF LICENSEE The undersigned duly authorized representative of,(lliT,theLicens.ee..UI1<1erthis. License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: ,BeRI. ------------..-,.- By: Its: Vice President of Ooerations '1:_______ I.m 10 ...{ Formatted: Normal ---...-- .{ De_: NRG { De_, NRG 1 De_: By ~1. It", -. { Deleted: s:\b&z\steverlnrglic.doc'J!