5.1. PCSR 02-12-2008REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
February 13, 2008 Rebecca Haug,
Environmental Admin
Item Description Reviewed by
Request by Great River Energy (GRE) to amend Conditional Jeremy Barnhart, Planning
Use Permit and License Mana er
MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of
December 20, 2007. The City must approve, approve with conditions, or deny the project by
A ri120, 2008 - Ci extended 60-da re uirement.
GENERAL INFORMATION:
A licant: Great River Ener GRE)
Location and Size: 17845 East Highway 10
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in Solid Waste Facility I1 (SWF) I1 (SWF)
Question
North Multi-family and Light Industrial/Old Town R3
Commercial
South Commercial Right of Way C3
East Commercial and Highway Business PUD, BP, C3
Office/Warehouse
West River N/A N/A
Action Requested
There will be two actions with this item.
1. Approve the Solid Waste Facility License
2. Conditional Use Permit
Case File: CU 08-U4
page
GRE CUP
City of Elk River
These are both subject to the proposed language changes which either have a strikethrough
or are highlighted in the attached CUP and license. These changes are minor, non
substantive, and can be considered housekeeping.
Introduction
In 1987, the City approved a request by GRE (then United Power Association or UPA) to burn
refuse derived fuel. As a condition of that approval, a Conditional Use permit and license was
required to be renewed every two years. In 2000, the permit life and license life was extended to 4
years. The purpose of the renewing clause was to more easily monitor and as necessary, modify the
CUP.
Attachments
• a vicinity map;
• Site Map
• Memorandum from GRE, dated December 13, 2007
• The current CUP and SWFL for the facility
Planning Commission Action Morton by Second by Voce
Follow Up
Overview
GRE's Solid Waste Facility license renewal is required to be reviewed on a routine schedule and the
City has always reviewed the CUP at the same time. The reason fox both being renewed at the same
time is modifications to the language are typically proposed.
Applicable Regulations
Standards for Issuance of a Conditional/ Interim Use Permit (Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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Case File: CU 08-04
Page s
cl~, cuP
Ciry of Elk 12iver
7. Will not endanger, injure or detrimentally a~ect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
~iy.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. Will be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create traffic congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or propery because of excessive tra~ic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the operation is consistent with
all of these standards.
Analysis
The proposed changes to GRE's license and CUP support continuing the operation at this site as
GRE has demonstrated that they can meet all the standards for a CUP.
Comprehensive Plan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
Recommendation
Staff supports a recommendation to approve the renewal of GRE's Solid Waste Facility License
with the modifications proposed by city staff.
Staff supports a recommendation to approve the amendment to GRE's Conditional Use Permit
with the modifications proposed by city staff.
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STORAGE
DEC 14 20Q7
GREAT RIVER
ENERGY®
17845 East Highway 10 P.O. Box 800 Elk River, Minnesota 55330-0800 763-441-3121 Fax 763-241-2366
December 13, 2007
Mrs. Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway, PO Box 490
Elk River, MN 55330
Re: Conditional Use Permit Application Renewal for
Great River Energy -Elk River Statoion
Enclosed are the completed permit application renewal forms, a $500 application fee, a $1,000
consultant retainer, a $2,000 license fee, a list with mailing labels of all property owners within
350 feet of the Great River Energy property, a narrative describing the Elk River Station and the
associate activities on the site, and facility layout drawing.
Great River Energy (GRE) submitted an application for renewal of Air Emissions Permit No.
14100003 (Air Permit) to the Minnesota Pollution Control Agency (MPCA) in September 2002.
A copy of the application was also provided to the City of Elk River for review. The Air Permit
review is still pending. Elk River Station's most current Air Permit and revision numbers are:
14100003-003.
If you have any questions on the information contained in this letter, please contact me at (763)
241-2441.
Sincerely,
GREAT RIVER ENERGY
Debra Nelson
Environmental Services
Enc.
c: Timothy Steinbeck, GRE-ERS (File Copy)
S:\Member Services\Environmental\ERSWir\City of ER - Cond.UsePermit\2007Reapplication\ERS_cl_CUP_ER2007.doc
www.GreatRiverEnergy.com
A Touchstone Energy Cooperative ~~
CITY OF ELK RIVER
SOLID TARIVER ENERGY (GRE) E
GREA
WASTE BURNING FACILITY
This Solid Waste Facility License (the License) is hereby issued by the City oo f
Elk River (the City), pursuant to Chapter 58, Article III (the Solid Waste Ordinanf r the
Code to GRE (the License )
the City of Elk River Code of Ordinances (the City flit )the Facility) upon the property
Fac y
establishment and operation of a Waste Burmng
legally described in Exhibit A to this License (the Site).
1, This License authorizes the establishment anhousand fifty (1,050) tons per day of
Facility which will burn a maximum of one t
refuse derived fuel (RDF) using a 12-month rolling average, as described in:
1, Licensee's Application for a Solid Waste Facility License to Permit the
Operation of a "Waste Burning Facility" and supplemental
correspondence from Licensee to the City's cocensee's Nov tuber 30g of
Cedar Corporation, dated January 23, 1987, L
1989, application for renewal of the Lice ~s~e of ~e 1Fcense andicensee's
November 13, 1991, application for rene
supplemental correspondence from Li N S tub ~30,11993Capplilcation for
dated November 20, 1991; Licensees hcation for
renewal of the License; Licensee's November 22, 1995, app cation for
renewal of the License; Licensee's November 2, 1999, app lication for
renewal of the License, and Licensee's December 19, 2003 app
renewal of License, including all attachments thereto;
3 • The Air Emissions Permit No. 1410000-003 (and applicable amendments),
issued by the Minnesota Pollution Control Agency (MPCA).
This License is issued subject to the requirement s o d conditions set forth below
II. osed for the purpose
in Section III, which axe imp
1, 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
Preventing land, water, or air pollution.
III. Requirements and Conditions:
1. Incorporation of Plans and Application 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 License to the City or MPCA shall be deemed to be a
violation of this Permit.
2. Submission of Final Plans. Final plans and specifications for the Facility
must be reviewed and approved by City staff and/or consultants prior to
the issuance of a building permit for the Facility.
3. Incorporation of MPCA Permit and Regulations. The terms and
conditions of the MPCA Permit and all MPCA Regulations applicable to
the Facility are specifically incorporated into the License and the Licensee
shall comply with all such terms and conditions including, without
limitation, the "Special Conditions;" "Special Conditions Relating to DJ
and Solid Waste;" and "General Conditions" of the MPCA Permit. Any
violation of the MPCA Permit or any MPCA Regulation will constitute a
violation of the terms of this License. Licensee shall notify the City
immediately of any violation of the terms, conditions, or requirements of
the MPCA Permit or MPCA Regulations, and shall advise the City as to
what steps will be taken to correct said violations.
4. Incorporation of Amendments to MPCA Permit or Regulations. No
amendment or change to any term, condition, or requirement of the MPCA
Permit or Regulations shall be incorporated into this License or become
effective with respect to this License until the City has received notice of
the proposed amendment an has specifically consented thereto by
amending this License to incorporate the MPCA Permit Amendment,
except those amendments which impose stricter performance, performance
standards, testing or reporting requirements on the Facility.
Reporting Requirements. 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/her
designated representative specifically notifies Licensee in writing that
copies of specific documents will not be necessary. Materials which must
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be provided unless declined include, without limitation, all plans and
specifications; performance testing and monitoring results; testing and
monitoring plans; the ash management program, including the ash disposal
plan and ash evaluation reports; and all emission inventory reports.
6. Incorporation of Solid Waste Facilities Ordinance. The Facility and
Licensee must at all times fully comply with the requirements of Chapter
58, Article III of the City Code, including specifically Sections 58-193 and
58-194. Any violation of the City Code will constitute a violation of the
terms of the 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.
7. Incorporation of Cit~Zonin Ordinance and Conditional Permit. The
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 5, Subdivision V
thereof. Any violation of the CUP or the Zoning Ordinance will constitute
a violation of the terms of the 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. Performance Testin>;. In addition to all testing and monitoring required by
the MPCA Permit, Licensee shall test the emission levels from the Facility
of Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated
Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy
metals every twelve (12) months: arsenic, beryllium, cadmium, chromium,
lead, mercury, nickel, and selenium.
9. Hazardous and Dangerous Wastes. There shall be no burning of
Hazardous waste at the Facility. There shall be no burning of Dangerous
Waste at the Facility without prior written approval from the City. All
activities associated with dangerous and hazardous waste shall be
conducted in accordance with city, state and federal rules governing
storage, use and disposal. Licensee shall notify the City immediately upon
the 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
such release or spill.
10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and
storage areas at the Facility, shall be fully enclosed and sprinkled,
including the pit in the receiving building, the hood over the conveyor in
the receiving building, and the entire RDF conveyor from the receiving
building to the burners. Adequate ash storage facilities shall be provided
to insure that under no circumstances will ash be stored in anything but
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fully enclosed structures. Ventilation and filters shall be provided for this
building sufficient so that ash particles are not being exhausted outside the
building. All ash and other haul trucks leaving the Facility shall be
securely covered so that no ash, residue, or other particulate matter may
escape.
11. Ash Disposal. All ash shall be permanently transported out of the City
except that portion, if any, which is attributable to municipal solid waste
provided to the Facility by Sherburne County, unless otherwise approved
by the City and Sherburne County. Ash disposal shall strictly comply
with the requirements of Chapter 58, Article III of the City Code and the
requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the
state of Minnesota shall only be permanently deposited in solid waste
management facilities which have been specifically designed for ash
disposal; which have been approved by the Minnesota Pollution Control
Agency for ash disposal; and which are equipped with a line and leachate
collection system adequate to collect all leachate which may be generated
at the Site.
12. RDF and Ash truck Haul Routes. To minimize the impact of the Facility
on other land uses and activities in the area, all trucks hauling RDF to the
Facility from Resource Recovery Technologies, LLC (RRT) must enter
the Facility directly from Highway 10, GRE Drive, or Highway 169. RDF
trucks returning from the Facility to the RRT Facility shall use the
following route: From the Facility directly onto Highway 169, Highway
169 to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue
directly into the RRT Facility. All ash and other hauling truck traffic must
enter the Facility directly from Highway 10, GRE Drive, or Highway 169;
and must exit the Facility directly onto Highway 169. As needed, routes
other than those described above may be approved or ordered by the
Environmental Administrator and his/her designees. Incoming and
outgoing traffic from the Facility shall be controlled by the 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.
13. Signage. Licensee shall erect and maintain at each entrance to the Facility
a permanent sign stating the name of the Facility and the MPCA Permit
number.
14. License Fees. Licensee shall promptly pay the License application fee and
annual License fees required by Chapter 58, Article III of the City Code.
15. Inspections. Licensee shall make the Facility available for inspections as
required by the CUP and Chapter 58, Article III of the City Code.
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16. Insurance and Bonding. The 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.
17. Expiration and Renewal. This License shall expire on Jat~u~try :~ 1, ?011,
as provided by Chapter 58, Article III of the City Code. Renewal of this
License shall be governed by the procedures and standards set forth in
Section[s] 58-128, 58-129 acid 58-130 of the City Code.
18. Suspension and Revocation. This License is subject to suspension and/or
revocation pursuant to the procedures and standards set forth Chapter 58,
Article III of the City Code.
19. Violations. Any violation of the 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.
20. 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 indemnify the City, its
officers, and employees for all costs, damages, or expenses which the City
may pay or incur in consequence of such claims, including attorney's 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 indemnify, defend, and hold harmless the City of Elk
River, its Council members, officers, and employees from any claims or
damages 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' contractual obligations
under the agreements with the Licensee, from any strict liability imposed
upon the City pursuant to Minn. Stat. ~ 115B.01, et.seq. 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
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costs associated therewith. This indemnity, hold harmless, and defense
obligation on 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 20 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.
21. 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.
22. Costs. The License shall reimburse the City of 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.
23. License Binding. 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.
24. 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.
25. Amendments or Waivers in Writing. 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.
26. 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:
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GRE
ATTN: Manager, Elk River Station
17845 U.S. Highway 10 NW
Elk River, Minnesota 55330
Notice to the City shall be in writing, and shall be either hand delivered to
the Environmental Administrator at the following address:
City of Elk River
13065 Orono Parkway NW
Elk River, Minnesota 55330
Attention: Environmental Administrator
IV. This License will take effect when all of the conditions precedent to 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 this 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 tests, reports, and inspections.
Dated: By:
By:
Stephanie A. Klinzing, Mayor
Rebecca Haug, Environmental Administrator
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CONSENT OF LICENSEE
The undersigned duly authorized representative of GRE, the Licensee under this
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:
GRE~
By:
Its:
By:
Its:
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AMENDED CONDITIONAL USE PERMIT NO. 87-10
For
Great River Energy (GRE) Waste Burning Facility
This Amended Conditional Use Permit No. 87-10 was approved by the City
Council of the City of Elk River on February 9, 1987, and amended by the City of Elk
River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996,
December 20, 1999, and February 9, 2004 subject to the following terms:
This Amended Conditional Use Permit No. 87-10 (the Permit) is for the
construction and operation, on the property identified in Exhibit A
attached hereto, of the Great River Energy Waste Burning Facility as
described in the Draft and Final Environmental Impact Statements for the:
Anoka County Refuse Derived Fuel Resource Recovery facility dated
April 1986 and July 1986; and as described in the Combined !fir and Solid
~ti~aste Permit No. 14100003-003 and all applicable amendments for an
:air Emission Facility, Air Pollution Control Equipment and Solid Waste
Processing System and PerTnit for the construction and operation of a
~~~aste Processing Facility and System, No. SW-30~ issued by the
Minnesota Pollution Control Agency (MPCf'1): and as described in (1)
"Response to RDF Tnforination Sheet Issued by the Concerned Citizens
r-lcainst the Proposed Garbage Project," transmitted to the City bti~
correspondence dated .Tiny 24, 1986; and (2) "Responses to the City o f Elks
River Concerns'' transmitted to Mayor Richard Hinkle on August 19.
1986; and (3) correspondence from pernlittee to Mayor Richard Hinkle
dated October 13, 1986; and as described u~ the application of United
Power Association (Pernlittee) for a Solid Waste Facility License to
pe1-mit the operation of a Waste Burning Facility (the Facility); and in the
November 30, 1989, November 13, 1991, November 30, 1993, November.
22, 1995, November 2, 1999 and December 19, 2003 applications of
Pernlittee for renewal of the Conditional Use Permit for the Facility; and
as Further described in correspondence from Permittee to the City's
consultant, John klovnin~ of Cedar Corporation, dated January 23, 198"I,
and in correspondence from Pernlittee to the. City Gated IVlarch 2? 1990,
July 6, 1990, and November 20, 1991; all of which have been provided to
the City in support, of the application for this Conditional Use Permit and
collectively describe the Waste Burning Facility authorized by this Permit.
Construction or operation in violation of any of the material statements of
fact, factual information, or representations in the referenced documents
shall be deemed to be a violation of this Permit and all such documents are
considered to be and are hereby made a part of this Permit.
2. Building construction, driveways, parking, grading, utilities, surface water
management, erosion control, landscaping, fencing, and screening for the
Facility shall be provided substantially in accordance with the plans
submitted by the Permittee and hereby made a part of this Permit.
3. All utility and street construction plans and specifications as presented by
the Permittee for the Facility and servicing streets must be prepared by a
Registered Civil Engineer in accordance with directions of and as
approved by the City Engineer.
4. All building plans and specifications must be approved by the City
Building Inspector and Fire Chief.
5. Approval of driveway entrances or exits, if needed, on State and County
highways shall be secured from the appropriate agencies and filed with the
City Environmental Administrator prior to issuance of any building
permit.
6. The City shall have the right of access to the Facility and site. The City
need not give prior notice to the Permittee for designated personnel to
access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m.,
Monday through Saturday, or if any emergency occurs. At any other time,
at least twelve (12) hours prior notice to the Permittee is required. Access
shall be administered in accordance with the Permittee's safety standards,
National Homeland Security rules and regulations and proprietary
information requirements, and shall not interfere with the Permittee's
ability to perform its contractual obligations.
7. All employee or visitor motor vehicles associated with Facility operation
shall be parked on Facility property or on adjacent property owned by the
Permittee, but not on adjacent lands not owned by Permittee or on
adjacent streets. Adequate facilities must be provided to ensure that no
vehicle delivering RDF to the Facility will have to wait outside the
perimeter of the Facility site.
8. The City shall be notified by the Permittee immediately upon the release
or spill of hazardous materials at the Facility; and of any violations of the
conditions of the Permit, Air Emission Facility Permit No. 14100003-003
(and applicable amendments), or Permit for a Waste Processing Facility
and System, No. SW-305 and NPDES Permit No. MN001988.
Recommended Text:
2
The City shall be notified by the Permittee of any violations of the
conditions of the Permit, Air Emission Facility Permit No. 14100003-003
(and applicable amendments) and NPDES Permit No. MN001988,
consistent with the reporting requirements for each individual permit. The
Permittee shall notify the City within 24 hours of discovery the release or
spill of hazardous materials which could endanger human health or the
environment.
9. This Permit authorizes burning at the Facility of up to 1,050 tons per day
of RDF using a 12-month rolling average.
10. All RDF and Ash-hauling truck traffic must enter the Facility site directly
from Highway 10, Highway 169, or Great River Energy Drive; and must
exit the Facility directly onto Highway 169, unless otherwise approved or
directed by the Environmental Administrator or his/her designees. All ash
or other haul trucks leaving the Facility shall be securely covered so that
no ash, or other particulate matter may escape.
11. Final plans and specifications for the Facility must be reviewed and
approve by City staff and/or consultants prior to the issuance of a building
permit for the Facility.
12. No RDF or Ash trucks maybe washed at the Facility unless prior approval
is given by the City.
13. RDF receiving and handling areas in the Facility shall be fully enclosed to
control odor and noise and sprinkled. The doors to the RDF receiving
building shall remain closed at all times, except when trucks are entering
or leaving, and RDF shall be moved from the receiving building to the
burners as quickly as possible to control odors. If, in the judgment of City
staff, odors migrating off the facility site continue to be unacceptable, staff
may direct Permittee to deodorize. City staff may also direct Permittee to
take such steps as maybe necessary to control noise emanating from the
Facility, including placement of mufflers on exhaust vents and stacks.
14. The Facility. shall not tu~dertake burnin~~ of RAF unless all necessary
permits are in place.
15. The Permittee shall engage in regular and routine litter maintenance and
removal program extending to areas on and off the Facility site adversely
impacted by debris related to Facility operations, as may be determined by
the City.
16. The Permittee shall reimburse the City for any and all expenses associated
with Facility-related improvements to any city streets used by vehicles
transporting RDF or Ash which serve as primary access to the Facility.
The Permittee shall also reimburse the City for all patching and repair
expenses in excess of the City's normal street maintenance program for
such streets.
17. No exterior storage of RDF or Ash shall be allowed. RDF which is
burning or smoldering when it arrives at the Facility may be temporarily
deposited outside, in an area approved by City staff, for the purpose of
putting out the fire. The designated fire fighting area shall be hard
surfaced and diked if there is evidence of fire suppression water runoff to
unpaved drainage areas.
18. The Permittee represents and warrants to the City that the Facility shall at
all times comply with the performance standards descriptions and
representations made in the Permittee's application for a Solid Waste
Facility T,icense to permit the operation of a Waste Burning Facilit} and in
the cotzespondcnce from the pet•titi.ttce to John KlovninQ dated 3anuary 23,
1987. and with all applicable city, county, state, and federal laws and
regulations, including without limitation, environmental laws and
regulations.
19. The establishment and operation of the Facility- shall at all times fully
comply with the terms and requirements of this Permit and with the terms,
requirements and conditions of Chapter 58, Article III of the City Code
and the Solid Waste Facility License issued by the City for the Facility,
including any requirements and conditions of said Chapter 58, Article III
and/or said license which are not specifically set forth in this Permit.
20. All Ash shall be permanently transported out of the City except that
portion, if any, which is attributable to solid waste provided to the Facility
by Sherburne County, unless otherwise approved by the City and
Sherburne County. Ash and residue disposal shall strictly comply with the
requirements of Chapter 58, Article III of the City Code and the
requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the
state of Minnesota shall only be permanently deposited in solid waste
management facilities which have been specifically designed for Ash
disposal; which have been approved by the Minnesota Pollution Control
Agency for Ash disposal; and which are equipped with a liner and leachate
collection system adequate to collect all leachate which may be generated
at the Site. Any reuse of ash and residue, shall be subject to approval of
the Minnesota Pollution Control Agency.
21. Responsibility for Costs:
A. The Permittee shall pay all direct costs incurred by it or the City in
conjunction with the application for this Permit and the
development, operation, and regulation of the Facility, including
without limitation legal, planning, consulting, engineering, and
inspection expenses (including a reasonable charge for City staff
4
time) incurred in connection with approval of the Facility, the
preparation of this Permit, and all costs and expenses incurred by
the City in monitoring and inspecting the construction and
operation of the Facility, except those costs and expenses normally
covered by the building permit fee.
g. The Permittee 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 Pertnittee shall
indemnify the City, its officers, and employees for all costs,
damages, or expenses which the City may pay or incur in
consequence of such claims, including attorney's 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 tsdcosts dand e lpenses incurred on all
reimburse the Perimttee all of
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 Perinittee agrees to indemnify, defend, and hold harmless the
City of Elk River, its Council members, officeraCanor miss ores on
from any claims or damages arising out of any
the part of the Perrnittee and any of the participating counties or
their commissioners, agents, or employ der the e reemernts with the
the counties' contractual obligations un g
Pennittee, from any strict liability imposed upon the City pursuant
to Minn. Stat. § 115B.01, et.se .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 indemnity, hold harmless, and defense
obligation on the part of the Permittee shall include, but not be
limited to, any and all actions, claims, requirements, or claims for
damages arising out of the granting of this Permit for the Facility.
The indemnities provided in this paragraph B are subject to the
limits of liability set forth in Minnesota Statutes Sections 46.04
and 466.06, as amended from time to time, if effective as to the
particular indemnified action ~i slt which the City is ent tled by
intended to waive the immure
law.
C. The Permittee 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
Permit.
D. The Permittee shall reimburse the City for all costs incurred in
enforcement of this Permit, including consultant and attorneys'
fees. Failure by Permittee 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 or the License for the Facility, shall be cause for revocation
of this Permit.
22. Miscellaneous:
A. This Permit and its conditions shall be binding upon the Permittee
and its successors and assigns. The assignment by the Permittee of
its interest in the Facility shall not relieve it of responsibility and
liability under this Permit without the written consent of the City,
which consent shall not be unreasonably withheld.
B. Violation of the terms of this Permit or Air Emission Facility
Permit No. 14100003-003 or NPDES Permit No. MN0001988 by
the Permittee shall entitle the City to any and all remedies
available at law or in equity. If the City determines that such
violation results in a clear and imminent danger to the health and
safety of the City's residents, the City's remedies shall include
immediate cessation of operation or construction, or both, without
the necessity of a judicial order in advance of the same. In all
other instances, the immediate cessation remedy shall be preceded
by a hearing as provided by City ordinance.
C. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision
shall not affect the validity of the remaining portions of the Permit.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Permit. To be binding,
amendments or waivers shall be in writing, signed by the
Permittee, and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this
Permit shall not be a waiver or release.
23. Notices. Required notice to the Permittee shall be in writing, and shall be
either hand delivered to the Permittee, its employees or agents, or mailed to
the Permittee by certified or registered mail at the following address:
6
GRE
ATTN: Manager, Elk River Station
17845 U.S. Highway 10
Elk River, Minnesota 55330-0800
Notice to the City shall be in writing, and shall be either hand delivered to
the City Administrator, or mailed to the City by certified or registered mail
in care of the Environmental Administrator at the following address:
City of Elk River
Attn: Environmental Administrator
13065 Orono Parkway NW
Elk River, Minnesota 55330
24. Review. The terms and conditions of this Permit and compliance by the
Permittee shall be subject to review by the City prior to January 31, 2011.
The City reserves the right to revoke, amend, or impose additional
conditions on the Facility or the Permittee at such time taking into account
the advancement of scientific knowledge relative to the health effects of
the Facility; the Permittee's degree of compliance with current Permit
conditions, and the criteria and standards of the City Code and Minnesota
law.
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The undersigned, on behalf of the Permittee, represents and binds Permittee to the
terms of this Permit, having fully examined this Permit and all materials referred to
herein and agrees to all the conditions set forth. Each person signing below on behalf of
the Permittee does so upon the authority of the Board of Directors of the Permittee, and a
resolution documenting such authority is attached hereto.
STATE OF MINNESOTA
COUNTY OF SHERBURNE
PERMITTEE: GRE
By:
Its:
The foregoing instrument was acknowledged before me this _day of ,
2008, by ,the
of Great River Energy, a Minnesota corporation, on behalf of the corporation.
Notary of Public
THIS INSTRUMENT WAS DRAFTED BY:
Environmental Division
City of Elk River