6.4. SR 03-17-2008To Item Number
Ci Council 6.4.
Agenda Section Meeting Date Prepared by
Community Development March 17, 2008 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Request by Elk River Landfill to Extend Solid Waste Facility exem Barnhart, P1anlun Mana er
License for one (1) year -Case No. CU OS-06 Reviewed by
Action Requested
Staff recommends approval of the renewal of Elk River Landfill's (ERL) Solid Waste Facility License
(SWFL) with no modifications for one (1) year.
Summary
The Elk River Landfill's Solid Waste Facility License will expire on Match 15, 2008. The Elk River
Landfill is requesting a one (1) year extension of their Solid Waste Facility License to allow the continued
operation of the existing facility while the ERL pursues an expansion of the landfill to the south. No
changes to the license axe being requested as part of this extension.
ERL will also be requesting an extension of their CUP at the April 8, 2008 Planning Commission meeting
and the April 14, 2008 City Council meeting as the CUP requites a public hearing.
Attachments
• Vicinity Map
• Site Map
• Application from ERL, dated February 14, 2008
• The current SWFL for the facility
Council Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 0&4G ERL\REQUEST COUNCIL ACTION-SWf•'L.doc
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Case Number: CU 08-06 ER LANDFILL
The Ells River Landfill, Inc. (ERL) is requesting a one (1) year extension of their existing
Solid Waste License and Conditional Use Permit (CUP). No changes are requested as
part of this extension; no changes to either the operation of the landfill or the
capacity/size of the facility. The ERL is requesting the extension of the existing license
and CUP to allow the continued operation of the existing facility while the ERL pursues
an expansion of the landfill to the south.
a~~TE RE~EIVE~
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~P~ ~ ~ ~~`~'i CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
THIS AGREEMENT, entered into and effective this 15a` day ofMarch, 2004, by
and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter
referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation
(hereinafter referred to as the Licensee).
WHEREAS, Licensee made application to the City in 1988 for the issuance of a
solid waste facilities license, pursuant to the Elk River Code of Ordinances, for the
operation of a sanitary landfill (hereinafter referred to as the Landfill) on the real
properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill
Property) situated in the City of Elk River, for which the City Council directed the
.issuance of a conditional use permit contemporaneous with the issuance of a license; and
WHEREAS, the City Council directed the issuance of a solid waste facilities
license to Elk River Landfill, Ina (Licensee) conditioned upon compliance with the
conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the
potential adverse affects of the Landfill on the general welfaze of persons and property
within the City; and
WHEREAS, the License was has subsequently been renewed, with the most
recent renewal occurring on November 19, 2001; and
WHEREAS, the City Council has determined that for reasons related to public
health, safety, and welfare the final elevation of the Landfill should be limited to no more
than 1120 feet above Mean Sea Level (MSL); and
WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and
WHEREAS, Licensee has applied for renewal of the Solid Waste Facility License on
March 15, 2004; and
WHEREAS, the City Council of the City of Elk River has held a hearing on the
proposed amendment and renewal of the Solid Waste Facility License, at which hearing
all citizens of the City of Elk River and other interested persons have had the opportunity
to be heard.
NOW, THERFORE, the City grants to the Licensee, and the Licensee accepts; an
amended and renewed solid waste facilities license for the operation of a sanitary landfill
and related acfivities on the Landfill Property subject to the terms, conditions and
qualifications hereinafter stated, to wit:
1.) Significant Persons. The person responsible for actual operation and
maintenance of the landfill, to whom communications concerning this License should be
addressed is Debra Dehn in her capacity as District Manager of Elk River Landfill, Inc.
(ERL), whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a
Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River,
MN 55330. ERL, which is a subsidiary of Waste Management, a Delaware corporation,
whose address is 1001 Fannin, Suite 4000, Houston, Texas 77002. The following
information shall be provided to the local fire and police deparhnents as well as the
Sheriff.
Debra Dehn, District Manager
22460 Highway 169 NW
Elk River, MN 55330
Work: 441-2464, fax: 441-2025
Mobile: (612) 270-2942
Steve Batchelor
Regional Vice-President
Waste Management
1901 West 144th St.
Burnsville, MN 55306
(W) (952) 882-2306
Fax (952)894-8928
2.) Scope and Conduct of Landfill Operations. The operation of a solid waste
sanitary landfill maybe conducted on the Landfill Property in conformance with existing
statutory and regulatory authority and requirements of the City, Sherburne County and
the Minnesota Pollution Control Agency and in accordance with authorization and
limitations contained in:
(O1) MPCA Solid Waste Permit No. 74, October 8, 2003;
(02) the current Sherburne County solid waste landfill license issued to the
Licensee;
(03) the conditional use permit, as amended, issued by the City for the Landfill;
and
(04)this License.
Provided, however, that the entire Landfill shall have a final elevation of no more
than 1120 feet above MSL, including final cover, as provided in the Long Term
Development Plan dated March 1997, and as revised on April 15, 1997. The Landfill
shall also be operated and developed consistent with the following plans and reports
which have been submitted to the City and/or the MPCA:
(Ol) "New Recycling Facility Design Report and Operations Manual", 7anuary,
1991
(02) "MSW Operations Manual", September 1999, revised June 2001
(03) "Household Hazardous Waste Management Plan", June 15, 1992
(04) "Landfill Gas System Expansion Documentation Report", March 1999
(OS) "Leachate Management Plan", May 2003
(06) "Revised Closure, Postclosure and Contingency Action Cost Estimates",
September, 1999
(07) "Stormwater Pollution Prevention Plan", March 2003 and NPDES Design
Plan July 2001
(08) "Construction Quality Assurance Program", Mazch, 1999, revised June 2001
(09) "Phase IV Water Quality Monitoring Work Plan" (Revision #3) February
2002
(10) "Landfill Gas Migration Monitoring Plan", April 2002
(11) "Leachate Recirculation Plan" Mazch 2002
(12) "2003 Annual Report", January 2004
(13) "2003 Water Quality Report", February 2004
(14) "Long-Term Development Plan", March 1997, and as revised on
April 15, 1997 to include a maximum final elevation of 1120 feet MSL
(15) All Solid Waste License Renewals through the License dated
November 27, 2001
(16) "Industrial Solid Waste Management Plan", January 2004 and fiuther
conditioned upon submittal of annual reports describing the following:
(a) Monthly and Annual Waste Disposal Volume.
(b) Schedule of construction activities for the forthcoming year.
(c) Type, Quantity and Source of Material to be Disposed.
(d) Remaining permitted capacity
(e) Updated contour map which indicates the elevations of all fill areas
(f) Assessment of the Financial Assurances Plan.
(g) Evaluation of the Water Monitoring System and a proposal for
continued sampling and analysis.
(h) Detailed evaluation of all water quality results by means of tables
and graphs.
(i) A groundwater contour map based on the previous years'
groundwater Level data.
(17) "Industrial Solid Waste Management Plan for Demolition Debris", January
2004
(18) Submittal for January 2000 License Renewal, revised June 2001, subject to
the following conditions:
(a) Leachate head shall not exceed a maximum of 12 inches for any
liner. The Landfill shall monitor Leachate head levels weekly and
submit results to the City quarterly.
(b) The sampling and contingency action protocols for liner leaks shall
be as outlined in the Phase IV Water Quality Monitoring Work
Plan, revision #3 dated February 2003.
(c) The Construcfion Quality Assurance Program shall be amended to
document compliance with MNDOT 3877.2B standards for
sampling and testing of topsoil.
(d) Operation of the Active Gas Venting System shall be managed to
mitigate landfill gas migration and ongoing ground water
contamination from the unlined portion of the Landfill.
Any changes made to the above described plans, reports, MPCA Solid Waste
Permit No. 74 and the County License shall also be reviewed and approved,
approved with modification, or disapproved by the City. Minor modifications
shall be reviewed by City staff. Major modifications shall be reviewed by the
City Planning Commission and the City Council. The City may not unreasonably
disapprove or unreasonably require modifications. The City may also make
reasonable modifications to the conditions of the License based upon a submittal
from the Licensee. The City shall respond to Licensee submittals on a timely
basis, which shall be no later than formal MPCA time lines for review and
comment for concurrent submittals.
3.) Scope and Conduct of Related Operations.
(01) Reeling Center. The operation of a recycling center on the Landfill
Property may be conducted, if in conformance with all applicable terms and
conditions of this License, subject to the following conditions:
(a) The operation of the recycling center shall comply in all respects
with all applicable requirements of the City Code or Ordinances
and all applicable federal, state, and county laws and regulations.
(b) The recycling center shall be located and operated as shown on
plans submitted by Licensee and approved by City staff. The
recycling center may accept additional materials, including
household hazardous wastes, provided that Licensee's plan for
handling additional materials and any changes to the recycling
center shall first be approved in writing by the City.
(c) The recycling center shall be operated by Licensee. Operation of
the recycling center by a different operator shall require the prior
written approval of City staff Any different operator of the
recycling center must comply with all of the terms and conditions
of this License.
(d) Licensee shall place appropriate signage on the Landfill Property
to direct citizens to the location of the recycling center.
(e) Used oil recycling azeas shall be within an enclosed building with
an impermeable floor and containment area, as approved by staff.
(f) Battery storage shall be within an enclosed building with an
impermeable floor and containment area suitable for battery acid,
as approved by staff.
(g) Battery, paper and oil storage areas shall be sepazated to reduce
fire potential, as approved by the City Fire Chief.
(h) Licensee shall have a regulaz schedule for appliance pick-up, to
be approved by City Staff.
(02) Yazd Waste Composting. The operation of a yard waste composfing
facility on the Landfill Property maybe conducted, if in conformance with all
applicable terms and conditions of this License, subject to the following
condifions:
(a) The operation of the yard waste composting facility shall comply
in all respects with all applicable requirements of the City Code of
Ordinances and alf applicable federal, state, and county laws and
regulations.
(b) The yard composting facility shall be located and operated as
shown on plans submitted by Licensee and approved by City staff.
(c) All plastics shall be removed from yard waste brought to the
facility before composting.
(d) A11 municipal solid waste must be immediately removed from yard
waste and landfilled.
(e) The yard waste composfing facility must be operated in such a
manner as to keep odors to a minimum. If odor becomes a
problem staff may require more frequent fuming of compost piles
and/or watering to ensure that the compost remains aerobic and
breaks down as quickly as possible.
(f) The maximum amount of yard waste which maybe accepted is
100,000 cubic yazds per year.
(g) Positive drainage away from the compost area must be
implemented, as approved by City staff.
(h) Yard waste and/or compost may not be used as daily cover for the
landfill.
(i) That Licensee is in strict compliance with all other terms,
conditions and requirements of this License, including specifically,
but not limited to, the operational requirements, performance
standazds and environmental monitoring requirements of sections
4,6,7, and 8; and the requirement of sections 17 and 25 to make
prompt payment of all fees due to the City. No yard waste maybe
accepted at the yard waste composting facility if this condition is
not complied with. Licensee must immediately stop accepting
yard waste upon written notice from the City that there is a
violation of this condition.
(03) Demolition Debris. The operation of a demolition debris landfill on the
Landfill Property maybe conducted, if in conformance with all applicable terms
and conditions of this License, subject to the following conditions:
(a) The operation of the demolition debris landfill shall comply in all
respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state, and county laws and
regulations.
(b) The demolition debris landfill cell DC-3 shall be located and
operated as shown on the June 2001 Permit Application and
August 2001 revisions submitted by the Permittee with city staff
approving and having the authority to make decisions on the
technical issues involved.
(c) Licensee shall provide an estimated development time Line for the
demolition debris landfill, including an estimated closure timeline,
which shall be updated as appropriate.
(d) Licensee shall pay the demolition debris surcharge authorized by
Minn. Stat. § 115A.921, Subd. 2. The Surchazge shall be paid
directly to the City on a monthly basis, and shall be accompanied
by an accurate report on the amount and type of demolition debris
disposed of each day during the month. The Surcharge due for
each month shall be received by the City no later than the thirtieth
calendaz day of the succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of this License and shall
be a violation of the conditions and requirements of this License
for the purposes of the related operations authorized by Section 3
of this License.
(e) That Licensee is in strict compliance with all other terms,
conditions and requirements of this License, including specifically,
but not limited to, the operational requirements, performance
standards and environmental monitoring requirements of sections
4, 6, 7, and 8; and the requirements of sections 17 and 25 to make
prompt payment of all fees due to the City. No demolition debris
maybe accepted at the demolition debris landfill if this condition
is not complied with. Licensee must immediately stop accepting
demolifion debris upon written notice from the City that there is a
violation of this condition.
(04) Other Related Operations. No' other operations or activities, whether or
not related to the Landfill, shall be permitted or allowed on the Landfill Property
unless this License is first amended to specifically allow such operations and to
specify the applicable conditions except mining activities or other operations
licensed or permitted sepazately by the City.
4.) Specific Additional Operational Requirements.
(O1) Leachate Transmission Pipes. Licensee shall verify to the City every four
(4) years that the existing Leachate transmission pipes do not leak.
(02) Backup Leachate Pumps. Licensee shall maintain a backup pump for use
in the event of pump failure at the Leachate sump, wet well and/or Leachate storage
tank on-site. As an alternative, the licensee shall maintain provisions for restoring
temporary Leachate pumping within a 24-hour period and adhere to the current
"Leachate Management Plan" as approved by MPCA.
(03) Leachate Holding Tank. Licensee shall ensure that the Leachate holding.
tank is pumped out on a regulaz schedule. It shall be a violation of this License to
allow Leachate to collect on the liner to a depth exceeding one foot due to the
Leachate holding tank being full.
(04) Gas Venting System. Licensee shall conduct acfive landfill gas venting in
accordance with approved plans and shall construct additional phases of the active
gas control system at the time of final cover construction.
(OS) Phase IV Water Ouality Monitoring Work Plan. The Phase IV Water
Quality Monitoring Work Plan which describes the sampling frequency,
pazameters, protocols and reporting frequency for landfill gas, Leachate, Leachate
piezometers, Leachate lysimeters, residential wells, groundwater monitoring wells
and surface water shall be updated annually to reflect changes in the monitoring
systems. The monitoring plan shall yield adequate information for assessing the
effectiveness of the landfill gas control system in decreasing VOC contaminants
in the groundwater.
(06} Annual Active Landfill Gas Control System Assessment. Annually assess
the effectiveness of active landfill gas venting operations based on the results of
groundwater and landfill gas monitoring and incorporate the evaluation in the
MPCA Annual Report for the landfill.
(07) Heavy Metal Contaminant Monitoring and Assessment. Heavy metal
contaminants for surface water and groundwater must be addressed in addition to
VOC contaminants. Based on the need for additional monitoring to confirm
exceedances and identify trends, the Landfill shall continue monitoring and
prepaze evaluation reports which shall be submitted with the MPCA Annual
Reports.
(08) Heaw Metal Contamination Feasibility Study. If heavy metal
concentrations in groundwater and surface water exceed regulatory standards, the
Landfill will be required to conduct a Feasibility Study and submit it to City staff
on a schedule deterrnined by City staff.
(09) Construction Quality Assurance Reports. A Construction Quality
Assurance (CQA) Report shall be submitted to the City prior to the placement of
waste on newly constructed lined aeeas. A CQA report shall also be submitted for
Landfill areas which receive final cover. The report shall demonstrate that the
work was completed to the plan specifications. The Report shall be certified to by
an engineer registered in the State of Minnesota and shall include but not be
limited to:
(a) All relevant construction specifications;
(b) All shop drawings for prefabricated components;
(c) Photo documentation of all critical aspects of construction;
(d) Deflection testing results for leachate collection and transmission
pipes;
(e) Narrative description of all as-built variances from the plans and/or
specifications;
(f) As-built cross-sections of the liner subgrade;
(g) As-built elevations for all pipe inlets and outlets and pump-
on/pump-off controls;
(h) Completed manufacturer warranties;
(i) All physical testing results for soils and other materials use in the
construction
(10) Licensee shall notify the City at least two (2) days in advance of liner
barrier layer installation or final cover barrier layer installation. Licensee shall
assist the City in arranging inspection of the site at any reasonable time the City
requests. The Licensee shall keep the City informed of ongoing construction
progress and shall specifically notify the City of significant changes encountered
in the geological, hydrological, or construction conditions. The City may
reasonably require work, which is covered or otherwise obscured prior to City
inspection, to be re-excavated for City inspection.
(11) Temporary Fencing-On Site Litter Control. Litter control fences shall be
maintained around the working area(s) of the landfill to prevent the blowing of
paper or other litter on or off site. The Licensee shall assign employees to engage
in a regular and routine program to inspect the Landfill Site and clean up azeas
where litter accumulates on the Landfill Site.
(12) Permanent Fencing. The Licensee shall maintain a minimum six-foot high
fence around the perimeter of the site if and when necessary based upon
reasonable concerns regarding public safety or trespassing or uncontrolled
dumping.
(13) Public Information. The Licensee shall maintain a sign at the entrance to
the Landfill Site which describes in common terms the substances which maybe
disposed at the Landfill and those substances which may not be accepted for
disposal.
(14) Sanitary Facilities. Adequate sanitary facilities and shelter shall be
provided for site personnel.
(15) Electrical Service. Adequate electrical service shall be provided at the site
for operations and repairs.
(16) Fire Fighting. Fire fighting equipment including at least one piece of
heavy equipment, fire extinguishers in all machines working in the Landfill, and a
water truck shall be kept available on the site during the active life of the Landfill.
The self-contained breathing appazatus for the City Fire Deparhnent shall be
available for use by the Licensee on a temporary basis, as approved by the Fire
Chief. Licensee shall make a landfill operator available at the request of the City
Fire Chief to consult and advise the fire department about landfill fire fighting
issues.
(17) Safetv Equipment. Emergency first aid equipment consisting of at least
one first aid kit kept neaz the working face, and at least one shower on site
available to all personnel and customers shall be supplied. At least one of every
four landfill personnel shall be trained in first aid and CPR.
(18) Water. A potable water supply shall be available for site personnel.
(19) Storage. Adequate on-site shelter shall be provided for maintenance and
storage, sufficient to supply the equipment required by subsection (19) of this
section, during cold weather operations.
(20) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be
provided to ensure that no vehicle desiring entry into the site shall have to wait
outside the perimeter of the Landfill Property.
(21) Communication. Adequate communication facilities shall be provided for
emergency purposes.
(22) Securi .Agate shall be provided at the entrance to the site and kept
locked when an attendant is not on duty.
(23) Haul Roads. An a11-weather haul road shall be provided to the unloading
area and watered on a regular basis.
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(24) Adequate Equipment. Adequate equipment shall be supplied capable of
spreading and compacting the refuse as received. At least one machine capable of
covering the working face, in its entirety at the end of the day, shall be supplied.
(25) Information Disylay. Subject to approval by the City Council, the
Licensee shall maintain at each entrance to the Landfill Property a sign stating the
name of the facility, the schedule of days and hours the facility is open to the
public, prices for use of the facility, the Minnesota Pollution Control Agency
permit number and the penalty for nonconforming dumping.
(26) Screeninp./Buffer Strips. Visual screening of the Sanitary Landfill site, as
required by the Conditional Use Permit for the Landfill Property and as approved
by the City Council, shall be provided by the use ofbuffer zones, natural objects,
trees, plants, seeded soil berms, fences, and other suitable means.
(27) Small-Load Dumping Site. The Licensee shall, during all hours of
operation, maintain and operate a separate suitable and safe disposal area for the
dumping of small loads by pickup trucks, cars, and trailers. This separate site shall
be located and operated with due regard for the nature of the vehicles bringing
such loads, and the normal frequency of such dumping.
(28) Oak Wilt Prevention. As a method to prevent oak wilt, Licensee shall not
conduct any tree removal operations at the Landfill Property between April 15
and July 15 each year. In addition, oak stumps shall be removed prior to April 15
each year. When removing trees and stumps, Licensee shall prevent damage to
remaining trees.
(29) Leachate Recirculation. Remedies for problems arising from leachate
recirculation include, but aze not limited to, the cessation of leachate recirculation
and reverting back to traditional leachate treatment.
(30) Ce1117. The City's approval of cell 17 is contingent on City Staff's review
and approval of the specific construction details.
(31) End Use Plan. The Landfill shall submit an End Use Plan to the City by
2006.
5.) Off-Site Litter Control. The Licensee shall engage in a regular and routine
litter maintenance and removal program extending one-half mile north and south
of the entrance to the Landfill and to any other azeas adversely impacted by debris
related to Landfill operations as may be determined by the City. Litter shall be
removed from these azeas not less than once per week, and more often if
necessary because of spills or complaints from neighboring property owners, and
ensure that these areas aze kept free of litter generated by truck traffic traveling to
and from the Landfill. In addition, Licensee shall inspect all trucks leaving the
Landfill to ensure that they are either fully enclosed or covered, and/or clean, and
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will not spread litter on surrounding streets and roadways as they leave. In the
event that Licensee fails to remove litter within forty-eight (48) hours of notice of
accumulation of litter by the City, the City may cause such litter to be removed.
The City shall bill the cost of such removal to the Licensee, which shall remit
payment within thirty (30) days of the date of such billing.
6). General Performance Standazds. The Licensee shall comply with the
following performance standazds and operating requirements:
(Ol) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of
in the Landfill.
(02) Dangerous Wastes. No Dangerous Wastes (as defined in the Code of
Ordinances for the City of Elk River) shall be disposed at the Landfill un61 a
request to dispose of dangerous wastes has been submitted to the City as required
by Chapter 604 of the City Code of Ordinances. The City shall respond to
requests for permission to dispose dangerous wastes within fifteen (15) days from
receipt of the request as appropriate. If a request to dispose of dangerous wastes is
rejected by the City Building & Environmental Administrator, or the City's
authorized consultant/agent, the dangerous wastes may not be disposed at the
Landfill. Licensee may propose advance approval of proposed disposal of
dangerous wastes by submitting to the City, for each waste, a statement
identifying the waste type, generator name and address, volume, method of
chemical analysis, chemical constituents, and disposal procedures proposed. This
statement, and all requests to dispose of dangerous wastes, shall be submitted in
the form required by the City.
The City may deny permission to dispose of Dangerous Wastes at the Landfill for
one or more of the following reasons:
(a) In the City's sole discretion, it would not be in the best interests of
the public health, safety or general welfare of the citizens of Elk
River to allow disposal of said wastes;
(b) In the City's sole discretion, disposal of said wastes would pose a
threat to the environment.
(c) Licensee and/or the operation of the Landfill is currently in
violation of any of the terms, conditions, or requirements of this
License including specifically, but not limited to, the operational
requirements, performance standazds and environmental
monitoring requirements of Sections 4, 6, 7, and 8; and the
requirements in Sections 17 and 25, to make prompt payment of all
fees due the City.
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Licensee's "Industrial Solid Waste Management Plan, January 2004 shall
be complied with in all respects, subject to specific requirements of this License,
and may not be modified or amended without the City's prior written approval.
(03) Incorporation of State Standards. The Landfill shall comply with the
required pracfices for maintenance and operation of landfills set forth in
Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and
7035.0300 to 7035.2875.
(04) Compliance With Zonine Ordinance Performance Standazds. The
operation of the Landfill shall fully comply with the performance standazds and
other requirements of Chapter 30 of the Elk River City Code, including
specifically Division 5, Subdivision V thereof relating to performance standazds
for industrial uses.
(OS) Supervision. An attendant shall be on duty at the site at all times while it is
open for public use. Unloading of refuse shall be continuously supervised at the
working face of the landfill.
(06) Operating Records. Accurate records of daily waste disposal operations
shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded
on a daily basis, in a manner acceptable to the City, and reported to the City on a
monthly basis along with payment of the Fees required by Section 25 of this
License. The volume and location of the disposal of Dangerous Wastes shall be
recorded the day such disposal takes place and shall include the amount and type
of waste disposed of, and the name and address of the source of the waste. Waste
disposal records shall be available during normal business hours, for review and
inspection by the City.
(07) Recording. A detailed description of the location of the completed
Sanitary Landfill site shall be recorded with the County Register of Deeds within
four months after approval of the closure of the landfill. This description shall
include the general type and location of deposited Solid Waste, the location of
phased or staged disposal of wastes, the type and number of lifts, original and
final terrain descriptions, site hydrogeologic conditions, and other pertinent
characteristics ofthe completed sanitary landfill site.
(08) Education Program. The Licensee shall:
(a) Make available to all landfill users, including haulers and their
customers, information which describes in common terms what is
pemussible and impermissible to dispose at the landfill.
(b) Continue to conduct an employee training program designed to
assist employees in identifying impermissible waste materials and
to prevent their disposal at the landfill. The training program shall
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be reviewed with City staff and recommendations to improve the
program shall be incorporated to the extent feasible.
(09) Hours of Operation. The landfill shall not be operated between 7:00 p.m.
and 6:00 a.m. The landfill may accept waste during off hours only under the
following circumstances:
(a) The wastes have been tested and approved for disposal;
(b) Acceptance is necessary during off hours because of extraordinary
circumstances;
(c) Each instance of off hour acceptance has received the prior
approval of the City Building and Zoning Administrator and such
approval was granted during City business hours; and
(d) Each instance of off hour acceptance is documented in a letter sent
by the Landfill to the Building and Zoning Administrator within
five business days of the instance off hour acceptance.
7.) Site Environmental Monitorin
(Ol) On-site Groundwater. The Licensee shall perform on-site water quality
testing at the monitoring wells in the manner required by the MPCA permit. The
wells shall meet current Department of Health We11 Code Standards. The Water
Quality report shall be submitted to the City when it is submitted to the MPCA.
(02) Surface Water Ouality. The Licensee shall have surface water quality tests
performed in conjunction with sampling quarterly events when water is present.
(03) Off-Site Groundwater Quality. The Licensee shall annually sample the
individual private wells identified in the Phase IV Water Quality Monitoring
Work Plan required by Section 4(05). All private wells shall be analyzed for pH,
COD, ammonia, chlorides, specific conductance, and volatile organic compounds
(MDH method 4658 and EPA methods 601, 602).
(04) Modification. The testing programs specified in this Section 6 may be
modified by City staff if City staff reasonably determines there exists a need for
additional wells to be tested or additional parameters to be analyzed, based upon
water or air quality test results indicating the presence of contamination.
8.) Hvdroeeologic Reports. The investigation of the hydrological and
geophysical characteristics of the site shall be continued and any other new
information relating to the hydrogeologic impact of the site shall be reported to
the City. Hydrogeologic reports shall be updated, amended, and modified as
warranted by newly discovered or additional data acquired in the continued
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hydrogeologic investigation. Licensee shall notify City at least two (2) days in
advance of any soil boring or well construction required by this License.
9.) Dust, Noise, and Odor. Fugitive dust emissions off-site shall be controlled
at the Landfill Site as necessary by undertaking the following: road surfaces
within the Landfill Site shall be wetted with water or an appropriate chemical
whenever off-site dust levels become unreasonable as determined by the City
Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on
cover material such as stockpiles to reduce wind erosion as well as on other
exposed surfaces as appropriate. Cover compaction and revegetation activities
shall be undertaken promptly on the completion of various fill areas and
vegetative cover capable of quick growth shall be utilized. Planfings of bushes
and trees shall be installed if needed to buffer the Landfill Site and minimize wind
erosion.
All equipment and vehicles utilized at the Landfill Site shall be
periodically inspected and maintained to minimize noise. Vegetative barriers
along the boundaries of the Landfill Site shall be utilized to minimize off-site
noise impacts. Applicable state standazds for noise pollution may not be exceeded
by the Landfill operation, equipment, vehicles, or machinery.
The Licensee shall take reasonable actions to control odors from the
Landfill Site.
10.) Closure. Within six (6) months of a written demand by the City, and in no
event later than one (1) year prior to the date projected for cessation of waste
disposal, the Licensee shall submit to the City for approval an updated closure and
post-closure plan for the Landfill Site.
11.) Insurance. The Licensee shall secure and maintain insurance from an
insurance company acceptable to the City and authorized to write casualty
insurance in the State of Minnesota which will protect the Licensee, its agents and
employees, and the City from claims for bodily injury, death, or property damage
which may arise from the operations on the Landfill Site. The Licensee shall file a
certificate of insurance or a certified copy of the insurance policy with the City.
Such insurance policy shall contain a clause providing that it shall not be
cancelled by the insurance company without thirty (30) days' written notice to the
City of intention to cancel. The following coverage shall be provided in amounts
not less than those specified:
(Ol) Public liability, general liability, loading and unloading,
[completed operations, explosion, collapse, underground operations],
personal injury, and property damage with the following minimum limits:
(a) One Million Dollars ($1,000,000) per claimant.
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(b) One Million Dollars ($1,000,000) per occurrence.
(c) One Million Dollars ($1,000,000) annual aggregate.
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a One Million
Dollars ($1,000,000) minimum limit.
(03) The City may require additional insurance be provided by Licensee
if market conditions change such that additional coverage become
economically practicable. The insurance limits required by this section
shall be reduced if these insurance limits aze not reasonably and
economically available. For the purposes of this subsection "economically
practicable," "reasonably" and "economically available" shall be
determined by the insurance coverage affected by the Minnesota Joint
Underwriters Association or the readily available private insurance
market.
12.) Bonding.
(Ol) The Licensee shall furnish a surety bond in favor of the City in the
amount of Three Hundred Thousand Dollars ($300,000) to run
continuously (annual renewal allowed) until all landfill operations and
closure activities are completed to ensure compliance with the terms and
conditions of this License. Such bond shall be made by an insurance
company or other financial institution acceptable to the City and shall be
in a form acceptable to the City and its attorney. The bond shall be subject
to cancellation by the obligor by giving one hundred twenty (120} days'
prior written nofice to the City. The Licensee shall renew each such bond
no more than sixty (60) days after any such written notice, and failure to
so renew the bond shall be an event of default of the obligations of the
Licensee and shall constitute ground for immediate and automatic
revocation of this License. Said bond shall provide that if the Licensee
refuses to obey any of the requirements or to any of the acts required by
this License or for any reason ceases to operate or abandons the landfill,
and the City is required to expend monies or labor or material to restore,
repair, or clean up the Landfill Site to the condition and requirements
required bylaw, the obligor shall reimburse the City for any and all
expenses incurred to remedy the failure of the Licensee to comply with
this License, and the obligor shall indemnify and save the City harmless
from all losses, costs, and chazges that may occur to the City because of
any default by the Licensee. The bond may be in a form exercisable by
both the City and the County provided that such exercise feature allows its
use on instruction by either or both the City and County.
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(02) In the event this, or any subsequent license is revoked or the
Licensee closes operation of the landfill for any reason, including but
without limitation, order of the court or other agency of competent
jurisdiction, bankruptcy, insolvency, or abandonment, the Licensee shall
immediately proceed to close, cover, and grade the Landfill Site according
to an environmentally sound closure plan which shall be approved by the
City and which shall comply with all requirements of the MPCA and
Sherburne County relating to final closure. In the event the Licensee fails
to comply with the terms of this subparagraph (02), the City may, upon
ninety (90) days' prior notice to the Licensee, enter onto the property and
perform all such obligations, the costs of which shall be borne by the
Licensee, or, in default thereof, by its surety.
13.) Applicability of License. This License shall apply to the enfire
Landfill Property.
14.) License Period. This renewed License shall be in force and effect
until March 15, 2008.
15.) Violation of Conditions. If the Licensee or its successors or
assigns violate any term or condition imposed by this License, this License
may be revoked and terminated. Without limiting the foregoing, the
violation of any statute, regulation, ordinance, or license condition
imposed by lawful governmental authority and governing operations on
the Landfill Property is ground for revocation and termination of this
License. The change, alteration, or amendment of any such statute,
regulation, ordinance, or license condition by any governmental authority
other than the City shall not excuse the Licensee from compliance with
statutes, regulations, ordinances, or permit or license conditions in effect
on the date of the original issuance of this License unless compliance is
waived or excused by the City Council. The City shall not unreasonably
refuse to waive or excuse compliance with existing permit or license
conditions.
16,) Documents. Reports, and Maps. Copies of all documents, reports,
and maps which are supplied to the MPCA or to Sherburne County shall
also be supplied to the City, at the same time.
17.} Charges and Fees. The Licensee agrees to pay to the City upon the
amendment and renewal of this License, $2,000. Thereafter, the Licensee
shall pay the City an annual license fee of $2,000.
18.) On-Site Inspection. The City may inspect the Landfill and the
Landfill Property for the purposes of examining and copying
nonconfidential records; conducting inspections, surveys, investigations,
monitoring, or sampling; and others obtaining necessary information
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pertaining to the construction, operation, and environmental effect of the
disposal facility, control equipment, and control materials. Inspections
shall be conducted during normal business hours except in the event of an
emergency. City personnel or agents performing the inspection will notify
personnel at the landfill office at the time of inspection. In case of
emergency, the City will call Debra Dehn to gain entry and provide notice
of the situation. Licensee shall promptly notify the City of any
substitutions of persons to be so notified. The City shall be notified by the
Licensee immediately upon the occurrence of any explosion, fire, or other
emergency at the Landfill; upon the discovery, release or spill of
hazardous or dangerous materials, as defined in the City of Elk River
Solid Waste Ordinance, at the Landfill; and of any violations of the
conditions of this License. The specific requirements for how, when and
who to notify at the City shall be set forth in a sepazate letter from City
staff to Licensee. This letter may be revised or supplemented by City staff
from time to time as necessary to address the City's needs for notification.
19.) Indemnitv. The Licensee shall indemnify, defend, and hold the
City harmless from all claims, demands, and/or actions legal and/or
equitable arising from the operations on the Landfill Property.
20.) Worker's Compensation. The Licensee shall carry in a company
authorized to transact business in the State of Minnesota a policy of
insurance fulfilling all requirements of the Worker's Compensation Act,
including all legal requirements for occupational diseases, or self-insure
for the above.
21.) Split Samples. The Licensee shall notify the City forty-eight (48)
hours before any sampling of groundwater or surface water and allow the
City at its expense to obtain split samples of such waters.
22.) Rieht to Require Performance. The failure of the City, at any time,
to require performance by the Licensee of any provisions hereof shall in
no way affect the right of the City thereafter to enforce the same. Nor shall
waiver by the City of any breach of any of the provisions hereof be taken
or held to be a waiver of any succeeding breach of such provision or as a
waiver of any provision itself.
23.) Severability. If any provision of this License shall be declared void
or unenforceable, the other provisions shall not be affected, but shall
remain in full force and effect.
24.) Amendment. This License shall not be considered modified,
altered, changed, or amended in any respect unless approved by the City
Council as required by City Ordinance.
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25.) Fees. The Licensee shall pay the Host Community Fee (HCF)
provided for in the Host Community Agreement entered into between the
Licensee and City on September 15, 2003. If Licensee fails to pay the
HCF, for any reason, Licensee shall then pay the Landfill Abatement
Surchazge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surchazge).
The Surchazge shall be paid directly to the City on a monthly basis, and
shall be accompanied by an accurate report on the amount and type of
solid waste disposed of in the landfill each day during the month. The
Surcharge due for each month shall be received by the City no later than
the thirtieth calendar day of the succeeding month. Failure to pay the
Surcharge when due shall be cause for revocation of this License and shall
be a violation of the conditions and requirements of this License for the
purposes of the related operations authorized by Section 3 of this License.
26.) Conflicts. In any cases in which the Licensee believes there is an
irreconcilable conflict between the requirements of this License and Laws,
Rules, Regulations, or Order of any other governmental authority, the
Licensee shall promptly notify the City of such irreconcilable conflict and
request an amendment of this License. Until such time as the City acts
upon a request for an amendment to this License, which it may grant or
deny in its sole discretion, the terms of this License shall govern all
operations at the Landfill Site and shall prevail over the provisions of any
document submitted by the Licensee and any requirements of state or
federal law. The City shall not unreasonably refuse to amend this License
or waive compliance with this License in order to prevent violation of law.
27.) Modification Suspension, or Revocation of License. The violation
of any of the terms of this License is grounds for suspension or revocation
hereof. Furthermore, the City specifically reserves the right, and the
Licensee agrees that this License maybe amended, suspended, or revoked
by the City as reasonably required to protect the public health, safety, and
welfaze. Specifically, but without limiting the foregoing, the City may
amend, suspend, or revoke this License, whenever any reliable
information is secured from a recognized source which demonstrates that
the continued operation of the landfill places the public health, safety, or
welfare, in jeopardy. Such information includes, but is not limited to the
following:
(O1) A detemunation that (other than as indicated in the license
application) leachate generated at the Landfill Site is migrating to
surface or ground waters in a way that threatens the public health,
safety or general welfaze.
(02) A determination that (other than as indicated in the license
application) standazds for drinking water (whether promulgated as
of the date of this License or at a later date by the United States
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Environrnental Protection Agency, the Minnesota Department of
Health, the Minnesota Pollution Control Agency, or any other
governmental agency promulgating standazds for toxic wastes,
hazardous wastes, pollutants, or contaminants in groundwaters or
surface waters) aze being violated as a result of landfill operations.
(03) A determination that the emission of landfill gas on the
Landfill Site is creating or threatens to create a safety hazard to the
community.
Without limiting the foregoing, the City reserves the right to amend this
License to impose upon the Licensee the obligation to comply with any
state or federal law or regulation relating to the operation of sanitary
landfills, whether or not said laws or regulations apply by their terms to
preexisting landfills. Suspension, revocation, or amendment of this
License maybe ordered only after a public hearing on such suspension,
revocation, or amendment preceded by thirty (30) days' written notice to
the Licensee or at the time of consideration of renewal of this License.
Notice of hearing shall include a statement of the proposed action by the
City and the reasons therefore.
ATTEST:
/4L~L-
J an chmidt
i Clerk
THE CITY OF ELK RIVER:
ByUt_ 5~
Stephame Klinzing
Its: Mayor
ELK RIVER LANDFILL, INCf
BY:~~2~~. ~t'l~
Debra Dehn
Its: District Manger
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