5.4. SR 04-21-2008
REQUEST FOR ACTION
To Item Number
City Council 5.4.
Agenda Section Meeting Date Prepared by
Community Development April 21, 2008 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Request by Elk River Landfill to extend Conditional Use Permit T eremy Barnhart, Planning Manager
for one (1) year, Case No. CD 08-06 Reviewed by
Action Requested
Staff recommends approval of the extension of Elk River Landfill's (ERL) Conditional Use Permit (CUP)
with no modifications for one (1) year.
Summary
The Elk River Landfill is requesting a one (1) year extension of their CUP 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 CUP are being requested as part of this extension.
Attachments
. Vicinity Map
. Site Map
. Application from ERL, dated February 14,2008
. The current CUP for the facility
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-06 ER Landfill\REQUEST COUNCIL ACTION-CU 08-06-CUP.doc
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Location Map
Case Number: CU 08-06
ER LANDFILL
fiLE GOPV
REQUEST FOR ACTION
To Item Number
Planning Commission 5.2.
Agenda Section Meeting Date Prepared by
Planning April 8, 2008 Rebecca Haug,
Environmental Admin
Item Description Reviewed by
Request by Elk River Landfill to extend Conditional Use Permit Jeremy Barnhart,
for one (1) year Plall.L~ Manager
MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of
February 14,2008. The City must approve, approve with conditions, or deny the project by
April 14, 2008
Action Reauested
Staff recommends approval of the extension of Elk River Landfill's (ERL) Conditional Use Permit
(CUP) with no modifications for one (1) year,
GENERAL INFORMATION:
Applicant: Elk River Landfill
Requested Action Extend Conditional Use Permit
Location and Size: 22460 Highway 169
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in Solid Waste Facility Al (SWF) Al (ME)
Question (SWF)
North Livonia Township N/A N/A
South 1\1ineral Excavation Al ME
East Highway 169
West Agriculture Al A1
Introduction
The Elk River Landfill is requesting a one (1) year extension of their Conditional Use Permit to allow the
Case File: CU 08-06
Page 2
ERLCUP
City of Elk River
continued operation of the existing facility while the ERL pursues an expansion of the landfill to the
south, No changes to the license are being requested as part of this extension,
Attachments
· a vicinity map;
· Site Map
· The current CUP for the facility
Planning Commission Action Motion by _
Second by _
Vote
Follow Up
Applicable Reaulations
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:
,. Will not endanger, irgun: or detrimentallY affect the use and ef!jqyment of other properry in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general we(fan: of the neighborhood or the
city,
2, Wi" be consistent with the compn:hensive plan,
3, Wi" not impede the normal and orderlY development and improvement of surrounding vacant properry.
4. Will be seroed adequatelY by and will not adverselY affect essential public facilities and services including
streets, police and fin: protection, drainage, n:juse disposal, water and sewer .[)1st ems, parks and schools; and
will not, in particular, create traffic congestion or interfmnce with traffic on aC!jacent and neighboring public
thoroughfam.
5, Wi" not involve uses, activities, processes, materials, equipment and conditions of operation that wi" be
detrimental to a'!Y persons or properry because of excessive traffic, !loise, smoke, jumes, glan:, odors, dust or
vibrations.
6, Wi" not n:sult in the destruction, loss or damage of a natural, scenic or historic featun: of major importance.
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Case File: CU 08-06
Page 3
ERL CUP
City of Elk River
7. Will fullY complY with ail other requirements oj 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 ERL's CUP support continuing the operation at this site as ERL has
demonstrated that they can meet all the standards for a CUP,
ComDrehensive Plan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
Recommendation
Staff supports a recommendation to approve the one (1) year extension to ERL's Conditional Use
Permit with no modifications.
S:\PLANNING MAIN\Case Files\CUP\'CU 08-06 ER Landfill\Staff report to PC-CU 08-06.doc
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Office of the County Recorder
Sherburne County, MN
Doc. No. 663666
Certified filed and/or recorded on
06-10-2004 at 08:00
Michelle Ashe, County Recorder
By ~ Deputy Fee: $ 27.00
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
CONDmONAL USE
PROCEEDINGS
COUN1Y OF SHERBURNE
CITY OF ELK. RIVER
In the matter of:
Elk River Landfill, Inc.
Request:
Amended Conditional Use Pennit for Landfill and related operations
Case No, CO 04-01
ORDER GRANTING
CONDITIONAL USE
Waste Management, Inc., Owner
The above entitled matter came to be heard before the City Council on the 15th day of
March, 2004, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
See Attached Exhibit A in Agreement for Issuance of Amended Conditional Use Permit
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
See Attached Agreement for Issuance of Amended Conditional Use Permit
DATED this 15th day of March, 2004.
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE) 55.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER.
CITY OF ELK RIVER
I, Michele McPherson, Director of Planning for the City of Elk River with and in for said
City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional
Use with the original record thereof preserved in my office, and have found the same to be a true
transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year,
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at j1f River,
~esota, in the County of Sherburne, in the City of Elk River, on the l ~ day of
~ ,2004.
DRAFTED BY:
aty of Elk River
Elk. River, Minnesota 55330
Signed before me a ~c
this ~dayof ,2004.
r~~~
DEBORAH KAY HUEBNER
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31, 200S
S:\PLANNING\Case Files\2004\CU 04-01 ER Landfill\Recording doc.doc
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
THIS AGREEMENT, entered into and effective this 15th day of March, 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 Permittee), which
is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation,
provides as follows:
WHEREAS, the Permittee owns the real properties described on Exhibit A
attached hereto (hereinafter referred to as the Landfill Property), situated in the
City of Elk River; and
WHEREAS, Permittee has been operating a landfill on the Landfill Property
prior to January 20, 1987, and is currently operating a landfill at that location
(the Landfill); and
WHEREAS, the City adopted an amendment (the Amendment) to its zoning
ordinance authorizing the designation of a Solid Waste Facility (SWF) district
effective January 20, 1987; and
WHEREAS, prior to the adoption of the Amendment, landfill use was not a
permitted or conditional use in any zoning district within the City; and
WHEREAS, Permittee's landfill operation on the Landfill Property was a
nonconforming use prior to the adoption of the Amendment; and
1
WHEREAS, the appropriate and lawful regulation of the use of land for
landfill purposes within the City is a matter of important public need and
in terest; and
WHEREAS, the residents of the City could be adversely affected by the
unregulated operation of the Landfill; and
WHEREAS, the City rezoned the Landfill Property to SWF district and
issued a Conditional Use Permit and Solid Waste Facility License for the Landfill
operation in October, 1988; and
WHEREAS, the Permittee applied for and on July 20, 1998 the City
approved an amendment and renewal of the Solid Waste Facility License and
Conditional Use Permit to permit construction of additional cells at the Landfill;
and
WHEREAS, the City Council determined that for reasons related to public
health, safety, and welfare the fmal elevation of the Landfill should be limited to
no more than 1120 feet above Mean Sea Level (MSL); and
WHEREAS, the permittee agreed to a final elevation of no more than 1120
MSL; and
WHEREAS, the Permittee applied on January 21,1999 to the City for
amendment and renewal of the Solid Waste Facility License and Conditional Use
Permit to permit the construction of additional cells at the Landfill; and
WHEREAS, the Permittee applied on November 19,2001 to the City for an
amendment of the Solid Waste Facility License ahd Conditional Use Permit to
permit the construction of a demolition debris cell at the Landfill; and
WHEREAS, the Permittee has applied on March 15,2004 to the City for an
amendment of the Solid Waste Facility License and Conditional Use Permit for
the Landfill; and
WHEREAS, the City of Elk River Planning Commission and City Council
have held hearings on the request to amend the Conditional Use Permit, at
which hearings all citizens of the City of Elk River and other interested parties
have had the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, that Elk River Landf1ll, Inc., is hereby granted an amended conditional
use permit for landfill and related operations on the Landfill Property described
above, subject to the terms, conditions and qualifications hereinafter stated; to
,wit: '
2
1.) Scope and Conduct of Landfill Operations. The operation of a solid
waste landfill may be conducted on the Landf1l1 Property in conformance with
existing statutory and regulatory authority and requirements of the City,
Sherburne County (the County), and the Minnesota Pollution Control Agency
(MPCA); and in accordance with authorization and limitations contained in:
(01) MPCA Solid Waste Permit No. 74;
(02) the current Sherbume County Solid Waste Landfill License of the
Permittee;
(03) the current City Solid Waste Facility License of the Permittee; and
(04) this Permit.
Landf1l1 operations may be conducted on the Landf1l1 Site only in
accordance with the plans, descriptions and reports incorporated in said permits
and licenses. Provided, however, that the entire Landfill shall have a [mal
elevation of no more than 1120 feet above MSL including [mal cover, as provided
in the Long Term Development Plan submitted to the City dated March 1997,
and as revised on Apri115, 1997. Any changes mad~ to the plans, descriptions,
reports, permits and licenses, including MPCA Solid Waste Permit No. 74 and
the County License, shall also be reviewed and approved, approved with
modification, or disapproved by the City as described in the current License
issued by the City.
2.) Scope and Conduct of Related Operations,
(01) Recycling Center. The operation of a recycling center on the Landf1l1
Property may be conducted,'if in conformance with all applicable terms and
conditions of this Permit, 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 of 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 Permittee 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 cent~r shall be operated by Permittee. Operation of
, the recycling center by a different operator shall require the prior
written approval of City staff, Any different operator of the recycling
3
center must comply with all of the terms and conditions of this
Permit.
,(d) Permittee shall place appropriate signage on the Landfill property to
direct citizens to the location of the recycling center.
(e) Used oil recycling areas shall be within an enclosed building with an
impermeable floor and containment area, as approved by staff.
(f) Battery storage sh~ be within an enclosed building with an
impermeable floor and cont~nment area suitable for battery acid, as
approved by staff.
(g) Battery, paper and oil storage areas shall be separated to reduce fire
potential, as approved by the City Fire Chief.
(h) Permittee shall have a regular schedule for appliance pick-up, to be
approved by City staff.
(02) Yard Waste Compo sting. The operation of a yard waste composting facility
on the Landfill Property may be conducted, if in conformance with all applicable
terms and conditions of this Permit, subject to the following conditions:
(a) The operation of the yard waste compo sting facility 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 yard waste compo sting facility shall be located and operated as
shown on plans submitted by Permittee and approved by City staff,
(c) All plastics shall be removed from yard waste brought to the facility
before compo sting.
(d) All municipal solid waste must be immediately removed from yard
waste and landfilled.
(e) The yard waste compo sting 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 turning of compost piles and/ or
watering to ensure that the compost remains aerobic and breaks
down as quickly as possible.
(fj The maximum amount of yard waste which may be accepted is
100,000 cubic yards per year.
4
(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 Permittee is in strict compliance with all other terms,
conditions and requirements of this Conditional Use Permit,
including specifically, but not limited to, the operational and
environmental monitoring requirements of sections 4,6, and 7, and
the requirements of sections 17 and 25 to make prompt payment of
all fees and costs due to the City. No yard waste may be accepted at
the yard waste compo sting facility if this condition is not complied
with. Permittee 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 may be conducted, if in conformance with all applicable terms
and conditions of this Permit, subject to the following conditions:
(a) The operation of the demolition debris landf1l1 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) Permittee shall provide an estimated development time line for the
demolition debris landfill, including an estimated closure time line,
which shall be updated as appropriate.
(d) Permittee shall pay the demolition debris surcharge authorized by
Minn. Stat. S 115A.921, Subd. 2. The Surcharge 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
calendar day of the succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of this Permit and shall
be a violation of the conditions and requirements of this Permit for
the purposes of the related operations authorized by Section 2 of
this Permit.
5
(e) That Permittee is in strict compliance with all other terms,
conditions and requirements of this Conditional Use Permit,
including specifically, but not limited to, the operational and
environmental monitoring requirements of sections 4,6, and 7; and
the requirements of sections 17 and 25 to make prompt payment of
all fees due to the City. No demolition debris may be accepted at the
demolition debris landfill if this condition is not complied with,
Permittee must immediately stop accepting demolition 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 Landflll, shall be permitted or allowed on the LandfIll Property
unless this Permit is flrst amended to specifically allow such operations and to
specify the applicable conditions, except mining activities or other operations
licensed or permitted separately by City.
3.) Buffer Zone/Screening. A Buffer Zone shall be established within the
perimeter of the Landflll Property around the waste disposal areas of not less
than 200 feet, except on the north side, Within this Buffer Zone, no waste
disposal may occur. The Landflll shall develop an inventory of significant trees
within the buffer zone, The preservation of trees within the buffer zone shall be
included in plans for construction, operation, and closure of the Landfill. Said
plans shall be in compliance with the screening plans dated, May 28, 1999 and ,
which are incorporated into Sherburne County's license for the LandfIll.
4.) Specific Additional Operational Requirements.
(01) Leachate Transmission Pipes. Permittee shall verify to the City every four
(4) years that the existing leachate transmission pipes for cell 6 and other related
lined areas do not leak.
(02) Backup Leachate Pumps. Permittee shall maintain backup a pumps for
use in the event of pump failure at the leachate sump, wet well and leachate
storage tank on-site. As an alternative, the permittee 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. Permittee shall ensure that the leachate-holding
tank is pumped out on a regular schedule. It shall be a violation of this Permit
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. Permittee shall conduct active landfill gas venting in
accordance with approved plans and shall construct additional phases of the
venting system at the time of final cover construction.
6
(05) Phase N Water Quality Monitoring Work Plan. The Phase N Water
Quality Monitoring Work Plan which describes the sampling frequency,
parameters, protocols and reporting frequency for landfill gas/7 leachate, leachate
piezometers, leachate lysimeter, 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 landf1l1 gas control system in de9reasing VOC contaminants
in the groundwater.
(06) Annual Gas Vent System Assessment, Annually assess the effectiveness
of active landfill gas venting operations based on the results of groundwater and
landfill gas monitoring, Incorporate the evaluation in the MPCA Annual Report'
for the landfill.
(07) Heavv 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
prepare evaluation reports which shall be submitted with the MPCA Annual
Reports.
(08) Heavv 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 schedule determined 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 areas, A CQA report shall also be submitted
for Landfill areas which receive final cover. The report shall demonstrate that
the work is completed to the plan specifications. The Report shall be certified 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;
7
(f) As- built cross-sections of the liner sub grade;
(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 used for
construction.
(10) Permittee shall notify the City at least two (2) days in advance of liner
barrier layer installation or fmal cover barrier layer installation. The Permittee
shall assist the City in arranging inspection of the site at any reasonable time
the City requests, The Permittee 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 Landf1l1 to prevent the blowing of
paper or other litter on or off site, The Permittee shall assign employees to
engage in a regular and routine program to inspect the Landfill Site and clean up
areas where litter accumulates on the Landfill Site.
(12) Permanent Fencing. The Permittee shall maintain a minimum six-foot high
fence around the perimeter of the site if and when necessary, based upon
reasonable concems regarding public safety or trespassing or uncontrolled
dumping.
(13) Public Information. The Permittee shall maintain a sign at the entrance to
the Landfill Site which describes in common terms'the substances which may be
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 apparatus purchased for the City Fire
8
Department shall be available at the Fire Department for use by permittee on a
temporary basis, as approved by the Fire Chief. Permittee shall make a landf1l1
operator available at the request of the City Fire Chief to consult and advise the
fire department about landfill fire fighting issues.
(17) Safety Equipment. Emergency first aid equipment consisting of at least
one fIrst aid kit kept near 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) Security. A gate shall be provided at the entrance to the site and kept
locked when an attendant is not on duty.
(23) Haul Roads. An all-weather haul road shall be provided to the unloading
area and watered on a regular basis,
(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 Displav. Subject to approval by the City Council the Permittee
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) Small-Load Dumping Site. The Permittee 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,
9
(27) Oak Wilt Prevention. As a method to prevent oak wilt, Permittee 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, Permittee shall prevent damage
to remaining trees.
(28) Leachate Recirculation. Remedies' for problems arising from leachate
recirculation include, but are not limited to, the cessation of leachate
recirculation and reverting back to traditional leachate treatment.
(29) Cell 7, The City's approval of cell 17 is contingent on City Staffs review
and approval of the specific construction details. 3H to IV side slopes for these
cells is contingent on approval by MPCA and Sherbume County.
(30) End Use Plan. The Landfill shall submit an End Use Plan to the City by
2006.
5,} Off-Site Litter Control. The Permittee 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 areas adversely impacted
by debris related to Landfill operations as may be determined by the City. Litter
shall be removed from these areas 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 are kept free of litter generated by truck traffic traveling
to and from the Landfill. In addition, Permittee shall inspect all trucks leaving
the Landfill to ensure that they are either fully enclosed or covered, and/or
clean, and will not spread litter on surrounding streets and roadways as they
leave. In the event that Permittee 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 Permittee,
which shall remit payment within thirty (30) days of the date of such billing.
6.) 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
folloViring 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 Environmental Administrator and such
approval was granted during City business hours; and
10
(d) Each instance of off hour acceptance is documented in a letter sent
by the Landfill to the Building and Environmental Administrator
within five business days of the instance of off hour acceptance.
7.) Site Environmental Monitoring.
(01) On-site Groundwater. The Permittee 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 Well Code Standards. The Water
Quality Report shall be submitted to the City when it is submitted to the MPCA.
(02) Surface Water Qualitv. The Permittee shall have surface water quality
tests performed in conjunction with sampling quarterly events when water is
presen t.
(03) Off-Site Groundwater Quality, The Permittee 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 465C and EPA method 601,602).
(04) Modification. The testing programs specified in this Section 7 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.) Hydrogeologic 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
hydrogeologic investigation. The Permittee shall also notify City at least two (2)
days in advance of any soil boring or well construction required by this Permit.
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 ari 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. Plantings of bushes
and trees shall be installed if needed to buffer the Landfill Site and minimize
wind erosion.
11
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 standards for noise pollution shall not be exceed,ed by
the Landfill operation, equipment, vehicles, or machinery.
The Permittee shall take reasonable actions to control odors from the
Landfill Site.
10.) Closure. Within six (6) months of a written demand by the City, but
in no event later than one (1) year prior to the date projected for cessation of
landfill operations, the Permittee shall submit to the City for approval an
updated closure and post-closure plan for the Landfill Site.
11.) Insurance. The Permittee 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 Permittee, 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 Permittee
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 coverages shall be provided in
amounts not less than those specified:
(01) Public liability, general liability, loading and unloading, personal
injury, and property damage:
(a) $1,000,000 per claimant
(b) $1,000,000 per occurrence
(c) $1,000,000 annual aggregate
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a $1,000,000
minimum limit. .
(03) The City may require additional insurance be provided by the
Permittee 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 are not reasonably and
economically available. For the purposes of this subsection "economically
practicable," "reasonably" and "economically available" shall be
determined by the insurance coverages affected by the Minnesota Joint
12
Underwriters Association or the readily available private insurance
market.
12,) Bonding
(01) The Permittee shall furnish a surety bond in favor of the City in the
amount of Three Hundred Thousand Dollars ($3001000) 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 Conditional Use Permit. 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 notice to the City. The Permittee 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 Permittee and shall constitute ground for immediate and
automatic revocation of this Permit, Said bond shall provide that if the
Permittee refuses to obey any of these requirements or to any of the acts
required by this Conditional Use Permit 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 the Landfill Site to the condition and
requirements required by this Conditional Use Permit, the obligor shall
reimburse the City for any and all expenses incurred to remedy the failure
of the Permittee to comply with this Permit, and the obligor shall
indemnify and save the City harmless from all losses, costs, and charges
that may occur to the City because of any default by the Permittee. 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 or County,
(02) In the event this, or any subsequent permit is revoked or the
Permittee 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 Permittee 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 fmal closure. In the event the Permittee fails
to comply with the terms of this subparagraph (02), the City may, upon
ninety (90) days' prior notice to the Permittee, enter into the property and
perform all such obligations, the cost of which shall be borne by the
Permittee, or, in default thereof, by its surety.
13
13.) Applicability of Conditional Use Permit. This Permit shall apply to
the entire Landfill Property. This Conditional Use Permit shall run with the real
property and apply to the Permittee, its successors, and assigns.
14.) Permit Period. This Permit shall be in force and effect until
amended, revoked or otherwise terminated or until the Landfill operations
authorized herein are completed and the Landfill is closed in compliance with
the closure plan, whichever comes frrst.
15.) Violation of Conditions. If the Permittee or its successors or assigns
violates any term or condition imposed by this Conditional Use Permit, or any
solid waste facilities license issued for operation of the Landf1ll, this Conditional
Use Permit may be revoked and terminated. Without limiting the foregoing, the
violation of any statute, regulation, ordinance, or permit condition imposed by
lawful governmental authority and governing operations on the Landfill Property
is grounds for suspension, revocation or termination of this Conditional Use
Permit. The change, alteration, or amendment of any such statute, regulation,
ordinance, or permit condition by any governmental authority other than the
City shall not excuse the Permittee from compliance with statutes, regulations,
ordinances, or permit or license conditions in effect on the date of the original
issuance of this Permit 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 Permittee agrees to pay to the City the City's
reasonable costs for administering, enforcing, modifying and amending this
Conditional Use Permit, as follows:
(01) Permittee shall pay one hundred percent (100%) of the City's costs
for processing renewals, amendments or proposed amendments to
this Permit; and
(02) Permittee shall pay one hundred percent (100%) of the City's costs
for administering and enforcing the terms of this Permit, including
costs for reviewing Permittee's compliance with the terms and
conditions of this Permit, costs for bringing Permittee into
compliance with the terms and conditions of this Permit (including
legal costs); and City costs incurred for review of Permittee initiated
requests such as "co-disposal" approvals, etc.
18.) On-Site Inspection. The City may inspect the Landfill Site for the
purposes of examining and copying nonconfidential records; conducting
14
inspections, surveys, investigations, monitoring, or sampling; and otherwise
obtaining necessary information 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.
Permittee shall promptly notify the City of the name of an authorized person to
be notified and provide access to the Landfill in case of emergency. The City
shall be notified by the Permittee immediately upon the occurrence of any
explosion, fire, or other emergency at the Landfill; upon the discovery, release or
spill of the 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 Permit. The specific requirements for how, when and who to notify at the
City shall be set forth in a separate letter from City staff to Permittee, 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 Permittee 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 Site.
20,) Workers Compensation. The Permittee 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 Permittee shall notify the City forty-eight (48)
hours before any sampling of groundwater or surface water and allow the city to
obtain split samples of such waters.
22.) Right to Require Performance. The failure of the City, at any time, to
require performance by the Permittee 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 Conditional Use Permit shall be
declared void or unenforceable, the other provisions shall not be affected, but
shall remain in full force and effect.
24.) Amendment. This Permit shall not be considered modified, altered,
changed, or amended in any respect unless approved by the City Council' as
required by City Ordinance.
25.) Fees. The Permittee shall pay the Host Community Fee (HCF)
provided for in the Host Community Agreement entered into between the
15
Permittee and City on September 15, 2003. If Permittee fails to pay the HeF, for
any reason, Permittee shall then pay the Landfill Abatement Surcharge
authorized by Minn. Stat. ~ 115A.921, Subd. 1 (the Surcharge). The Surcharge
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 Permit and shall be a violation of the conditions and requirements of this
Permit,
26,) Conflicts. In any cases in which the Permittee believes there is an
irreconcilable conflict between the requirements of this Conditional Use Permit
and Laws, Rules, Regulations, or Order of any other governmental authority, the
Permittee shall promptly notify the City of such irreconcilable conflict and
request an amendment of this Conditional Use Permit, Until such time as the
City acts upon a request for an amendment to this Conditional Use Permit,
which it may grant or deny in its sole discretion, the terms of this Permit shall
govern all operations at the Landfill Site and shall prevail over the provisions of
any document submitted by the Permit Holder and any requirements of state for
federal law, The City shall not unreasonably refuse to amend this Permit or
waive compliance with this Permit in order to prevent violation of-the law.
27.) Modification, Suspension, or Revocation of Permit. The violation of
any of the terms of this Permit is ground for suspension or revocation hereof.
Furthermore, the City specifically reserves the right, and the Permittee agrees
that this Permit may be amended, suspended, or revoked by the City as
reasonably required to protect the public health, safety, welfare, and the
enviroI'lment. Specifically, but without limiting the foregoing, the City may
amend, suspend, or revoke this Permit, whenever any reliable information is
secured from a recognized source which demonstrates that the continued
operation of the Landfill places the public health, safety, welfare, or the
environment in jeopardy. Such information includes, but is not limited to the
following:
(01) A determination the (other than as indicated in the permit
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 welfare.
(02) A determination that (other than as indicated in the permit
application) standard recommended health advisory levels or intervention
levels for drinking water (whether promulgated as of the date of this Permit
or at a later date, by the United States Environmental Protection Agency,
the Minnesota Department of Health, the Minnesota Pollution Control
Agency, or: any other governmental agency promulgating standards for
16
toxic wastes, hazardous wastes, pollutants, or contaminants in
groundwaters or surface waters) are being violated as a result of landfill
operations.
(03) A determination that the emission of landfill gas on or adjacent to
the Landfill Site is creating or threatens to create a health or safety hazard
to the community.
Without limiting the forgoing, the City reserves the right to amend this Permit to
impose upon the permittee 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 Conditional Use Permit may be ordered only
after a public hearing on such suspension, revocation, or amendment, preceded
by thirty (30) days' written notice to the Permittee, or at the time of consideration
of renewal of this Permit. Notice of hearing shall include a statement of the
proposed action by the City and the reasons therefore.
THE CITY OF ELK RIVER:
A TrEST:
B~laW'~
Stephani Klinzing
Its: Mayor,
By: ~,:7vJ.,~
Joan c 'dt
Its:C
ELK RIVER LANDFILL, INC.
By: aha r;J-'!C,11
Debra Dehn
Its: District Manager
, 17
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
~Th~ foregoing instrument was acknowledged before me this~day of
_ 2004, by Stephanie Klinzing, the Mayor of the City of Elk River,
on ehalf of the City of Elk River.
f)~d~~
Notary Public '
STATE OF MINNESOTA
DEBORA.H KAY HUEBNER
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan, 31,2005
)
)ss.
COUNTY OF SHERBURNE )
~'Pe foregoing instrument was acknowledged before me this '-~ day of
2004, by Joan Schmidt, the City Clerk of the City of Elk River, on
be aIf of the City of Elk River.
[)~t1{tdyY~ ~~
N ortary Public
STATE OF MINNESOTA
)
) ss.
)
DEBORAH KAY HUEBNER
NOTARY PUBLIC - MINNESOTA
MY Commission Expires Jan, 31, 2005
COUNTY OF SHERBURNE
TJ;1e foregoing instrument was acknowledged before me this ''2. day of
It f?R/ t- , 2004, by Debra Dehn, the District Manager of Elk River
Lan.'dflll, Inc., a Minnesota corporation, on behalf of the corporation.
m~~~
Notary Public
IS INSTRUMENT WAS DRAFrED BY:
THIS INSTRUMENT WAS MODIFIED BY:
Gray, Plant, Mooty, Mooty & Bennett
500 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
The Building and Environmental Department
of the City of Elk River
18
EXHIBIT A
PARCEL B
That part of the Northeast Quarter of the Northwest Quarter of Section 3,
Township 33, Range 26, described as follows:
Commencing at the point of intersection of the North line of said Northeast
Quarter of the Northwest Quarter with the Westerly line of the right-of-way of
U.S, Highway No. 169; thence Southerly along said right-of-way, to intersect a
line parallel with and 470 feet South of, as measured at right angles to, said
North line of the Northeast Quarter of the Northwest Quarter said point of
intersection being the actual point of beginning of the land to be described;
thence west along said parallel line a distance of 558 feet; thence south at a
right angle to intersect the south line of the 'said Northeast Quarter of the
Northwest Quarter; thence East along said South line to intersect the said
Westerly line of the highway right-of-way; thence Northerly along said highway
right-of-way to the point of beginning, Sherburne County, Minnesota.
PARCEL C
The North 525 feet of the West Half of the Southwest Quarter of Section 3,
Township 33, Range 26, according to the United States Government Survey
thereof and situate in Sherburne County, Minnesota.
AND
The North 525 feet of that part of the Northeast Quarter of Southeast Quarter of
Section 4, Township 33, Range 26, lying East of the Great Northern Railway,
AND that part of the East Half of the Northeast Quarter of Section 4, Township
33, Range 26, lying East of the Great Northern Railway, according to the United
States Government Survey thereof and situate in Sherburne County, Minnesota.
PARCEL E
That part of the North half of the Northwest Quarter of Section 3, Township 33,
Range 26 lying Westerly of the following described real estate, to wit:
Commencing at a point on the North line of the said North Half of the Northwest
Quarter 650 feet distant West of the intersection thereof with the Westerly right
of way line of U.s. Highway No. 169 as presently located and established; thence
South and parallel with the West line of the said North Half of the Northwest
Quarter to the South line thereof and there terminating, excepting therefrom the
19
South 33 feet thereof, according to the United States Government Survey thereof
and situate in Sherbume County, Minnesota.
PARCEL F
The Northwest Quarter of the Northwest Quarter of Section 3, Township 33
North, Range 26 West; and
That part of the South Half of the Northwest Quarter lying West of U.S. Highway
No. 169, and the Northerly 525 feet of that part of the East Half of the Southwest
Quarter lying West of U.S. Highway No. 169, all in Section 3, Township 33
North, Range 26 West, according to the United States Government Survey
thereof and situate in Sherbume County, Minnesota.
PARCEL H
The West 92.70 feet of the North 470 feet of that part of the Northeast Quarter of
the Northwest Quarter of Section 3, Township 33, Range 26, Sherbume County,
Minnesota, lying east of a line described as Beginning at a point on the North
line of said Northeast Quarter of the Northwest Quarter a distance of 650 feet
west of the intersection of said North line with the Westerly right-of-way line of
U.S. Highway No. 169; thence south parallel with the West line of the North Half
of the Northwest Quarter to intersect the South line of said Northeast Quarter of
the Northwest Quarter and there terminating.
PARCELl
That part of the Northeast Quarter, of the Northwest Quarter of Section 3,
Township 33, Range 26, Sherburne County, Minnesota, lying south of the South
line of the North 470 feet, as measured at right angles, th~reof and lying west of
the following described line: Commencing at the point of intersection of the
North line of said Northeast Quarter of the Northwest Quarter with the Westerly
line of the right-of-way of U.S. Highway No. 169; thence southerly along said
highway right-of-way to intersect a line parallel with and 470 feet South of, as
measured at right angles to, said North line of the Northeast Quarter of the
Northwest Quarter; thence West along said parallel line a distance of 558 feet to
the actual Point of Beginning of the line to be hereby described; thence South at
right angles to intersect the South line of said Northeast Quarter of the
Northwest Quarter and there terminating.
20
N 251500
N 251000
N 250500
N 250000
N 249500
N 249000
N 248500
N 248000
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