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7.2. SR 01-16-1996'ty of ITEM 7.2 MEMORANDUM iver Mayor and City Council FROM: Stephen Rohlf, Building and Zoning Administrator DATE: December 20, 1995 SUBJECT: Renewal of Solid Waste Facility License and Conditional Use Permit for United Power Association (UPA) CU 95-29/Public Hearing Background The City of Elk River originally approved the conditional use permit and solid waste facility license for UPA in 1987. UPA's property was also rezoned to Solid Waste Facility District, at that time. The underlying zoning of their property is light-industrial. UPA burns refuse derived fuel produced at NSP's plant to generate electricity. UPA's facility lies just north of the intersection of US Trunk Highways 10 and 169. A vicinity map is attached to this memo. UPA's license and conditional use permit is required to be renewed every two years. The request in front of the Council is that renewal. Attachments 1. An application letter dated November 22, 1995, from UPA. 2. A site plan of UPA's facility. 3. A vicinity map showing the location of UPA's property. 4. A revised conditional use permit and a solid waste facility license. I881~e$ As noted in UPA's attached November 22, 1995, letter, the number of air emission limit exceedances has dramatically decreased. As of the date of their letter there were five exceedances in 1995 involving carbon monoxide (CO). Carbon monoxide is measured because it is an indicator of proper 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Page 2 combustion. Each time UPA has had an exceedance, they have explored the reasons why and modified their operation to avoid the same situation in the future. The five exceedances involving CO in 1995 were do to a shorter time period to average out CO emissions. Staff is confident that UPA will get their operation adjusted to avoid the majority of these exceedances in the future. The other important issue facing UPA in the future is new and more restrictive emission standards. UPA discusses these new standards in their attached letter. The city's permit, with a couple of exceptions staff is proposing to change during this renewal, adequately addresses the issues at UPA. Staff feels that having a renewal every two years is no longer necessary. Recommendation The Planning Commission felt that the standards set forth in the City Code of Ordinances for a conditional use permit and the standards in the city's Solid Waste Facility Ordinance are met and recommended approval of both UPA's conditional use permit and solid waste facility license with the following changes: A. License III., Item 4, titled "Incorporation of Amendments to MPCA Permits or Regulations". In the last sentence of this item, the proposal is to add the words performance standards in between performance testing or reporting requirements so that the new performance standards proposed are automatically incorporated in the city's license. o III., Item 17, titled "Expiration and Renewal". The proposed change is to have the license for UPA expire on January 31, 2000, which would be a four year renewal period. B. Conditional Use Permit #8-Reference to UPA's NPDES storm water permit was added to this section. o #24-The proposal is for a four year review period instead of a two year. ccUPA/bz/stever November 22, 1995 United Power Association P O. Box 800 . Elk River, MN 55330-0800 o ~612) 441-3121 File 8-30-8 Mr. Steven Rohlf Planning & Zoning Administrator City of Elk River P. O. Box 490 Elk River, Minnesota 55330 Re: Application for Renewal of Conditional Use Permit and Solid Waste License Dear Mr. Rohlf: Application is hereby made for re-issuance of the above referenced documents. This includes the following items: Conditional Use Permit & Solid Waste License (one page form) Conditional Use Permit Request (one page form) Agreement to pay costs of review (one page form) UPA Check for $75.00 Site Plan: The site is represented by one Facilities Layout and also by four separate drawings labeled NW, NE, SW and SE portions of the site. We have included ten sets of these five drawings; eight reduced size (1 lx17 inch) and two sets of full sized drawings. List of property owners within 350 feet of the UPA parcels. We have included the parcels [ecently added to the UPA ownership: former Hohlen property northeast of sewage treatment plant and the portion of UPA Drive near the Chamber-of Commerce office. We have included the printed list and the list of mailing labels, both supplied by the county auditor. Other information is as follows: Changes There are no changes in the information submitted in the last approved license application that the City is not already aware of through other regulatory processes or prior written communication. Having been in operation since 1989, the ERS has become a rather stable operation. We continually strive to improve the operation as well as planning for internal modifications which may be necessitated by the stricter emission limitation. Solid Waste Burned During the past 24 months (November 1, 1993 - October 31, 1995) ERS burned a total of 548,527 tons on refuse derived fuel (RDF). This is an average of 22,855 tons per month. Solid Waste to be Burned UPA projects that ERS will burn approximately 600,000 tons in the next 24 months (November 1, 1995 to October 31, 1997). Given the variation in RDF density of 2 to 4 pounds per cubic foot as fired, the expected volume corresponding with the above-projected weight is 300 million to 600 million cubic feet of RDF. Mr. Steven Rohlf November 22, 1995 - Page 3 We agree with the idea of increasing the time frame of these permits from the present two years to four years. Please contact us if there is other information we should supply regarding reissuance of the subject permit and license. We plan to attend the Planning Commission meeting of December 27, 1995 and the City Council meeting of January 15, 1996. We understand that this application is scheduled to be considered at those times. Please confirm these meeting dates and agenda items or advise of any different schedules. As usual, representatives of the City are welcome to visit our facilities at any convenient time. Sincerely, UNITED POWER ASSOCIATION ,.~James F. Eggen, rv~na~er Environmental Services Power Generation JFE/bjn Attach. c: Wayne Hanson /® )F .::' o/: UNITED POWER ASSOCIATION REFERENCE DRAWIN~;~;; FACILITIE~ LA~'OUT ~UAI)R~NT I]CTA[L.$ .......... ERQC-tOn $~t ~.-5 NOTE': ELK RI~ER FACIt. JT1E$ L~YOUT OWG'$ M~y NOT I~[PI~SENT ~ CN~NG~'S CENG\EROC\IODOIRO0 UNITED POVER ASSOCIAT[ON ELK RIVER. HIN~S~TA FACILITIES LAYOUT ELK RIVER FACILITIES: LAYOUT UNITED POWER ASSOCIATION CASE NO. CU 95-29 HILLS~D;" 178T~ I~'TH 1?5TN .~ Approved 1/16/96 AMENDED CONDITIONAL USE PERMIT NO. 87-10 For United Power Association Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, and January 15, 1996, subject to the following terms: This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the United Power Association Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 147A-86-OT-1 for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305, issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project, ~ transmitted to the City by correspondence dated July 24, 1986; and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, and November 30, 1993, application of Permittee for renewal of the Solid Waste Facility License for the Facility; and as further described in correspondence from Permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of this Permit and all such documents are considered to be and are hereby made a part of this Permit. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. All utility and street construction plans and specifications as presented by the Permittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. Approval of driveway entrances or exits, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City Zoning Administrator prior to issuance of any building permit. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Permittee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Such access shall be in accordance with the Permittee's safety standards and proprietary information requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Permittee, but not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. ge The City shall be notified by the Permittee immediately upon the release or · spill of hazardous materials at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 147A-86-0T-1, or Permit for a Waste Processing Facility and System, No. SW-305 and NPDES Permit No. MN001988. This Permit authorizes burning at the Facility of up to 1,050 tons per day of RDF as a monthly average. 10. Ail RDF and Ash-hauling truck traffic must enter the Facility site directly from Highway 10, Highway 169, or UPA Drive; and must exit the Facility directly onto Highway 169. RDF hauling trucks shall not enter or exit the Facility during the hours of 4:00 p.m. to 6:30 p.m. any day. All ash or other haul trucks leaving the Facility shall be securely covered so that no ash, or other particulate matter may escape. PXB 102965 2. 11. 12. 13. 14. 15. 16. 17. 18. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. No RDF or Ash trucks may be washed at the Facility. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the judgment of City staff, odors migrating off the facility site continue to be unacceptable, staff may direct Permittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. The Facility shall undertake no burning of RDF until all appropriate items in this Permit and the building permit are completed and finally inspected by the City of Elk River Zoning Administrator and a written certificate of occupancy has been issued. The Permittee shall engage in a regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be determined by the City. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Permittee shall also reimburse the City for all patching and repair expenses in excess of the City's normal street maintenance program for such streets. No exterior storage of RDF or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. The Permittee represents and warrants to the City that the Facility shall at all times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from permittee to John Klovning dated January 23, 1987, and with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. PXB 102965 3. 19. 20. 21. The establishment and operation of the Facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Section 604 of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Section 604 and/or said license which are not specifically set forth in this Permit. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Section 604 of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. Responsibility for Cost.q: The Permittee shall pay all direct costs incurred by it or the City in conjunction with the application for this Permit and the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the ?XB 102965 4. 22. Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Permittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Permittee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et. seq. for the release of hazardous waste at the Facility and from any remedial actions, clean- ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility. The indemnities provided in this paragraph B are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. The Permittee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Permit. The Permittee shall reimburse the City for all costs incurred in enforcement of this Permit, including consultant and attorneys' fees. Failure by Permittee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. MiscellaneoUs: This Permit and its conditions shall be binding upon the Permittee and its successors and assigns. The assignment by the Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld. Bo Violation of the terms of this Permit or of MPCA Permit No. SW-305 or Air Emission Facility Permit No. 147A-86-0T-1 or NPDES Permit PXB 102965 5. 23. 24. No. MN0001988 by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a hearing as provided by City ordinance. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not effect the validity of the remaining portions of the Permit. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. Notices: Required notice to the Permittee shall be in writing, and shall be either hand delivered to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following address: United Power Association AT'I'N: General Manager 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator Review: The terms and conditions of this Permit and compliance by the Permittee shall be subject to review by the City every four (4) years from the original date of the prior approval. The City reserves the right to revoke, amend, or impose additional conditions on the Facility or the Permittee at such time taking into account the advancement of scientific knowledge relative to the health effects of the Facility, the Permittee's degree of compliance with PXB 102965 6. current Permit conditions, and the criteria and standards of the City Code and Minnesota law. The undersigned, on behalf of the Permittee, represents and binds Permittee to the terms of this Permit, having fully examined this Permit and all materials referred to herein and agrees to all the conditions set forth. Each person signing below on behalf of the Permittee does so upon the authority of the Board of Directors of the Permittee, and a resolution documenting such authority is attached hereto. This approval shall expire two years from the date of City Council approval unless the proposed work described herein has been substantially completed or unless extended as provided in the City Code. In no case shall the Facility be used for the uses designated in the Permit until all of the conditions have been met by the Permittee and are inspected by the City. PERMITTEE: UNITED POWER ASSOCIATION By: Its: STATE OF MINNESOTA ) ) COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 1995, by , the of United Power Association, a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER (PXB) 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 PXB 102965 7. EXHIBIT B CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE UNITED POWER ASSOCIATION WASTE BURNING FACILITY Approved 1/16/96 This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Section 604 (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City Code) to United Power Association (the Licensee) for the establishment and operation of a Waste Burning Facility (the Facility) upon the property legally described in Exhibit A to this License (the Site). This License authorizes the establishment and operation of a Waste Burning Facility which will burn a maximum of one thousand fifty (1,050) tons per day of refuse derived fuel (RDF) as a monthly average, as described in: Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Burning Facility" and supplemental correspondence from Licensee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987; Licensee's November 30, 1989, application for renewal of the License for the Facility and supplemental correspondence from Licensee to the City dated March 22, 1990 and July 2, 1990; Licensee's November 13, 1991 application for renewal of the License and supplemental correspondence from Licensee to the City's Consultant dated November 20, 1991; Licensee's November 30, 1993 application for renewal of the License, including all attachments thereto; and Licensee's November 22, 1995 application for renewal of the License, including all attachments thereto; o The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; o The Combined Air and Solid Waste Permit No. 147A-86-OT-1 for an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). II. III. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: Satisfying the standards set forth in the Elk River City Code of Ordinances, including Section 604 and Article IX thereof; Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. Requirements and Conditions: Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this Permit. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. .Incorporation of MPCA Permit and Regulations. The terms and conditions of the MPCA Permit and all MPCA Regulations applicable to the Facility are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Special Conditions; .... Special Conditions Relating to RDF and Solid Waste;" and "General Conditions" of the MPCA Permit. Any violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of the terms, conditions, or requirements of the MPCA Permit or MPCA Regulations, and shall advise the City as to what steps will be taken to correct said violations. Incorporation of Amendments to MPCA Permit or Regulations. No amendment or change to any term, condition, or requirement of the MPCA Permit or Regulations shall be incorporated into this License or become PXB 103232 2. o effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment, except those amendments which impose stricter performance, performance standards, testing or reporting requirements on the Facility. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Building and Zoning Administrator or his designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials which must be provided unless declined include, without limitation, all plans and specifications; performance testing and monitoring results; testing and monitoring plans; the ash management program, including the ash disposal plan and ash evaluation reports; and all emission inventory reports. lncorporation of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of Section 604 of the City Code, including specifically Sections 604.28 (3) and (4). Any violation of the City Code will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. Incorporation of City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the Facility (the "CUP") and with the City's Zoning Ordinance, including the performance standards set forth in Section 900.28 thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. Performance Testing. In addition to all testing and monitoring required by the MPCA Permit, Licensee shall test the emission levels from the Facility of Polychlorinated Dibenzo-p~Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy metals every fifteen (15) months: arsenic, beryllium, cadmium, chromium, lead, mercury, nickel, and selenium. Hazardous and Dangerous Wastes. There shall be no burning of Hazardous or Dangerous Waste at the Facility. Temporary storage of Hazardous and Dangerous Wastes shall be allowed as provided by Section 604 of the City Code. Licensee shall notify the City immediately upon the release or spill of any hazardous or dangerous waste at the Facility and shall advise the PXB 103232 3. 10. 11. 12. City what steps will be taken to contain and clean-up any such release or spill. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and storage areas at the Facility, shall be fully enclosed and sprinkled, including the pit in the receiving building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from the receiving building to the burners. Adequate ash storage facilities shall be provided to insure that under no circumstances will ash be stored in anything but fully enclosed structures. The ask load-out building shall be constructed as shown on the plans approved by the City on September 26, 1991. Ventilation and filters shall be provided for this building sufficient so that ash particles are not being exhausted outside the building. All ash and other haul trucks leaving the Facility shall be securely covered so that no ash, residue, or other particulate matter may escape. Ash Disposal. All ash shall be permanently transported out of the City except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash disposal shall strictly comply with the requirements of Section 604 of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for ash disposal; which have been approved by the Minnesota Pollution Control Agency for ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. RDF and Ash Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all trucks hauling RDF to the Facility from the NSP Waste Processing Facility shall use the following routes: (1) from the NSP Facility via 165th Street to Highway 10 and from Highway 10 directly into the Facility; or (2) from the NSP Facility via 165th Street to Highway 10, Highway 10 to Main Street, Main Street to UPA Drive, and from UPA Drive into the Facility. RDF trucks returning from the Facility to the NSP Facility shall use the following route: From the Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Street, and from 165th Street directly into the NSP Facility. All Ash and other hauling truck traffic must enter the Facility directly from Highway 10, UPA Drive, or Highway 169; and must exit the Facility directly onto Highway 169. RDF hauling trucks shall not enter or exit the Facility during the hours of 4:00 p.m. to 6:30 p.m. any day. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. PXB 103232 4. 13. 14. 15. 16. 17. 18. 19. 20. Si~nage. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility and the MPCA Permit number. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Section 604 of the City Code. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Section 604 of the City Code. Insurance and Bonding. This License shall not take effect until the insurance and bonding requirements set forth in Section 604.12 of the City Code have been complied with. Expiration and Renewal. This License shall expire on January 31, 2000, as provided by Section 604 of the City Code. Renewal of this License shall be governed by the procedures and requirements of Section 604.14 of the City Code. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Section 604 of the City Code. Violations. Any violation of the terms and conditions of this License shall also be considered a violation of Section 604 of the City Code and, in addition to suspension or revocation of this License as provided in Section 604.14 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 604.34 thereof. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co- PXB 103232 5. 21. 22. 23. 24. 25. counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et. seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 20 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. Waiver and Claim~. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. Costs. The Licensee shall reimburse the City for all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Section 604 of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. .License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit, or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. Amendments or Waivers in Writing. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this PXB 103232 6. IV. go License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 26. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: United Power Association ATI'N: Manager, Plant Operations 17845 U.S. Highway 10 Elk River, Minnesota 55330 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of this License, the conditional use permit for the Facility, and Section 604 of the City Code. In no event shall operations at the Facility commence until all of the terms, conditions, and requirements contained in or incorporated into this Licensee have been met, including all required tests, reports, and inspections. Dated: By: Henry A. Duitsman, Mayor By: Patrick Klaers City Administrator PXB 103232 7. CONSENT OF LICENSEE The undersigned duly authorized representative of United Power Association, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Section 604 of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: UNITED POWER ASSOCIATION By: Its: By: Its: PXB 103232 8.