7.4. SR 01-16-1996'ty of
ITEM 7.4.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Stephen Rohlf, Building and
Zoning Administrator
December 20, 1995
Renewal of Conditional Use Permit
and Solid Waste Facility License by
the Elk River Landfill, CU 95-31/
Public Hearing
Background
The City of Elk River first approved a conditional use permit and solid waste
facility license for the Elk River Landfill in 1987. Since that time the city
has more or less renewed these permits every two years. The landfill's
property was zoned to Solid Waste Facility Overlay District in 1987 also.
The Elk River Landfill is a regional landfill located directly to the west of
Highway 169, at the north end of the city (see attached vicinity map). In
1995, Elk River Landfill, Inc., consolidated with a company called Sanifill,
based out of Texas. The corporate name for the landfill remains Elk River
Landfill, Inc.
Attachments
2.
3.
4.
5.
A vicinity map showing the general location of the Elk River Landfill.
A cover letter from Elk River Landfill dated, December 13,1995.
An Operations Site Plan of the Elk River Landfill.
A conditional use permit.
A solid waste facility license.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Page 2
1551~e$
1. Security
The Elk River Landfill is in the process of constructing a 6 ft. high
chain link fence around their entire site.
2. Liter Control
Sections 4 (14) and 5 in the attached conditional use permit and 4 (14)
and 5 of the solid waste license, have been slightly modified to ensure
proper liter control.
3. Related Operations
The Elk River Landfill does some recycling, yard composting, and also
disposes of demolition debris. Item 2 of the conditional use permit and
Item 3 of the solid waste facility license, have been modified to allow
city staff to approve changes some changes to these operations.
Operations in addition to these mentioned would take an amendment
to the license and conditional use permit.
Specific Additional Operational Requirements
These requirements can be found under Item 4 in both the conditional
use permit and license attached.
The original cell at the Elk River Landfill, started in 1972, was
unlined. There is concern with water contamination from this cell.
Cleaning this groundwater up prior to it migrating off the landfill site
was the initial reason why the city started permitting the landfill. To
that end, the landfill has completed a remedial investigation which
basically determined the amount of contamination and the direction of
its flow.
The initial remedial action or clean-up proposed consists of an active
gas venting system, which will hopefully remove volatile organic
compounds (VOC) from the groundwater. An active gas venting
system actually sucks landfill gasses out of the landfill verses a passive
gas venting system, which acts a lot like a sewer stack on a house. In
the future, the landfill proposes to either make propane from these
gasses or burn them to generate electricity.
cc-12-20s/stever
Page 3
The significant changes to the Specific Requirements section of the
license and conditional use permit include the following:
- A deadline for getting the active gas venting system operational.
- A comprehensive monitoring plan that ties groundwater monitoring
and gas monitoring together.
- A deadline to complete a VOC Remedial Feasibility Study, if the
active gas venting system does not adequately improve groundwater
quality.
- A deadline to get additional VOC Remedial Action constructed and
operational if necessary to improve groundwater quality.
- Deadlines to assess and propose corrective action for heavy metal
contamination. The active gas venting system will not remove heavy
metals from the groundwater.
Hard Surfacing
The only other Specific Additional Operational Requirement (Item
No.4) that is proposed to be changed with this renewal is No. 26 in
both the license and conditional use permit titled, "Haul Roads". In
addition to watering haul roads and loading areas on a regular basis to
control dust, the landfill has agreed to pave their access up to the scale
house and their office parking area by June, 1997.
o
Buffer Zone
According to state statute, demolition debris can be disposed of within
50 ft. of a property line. However, municipal solid waste is required to
have a minimum of a 200 ft. setback from a property line.
As you can note, under item 3 in the conditional use permit titled,
"Buffer Zone", staff is requiring a 200 ft. setback from property line for
the disposal of any waste, including demolition debris. We feel that it
is essential to keep this 200 ft. buffer free of waste so that it is
available for screening, monitoring groundwater and landfill gas, and
protection of adjacent property values. MPCA is also in agreement
with this setback.
The conditional use permit also requires that the landfill submits a
screening plan to city staff by the end of February, 1996. The
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Page 4
screening plan will include preserving heavily wooded areas, where
they exist, and installing berms with evergreens in non-wooded areas.
7. Insurance
Item 10 of the conditional use permit and Item 11 of the license titled,
"Insurance", have been updated to reflect the maximum limits
available.
8. Fees
The landfill was paying only 70% of the cost incurred by the city for
renewing their conditional use permit and license. Their new permits
reflect them paying 100% of these costs. Also, the day-to-day costs to
the city for administering these permits will be billed to the landfill
and they will pay 100%.
9. Renewal Date
With the additions to the Elk River Landfill's conditional use permit
and license previously listed, staff feels adequate conditions exist to
ensure public safety and welfare. Therefore, we are recommending
that the landfill license and conditional use permit be placed on a 4
year renewal period verses a 2 year.
Recommendation
Representatives of the Elk River Landfill and city staff have met several
times regarding the renewal of their permits. The landfill is in agreement
with the proposed changes. With the additional stipulations placed in these
permits, the Planning Commission felt that the seven standards for
approving a conditional use permit and the standards found in the Solid
Waste Ordinance of the City Code of Ordinances, are met. They are
recommending approval of both the attached conditional use permit and solid
waste facility license for the Elk River Landfill.
cc-12-20s/stever
CASE NO.
,~U 95-31
ELK RIVER LANDFILL
12/13/95 11:42 F.~ 612 J, 41 2025
VER
* '_ANDFILL, INC.
~ Sanifi'fl of.44inne$ota
~00'
Quality Service with Integrity
December 13, 1995
Mr. Steve Rohlf
Zoning Officer
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 5533,3
RE:
Elk River Landfill, Inc., License and CUP
Dear Steve;
Attached is a copy of the application for the renewal of the License and
CUP. At this time Elk River Landfill, Inc., is not opposing any issue in the
License and CUP. However, in the future Elk River Landfill, Inc., will likely
be revisiting the issue of the 200' boundary around the perimeter of the
landfill. Elk River Landfill, inc., will likely seek approval to fill to within 50'
of the boundary with demolition material.
Should you have any questions or concerns, please feel free to contact me.
Respectfully;
ELK RIVER LANDFILL, INC,
Victoria L. Kreger
Site Manager
VLK/
Deb McDonald, Sanifill, Inc.
Jim Norstrom, Sanifill, Inc.
Prlnt~l on Recycled
Sanifill of Minnesota -/~lk River Landfill, Inc, · 22460 Highway 169 N.W. · Elk River, Minnesota 55330
(612) 441-2464 · Fax (612) 441-2025
~Ous~
FIGURE # 3
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
Approved 1/16/96
THIS AGREEMENT, made and entered into this
. day of
1996 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), provides as follows:
WHEREAS, the Permittee owns the real properties described on Exhibit A attached
hereto (hereinafter referred to as the Landf'fll Property), situated in the City of Elk River;
and
WHEREAS, Permittee has been operating a landf'fll 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 Landf'fll Property was a
nonconforming use prior to the adoption of the Amendment; and
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 interest; 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, Permittee has applied to the City for renewal of the Solid Waste Facility
License and has requested that the Conditional Use Permit be amended to permit additional
activities on the Landfill Property; 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 Landfill, 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:
1.) Scope and Conduct of Landfill Operations. The operation of a solid waste
landfill may be conducted on the Landfill Property in conformance with existing statutory
and regulatory authority and requirements of the City, Sherburne County (the County), and
the Minnesota Pollution Control Agency (PCA); and in accordance with authorization and
limitations contained in PCA Solid Waste Permit No. 74, the current Sherburne County Solid
Waste Landfill License of the Permittee, the current City Solid Waste Facility License and
this Permit. Landfill operations may be conducted on the Landfill Site only in accordance
with the plans, descriptions, and reports incorporated in said permits including specifically,
but without limitation, the application for solid waste facility license and application for
conditional use permit dated February 1, 1988, the Solid Waste License Renewal Application
submitted November 30, 1990 (including a modifying submittal dated April 14, 1991), and
the Solid Waste License Renewal Application submitted November 30, 1995.
2.) Scope and Conduct of Related Operations.
(01) Recycling Center. The operation of a recycling center on the Landfill
Property may be conducted, if in conformance with all applicable terms and
conditions of this 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 center 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 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.
PXB 100862
(0'
Battery storage shall be within an enclosed building with an
impermeable floor and containment area suitable for battery acid, as
approved by staff.
(g)
Battery, paper and oil storage areas shall be 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 Composting. 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:
The operation of the yard waste composting 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 composting 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 composting.
(d)
All municipal solid waste must be immediately removed from yard
waste and landfilled.
(e)
The yard waste composting 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.
(0
The maximum amount of yard waste which may be accepted is 100,000
cubic yards per year.
(g)
Positive drainage away from the compost area must be implemented, as
approved by City staff.
(h)
Yard waste and/or compost may not be used as daily cover for the
landfill.
(i)
That Permittee is in strict compliance with all other terms, conditions
and requirements of this Conditional Use Permit, including specifically,
PXB 100862 3.
but not limited to, the operational and environmental monitoring
requirements of sections 4, 6, and 7, and the requirements of sections
16 and 24 to make prompt payment of all fees and costs due to the
City. No yard waste may be accepted at the yard waste composting
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 landfill shall comply in all
respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state and county laws and
regulations.
(b)
The demolition debris landfill shall be located and operated as shown
on plans submitted by Permittee and approved by City staff.
(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. § 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.
(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 16 and 24 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.
PXB 100862 4.
(04) Other Related Operations. No other operations or activities, whether or not
related to the Landfill, shall be permitted or allowed on the Landfill Property unless
this Permit is first 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. A Buffer Zone shall be established within the perimeter of the
Landfill Property around the waste disposal areas of not less than 200 feet. Within this
Buffer Zone, no waste disposal may occur. Permittee shall place a six (6) foot high earth
berm, landscaped with evergreen trees and protected from erosion within the Buffer Zone.
Where the Buffer Zone contains heavily wooded areas, exception to installing the berm and
landscaping shall be allowed. A plan for establishment of the Buffer Zone shall be submitted
to the City no later than March 1, 1996 for approval by City staff and shall be implemented
as provided in the plan.
4.) Specific Additional Operational Requirements.
(01) Leachate Transmission Pipes. The leachate transmission pipe shall be
redesigned for subsequent Landfill phases to include the use of secondary containment
capability. Permittee shall verify to the City every four (4) years that the existing
pipe does not leak.
(02) Backup Leachate Pumps. Permittee shall maintain backup pumps for use in
the event of pump failure at the wet well and leachate storage tank on-site, or shall
maintain provisions for restoring temporary leachate pumping within a 24 hour
period.
(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. Initiate operation of the active landfill gas venting
system by March 1, 1996.
(05) Comprehensive Monitoring Plan. Submit a Comprehensive Monitoring Plan
which describes the sampling frequency, parameters, protocols and reporting
frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter,
residential wells, groundwater monitoring wells and surface water. The monitoring
plan shall yield adequate information for assessing the effectiveness of the landfill gas
control system in decreasing VOC contaminants in the groundwater. The plan shall
be submitted by February 1, 1996, and updated annually. The original plan and the
annual updates shall be approved by the City.
PXB 100862
(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) VOC Remediation Feasibility Study. In accordance with MPCA
correspondence dated February 14, 1994 regarding the Corrective Action
Investigation Report, the Landfill will be allowed a three year timeframe in which to
demonstrate the effectiveness of landfill gas extraction system in reducing VOC
contaminants in the groundwater.
If, as of March 1, 1999, groundwater quality standards are exceeded at the facility's
compliance boundary and the concentration of VOCs do not show a decreasing trend,
the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility
Study shall be submitted to City staff by June 1, 1999.
(08) VOC Remedial Action. If necessary, the selected remedial measure for VOC
contaminants identified by the Feasibility Study must be constructed and operational
by March 1, 2001, unless good cause can be shown for a delay.
(09) Heavy Metal Contaminant Monitoring and Assessment. Heavy metal
contaminants for surface water and groundwater must be addressed in addition to
VOC contaminants. Based on the need for additional monitoring in 1995 and 1996 to
confirm exceedances and identify trends, the Landfill shall conduct monitoring in
1995 and 1996 and prepare an evaluation report which shall be submitted with the
1996 MPCA Annual Report.
(10) Heavy 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 by May 1, 1997.
(11) 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;
PXB 100862 6.
(e)
Narrative description of all as-built variances from the plans and/or
specifications;
(f) As-built cross-sections of the liner subgrade;
(g)
As-built elevations for all pipe inlets and outlets and pump-on/pump-off
controls;
(h) Completed manufacturer warranties;
(i) All physical testing results.
(13) The Permittee shall notify the City at least two (2) days in advance of liner
barrier layer installation or final 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.
(14) Temporary Fencing - On-Site Litter Control. Litter control fences shall be
placed around the working area(s) of the Landfill 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.
(15) Permanent' Fencing. The Permittee shall install a minimum six-foot high fence
around the perimeter of the site if and when necessary, based upon reasonable
concerns regarding public safety or trespassing or uncontrolled dumping.
(16) 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.
(17) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided
for site personnel.
(18) .Electrical Service. Adequate electrical service shall be provided at the site for
operations and repairs.
(19) ~. 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 Department shall be
PXB 100862 7.
available at the Fire Department for use by Permittee on a temporary basis, as
approved by the Fire Chief. Permittee shall make a landfill operator available at the
request of the City Fire Chief to consult and advise the fire department about landfill
fire fighting issues.
(20) 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.
(21) .Water. A potable water supply shall be available for site personnel.
(22) 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.
(23) 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.
(24) ~. Adequate communication facilities shall be provided for
emergency purposes.
(25) Security. A gate shall be provided at the entrance to the site and kept locked
when an attendant is not on duty.
(26) Haul Roads. An all-weather haul road shall be provided to the unloading area
and watered on a regular basis. The Landfill shall pave the access roads from T.H.
169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce
dust generation.
(27) 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.
(28) Information Display. Subject to approval by the City Council, the Permittee
shall erect and 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.
(29) 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 from May 1 to October 31 each year.
PXB 100862 8.
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.
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.) 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 PCA 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 PCA.
(02) Surface Water Quality. The Permittee shall have surface water quality tests
performed in conjunction with sampling quarterly events when water is present.
(03) Off-Site Groundwater Ouality. The Permittee shall annually sample the
individual private wells identified in the Comprehensive Monitoring 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 6 may be
modified by City staff if City staff reasonably determines there exists a need for
additional wells to be tested or additional parameters to be analyzed, based upon
water or air quality test results indicating the presence of contamination.
7.) 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.
PXB 100862 9.
8.) Dust, Noise, and Odor. Fugitive dust emissions off-site shall be controlled at
the Landfill Site as necessary by undertaking the following: road surfaces within the Landfill
Site shall be wetted with water or an appropriate chemical whenever off-site dust levels
become unreasonable as determined by the City Zoning Administrator. Dust pollutives shall
be utilized to the extent necessary on cover material such as stock piles 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.
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 exceeded by the Landfill operation, equipment, vehicles, or machinery.
The Permittee shall take reasonable actions to control odors from the Landfill Site.
9.) 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.
10.) .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) $200,000 per claimant
Co) $600,000 per occurrence
(c) $600,000 annual aggregate
(02) Automobile and truck public liability, personal injury, and property damage,
including owned and nonowned vehicles with a $500,000 minimum limit.
PXB ,00,62 10.
(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" and reasonably and "economically
available" shall be determined by the insurance coverages affected by the Minnesota
Joint Underwriters Association or the readily available private insurance market.
11.) Bonding.
(01) The Permittee shall furnish a surety bond in the amount of Three Hundred
Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all
landfill operations and closure activities are completed to ensure compliance with the
terms and conditions of this 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 PCA and
Sherburne County relating to final closure. In the event the Permittee fails to comply
with the terms of this subparagraph (b), the City may, upon ninety (90) days' prior
notice to the Permittee, enter into the property and perform all such obligations, the
costs of which shall be borne by the Permittee, or, in default thereof, by its surety.
(03) In lieu of the bond required in this section, the Permittee shall fund an interest
bearing escrow account at the City. Permittee shall deposit an initial sum of
rxu Ioo~62 11.
$17,325.19 and thereafter $. 10 shall be deposited monthly into this account for each
cubic yard of mixed municipal solid waste disposed of at the Landfill until the escrow
account (including interest) has reached a total of $250,000. Interest shall then
continue to accrue and remain in the escrow account until the escrow account reaches
the total amount of $400,000. Interest earned thereafter shall be deposited in the
City's general fund. Disbursements from this escrow account shall be made only for
the purposes described in part (a) herein until the completion of all closure and
post-closure monitoring activities at the Landfill Property to the satisfaction of the
City, at which time any account balance shall be disbursed to Permittee.
12.) 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.
13.) permit Period. This Permit shall be in force and effect until January 31, 2000
or until the landfill operations authorized herein are completed and the Landfill is closed in
compliance with the closure plan, whichever comes first.
14.) ..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 Landfill, 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.
15.) .Documents, Reports, and Maps. Copies of all documents, reports, and maps
which are required to be supplied to the PCA or to Sherburne County shall also be supplied
to the City, at the same time.
16.) 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
vxB ~00862 12.
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.
17.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of
examining and copying nonconfidential records; conducting 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 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.
18.) Indemnity. 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.
19.) Worker's 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.
20.) 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.
21.) 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.
21.) 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.
~,xB ~oo862 13.
23.) 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.
24.) Landfill Surcharge Fees. This Permit does not waive the City's right to
collect the 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 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.
25.) 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 or
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.
26.) 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 environment. 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 that (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
~,x~ ~oo862 14.
standards for 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 foregoing, 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 therefor.
Dated:
ATTEST:
THE CITY OF ELK RIVER:
Patrick D. Klaers
By:
Its: Mayor
ELK RIVER LANDFILL, INC.
By:
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of January,
1996, by Hank Duitsman, the Mayor of the City of Elk River, on b~'half of the City of Elk
River.
Notary Public
~xB ~oo862 15.
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ~ day of January,
1996, by Patrick D. Klaers, the City Administrator of the City of Elk River, on behalf of the
City of Elk River.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this
1996, by , the
Landfill, Inc., a Minnesota corporation, on behalf of the corporation.
day of January,
of Elk River
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY, RUMBLE & BUTLER (PKB)
PROFESSIONAL ASSOCIATION
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, Minnesota 55402
~x~ ~0o~2 16.
CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
Approved 1/16/96
THIS AGREEMENT, made and entered into this
day of
1996, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation
(hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota
corporation (hereinafter referred to as the Licensee).
WHEREAS, the Licensee made application to the City in 1988 for the issuance of a
solid waste facilities license, pursuant to Elk River Code of Ordinances § 604.26, for the
operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following real
properties described on Exhibit A attached hereto (hereinafter referred to as the Landf'dl
Property) situated in the City of Elk River, for which the City Council directed the issuance
of a conditional use permit contemporaneous with the issuance of a license; and
WHEREAS, the City Council directed the issuance of a solid waste facilities license
to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set
forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse
affects of the Landfill on the general welfare of persons and property within the City; and
WHEREAS, Licensee has applied for renewal of the Solid Waste Facility License
issued in 1988; and
WHEREAS, the City Council of the City of Elk River has held a hearing on the
proposed renewal of the Solid Waste Facility License, at which hearing all citizens of the
City of Elk River and other interested persons have had the opportunity to be heard.
NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts a
solid waste facilities license for the operation of a sanitary landfill and related activities on
the the Landfill Property subject to the terms, conditions and qualifications hereinafter stated,
to wit:
1.) Significant Persons. The person responsible for actual operation and
maintenance of Elk River Landfill, Inc., (ERL) to whom communications concerning this
License should be addressed is Victoria L. Kreger in her capacity as Site Manager of ERL,
whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota
corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330.
Sanifill, Inc. is a Texas corporation, whose address is 2777 Allen Parkway, Houston, Texas
77019. The following information shall be provided to the local fire and police departments
as well as the Sheriff:
Victoria Kreger, Site Manager
11661 225th Avenue NW
Elk River, MN 55330
Work: 441-2464, fax: 441-2025, home: 441-6090
Mobile: 840-5596, pager: 374-6741
Ron J. Mittelstaedt, Regional Vice President
Sanifill, Inc., Central Region
13420 Northwest Freeway, Suite 400
Houston, TX 77040
Work: (713) 462-2372, fax: (713) 462-4129, home: (713) 363-0583
Mobile: (713) 703-0193, pager: 1-800-504-6154
2.) Scope and Conduct of Landfill Operations. The operation of a solid waste
sanitary landf'fll may be conducted on the Landfill Property in conformance with existing
statutory and regulatory authority and requirements of the City, Sherburne County and the
Minnesota Pollution Control Agency and in accordance with authorization and limitations
contained in MPCA Solid Waste Permit No. 74, the current Sherburne County solid waste
landfill license issued to the Licensee, and this License and the conditional use permit issued
for the Landfill. Provided, however, that the Landfill shall be operated and developed
consistent with the following plans and reports which have been submitted to the City:
(01) "Cells 6, 10, 11 Revised Engineering and Operations Plan", March 1989
(02) "Corrective Action Investigation Revised Work Plan", December 1989 and
April 4, 1991 Addendum
(03) "Permit Application, Soil Storage Area", (revised) November 1990
(04) "Financial Assurance Report - 1990", November 1990
(05) "Landfill Gas Monitoring Plan, Phase 1 Report", December 1989 and
modifying submittal dated March 13, 1990
(06)
(07)
"Recycling Facility Design Report and Operations Manual", May 1990
"1990 Annual Report", January 1991
(08) "Report on Water Quality for 1990", January 1991
(09) "Final Cover Design", September 1991
(10) Solid Waste License Renewal Application submitted November 30, 1990 and
modifying submittal of April 14, 1991.
(11) Industrial Solid Waste Management Plan, Version D, August 1991 and further
conditioned upon submittal of annual reports describing the following:
(a) Monthly and Annual Waste Disposal Volume.
(b) Schedule of construction activities for the forthcoming year.
(c) Type, Quantity and Source of Material to be Disposed.
(d) Remaining permitted capacity.
(e) Updated contour map which indicates the elevations of all fill areas.
(f) Assessment of the Financial Assurances Plan.
(g)
Evaluation of the Water Monitoring System and a proposal for
continued sampling and analysis.
(h)
Detailed evaluation of all water quality results by means of tables and
graphs.
(i)
A groundwater contour map based on the previous years' groundwater
level data.
The above described reports and any proposed changes in the plans and reports shall
be reviewed and approved, approved with modification, or disapproved by the City.
The City may not .unreasonably disapprove or unreasonably require modification of
any report. The City may also make reasonable modifications to the conditions of the
License based upon a submittal from the Licensee. The City shall respond to
Licensee submittals on a timely basis, which shall be no later than formal MPCA time
lines for review and comment for concurrent submittals.
3.) Scope and Conduct of Related Operations.
(01) Recycling Center. The operation of a recycling center on the Landfill
Property may be conducted, if in conformance with all applicable terms and
conditions of this License, subject to the following conditions:
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 Licensee and approved by City staff. The recycling
center may accept additional materials, including household hazardous
PXB 100940 3.
wastes, provided that Licensee's plan for handling additional materials
and any changes to the recycling center shall first be approved in
writing by the City.
(c)
The recycling center shall be operated by Licensee. Operation of the
recycling center by a different operator shall require the prior written
approval of City staff. Any different operator of the recycling center
must comply with all of the terms and conditions of this License.
(d)
Licensee shall place appropriate signage on the Landfill Property to
direct citizens to the location of the recycling center.
(e)
Used oil recycling areas shall be within an enclosed building with an
impermeable floor and containment area, as approved by staff.
(f)
Battery storage shall be within an enclosed building with an
impermeable floor and containment area suitable for battery acid, as
approved by staff.
(g)
Battery, paper and oil storage areas Shall be separated to reduce fire
potential, as approved by the City Fire Chief.
(h)
Licensee shall have a regular schedule for appliance pick-up, to be
approved by City staff.
(02) .Yard Waste Compostin~. 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 License, subject to the following conditions:
(a)
The operation of the yard waste composting facility shall comply in all
respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state, and county laws and
regulations.
Co)
The yard waste composting facility shall be located and operated as
shown on plans submitted by Licensee and approved by City staff.
(c)
All plastics shall be removed from yard waste brought to the facility
before composting.
(d)
All municipal solid waste must be immediately removed from yard
waste and landfilled.
(e)
The yard waste composting facility must be operated in such a manner
as to keep odors to a minimum. If odor becomes a problem staff may
PXB 100940 4.
require more frequent turning of compost piles and/or watering to
ensure that the compost remains aerobic and breaks down as quickly as
possible.
(0
The maximum amount of yard waste which may be accepted is 100,000
cubic yards per year.
(g)
Positive drainage away from the compost area must be implemented, as
approved by City staff.
(h)
Yard waste and/or compost may not be used as daily cover for the
landfill.
(i)
That Licensee is in strict compliance with all other terms, conditions
and requirements of this License, including specifically, but not limited
to, the operational requirements, performance standards and
environmental monitoring requirements of sections 4, 6, 7, and 8; and
the requirement of sections 17 and 25 to make prompt payment of all
fees due to the City. No yard waste may be accepted at the yard waste
composting facility if this condition is not complied with. Licensee
must immediately stop accepting yard waste upon written notice from
the City that there is a violation of this condition.
(03) Demolition Debris. The operation of a demolition debris landfill on the
Landfill Property may be conducted, if in conformance with all applicable terms and
conditions of this License, subject to the following conditions:
(a)
The operation of the demolition debris landfill shall comply in all
respects with all applicable requirements of the City Code of
Ordinances and all applicable federal, state and county laws and
regulations.
(b)
The demolition debris landfill shall be located and operated as shown
on plans submitted by Licensee and approved by City staff.
(c)
Licensee shall provide an estimated development time line for the
demolition debris landfill, including an estimated closure timeline,
which shall be updated as appropriate.
(d)
Licensee shall pay the demolition debris surcharge authorized by Minn.
Stat. § 115A.921, Subd. 2. The 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
PXB 100940 5.
succeeding month. Failure to pay the surcharge fee when due shall be
cause for revocation of this License and shall be a violation of the
conditions and requirements of this License for the purposes of the
related operations authorized by Section 3 of this License.
(e)
That Licensee is in strict compliance with all other terms, conditions
and requirements of this License, including specifically, but not limited
to, the operational requirements, performance standards and
environmental monitoring requirements of sections 4, 6, 7, and 8; and
the requirements of sections 17 and 25 to make prompt payment of all
fees due to the City. No demolition debris may be accepted at the
demolition debris landfill if this condition is not complied with.
Licensee must immediately stop accepting demolition debris upon
written notice from the City that there is a violation of this condition.
(04) Other Related Operatiom. No other operations or activities, whether or not
related to the Landfill, shall be permitted or allowed on the Landfill Property unless
this License is first amended to specifically allow such operations and to specify the
applicable conditions except mining activities or other operations licensed or permitted
separately by the City.
4.) Specific Additional Operational Requirements.
(01) Leachate Transmission Pipes. The leachate transmission pipe shall be
redesigned for subsequent Landfill phases to include the use of secondary containment
capability. Licensee shall verify to the City every four (4) years that the existing pipe
does not leak.
(02) Backup Leachate Pumps. Licensee shall maintain backup pumps for use in the
event of pump failure at the wet well and leachate storage tank on-site, or shall
maintain provisions for restoring temporary leachate pumping within a 24-hour
period.
(03) Leachate Holding Tank. Licensee shall ensure that the leachate holding tank is
pumped out on a regular schedule. It shall be a violation of this License to allow
leachate to collect on the liner to a depth exceeding one foot due to the leachate
holding tank being full.
(04) .Gas Venting System. Initiate operation of the active landfill gas venting
system by March 1, 1996.
(05) Comprehensive Monitoring Plan. Submit a Comprehensive Monitoring Plan
which describes the sampling frequency, parameters, protocols and reporting
frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter,
residential wells, groundwater monitoring wells and surface water. The monitoring
PXB 1O0940 6.
plan shall yield adequate information for assessing the effectiveness of the landfill gas
control system in decreasing VOC contaminants in the groundwater. The plan shall
be submitted by February 1, 1996, and updated annually. The original plan and the
annual updates shall be approved by the City.
(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) VOC Remediation Feasibility Study. In accordance with MPCA
correspondence dated February 14, 1994 regarding the Corrective Action
Investigation Report, the Landfill will be allowed a three year timeframe in which to
demonstrate the effectiveness of landfill gas extraction system in reducing VOC
contaminants in the groundwater.
If, as of March 1, 1999, groundwater quality standards are exceeded at the facility's
compliance boundary and the concentration of VOCs do not show a decreasing trend,
the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility
Study shall be submitted to City staff by June 1, 1999.
(08) VOC Remedial Action. If necessary, the selected remedial measure for VOC
contaminants identified by the Feasibility Study must be constructed and operational
by March 1, 2001, unless good cause can be shown for a delay.
(09) .Heavy Metal Contaminant Monitoring and Assessment. Heavy metal
contaminants for surface water and groundwater must be addressed in addition to
VOC contaminants. Based on the need for additional monitoring in 1995 and 1996 to
confirm exceedances and identify trends, the Landfill shall conduct monitoring in
1995 and 1996 and prepare an evaluation report which shall be submitted with the
1996 MPCA Annual Report.
(10) Heavy 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 by May 1, 1997.
(11) .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 to by an engineer registered in
the State of Minnesota and shall include but not be limited to:
(a) All relevant construction specifications;
PXB 100940 7.
(b) All shop drawings for prefabricated components;
(c) Photo documentation of all critical aspects of construction;
(d) Deflection testing results for leachate collection and transmission pipes;
(e)
Narrative description of all as-built variances from the plans and/or
specifications;
(f) As-built cross-sections of the liner subgrade;
(g)
As-built elevations for all pipe inlets and outlets and pump-on/pump-off
controls;
(h) Completed manufacturer warranties;
(i) All physical testing results
(13) Licensee shall notify the City at least two (2) days in advance of liner barrier
layer installation or final cover barrier layer installation. Licensee shall assist the
City in arranging inspection of the site at any reasonable time the City requests. The
Licensee shall keep the City informed of ongoing construction progress and shall
specifically notify the City of significant changes encountered in the geological,
hydrological, or construction conditions. The City may reasonably require work
which is covered or otherwise obscured prior to City inspection, to be re-excavated
for City inspection.
(14) Temporary Fencing - On-Site Litter Control. Litter control fences shall be
placed around the working area(s) of the landfill to prevent the blowing of paper or
other litter on or off site. The Licensee shall assign employees to engage in a regular
and routine program to inspect the Landfill Site and clean up areas where litter
accumulates on the Landfill Site.
(15) Permanent Fencing. The Licensee shall install a minimum six-foot high fence
around the perimeter of the site if and when necessary based upon reasonable
concerns regarding public safety or trespassing or uncontrolled dumping.
(16) ..Public Information. The Licensee 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.
(17) .Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided
for site personnel.
PXB 100940 8.
(18) Electrical Service. Adequate electrical service shall be provided at the site for
operations and repairs.
(19) ~. 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 for the City Fire Department shall be available for
use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee
shall make a landfill operator available at the request of the City Fire Chief to consult
and advise the fire department about landfill fire fighting issues.
(20) 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.
(21) .,Water. A potable water supply shall be available for site personnel.
(22) 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.
(23) 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.
(24) Communication. Adequate communication facilities shall be provided for
emergency purposes.
(25) ..Security. A gate shall be provided at the entrance to the site and kept locked
when an attendant is not on duty.
(26) ..Haul Roads. An all-weather haul road shall be provided to the unloading area
and watered on a regular basis. The Landfill shall pave the access roads from T.H.
169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce
dust generation.
(27) 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.
(28) Information Display. Subject to approval by the City Council, the Licensee
shall erect and 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,
PXB 100940 9.
prices for use of the facility, the Minnesota Pollution Control Agency permit number
and the penalty for nonconforming dumping.
(29) .Screening. Visual screening of the Sanitary Landfill site, as required by the
Conditional Use Permit for the Landfill Property and as approved by the City
Council, shall be provided by the use of buffer zones, natural objects, trees, plants,
seeded soil berms, fences, and other suitable means.
(30) Small-Load Dumping Sim. The Licensee shall, during all hours of operation,
maintain and operate a separate suitable and safe disposal area for the dumping of
small loads by pickup trucks, cars, and trailers from May 1 to October 31 each year.
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.
5.) ...Off-Site Litter Control. The Licensee shall engage in a regular and routine
litter maintenance and removal program extending one-half mile north and south of the
entrance to the Landfill and to any other 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, Licensee
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 Licensee fails to remove litter within forty-eight (48) hours of notice
of accumulation of litter by the City, the City may cause such litter to be removed. The City
shall bill the cost of such removal to the Licensee, which shall remit payment within thirty
(30) days of the date of such billing.
6 General Performance Standards. The Licensee shall comply with the
following performance standards and operating requirements:
(01) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of in
the Landfill.
(02) Dangerous Wastes. No Dangerous Wastes (as defined in the Code of
Ordinances for the City of Elk River) shall be disposed at the Landfill until a request
to dispose of dangerous wastes has been submitted to the City as required by Chapter
604 of the City Code of Ordinances. The City shall respond to requests for
permission to dispose dangerous wastes within fifteen (15) days from receipt of the
request as appropriate. If a request to dispose of dangerous wastes is rejected by the
City Building and Zoning Administrator, or the City's authorized consultant/agent, the
dangerous wastes may not be disposed at the Landfill. Licensee may propose advance
approval of proposed disposal of dangerous wastes by submitting to the City, for each
waste, a statement identifying the waste type, generator name and address, volume.
method of chemical analysis, chemical constituents, and disposal procedures
~B ~oo94o 10.
proposed. This statement, and all requests to dispose of dangerous wastes, shall be
submitted in the form required by the City.
The City may deny permission to dispose of Dangerous Wastes at the Landfill for one
or more of the following reasons:
(a)
In the City's sole discretion, it would not be in the best interests of the
public health, safety or general welfare of the citizens of Elk River to
allow disposal of said wastes;
(b)
In the City's sole discretion, disposal of said wastes would pose a threat
to the environment.
(c)
Licensee and/or the operation of the Landfill is currently in violation of
any of the terms, conditions, or requirements of this License including
specifically, but not limited to, the operational requirements,
performance standards and environmental monitoring requirements of
Sections 4, 6, 7 and 8; and the requirements in Sections 17 and 25, to
make prompt payment of all fees due the City.
Licensee's "Industrial Solid Waste Management Plan, Version E', May 1994,
shall be complied with in all respects, subject to the specific requirements of this
License, and may not be modified or amended without the City's prior written
approval.
(03) Jncorporation of State .Standard~. The Landfill shall comply with the required
practices for maintenance and operation of landfills set forth in Minnesota Rules Parts
7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and 7035.0300 to 7035.2875.
(04) ..Compliance With Zoning Ordinance Performance Standards. The operation of
the Landfill shall fully comply with the performance standards and other requirements
of Chapter IX of the Elk River City Code, including specifically Section 900.28
thereof relating to performance standards for industrial uses.
(05) Supervision. An attendant shall be on duty at the site at all times while it is
open for public use. Unloading of refuse shall be continuously supervised at the
working face of the landfill.
(06) Operating Records. Accurate records of daily waste disposal operations shall
be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded on a
daily basis, in a manner acceptable to the City, and reported to the City on a monthly
basis along with payment of the Landfill Surcharge Fee required by Section 25 of this
License. The volume and location of the disposal of Dangerous Wastes shall be
recorded the day such disposal takes place and shall include the amount and type of
waste disposed of, and the name and address of the source of the waste. Waste
~B x00940 11.
disposal records shall be available during normal business hours, for review and
inspection by the City.
(07) Recording. A detailed description of the location of the completed Sanitary
Landfill site shall be recorded with the County Register of Deeds within four months
after approval of the closure of the landfill. This description shall include the general
type and location of deposited Solid Waste, the location of phased or staged disposal
of wastes, the type and number of lifts, original and final terrain descriptions, site
hydrogeologic conditions, and other pertinent characteristics of the completed sanitary
landfill site.
(08) Education Program. The Licensee shall:
(a)
Make available to all landfill users, including haulers and their
customers, information which describes in common terms what is
permissible and impermissible to dispose at the landfill.
(b)
Continue to conduct an employee training program designed to assist
employees in identifying impermissible waste materials and to prevent
their disposal at the landfill. The training program shall be reviewed
with City staff and recommendations to improve the program shall be
incorporated to the extent feasible.
(09) .Hours of Operation. The landfill shall not be operated between 7:00 p.m. and
6:00 a.m.
7.) .Site Environmental Monitoring.
(01) .On-site Groundwater. The Licensee shall perform on-site water quality testing
at the monitoring wells in the manner required by the PCA 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 PCA.
(02) .Surface Water Quality. The Licensee shall have surface water quality tests
performed in conjunction with sampling quarterly events when water is present.
(03) Off-Site Groundwater Quality. The Licensee shall annually sample the
individual private wells identified in the Comprehensive Monitoring 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 6 may be
modified by City staff if City staff reasonably determines there exists a need for
~'xB ~oo940 12.
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.) Hydrogeoiogic 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. Licensee shall notify City at least two
(2) days in advance of any soil boring or well construction required by this License.
9.) Dust, Noise, and Odor. Fugitive dust emissions off-site shall be controlled at
the Landfill Site as necessary by undertaking the following: road surfaces within the Landfill
Site shall be wetted with water or an appropriate chemical whenever off-site dust levels
become unreasonable as determined by the City Zoning Administrator. Dust pollutives shall
be utilized to the extent necessary on cover material such as stock piles 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.
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 may not be exceeded by the Landfill operation, equipment, vehicles, or machinery.
The Licensee shall take reasonable actions to control odors from the Landfill Site.
10.) ..Closure. Within six (6) months of a written demand by the City, and in no
event later than one (1) year prior to the date projected for cessation of waste disposal, the
Licensee shall submit to the City for approval an updated closure and post-closure plan for
the Landfill Site.
11.) Insurance. The Licensee shall secure and maintain insurance from an
insurance company acceptable to the City and authorized to write casualty insurance in the
State of Minnesota which will protect the Licensee, its agents and employees, and the City
from claims for bodily injury, death, or property damage which may arise from the
operations on the Landfill Site. The Licensee shall file a certificate of insurance or a
certified copy of the insurance policy with the City. Such insurance policy shall contain a
clause providing that it shall not be cancelled by the insurance company without thirty (30)
days' written notice to the City of intention to cancel. The following coverages shall be
provided in amounts not less than those specified:
(01) Public liability, general liability, loading and unloading, [completed
operations, explosion, collapse, underground operations], personal injury, and
property damage with the following minimum limits:
PXU ~oo94o 13.
(a) Two Hundred Thousand Dollars ($200,000) per claimant.
(b) Six Hundred Thousand Dollars ($600,000) per occurrence.
(C) Six Hundred Thousand Dollars ($600,000) annual aggregate.
(02) Automobile and truck public liability, personal injury, and property damage,
including owned and non-owned vehicles with a Five Hundred Thousand Dollars
($500,000) minimum limit.
(03) The City may require additional insurance be provided by Licensee if market
conditions change such that additional coverages 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: and reasonably and "economically available" shall be
determined by the insurance coverages affected by the Minnesota Joint Underwriters
Association or the readily available private insurance market.
12.) Bonding.
(01) The Licensee shall furnish a surety bond in the amount of Three Hundred
Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all
landfill operations and closure activities are completed to ensure compliance with the
terms and conditions of this License. Such bond shall be made by an insurance
company or other financial institution acceptable to the City and shall be in a form
acceptable to the City and its attorney. The bond shall be subject to cancellation by
the obligor by giving one hundred twenty (120) days' prior written notice to the City.
The Licensee shall renew each such bond no more than sixty (60) days after any such
written notice, and failure to so renew the bond shall be an event of default of the
obligations of the Licensee and shall constitute ground for immediate and automatic
revocation of this License. Said bond shall provide that if the Licensee refuses to
obey any of the requirements or to any of the acts required by this License or for any
reason ceases to operate or abandons the landfill, and the City is required to expend
monies or labor or material to restore, repair, or clean up the Landfill Site to the
condition and requirements required by law, the obligor shall reimburse the City for
any and all expenses incurred to remedy the failure of the Licensee to comply with
this License, and the obligor shall indemnify and save the City harmless from all
losses, costs, and charges that may occur to the City because of any default by the
Licensee. The bond may be in a form exercisable by both the City and the County
provided that such exercise feature allows its use on instruction by either or both the
City or County.
(02) In the event this, or any subsequent license is revoked or the Licensee closes
operation of the landfill for any reason, including but without limitation, order of the
vxB ~0o94o 14.
court or other agency of competent jurisdiction, bankruptcy, insolvency, or
abandonment, the Licensee shall immediately proceed to close, cover, and grade the
Landfill Site according to an environmentally sound closure plan which shall be
approved by the City and which shall comply with all requirements of the MPCA and
Sherburne County relating to final closure. In the event the Licensee fails to comply
with the terms of this subparagraph (02), the City may, upon ninety (90) days' prior
notice to the Licensee, enter onto the property and perform all such obligations, the
costs of which shall be borne by the Licensee, or, in default thereof, by its surety.
(03) In lieu of the bond required in this section, Licensee shall fund an interest
bearing escrow account at the City. Licensee shall deposit an initial sum of
$17,325.19 and thereafter $. 10 shall be deposited monthly into this account for each
cubic yard of mixed municipal solid waste disposed of at the Landfill until the escrow
account (including interest) has reached a total of $250,000. Interest shall then
continue to accrue and remain in the escrow account until the escrow account reaches
the total amount of $400,000. Interest earned thereafter shall be deposited in the
City's general fund. Disbursements from this escrow account shall be made only for
the purposes described in part (01) herein until the completion of all closure and
post-closure monitoring activities at the Landfill Property to the satisfaction of the
City, at which time any account balance shall be disbursed to Licensee.
13.)
Property.
Applicability of License. This License shall apply to the entire Landfill
14.) License Period. This renewed License shall be in force and effect until
January 31, 2000.
15.) .Violation of Conditions. If the Licensee or its successors or assigns violate
any term or condition imposed by this License, this License may be revoked and terminated.
Without limiting the foregoing, the violation of any statute, regulation, ordinance, or license
condition imposed by lawful governmental authority and governing operations on the Landfill
Property is ground for revocation and termination of this License. The change, alteration, or
amendment of any such statute, regulation, ordinance, or license condition by any
governmental authority other than the City shall not excuse the Licensee from compliance
with statutes, regulations, ordinances, or permit or license conditions in effect on the date of
the original issuance of this License unless compliance is waived or excused by the City
Council. The City shall not unreasonably refuse to waive or excuse compliance with existing
permit or license conditions.
16.) Documents, Reports, and Maps. Copies of all documents, reports, and maps
which are required to be supplied to the PCA or to Sherburne County shall also be supplied
to the City, at the same time.
PXB 100940 15.
17.) Charges and Fees. The Licensee agrees to pay to the City upon the renewal
of this License, $2,000. Thereafter, the Licensee shall pay the City an annual license fee of
$2,000.
18.) On-Site Inspection. The City may inspect the Landfill and the Landfill
Property for the purposes of examining and copying nonconfidential records; conducting
inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary
information pertaining to the construction, operation, and environmental effect of the disposal
facility, control equipment, and control materials. Inspections shall be conducted during
normal business hours except in the event of an emergency. City personnel or agents
performing the inspection will notify personnel at the landfill office at the time of inspection.
In case of emergency, the City will call Victoria Kreger to gain entry and provide notice of
the situation. Licensee shall promptly notify the City of any substitutions of persons to be so
notified. The City shall be notified by the Licensee immediately upon the occurrence of any
explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of
hazardous or dangerous materials, as defined in the City of Elk River Solid Waste
Ordinance, at the Landfill; and of any violations of the conditions of this License. The
specific requirements for how, when and who to notify at the City shall be set forth in a
separate letter from City staff to Licensee. This letter may be revised or supplemented by
City staff from time to time as necessary to address the City's needs for notification.
19.) Indemnity. The Licensee shall indemnify, defend, and hold the City harmless
from all claims, demands, and/or actions legal and/or equitable arising from the operations
on the Landfill Property.
20.) Workers' Compensation. The Licensee shall carry in a company authorized to
transact business in the State of Minnesota a policy of insurance fulfilling all requirements of
the Worker's Compensation Act, including all legal requirements for occupational diseases,
or self-insure for the above.
21.) Split Samples. The Licensee shall notify the City forty-eight (48) hours before
any sampling of groundwater or surface water and allow the City at its expense to obtain
split samples of such waters.
22.) Right to Require Performance. The failure of the City, at any time, to require
performance by the Licensee of any provisions hereof shall in no way affect the right of the
City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of
the provisions hereof be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
23.) Severability. If any provision of this License shall be declared void or
unenforceable, the other provisions shall not be affected, but shall remain in full force and
effect.
24.) Amendment. This License shall not be considered modified, altered, changed,
or amended in any respect unless approved by the City Council as required by City
Ordinance.
25.) Landfill Surcharge Fees. This License does not waive the City's right to
collect the 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 fee
when due shall be cause for revocation of this License and shall be a violation of the
conditions and requirements of this License for the purposes of the related operations
authorized by Section 3 of this License.
26.) Conflicts. In any cases in which the Licensee believes there is an
irreconcilable conflict between the requirements of this License and Laws, Rules,
Regulations, or Order of any other governmental authority, the Licensee shall promptly
notify the City of such irreconcilable conflict and request an amendment of this License.
Until such time as the City acts upon a request for an amendment to this License, which it
may grant or deny in its sole discretion, the terms of this License shall govern all operations
at the Landfill Site and shall prevail over the provisions of any document submitted by the
Licensee and any requirements of state or federal law. The City shall not unreasonably
refuse to amend this License or waive compliance with this License in order to prevent
violation of law.
27.) Modification, Suspension, or Revocation of License. The violation of any of
the terms of this License is grounds for suspension or revocation hereof. Furthermore, the
City specifically reserves the right, and the Licensee agrees that this License may be
amended, suspended, or revoked by the City as reasonably required to protect the public
health, safety, and welfare. Specifically, but without limiting the foregoing, the City may
amend, suspend, or revoke this License, whenever any reliable information is secured from a
recognized source which demonstrates that the continued operation of the landfill places the
public health, safety, or welfare, in jeopardy. Such information includes, but is not limited
to the following:
(01) A determination that (other than as indicated in the license application)
leachate generated at the Landfill Site is migrating to surface or ground waters in a
way that threatens the public health, safety, or general welfare.
(02) A determination that (other than as indicated in the license application)
standards for drinking water (whether promulgated as of the date of this License 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 toxic wastes, hazardous wastes,
rxB ~oo9,,o 17.
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 the Landfill Site is creating
or threatens to create a safety hazard to the community.
Without limiting the foregoing, the City reserves the right to amend this License to impose
upon the Licensee the obligation to comply with any state or federal law or regulation
relating to the operation of sanitary landfills, whether or not said laws or regulations apply
by their terms to preexisting landfills. Suspension, revocation, or amendment of this License
may be ordered only after a public hearing on such suspension, revocation, or amendment
preceded by thirty (30) days' written notice to the Licensee or at the time of consideration of
renewal of this License. Notice of hearing shall include a statement of the proposed action
by the City and the reasons therefor.
ATTEST:
THE CITY OF ELK RIVER:
Patrick D. Klaers
By:
Its: Mayor
ELK RIVER LANDFILL, INC.
By:
Its:
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY, RUMBLE & BUTLER (PKB)
PROFESSIONAL ASSOCIATION
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
~xs ,oo~o 18.