5.1. PCSR 11-10-2008J~
City of
Elk -..-.
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Planning November 12, 2008 Rebecca Haug,
Environmental Admin
Item Description Reviewed by
Request by Resource Recovery Technologies, LLC to amend Jeremy Barnhart, Planning
Conditional Use Permit and License Mana er
MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of
September 15, 2008. The City must approve, approve with conditions, or deny the project by
anua 14, 2009. The Ci has extended the timeline as of 10/9/08.
GENERAL INFORMATION:
A licant: Resource Recove Technolo ~es, LLC
Requested Action Amend Conditional Use Permit and License
Location and Size: 10700165 St NW
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in
Question Solid Waste Facility Light Industrial I1 (SWF)
North Agriculture Highway Business/Ag Research I1
South Agriculture Highway Business C3
East Agriculture Ag Research AR
West Highway Business Highway Business I1
Introduction
In the late 1980's when the City originally permitted Resource Recovery Technologies, LLC (RRT)
to process refuse derived fuel, a solid waste facility license requirement was adopted to be renewed
and reviewed on a routine schedule. The City has always reviewed the CUP at the same time. The
Case File: CU 08-22
Page 2
RRT CUP
Cin~ of Elk River
reason for both being renewed at the same time is modifications to the language are typically
proposed. This renewal process is scheduled for every four years.
Attachments
• a vicinity map
• Site Map
• The current CUP and SWFL for the facility
Action Requested
There will be two actions with this item.
1. Approve the Solid Waste Facility License
2. Conditional Use Permit
These are both subject to the proposed language changes which either have a strikethrough or are
highlighted in the attached CUP and license. These changes can be considered housekeeping.
Applicable Regulations
Standards for Issuance of a Conditional/ Interim Use Permit (Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. 1-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
~y.
2. 1-Ylill be consistent nrith the comprehensive plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacant property.
4. bill be served adequately by and unll not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and server systems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
S. bill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. 1Ylill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. i-Vill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
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Case File: CU 08-22
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RRT CUP
City of Elk River
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards fox CUP as outlined, it appears that the operation is consistent with
all of these standards.
Analysis
The proposed changes to RRT's license and CUP support continuing the operation at this site as
RRT has demonstrated that they can meet all the standards for a CUP. The City has not received
complaints about this operation. The changes are underlined and highlighted within the documents
and can be found as follows:
CUP
• #11, 8`'' line down -week changed to month
• #17, Notices were changed to reflect the current people
• #18, Changed to 2009 vs 2008
License
• #27, Notices were changed to reflect the current people
Comprehensive Plan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
Recommendation
Staff supports a recommendation to approve the renewal of RRT's Solid Waste Facility License.
Staff supports a recommendation to approve the amendment to RRT's Conditional Use Permit.
Planning Commission Action Morton by Second by vote
Follow Up
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AMENDED CONDITIONAL USE PERMIT NO. 86-01
For
Resource Recovery Technologies, LLC (RRT)
Refuse Derived Fuel Resource Recovery Facility
This Amended Conditional Use Permit No. 86-01 was approved by the City
Council of the City of Elk River on December 1, 1986, and amended by the City of Elk
River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996,
December 20, 1999, February 9, 2004, November 22, 2005, and ~~~X subject to the
following terms:
This Conditional Use Permit No. 86-01 (the Permit) is for the construction
and operation, on property legally described as follows:
The Southwest one-quarter of the Southeast one-quarter (S W '/4 of the SE '/4)
of Section 11, Township 32, Range 26, Sherburne County, Minnesota,
according to the Government Land Survey, except the South 468 feet of the
West 495 thereof, subject to highway easement of record (the Site),
of the Anoka County Refuse Derived Fuel Resource Recovery Facility as
described in the Draft and Final Environmental Impact Statements for The
Facility dated April 1986 and July 1986; and as described in the Combined
Air and Solid Waste Permit No. 14100003-003 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 the Permittee to
Mayor Richard Hinkle dated October 13, 1986, and as further described in
Permittee's November 28, 1989, application for renewal of conditional us
permit and Permittee's correspondence of Apri12, 1990, April 17, 1990, July
2, 1990, August 3, 1990, and September 6, 1990, to the City; in Permittee's
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November 20, 1991, application for renewal of the Conditional Use Permit; in
Permitee's February 1, 1993, application for renewal of the Conditional Use
Permit; in Permitee's November 8, 1995, application for renewal of the
Conditional Use Permit; in Permitee's November 2, 1999; and in Permittee's
December 22, 2004, application for renewal of the Conditional Use Permit; all
of which have been provided to the City by the Permittee in support of the
application for this Amended Conditional Use Permit and collectively
describe the Facility authorized by the Permit. The Facility consists of three
(3) integrated components located in the City: (1) A facility for receiving
municipal solid waste and processing it into refuse-derived fuel (Processing
Facility); (2) A facility for the incineration of refuse derived fuel (burn
facility); and (3) The movement of vehicles transporting municipal solid waste
(MSW), refuse-derived fuel (RDF), rejected municipal solid waste (Rejects),
and incinerated RDF ash. So long as RDF is incinerated in the City, the
conditions of this Permit which relate to the Burn Facility and Residue shall
be in full force and effect. 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 the Permit and all
such documents are considered to be and are hereby made a part of the Permit.
2. Any new building plans and specifications must be approved by the City
Building Inspector and Fire Chief.
3. Approval of driveway entrances, if needed, on State and County highways
shall be secured from the appropriate agencies and filed with the City
Environmental Administrator prior to issuance of any building permit. Street
lighting and acceleration and deceleration lanes for Highway 10 at the
intersection of 165t" Avenue and Highway 10 shall be installed by City to
provide safe access to Highway 10 for trucks entering and leaving the Facility.
Failure by Permittee to reimburse the City for the installation of said
improvements within thirty (30) days of receiving an invoice for all or any
part of said improvements shall be cause for revocation of this Permit.
4. The City shall have the right of access to all areas of the Processing Facility
and site for the purpose of inspection to ensure compliance with all of the
terms and conditions of this permit and the Solid Waste Facility License for
the Facility. The City need not give prior notice to the Permittee for personnel
to access the Processing Facility or site during waste receiving, Monday
through Saturday, or if an explosion or other 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 reasonable safety standards and reasonable
proprietary information requirements.
Inspectors shall have the right of access to all areas of the Facility, twenty-
four (24) hours a day, for the purposes of inspection. to ensure compliance
with all of the terms and conditions of this Conditional Use Permit, the license
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for the Facility, and Chapter 58, Article III of the City Code. The on-site City
inspector shall have the right, at any time, to take one or more of the following
actions:
A. Order a load of MSW inspected, pursuant to the procedures set forth in the
license for the Facility;
B. Order the Facility shut down if necessary to bring it into compliance with
any other term or condition of this Conditional Use Permit, the license for
the Facility, or Chapter 58, Article III of the City Code.
5. All employee or visitor motor vehicles associated with Facility operation
shall be parked on Facility property, and not on adjacent lands not owned by
Permittee or adjacent streets. Adequate facilities must be provided to ensure
that no vehicle desiring entry into the Processing Facility during permitted
receiving hours will have to wait outside the perimeter of the Processing
Facility site.
6. The City shall be notified by the Permittee immediately upon the occurrence
of any explosion, fire, or other emergency at the Facility; upon the discovery,
release or spill of hazardous or dangerous materials, as defined in the City of
Elk River Solid Waste Ordinance, at the Facility; and of any violations of the
conditions of the Permit, Air Emission Facility Permit No. 1410000-003 or
Permit for a Waste Processing Facility and System, No. SW-305. 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.
7. All MSW, RDF, Reject or Residue-hauling truck traffic entering or exiting the
Processing Facility or the Burn Facility shall use only those highways and
streets as allowed in writing by the City Council, avoiding the use of Main
Street and residential streets, if at all possible. Truck traffic originating in the
City may use other public streets.
The Facility may operate twenty-four (24) hours a day. However, the City
reserves the right to restrict the hours of operation of the Facility to normal
business hours if noise emanating from the Facility to surrounding residential
properties is unacceptable. Receiving and transporting MSW and rejects at
the Processing Facility may take place twenty-four (24) hours a day, Monday
through Saturday. However, the City reserves the right to restrict further the
hours of receiving and transporting MSW at the processing facility if
necessary to protect the public health, safety, and welfare. RDF may be
transported twenty-four (24) hours a day. At the Processing Facility, all truck
and Processing Facility wash water shall be diverted and captured in a
retention tank so that it does not enter the groundwater system.
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9. The processing Facility shall be enclosed by a minimum six-foot and no more
that eight-foot high chain link fence.
10. Testing as requested by State agencies of storm water run-off captured in the
on-site retention/detention pond. Permittee shall provide City evidence of
storm water NPDES permit coverage for industrial activities and a copy of the
permittee's Storm Water Pollution Prevention Plan.
11. The Permittee shall engage in a regular and routine litter maintenance and
removal program extending (a) one-half mile east of the Processing Facility
entrance on 165th Avenue Northwest, (b) southeast on Highway 10 from the
intersection of 165th Avenue Northwest with Highway 10 to the eastern city
limits, (c) northwest on Highway 10 from said intersection to the intersection
of Highway 10 and Highway 169, and (d) any other areas adversely impacted
by debris related to Facility operations as may be determined by the City.
Litter shall be removed from these areas no less than once per month, and
more often if necessary because of spills or complaints from neighboring
property owners, to ensure that these areas are kept free of litter generated by
truck traffic traveling to and from the Facility. In addition, Permittee shall
inspect all trucks leaving the plant 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.
12. No exterior storage of MSW, RDF, Rejects or Residue shall be allowed,
except in enclosed trailers or trucks.
13. The Permittee represents and warrants to the City that the Facility shall at all
times comply with all applicable city, county, state, acid federal laws and
regulations, including without limitation, environmental laws and regulations.
14. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF
process Rejects and RDF Residues, shall be disposed of in strict compliance
with the requirements of Chapter 58, Article III of the City Code and Chapter
7035 of Minnesota Rules.
15. Responsibility for Costs:
A. The Permittee shall pay all direct costs incurred by it or the City in
conjunction with the application for this Permit and development 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 of the Facility, except those
costs and expenses normally covered by the building permit fee.
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B. 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 any 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
questions 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 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 or any variance associated with the
height of the proposed Processing Facility and the inability of the City to
properly respond to fire calls at the Processing Facility due to the
limitations of its equipment or personnel, but shall not include willful and
unjustified failure to respond to fire calls at the Processing Facility. The
indemnities provided in the 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.
C. The Permittee waives and releases the City from all claims, direct or
indirect, arising or claimed to have arisen out of all actions or inactions
relating to the City's consideration or issuance of the Permit.
D. The Permittee shall reimburse the City for all costs incurred in
enforcement of this Permit, including consultant and attorneys' fees.
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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 Conditional Use Permit or the License for the Facility,
shall be cause for revocation of this Permit.
16. Miscellaneous:
A. This Permit and its conditions shall be binding upon each of the
Permittees, jointly and severally, referred to collectively in this Permit in
the singular as Permittee, and the successors and assigns of any one of
them. The assignment by any Permittee of its interest in the Facility shall
not relieve it of responsibility and liability under this Permit without the
written consent of the City, which consent shall not be unreasonably
withheld.
B. Violation of the terms of this Permit or of MPCA Permit No. SW-305 or
Air Emission Facility Permit No. 14100003-003 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 judicial
order. A revocation or suspension of this Permit shall be only as to the
violating component of the Facility, not as to the components not in
violation.
C. If any portion, section subsection, sentence, clause, paragraph, or phrase
of this Permit is for any reason held invalid, such decision shall not affect
the validity of the remaining portions of the Permit.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Permit. To be binding, amendments
or waivers shall be in writing, signed by the Permittee, and approved by
written resolution of the City Council. The City's failure to promptly take
legal action to enforce this Permit shall not be a waiver or release.
17. 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 addresses:
RRT Resource Recovery Facility
ATTN: Plant Lead
10700 165th Avenue N.W.
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Elk River MN 55330
RRT
ATTN: Kim Erickson, President
8585 W 78~' St ,Suite 150
Bloomington, MN 55438
GRE
ATTN: Manager, Elk River Station
17845 U.S. Highway 10
Elk River MN 55330-0800
Notice to the City shall be in writing, and shall be either hand delivered to the
Environmental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address:
City of Elk River
13065 Orono Parkway NW
Elk River MN 55330
ATTN: Environmental Administrator
18. Review: The terms and conditions of this Permit and compliance by the
Permittee shall be subject to review by the City prior to January 31, 2009.
The City reserves the right to revoke, amend, or impose additional conditions
on the Facility or the Permittee at such time taking into account the
advancement of scientific knowledge relative to the health effects of the
Facility, the Permittee's degree of compliance with current Permit conditions,
and the criteria and standards of the City Code and Minnesota law.
The undersigned, on behalf of the respective Permittees, jointly and severally,
represent and bind their respective Permittees to the terms of this Permit, having fully
examined this Permit and all materials referred to herein and agree to all the
conditions set forth. Each person signing below on behalf of a Permittee does so
upon the authority is attached hereto.
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PERMITTEE: RRT
Dated: By:
Its:
STATE OF MINNESOTA
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
corporation.
2008, by ,the
of RRT, a Minnesota corporation, on behalf of the
Notary Public
Drafted by: Environmental Department
City of Elk River
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CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
Resource Recovery Technologies, LLC (RRT)
WASTE PROCESSING FACILITY
This Solid Waste Facility License (the License) is hereby issued by the City of
Elk River (the City), pursuant to Chapter 58, Article III (the Solid Waste Facilities
Ordinance) of the City of Elk River Code of Ordinances (the City Code) to RRT
(Licensee) for the establishment and operation of a Waste Processing Facility (the
Facility) upon the property legally described as:
The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SEl/4) of
Section 11, Township 32, Range 26, according to Government Land Survey, except the
South 468 feet of the West 495 feet thereof, subject to highway easement of record (the
Site).
I. This License authorizes the establishment and operation of a Waste
Processing Facility of municipal solid waste (MSW) into refuse derived fuel
(RDF), as described in:
1. Licensee's "Application for a Solid Waste Facility License to Permit the
Operation of a Waste Processing Facility" and Licensee's November 28,
1989 application for renewal of the License for the Facility and
supplemental correspondence from Licensee to the City dated April 2,
1990, April 17, 1990, July 2, 1990, August 3, 1990 and September 6, 1990;
Licensee's November 20, 1991, application for renewal of the License;
Licensee's February 1, 1993, application for renewal of the License;
Licensee's November 8, 1995, application for renewal of the License;
Licensee's November 2, 1999, application for renewal of the license;
Licensee's December 22, 2003, application for renewal of the license; and
Licensee's October 12, 2005, application for renewal of the license and
Licensee's ~~XX, application for renewal of the license
2. The Draft and Final Environmental Impact Statements for the Anoka
County Refuse Derived Fuel Resource Recovery Facility, dated April 1986,
and July 1986;
3. The Combined Air and Solid Waste Permit No. 14100003-003 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
1
MPCA Permit), issued by the Minnesota Pollution Control Agency
(MPCA).
II. This License is issued subject to the requirements and conditions set forth
below in Section III, which are imposed for the purposes o£
1. Satisfying the standards set forth in the Elk River City Code of Ordinances,
including Chapter 58, Article III and Chapter 30 thereof;
2. Promoting compatibility with and minimizing any potential adverse effects
upon properties and neighborhoods adjacent to the Facility or within the
City;
3. Protecting the public health, safety, and general welfare;
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
III. Requirements and Conditions:
1. Incorporation of Plans and Application Materials. Construction and
operation of the Facility shall be in accordance with the plans and other
materials submitted by Licensee to the City and the MPCA, including those
identified above in Section I of this License, all of which are hereby made a
part of this License. Construction or operation in violation of any of the
material statements of fact, factual information, or representations made by
the Licensee to the City or MPCA shall be deemed to be a violation of this
License.
2. MPCA Permit. The terms and conditions of the MPCA Permit are
specifically incorporated into this License and the Licensee shall comply
with all such terms and conditions including, without limitation, the
"Operating Conditions," "Special Operating Requirements," and "General
Conditions: of the MPCA Permit and that portion of the MPCA Permit
denoted "Permit No. SW-305." Any violation of the MPCA Permit 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, and shall advise the City as to what steps will be
taken to correct said violations.
3. Amendments to MPCA Permit. No amendment or change to any term,
condition, or requirement of the MPCA Permit shall be incorporated into
2
the License or become 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.
4. Reporting Requirements. Copies of all plans, studies, reports, and other
materials required to be submitted to the MPCA by Licensee shall be filed
with the City, unless the City Environmental Administrator or his
designated representative specifically notifies Licensee in writing that
copies of specific documents will not be necessary. Materials, which must
be provided unless declined, include, with limitation, all plans and
specifications; Operations Reports; residue management plans; annual
residue reports; contingency disposal plans; and waste composition studies.
5. Solid Waste Facilities Ordinance. The Facility and Licensee must at all
times fully comply with the requirements of Chapter 58, Article III of the
City Code, including specifically Sections 58-213 and 58-214. 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 isolation
and shall advise the City as to what steps will be taken to correct said
violations.
6. 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 Land
Development Regulations Ordinance, including the performance standards
set forth in Division 5, Subdivision V thereof. Any violation of the CUP or
the Zoning Ordinance will constitute a violation of the terms of 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.
7. .Hazardous and Dangerous Wastes. There shall be no processing of
hazardous or dangerous waste at the Facility. Temporary storage of
Hazardous and Dangerous Wastes shall be allowed as provided by Chapter
58, Article III of the City Code. Licensee shall notify the City
immediately upon the discovery, release, or spill of any hazardous or
dangerous waste at the Facility and shall advise the City what steps will be
taken to contain and clean-up any release or spill of such waste. The
specific requirements of how, when and how to notify at the City will be
set forth in a separate letter from City staff to Licensee, as provided in the
CUP. Licensee shall develop a plan for identifying hazardous and
dangerous wastes and the generators of such waste. This plan shall
include, at a minimum, the following elements:
3
A) Licensee shall thoroughly inspect a minimum of three (3)
MSW loads per week (average) selected on a random basis.
This inspection shall include opening and inspecting every
garbage bag in each load and all other containers.
B) Licensee shall submit to the City a quarterly report
containing, at the minimum, the following information of
each load inspected:
(i) The hauler and truck number of the load;
(ii) Any hazardous or dangerous waste found in the load
(iii) Licensee's efforts to identify the generator of any
hazardous or dangerous waste found in the load.
(iv) The identity, if known by Licensee, of the generator
of any hazardous or dangerous waste found in the
load;
(v) The actions which Licensee is taking against the
generator and hauler of any such hazardous or
dangerous waste found in the load;
(vi) Licensee's record of disposal of any hazardous or
dangerous waste found in the load.
C) Licensee shall advise the City Environmental Administrator,
if requested, when these loads are being inspected and the
City shall have the right to have its personnel on-site to
observe the inspection process.
D) Licensee shall develop, for City approval, shall schedule, on
a regular basis, down time major repairs and cleaning of the
Facility. City shall have the right to thoroughly inspect the
Facility for cleanliness and compliance with the other terms
of this License during such down time.
E) To further ensure compliance with restrictions in this
License, and in Chapter 58, Article III of the City Code of
Ordinances, on the handling and processing of hazardous and
dangerous wastes, and to protect the public health, safety,
and general welfare of the citizens of Elk River, the City
shall have the right, upon thirty (30) days notice to Licensee,
to have an inspector at the Facility twenty-four (24) hours a
day. These inspectors shall have the right of access to all
areas of the Facility, twenty-four (24) hours a day, for the
purposes of inspection to ensure compliance with all of the
terms and conditions of this License, the conditional use
permit for the Facility, and Chapter 58, Article III of the City
Code. The on-site City inspector shall have the right at any
time to take one or more of the following actions:
4
(i) Order a load of MSW inspected, pursuant to the
procedures set forth above;
(ii) Order the Facility shut down if necessary to bring it
into compliance with any other term or condition of
this License, the conditional use permit for the
Facility, or Chapter 58, Article III of the City Code.
8. RDF and Reject Disposal. All Mixed Municipal Solid Waste shall be
disposed of in strict compliance with the requirements of Chapter 58,
Article III of the City Code and Chapter 7035 of Minnesota Rules.
9. RDF Truck Haul Routes. To minimize the impact of the Facility on other
land uses and activities in the area, 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.
10. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF
receiving, processing, and storage areas at the Facility shall be fully
enclosed. Adequate facilities shall be provided to insure that under no
circumstances will there be any exterior storage of MSW or RDF, except in
enclosed trailers or trucks. Licensee shall create a 20-foot firebreak
between the conveyor on the tipping floor of the Facility to the garbage on
the tipping floor. All RDF haul trucks leaving the facility shall be securely
covered so that no RDF or other matter may escape.
11. Hours. The Facility may operate twenty-four (24) hours a day. The City
reserves the right to restrict the hours of operation of the Facility to normal
Business hours if noise emanating from the Facility to surrounding
residential properties is unacceptable. Receiving and transporting MSW
and rejects at the Processing Facility may take place twenty-four (24) hours
a day. However, the City reserves the right to restrict further the hours of
receiving and transporting MSW at the processing facility if necessary to
protect the public health, safety, or general welfare. RDF may be
transported twenty-four (24) hours a day. Licensee shall provide an area at
the Facility for disposal of solid waste by individual citizens Licensee shall
also advertise on at least a quarterly basis the availability of this public
drop off facility and the fee charged for it, and shall cooperate with the City
in recycling efforts.
12. Wash Water and Storm Water Run off. All truck and facility wash water
shall be diverted and captured in a retention tank so it does not enter the
groundwater system. Captured wash down water shall be disposed of as
required by the MPCA, and shall not be disposed of in the City's Waste
Water Treatment Plant. Testing as requested by State agencies of storm
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water run-off captured in the on-site retention/detention pond. Permittee
shall provide City evidence of storm water NPDES permit coverage for
industrial activities and a copy of the permittee's Storm Water Pollution
Prevention Plan
13. Security and Litter Control. The Facility shall be enclosed by a minimum
six foot and no more that eight foot high chain link fence. Licensee shall
engage in a regular and routine litter maintenance and removal program as
required by the CUP.
14. Si ng age. Licensee shall erect and maintain at each entrance to the Facility
a permanent sign stating the name of the Facility, the MPCA Permit
number and stating the hours and days the Facility is open for public use.
15. License Fees. Licensee shall promptly pay the License application fee and
annual License fees required by Chapter 58, Article III of the City Code.
16. Inspections. Licensee shall make the Facility available for inspections as
required by the CUP and Chapter 58, Article III of the City Code.
17. Insurance and Bonding. This License shall not take effect until the
insurance and bonding requirements set forth in Section 58-127 of the City
Code have been complied with.
18. Expiration and Renewal. This License shall expire on January 31, 2008, as
provided by Chapter 58, Article III of the City Code. Renewal of this
License shall be governed by the procedures and requirements of Section[s]
58-128, 58-129 and 58-130 of the City Code.
19. Suspension and Revocation. This License is subject to suspension and/or
revocation pursuant to the procedures and standards set forth in Chapter 58,
Article III of the City Code.
20. Violations. Any violation of terms and conditions of this License shall also
be considered a violation of Chapter 58, Article III of the City Code and, in
addition to suspension or revocation of this License as provided in Section
58-130 of the City Code, the City may Proceed to seek enforcement of this
License and the Solid Waste Facilities Ordinance under Section 58-103
thereof.
21. 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.
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The aforesaid defense, indemnity, and hold harmless provisions shall not
be in effect from and after the date that the occurrence giving rise to the
claim in question is determined by a court with jurisdiction over the matter
to have been caused solely by the willful conduct or negligence of the City,
its officers or employees. Until the date of such judicial determination, the
defense, hold harmless and indemnification provisions shall be in full force
and effect and in the event of such judicial determination, the City shall
reimburse the Licensee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co-
counsel in the defense of such matters. The Licensee agrees to indemnify,
defend, and hold harmless the City of Elk River, its Council members,
officers, and employees from any claims or damages arising out of any acts
or omissions on the part of the Licensee and any of the participating
counties or their commissioners, agents, or employees in the performance
of the counties' contractual obligations under the agreements with the
Licensee, from any strict liability imposed upon the City pursuant to Minn.
Stat. 115b.01, et. sec .. 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 of 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 23 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.
22. Waiver and Claims. The Licensee waives and releases the City from all
claims, direct or indirect, arising or claimed to have arisen out of all actions
or inactions relating to the City's consideration or issuance of the License.
23. Costs. The Licensee shall reimburse the City for all costs incurred in
enforcement of this License, including consultant and attorneys' fees, as
provided in Chapter 58, article III of the City Code. Failure by Licensee to
reimburse City within forty-five (45) days of receiving an invoice for any
costs for which reimbursement is required by the terms of this License or
the Conditional Use Permit for the Facility, shall be cause for revocation of
this License.
24. 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.
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25. 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.
26. Amendments or Waivers in Writing. The action or inaction of the City
shall not constitute a waiver or amendment to the provisions of this
License. To be binding, amendments or waivers shall be in writing, signed
by the Licensee, and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this License shall
not be a waiver or release.
27. 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:
RRT Resource Recovery Facility
ATTN: Plant Lead
10700 165' Avenue N.W.
Elk River MN 55330
RRT
ATTN: Kim Erickson, President
8585 W 78~' St ,Suite 150
Bloomington, MN 55438
Notice to the City shall be in writing, and shall be either hand delivered to the
Environmental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attention: Environmental Administrator
IV. This License will take effect when all of the conditions precedents 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 the License, the Conditional Use Permit for the
Facility, and Chapter 58, Article III of the City Code.
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V. In no event shall operations at the Facility commence until all of the terms,
conditions and requirements contained in or incorporated into this Licensee
have been met, including all required test, reports, and inspections.
Dated: By:
Stephanie A. Klinzing, Mayor
By:
Rebecca Haug, Environmental Administrator
CONSENT OF LICENSEE
The undersigned duly authorized representative of RRT, the Licensee under this
License, on behalf of the Licensee, represents that Licensee has fully examined this
License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the
City Code; and that Licensee consents to each and every condition contained in or
incorporated into the License, the CUP, and the City Code.
Each person signing below on behalf of the Licensee does so upon the authority
of the Board of Directors of the Licensee, and a resolution documenting such authority is
attached hereto.
LICENSEE: RRT
By:
Its: Plant Lead
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