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5.1. PCSR 10-13-2009REQUEST FOR ACTION To Plannin Commission Item Number 5.1. Agenda Section Meeting Date Prepared by Planning October 13, 2009 Rebecca Haug, Environmental Admin Item Description Reviewed by Request by Great River Energy to amend Conditional Use Permit and License to burn alternative fuels at RDF Facility, Case No. CU 09-19 -Public Hearin Action Requested There will be two actions with this item. 1. 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. Staff supports a recommendation to approve the amendment to GRE's Solid Waste Facility License with the modifications proposed by city staff. Staff supports a recommendation to approve the amendment to GRE's Conditional Use Permit with the modifications proposed by city staff. Introduction Great River Energy (GRE) is requesting approval to burn alternative fuels at the Elk River Station to help ensure the future economic viability of the project. The alternative fuels would be tire-derived fuel (TDF), wood and wood waste. These fuels would be used in conjunction with refuse-derived fuel (RDF). Attachments • Location Map • GRE Elk River Campus Site Map • CUP application from GRE, dated August 31, 2009 • Letter dated October 6, 2009 from John Lichter, Liesch Associates, Inc. • The current CUP and SWFL for the facility Case File: CU 09-19 Pagc 2 GENERAL INFORMATION: GRE CUP City of Ilk Ricer A lieant: Great River Ener Requested Action Amend Conditional Use Permit and License to burn alternative fuels Location and Size: 17845 East Highway 10 Location Existing Land Use Land Use Plan Designation Current Zoning Property in Solid Waste Facility I1 (SWF) I1 (SWF) Question North Multi-family and Light Industrial/Old Town R3 Commercial South Commercial Right of Way C3 East Commercial and Highway Business PUD BP C3 Office/Warehouse , , West River N/A N/A Overview GRE's Solid Waste Facility license and CUP both need to be amended to allow burning of alternative fuels. GRE is evaluating purchasing Resource Recovery Technologies (RRT) processing facility and landfill. RRT currently provides the RDF to the GRE's Elk River Station. Currently, there is a short supply of municipal solid waste, which results in higher operational costs. Allowing GRE to burn the alternative fuels will help reduce the operating costs. GRE conducted test burns of TDF earlier this year. The City's Environmental Consultant, John Lichter and I have reviewed the test results. The emissions tests did not reach any of the permitted limits. As indicated in John's letter dated October 1, 2009 there is no technical reason to deny the CUP since GRE uses state-of--the-art controls and emissions monitoring devices. The existing Minnesota Pollution Control Agency (MPCA) air emissions permit for GRE does allow TDF to be used at a rate not to exceed 200 tons per day (tpd) in any 24-hour period and 100 tpd on a 30-day rolling average. However, the MPCA air emissions permit does not allow the Elk River Station to burn wood or wood waste. Staff recommends that GRE be allowed to burn wood and wood waste excluding treated or painted wood, if approval is granted from the Minnesota Pollution Control Agency (MPCA). Burning of treated or painted wood shall not be allowed unless and until approval is received from the MPCA and the GRE has completed testing as required by the City. S:APLANNING IvIAIN\Case Files\CUP\CU 09-19 GRi:AStaff report to PC.doe Casc File: CU 0)-19 Page 3 GRF. CUP City of lilk River The alternative fuels would be delivered in covered trailers, off loaded and stored in the existing RDF building. The fuel will then be added to the RDF. A similar number of trucks or fewer would deliver the fuel to the RDF building. This request will have little or no perceivable changes to the operation. 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: mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate ~ncini~~ or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the ~y 2. lYlill be consistent with the comprehensive plan. 3. lYlill not impede the normal and orderly development and improvement of surrounding vacant property. 4. I•Ylill be served adequately ly and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and will not, in particzalar, create tra~c congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Dill 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. lYlill not resarlt in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. lYlill 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. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the operation is consistent with all of these standards. Analysis The proposed changes to GRE's license and CUP support continuing the operation at this site as GRE has demonstrated that they can meet all the standards for a CUP. S:APLANNING MAIN\Casc F'ilcs\CUP\CU 0)-19 GRF.AStaff mport to PC.doc Case l~ilc: CU 119-19 Pagc 4 Comprehensive Plan The proposed use of the land is consistent with the 2004 Comprehensive Plan. GItF~ CUP Ciry of P,Ik ]Zieer Planning Commission Action 1~lorion by second by Fore Follow Up S:AP1,ANNING Mt11N\Case Files\CUP\CU O)-]9 GRF;AStafFreport to PC.doc S:\PLANNING\Case Files\CUP\CU 09-19 GRE\Location Map.dwg, 9/1/2009 2:39:08 PM Great River Energy Elk River Campus Site S:~i,egal~Environmental\GRS1Air\City of ER - Cond.UscPermitl2004 Alt Fuels Amendment\Site Layout.doc Conditional Use Permit and Solid Waste Facility Narrative 1. Application Requirements Not Affected by Requested Amendments Great River Energy (GRE) is requesting the City's approval to cofire tire-derived fuel (TDF), wood and wood wastes along with refuse-derived fuel (RDF). GRE is not currently proposing to construct any additional facilities to accommodate the alternative fuels. Furthermore, we believe that the general public will perceive little or no differences in the operation when we are cofiring the alternative fuel. Accordingly, many aspects of the Conditional Use Permit application requirements are not applicable because there will be no change from the current conditions. Mark Strohfus spoke with Rebecca Haug, Elk River Environmental Administrator, who agreed that many of the aspects of the application were not necessary. We have determined that the following aspects will not change from the current conditions and therefore have not included discussions of them in this application: • Landscape Plan • Utility Plan • Tree Preservation Plan • Grading/Drainage Plan • Drainage Calculations • Building Elevations • Floor Plans • Wall and Freestanding Sign Plans • List of items/equipment/materials associated with Outdoor Storage • Wetland Delineation • Wetland Mitigation Plan • EAW/EIS Requirements If the City has any questions or concerns about the above aspects, please contact us immediately and we will address them. 2. Description of Current Operations The Elk River Campus is located in the northwest corner of the intersection of US Highways 169 and 10. The campus consists of office buildings, warehouses, transmission substations, the Elk River Station (ERS) a waste to energy plant, and the Elk River Peaking Station. Under State law, the peaking station is exempt from local conditional use permits and so it is not covered by the existing conditional use permit. Elk River Station is an electric power generating station burning RDF. The RDF burned at this facility is currently produced from municipal solid waste under contract with Resource Recovery Technologies, LLC (RRT) in Elk River. The RDF arrives at ERS in semi trailers and is unloaded in the enclosed RDF receiving building to the east of the S:\Legal\Environmental\ERSWir\City of ER - Cond.UsePermit\2009 Alt Fuels Amendment\ER CUP Amend Narrative v2.doc Page 1 of 4 Conditional Use Permit and Solid Waste Facility Narrative plant. The facility produces approximately 40 megawatts of electricity and operates 24 hours per day. The facility is maintained and operated by 41 full-time employees. The Combustors: Energy is produced through combustion of RDF in three spreader stoker-fired excess air combustion units (combustors or boilers). The boilers are identified as emission Units 1, 2, and 3. Unit 3 is approximately twice the size of units 1 and 2. The units are 128, 128, and 268 mmBtu/hr, respectively, which equates to approximately 11.7, 11.7 and 24.4 tons of RDF per hour. The combustors can also burn natural gas and fuel oil. Natural gas is used at start-up and as necessary to maintain proper combustion conditions; distillate fuel oil is used as a backup fuel to the natural gas. The combustion units were converted from burning coal to RDF in 1988. Air Emissions Control equipment: All three of the combustion units (boilers) are connected to common emissions control equipment, which are a dry scrubber for the control of acid gasses and a baghouse for the control of Particulate Matter (PM). The dry scrubber uses lime as a reagent in the chemical removal of the acid gasses. The lime is unloaded pneumatically to the lime storage silo, which is protected by a fabric filter baghouse from emitting PM during the unloading process. Exhaust gasses are continuously monitored for Carbon Monoxide (CO), Sulfur Dioxide (SO2), Nitrogen Oxides (NOx), opacity, and oxygen (O2). A number of operating parameters, including scrubber exit (baghouse inlet) temperature, and boiler feedwater flow rate, are also monitored continuously. Air emissions are governed in the state of Minnesota by the Minnesota Pollution Control Agency under the Title V permitting program. ERS's air permit is 14100003. Other air emission sources on site: Hot water for internal use when boilers 1, 2, and 3 are shut down is occasionally provided by a rented fuel-oil-fired boiler. A propane-fired generator currently provides emergency electrical power, which will be replaced in the near term with anatural-gas- fired generator. The System Operations Control Emergency Generator is included in ERS Title V air permit but is maintained and operated by system operations. Water usage and discharge: System cooling is provided by once-through appropriations from the Mississippi River. Discharge and monitoring to the Mississippi is governed by the Minnesota Pollution Control Agency under the National Pollution Discharge Elimination System (NPDES) permitting program. Additional groundwater appropriations are used for scrubber operation and internal wastewater streams. Treatment is provided by a wastewater clarifier which discharges internally to the once-through cooling water discharge. Combustor waste (ash): Fly ash produced in the course of waste combustion is stored in an enclosed area at the facility. A fabric filter baghouse controls PM emissions during the conveyance of the fly ash. The ash is shipped from the site using covered trucks to a permitted ash-only cell that is owned and managed by RRT. S:\Legal\Environmental\ERSWir\City of ER - Cond.UsePermit\2009 Alt Fuels Amendment\ER CUP Amend Narrative v2.doc Page 2 of 4 Conditional Use Permit and Solid Waste Facility Narrative Large on-site tanks: The ERS facility has three bulk fuel oil tanks. Until recently, these tanks were empty and unused since 1981. As part of the construction of the peaking station, two of the tanks were refurbished; one is used for fuel oil storage and the other is used for demineralized water storage. The third tank remains sealed off and unused. The refurbished fuel oil tank supplies backup fuel to ERS and the peaking station. The demineralized water is used to control NOx emissions when the peaking station combustion turbine is firing fuel oil. 3. Requested Amendments 3.1. Alternate Fuel Description and Scope GRE requests approval to cofire alternate fuels at Elk River station with RDF. The alternate fuels will be limited to TDF, wood and waste wood. A single alternate fuel may be cofired with the RDF or a combination of the alternate fuels may be cofired with the RDF. None of the proposed alternate fuels would be fired without concurrently firing RDF. The ERS will remain primarily aRDF-fired waste-to-energy facility. However, the economics of the overall operations (waste processing and waste combustion) are negatively impacted by an overall low supply of municipal solid waste to feed the RDF production plant or by short term interruptions in the municipal solid waste supply or RDF supply. cofiring alternate fuels is being proposed as a potential opportunity to maintain the overall economic viability of operating the waste to energy plant. Any economic advantages of cofiring will be dependent on the actual cost of any alternate fuels and the impact of the alternate fuel on operating and maintenance costs. GRE has begun to investigate fuel supply costs, but we cannot identify actual operating and maintenance cost impacts without actually cofiring the materials over a period of time. Our initial analyses suggest that the requested opportunity fuels offer some promise for cost savings. The air emissions permit issued for the Elk River campus currently allows ERS to cofire TDF at a rate of "less than or equal to 100 tons/day using [a] 30-day rolling average" but also "less than or equal to 200 tons/day using [a] 24-hour block." If the City feels it is necessary to also restrict the amount of TDF that is cofired, we request that these same restrictions be used in the CUP. The air emissions permit does not explicitly allow for ERS to burn any wood. However, the air permit, in conjunction with Elk River Station's Industrial Solid Waste Management Plan does allow ERS to burn "Excess wood chips from county projects." GRE will have to obtain approval from the MPCA prior to cofiring any wood that is not currently authorized by the permit and Industrial Solid Waste Management Plan. S:\Legal\Environmental\ERSWir\City of ER - Cond.UsePermit\2009 Alt Fuels Amendment\ER CUP Amend Narrative v2.doc Page 3 of 4 Conditional Use Permit and Solid Waste Facility Narrative The current cofiring proposal will result in little or no perceivable changes to the operation of the Elk River Station by the general public. Cofiring of the requested alternate fuels will not require: • Physical modifications to existing building structures. • Construction of any new structures. • Alteration or addition of roadways. • Increases in employee parking or staffing levels. • Changes in fuel delivery schedules. If a particular fuel source is identified that offers along-term supply at a price that is competitive with RDF, GRE would likely evaluate additional fuel storage and handling facilities. At that time, we would talk with the City to determine if the CUP would need to be amended. 3.2. Alternate Fuel Delivery and Storage Alternate fuels would be delivered directly to Elk River Station via the same route currently approved for the RDF trucks in the CUP. The requested alternate fuels would be delivered in covered trucks and unloaded in the existing RDF receiving barn. A similar number or fewer trucks would deliver fuel to Elk River Station. On a daily basis, Elk River Station historically operates very near its permitted capacity of 1,050 tons of RDF per day. TDF fuel has a higher heating value than RDF and would result in fewer trucks arriving at the site. Wood and wood wastes have heating values and densities similar to RDF and truck traffic volumes are not expected to increase significantly. S:\Legal\Environmental\ERS\Air\City of ER - Cond.UsePermit\2009 Alt Fuels Amendment\ER CUP Amend Narrative v2.doc Page 4 of 4 GREAT RIVER ENERGY" ---- ___ __ 12300 Elm Creek Boulevard Maple Grove, Minnesota 55369-4718 763-445-5000 Fax 763-445-5050 www.GreatRiverEnergy.com August 31, 2009 HAND DELIVERED Ms. Rebecca Haug Environmental Administrator City of Elk River 13065 Orono Parkway, PO Box 490 Elk River, MN 55330 Re: Conditional Use Permit and Solid Waste License Amendment Request for the Co-firing of Alternate Fuels Great River Energy -Elk River Station Dear Ms. Haug: Great River Energy (GRE) is seeking the City of Elk River's permanent approval to burn alternative fuels at Elk River Station to help ensure the future economic viability of the project. Specifically, we are requesting your approval to burn the following, along with the refuse-derived fuel (RDF) we currently burn: • Tire-derived fuel (TDF) • Wood • Wood waste As you are aware, GRE is evaluating purchasing Resource Recovery Technologies (RRT's) processing facility and landfill. We have a bridging agreement through December 31, 2009, with RRT to keep their processing plant and landfill operating so we can continue to operate Elk River Station and conduct the necessary due diligence prior to purchasing RRT's assets. During the bridging period, the processing plant and Elk River Station will be operating at less than capacity due to a short supply of municipal solid waste, which results in higher operating costs. The ability to burn the requested alternate fuels with RDF will help reduce the operating cost increases. We are requesting permanent approval for these alternate fuels to ensure that the future economic viability of the operations is not jeopardized by similar interruptions in the supply of municipal solid waste. Enclosed are: • A check in the amount of $1,520 to cover the initial fee and escrow. • A completed Land Use Application Form. • Parcel and Legal Descriptions. • A Conditional Use Permit Application Form. • A narrative describing the Elk River Station and the requested amendments. • A facility layout drawing. • Mailing labels for the owners of property located within 350 feet of the boundaries of GRE's Elk River campus. ~~~`~U`l_ __ __ A Touchstone Etlergy° Cooperative ~~~ ~~~ Contains 100°/, post consumer waste ~_ Ms. Rebecca Haug August 31, 2009 Page 2 of 2 In addition to an amended Conditional Use Permit, we request that the City also issue an amended Solid Waste License. GRE is requesting the City's approval to cofire tire-derived fuel (TDF), wood and wood wastes along with RDF. Our current air emissions permit issued by the Minnesota Pollution Control Agency (MPCA) allows us to cofire a maximum of 200 tons of TDF in any day and 100 tons per day based on a 30-day rolling average. Prior to being able to cofire wood and wood wastes, the MPCA may have to issue GRE an amended air emissions permit. GRE has completed testing during which TDF was cofired with RDF. Analytical results are expected this week. Once we receive the data, we will review and summarize the data and submit it to the City. If you have any questions on the information contained in this letter, please contact me by telephone at (763) 445-5210 or by email at MStrohfus@GREnergy.com. Sincerely, GREAT RIVER ENERGY ``~~~~~~ Mark Strohfus Environmental Project Leader Enc. c: Timothy Steinbeck, GRE-ERS S:\Legal\Environmental\ERSWir\City of ER - Cond.UsePermit\2009 Alt Fuels Amendment\ER CUP Alt Fuel Amendment V2.doc I-IYDROGEOLOGISTS ^ ENGINEERS ^ ENVIRONMENTAL SCIENTISTS October 6, 2009 Rebecca Haug Environmental Administrator City of Ellt River I iUbs Urono Parkway Elk River, MN 55330 R~~~ ~ BEd ~C . T ~ ?~~,g RE: Great River Energy (GRE) Proposal to feed Tire Derived 1~'uel (TDFj at the Elk River Station Dear Rebecca: Liesch Associates, Inc: has reviewed the referenced proposal, the existing air emissions permit for the Elk River. Station, and recent test burn'analytioal data provided by GRE. In Addition; a meeting with,GRE representatives was attended to discuss the~proposal'and test, burn results in more detail on September 2 i ; 2009. ' The existing air emissions permit issued by the Miruiesota Pollution Control Agency (MPCA) dated July 1, 2008 allows for the use of TDF. as a fuel-input at a rate not to exceed 200 tons per day (tpd) in any 24-hour period and 100 tpd on a 30-day rolling average. TDF is proposed to be delivered in covered trailers, off loaded and stored in the existing RDF building. It will be conveyed to the power station using the existing RDF covered conveyor system. Ash from the boilers will be removed and disposed of at the current ash landfill in Becker. No changes in the current air pollution control systems are proposed. A test burn of a RDFlTDF mixture was conducted on August 10-13, 2009. Interpoll Laboratories, Inc. conducted the testing and analytical work. Ash and air emissions analyses were completed. TDF vvas fed at rates from 85-.165 tpd but at an average rate of 135 tpd over the last three days and up to approximately 20% of the total boiler fuel feed by weight. Ash testing for metals was conducted on fly and combined fly and bottom ash. A sample of TDF itself was also analyzed for metals. In addition; an ash sample was analyzed using the TCLP procedure. to determine' :if TDF would change the toxicity of the ash causing it to be regulated as a hazardous waste. 'The results of the ash analyses did not generally show any significant changes to previous RDF ash characteristics or toxicity levels of metals. An exception is zinc, which was present at approxiiYiately twice the previous average ash concentration (from 1991-2008). The TDF feedstock has steel belting remnants present and is believed to be a likely source of the zinc in the ash. www.liesch.com LIESCH ASSOCIATES, INC. ^ 13400 15TH AVENUE NORTH ^ MINNEAPOLIS, MN 55441 ^ 763/489-3100 ^ FAX: 763/489-3 I O I Rebecca Haug City of Elk River October 6, ?009 Page 2 Emissions testing data was compared to historical levels and to existing permit requirements. Emission parameters analyzed included dioxins and furans, hydrochloric acid (HCL), particulate matter, nitrogen oxides (NOX), sulfur dioxide (SOZ), carbon monoxide (CO) and ten metals. Certain parameters such as CO and NOX were reduced and most showed no significant change from historical operations. Two parameters were higher than typical past operations. These were zinc and sulfur dioxide. Both zinc and sulfur are present in TDF in higher concentrations than RDF. Zinc emissions are currently not regulated by MPCA. Further MPCA current air emission risk assessment program does not establish a toxicity factor for zinc. The SOZ emissions, while higher than for historical 100% RDF firing, were below the permitted emission rate. SOZ is currently monitored by GRE using a continuous emissions monitor, which is calibrated every day. Using CEM data, the plant operators can adjust the TDF feed rate to control any SOz exceedance issues. In conclusion, some predicted emission increases and reductions from historical emissions levels were recorded during the TDF test burn. None of the increases reached permitted limits. State-of--the-art controls and emissions monitoring devices are available to the GRE operational staff. Based on the test burn ash and emissions analytical data, the proposed TDF feed rate, current air emission permit and emissions monitoring system in place at the Elk River Station, Liesch finds no technical reason to deny the CUP request to co-fire TDF with RDF. Should you have any questions, please contact me. Thank you. Sincerely, LIESCH ASSOCIATES, INC. ~~~~~ ~. ohn Lichter, P.E. Environmental Engineer w:\env\648]3\gre tdf review ltr 10 O1 09.doc www.liesch.com THE LIESCH COMPANIES ^ MINNEAPOLIS ^ CHICAGO ^ LOS ANGELES ^ MADISON ^ MILWAUKEE ^ PHOENIX AMENDED CONDITIONAL USE PERMIT NO. 87-10 For Great River Energy (GRE) Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996, December 20, 1999, ~-February 9, 2004, and October XX, 2009 subject to the following terms: This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the Great River Energy Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 14100003-003 and all applicable amendments for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305 issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by correspondence dated July 24, 1986; and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, November 30, 1993, November 22, 1995, November 2, 1999 and December 19, 2003 applications of Permittee for renewal of the Conditional Use Permit for the Facility; and as further described in correspondence from Permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of this Permit and all such documents are considered to be and are hereby made a part of this Permit. 2. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. All utility and street construction plans and specifications as presented by the Permittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. 4. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. 5. Approval of driveway entrances or exits, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City Environmental Administrator prior to issuance of any building permit. 6. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Permittee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Access shall be administered in accordance with the Permittee's safety standards, National Homeland Security rules and regulations and proprietary information requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. 7. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Permittee, but not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. The City shall be notified by the Permittee immediately upon the release or spill of hazardous materials at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments), or Permit for a Waste Processing Facility and System, No. SW-305 and NPDES Permit No. MN001988. Recommended Text: 2 The City shall be notified by the Permittee of any violations of the conditions of the Permit, Air Emission Facility Permit No. 14100003-003 (and applicable amendments) and NPDES Permit No. MN001988, consistent with the reporting requirements for each individual permit. The Permittee shall notify the City within 24 hours of discovery the release or spill of hazardous materials which could endanger human health or the environment. 9. This Permit authorizes burning at the Facility of up to 1,050 tons per day of RDF using a 12-month rolling average. 10. This Permit authorizes burning fire derived fuel. at a rate not to exceed 200 tons per da i~ any 24-hour period. and 100 tons per day on a 30-day rollin J average l his Permit authorizes bui-nin~ wood and wood waste excluding treated or painted wood, if approval is granted from the Minnesota Pollution Control Agency (MPCA). Burning of treated or painted wood shall not be allowed. unless and until approval is received. from the MPCA and the perniittee has completed such testing as the City shall require. 182. All RDF and Ash-hauling truck traffic must enter the Facility site directly from Highway 10, Highway 169, or Great River Energy Drive; and must exit the Facility directly onto Highway 169, unless otherwise approved or directed by the Environmental Administrator or his/her designees. All ash or other haul trucks leaving the Facility shall be securely covered so that no ash, or other particulate matter may escape. 13~. Final plans and specifications for the Facility must be reviewed and approve by City staff and/or consultants prior to the issuance of a building permit for the Facility. 12-4. No RDF or Ash trucks may be washed at the Facility unless prior approval is given by the City. 1~5. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the judgment of City staff, odors migrating off the facility site continue to be unacceptable, staff may direct Permittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. 146. The Facility shall not undertake burning of RDFor alternative fuels unless all necessary permits are in place. 1~7. The Permittee shall engage in regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be determined by the City. 1g8. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Permittee shall also reimburse the City for all patching and repair expenses in excess of the City's normal street maintenance program for such streets. x-719. No exterior storage of RDF, Alternative Fuels or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. ~--P20. The Permittee represents and warrants to the City that the Facility shall at all times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from the permittee to John Klovning dated January 23, 1987, and with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. 21q. The establishment and operation of the Facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Chapter 58, Article III of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Chapter 58, Article III and/or said license which are not specifically set forth in this Permit. 2822. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated 4 at the Site. Any reuse of ash and residue, shall be subject to approval of the Minnesota Pollution Control Agency. 2~3. 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 the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. 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 may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the 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 5 limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility. The indemnities provided in this paragraph B are subject to the limits of liability set forth in Minnesota Statutes Sections 46.04 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. Failure by Permittee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. 2~4. Miscellaneous: A. This Permit and its conditions shall be binding upon the Permittee and its successors and assigns. The assignment by the Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld. B. Violation of the terms of this Permit or Air Emission Facility Permit No. 14100003-003 or NPDES Permit No. MN0001988 by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a hearing as provided by City ordinance. 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, 6 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. 2-3:25. Notices. Required notice to the Permittee shall be in writing, and shall be either hand delivered to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following address: GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the Environmental Administrator at the following address: City of Elk River Attn: Environmental Administrator 13065 Orono Parkway NW Elk River, Minnesota 55330 264. 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, 2011. 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. 7 The undersigned, on behalf of the Permittee, represents and binds Permittee to the terms of this Permit, having fully examined this Permit and all materials referred to herein and agrees to all the conditions set forth. Each person signing below on behalf of the Permittee does so upon the authority of the Board of Directors of the Permittee, and a resolution documenting such authority is attached hereto. PERMITTEE: GRE By: Its: STATE OF MINNESOTA COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _day of , 20059, by ,the behalf of the corporation. of Great River Energy, a Minnesota corporation, on Notary of Public THIS INSTRUMENT WAS DRAFTED BY: Environmental Division 8 CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE GREAT RIVER ENERGY (GRE) WASTE BURNING 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 Ordinance) of the City of Elk River Code of Ordinances (the City Code) to GRE (the Licensee) for the establishment and operation of a Waste Burning Facility (the Facility) upon the property legally described in Exhibit A to this License (the Site). This License authorizes the establishment and operation of a Waste Burning Facility which will burn a maximum of one thousand fifty (1,050) tons per day of refuse derived fuel (RDF) using a 12-month rolling average and will burn Tire Derived Fuel (TDF~(as determined b MPCA at a rate not to exceed 200 tons per day in any 24-hour period and 100 tons~er day on a 30-day rolling average. Burning wood. and. wood waste, excluding treated or painted wood will be allowed if approval is granted from the Minnesota Pollution Control Agency (MPCA . Burning_ of painted wood will not be allowed unless and until approval is received from the MPCA and the Licensee has successfully completed such testing as the City shall require. All operations shall be, as described in: Licensee's Application for a Solid Waste Facility License to Permit the Operation of a "Waste Burning Facility" and supplemental correspondence from Licensee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987; Licensee's November 30, 1989, application for renewal of the License for the Facility; Licensee's November 13, 1991, application for renewal of the license and supplemental correspondence from Licensee to the City's Consultant dated November 20, 1991; Licensee's November 30, 1993, application for renewal of the License; Licensee's November 22, 1995, application for renewal of the License; Licensee's November 2, 1999, application for renewal of the License, -Licensee's December 19, 2003 application for renewal of License and Licensee's August 31, 2009 application for renewal. of License, including all attachments thereto; 3:2. The Air Emissions Permit No. 1410000-003 (and applicable amendments), 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 of: 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 License to the City or MPCA shall be deemed to be a violation of this Permit. 2. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. 3. Incorporation of MPCA Permit and Regulations. The terms and conditions of the MPCA Permit and all MPCA Regulations applicable to the Facility are specifically incorporated into the License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Special Conditions;" "Special Conditions Relating to DJ and Solid Waste;" and "General Conditions" of the MPCA Permit. Any violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of the terms, conditions, or requirements of the MPCA Permit or MPCA Regulations, and shall advise the City as to what steps will be taken to correct said violations. 4. Incorporation of Amendments to MPCA Permit or Regulations. No amendment or change to any term, condition, or requirement of the MPCA Permit or Regulations shall be incorporated into this License or become effective with respect to this License until the City has received notice of the proposed amendment an has specifically consented thereto by ~'~nhirmi~~ rnain~case fitcs~cup~eu t~9-19 are',*reliudraft.duc :`. ~ ~ ~„ ~ .' ~ ~ ~ , amending this License to incorporate the MPCA Permit Amendment, except those amendments which impose stricter performance, performance standards, testing or reporting requirements on the Facility. 5. 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/her designated representative specifically notifies Licensee in writing that copies of specific documents will not be necessary. Materials which must be provided unless declined include, without limitation, all plans and specifications; performance testing and monitoring results; testing and monitoring plans; the ash management program, including the ash disposal plan and ash evaluation reports; and all emission inventory reports. 6. Incorporation of 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 58-193 and 58-194. Any violation of the City Code will constitute a violation of the terms of the 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. Incorporation of Cit~Zonin~ 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 the 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. 8. Performance Testing. In addition to all testing and monitoring required by the MPCA Permit, Licensee shall test the emission levels from the Facility of Polychlorinated Dibenzo-p-Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy metals every twelve (12) months: arsenic, beryllium, cadmium, chromium, lead, mercury, nickel, and selenium. 9. Hazardous and Dangerous Wastes. There shall be no burning of Hazardous waste at the Facility. There shall be no burning of Dangerous Waste at the Facility without prior written approval from the City. All activities associated with dangerous and hazardous waste shall be conducted in accordance with city, state and federal rules governing storage, use and disposal. Licensee shall notify the City immediately upon the release or spill of any hazardous or dangerous waste at the Facility and ti~\piazisiing mai3tl~~e!'ileslcE~picu i)~) 19 ~rci~relic~lraft.doc-s~a• ,;..,inn, ...~ .~..~~-~_ , ~~~:.~ shall advise the City what steps will be taken to contain and clean-up any such release or spill. 10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and storage areas at the Facility, shall be fully enclosed and sprinkled, including the pit in the receiving building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from the receiving building to the burners. Adequate ash storage facilities shall be provided to insure that under no circumstances will ash be stored in anything but fully enclosed structures. Ventilation and filters shall be provided for this building sufficient so that ash particles are not being exhausted outside the building. All ash and other haul trucks leaving the Facility shall be securely covered so that no ash, residue, or other particulate matter may escape. 11. Ash Disposal. All ash shall be permanently transported out of the City except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash disposal shall strictly comply with the requirements of Chapter 58, Article III of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for ash disposal; which have been approved by the Minnesota Pollution Control Agency for ash disposal; and which are equipped with a line and leachate collection system adequate to collect all leachate which may be generated at the Site. 12. RDF and Ash truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all trucks hauling RDF or alternative fuels to the Facility from Resource Recovery Technologies, LLC (RRT) must enter the Facility directly from Highway 10, GRE Drive, or Highway 169. RDF trucks returning from the Facility to the RRT Facility shall use the following route: From the Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue directly into the RRT Facility. All ash and other hauling truck traffic must enter the Facility directly from Highway 10, GRE Drive, or Highway 169; and must exit the Facility directly onto Highway 169. As needed, routes other than those described above may be approved or ordered by the Environmental Administrator and his/her designees. 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. s.lplaririin~ main\e,ase l`i(esicur~'•cu Q9-19 src\<_>relicdr•rf't ilirc :` `, " . . 13. Signage. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility and the MPCA Permit number. 14. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Chapter 58, Article III of the City Code. 15. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Chapter 58, Article III of the City Code. 16. Insurance and Bonding. The 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. 17. Expiration and Renewal. This License shall expire on January 31, 2011, as provided by Chapter 58, Article III of the City Code. Renewal of this License shall be governed by the procedures and standards set forth in Section[s] 58-128, 58-129 and 58-130 of the City Code. 18. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth Chapter 58, Article III of the City Code. 19. Violations. Any violation of the 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. 20. 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 attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its s:'•,plaruarng mai~~\~a~e 1'iles~cu '•.cu 09 t9 =re\~relic~lrtlt iii~cr~tti~ri+rti~*?P~~~',.°'I'~1„" 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.seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 20 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 21. 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. 22. Costs. The License shall reimburse the City of 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. 23. 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. 24. 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. s~.lohinnin~~ anaii~lcase I'ile5~cup';ci~ Q9 19 bre,~reliodraft doclr-e~1~1-:a~~H~-au"inn .,-, - r ~_~i. . ,~,.,. 25. 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. 26. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: GRE ATTN: Manager, Elk River Station 17845 U.S. Highway 10 NW Elk River, Minnesota 55330 Notice to the City shall be in writing, and shall be either hand delivered to the Environmental Administrator at the following address: City of Elk River 13065 Orono Parkway NW Elk River, Minnesota 55330 Attention: Environmental Administrator IV. This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of this License, the conditional use permit for the Facility, and Chapter 58, Article III of the City Code. 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 tests, reports, and inspections. Dated: By: Stephanie A. Klinzing, Mayor By: Rebecca Haug, Environmental Administrator s'.ApL•~nriim~ n~ainlc~~ fi}eslcup~~.cu 09 I9 ~,rc\~re3icilrafLdoc_ ^. _ ~ :~,,,, CONSENT OF LICENSEE The undersigned duly authorized representative of GRE, 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: GRE By: Its: By: Its: s:lpiannin:~ main~c z,c 1'ilesicEip`~cu (19-19 ~re`,«relicdr~tft floc ;`. __ _ '.~