5.2. SR 10-19-2009ct~~u egues~
There will be two actions with this item:
~ . Solid waste Facility License
2. Conditional Use Permit
These are both subject to the proposed language changes which either have a stril~ethrough or are
highlighted in the attached CUP and license.
Staff and Planning Commission support a recommendation to approve the amendment to GRE's Solid
waste Facility License and the Conditional Use Permit with the modifications proposed by city staff.
a~ck~und1 ascu~si~n
Great River Energy OGRE} is requesting approval to burn alternative fuels at the Ells River Station to help
ensure the future economic viability of the project. The alternative fuels would be ti~•e-derived fuel
TDF},wood, and wood waste. These fuels would be used in conjunction with refuse-derived fuel
~RDF}.
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 Ells 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 ~ have reviewed the test results. The emissions tests did not reach any of the permitted limits. As
indicated in John's letter dated Qctober i, 2009 there is no technical reason to deny the CUP since GRE
uses state-af~the-art controls and emissions monitoring devices.
The existing Minnesota Pollution Cont~•ol ~.gency ~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
s;~Council~Rebecca~GR~ 1019 09.doc
excluding treated ox painted wood, if approval is granted fxoxn the Minnesota Pollution Control Agency
~MPCA}. Burning of treated ox painted wood shall not be allowed unless and until approval is received
from the MPCA and the GRE has cofnpleted testing as required by the city.
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 ox fewer would deliver the
fuel to the existing RDF building. This request will have little or no perceivable changes to the operation.
a~~n~ents
~ Location Map
® GRE Ells River Campus Site Map
® CUP application from GRE, dated August 3~, 2009
® Letter dated October G, 2009 from John Lichter, Liesch Associates, inc.
® The current CUP and SwFL for the facility
S,~Caunci1~ltebecca~GR~ 1019 09.doc
1~a
Plannin C ominis lion ~tm un~~r
5.1, `~
Benda, ~ct~an ~~tin a,t~ rea,r~ b
Planning Gctober ~ 3, 2009 Rebecca Haug,
Enj~•onmental A drain
~t~m ~scr~pt~an ~v~~~ by
Request by Great River Eneigy to amend Conditional Use
Pefmit and License to buin alternative fuels at RDF Facilit~r,
Cage ~a, CU 0919 ~-Public Hearin
ctian aqu~Ste
There will. be two actions with tl~.s item.
~. Solid waste Facility License
2. Conditional Use Permit
These are both subject to the proposed language changes which either have a stiil~ethrough or are
highlighted in the attached CUP and license.
Staff supports a reco~.nmendation to approve the amendment to GRE's Solid waste Facility License
with the ~nodi~.cati.ons proposed by city staff.
Stall' supports a reco~r~nen anon to approve e a~nend~nent to GRE's Conditional Use Permit
with the modifications proposed by city staff.
~ntr®uct~an
Great River Energy OGRE} is requesting approval to burn alternative fuels at the Elk River Station to
help ensure tlae 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 ~F}.
tta,ch~~nts
~ Location Map
~ GRE Ells River Campus Site Map
® CUP application from GRE, dated August 3 i, 2009
Letter dated October G, 2009 from John Lichter, Liesch Associates, Znc.
~ The current CUP and SwFL for the facilit~~
Case Fiie; CU 09-19
Page 2
GE~EP.A.L ~~F~I~1ViATI~N;
GRIT CUP
Ci~}r aF Ill; Ritter
A.pplieant: Great River Ener
Requested Action Amend Conditional Use Permit and Lzcense
to burn alternative duels
Location and size; 17545 East Highway 10
Location Existing Land Use Land Use Plan Designation Current
Zoning
P~opezt~f in Sold waste Facility ~~ SwF} I~ ~S'~~
Question
North Nlulti~fairuly and Light 7ndust~al/Old Town R3
Co~~unercial
South Co~ntnercial Right of gray C3
East Co~n~nercial and Highway Bus~.zess PUD, BP, C3
~ff~ce/~ilarehouse
west Rive: N/A N/A
~~~v~~
GR.E's Solid waste Facility license and CUP bot11 need to be amended to allow burning of
alternative fuels, GRE is evaluating purchasing R.esouxce Recovery Technologies ~RR.T} processing
facility and landfill. RRT currently provides the RDF to the GRE's Ells 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 Delp reduce the operating costs,
GRE conducted test bums of TDF earlier dais year. The City's En~rironmental Consultant, Jol~.n
..
Lichter and T have reviewed the test results. The emissions tests did not reach any of tl~e permitted
limits. As indicated in John's letter: dated October ~, 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 Pollutio~a. Contt~ol Agency ~MPCA~ air em.i.ssions 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 i0o tpd on
a 30-day rolling average, However, the MPCA air emissions permit does not allow tla.e Ells Ri~Ter
Station to burn wood or wood waste. Staff recommends t1~.at GRE be allowed to burn wood and
wood waste excluding treated or painted wood, if approval is gLanted from the Minnesota Pollution
Control .Agency ~PCA~. Burnitag of treated or painted wood shall ~aot be allowed unless and unt~1
app~:oval is received from tl~e MPCA and the GCE has completed testing as required by the Cite.
S;~PL~NI\ING M~1IN~Case Files~CUP~CU ~9-19 GRE~Staff xeport to PC.doc
Case Tile; CU L?9-19
Pale 3
GR.E CUP
Cih~ of ilk Ril-er
The alternative fuels would be deli~Tered ~. covered ttaiiers, off loaded and stared to the existing
RDF building, The fuel will then be added to the RDF, A similar number of trucl~s ar fewer would
deliver the fuel to the RDF building, This request will lave little or na perceivable changes to the
operation,
-p1~c~~~ ~t~~~~
Standards foi 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;
~, i~jill nat e~~dange~; i~ jT~re or d~t~i~e~ztal~~ affect the use a~ad e~ joy~ie~zt of other p~noper~j~ i~~ tl~e i~r~~nediate
vicini~ or floe p7~blic healtlo, safety, ma~M1als, comfo~~, convenience argene~°al ~velfa~°e of the ~aeighba~°hoad o~° floe
~y.
2, dill be co~asiste~at ~vith the car~aprehensive plan,
3, bill not in~pede floe na~wzal and order°~~ development and i~~prave~nent of sure°au~ading vaca~at proper y.
4. 1Vill be ses~l~ed adequately 1 y a~ad ~~ill not adversely affect e,rse~tial pudic facilities a~ad serl~ices ilzclr~dl~2g
.streets, police and fire protection, drainage, refuge disposal, ~vater and sever systems, paiA,~s and schools; atad
~vill not, in particular, create tra~c congestion ar i~ate~ fere~2ce ~itl~ tra~c on adjacent aiad ~~ciglo~o~~~zg public
tlooroitgl. fare..
5. tai not invo ve ltses, activities, processes, matey°ia s, equipme~at an conditions of operation float ~~i ~ e
det~~mental to any persons or prope~~~ because of ea°cessive tra~c, noise, s~~aal~e, fumes, glare, odor s, dust ar
vi~~~atians.
G. Fill. ~aot ~°esult in the dest~~~ctian, loss aj~ damage of a natural, scenic o~° loisto~~c featu~°e of majo~° ir~~pa~~ancte.
7. dill full comply ~vit]o all atlaer requirements of tlois Cade, includinb a~~ applicable requirements and
sta~adardr for the issuance of a license or pe~~nit to establish and operate the proposed use in the cif.
If denial of such a permit should occur, it shall acco~npan~~ reco~nrxa.endations or determinations b~T
findings ar a report staring haw the proposed use does not comply with the standards set forth in
Section 30~G54.
l-n the review of tl~e standards far CUP as outlined, it appears that the operation is consistent with
all of these standards,
nal ~~s
The proposed changes to GRE's license and CUP support continuing the operation at this site as
GRE has demonstrated that the~T can meet all the standards for a CUP,
~:~PLANNING I1~lIN~Case Files~CUP~CU D9-19 GI~~Staff rcl~ort to PC,doc
Case Tile: CU U9-1~
Pale ~
~pr~h~n~i~~ a.~
The p~o~osed use o£ the hand ~s consistent wig. ~e 2Q04 Co~n~~ehensi~Te Plan,
GRI/ CUP
Ci~r o~ Ell; River
~~C~l~l ~D~S~~®n C~~~n 11~ation by Second by Grote
~~I~
S:~PLANNING MAIN~Case F~'iles~CUP`CU 09_I9 GRE~Sta£#'repor~ to PC,dac
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Great River Energy
Elk River Campus Site
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:'~LegallEn~irc~nmentallERS~.Ai~1Cit~z ~f ER - Cc~n~.i<~s~~ermit~.~0~~ Ali ~'ueis ~lmendmentiSite ~ay~ut.doc
Conditional Use Permit and Solid Wasfie Facility
Narrative
1. Application equirements Nat effected y Requested
~1m~n ~ment
Great River Energy OGRE} is requesting the City's approval to cofiretlre-derived fuel
s;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. vve 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
GradinglDrainage Plan
Drainage Calculations
Building Elevations
Floor Plans
1lllall and Freestanding Sign Plans
g List of itemslequipmentlmaterials associated with Outdoor Storage
vVetland Delineation
® Wetland Mitigation Plan
EAwIEIS Requirements
If the City has any questions or concerns about the above aspects, please contact us
immediately and we will address them.
. escrdption o Current Operations
The Elk River Campus is located in the northwest corner of the intersection of US
Highways ~ G9 and 10. The campus consists of office buildings, warehouses,
transmission substations, the Elk River Station HERS} 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;1l~egallEnviranmentallERSIAirlCity of ER - Cand.UsePermit12~a9 Alt Fuels AmendmentlER CUP Amend Narrative
V~,daC
Page ~ of 4
Conditional Use Permit and Solid Waste Facility
Narrative
plant, The facility produces approximately 4D 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 ~,
2, and 3, Unit 3 is approximately twice the size of units 1 and 2, The units are 128, ~ 28,
and 268 mmDtulhr, 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 far
the control of Particulate Matter FPM},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
ACC}, Sulfur Dioxide ~SC~}, Nitrogen Gxides ~N~x}, opacity, and oxygen ~G2}, A number
of operating parameters, including scrubber exit baghouse inlet} temperature, and boiler
feedwaterflow rate, are also monitored continuously, Airemissians are governed in the
state of Minnesota by the Minnesota Pollution Contro! Agency under the Title V
permitting program, ERS`s air permit is 1410003,
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-oi{-fired boiler, A propane-fired generator currently provides
emergency electrical power, which will be replaced in the near term with anatural-gas-
firedgenerator, The System Operations Control Emergency Generator is included in
ERS Title V air permit but is maintained and operated by system operations,
Vyater usage~and discharge:
w - - -- ---.. - --
System coaling is provided by once~through appropriations from the Mississippi River,
Discharge and monitoring to the Mississippi is governed by the Minnesota Pollution
Control Agency underthe 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,1LegallEnvirvnmentallER5lAirlCity of ER - Cand,UsePermit1~009 Alt Fuels AmendmentlER CUP Arnen~ Narrative
v2,dac
Pale ~ of ~
Conditional Use Permit and Solid Waste Facility
Narrative
L.~e on-~ite_tan s.
The ERS facility has three bulk fuel oil tanks. Until recently, these tanks were empty and
unused since ~ 9~~ , 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 vtf 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 ~4rnendments
3.1. Alterr~ to Fuel escr~i ion 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 maybe cofired with the
RDF. None ofthe proposed alternate fuels would be fired without concurrently firing
RDF,
The ERS will remain primarily a RDF~fired waste-to~energy facility. However, the
economics of the overall operations waste processing and waste combustion} are
negatively impacted by an overall Iow 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 an the actual cyst 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 identity actual operating and
maintenance cost impacts without actually cofiring the materials over a period at time.
Our initial analyses suggest that the requested opportunity fuels after same promise for
cost savings,
The air emissions permit issued for the Elk River campus currently allows ERS to cofire
TDF at a rate at "less than or equal to ~ DD tonslday using ~a] 30-day rolling average" but
also "less than ar equal to 2DD tonslday using [a~ 24~hour block." It 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 Vllaste 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.lLegallEnvironmer~tallERSlAirlCity of ER - Cand.UsePermit1~~09 Alt Fuels AmendmentlER CUP Amend Narrative
v~.dac
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.
I ncreases in employee parking or staffing levels,
Changes in fuel delivery schedules,
if a particular fuel source is identified that offers a longterm 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 FteI Delivery and t~rage
Alternate fuels would be delivered directly to Eik River Station via the same route
currently approved for the RDF trucks in the CUP,
The req uested alternate fuels would be delivered in covered trucks and unloaded in the
existing RDF receiving barn,
A similar number ar fewer trucks would deliver fuel to Elk River station. On a daily
basis, Elk River station historically operates very near its permitted capacity of x,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, vlload and wood wastes have heating values and
densities similar to RDF and truck traffic volumes are not expected to increase
significantly.
S;1Lega1lEnvironmentailERSlAirlCity of ER - Cand.UsePermit120~9 Alt Fuels AmendmentlER CUP Amend Narrative
v2.doc
Page 4 of ~
GREAT RAVER
ENERGY
1300 elm Cree~t Boulevard a Ma~ale Grove, Minnesota 55369-471II ~ 763-445-5000 a Fax 763-445-5050 ~ w~~w.GreatRiverEi~ergy,co«~
August 31, 2aQ9
WAND DLI~R.ED
Fs. Rebecca Haug
Environments! Administrator
City of Elk River
X3065 Orono Parkway, PG Dox 490
Elk River, FPS 55330
Re: Cor~dr'~r'onal Use Perr~if ar~d Solid ~las~e License Amer~dme~n~ Reque~~ ~'or
the Com~rring of llerna~e Fuel
~rea~ River r~erg~r ~ 'll~ Rr'ver S~a~ion
Dear Fs. 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 refusewderived fuel ~RDF~ we currently burn:
Tirepderived 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 3~ , X009, 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
priorta 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 casts, 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 X1,520 to cover the initial fee and escrow.
® A completed Land Use Application Form,
Parcel and Legal Descriptionsr
A Conditional Use Permit Application Form.
A narrative describing the Elk River Station and the requested amendments.
A facility layout drawing,
® Failing labels far the owners of property located within 350 feet of the
boundaries of GRE's Efk River campus. .-~ .
~~a.
- - .~~
~~ ~ ~ ~,~
~,7~~.
f
A To~lchstone Ez~e~•~y° C~ope~ative ~~~ Contains 100°/~ ~7ost consumer ~~~aste
Ms, Rebecca Haug
Aug ust ~ 1, X009
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 co~ire 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 co~ire a maximum o~ X00 tons o~ TDF in
any day and ~ 00 tons per day based on a 30-day rolling average, Prior to being able to
cotire wood and wood wastes, the MPCA may have to issue GRE an amended air
emissions permit.
GRE has cvrnpfeted testing during which TDF was co~ired with RDF. Analytical results
are expected this week. Grace we receive the data, we will review and summarize the
data and submit it to the City.
l~you have any questions on the information contained in this letter, please contact me
by telephone at X703} 445-52~ 0 or by email at MStrohfus@GREnergy.com,
Sincerely,
GREAT RIVER ENERGY
~G~~/~~
Mark Strohfus
Environmenfial Projecfi Leader
Enc.
c; Timothy Steinbeck, GRE-ERS
S:I~egall~nvironmentallRRSlAirlCity of ~R - Cond.UsePermit1~0~9 Alt Fuels AmendmentlER CUP Aft Fuel Amendment V2.dao
October 6, 20x9
Rebecca ~-~aug
Environmental Administrator
City of Ells River
:~ ~~U6] Orono Parkway
Elk River, MN 55330
Re~~~~ F~ oCJ 1
77009
RE. Great River Energy OGRE} proposal to feed Tire Derived Fuel TDF' at the Ells River
~ ~
Station
Dear Rebecca;
Lie~ch A~ssr~ciates,~inc. has reviewed the refe:rcnced propas~l; the e~istin~~ air emissic~:r~s ermit
b p
for the Elk. ~Pa.ver. Station, andrecent test burn ~an~lytic~ll data-~~~_r~~vided b ~.CrR.E~ ~ 1n ~A~c~itian a
. Y ,
meeting v~rith~CrRE~representat~ves ~~as~~attended~~to'discuss tl~e~propbsal~~and test burn ~re~u:~.ts i.n
.
more etazl on ~epte 1 y 2009 ~ ...., ' :.~ . ... ....~ ~ ~ :. ~ - .
m.ber.2 -a .y
,.
. .. -
The existing air emissions pe~~xr~it issued by the l~1in~~esata Pollution Control A enc NIPCA
g y~ }
dated July 1, 200$ allows for the use of T'DF gas ~: fuelinput at a rate not'to exceed 200 tans er
p
day ~tpd} in any 24~laour period and 100 tpd on a 3 0-day rollin avers e,
g g
TDF is proposed to be delivered in covered trailers, off loaded and stored in the existin RDF
g
building. ~t will be conveyed to the power station using the existin RDF covered conve ar
g Y
system, Ash from the boilers w~11 lie removed and disposed of at floe current ash land~~ll in
Becker. No changes in the curz~ent air pollution control systems are ~•o osed.
.p p
A test burn of a RDFITDF mixture was conducted an Au
gust 10-13, 200. Interpall
Laboratories, Inc. conducted the testing and ~a.nalytical work. Ash and air emissions anal ses
y
were completed. TDF was fed at rates from 85-165 tpd but at a~a average rate of 135 t d over
the last three da sand : ~~ o p
y up to apprc~xzm;ately .~0 !o of the total bailer fuel feed by weight.
Ash testing for metals vacs conducted on fly and canlbined fly and bottom ash. A sam le of
p
TDF itself was als~i~analVZed far metals. l:n additi~~n, an asl~ sample was anal zed using the
TCL ~ y b
P~procedure,to determine~if.~TDF uro~~ld ~hange~theAt~xicity~o~'tl~e ash cousin itto~l~~.
g
regulated a~ ashazardous w~~te~. 'The results o~~ the ash ~analy~]es did -not- enerall show an
g y y
significant changes to previous RDF ash chara.c~teristic~s or %axicit T levels of metals: An
y
exception ~s zinc, which was present at approxi:~~aa~tely twice the previous avers e ash
g
concentration from 19~ 1-2008}, The TDF feedstock has steel belting remnants resent anal is
p
believed to be a likely source of the zinc in the asla.
www.li~sch.eam
L.~E$CN AS50CIATES, INC, ~ ~ ~4a~ ~ STN AVENUE N~RTN ~ MINNEAPOLIS, ~`'~~ 5544 ~ ~ 7~~~~}8g-~ ~ ~Q ~ SAX; ~~3~~$9-~ 1 Q ~
y rw _~ _ Fes`:, ~ ~ '`.~z'-'m~txP" ,a~' r~^"waeP~ ~n'Hx'.~~ ~_ ~~ri-~~" ^ .~.T. .~.,,`"„" ~.y~c~`°"y~ wri rvry".'~i'cv
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_ _ t ~~w.a- ~..- pa,,.,. ~~ ~~. ~~~ "~~..u.~r»A` Y?~" ~ ~"-~~:vKl I r:' F.e at. ~ '^i;~J.,-. L ~ 4. ek~~~L'1 y -~"r
~'~ ~~"ia~ ..~._r.,.,t....~.'^.,T..ixe~-a°:.«:v"~:.~:~ae'~ -•~~~- ,r~~' .+ ."a.~S~~.~]e.rr. y.,~,.,~~ 2e'
Rebecca Haug
City of Elk River
October 6, 209
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 ~C~}, sulfur dioxide ~Sa~}, carbon monoxide ~~~} and ten
metals. Certain parameters such as C~ and NQX were reduced and n7ost showed no signi~~cant
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 en~issions are
currently not regulated by MPCA. Further 1VlPCA current air emission risl~ assessment
program does not establish a toxicity factor for zinc, The S~2 emissions, while higher than for
historical l0~% RDF firing, we~•e below the permitted en~ission rate. S0~ is currently
monitored by CrRF using a continuous emissions monitor, which is calibrated eve~•y day. Using
CEM data, the plant operators can adjust the TDF feed rate to control any S~~ exceedance
issues.
~n 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 Ell{ River Station,
Liesch Ends no technical reason to deny the CUP request to co-fire TDF with RDF.
Should you have any questions, please contact me. Thanl~ you.
Sincerely,
L~E~C~ AS~~C~.ATES, :NC.
~..
ohn Lichter, P.E.
Environmental Engineer
w:lezav1648131gre tdfreview ltz• 10 a 1 ~9.doc
www.liesch.com
THE ~IESCH CCIMPANIES ~ MINNEAPOLIS ~ CHICAGO ~ x.05 ANGELES MADISON ~ MILWAUKEE ~ PHOENIX
AMENDED CONDITIONAL USE PERMIT N0, 87-10
For
Great River Energy OGRE} 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. Octabe~• ~, 2009 subj ect to the
following terms;
1, This Amended Conditional Use Permit No, 87-10 the Permit} is for the
construction and operation, on the propel•ty identified in Exhibit A
attached hereto, of the Great River Energy Waste Burning Facility as
described in the Draft and Final Envi~•onmental Impact Statements for the
Anoka County Refuse Derived Fuel Resource Recovery Facility dated
April 1986 and July 1956; 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 24,198; and ~2} "Responses to the City of Elk
River Concerns" transmitted to Mayor Richard Hinkle on August 19,
198G; and {3}correspondence from permittee to Nlayor Richard Hinl~le
dated October 13,1986; and as described in the application of United
Power Association ~Pe~•mittee} for a Solid Waste Facility License to
permit the operation of a Waste Bzu~~ing Facility the Facility}; and in the
November 3 0,1989, November 13,1991, November 3 0,1993, November
22,1995, November 2,1999 and December 19, 2003 applications of
Permittee far renewal of the Conditional Use Permit for the Facility; and
as further described in correspondence from Permittee to the City's
consultant, John I~Iovning of Cedar Corporation, dated January 23,1987,
and in correspondence from Permittee to the City dated March 22,1990,
July x,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 tlae ~•eferenced documents
sha11 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 pant of this Permit,
~ . All utility and street construction plans and specifications as presented by
the Pe~~m.ittee far 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.
~. The City shall have the right of access to the Facility and site. The City
need not give prior notice to the Permittee far designated personnel to
access the Facility or site during the hours of x;00 a.m. to x;00 p.m.,
Monday through Saturday, or if any emergency occurs, At any other tinge,
at least twelve ~1~}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 perfo~•m its contractual obligations,
7. All employee or visitor motor vehicles associated with Facility operation
shall be parked on Facility propet~ty or an adjacent property owned by the
Permittee, but not on adj acent lands not awned 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.
8. The City shall be notified by the Pe~~.nittee 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
hand applicable amendments}, or Permit for a V~aste Processing Facility
and System, Na. Sw-305 and NPDES Permit No. MN0019SS.
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
hand applicable amendments} a~ad NPDES Permit No. MN0019S8,
consistent with the reporting requirements for each individual permit. T11e
Permittee shall notify the City within 24 hours of discovery the release or
spill of hazardous materials which could endanger human health or the
enviroxunent.
9. This Permit authorizes burning at the Facility of up to 1,050 tons per day
of RDF using a 1 ~-:month rolling average.
10. "This Permit authorizes burninU~ fire derived fuel at a rate not to exceed X40
tons er da in an~r ~4Al~ou~° eriod. and.lo0 tons er da r on a 30~dav
~~ollin avera~~
This Permit authorizes bu~-~~.in~ wand and woad waste excl.udi.n~ treated or
aimed wood i1` a ~roval is ranted from tl~e Minnesota Pollution. Control
A ~ enc r ~PCA~ , Eurnin~ of t~'eated or aimed good shall not be allowed
u~.a.less and until a royal is received from. the .~~PCA and tl~e ermittee
has coin l.eted such testing as tl~.e Cit T shall re wire.
1~~. All RDF and AshWhauling trucl~ traffic must enter the Facility site directly
from Highway 10, Highway 169, or Great River E~aergy Drive; and must
exit the Facility directly onto Highway 169, unless otherwise approved or
directed by tl~e Environmental Administrator or hislher designees, All ash
or other haul trucks leaving the Facility shall be securely covered so that
na ash, or other pa~~iculate matter may escape.
13~. Final plans and specifications for the Facility must be reviewed and
approve by City staff andlor consultants prior to the issua~ace of a building
permit for the Facility.
1~4. No RDF or Ash t~~ucks may be washed at the Facility unless prior approval
is give~a by the City.
1~5, RDF receiving and handling areas in the Facility shall be fully enclosed to
co~atrol 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 passible to control odors, zf, in the judgment of City
staff, odors migrating off the facility site continue to be unacceptable, staff
may direct Per~nittee 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,
1~~. The Facility shall not undertal~e but~~ing of RDFor alternative :duels unless
all necessary permits are in place.
3
1~7, The Permittee sha11 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.
1 ~~, The Per~nittee shall reimburse the City for any and all expenses associated
with Facility-related improvements to any city streets used by vehicles
transporting RDF or Asla 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,
-~19. No exterior storage of RDF, alternative Feels or Ash shall be allowed.
RDF which is burning or smoldering when it arrives at the Facility maybe
temporarily deposited outside, in an area approved by City staff, for the
purpose of putting out the fire. The designated fire f ghting area shall be
hard surfaced and diked if there is evidence of fire suppression water
runoff to unpaved drainage areas.
-12~. The Permittee represents and warrants to the City that the Facility shall at
all times comply with the perfot~nance standa~°ds descriptions and
representations made in the Permittee's application for a Solid V~aste
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,
~ 1 ~, The establishment and operation of the Facility shall at all times fix11y
comply with the terms and requirements of this Permit and with tl~e 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 5 $, A~~ticle III
andlar said license which are ~aot specifically set forth in this Permit.
~Z~, 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 5 8, A~~ticle III of the City Code and the
requiren~ents of Chapte~° 7035 of Minnesota Rules, Ash deposited in the
state of Mi~lllesota shall only be permanently deposited in solid waste
management facilities which have been specifically designed for Ash
disposal; which have been approved by the Nlinnesata Pollution Cont~•ol
Agency for Ash disposal; and which are equipped with a liner and leachate
collection system adequate to collect all leachate which maybe generated
4
at tlae Site, Any reuse of ash and residue, shall be subject to approval of
the Minnesota Pollution Control Agency,
2~-~, Re~~onsibility,for Costs:
A, The Permittee shall pay all direct costs Incurred by it or tlae City in
conjunction with the application for this Pe~~mit and the
development, operation, and regulation of the Facility, including
without limitation legal, planning, consulting, enginee~ying, 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 11o1d 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
reimbu~•se the Permittee all of its costs and expenses incurred on
behalf of tlae City in connection with the foregoing, Nothing
herein shall be construed to p~°ohibit the City from selecting its
own counsel to act as co-cou~asel in the defense of such matte~°s.
The Permittee agrees to indemnify, defend, and hold harmless the
City of ~11~ River, its Council members, officers, and employees
from any claims or damages arising out of any acts or omissions on
the pa~•t of the Permittee and any of the participating counties or
their commissioners, agents, or employees in the performance of
the counties' contractual obligations under tl~e agreements with the
Permittee, from any strict liability imposed upon the City pursuant
to Minn, Stat. ~ 115B.o1, eta, 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 pant 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 granti~ag of this Permit for the Facility.
The indemnities provided in this paragraph B are subj ect 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 Pe~~rnit is
intended to waive the immunities to which floe 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, Tlae Permittee shall reimburse the City for all costs incurred in
enforcement of this Per'mrt, including consultant and attorneys'
fees. Failure by Permittee to reimburse City within for~ty~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 tl~e 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. NTN00019SS by
the Permittee shall entitle the City to any and all remedies
available at law or in equity, Tf the City deter~r~.ines that such
violation results ir1 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. Tn all
other instances, the immediate cessation remedy shall be preceded
by a hearing as provided by City ordinance.
C, Tf 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, Ta be binding,
6
amendments or waiver's shall be in writing, signed by the
Pel~nittee, 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.
-~;~5. Notices, Required notice to the Permittee shall be in wr1t11~g, 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 553~o-oSOo
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 hail
in care of the Environmental Administrator at the following address:
City of Elk River
Attn: Envirolunental Administrator
13065 Orono Parkway Nw
Elk River, Minnesota 5 5 3 3 0
2~~, Re~riew. The terms and conditions of this Pel~nit and compliance by the
Permittee shall be subject to review by the City prior to January 31, Zo 11,
The City reserves the fight to revoke, amend, or impose additional
conditions on the Facility or the Perlnittee at such time taking into account
the advancement of scientific l~.aowledge relative to the health effects of
the Facility, the Pe1.lnittee's degree of compliance with current Permit
conditions, and the criteria and standards of the City Code and N~innesota
law.
7
The undersigned, on behalf of the Perm.ittee, represents and binds Perrnittee to tlae
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 Pennittee, and a
resolution documenting such authority is attached hereto.
PERMITTEE: GRE
By:
Tts:
STATE CAF M~NNE S ~ TA
COUNTY GF SHERBURNE
The foregoing instrument was acl~nowledged before me this day of ,
200~~, by ,the
of Great River Energy, a Minnesota corporation, on
behalf of the co~~poration.
Notary of Public
THIS INSTRUMENT wAS DRAFTED BY.
Environmental Division
CITY t~F ELF RIVE
S~I~II WASTE ~ACIIIITY IJICI~ISI~1
.AT Y~R. ENEI~~Y 4GF}
wATE ~~ I~~ ~'ACIIIITY
This Solid waste Facility License the License} is hereby issued by the City of
EII~ River the City}, pursuant to Chapter 58, Article III (the Solid waste Ordinance} of
the City of EIk I~.iver Code of Ordinances the City Code} to C-R.E 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},
I, This License authorizes the establislunent and operation of a waste
Burning Facility which will burn a maximum of one thousand fifty ~1,DSD}
tons per day of refuse derived fuel ~RDF} using a 12amonth rolling
ave~•age and will burn Tire Derived Fuel TDF as determined b the
l~~:PCA at a rate ~~ot to exceed ZDD tons er da in an 24whour eriod a~~.d
1 Do tons er da on a 30~da rolling a~lera~e, Durnin wood a.nd wood
waste excludin treated. or aimed wood will be allowed i1' a ~~•oval is
ranted froze the l~Iinnesota Pollution Control A enc I~~PCA . Bu~~~.in
of painted wood will not be allowed u~~less and until a ~ royal i.s ~•ecci.ved
from the MPCA and. the Licensee leas successful) r com leted such testin
as tlae Cit s~equire. 11 operations shall be, as described in:
1. Licensee's Application for a Solid waste Facility License to Permit the
Operation of a "V~aste Burning Facility" and supplemental
correspondence from Licensee to the City's consultant, John I~lovning of
Cedar Corporation, dated January 23,1987; Licensee's November 30,
1989, application far renewal of the License for the Facility; Licensee's
November 13,1991, application far renewal of the license and
supplemental correspondence from Licensee to the City's Consultant
dated November 2D, 1991; Licensee's November 30,1993, applicatio~a for
renewal of the License; Licensee's November 22,1995, application for
renewal of tlae License; Licensee's November 2,1999, application far
renewal of the License, ~-Licensee's December 19, 2DO3 application for
renewal of License and Licensee's Au ust 31, ZaD9 a lication for
re~aewal. of 1:.,icense, including all attachments thereto;
~2, The Air Emissio~as Permit No.141 DDOD-D~3 hand applicable a~~aendments},
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:
l . Satisfying the standards set forth in the Elk River City Code of
Ordinances, including Chapter 5 8, A~~ticle III and Chapter 3 o thereof;
2. Promoting compatibility with and minimizing any potential adverse
effects upon properties and neighborhoods add acent to the Facility or
WItl11n the C1ty;
3, Protecting the public health, safety, and general welfare;
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
7II, 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 whicl~ are hereby
made a pa~~t 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 andlar consultants prior to
the issuance of a building pez~nit for the Facility,
3. Incorporation of MPCA Permit and Regulations, The terms and
.. .
conditions of the MPCA Permit and all 1VIPCA 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 tal~en to correct said violations.
4, Inco oration of Amendments to MPCA Permit or Re ulations. No
amendment or change to any term, condition, or requirement of the MPCA
Permit or Regulations shall be incorporated into this License o~• become
effective with respect to this License until the City has received notice of
the proposed amendment an has specifically consented thereto by
5;~~3~i#~~.kllll~„~ 11~'r~li11Ci35F`. ~~~l~t~ti~~:llX7tC.~! ~~~l~~i ~~'f''1~~'.I't`~1C(~l'il~$.~~~-Cl,,`:,t~if•_t,irz~:~r f~t~~,~~;~„~':r,i,~~'~~1 + . ~ ~ iv , "'
amending this License to inco~~porate the MPCA Permit Amendment,
except those amendments which impose stricter performance, performance
standards, testing or reporting requirements on the Facility.
5, Reporl~n~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 Enviror~n~ental Administrator or hislher
designated representative specifically notifies Licensee in writing that
copies of specific documents will not be necessary. Materials which must
be p~°ovided unless declined include, without limitation, all plans and
specifications; performance testing and monitoring results; testing and
monitoring plans; the asla management program, including the ash disposal
plan and ash evaluation reports; and all emission inventory reports.
~, Incorporation of Solid waste Facilities Ordinance. The Facility and
--- - .-- x-- .... ...~ .........._. _.._..--
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
5 S ~ 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 alad shall advise the City as to what steps will be taken to
correct said violations.
7. Incor oration 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 tlae Facility ~tl~e
"CUP"} and with the City's Land Development Regulations Ordinance,
including the performance standards set forth in Division 5, Subdivision ~'
thereof, Any violation of the CUP or the Zoning Ordi~aance 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 tal~en to correct said violations.
8. Performance Testin . In addition to all testing and monitoring required by
the MPCA Permit, Licensee shall test the emission levels from the Facility
of Polychlorinated Dibenzopp-Dioxins ~PCDD~ and Polychlorinated
Dibenzofurans ~PCDF~ (Dioxins and Furans} and the following heavy
metals every twelve X12} months: arsenic, beryllium, cadmium, chromium,
lead, mercury, nickel, and selenium.
9. Hazardous and_Dang~rous Wastes. There shall be no burning of
Hazardous waste at the Facility. There shall be no hurling 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 govez~ning
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
5:~~}l<~~ 1'11f'1+=r 1~1~a111.1Cc1.~~ '~1i~f~5~Gl.E _ ~tiGll f)~)wJ.~ {~c~~:'+.E~rc:lic~clr~~~t.c~l~~c~ :', ~ ~.. ~ ~r'~~«=~~,,~~~,.~'~nn~~,,,~,~,_ ;~~~r~ ; ~ r ,
shall advise the City what steps will be tal~en to contain and cleanup any
such release or spill,
10. Sto~~ageAreas_ ~o„be Fully„Enclosed. All RDF receiving, handling, and
storage areas at the Facility, shall be fully enclosed and sprinl~led,
including the pit in tlae receiving building, the hood over the conveyor in
the receiving building, and the entire RDF conveyor from tlae receiving
bulld111g to file burners. Adequate ash storage facilities shall be provided
to insure that under no circumstances will ash be stored in an~~thing 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 trucl~s leaving tlae Facility shall be
securely covered so that no ash, residue, or other particulate matter may
escape.
11, Ash_Di~~osal, All asla shall be permanently transpo~~ted 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, Asla disposal shall strictly comply
with the requirements of Chapter 5 S, Article ~~I of the City Code and the
requirements of Chapter 7035 of Minnesota Rules. Ash deposited in tlae
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 naay be generated
at the Site,
~ ~, RDF and Ash trucl~ Haul Routes. To naininaize the impact of the Facility
on other land uses and activities in the area, all trucl~s hauling RDF or
alternative fuels to the Facility from Resource Recovery Technologies,
LLC ~RRT} must enter the Facility directly from Highway 10, ARE Drive,
or Highway 169. RDF trucks returning from the Facility to the RRT
Facility shall use the following route; From tlae Facility directly onto
Highway 169, Highway 169 to Highway 1 d, Highway 1 ~ to 165t~' Avenue,
and from 165t~ Avenue directly into the RRT Facility. All ash and other
hauling trucl~ traffic must enter the Facility directly from Highway ~ d,
GRE Drive, or Highway 169; and must exit the Facility directly onto
Highway 169. As needed, routes other Haan thane described above may be
approved or ordered by the Environmental Administrator and hislher
designees, incoming and outgoing traffic from the Facility shall be
controlled by the Lice~asee in such a manner as to provide orderly and safe
ingress and egress and so as not to impede or interfere with general traffic.
..
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13. Si na e. 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 tl~e License application fee and
annual License fees required by Chapter 5 S, Article III of the City Code,
15, Inspections, Licensee shall make tl~e Facility available for inspections as
required by the CUP and Chapter 5 S, Article III of the City Code,
1 ~. Insurance and Bones Tl~e License shall not take effect until tl~e
insurance and bonding requirements set forth in Section 5 S ~ 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 5 S, Article III of the City Code. Renewal of this
License shall be governed by the procedures and standards set forth in
Section[s] 5S-12S, 58129 and 5$-130 of the City Code,
18, Suspensio~a and Revocation, This License is subj ect to suspension andlor
revocation pursuant to the procedures and standards set forth Chapter 5 S,
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 5 5-13 0 of the City Code, the City may proceed to seek
enforcement of this License and the Solid waste Facilities Ordinance
under Section 58M103 thereof,
20, ~ndem~~fication 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 far 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 cou~~t with jurisdiction over the matter
to Dave been caused solely by the willful conduct or neglige~ace 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 sha11 reimburse the Licensee all of its costs and
expenses incu~~red on behalf of the City in connection with the foregoing,
Nothing herein shall be construed to prohibit the City from selecting its
4;! 1c~S1t11.1.1~' .111.r~illlCcl`~~ ~'i~e,5is;€~?1G€~ tl~-1.9 ire.I~.~r~:1.~cd~-<~~~'t.t~~s~~~';~;-~~~~~~~~~,z,,, ~~r~:~_~~~~,,,~;~M„~~;, ,~~,r,
own counsel to act as co-counsel in the defense of such matters. The
Licensee agrees to indemnify, defend, and hold l~annless 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 pa~~ticipating 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.se .for the release of
hazardous waste at tl~e 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, requireme~ats, or claims for damages arising
out of the granting of this License for the Facility, The indemnities
provided in this paragraph 20 are subj ect to the limits of liability set fo~~th
in Mil~nesota Statutes Sections 466.04 and 466.06, as ame~aded from time
to time, if effective as to the particular indemnified action or claim.
Nothing in this License is intended to waive file immunities to which the
City is entitled by law.
21, ~Uaiver 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.
~2, 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, A~•ticle ICI of the City Code. Failure by Licensee
to reimburse City within forty-five X45}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 Bindin .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 poz~tions of tl~e
License.
s:l~l<~t~ati~~~ ~~~~~i~~:~~a~c~ ~~'E1~si~;€lj~iCU t~~)w 1.9 ~;a~~'~~~c~~icc~~,;,~r~~,c~i~~c~ ~:', a ~ ' ~ ., ....f .~ ~,,. ~ ., ~ , _ . ,`.M a
25. Amendments or waivers in w~'itln~, The action or inaction of the City
shall not constitute a waiver or amendment to the provisio~as of this
License, To be bi~ading, amendments ar waivers shall be in writing, signed
by tlae Licensee, and approved by wz'itten 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 writizag, 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 NFU
Elk River, Il~innesota 5533D
Notice to the City shall be in writing, and shall be either hand delivered to
the Enviro~~m.ental Administrator at the following address:
City of Ells River
13065 Orono parl~way Nw
Elk River, Minnesota 55330
Attention; Environme~atal 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 ail of the terms and
conditions of this License, the conditional use permit for tl~e Facility, and Chapter
5 8, Article X11 of the City Code,
V. In no event shall operations at tl~e Facility commence until all of the terms,
conditions and requirements contained in or incorporated into this Licensee have
been net, including all required tests, repo~•ts, and inspections.
Dated: By:
Stephanie A, Klinzing, Mayor
By'
Rebecca Haug, Environmental Administrator
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CONSENT ~F 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 5 S, 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:
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