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6.3. SR 02-16-2010'® ~en~ un~rer Ci Council G.3. ends ~ct~~n e~tin ate r~r~ Community Development Febtua~y 1 G, 20 ~ O Rebecca Haug, EnviLOnmental Adm~.nistiato~ stern ~scrit~~n ~~iee Request fog Conditional Use Pe~nait and License Amendment} Loii Johnson, Ci Administ~ato~ by waste Management fog Ells Rivet Landfill, Case No. evde~ Y CU 1002 -- .~ub.~r'c .Hearzr~~ Peter Becl~, Ci Atto~.•ne ct~®n quested Staff and Planning Commission recommend app~•oval to amend the Ells Rivet Landf~l.l's ~ERL} Conditional Use Pe~•mit SCUP} with modifications, Staff and Planning Commission xecommend appt•oval to amend the Ells River Landfill's ~ERL} Solid `~Iaste Facility License ~SwFL} with modifications, urna~r The Ells Rives Landfill is requesting to amend their Conditional Use Pefmit and Solid Taste Facility License. The City Code of C).~dinances requites that all Solid waste Facility Licenses in the City expire every two yews from the date of issuance, The City has always amended both the CUP and License every two yews since much of the language is the same in both. The cut~ent CUP and SwFL fof the ERL expire on Feb~•ua~y 17, 2010 and that is the feason fog r11is request, Staff and the Applicant have p~.•oposed some changes to the existing CUP and SwFL. Many of the changes aye considet•ed housekeeping. Het•e ate some of the mope significant changes to the CUP and SwFL: ~a~dxtio~al Use Petm1t ~C~JP} 1. Demo~itxon I~eb~'~s. The Applicant and staff have agfeed to remove the sections that relate to demolition debris, as the afeas of the landfill. which accept demolition debris are all located in Livonia Township. 2. Pa~a~~~ap~ ~ ~uffe~~ ~o~e/~c~ee~i~~. Pa~ag~aph 3 of the CUP cu~~ently Leads as follows. "A Buffer Zone shall be established withita. the pe~.•imete.~ of the Landfill P~ope~ty mound the waste disposal areas of not less than ZOO feet, except on the north side, Within this Buffer done, no waste disposal may occuf. The Landfill shall develop an invento~.y of significant gees within. the buffe~• zone, The preservation of gees within the buffet• zone shall be provided fog during the construction, operation, and closure of the Landfill. Said plans shall be iil compliance with the screening plans dated, May 28, 1999 and, which are inco~.•porated into the Sherburne County's license fo:r the Landfill," S:~Council~Rebecca~ERL CU 10-~2-CUP 21610.doc Staff is recornfnending that paragraph 3 be amended through the italicized changes, to read: "A Buffer Zone shall be established within the perimeter of the Landfill Property mound the waste disposal areas of not less than 200 feet, except on the north side. within this Buffer Zone, no waste disposal may occur, The Landfill shall develop an inventory of significant gees within the buffer zone. The preservation of trees within the buffer zone shall be provided far durln~ t]~e const~.•uction, operation, and be included in the end use plan to be submitted far approval lay .December 3 ~, ZO ~ ~ by tj~e City," At the Planning Commission meeting on Tuesday, February 9, 2010 the Applicant was in agreement with this change in the language. 3, Paragraph 4 (Z9} Ce1117. The applicant has recently submitted the "Cell 17 Perimeter Berm Base Grades" Plan dated February 2010} which provides additional engineering design detail for the final landfill cell, The newly submitted plan demonstrates site development to match the approved 2001 Final Contour Plan for the Site. Staff is recommending a revision to paragraph 4 X29} which would require Applicant to Submit additional information to clarify Cell 17 perimeter berm ~or south side slope} const~•uction. 4. Paragraph 4 (~~} A1~erna~ive Cover. Staff agrees with the Applicant's request to allow alternate cover and recommends adoption of paragraph 4 X30} as proposed. 5. Paragraph 4 X31} End Use Play. At the Planning Commission meeting on Tuesday, February 9, 2010, the Applicant agreed to provide the City with an End Use Plan by December 31, 2011 since the City Council has not approved an End Use Plan for the site, G. Paragraph 14 Permit Period.. At the Planning Commission meeting Tuesday, February 9, 2010, Staff recommended changing the language pertaining to the permit period for the CUP. Staff and the Applicant have agreed to omit the language stating "until February , 2012." Solid waste Facility License (SwFL} The Applicant's SwFL does not include a section on buffer zone/screening, but does include sections on Cell 17, Alternative Cover, and End Use Plan. Staff recommends the same revisions made on those items in the CUP be made ,in the SwFL. 1n addition, the SwFL includes a section Section 1 ~9}} on Dust, Noise, and odor. Staff and the Applicant have agreed to add language to that section related to odor to include: "The Permitee agrees that it will use best management practices to control against odors. The Environmental Administrator nay mare recommendations regarding possible odor controls. If a verified odor problem is ongoing, both parties agree to institute good faith negotiations to min~ina.ize the odor problem. If in the event that the City ~.•eceives ten or more complaints within a six~hour period relating to a single odor description and this odor complaint has been ~rerified by both City and Permitee and identified as coming from the Facility, the Pern~itee shall cease such activity~s} that are the direct cause of the odors}. Normal activity~s} shall not resume until the Permitee has, to the satisfaction of the City, fully mitigated against such odors}." All of the changes recommended in this staff report are included in the attached CUP and License. S:~Cour~cil~Rebecca~ERL CU ~0-02-CUP 2 ~G 10.doc ttce~ts Location/Site Map ~ ERL Application ® CUP fo.~ the facility with recommended changes included ~ S~1FL fo~~ the facility with recommended changes included ~ Letter f~iom Jacl~ Pe~~y dated Janua~.~y 28, 2010 ~ Letter to Deb ~lalte~s dated Feb~ua~y 3, 20I0 ~ Email fiom Deb walte~s dated Feb~ua~y 9, 20I0 ® Letter to MPCA dated Maich 1$, 2005, f~otn Stephanie Stoltz, ERL ~ Resolution approving the application of Ells Rivei Landfill, Inc. for an amended conditional use permit and license fog the existing Ells Rives Land~tll The Planning Comilv.ssion reviewed the request at them meeting on Febi~ua~y 9, 2010. The cofninents ieceived duping the public hewing pertained to the End Use Plans, S.~Council~Rebecca~ERL CU 1~-~2-CUB' ~ 1G ~4.doc Wd ~~~LZ~t OIOZ/tZlt'~~~'d~W ua~~eac~l1lli~Pu~1 a~n!~ ~1i3 ZO-Ot fl~ldf~~lsal~d as~~1JNIPJNd1d1~S APPLICATl~NS M-~Y ~~ ACCEPTE®UP T~ I~iVE wEEK REF®RE DEADLINE DATE See Pianning Camrnissian and Cit}- Council Meeting Schedule Page 5 of the Land Use Application form) Case Number; ~° Ca ,. City of ~~ ver ~An indi~~idual a lication for each application is ~.so required} Application Type fee Escrow ~`Addi~iona~ App, Req'd .^ tT~ 1 5ey S .r n `~.I~yK ~ J(1 4{ T~ ~~ r ~ ~ ~ ~ 4 ~ ~ ~ ~ , ~ ~ {(((~~~'{f~~F ~~ _ s V!y "{[} ;r~f..~J. 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'""r 'ey._ "~=C Y ~ `m ~ ~.w °C ~'..,:~ l:~ ~;'.~ "~~~ I -:a .. dN r , ~.:nL i'~, ..C 9.1"-." .. ~ 7 `'r~" .. ~ _ Sipe Pia ~e~~-~e~~r " ~ ~ s r _ . ~: . - A, , :. ~ .. ~- ., _. ~ =. ,. _.._ Varjai~ce or A~pea! of Zoni~-~~ ~eci~~on $~OO,~Q Yes -- - ..w -~ RECORDING FEE A s w/Na Escrow ............. $4G.0~ Yes ur ose ® ~~~ and scrow Fees The application fees are used for staff time for case review and preparation of documents, publication of the public hearing notice ~. the EJk River Star News, and for postage to mail the required notices to adjacent properties, These fees do not include recording fees or additional publication fees, Escrow The City uses consultants for engineering, legal, and environmental reviews, The escrow is used to pay these consultants for review of land use cases, as well as recording and publication fees, where required. Qnce the escrow is used, the applicant or responsible party will be billed for all additional services see Agreement to Pay Costs of Review, Prope~Yy Inforrv~ation Address: ~ a ~{ ~ ~ ~~ ~~ ~ (l' ~ ~ Parcel Numbe : 75 - - ~ (~C ~ i U -~ ~' Legal Description: (attach if necessary) ,. ~ ~ (~ (~ ~~~ 5;1PLANNING M.AIN~Adrnin~Application Forms~Land Use Application dorm 2009,doc 2/2~/~OD9 Last Modred 2~Q9 Land Use Application Form Page 2 2Jzo/zoQ9 Last Modified p~~icant ~n®rmati~n Name; ~ ~~ fl ~ 1~ ~ ~ ~~ ~ ~ ~~ ~ ~ E-mail address, [~..~ ~ +~ ~~1~' ~~~~~ _ .~ f Address, ~ (~.~ r ~ ~..~~~~ ~ % ! U ~~ ~n,~ ~ ~ .~ Street Cite State Zip Code Phone ~w~; Fay;; Phone ~H}; I prefer that any capy of staffreparts be sent by; lsr Class .Nfazl ~ Fax ~ E-mail ~ (Chcck one) Signat~~re; Print Name; Date; pry art ~rr~~r ~n~®rP°Ylat[~n Same asApplr'cant Drffere.~t, as below (Checkor~e~ Name: E-mail address; Address; Street City State Zip Code Phone (w); Fax; Phone ~H~; I prefer tbatmy capy ofstaffreports be sent by; 1Sr Class Marl ~ Fax ~ E mad ~ (Check o.~e~ Signatiuxe; Print Name; Date; I~~It~ In~®@"~11a~t1®n Same asApplfcant Same as Prope,~tyQ~v~ex ~ .D.rfferer~t, as below ~ (Check aye) Name; E-mail address. Address, Street Phone (w~; Fax; Signature; Print Name; ~r~enn~nt t® ay ~sts o evie~; Citsr State Zip Cade Phone ~; Date; It is the policy a£ the City of Elk River to require applicants for land use approvals and licenses to reimburse the City for casts incurred by the City in reviewing and acting upon applications, sa that these casts are not borne by the taxpa~rers Of the City, These costs include all of the City's out-af-pocket casts far expenses, including the Cit~t's costs for review of the application by the City's environmental Consultant, City Engineer, City Attorney, ar other consultants, recording fees, necessa~.y publication costs excluding public hearing notices, and may also include a charge for extra staff time to process particularly complex applications, The City will invoice the applicant far these costs as they are incurred, and payment will be due within thirty ~3Q~ days, Zf payment is not received as required by this agreement, the City- will suspend the application review process and may deny the application for failure to comply with the requirements far processing the application, Payment far costs will be required urhether the application is granted or denied, The undersigned has received the Ciry's policy regarding the payment of costs of review, understands that reimbursement to the City of costs incurred in reviewing the application will be required as set forth in the policy, agrees to reimburse the City as required in the policy and make payment when billed by the City, and agrees that the application maybe denied for failure to reimburse the Cite for costs as provided in the policy. ~narire; Date; 1 .. ~~FAi.• ~ ': Print Name; ` ~ -~ ~ ~ Se~PLANNING MAIN~Admin~AppGcation P'orms~Land Use Application Form Z009,doc CYTY ~F ELF RAVER AGREEMENT FC~R ~S~U.A~CE ~F AMENI]ET~ CNI~rTr~NAL 1USE PERMYT THIS AGREEMENT, entered into and effective this 1Gth day of February, 201D~by and between the CITY QF ELI RIVER, a Minnesota municipal corporation, thereinafter referred to as the City}, and ELI. RIVER LANDFILL, INC,, a Minnesota corporation thereinafter referred to as the Pe~m.ittee}, which is a wholly owned subsidiary of ~Iaste Management, Inc. a Delaware corporation, provides as follows; wHEREA.S, the Permittee owns the real properties described on Exhibit A attached hereto ~herei.nafter referred to as the Landfill P~:ope~ty}, situated .in the City of Ells Rive; and WHEREAS, Per•~nittee has been operating a landfill on the Landfill. Property prior to January 2D,1987, and is currently operating a landfill at that location the Landfrl.l~; and WHEREAS, the City adopted an amendment the Amendment} to its zoning ordinance authorizing the designation of a Solid waste Facility ~SWF} district effective January 20,19$7; and WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or conditional use in any zoning district within the City; and WHEREAS, Permittee's landfill operation on the Landfill P~.•operty was a nonconforming use prior to the adoption of the Amendment; and WHEREAS, the appropriate and lawful regulation of the use of land for landfill purposes within the City is a matter of important public need and interest; and WHEREAS, the residents of the City could be adversely affected by the unregulated operation of the Landfill.; and ~1HEREAS, the City rezoned the Landf~l. Property to SwF district and issued a Conditional Use Permit and Solid waste Facility License for the Landfill operation in October,1988; and WHEREAS, the Permittee applied for and on July 20,1998 the City appro~red an amendment and renewal of the Solid waste Facility License and Conditional Use Permit to permit construction of additional cells at the Landfill; and WHEREAS, the City Council determi.n.ed that for reasons (elated to public 1lealth, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level ~MSL}; and ~i1HEREAS, the permittee agreed to a final elevation of no .more than 1120 MSL; and WHEREAS, the Permittee applied on Janua~.y 21.,1999 to the City foa~• amendment and renewal of the Solid waste Facility License and Conditional Use Permit to permit the construction of additional cells at the Landfill; and WHEREAS, the Permittee applied on November 19, 2001 to the City for an amendment of the Solid Waste Facility License and Conditional Use Permit to permit the construction of a demolition debris cell at the Landfill; and WHEREAS, the Permittee applied on March 15, 2004 to the City for an amendment of tl~e Solid waste Facility License and Conditional Use Permit; and WHEREAS, the Permittee has applied on April 21, 2008 to the City for an amendment of the Solid waste Facility License and Conditional Use Permit for the Landfill; and WHEREAS, the Permittee has applied on February 17, 2009 to the City for an amendment of the Solid waste Facility License and Conditional Use Per~.nit for the Landfill; and WHEREAS, the Permittee has applied on December 28, 2009 to the City for an amendment of the Solid waste Facility License and Conditional Use Permit for the Landfill; and WHEREAS, tl~.e City of Ells River Plan:r~ing Commission and City Council have held hearings on the request to amend the Conditional Use Permit, at which hearings all citizens of the City of Ells River and other interested parties have had the opportunity to be heard. New, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Ells River Landfill, lnc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qua icat~ons erelna ter state , to wit: 1.} Scope and Conduct, of„Landfill operations. The operation of a solid waste landfill may be conducted on the Landfall Property in conforfnance with existing statutory and regulatory authority and requirements of the City, Sherburne County the County, and the Minnesota Pollution Control Agency ~MPCA}; and .in. accordance with authorization and limitations contained inn.: ~Q1} the current MPCA Solid waste Permit No. 74 issued to the Perm.ittee; X02} the current Sherburne County Solid waste Landf:E.ll License of the Permittee; S:~PLANNING MAIN~Case >iiles~CUP~CU 10-02 L;R Landfill~LAND}~II~L CUP 2010 21G 10 CC version.DOC Page 2 X03} the current City Solid haste Facility License of the Permittee; and (04) this Permit. Landfill operations maybe conducted on the Landfill Site only in accordance with the plans, descriptions and reports incorporated in said permits and licenses. Provided, however, that the entire Landfill shall have a final elevation of no more than 1120 feet above MSL including final cover, as provided in the Long Term Development Plan submitted to the City dated March 1997, and as revised on April 15,1997. Any changes made to the plans, descriptions, reports, permits and licenses, including MPCA Solid Taste Permit No. 74 and the County License, shall also be reviewed and approved, approved With modification, ar disapproved by the City as described in the current License issued by the City. .2,} Sco e and Conduct of Related fl erations. X01} Rec~clin Cg ester. The operation of a recycling center on the Landfill. Propeity may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions; ~a} The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of ordinances and all applicable federal, state, and county laws and regulations. ~b} The recycling center shall be located and operated as shown on plans submitted by Pe~.•mittee and approved by City staff, 'The recycling center nay accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. ~c} The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff, Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. ~d} Permittee shall place appropriate signage on the Landfill property to direct citizens to the location of the iecyclita.g center. ~e} Used ail recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff. ~f} Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for. battery acid, as approved by staff. fig} Battery, paper and oil starage areas shall be separated to reduce fire potential, as approved by the City Fire Chief, ~h} Peimittee shall have a regular schedule for appliance picl~-up, to be approved by City staff. S:~PLANNING MA7N~Case Files~CUP~CU 10-02 ~l~ Land~r~1~L~ND~{ILL CUP 200 21G 10 CC v~rsion.DOC Page 3 X02} Yard ~;Iaste Com~osti~~., The operation of a yard waste composting facility on the Landfill Property within the City l.itrlits may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to tla.e following conditions: ~a} The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws, and regulations. ~b} The yard waste composting facility shall be located and operated as shown on plans submitted by Permittee and approved by City staff. ~c} ~ll plastics shall be removed from yard waste brought to the facility before composting. ~d} All municipal solid waste must be immediately removed from yard waste anal landfilled. ~e} Tl~e yard waste composting facility must be operated in such a manner as to l~eep odors to a minjmum. if odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breal~s down as quicldy as possible. ~f} The maximum amount of yard waste which may be accepted is 100,000 cubic yards per yea:~•. fig} Positive drainage away from the compost area must be implemented, as approved by City staff. ~h} Yard waste and /or compost may not be used as daily cover for the landfill. ~i} That Permittee is in strict compliance with all other terms, conditions and requirements o£ this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of sections 4, G, and 7, and the requirements of sections 17 and 25 to male prompt payment of all fees and costs due to the City, No yard waste may be accepted at the yard waste composting facility if this condition is not complied with, Permittee must iininediately stop accepting yard waste upon written notice from the City that there is a violation of this condition, 03 at er Re ate ~~erations. No of Zer operations or activities, w et er or not i•e ate tot e Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically allow such operations and to specify the applicable conditions, except mini~lg activities or other operations licensed or permitted separately by City, 3.} Buffer Zone/Screening A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side, within this Buffer Zone, no waste disposal may occur. The Landfill shall develop an inventory of S.~PLANNING NIAIN~Case riles~CUI'~CU 10-02 ER Landfzll~LANDI{ILL CUP X010 21610 CC ~Tersion.DOC Page 4 significant trees within the buffer zone. The preservation of t~•ees withi~~ the buffer zone shall be provided for during the const~.•uction, operation, and be .included ~ the end use plan to be submitted for approval by December 3~, 20~ ~ by the City. 4.} S ecific Additional ~ erational Re u:~•ements. X01} Leachate Transmission Pies, Leachate transmission pipes shall be designed to ensure that ... _ ~.- double containment and adequate leaf detection exists as approved by the MPCA, County anal City. Permittee shall verify to the City every four ~4} years that the existing leachate transmission pipes do not leaf. X02} I~acl~u~ Leachate Pump. Permittee shall maintain bacl~up a pumps for use in the event of pump failure at the leachate sut~ap, wet well and leachate storage tanl~ on~site. As an alternative, the permittee shall maintain provisions for restoring temporary leachate pumping within. a 24~hour period and adhere to the current "Leachate Management Plan" as approved by MPCA. X03} Leachate Holding Permi.ttee shall ensure that the leachate~holding tank is pumped out on a regular schedule. Tt shall be a violation of this Permit to allow leachate to collect on the liner to a depth exceeding one foot due to the leaclaate~holding tanl~ being full. X04} Leachate Recirculation, Permittee shall conduct Leachate Recirculation pursuant to MPCA, County and City regulations, ~n the event tla.at any operational problems occur. from leachate recirculation, the Permittee shall hnmediately cease leachate recirculation and revert to prior method of leachate recirculation unless and until another remedy far the problem is approved by the City, X05} Gas Collection System. Permittee shall conduct active landfill gas collection in accordance with approved plans and shall construct additional phases of the con~•ol system at the time of Baal cover construction. BOG} Phase 1V dater Quality Monitorin~'~Jorl~ Plan, The Phase ~~ Mater Quality Monitoring ~ilorl~ Plan which describes the sampling frequency, paramete~.•s, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter, residential wells, groundwater monitoring wells and surface water shall be updated annually to reflect changes in the monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas cont~•ol system in decreasing ~~C contaminants in the groundwater. X07} Annual Active Gas Control System Assessment. Annually assess the effectiveness of active landfill gas control operations based on the results of groundwater and landfill gas monitoring. Incorporate the evaluation in the MPCA Annual Report for the landfill. ~0$} Construction uali T Assurance Re arts. A Construction Quality Assurance ~CQA} Repast shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover.. A CQA report shall also be submitted for installation of leachate recirculation drain~.eld areas to document position within the cell, suitable base contours and piping elevati.ans The report shall demonstrate that the worl~. is completed to the plan specifications. The Report shall be certified by an e~agineer registered in the State of Minnesota and shall include but not be limited to; S:~PLANNING MAIN~Case £~i~es~CUP~CU 1a-D2 EIS Landfill~LANDFILL CUP 200 21G 1d CC ve~sion,DOC Page 5 ~a} All relevant construction specifications; ~b} All shop drawings fof prefabricated components; ~c} Photo documentation of all critical aspects of construction; (d) Deflection testing Yesults for leachate collection and transmission pipes; ~e} Narrative description ofall as-built variances from the plans and/ot specifications; ~f} As-built cross-sections of the lira.er sub glade; (~ As-built elevations fof all pipe inlets and outlets and pump-on/pump-off contiols; ~h} Completed manufacturer warranties; ~i} All physical testing results for soils and other materials used for construction, ~IO} Petmittee shall notify the City at least two ~2} days in advance of liner battier layer installation of final covet battier layer installation. The Pet•mittee shall assist the City in arranging inspection of the site at any reasonable tune the City requests. The Permittee shall beep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered ~ the geological, hydrological, or construction conditions. The City may reasonably requite work which is coveted or othet•wise obscured prior to City inspection, to be te-excavated for• City Inspection. ~I I} Tem~otary Fencing -- 0n-Site Litter Control. Litter control fences shall be maintained around the wotldng areas} of the Landfill to prevent the blowing of paper of other litter on of off site. The Petmittee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. ~I2} Permanent Fence The Permittee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary, based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping, X13} Public Information., The Petmittee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill. and those substances which may not be accepted tot disposal. X14} Sane Facilities., Adequate sanitary facilities and shelter shall be provided tot site personnel. MI5} Electrical Service. Adequate electrical service shall be provided at the site for operations . an teparts. ~1 ~} Fite Fi_~~, Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines wotl~ita.g in the Landfill, and a water trucl~ shall be Dept available on the site during the active life of the Landfill. The self contained breathing apparatus purchased for the City Fite Department shall be available at the Fite Department tot use by permittee on a temporary S,~PLANNING MAIN~Case Fil~s~CUP~CU 10-0211R Landfill~L~1ND£~ILL CUP 2010 2 16 10 CC Zrersioi~,DOC Page 6 basis, as approved by the Fi1•e Chief. Permittee shall male a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. X17} Sa~ Equipment. Emergency first aid equipment consisting of at least one first aid kit kept near the worl~ing face, and at least one shower on site available to all personnel and customers shall be supplied, At least one of every four landfill personnel shall be trained in first aid and CPR, ~1 S} Mater. A potable water supply shall be available for site personnel. X19} Sto~ f~ Adequate on-site shelter shall be provided foi maintenance and storage, sufficient to supply the equipment required by this section, during cold weather operations. X20} Vehicle Stacl~in~ Facilities. Adequate vehicle stacl~.g facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property, X21} Communication. Adequate communication facilities sl~all be provided for emergency purposes. X22} Securi .Agate shall be provided at the entrance to the site and l~ept locl~ed when an attendant is not on duty. X23} Haul Roads. An all~weather haul road shall be provided to the unloading area and watered on a regular basis. X24} Adequate Equipment. Adequate equipment shall be supplied capable of spreading and compacting the refuse as received, At least one machine capable of covering the worl~.n.g face, in its entirety at the end of the day, shall be supplied. X25} Information Dis la .Subject to approval by the City Council the Perm.ittee shall maintain at each entrance to the Landfill Property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the IVlinnesota Pollution Contt•ol Agency Permit number and the penalty for nonconforming dumping. ~2G} Small-Load Duin~in~ Site. The Perinittee shall, during all hours o£ operation maintain and operate a separate suitable and safe disposal area for the dumping of small loads by picl~up trucl~s, cars, and tf.•ailers, This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. X27} yak Milt Prevention. As a method to prevent oal~ wilt, Permittee shall not conduct any tree removal operations at the landfill Property between April 15 and July 15 each year. In addition, oal~ stumps shall be removed prior to .~pril 15 each year. when removing trees and stumps, Permittee shall prevent damage to remaining trees. ~28} Leachate Recirculation. The Permittee may conduct Leachate Recirculation as provided for in Subparts X01} - X04} above. S:~P~~t~NN~NG MAIN~Case Files~CUP~CU 10-02 ER Landfill~Lt~NDFILL CUP 201~'21G 1Q CC ~Tersion.DOC Page 7 X29} Cell 17. The Landfill shall submit a narrative to supplement the "Cell 17 Perimeter Beam Base Grades" Plan dated February 2010 which describes the construction techniques and schedule for side slope construction. The narrative shall identify the provisions fox surface water drainage and the presef-vation of the buffer area. X30} Alternative Cover. "Alternative Cover" shall be defined as any suitable clean cover material other than that of Clean Earth Fill, Alternative intermittent and intermediate cover material maybe used if such cover material is suitable for compaction, capable of supporting vegetation, and meets N~PCA standards set forth in MN Rule 7035.2$15, subpart 6, and Ells River Landfill's Industrial waste Management Plan. X31} End Use Plan. The Landfill shall submit a revised End Use Plan to the City by December 31, 2011 which indicates passive recreational use of the Landfill Property following final clasuxe of the Landfill. 5.} Cuff Site Litter Control. The Permittee shall engage in a regular and routine litter maintenance and removal program extending oneWhalf mile north and south o£ the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as maybe determined by the City. Litter shall be removed from these areas not less than once per weel~ and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are Dept free o£ litter generated by txucl~ txafti.c traveling to and from the Landfill.. In addition, Pexmittee shall inspect all trucl~.s leaving the Landfill to ensure that they are either fully enclosed or covered, and/ox clean, and will nat spread litter on surrounding streets and roadways as they leave. In the event that Permittee fails to remove litter within forty-eight ~4$} hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill tlae cost of such removal to the Permittee, which shall remit payment within thirty X30} days of the date of such billing. G.} Hours of operation. The landfill shall not be operated between 7:00 p.m. and G:00 a.m. The landfill. may accept waste during o£f hours only under the following c~.•cumstances: ~a} The wastes have been tested and approved fox disposal; fib} Acceptance is necessary during off hours because of extraordinafy circumstances; ~c} Each instance of off hour acceptance has received the prior approval of the City Budding and Environmental Administrator and such approval was granted during City business hours; and ~d} Each instance of off hour acceptance is documented ita a letter sent by the Landfill to the Budding and Environmental Administrator within five business days of the instance of off hour acceptance. 7.} Site Envh•onmental Monitoring. X01} ~n~site Groundwater, The Pexmittee shall perform on-site water quality testing at the monitoring wells in the manner required by the MPC.A permit, The wells shall meet current Department of Health well Code Standards, The Mater Quality Report shall be submitted to the City when it is submitted to the MPCA. S,~PLANNING MAIN~Case T~iles~CUI~~CU 10-02 ~R Landfill~LANDFILL CUP 2010 21G 10 CC ~re~sion,D~C Page $ X02} Surface ~;Iater uali , The Permittee shall have surface water quality tests performed in conjunction with sampling quarter y events w en water ~s present. X03} off Site Groundwater Quality, The Permittee shall annually sample the individual private R ~ y wells identified in the Phase N water Quality Monitoring worl~ Plan required by section 405}..All private wells shall be analyzed for pH, CAD, ai~n.monia, chlorides, specific conductance, and volatile organic compounds ~MDH method 4G5C and EPA method 601, 602}, X04} Nlodif~cation. The testing programs specified in this Section 7 may be modified by City staff if City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air qualit~T test results indicating the presence of , contair~inatlon. S,} H dro eolo 'c Investi anon. The investigation of the hydrological and geophysical characteristics of the site shall be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City . Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation. The Permittee shall also notify City at least two ~2} days in advance of any soil boring or well construction required by this Permit, The Permittee must conduct additional contamitaant investigation and monitoring as requested by the MPCA in the vicinity of P304C, P320 and an area southeast of P314C. 9.} Dust Noise and odor, Fugitive dust emissions off site shall be controlled at the Landfill site as necessary by undertalti~ag the following; road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical whenever off site dust levels become unreasonable as determined by the City Environmental Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stocl~piles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetatton activities shall be undertal~en promp y on t e completion of various frll areas and vegetative cover capable of quicl~ growth shall be utilized, Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and .maintained to minimize noise, Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off site noise impacts. Applicable state standards for noise pollution shall not be exceeded by the Landf~.l. operation, equipment, vehicles, or machinefy, The Permitee agrees that it will use best management practices to control against odors. The Environmental Administrator may male recommendations regarding possible odor controls, If a verified odor problem is ongoing, both parties agree to institute good faith negotiations to minimize the odor problem. If in the event that the City receives ten or more complaints within asix-hour period relating to a single odor description and this odor complaint has been verified by both City and Permitee and identified as coming from the Facility, the Permitee shall cease such activity~s} that are the direct cause of the odors}. Normal activity~s} shall not resume until the Permitee has, to the satisfaction of the City, fully mitigated against such odors}, S,~PLANNING M~lIN~Case riles~CUP~CU ~0~02 ER Landfill~LANDFILL CUP 2~1D 21G ~0 CC versian.DOC Page 9 10.} Closure. ~Iithin six ~G} months of a written demand by the City, but in no event later than one ~1} year prior to the date projected for cessation of landfill. operations, the Permittee shall submit to the City far approval an updated closure and post-closure plan for tl~.e Landfill. Site. 11.} Insurance. The Permittee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance ~ the State of Minnesota which will protect the Permittee, its agents and employees, and the City from claims for bodily inju~~T, death, or property damage which may arise from the operations on the Landfill Site. The Permittee shall file a certificate of insurance of a certi~.ed copy of tl~e insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty X30} days' written notice to the City of intention to cancel. The following coverages shall be provided i_n amounts not less than those specified; ~C} Public liability, general liability, loading and unloading, personal injufy, and property damage; (a) $1,000,000 per claimant ~b} X1,000,000 per occurrence ~c} $1,000,000 annual aggregate ~02} Automobile and trucl~ public liability, personal injury, and property damage, ita,cluding owned and non-owned vehicles with a X1,000,000 fY]1t1f#'t'lum limit. X03} The City may require additional insurance be provided by the Permittee if marl~et conditions change such that additional coverage become economically practicable. The insurance ]units required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection "economically practicable," "reasonably" and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance il~arket. 12.} BB o~ding ~Q1} The Permittee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars x$300,000} to run continuously annual renewal allowed} until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this Conditional Use Permit. Such bond shall be made by an insurance company of other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty X120} days' prior written notice to the City. The Permittee shall renew each such bond no more than sixty AGO} days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Permittee and shall constitute ground for immediate and automatic (evocation of this Permit. Said bond shall provide that if the Permittee refuses to obey any of these requirements or to any of the acts required by this Conditional Use Permit or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore the Landfill S:~PLANNZNG MA~N~Case ~'iles~CUP~CU ~0-02 ~R Land#~i11~LANDrII.~L CUP 2010 2 ~b 10 CC `Te~sion.DOC Page 10 Site to the condition and requirements required by this Conditional Use Permit, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Per•~nittee to comply with this Permit, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Permittee. The band may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City ar County. ~OZ} In the event this, or any subsequent permit is revolved or the Permittee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, banl~ruptcy, insolvency, or abandonment, the Perinittee shall immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be appro~red by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Permittee fails to comply with the terms of this subparagraph X02}, the City may, upon ninety X90} days' prior notice to the Permittee, enter into the property and perform all such obligations, the cost of which shall be borne by the Permittee, or, in default thereof, by its surety, ~3.} Applica~ of Conditional Use Permit. This Permit shall apply to the entire Landfill Property within the City limits. This Conditional Use Per~~it shall run with the real property and apply to the Permittee, its successors, and assigns. i4.} Permit Period. This Permit shall be in force unless amended, revolved or otherwise terminated or until the Landfill operations authorized herein are completed and the Landfill is closed in compliance with the closure pion, whichever comes first, 15.} Violation of Conditions, if the Permittee or its successors or assigns violates any term or condition imposed by this Conditional Use Permit, or any solid waste facilities license issued for operation of the Landfill, this Conditional Use Permit nay be revolved and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition unposed by lawful governmental authority and governira.g operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, or permit condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or permit or license conditions irz effect on the date of the original issuance of this Permit unless compliance is waived or• excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions, ~G.} Documents Re orts and Ma s. Copies of all documents, reports, and maps which ate supplied to the NIPCA or to Sherburne County shall also be supplied to the Cit~T, at the same time, ~7,} Charges and Fees. The Permittee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this Conditional Use Permit, as follows; ~Q1} Permittee shall pay one hundred percent ~~00%} of the City's costs for processing renewals, amendments or proposed amendments to this Permit; and s:~1'LANNING MAIN~Case Filcs~CUP~CU IO-02 ER LandFII~LANDFILL CUP 2QI0 2 ~G 1D CC veision,DQC Page ~ ~ X02} Peimittee shall pay one hundred percent ~i DO%} of the City's costs fox administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs fox bringing Pertnittee into compliance with the teams and conditions of this Permit including legal costs}; and City costs incurred fox review of Pexmittee initiated requests such as "co-disposal" approvals, etc. 18.} an~Site rns~ection. The City may inspect tlae Landf~. Site fo~.• the purposes of examining and copying nonconftdential records; conducting inspections, surveys, investigations, monitoring, ot.• sampling; and otherwise obtaining necessary information pertaining to tl~e construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. inspections shall be conducted during normal business hours except in the e~rent of an emergency. City personnel or agents performing tlae inspection will notify personnel at the landfill office at the tune of inspection, Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at t11e Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the City of Ells River Solid waste Ordinance, at the Landfill; and of any violations of the conditions of tl~.s Per~.nit. The specific requirements far how, when and who to notify at the City shall be set forth in a separate letter from City staff to Permittee. This letter may be revised ox supplemented by City staff from time to tithe as necessary to address the City's needs for notification, i 9.} indemni . The Permittee shall indemnify, defend, anal hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising from the operations on the Landfill Site. 20.} workers Compensation. The Pexmittee shall cax~y in a company authorized to transact business i.n the State of Minnesota a policy of insurance fulfilling all requirements of the woxl~er's Compensation .pct, including all legal requirements for occupational diseases, or self-insure for the above. 21.} S~h~t Sam~?les. The Pertnittee shall notify the City forty~eight ~4S} hours before any sampling of groundwater or surface water and allow the city to obtain split samples of such waters, 22.} Ri ht to Re uire Performance, The failure of the City, at any time, to require performance by tlae Pexmittee of any provisions hereof shall in noway affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be tal~en or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.} Severabili . zf any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect, 24.} Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City ordinance. 25.} Fees, The Permittee shall pay the Host Community Fee ~HCF} provided for in the Host Community agreement entered into between the Permittee and City on September 15, 2003. ~f s,~PLANN7NG MAIN~Case Files~CUP~CU 10-02 LR Landfill~LANDFILL CUP 200 21b 1D CC vezsion,DOC Page ~~ Per•~nittee fails to pay the HCf, for any reason, Permattee shall then pay the Landfall. Abatement Surcharge authorized by Minn. Slat. ~ 115A.921, Subd.1 the Surcharge}. The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of ~ the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the Surcharge when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of than Permit. 26.} Conflicts. In any cases in which the Permittee believes there is an irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Qrder of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such tune as . the City acts upon a request for an amendment to this Conditional Use Permit, which at may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any doctiunent submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law, 27.} Modification, Suspension, or Revocation of Permit., The violation of any of the terms of this Perinat is ground for suspension or revocation hereof. furthermore, the City specifically reserves the right, and the Perrnittee agrees that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, oi.• revolve this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: X01} A determination the other than as indicated in the permit application} leaclaate generated at the Landfill Site is migrating to surface or ground waters an a way that threatens the public health, safety, or general welfare. X02} A determination that other than as indicated in the permit application} standard recommended health advasoiy levels or intervention levels for drinl~ing water whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Con~•ol Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters} are being violated as a result of landfill operations. X03} A determination that the emission of landfill gas on or adjacent to the Landfill Site is creating or threatens to create a health or safety hazard to the community. without limiting the forgoing, the Caty reserves the right to amend this Permit to impose upon the permittee the obligation to comply wit11 any state or federal law or regulation relating to the operation of sanitafy landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Conditional Use Permit maybe ordered only after a public heating on such suspension, revocation, or amendment, preceded by thirty X30} days' S,~PLANNING 1VfAIN~Case Files~CUP~CU 10-02 IJI~ Landfill~LAND~'ILL CUP 2Q10 21G 1d CC Zrersion.DOC Page ~ 3 written notice to the Pe~mittee, o~• at the time o£ conside~•ation o£ 1'enewa~ of this Permit, Notice of hearing shall include a statement o£ the proposed action by the City and the teasans the~efofe, THE CITY OF ELI. RIVER: ATTEST. I3y: Stephanie I~Iinzing Its: Mayor ELI RIVER LANDFILL, INC. Bv• Debra ~IalteLs Its: District Manage~• By' Tina Allard Its: City Clerl~ S:~PLANNING MAIN~Case Files~CU1'~CU 10-02 L,R LandiFill~LANDFILL CUB' 2010 21G 10 CC ~rersion,DOC Page 14 STATE ~F MINNESOTA } ss. coUNTy of sHERBURNE } The foregoing instrument was acl~nowledged before me this day of 2010, by Stephanie I~linzing, the Mayor of the City of Ells River, on behalf of the City of Ells River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SH~RBURNE) Tl~.e foregoing instrument was acl~nowledged before me this day of 201.0, by Tina Allard, the City Clerl~ of the City of Ells River, on behalf of the City of Ells River. Notafy Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE) The foregoing instrument was acl~nowledged before me this day of , 2010, by Debra Walters, the District Manager of Ells River Landfill, Inc,, a Minnesota corporation, on behalf of the corporation, Notary Public IS INSTRUMENT WAS DRAFTED BY: THIS INSTRUMENT BIAS MaDIFIED BY: Gray, Plant, Mooty, Mooty & Bennett 50o TDS Center 80 South 8t~1 Street Minneapolis, Minnesota 55402 The Community Development Department of the City of Ells River S.~PLANNING MAIN~Case Fs1es~CUI~~CU 10-02 I~,R LatadfzIl~LANDIiILL CUI' 2010 2 I6 IO CC ~rexsion,DOC Page ~ ~ EH~zT A. PARCEL B That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 2G, described as follows: Commencing at the point of intersection of the Noah line of said Northeast Quarter o£ the Northwest Quarter with the westerly lit~.e of the right-of way of U.S. Highway No.1G9; thence Southerly along said fight~of^way, to intersect a line parallel with and 47o feet South of, as measured at right angles to, said Noah line of the Northeast Quarter of the Northwest Quarter said point of intersection being the actual point of beginning of the land to be described; thence west along said parallel line a distance of 558 feet; thence south at a rigl~t angle to intersect the south line of the said Northeast Quarter of the Northwest Quarter; thence East along said South line to intersect the said westerly line of the highway right-of way; thence Northerly along said highway right-of way to the point of beginning, Sherburne County, Minnesota. PARCEL C The North 525 feet of tlae west Half of the Southwest Quarter of Section 3, Township 33, Range 2G, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. AND The North 525 feet of that part of the Northeast Quarter of Southeast Quarter o£ Section 4, Township 33, Range 26, lying East of the Great Northern Railway, AND that part of the East Half of the Northeast Quarter of Section 4, Township 33, Range ~G, lying East of the Great Northern Railway, according to the United States Government Survey thereof and situate in Sherburne Counter, Minnesota. PARCEL E That part of the North half of the Northwest Quarter of Section 3, Township 33, Range 2G lying westerly of the following described real estate, to wit: Commencing at a point on the North line of the said North Half of the Northwest Quarter G50 feet distant west of the intersection thereof with the westerly right of way line of U.S. Highway No.1.G9 as presently located and established; thence South and parallel with the west line of the said North Half of the Northwest Quartet to tl~e South line thereof and there terminating, excepting therefrom the South 33 feet thereof, according to the United States Governi~lent Survey thereof and situate in Sherburne County, Minnesota, PARCEL F The Northwest Quarter of the Northwest Quarter of Section 3, Township 33 North, Range 2G west; and That part of the South Half of the Northwest Quarter lying west of U.S. Highway No.1 G9, and the Northerly 525 feet of that part of the East Half of the Southwest Quarter lying west of U.S. Highway S:~PL~INNING MAIN~Case Tiiles~CUP~CU 10-02 ZR Landfill~LANDliILL CUP 201 2 IG 1Q CC ~Tezsion,DOC Page 1G Na,1 G9, all in Section 3, Township 33 North, Range ZG Nest, according to the United States Government Suf•vey thereof and situate ira Sherburne County, Minnesota. PARCEL H The west 92.70 feet of the Noah 470 feet of that part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 2G, Sherburne County, Minnesota, lying east of a line described as Beginning at a point on the North line of said Northeast Quarter of the Northwest Quarte~• a distance of G50 feet west of t11e intersection of said North line with the westerly rigl~t-of way line of U.S. Highway No.1G9; thence south parallel with the west line of the Noah Half of the Northwest Quarter to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating, PARCEL I That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 2G, Sherburne County, Minnesota, lying south of the South lhae of the Noah 470 feet, as measured at right angles, thereof and lying west of the following described line; Coi~vnencing at the point of intersection of the Noah line of said Northeast Quarter of the Northwest Quarter with the westerly line of the right~of way of U.S. Highway No.1 G9; thence southerly along said highway right-of-way to intersect a line parallel with and 470 feet South of, as measured at right angles to, said North line of the Northeast Quarter of the No~.•thwest Quarter; thence vilest along said parallel litre a distance of 55$ feet to the actual Point of Beginning of the l.ha.e to be hereby described; thence South at tight angles to intersect the South li~.e of said Northeast Quarter of the Northwest Quarter and there terminating. S.~PLANNING MAIN~Case Files~CUP~CU ~0-02 ~R Landfill~LAND~'ILL CUB 2010 216 ~~ CC ~rersion.DOC Page 17 CITY ~ ELF VE SLID wA.STE FACILITY LICENSE A~EEIENT THIS AGREEMENT, entered into and effective this 1 nth day of Feb~~uary, 2010, by and between the CITY CF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City}, and ELK RIVER LANDFILL, INC,, a Minnesota corporation thereinafter referred to as the Licensee}. WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to the Elk Rive~• Code of Ordinances, for the operation of a sanitary landfill thereinafter referred to as the Landfills on the real properties described on Exhibit A attached hereto thereinafter referred to as the Landfill Property} situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit conte~nparaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk River Landfill, Inc. Licensee} conditioned upon compliance witl~ the conditions set forth in the October 3,1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and WHEREAS, the License was has subsequently been renewed, with the most recent renewal occurring on February 17, 2009; and WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare tlae final elevation of the Landfill should be limited to no snore than 1120 feet above Mean Sea Level ~MSL~; and WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and WHEREAS, Licensee has applied far renewal of the Solid Waste Facility License on December 28, 2x09; and WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed amendment and renewal of the Solid VL~aste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard, NOW, THERFORE, the City grants to the Licensee, and the Licensee accepts an amended and renewed solid waste facilities license for the operation of a sanitary landfill and related activities on the Landfill Property subject to the terms, conditions and qualifications hereinafter stated, to wit; 1,} ,Significant Persons, The person responsible for actual operation and maintenance of the landfill, to whom communications concerning this License should be addressed, is Debra Walters in her capacity as District Manager of E11~ River Landfill, Znc. ERL}, whose address is 22464 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330. ERL, which is a subsidiary of Waste Management, a Delaware corporation, whose address is 1001 Fannin, Suite 4000, Houston, Texas 77402. The following information shall be provided to the local fire and police departments as well as the Sheriff; Debra Walters, District Manager 22464 Highway 169 NW Elk River, MN 5 5 3 3 0 Work; 441 2464, fax; 441-2025 Mobile: X612} 270p2942 Mike Fleming Area Vice~President Waste Management W 13 2 N 104 S 7 Grant Drive Germantown, W163422 ~W} X262} 254-5702 Fax X262} 251 0240 2,} Scape and Conduct of Landfill.Cpe~a~i,ons, The operation of a solid waste sanitary landfill may be conducted on the Landfill Property in conformance with existing statutory and regl~latory authority and requirements of the City, Sherburne County and the Minnesota Pollution Control Agency and in accordance with authorization and limitations contained in; X01}the cur~~ent MPCA Solid Waste Permit No, 74, issued to the Licensee; X02} the current Sherburne County solid waste landf 11 license issued to the Licensee; and X43}the conditional use penr~it, as amended, issued by the City for the Landfill; X04} this License. Provided, however, that the entire Landfill sha11 have a final elevation of no more than 1120 feet above MSL, including final cover, as provided in the Long Teen Development Plan dated March 1997, and as revised on April 15,1997. The Landfill shall also be operated and developed consistent with the following plans and reports which have been submitted to the City andlor the MPCA: 2 X01} "New Recycling Facility Design Report and operations Manual", January, 1991 X02} "MSw operations Manual", September 1999, revised June 2001, February 2004, as it applies to the Landfill Properly described on Exhibit A X03} "Household Hazardous waste Management Plan", June 15,1992 X04} NSPS Design Plan, June 2001 and Title V Air Permit, January 18, 2006 as it applies to the Landfill Property described on Exhibit A X05} "Leachate Recirculation Permit Application", July 2009 as it applies to the Landfill Property described on Exhibit A X06} Closure, Postclosure and Contingency Action Plan for floe MSw Area", February 2004, as it applies to the Landfill Property descz~bed on Exhibit A X07} "Stonnwater Pollution Prevention Plan", January 2006 or as updatedlrevised X08} "Construction Quality Assurance Program", February 2004, as it applies to the Landfill Property described on Exhibit A. X09} "Phase IV Water Quality Monitoring work Plan" Revision #3}February 2002 as updatedlmodified. X10} "2008 Annual Report", January 2009 or as updated annually X11} "2005 water Quality Report", February 2009 or as updated annually X12} "Long~Terl~n Development Plan", March 1997, and as revised on Apri115,1997 to include a maximum final elevation of 1120 feet MSL X13} A11 Solid waste License Renewals througla the License dated February 17, 2009 X14} "Industrial Solid waste Management Plan", April 2008, as it applies to the Landfill Property described on Exhibit A and further conditioned upon submittal of annual reports describing the following; (a) Monthly and Annual Waste Disposal Volume. fib} Schedule of construction activities for the forthcoming year. ~c} Type, Quantity and Source of Material to be Disposed. ~d} Remaining permitted capacity 3 fie} Updated, full~size, contour map which indicates the elevations of all fill areas ~~} Assessment of the Financial Assurances Plan. fig} Evaluation of tl~e water .Monitoring System and a proposal for continued sampling and analysis. ~h} Detailed evaluation of all water quality results by means of tables and graphs. ~i} A groundwater contour map based on the previous years' groundwater level data. X15} Submittal for January 2000 License Renewal, revised June 2001, subject to the following conditions; ~a} Leachate head shall not exceed a maximum of 12 inches for any liner, The Landfill s11a11 monitor Leachate head levels weekly and submit results to the City quaz~terly. fib} The sampling and contingency action protocols for liner leaks shall be as outlined in the Phase IV water Quality Monitoring work Plan, revision #3 dated February 2003 as updatedlrevised. ~c} The Construction Quality Assurance Program shall be amended to document compliance with MNDOT 3877.2B standards for sampling and testing of topsail. ~d} operation of the Active Gas Collection System shall be managed to mitigate landfill gas migration and ongoing ground water contamination from the unlined portion of the Landfill. X16} Ce1117 Perimeter Berm Base Grades Plan, February 2010. Any changes made to the above described plans, reports, MPCA Solid waste Permit No. 74 and the County License shall also be reviewed and approved, approved with modification, or disapproved by the City. Minor modifications shall be reviewed by City staff. Major modifications shall be reviewed by the City Planning Commission and the City Council. The City may not unreasonably disapprove or unreasonably require modifications, The City may also make reasonable modifications to the conditions of the License based upon a submittal from the Licensee. The City shall respond to Licensee submittals on a timely basis, which shall be no later than formal MPCA time lines for review and comment for concurrent submittals. 4 3,} Scope and Conduct of Related Operations, X01 } Recycling Center, The operation of a recycling center on the Landfill Property :may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the fallowing conditions; ~a} The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code or Ordinances and all applicable federal, state, and county laws and regulations. fib} The recycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, p~•ovided that Licensee's plan for handling additional zmaterials and any changes to the recycling center shall first be approved in writing by the City, ~c} The recycling center shall be operated by Licensee. Operation of the recycling center by a different operator shall ~•equire the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this License. ~d} Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center, fie} Used oil recycling areas sha11 be within an enclosed building with an impermeable floor and containment area, as approved by staff. ~~} Battery storage sha11 be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. fig} battery, paper and oil storage areas sha11 be separated to reduce fire potential, as approved by the City Fire Chief, ~h} Licensee sha11 have a regular schedule for appliance picl~~up, to be approved by City Staff, X02} Yard waste Composting. The operation of a yard waste composting facility on the Landfill Property within the City limits may be conducted, if in confo~~mance with all applicable terms and conditions of this License, sub ject to the following conditions: ~a} The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Cade of Ordinances and all applicable federal, state, and county Taws and regulations. fib} The yard composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff, ~c} A11 plastics shall be removed from yard waste brought to the facility before composting, ~d} All municipal solid waste must be immediately removed from yard waste and landfilled. fie} The yard waste composting facility must be operated in such a manner as to keep odors to a minimum, ~f odor becomes a problem staff may require more frequent turning of compost piles and~or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. ~~} The maximum amount of yard waste which may be accepted is 1~~,DOO cubic yards per year, fig} Positive drainage away from the compost area must be implemented, as approved by City staff, (h) Yard waste and/or compost may not be used as daily cover for the landfill. ~i} That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of sections 4,6,7, and 8; and the requirement of sections 17 and 25 to make prompt payment of all fees due to the City, No yard waste maybe accepted at the yard waste composting facility if this condition is not complied with, Licensee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition, ~~3} other Related Operations, No other operations or activities, whether or not related to the Landfill, sha11 be permitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted separately by the City, 6 4,} ,Specific Additional Gperational Requirements,. X01 } Leachate Transmission Pi es, Leachate transmission pipes shall be designed to ensure that double containment and adequate leak detection exists as approved by the MPCA, County and City, Licensee shall verify to the City every four ~4} years float the existing leachate transmission pipes do not leak. X02} Backup Leachate Pump. Licensee shall maintai~a a backup pump for use in the event of pump failure at the leachate sump, wet well andlor leachate storage tank on-site. As an alternative, the licensee shall maintain provisions for restoring temporary leachate pumping within a 24-hour period and adhere to the current "Leachate Management Plan" as approved by N~PCA, X03} Leachate Holding Tank. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule, It shall be a violation of this License to a11ow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being fu11, 04 Leachate Recirculation. The Licensee may conduct Leachate Recirculation pursuant to MPCA, County and City regulations. Zn the event that any operational problems occur from the leachate recirculation, the Licensee shall immediately cease leachate recirculation and revert to prior method of leachate management unless and until another remedy for the problem is approved by the City. X05} Gas Collection S,, sue. Licensee sha11 conduct active landfill gas collection in accordance with approved plans and shall construct additional phases of the active gas control system at the time of final cover constz~uction, X06} Phase ~V water Quality Monitoring work Plan. The Phase rV water Quality Monitoring worl~ Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezozneters, leachate lysimeters, residential we11s, groundwater monitoring wells and surface water shall be updated annually to reflect changes in floe monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landf 11 gas control system in decreasing VCC contaminants in the groundwater. X07} Annual Active Landfill Gas Control S stun Assessment, Ax~.aually assess the effectiveness of active landfill gas control operations based on the results of groundwater and landfill gas monitoring and incorporate the evaluation in the MPCA Annual Report for the landfill. ~0$} Construction Quality Assurance Repo~~ts, A Construction Quality Assurance ~CQA} Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas, A CQA repo~~t sha11 also be submitted for 7 Landfill areas which receive final cover, A CAA report sha11 also be submitted for installation of leachate recirculation drainfield areas to document position within the cell, suitable base contours and piping elevations. The report sha11 demonstrate that the work was completed to the plan specifications, The Report sha11 be certified by an engineer registered in the State of Mirnlesota and shall include but not be limited to. ~a} A11 relevant construction specifications; fib} All sloop drawings for prefabricated components; (c} Photo documentation of all critical aspects of construction; ~d} Deflection testing results for leachate collection and transmission p~Pes~ fie} Narrative description of all as-built variances from the plans andlor specifications; ~f} As-built cross~sections of the liner subgrade; fig} As~built elevations far all pipe inlets and outlets and pump onlpump-off controls; ~h} Completed manufacturer warranties; ~i} A11 physical testing results for soils and other materials use in the constz~uctian X09} Licensee shall notify the City at least two ~2} days in advance of liner barrier layer installation or final cover barrier layer installation. Licensee shall assist tl~e City in arranging inspection of the site at any reasonable time the City requests, The Licensee sha11 keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work, which is covered or otherwise obscured prior to City inspection, to be re~excavated for City inspection, X10} Temporary Fencing-0n Site Litter Control. Litter control fences sha11 be maintained around the working areas} of the landfill to prevent the blowing of paper or other litter an or off site, The Licensee shall assign employees to engage in a regular and routine pragra~n to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. X11} Permanent Fencing. The Licensee shall maintain a minimum six~foot high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled , umping, X12} Public information, The Licensee shall maintain a sign at tl~e entrance to the Landfll Site which describes in common terms the substances which maybe disposed at the Landfill and those substances which may not be accepted for disposal, X13} Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. X14} Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs, X15} Fire Fig, Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfll, The self contained breathing apparatus for the City Fire Department sha11 be available for use by the Licensee on a temporary basis, as approved by the Fire Chief, Licensee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the f re department about landfill fire fighting , issues, X16} Safet~quipment, Emergency first aid equipment consisting of at least one f rst aid kit kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied, At least one of every four landfill person~lel shall be trained in first aid and CPR. X17} water, A potable water supply shall be available for site personnel. ~1 S} Storage, Adequate on~site shelter shall be provided for maintenance and storage sufficient to supply the equipment required by this section, during cold weather operations. (19} Vehicle Stackin Fg acilities, Adequate vehicle stacking facilities sha11 be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property. X20} Communication, Adequate communication facilities shall be provided for emergency purposes. X21} Security, A gate sha11 be provided at the entrance to tlae site and Dept locked when an attendant is not on duty. X22} Haul Roads, An all-weather haul road shall be provided to the unloading area and watered on a reg~~lar basis, 9 X23} Adequate Equipment, Adequate equipment shall be supplied capable of spreading and compacting the refuse as received, At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied, X24} Information Dis Ala . Sub ject to approval by the City Council, the Licensee shall maintain at each entrance to the Landfill Prope~~ty a sign stating the name of the facility, the schedule of days and hours the facility is open to t1~e public, prices for use of the facility, the Minnesota Pollution Control Agency permit number and the penalty for nonconforming dumping. X25} Screenin Buffer Strips. Visual screening of the Sanitary Landfill site, as required by the Conditional Use Permit far the Landfill Praperty and as approved by the City Council, shall be provided by the use of buffer zones, natural objects, trees, plants, seeded soil berms, fences, and other suitable means. ~2~} Small~Load Dunn in Site. The Licensee shall, during all hours of operation, maintain and operate a separate suitable and safe disposal area for the dumping of sma11 loads by pickup trucks, cars, and trailers. This separate site shall be located and operated with due regard for tl~e nature of the vehicles bringing such loads, and the normal frequency of such dummping, X27} Cak wilt Prevention, As a method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill Property between April 15 and July 15 each year. In addition, oak stumps shall be removed prior to April 15 each year. when removing trees and stumps, Licensee sha11 prevent da~~nage to remaining trees. X28} Leachate Recirculation. The Licensee may conduct Leachate Recirculation as provided in Subparts X01 } -- (o4} above. X29} Cell 17. The landfill shall submit a narrative to supplement the "Cell 17 Perimeter Berm Base Grades" Plan dated February 201 ~ which describes the construction techniques and schedule for side slope construction. The narrative shall identify the provisions for surface water drainage and the preservation of the buffer area. ~3 o} Alternative Cover. "Alternative Cover" shall be defined as any suitable clean cover material other than that of Clean Ea~~th Fill, Alternative intermittent and intermediate cover material may be used if such cover material is suitable for compaction, capable of supporting vegetation, and meets MPCA standards set forth in MN Rule 7035.2515, subpart 6, and Elk River Landfill's Industrial waste Management Plan. 10 X31 } End Use Plan. The Landfill shall submit a revised End Use Plan to the City by December 31, ~~ 11 which indicates passive recreational use of the Landfill Property following fnal closure of the Landfill, 5,} Off Site Litter Control. T11e Licensee shall engage in a regular and routine litter maintenance and removal program extending one~half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Litter shall be removed from these areas not less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are 1{ept free of litter generated by t~~ck traffic traveling to and from the Landfill. In addition, Licensee sha11 inspect all trucks leaving the Landfill to ensure that they are either fully enclosed ar covered, andlor clean, and will not spread litter on surrounding streets and roadways as they leave. In the event that Licensee fails to remove litter within forty~eight X48}hours of notice of accumulation of litter by the City, the City may cause such litter to be remaved. The City shall bill the cost of such removal to the Licensee, which shall remit payment withixa thirty X30} days of the date of such billing. 6}. General Performance Standards, The Licensee shall comply with the following performance standards and operating requirements; ~o l } Hazardous wastes Prohibited. No Hazardous wastes shall be disposed of in the Landfill. ~o~} Dangerous wastes. No Dangerous wastes has defined in the Code of Ordinances for the City of Elk River} shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required by Chapter 604 of the City Code of Ordinances. The City sha11 respond to requests for permission to dispose dangerous wastes within f fteen MI5} days from receipt of the request as appropriate. Zf a request to dispose of dangerous wastes is rejected by the City Enviranlnental Administrator, or the City's authorized consultantlagent, the dangerous wastes nay not be disposed at the Landfill, Licensee may propose advance approval of proposed disposal of dangerous wastes by submitting to the City, for each waste, a statement identifying the waste type, generator na~aae and address, volu~~ne, method of chemical analysis, chemical constituents, and disposal procedures proposed. This statement, and all requests to dispose of dangerous wastes, shall be submitted in the form required by the City, The City may deny permission to dispose of Dangerous wastes at the Landfill for one or more of the following reasons: ~a} In the City's sole discretion, it would not be in the best interests of the public health, safety or general welfare of tlae citizens of Elk River to allow disposal of said wastes; I1 fib} In the City's sole discretion, disposal of said wastes would pose a threat to the environment. ~c} Licensee andlor the operation of the Landfill is currently in violation of any of the terms, conditions, or requirements of this License including specifically, but not limited to, the operational requirements, performance standards and enviroxamental ~nonito~~ng requirements of Sections 4, 6, 7, and 8; and the requirements in Sections 17 and 25, to make prompt payment of all fees due the City. Licensee's "Industrial Solid waste Management Plan, April 2008 or as updatedlrevised shall be complied with in all respects, subs ect to specific requirements of this License, and may not be modified or amended without the City's prior written approval. X03} incorporation of State Standards. The Landfill shall comply with the required practices for maintenance and operation of landfills set fo~~tla in Minnesota Rules Parts 7001.OOI0 to 7001.02I0; 700I.3000 to 700I.3550 and 7035,0300 to 7035,2875. X04} Compliance with Zoning Ordinance Performance Standards. The operation of the Landfill shall fully comply with the perfo~.nance standards and other requirements of Chapter 3 0 of the Elk River City Code, including specifically Division 5, Subdivision V thereof relating to performance standards for industrial uses. X05} Supervision. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of refuse shall be continuously supervised at the working face of the landfill. X06} Operatin Records,. Accurate records of daily waste disposal operations shall be maintained. Intake of Solid Waste in tans or cubic yards shall be recorded on a daily basis, in a manner acceptable to the City, and reported to the City on a monthly basis along with payment of the Fees required by Section 25 of this License. The volume and location of the disposal of Dangerous wastes shall be recorded the day such disposal takes place and shall include the amount and type of waste disposed of, and tlae name and address of the source of the waste. waste disposal records shall be available during normal business hours, for review and inspection by the City. X07} Recordin , A detailed description of the location of the completed Sanitary Landfill site shall be recorded with the County Register of Deeds within four months after approval of the closure of the landfill. This description shall include the general type and location of deposited Solid waste, the location of phased or staged disposal of wastes, the type and number of lifts, original and 12 final terrain descriptions, site hydrogeologic conditions, and other pertinent characteristics of the completed sanitary landf 11 site. X08} Education Pro rg am,, The Licensee shall; ~a} Make available to a111andfill users, including haulers and their customers, information which describes in common terms what is permissible and impermissible to dispose at the landfill, fib} Continue to conduct an employee training program designed to assist employees in identifying impermissible waste materials and to prevent their disposal at the landfill, The training program slaall be reviewed with City staff and recommendations to improve the program shall be incorporated to the extent feasible, X09} Hours of Gperation, The landfill shall not be operated between 7:00 p,m. and 6:00 a.m. The landfill may accept waste during off hours only under the following circumstances: ~a} The wastes have been tested and approved for disposal; fib} Acceptance is necessary during off hours because of extraordinary circumstances; ~c} Each instance of off hour acceptance has received the prior approval of the City Environmental Administrator and such approval was granted during City business hours; and ~d} Each instance of off hour acceptance is documented in a letter sent by the Lands 11 to the City Environmental Administrator within five business days of the instance off hour acceptance, 7.} Site Environmental Monitoring, X01 } 0n-site Groundwater, The Licensee shall perform onysite water quality testing at the monitoring wells in the manner required by the MPCA permit. The wells shall meet current Department of Health well Code Standards. The water Quality report shall be submitted to tl~e City when it is submitted to the MPCA, ~OZ} .Surface V~Tater Qualify. The Licensee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. X03} off Site Groundwater Quality, The Licensee shall annually sample the individual private wells identif ed in the Phase IV water Quality ll~onitoring Work Plan required by Section 405}, All private wells shall be analyzed for pH, 13 CCD, ammonia, chlorides, specific conductance, and volatile organic compounds ~1VIDH method 465C and EPA methods G01, X02}. ~~4} Modification, The testing programs specified in this Section 7 may be modified by City staff if City staff reasonably determines there exists a need for additional we11s to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. 8.} H dra a eolo is Inyesti ag tion. The investigation of the hydrological and geophysical characteristics ofthe site shah be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City, Hydrogeologic reports sha11 be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation, Licensee sha11 notify City at least two ~2} days in advance of any soil boring or well construction required by this License, Licensee must conduct additional contaminant investigation and monitoring as requested by the MPCA In the vicinity of P3~4C, P3~0 and an area southeast of P314C. 9.} Dust, Noise, and Cdor. Fugitive dust emissions off site shall be controlled at tlae Landfill Site as necessary by undertaking the following: road surfaces within the Landfill Site sha11 be wetted with water or an appropriate chei~nical whenever off site dust levels become unreasonable as determined by the City Environmental Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stockpiles to reduce wind erosion as we11 as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various X11 areas and vegetative cover capable of quick growth shall be utilized, Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion, All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off site noise impacts. Applicable state standards for noise pollution may not be exceeded by the Landfill operation, equipment, vehicles, or machinery. Licensee agrees that it will use best management practices to control against odors. The Environmental Administrator may mare recommendations regarding passible odor controls, If a verified odor problem is ongoing, both parties agree to institute good faith negotiations to minimize the odor problem, If in t11e event that the City receives ten ar more complaints within a sixphaur period relating to a single odor description and this odor complaint has been verified by both City and Licensee and Identified as coming from the Facility, the Licensee shall cease such activity~s} that are the direct cause of the odors}, Normal 14 activity~s} shall nat resume until the Licensee has, to the satisfaction of the City, fully mitigated against such odors}. 10.} Closure. within six ~6} months of a written demand by the City, and in no event later than one ~ 1 }year prior to the date prof ected for cessation of waste disposal, the Licensee shall submit to the City for approval an updated closure and post~closure plan for the Landfill Site. 11,} Insurance. The Licensee shall secure and maintain insurance from an Insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which wi11 protect the Licensee, its agents and employees, and the City f~•om claims for bodily in jury, death, or property damage which may arise from the operations on the Landf 11 Site, The Licensee shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy sha11 contain a clause providing that it shall not be cancelled by the insurance company without thirty ~3 0} days' written notice to the City of intention to cancel. The following coverage shall be provided in amounts not less than those specified: X01) Public liability, general liability, loading and unloading, completed operations, explosion, collapse, underground operatians~, personal injury, and property damage with the following minimum limits: ~a) one Million Dollars x$1,000,000}per claimant, (b) One Million Dollars ($1,000,000) per occurrence. ~c} Cne Million Dollars ~~ 1,000,000} a~~.ual aggregate. X02} Automobile and t~~.ck public liability, personal injury, and property damage, including owned and nan-awned vehicles with a Cne Million Dollars x$1,000,000) minimum limit. X03} The City may require additional insurance be provided by Licensee if market conditions change such that additional coverage become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection "economically practicable," "reasonably" and "ecano~nically available" shall be determined by the insurance coverage affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12.} Bondin . 15 X01 } The Licensee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars x$300,000} to run continuously annual renewal allowed} until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this License. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney, The bond shall be subj ect to cancellation by the obligor by giving one hundred twenty X120} days' prior written natice to the City, The Licensee shall renew each such bond na mare than sixty X60} days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Licensee and shall constitute ground for iln~nediate and automatic revocation of this License. Said bond shall provide that if the Licensee refuses to obey any of the ~•equirements or to any of the acts required by this License or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore, repair, or clean up the Landfill Site to the condition and requirements required by law, the obligor shall reimburse the City for any and all expenses incurred to remedy the failul•e of the Licensee to comply with dais License, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Licensee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City and County. X02} rn the event this, or any subsequent license is revoked or the Licensee closes operation of the landfill for any reason, including but without limitation, order of the cou~~t or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Licensee sha11 immediately proceed to close, cover, and g~•ade the Landfill Site according to an environmentally sound closure plan which sha11 be approved by the City and which shall comply with all requirements of floe MPCA and Sherburne County relating to final closure. 7n the event the Licensee fails to comply with the terms of this subparagraph X02}, the City may, upon ninety X90}days' prior notice to the Licensee, enter onto floe property and perform all such obligations, the costs of which shall be borne by the Licensee, or, in default thereof, by its surety. 13.} Applicability of License. This License sha11 apply to the entire Landfill Property located within the City limits, 14.} License Period. This renewed License shall be in force and effect until February 16, 2012. 15.} violation of Conditions. 1f the Licensee or its successors or assigns violate any term or condition imposed by this License, this License 16 may be revoked and terminated. without limiting the foregoing, the violation of any statute, regulation, ordinance, or license condition unposed by lawful governmental authority and governing operations on the Landfill Property is ground for revocation and termination of this License, The change, alteration, or amendment of any such statute, regulation, ordinance, or license condition by any govertunental authority other than the City shall not excuse the Licensee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this License unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license . can ~tions. 16.} Documents, Reports, and Maps. Copies of all documents, reports, and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same tune, 17.} Char es and Fees. The Licensee agrees to pay to the City upon the amendment and renewal of this License, $2,000. Thereafter, t1~e Licensee shall pay the City an annual license fee of $2,000. 18.} ~n-Site Inspection. The City may inspect the Landfill and the Landfill Property for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control ~nate~~.als. Inspections shall be conducted during no~.nal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection, In case of emergency, the City will call Debra Walters to gain entry and provide notice of the situation. Licensee shall promptly notify the City of any substitutions of persons to be so notified. The City shall be notified by the Licensee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid waste Ordinance, at the Landfill; and of any violations of the conditions of this License. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Licensee. This letter may be revised or supplemented by City staff from tune to time as necessary to address the City's needs for notification, 19.} Indemnit .The Licensee shall indemnify, defend, and hold the City harmless from all claims, demands, andlor actions legal andlor equitable arising from the operations on the Landfill Property. 17 20.} Worker's Compensation, The Licensee sha11 carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling ail requirements of the worker's Compensation Act, including all legal requirements for occupational diseases, or self insure for tlae above, 21.} .Split Samples, The Licensee shall notify the City fo~~ty~eight X48} hours before any sampling of groundwater or surface water and allow the City at its expense to obtain split samples of such waters. 22.} Ri ht to Re uire Perfox~~nance. The failure of tlae City, at any time, to require performance by the Licensee of any provisions hereof shall in noway affect the right of the City thereafter to enforce the same, Nor shall waiver by the City of any breach of any of the provisions hereof be taken or 11e1d to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.} Severability, ~f any provision of this License shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect, 24,} Amendment, This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.} Fees. The Licensee shall pay the Host Community Fee ~HCF} provided for in tlae Host Community Agreement entered into between the Licensee and City on September 15, 2403. rf Licensee fails to pay the HCF, for any reason, Licensee shall then pay the Landfill Abate~~aent Surcharge authorized by Mi~u~, Stat. § 115A,921, Subd. l the Surcharge}, The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the Surcharge when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 26,} Conflicts, In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and Laws, Rules, Regulations, ox Order of any other governmental authority, the Licensee shall promptly notify the City of such irreconcilable conflict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may grantor deny in its sole discretion, the terms of this License shall govern all 18 operations at floe Landfill Site and sha11 prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law, The City shall not unreasonably refuse to amend this License or waive compliance with this License in order to prevent violation of law. 27,} Modification, Suspension, or Revocation of License. The violation of any of the terms of this License is grounds for suspension or revocation hereof, Furthermore, the City specifically reserves the right, and the Licensee agrees that this License nay be amended, suspended, or revolved by the City as reasonably required to protect the public health, safety, and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, or revolve this License, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the landfill places the public health, safety, or welfare, in j eopardy. Such informations includes, but is not limited to the following: X01 } A determination that bother than as indicated in the license application} leachate generated at floe Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety or general welfare, ~~2) A determination that bother than as indicated in the license application} standards for drinl~ing water whether promulgated as of the date of this License or at a later date by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards far toxic wastes, hazardous wastes, pollutants, or contaminants in graundwaters or surface waters) are being violated as a result of landfill operations. X03) A determination that the emission of landfill gas on t1~e Landfill Site is creating or threatens to create a safety hazard to the community, Vi~ithout limiting the foregoing, the City reserves the right to amend this License to impose upon the Licensee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills, Suspension, revocation, or amendment of this License may be ordered only after a public hearing on such suspension, revocation, or amendment preceded by thirty X30} days' written notice to the Licensee or at the tine of consideration of renewal of this License, Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore, ~9 ATTEST: Tina Aiiazd City Cierk THE CITY CF ELI RIVER: By; Stephanie A. K.linzing Its; Mayor ELI RIVER LANDFILL, INC. By; Debra Vdaiters Its: District Manger STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) ~ SS. The foregoing i~.str~~~ne~t was acl~owledged before one tl~is day of 2010, by Stephanie I~linzing, the Mayor of the City of Ells River, on behalf of the City of Ells Ri~rer. Notary Public STATE OF MINNESOTA } }ss. CQUNTY ~F SHERBURNE} The foregoing instrument was acl~nowledged before me this day of 2010, by Tina Allard, the City Clerl~ of the City of Ells River, on behalf of the City of Elk River. Nota~~T Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE) The foregoing instrument was aci~.owledged before me this day of 20I0, by Debra Walters, the District Manager of Elk River Landfill, Inc., a Mi~anesota corporation, on behalf of the corporation. 2Q Notary Public IS INSTRUI~NT ~~AS DRAFTED BY; THIS INSTRUMENT UJAS MQDIFIED BY; G~a~r, P~a~.t, Il~ooty, IVrooty & Bennett 5aa IDs ce:~te~ $a South $tl' Stleet M~.lneapo~is, Il~.~~esota 554x2 The Co~nmunit~~ Develo~meilt Department of the Cft~~ of Ells Rivei 21 January 2~~ 200 ,~le~se d~lzv~r ~~~~ follo~Fi~~g pa~a~(,~~ {~'~is z~c~ud~s tl~xs cover s~z~er~ C1PIT erne ~+'irz>n ~h ne ~1~bex ~n~ N~~ab~~ ~~b~cca Haug Clay of ~l~ R~~~er 7~3a~35~ ~ 0~0 7~~ ~63 Sw ~ 0~0 F~ Jac~~ ~~ ~e~~~ PHONE 612,77,5497 ~N TUTS R . ~~ you have problems rece~~~~g ~~~~~ pages, phase con~~c~ u~ a~ ~ 2p977~55Z~ CO~V~'~~1~~1~'Z~L FA.~ Tl1e ~~~ar~ation contained l~ r~is facsimile message is atto~~ey privilcg~cl and c ~~dential information #~~te~ded only far tie u~c o~'~~,e individual q~' c~tiry na~ncci on ~~ cover sheet, ~ft~~ xead~X a~`~l~ls rnessag~ is nod tl~ i~,ter~cied recipient, ax the ~n~pioyee o1' agctat res~ar~si~l~ to deliver it to tie ~~;te~dtvd recipio~~ you axe hereby notif ~d ~~eC any d~ss~minatian, ciist~i~~t~oa or copying oftlais co~mt~u~iication is strictly prol,ibitcd, 1f you have receivod phis co~~u~~cation in error, please i1~;t~edlat~ly,na icy us by telcpl7o~e> and rcturtt tf~e Original message to us at she ~dd~c3~ ]i~ted an the cover sh~~t vii ~e U,S, P staff Service. dank yau. ~4SG7~lvl Eri~gs end Morgan, proFe~s~orael As~oclatian Mlnnaap~ll~ ~ S~.F~a>.d I wwwbriggs.cam Member- l.ex Mundi, a ~la~sl A~SOClarian of IndeR~r~d~~t G$w i~frms 01 ~~~120~0 ~6, 03 + ~R~GGS rViORGAN fV1PL5 ~. PAGE 02~0E~ ~~~ - ~tanua~r ~S, 20 ~ 0 ~A ~~ Rebecca Haug City of Eli diver 1305 ~x4no ~arkw~y ~Z~ ~~xve~, ~ 5533 D ~Z04 IdS tenter 8Q SDUth 8th S~~Cer Mir~r*~~pa~ls Mfg ~~~0~•~157 t~l ~ 1 ~.977.S~OD fax ~~z.~~~,s~5a ,~~ck Y'. P~rr~ ~61~) 977-~4~7 j~e~xybrzgg~,ca~~ ~c; 1~ ,i~rer La~adfx~l, ~r~c.'s ~c~adx~,~ CUB aid Lxeense ,~~e~.d~~e~,s Dear Rebecca: Czty xepeated~y ~ep~ese~ated to the Cou~~ in E~ ~ ~aat the paxr~e~' 2aa3 k~a st Con~~~u~~ty ~,gree~e~.t's "~~guage clearly refers to 'ex sxox~~ ~ yew uses ~~ ~e ~a dill ro ert ,," not to "ex ~.nsions" on tk~e ~0~.$mac~a sout~e~, devela~rnent aasea USDA} property, City ~'~o~osed ~ .. , Menr~o. aid O~d.a~ at ~~m~7 ~enaphas~s ~n ox~~~nal}; see also ~ 2l ~ ~10~ City opal argume~.t. ~zven pity's t~enpexisting CUB and ~ice~~e a~p~rovax of ERLrs ~2.~-acre :N~S~ ia~ad~il area, City understood and rcxte~ated his understanding at the Decernbe~ ~ 7 hearing} that the o~ area to C "expand , .. on ~,~ Landfill property" was to the south into the 200-foot buff~z area. fore s eci~'~caiiy~ the la~.d~~i e~-p~siox~ lea within this 20~-foot bu~fex as*ea, while rn.aint~inl~a~ ~a~ p ~ d d" ~~O~faot buff'e~~ on the east arad ~ucst, is the 7,5 acres which, zs south of the ap~~ove ~sposa~ area. ~.nd, because the expa~asian to the southexn edge pf the existing i37.~~aere iax~~~~iZ xo e~y would duo to the southwd ~,Qve~,e~,t of the end slope on the soutih side of the ~p ~a~adfill} allow additian~ ~SVi1 to be disposed of a~a 5.9 acres of tie a~~eady permitted dxspasai area, the total expansion a~~ea is act~a.lly ~ ~ .4 aces. See Dia~rana ~attached~~ ~~. ~ 6. ~s ~a~~ of ~~L and Tiller's October 2DD~ ~~e~uest to mzne within mast of the ?.S~~,cre area, City staff repz~sezated that itwould be ''i~appxapxxate ~f or City to consid,e~" this e~pa~sioaa re ucst, whicka it described as a '"component" of the expansion of the ~arid,~ii, witk~o~t ~e fu~i ~ . landf~l] ex ansion o~ato the 10~.~^a.cre ~D~, property, Ear, ~~, ~.~ response, ~~1~ a~,d ~`~~~er i' ~u~thdrew weir request and, as City ~~st~ucted, ~~L ~ncorpoxoted ~e pze~vio~s~y requested ''expansions . ~ . on tie Landf~il property" znto its ~~rc~ 30, zoos requested 73.E-acne land~~ll ~xp~rasio~ ~ that is, ~ ~. 3.~-acre "e~pans~o~, , , , on the Zandf 11 property" wx~ ~. ~O~acre ~xpa~.sion on the 10~~~Aacre SD~1 prope~~ty. Briggs and Moran, Prvf~~siart0t' A~S4~i~tion Mlnne~~oll~ I St. Pa~~l I wv~rn-,brig~~,cc~rn Member • Lex Mundt, ~ GI4i~a! A~~OCIatIOrt 0~ Independent Lem Firms 01 ~'2~i X010 16.03 + ER~GGS ~~~iDRGAN Pr1PLS ~ PAGE 0~I06 BR~G~~ ANA n~o~~AN Rebecca. Haug ~a~ua~y 2~, 20 ~ 0 Page 3 parties' 2003 Host Community Agreement would o~h.erwise z~npl~operiy a.en,deJ. City's ''cooperation" obligation moot, There is, in any event, no such buffet xeclui~e~e~.t ~~, e~~ex Chapter 30 or Chapter 5~ of the City Code. And. ESL can satisfy Minn, R. 7035,2~15's 200-foot bu~`f e~ through its a.rran.gements with the adjacent la~dow~er. Mo~eove~, City a~xeady had its opportunity to identify its objections to and. concerns with FRL`s 7~ .4-acre i~radflli expannsion, i~cludi~,g the X3.4-acre portion of the e~'pan~zon. And City's sole objcotzpn -- i.~,, ~~.c~ of SwP ~- telatedjust to the ~0 acres of the expansion on the 148,8~acre 5DA property, nog the 13,4 acres of the expansion ova the e~istir~~ ~ 3 7.4-acre Landfill property, ~egard.zn~ City's ra osed CUP and. License arn.end,ments, E~~, has the same two obj ectious. E~ objects to ~c cha~~e~ to ¶ 4 ~29~ ~"Ce~~ ~ 7 "~. ~~~, a~~eady has ~ approved construction playa for ~ 4 ~~.~~, ERL also objects to the changes to ~ 4 ~3 ~~ ~"end Use Plan"}. ESL has axa approved en.d use plat, and ESL's wi~li~gness ~o accept ~.s an end ~tse play, "passive xecreatio~al use'' way ~z~aa~ted to its app~~catso~ fox its 73,4~acre landf ll expansion, For the same season, ERL similarly objects to Cityas proposed CUP ~ 3 ~"buffer ~one~scree~aing"} a~ad its insistence that an `~~nd use p~a~... , be submitted foz appzav~, by pece~ber 3 ~, 20~ ~ by the City," together with City' ~ apparenx ~~empt thrau~h its PAD numbers to extend, t:he "bu'ff'er ~da~.e'' cutsid:e of the establi sued 200 ~ee~. ~'~n~.liy, City h~.s axgu.ed. to the Cou,~t that the record for judic~a~ ~ev~ew off' City's dec~s~o~~ making is limited ~o otXy tb,ose records ~ inc~udin~ City's own records! ~- to which. ESL 5pec~~~ea~~y sub~its or references. Accordingly, F~L incorporates ~~ato its appiic~~~o~ a~Z off' tie brief ng and exhibits which have herexofoxe beet submitted to the Courtin ERL I ~.nd..~RL II, as well as ail of ~c docu;~ents and records which City produced Per E~~'s data. pxac~zces ~,ct xe~uests, W. ,l~a.l4~ed. Ct~~~,,140 F.3d 1140, 1142 ~~th Cis. i99~~; ~at~s v, Long,~sla~~d ,R.,~. C'a., 9~7 ~',2d 1428, 1437 ~2d Cir. 1993}. Judicial estoppel is i~,vo~ed "to Protect the integrity of the judicial process from a ply wino plays fast and loose nth the coins," ~t°~~~, 5~1 N.w.2d at 4~2; ~ossai~~i, 140 F,3d at 1143, The purposes of the doctri~.e ofF~udicial estoppel axe to pxeserve judicial zntegrzty by avoid~tg ~,e ~ls~ a~ l~eQ~slste~t results i~ t~~o proceedings. ~Iossai~~i, ~ 40 ~'.3d at ~ X42, Stma~ v. ~SafeZit~ Glass Carp., l2~ ~,3d 6~, 71 ~2d Cir.1997}. "[Absent any good explanation, a party ~hou2d not be allowed to gai~a an advantage by iz~~atiot at o~,e tb,eary, aid then seep an inconsistent ad~ratt~age by puxsuitg a~. itcoa~patibZe theory." 18 C, wri~ht, A. Miller ~ ~= Covp~r, Fcd~ral Practice ~ Procedure § 477 at 7~~. This approach focuses "directly Qn ~e risk of x~,conslstett results and the perceived unseemliness of a lx~igant",s conduct," Id, at 78 ~ . 011281010 X6:06 ~ BRIGGS r~~DRGAN I~~1PL5 ~, PAGE 05106 ~~IG~~ App MOR~AN ~ebecc~. k~J~.u~ , Janu~xy ~S, 2D~U gage 4 Cansis~en~ ~~~~ ED'S ~ecc~abcz ~ 7 ~~dcou:~ se~t~e~e~,~ ove~tut~es ~wh~ck~ whe,~ ~xessed by tie Cou~~t were red acted bar C~~y}, E~~ be~~eves tba~ ~~~ c~~xe~t ~e~ues~ fox its ~ 3.4*ac~e e~pax~sio~a would b.e~~ c~.co~~age a set~:~e~e~~. kegardles~ of the results of the rest of ~e l~t~~at~o~, tie Itn~tt~d e~~ans~o~. would, buy a few yea,~~s of. life ~`ox tae Zd~`~~l wb.~~e tb,e ~a~d~~~~ ez~,er ~aegatiates a com~ronuse salut~a~a ox ~~ads a~a ~~~e~.a~~vc ~~.~~~ ~~te~, ze~y~ c~ X..~ y ~,~t~ch~nent cc. ~. ~eclc ~ ~ B a~~ex ~. ,A,ye~s ~, wa~te~s ~. ,~eff~y z~~~~67v ~ 01I~~I~0~0 x.6:03 + BRIGGS IVIDRG~N Iu1PLS ~. 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'1~16~ ~Y>jirl~.rw,.,~ww•"............~.r..w...n.......,....~•,rl•.....w. ~I~ 1 ,'~i'W i 1~ 1 1 1 1 I i 1..~I~ r• i .ir.r-' .. ~ti ' r .; I I. :/VD IrAAArA.AMAIA.Air...w...a......1...,.+r....r...~............,.,..~ ................1.........._.. .I.............,..: ............. ~VO E ~ ~ I ~ 1 I 95D 0 1 no ~pq FDA +GnQ 500 GDO 7p0 9005p 'ILEIHU177Az/LLK NNL~~14p01JWt3pldidpp/JFH30f0AA!1~1.v~N DIS1'hHCG 1+'1 ~1;£T V~R'f1GAf. ~~AGOERATiON ~ 5x ELK f~IVER ~,A1'f~F1[,(,, ~HE»RpVAN~' COUNr~'1 ~I~~i:'5DTA - Pf~Ef~AR~p FDA £L!( RfvER ~MlaFftrl., IkC, ~ JANUl~1r1 X010 Ad~illona! ~Jr~pace wllh Revised C~1[ 9aunGary ~1~ ,~~+~ ~'' City of Elk -.~ River ~~Q~~ U1'Ql]~ ~~I'1CWc~~r Elk I~~ver, MN SS3~~ Feb~•uary 3, 710 Elk R.ivex~ Landfill Ms, Deb ~iralters 22460 Highway 1 b9 N~ Elk Ri~Ter, h~ 55330 RE: Elk River Land:~ll,lnc, Application for CUP and Lice~ase Re~~ewal Dea~• Deb; This letter is ~~~ response to tl~e January 2$, 2x10 letter from ,lack Y. Perry to ~~~e, I~~ the fourth paragraph of that letter, Mr. Perry states that "ERL hereby requests ~withaut waiving its pending applications before the court} the necessary CUP and License a1~ne~~drnents to authorize its n~iningllandfill expansion within the 13,4 acre area, as described above and shown on the attached diagram," By process of elimination, the "description above" referenced at the end of this sentence was to an expansion "to the south into the 200-foot buffer area," south of the approved disposal area and to the southern edge of the existing landfill property, while maintaining "the 20o-foot buffer on the east and west," Nlr, Perry's letter proposes a 1,b71,300 cubic yard expansion of the approved solid waste disposal area o~~ the Landfill Propert~l, which would extend into the existing 200-foot buffer zone on the southern edge of the Landfill Propet~y, This is an entirely new proposal which has not previously been sub~nitted to the City, Tl~e application far an amended CUP to allover expansion of the Landfill into the Southern Developme~~t Area, which was denied on actober 19, 20D9, did not include an alternative to expand the Landfill exclusively on the Landf lI's existing property, and no mention of or request fo~• such an expa~~sion was ~x~ade at an~r paint in those proceedings, Sin~ila~~ly, the pending applicatio~a for renewal of the existing CUP and license for the Landfill, submitted o~~ Decen~be~• 2$, 200, does ~~ot propose or ~~nention such axe expansion, ~n fact, the suggested revisions to tl~e CUP which you sub~~nitted in connection with tl~e pexading application did not include any change to paragraph 3 of the CUP, Vlrl7ich gover~~s tl~e ``Buffer ZonelScreening,, In addition, the application za~aterials submitted v~fith floe pending application did not include any of the plans and other sub~x~ission ~r~atex°ials required for an expansio~~ of tl~e Landfill to be evaluated or acted upon, Fo~~ instance, an application to expand the solid waste disposal area would need to den~ot~strate how are expansion into the buffer zone ~vould be screened and v~fhere tl~e infrastructure to support such an expansion service roads, wells, storm ~4rater ~nanagen~ent, etc,} would be located. The landfill alv~rays leas the right to apply for an amendment to its existing CUP, includi~lg an az~nendment that would expa~ad the solid waste disposal area on the portion of the Landfill Propez~ty ~'#lane; 7G3,G3~,1~oa ~~; 7~3.G3~~10g0 WW4~'Cl,~l~-C1Y~C,1Yll],lls GRAY, PLANT, MQQTY, MQQTY ~ B~NN~TT, P.A. A FULL-SERVICE LAVV FIRM MiNNI;APGLlS, MN ~ S7. CLOUp, MN ~ WASFIINGTON, UC WWW.GPMLAW.CQM Ms, Deb wal~er~ Februar}~ 3, ?0 ~ 0 Page ? zo~~ed Solid V~raste Facilities, However, the application curre~~tly pending befo~•e the City is not a~~ applicatiol~ to expand the solid waste disposal area and leas not been noticed to the public as such, The pending application could be a3l~ended to Include a request to expand the solid waste disposal area witI~in the landfill property, but a request for such axe an~e~~d~r~ez~t would have to include all of tl~e required submission i~laterials, a~~d notice to the public world lave to ve republished and ren~ailed sa that the public has been pro~~ided fair at~d reasonable notice of tl~e p~~oposed expansion. The landfill's current CUP and license expire on Februa~~y l7, x.010, The pending application fo~• a~~ amended CUP and license are scheduled to be heard by the Elk River' PIa~ln~ng Cola~~n~sslon on February 9, ?010, and the Elk River City Council on February ~ 6, col o. Unless the City is notified b~~ file la~~dfill in writil~g that the pending application is being withdrawn o~• amended, the hearings befo~•e the Plan~ling Commission and tl~e City Council on the pendixag application ufill proceed as scheduled. Mr. Perry's Ja~~uary ~S, 201D letter objecting to the buffer requi~•ement and proposing a ~,~71,300- cubicyard expansion of the landfill had attached to it one schematic drawi~ag slowing the expansion area, but included no other plans or materials that would de~aaonstrate low tlae expansion area would ~be screened, nor where the infrastructure to suppo~~t s~.~cla an expansion., such as service roads, wells, stoma water ~~.anagenaent, etc., would 'be locate. Nor is there any mention i~. Mr. Pen'y's letter as to v~Thether the N~in~aesota Pollution Control Agency, the Responsible Crovernnaental Unit for environmental review of an~r significant expansion of a laxadfzll, lags ~~e~liewed ox evaluated the potential enviro~ur~e~~tal effects of this proposed expansion, or° reviewed or approved this expansion proposal. ~f there is an environmental ~`eview process ~a~andated by the Mi~uaesota En~rironnae~atal Policy Act that iaas not beexa conapieted, the City of Ells River is prohibited from granting a~a anaezadn~e~at to tlae CUP or license alloying that expansion, Therefore, to the extent that Mr, Perry's letter constitutes a written request to a~~end the pending application to eliminate the ?o0-foot buffer zone and to i~~cz~ease tl~e capacity of the Ia~~df ll by Z,~71,300 cubic yards, this letter is to notif}~ the landfill, pursua~~t to Minnesota Statutes ~ 15.99, that this request to a~~end tl~e applicatio~~ is i~aco~~~plete for failure to submit the following materials zequired to evaluate such a~~ application for expansion: A co~~npleted Applicatio~~ Forz~n and Application Fee. labels for Property owners within ~5o feet of the Landfill Prope~~ty; obtained fro~x~ the Sherburne County Tax Division, A typewritten narrative describing tl~e expansion proposal. The following playas and additional info~~~natioz~; Gradi~ag Plan Nis, Deb waiters Feb7•uar}~ 3, ZQ l o Page 3 Landscape Pla~~ ~screeni~~g plan} ~ i to P f a~~ End Use Pla~~ Dl•ainage Caicuiatio~~s Legal Description wetla~ld Dete~•z~linatio~~ cif t~eeded~ Tl~e c~~~, also i~as tl7e discretia~l to request additional info~•mation Tlae City of Elk Riven will proceed with public hearizags on the pending application to a~aaend and renew tlae current CUP and license for the landfill, unless the landfill withdraws those applications in writing, we will present the conanaents set forth in yaux• elaaail yesterday, and the objections set fa~•th in l~~r, Pe7'ry5s letter, to paragraphs 3, 4 ~~9~ and ~ ~3 ~~ to tlae Pla~l~aing Coinnaission aaad Cit~l Council for thei~~ consideration, Z assu~ne you Have Sao other cona~aae~ats or obj ections to the proposed CUP and License, 1 appreciate your fox•war~i~ag the updated legal descriptions. Because the CUP and license regulate only the Landfill itself and ~aot azay prope~•ty located west of the City Trail, we will use a desc~•iptioxa of the La~adfill prope~•ty located East of the Trail as Exhibit A. The Planning Conalnission and City Council will not consider anae~adnle~at of the CUP a~ad license to increase the capacity of the landfill by 1,71,300 cubic yards, because the necessary application materials to support such an expansion proposal have not been submitted, the public lags not been natif~ed of such an expansian proposal, and tlae City laas n.o infornaatioza as to whether any fi~~•ther en~rlronna.ental review of such an expansion proposal is required, and if so, whetlaez• it laas been completed. ~f you do wish to withdraw tlae pending application for renewal of the e~isti~ag CtJP a~ad license, please notify the City in writi~ag immediately so the public can be notified that there will be no public laear'ings before tlae Planning Cona~aaissioza and City Council on Februaxy 9 and February 16, X010, In such event, the existing CUP and license will expire ova February l7, X010, and tlae landfill will be required to cease operations on that date until a new or amended CUP and license a~•e processed and approved as required by NZinnesota law. Please let zaae l~now if ~lou have any questions, 1 expect that the staff report for tlae Planning Commission meeting will be read~1 by late Tlauz'sday ox~ Friday, and we ~~rill get it to you as soon as it goes to tlae Planning Cona~aaission ~aaenabers, ~e~°y t~•uly yout•s, Rebecca Haug Environrr~eiltal Ad~~ninist~•ator R~'I;~'~~3:11'ti~'G~';~7??9J~ 1'~ U , ~~C~C From: Uvalfers, Debra ~dwafters@wm.com~ Send; Tuesday, February U9, 201 ~ 2:43 PM TQ; Haug, Rebecca Subject: Elk River Landfill At~achmen~s: micflelle - 02-10-10 ~ Z84G24N,pdf ~.~K' $:j~. michelie - Q2-~0-10 w Z$4G~4N,,., Rebecca, Attached is a copy of a page from ERL's old license 2001 and 2004. As you will see in 2001, License read "Cell 14 through Cell 17'~ in 2004 the verbage changed to "Cell 17" The construction of Cell 17 was included in and approved with the permit application submitted in 1999 and revised in 2001 by the City of Elk River, Sherburne County, and the MPCA. The 1999/2001 permit application included detailed plans on the constr~~ction of cell 17, as well as copies of the specifications and construction quality assurance plan. In 2005, the Landfill submitted plans and specifications for the construction of the base portion of Cell 17, which were approved, and thus Cell 1`7 was constructed during the summer of 2005. Following the completion of construction in 2005, the Landfill received approval for waste placement from the MPCA, Therefore, 1 am confused on why is the city wants us to submit a modified development and closure plan for Cell 17. See you tonight. Deb ------original Message------ From: michelle [mailto:mkostrze@wm.com] Sent : Wednesday, February 10, 2010 ~.: 33. PM To: Walters, Debra Subject: IKON DocSend files for you This document was generated by IKON DocSend on the device #c00015278. To learn how a digital workflow can help your business reduce expenses, improve productivity and streamline communications, call 888-ASK IKON or visit www.ikon.com. G~aste Management recycles enough paper every year to save 4l million trees. By not printing this email, you can help save even more. ,.i'~ . , ~. ,. ~'~'~ ?4 ode uate laui ~nont. Adequate equxpn~en,# shall be Sup~ljed capaUle of ' ~ ' r # eas# one Machin e ca abl e of spreadxn~ and cazx~pact~n~ the re~.se as recet~ ed. ~. l p Goverira~ ~e ~~arl~in~ face, in its entiret}r at the end of the day, sb.all be supplied. ~~.~~ xnfan.~na#ion Das la . subject #a appro~~al by the City ~a~uz~ci~, the Licensee shall ~~naintain. at each entrance to the landfill l~ropert~~ a sa ~n stating the narn.e of the f acility, the soheduie.of da}r~ and hours the facili~~ is open ~o the public, prices for use of the facility, the Minnesota pallu#iQn Control Agency, penl7it number aiad the penalty for nonconfoxining dumping, ~?G~ Screeriinal~uffer Stri s. visual screening of the unitary ~and~"ill site, as re aired by the Conditional Use permit for the ~andfi~l ~'roperty and as approved q by tae City Counczl, shall be provided bsr the use of bnffer ~on~s, natural ab~ects, trees, plants, seeded soil beans, fences, and other s~zitable mea~.s. Z7 ~:~all-load hum. i.n~ SXte, The ~,icensee shall, duri.n~-a1I hours of ~~ . a eratian, maintain anal operate a sepazate sui~.ble and safe disposal area for the ~ 'te shad du~.pxng of sraa~l loads by pick~.p trucks, cars, and tr~alers, T~.is separate si be located and operated with due regard for the nature of the ~~hicles brin~n~ . such loads, and the norn~al frequency of such du~~pzn~. ~~~~ Oak wilt prevention. AS a method to prevent.aak ~~i~t, licensee shall not .~ conduct any tree renio~ral operafi,ons at the ~andf~ll l~roper#y betweenApril I ~ r addYt~o oak stern s shall be r ernoved ~•ior to April l ~ and ,suly 1 ~ each }ear. ~n ~, p p each year. ~~.ea. ren~aving does and stumps, licensee siaall prevent darna;e to rernaini.ng txees~ ~'~~~ ~eachate ~ecirculatian. ~ernedies for problems arising fra~n loachate rocirculation include, but arc not limited ta, the cessation of ] e~.chate recircula~on and reverting back to traditional leachate treatment. ~ ~ ~ 3D Ce1117, The ~i 's a royal of cell l 7 is cantingezXt on City staff's review ~ } .--.~ ~' pp t ' aad appx•o~al of the specific Cax~struction details. ~ - ~ . ~~ r~ ~ h andhll Shall Subn~t an end Use flan to the ~~ ' by c~ ~~1~ end Use flan, 'fie I~ ~ ~ ~a6. 5,~ Off bite fitter ~antxol. ~.e ~,icenSee shall engage an a. r•e~ular and routine litter rnair~t,enance and removal program extending one-half ~z~~le north and south of the entrance to the Larrdf ll anal to any other areas ad~~ersel~ impacted by debns rotated to ~a~adfill operations as nay be determined by the City, sitter shall be rei~no~~ed froxx~ These areas not less Haan once per ~~eek, and i~aare often if necessary because of spills ar cornplairats from nei~hbax-in~ pi-c~per~}r o~~ners, and ensure that these areas are kept free of litter generated b~~ tru.c~ traffic tra~1eiing to and fxoix~ the landfill, In addition, Licensee shall inspect all trucks leaving the ~~ - 1 ed, andla~• clean. and ~,andfill fio ensu~•e that the} ar e either fully enclosed. or coy er , ~1 „ ~ Y r}+~~ 4 , . .r . ~ and July ~ 5 each year, In addition, oak stun~.ps shall be removed prior to April ~ 5 .each year, then removing trees and stumps, Licensee shall prevent damage to ,_ ren~ainin~ gees. ~3 ~} Leachate ~.ecixculation. The City's approval of leacl~a~e recirculation: is continge;at a~. appra~ral b~ ~pC~ and Sherburne Cat~nty. ~.e~,e~ies far prablenas arising from ieachate reci~culatian ir~elude, bud are not li~ited to, the cessation of ]sachets recYrculation and xeven~g deck to traditianaa leachate treatrr~ent. ~~~} ~~11s 14 trough 17. The City~s approval of cells ~ ~ through ~ 7 is contingent an City Sta~`'s review and approval of the specific cons~a.ction details. ~~ to ~~' side slopes for these cells ~s contingent an approval by N~pCA. and ,Sherburne County. ~~~} ~n~_~s~ Flora. The Landfill shall submit an end Case plan to the Cif as part of their next renewal of this permit in ~DO4. 5.} OffpSite sitter Contxol. The Licensee shall engage in a xegular and rautin.e litter mainte~aance and removal program extending one-half mile north and souk . of the er~~'ance to the Landfill and to any other areas adversely impacted by debris rel~.ted to Landfill ape~~ations as naay be dete~nined by the City. Litter shall be removed from these areas riot less than ante per week, and more often if u.ecessary because of spills or car plaints fxorn neighboring property owners, anal insure ghat these areas are kept free of litter generated by truck traffic traveling to . ~ and fi"on~ ~e Landfill. ~n addi~nn, Licensee shall inspect all trucks leaving ~e Lar~d~ill tQ ensure that they are eit~hex f~Ily enclosed ar covered, and~or clean, and will got spread litter on surro~ndirrg streets and roadways as~they leave, In the event that Licensee fails to renaave litter within fortyMcight ~4~}hours of notice of h accumulation of lxtter.by the Crty, the City may cause suc1~ litter to be rem.aved. The Cif shall bill the cost of such remove! to the Licensee, which shall remit payment within thirty ~3~} days of the date of such billing. ~}. general Performance Standards. The Licensee shat] comply with the following p~e~'oxmanee standards and operating xe~uirernents. ~~~ } ~azardaus wastes prohibited. ~o ~ardaus wastes shall be disposed of in the Landfill, ~, (~~}an ~ Brous ~f a~~~s. ~o dangerous wastes has def ned in the Code of C~rdinaxaces for the City of ilk T~.iver} shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required ~y Chapter ~D4 of the City Cade of ordinances. The City shall respond to xequests for pernaissxan to dispose dangerous wastes within fifteen ~ 1 ~} days frarn receipt of the request as appropriate. Zf a request tp dispose of dangerous wastes is rejected by the City building ~ honing Administrator, or the City's authorised consultantlagent,the dangerous wastes nosy nc~t be disposed at the Landfill, .; ~~ A WANE MANAG~M~N1" CDMPANY . ~ 2~~60 Hwy.169 NW Elk River, MN 55330 ~slz~ ~~•~~~~ (612~'4~lrz0z5 fax larch ~ 8, X005 Nis. ~ath~r Hollandp~anson Niinnesa~a Pollution Control .Agency Lake Avenue Plaza Suite Z2~ ~ ~ 4 Lake Avenue Detroit Lakes, ~N 56501 ' ~E; ~Sw' CeIX ~ 7 Construction Flans and Specif~catians, ilk River Landfill ~~#74 a D ear lathy, Enclosed please find two copies of the .I~SW Cell Z 7 Constr~ctio~~ .Plans and S~pecificat~'ons for doe EIk River Landfill ~ERL},located ~. the City off' Elk River, Sherburne County, Mit~r~.esata. The .~5~ Cell .l ~' Co~~struction .Plan and S~ec~cations can be found the enclosed CD's one disc with the front end contract docurnentsladdenda, and a second disc with the technical specifications and drawings for the ERL}, For ease of reference, a hard copy o~'the Construction Plan Sheets is also included, xt should be noted that the .I~ISi~ Cell ~ 7 Construction .Plans and S~peci nations were included as part of a larger "Bid Fondle"package distributed to contractors, and thus additional information may be contained ~n the £rant end documents that does not apply directly to the construction tal~.ng place at the ~RL this surnrner. As you are aware, Cell 17 is the last ~SS~ cell to be constructed at the ~RL as curre~.tly permitted. The ERL lags recently submitted a .~e~zcest for .Permit ~ad~cation to include the Southen~ Development Area and is currently working through the environmental review process, As the environzuental review and permitting process continues, the ~RL is anticipating the need for additional disposal capacity in X00512006, 'Therefore, the ERL will be constzu.cting Cell 1? during the 205 construction season It is anticipated that co~astruction, starting v~ith rough ~ ~' grading and bean construction, will be initiated in early to mid .A.pril and completed by August 1 ~~, As previously discussed with yob e ~:.Lis. propas~..~g so~.e minor modifiicatians ~. the cons~ru.ction off' Cell 17, ~-Y .a, ~~ ~~o~ ~~~~~~~~.~~~~~~~_~ ~~~f~~ ~ t t ~~ gage Z of 3 NSarch 1 S, 2005 The modecations included as part of the .~fSE Cerr ~ 7 Construction .Pans and S eci cations are .~ ~ as follows; ~., Cep 7 ~asegrades:.A,s approved in a letter dated January l6, 2003, Cell ~ 7 will be constructed at the same elevations as the base grades in Cell l ~, This volume addition was included in the ~R.L's current pez~nit, S~wp74, dated October g, 2003. 2, Southern erns Canstr~ctiou: The southern berm of Cell 17 has been modified such that it will now be constructed with an inbound slope ranging from 2:1 to 4.5:1 horizontal: vertical}. The initial construction, as spawn on the plan sheets ~Sheet~ 3 and ~ would be for a bean that is approximately 4.5 feet high. The initial berm. will be constructed very similar to the phase separation berms typically placed between each cell. A.s the ~Iling of Cell ~ 7 progresses, this berm wi11 be extended up in 7~5 foot vertical increments. The berm will continue to be extended until the Southern nevelapment Area is permitted ar closure grades are reached. The phased construction of this berm is detailed on the attached ~'Iguxe .. 3~ west erm~ Constructfan; The west berm is currently permitted with an outside slope to be constz~ucted at approximately ~ .5.1 ~horizontai; vertical} in an effort to preserve trees located in the setpback area, During a recent field survey it was noted that there were few trees located in close proximity to the proposed outside tae of the slope, and none of the gees ~. close proximity of the berm. were of significant size, Therefore, the ~~L ro ores to pp construct the outside slaps ofthe Cell l7 west berm at a 2;~1 slope, The 2:1 slope will be easier to construct and easier to maintain than the currrently per~uitted x..5:1 slope, This modified bens. is shown an Sheet 3 and associated details. 4. ternative Liner esign:.A,.s recently discussed an the phone, the ERL would also like the aptiaxi to substitute a layer of Geosynthetic Clay Liner (GCL fvr the upper i2-inches of . compacted clay. The technical specifications fox the GCL and installation of the GCL are included iii tae enclosed CeZI .~ 7 ~'onst~uction Plans acid Specif~ica~ions. The ~RL is requesting to keep the base of the clay linear at the carne elevation as wauld.be used ~. the currently approved 2~foot clay layer design, and therefore an additional ~ Mfoot of air space would be gained, see ~'zgure ~, C~p~~on A., Zf approval far the Option ~. base liner ~nodz~icatian is obtainable by the ~staxt of canst~ruuction, the reserve capacity already permitted is sufficient to acconuuodate this m.adi~.catian. The Option A, modi~.cation will increase the perrn~tted capacity by appraxiin.ately 6,700 cubic yards. however, as previously stated, the ~~L is anticipating the initiation. of Cell ~ 7 construction in .~pril and cannot postpone or delay this construction timepfiarne, ,~.s a result, the ~~.I, has. also sub~.i.tted an additional liner detail ~~igure ~, Option }that will maintain the currently perzni.tted base of waste elevations, and therefore substituting GCL fox the l~faot of clay; will raise the base of the clay liner by l foot, Ultimately, the decision as to whether or not GCL will be used~in place of lfoot of clay will be dependent an the costs associated with clay layer placement and GCL material and placement at the ~~L, S~ Sand. rainage layer: Lastly, as a paint of clarif~catian, the ET~.-'s permit requires a l2~ inch sand drainage layer meeting the necessary penueability requi:re:~.ents. 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W k~ ~ + ~ l '~ ~ ~~a®~ ~ ~ ~ ts1 h• ~ ~®v~ia n a N v ~" ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ,J ~ ~• ~ ~ ~ ~~° ~~ ~ N ~ '~ - ~ W . d- U} ® ® f-. ~ ~ V1 ~ ~ ' ~ ~ ~ ' E ~ ~ ~ IX ~ .~ ~ , ~ ~ ~ Q tD ' ~ ~ ~ ~ ~ ~, W ~ ~ r ~ ~ ~ ~ (f~ a ~ ~ ~ ~ ~ ~ ~ ~ ,® ~ ~ ~ ~ ~ ~ ~ C~ Q1 ~ J ~° ~ N p ~ ~ ~ ~ °~ ~! ~ ~ ~ ~ ~~ ' ~ I ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~~~ ~ ®}~ ~ ~ LrJ ~ ~ ~" U1 W ~ ~ ~ ~ .~...I Li.1 ~1~~ ~ M~ W M , f RESQLUTI~N N~. ~ 0~ City Council City of Elk River A. eso~u~~on .A rovln the A ~ica~ion of EI R~.ver Landfll~ Inc, for an Amended Condx~xana~ Use Pern~t and License for the E~~st~n ~~~ R~.ver Landfill WHEREAS, Elk River Landfill, Inc, ERL}, a wholly-owned subsidiary of Waste Management, Inc. ~WMI}, is the owner and operator of t11e Elk River Landfill Landfill}; and WHEREAS, ERL has submitted a land use application Application} to t11e City requesting the approval of an amended Conditional Use Permit SCUP} and Solid Waste Facilities License ~SWFL} for the Landfill; and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Ells River City Cade, the request by ERL far an amended CUP and License was referred to the City of Elk River Planning Commission for the purpose of holding a public hearing and making a recommendation to the Elk River City Council on the request; and WHEREAS, the Planning Commission held a public hearing on the request on February ~, 2010, at which time ERL was provided as much time as it desired to present the request and all information and data they desired in support of the Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the February 9, 2010 public hearing; and WHEREAS, the Planning Commission closed its public hea~~ing on the request on February 9, 2010 and adopted a motion recommending to the Elk River City Council that the request for an amended CUP and SWFL for the Landfill be approved, subj ect to the conditions recommended by City staff asset forth in the proposed amended CUP and SWFL reviewed by the Planning Commission; and WHEREAS, the Elk River City Council, on February 1 G, 2010, held a public hearing on the request for an amended CUP and License and considered the Planning Commission's recommendation; and WHEREAS, ERL and all members of the public desiz~ing to speak at the February 16, 201 D public hearing before the City Council were provided the oppartunity to do so; and WHEREAS, all written materials submitted by ERL and all members of the public prior to and at the public hearing on February 1 ~, 2010 were accepted into the record; and WHEREAS, during the February 16, 2010 public hearing the City Council discussed the merits of the request and took into consideration the Planning Commission's February 9, 2010 recom~a~endation; and WHEREAS, after all parties desiring to present testimony and offer evidence for or against the request for an amended CUP and SWFL had had the opportunity to do so, the Elk River City Council closed the public hearing on the request, continued its discussion of the request, and reached the decisioxa incorporated in this Resolution, NCW, THEREFORE, the City Council of the City of Elk River makes the fallowing Findings of Fact and Decision with respect to the request of ERL for an amended CUP and SWFL for the existing Landfill: FINDINGS OF FACT 1. The City Council makes the following findings of fact with respect to the Application by ERL for an amended CUP and SWFL for the Landfill: ~a} That the Landfill is a Solid waste Facility, as that term is defined in the Elk River City Code of Ordinances. 2 fib} That Solid Waste Facilities are only allowed, as a conditional use, within the City's Solid waste Facilities Overlay Zoning District. ~c} That the Landfill is located within the City's Solid waste Facilities overlay Zoning District; ~d} That a license to operate a Solid Waste Facility can only be issued to a facility which is located within the Salid waste Facility overlay District and which has received a conditional use permit to operate; fie} That the Landfill has a valid, existing conditional use permit and license to operate a Solid waste Facility on the existing Landfill property, which Conditional Use Permit and License expire on February ~ 7, 2010; ~f} That ERL has applied to amend the existing CUP and License so that operation of the existing Landf 11 may continue beyond February 17, 2010; fig} That the Application to amend the CUP and License applies only to the existing Landfill, as described in the legal descriptions attached to the Amended CUP and SWFL attached to this Resolution; ~h} That the City Council does not have before it an application to expand the fill area of the Landfill into the existing 200 foot buffer zone Buffer Zone} which extends 200 feet North from the Southern property line of the Landfill; ~i} That the 200 foot Buffer Zone, which is required by State law and regulation, is an integral part of the Solid waste Facility which is the Landfill and is therefore required to be located on Landfill property which 3 is zoned Solid waste Facilities and subject to the CUP and SWFL for the Landfill; ~j} That the application before the City Council does not propose or contemplate any expansion of the Solid waste capacity of the Landfill beyond that approved in the existing CUP and SWFL; ~k} That the proposed Amended CUP and SWFL attached to this Resolution provide that no Solid Waste wi11 be deposited within the 20o foot Buffer Zone; ~l~ That, based upon the entire record before the City Council, and the Findings of Fact set forth in this Resolution, the Amended CUP and SWFL attached to this Resolution comply with the City of Ells River Solid Waste Facilities Ordinance and meet the standards for approval of an Amended CUP and SwFL for the Landfill. DECrS~ON THEREFORE, the City Council of the City of E11~ River makes the following Decision with respect to the request for an Amended Conditional Use Permit and SwFL for the existing Landfill; A. All of the reports and :materials prepared by City Staff and City Consultants are hereby adopted and incorporated within tlae City Council's Decision on this matter, B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those 4 materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, and their consultants, and all testimony received from the public, as of the date of this Resolution. C. The Findings of Fact set forth above in this Resolution are hereby adopted and incorporated as specif c grounds for the Decision set forth herein, D. Based an all of the above, and in particular on the fact that the Application for an Amended CUP and SWFL for the Landfill does not include a request to deposit Solid Waste within the existing 200 foot Buffer Zone or to increase the solid waste capacity of the Landfill, the request of ERL fo~• an amended Conditional Use Permit and SWFL for the Landfill is hereby granted, and an amended CUP and SWFL in the forms attached to this Resolution are approved, on condition that the "Agreement for Issuance of Amended Conditional Use Permit," and the "City of Elk River Solid waste Facility License Agreement," in the forms attached to this Resolution, are executed by ERL andlor wMI, THIS RESOLUTION PASSED AND ADAPTED this 1 nth day of February, 20I0. Stephanie I~.linzing, Mayor Tina Allard, City Clerk GP;272895 vl