5.3. PCSR 03-09-2010REQUEST FOR ACTION
® ~~ u~~
Planning Commission 5,3.
Ana. ~ct~®n ~ed~ a~t~ rere ~
Planning March 9, 2010 Rebecca Haug,
Environmental Admin.
~e ~scr~~i®n ev~~d
Request by Grew River Energy ~GRE~ to amend Conditional Lori Johnson, City
Use T'ermit and License Administrator
M~ Statute ~5.~9 AGO day rule} status: The application has been deemed complete as a~
February 2, 2010, The City must approve, approve with conditions, or deny the project by
March 28, 2010,
GENERAL TN~'DR.I~AT~DN:
.Applicant: Great River Energy
Requested Action Amend Conditional Use Permit and License
Location and Size: 10700165t1t St NIT
Location Existing Land Use Land Use Plan Designation Current
honing
Property in
Question Solid waste Facility Light Industrial i i ~SwF~
North Agriculture Highway Business/Ag Research I I
South Agriculture Hi hwa Business
g Y C3
East Agriculture Research AR
west Highway Business HighwayBusiness 11
In the late 1980's when the City originally permitted Resource Recovery Technologies, LLC (RR'I~
to process refuse derived fuel, a solid waste facility license requirement was adopted to be renewed
and reviewed on a routine schedule. The City has always reviewed the CLJP at the same time. The
Case File: CU ~0-05
Page 2
GRE CUP
City of Elk River
reason f ar both being renewed at the same time is modifications to the language are typically
proposed.
Great River Energy is in the process of negotiating the purchase of the processing plant and is
requesting a provisional CUP and License for the fac' 'tywhich will onlybecome effective once the
sale is finalized. RRT has sent a letter indicating that they do not object to this.
ta~chr~en~s
~ Location map
® The current CUP and SwFL far the fac' 'ty
® RRT letter consenting to GRE amending their CUP and License
chi®~ eu~~t~
There will be two actions with this item.
1. Approve the Solid waste Fac' 'ty License
2. Approve the Conditional Use Permit
These are bath subject to the proposed language changes which either have a strikethrough or are
highlighted in the attached CUP and license. These changes can be considered housekeeping. Many
of the changes related to the change of ownership for the fac' 'ty,
Standards for Issuance of a Conditional/ Interim Use Permit (Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location;
1. mill not e~adanger, injure ar det~°imentally affect the use and enjoyment of other property in t1~e immediate
vicinity ar the public health, safety, morals, comfort, convenience orgeneral Welfare of the neighbar]~aod or the
~y.
2. bill be consistent ~vith the campre]~ensive plan.
3. Dill not impede the normal and orderly development and improvement of sure°ounding vacant prape~~y.
4. dill be served adequately by and gill ~aot adversely affect essential public facilities and services including
streets, police and fire protection, drainage, r fuse di. pawl, a~ater and sever stems, parks and schools; and
~vill not, in particular, create tra~c congestion ar interference ~vith tra~c on adjacent and neigl~baring public
tl~araughfares.
5, mill not involve uses, activities, processes, materials, equ pment and conditions of operation that ~vill be
detrimental to any persons ar property because of excessive tra~c, noise, sma~e, fumes, glare, odors, dust ar
vibrations.
S:IPLANNING MAYN1Case FileslCUP1CU 1D-05 GRElstaff report to PC,doc
Cie Fie; cu 1a-a5
Page 3
GRE CUP
City of Elk River
~. bill not result in tl~e destruction, loss a~° damage of a natural, scenic ar I~ista~rc featu~°e of ~naja~~ ir~apa~~ance.
7. bill fully ca~nply ~itl~ all atber reguirer~ents of this Code, including any applicable regui~°e~nents and
standards far the issuance of a license ar pe~~nit to establish and apes°ate the proposed use in the ci y.
Tf denial of such a permit should occur, it shall accompany recommendations or deternvnations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30~b54.
~n the review of the standards f or CUP as outlined, it appears that the operation is consistent with
all of these standards.
~~~i~
The proposed changes to the license and CUP support continuing the operation at this site as they
have demonstrated that they can meet all the standards f or a CUP. The City has not received
complaints about this operation, Here are some of the more significant changes to the CUP and
SWFL:
Conditional Use_Per~m~_~C
1. G. The Permittee does not have to natif ~ the City of all hot loads.
2. ~Z. Allow outdoor storage of bulliy rejects ~e.g. tanks, white goods, tires} in covered
shelters and hot loads to be stored in enclosed trailers ar trucks.
Solid Taste Facility License (5~1FL~
1. # 7. Prohibited Waste was changed to reflect the MPCA Rules
2. # S A. Change in the number of times loads are inspected
®r~reh~nwe fan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
~c~nlnn~na~~n
Staff supports a recommendation to approve the renewal of GRE's Solid Waste Fac' 'ty License to
be effective once the sale is finalized with RRT.
Staff supports a recommendation to approve the amendment to GRE's Conditional Use Permit to
be effective once the sale is f finalized with RRT.
S;IPLANNiNG MAIN1Case FileslCUP1CU 1~-05 GRE1Staff report to PC,d~c
Case Fife. CU 1aa~
Page 4
GRE CUP
City of Ells River
anan ~I°~'i~SS~®n C6C~n Motion by
~11~
Second by dote
S:IPLAIVNING MAIN1Case FilesICUPICU 10-05 GRE1Staff report to PC.doc
AMENDED C4NDITIflNAL USE PERMIT ND. 86-01
For
.` ~ ~ . ~ ~ ~ . ~ ~ a r ` _ .. ~z ~' ~ T, ~~ ..1 ;~.~.: '~,.~°ea~ ~..~ver ~ner~,~ - .~~1~ .R.iy~r .R.e~o~~t~~,e
Process~.n~x giant
Refuse Derived Fuel Resource Recovery Facility
This Amended Conditional Use Pe~~~nit No. 86-01 was approved by tl~e City
Council of the City of Elk River on December 1,1986, and amended by the City of Elk
River on December 17,1990, January 27,1992, January 18,1994, January 15,1996,
December 20,1999, February 9, 2004, November 22, 2005, November 17, 2008 and
~~~ subject to the following terms;
1, Tlais Conditional Use Permit No. 86-01 the Permit} is for the construction
and operation, on prope~~ty legally described as follows:
The Southwest one-quarter of the Southeast one-quarter SSW '/ of the SE ~/}
of Section 11, Township 32, Range 26, Sherburne County, Mi~ulesota,
according to tlae Government Land Survey, except the South 468 feet of the
west 495 thereof, subject to highway easement of record (the Site},
of the Anoka County Refuse Derived Fuel Resource Recovery Facility as
described in the Draft and Final Environmental Impact Statements for The
Facility dated April 1986 and July 1986; and as described in the Combined
Air and Solid waste Permit No, ~~~0~~14100022-003 for an Air Emission
Facility, Air Pollution Control Equipment and Solid Waste Processing System
and Permit for the const~~uction and operation of a Waste Processing Facility
and System, No. SW-3 05, issued by tlae Minnesota Pollution Control Agency
~MPCA}; and as described in ~1} "Response to RDF Information Sheet Issued
by the Concerned Citizens Against the Proposed Garbage Project,"
transmitted to the City by Correspondence dated July 24,19$6, and ~2}
"Responses to the City of Elk River Concerns" transmitted to Mayor Richard
Hinkle an August 19,1986; and ~3} correspondence from the ~~Perinittee
to Mayor Richard Hinkle dated October 13,1986, and as further described in
~Permittee's November 28,1989, application for renewal of conditional
us permit and . ~~Permittee's correspondence of April 2,1990, Apri117,
S~\PLANNtNG MAtN\Case Files\CUP\CU 0~-2Z Resource Recovery Technologies\CUP
1990, July 2,1990, August 3,1990, and September 6,1990, to the City; in
:, r~Permittee's November 20,1991, application for renewal of tl~e
Conditional Use Permit; in r~Periaaitee's February 1,1993, application for
renewal of the Conditional Use Permit; in prop{ Pennitee's November 8,1995,
application for renewal of the Conditional Use Permit; ink Perl~~itee's
November 2,1999; and in :~~Pe~nittee's December 22, 2004, application
for renewal of the Conditional Use Pen~lit; all of which have been provided to
the City by the p~~o~,~Permittee in support of tl~e application for this Amended
Conditional Use Permit and collectively describe the Facility authorized by
the Permit, The Facility consists of three ~3}integrated components located in
tl~e City; ~1} A facility for receiving municipal solid waste and processing it
into refuse-derived fuel Processing Facility}; ~2} A facility for the
incineration of refuse derived fuel burn facility}; and ~3}The movement of
vehicles transporting municipal solid waste ~MSw~, refuse-derived fuel
RDF},rejected municipal solid waste Rejects}, and incinerated RDF ash. So
long as RDF is incinerated in tlae City, the conditions of this Permit which
relate to the Burn Facility and Residue shall be in full force and effect.
Construction or operation in violation of any of the material statements of
fact, factual info~~.nation, or representations in the referenced docul~nents shall
be deemed to be a violation of the Permit and all such documents are
considered to be and are hereby made a part of the Permit,
?~ ' ' g cons~~.~ E~io ~~i ~~~~ in ,,-g ~a~n h,~-~~ rit~e~ n~ ~er-
A
y ~
. ~ ~
'~i~
~
'
•~~
Ea' _ n ~ a n n~~
C
r
' T i
P ~
p
p
.
~ i
CI
C
~
.~ ~'FJ
7
LUi' '
9
,
'
.
.
A 7
.
1 7
.
~ .
.
' 1
,
1
~:2. Any new building plans and specif cations must be approved by the City
Building Inspector and Fire Chief,
~:3. Approval of driveway entrances, if needed, on State and County highways
shall be secured from the appropriate agencies and filed with the City
S~IPLANNING MAIN\Case Files\CUP\CU 0~~22 Resource Recovery Technologies\CUP
Envirornnentai Administrator prior to issuance of any building permit. Street
lighting and acceleration and deceleration lanes for Highway 10 at the
iintersection of 1 G5tl' Avenue and Highway 10 shall be installed by City to
provide safe access to Highway ~ 0 for trucks entering and leaving the Facility,
Failure by Permittee to reimburse the City for the installation of said
improvements within thirty ~3 0} days of receiving an invoice for all or any
pa~~t of said improvements shall be cause for revocation of this Permit.
~4. The City shall have the eight of access to all areas of the Processing Facility
and site for the purpose of inspection to ensure compliance with all of the
terms and conditions of this pe~~nit and the Solid waste Facility License for
tlae Facility. The City need not give prior notice to the Permittee for perso~ulel
to access the Processing Facility or site during waste receiving, Monday
through Saturday, or if an explosion or other emergency occurs. At any other
time, at least twelve ~12~ hours prior notice to the Permittee is required. Such
access shall be in accordance with reasonable safety standards and reasonable
proprietary infot~nation requirements.
. .
~ ~ y
.. ~
~ ~
~~ .-.
1hn,,,•n ~ ~~y-~ -~Th~~-Inspectors shall have the right of access to all areas of the
Facility, twenty~four ~Z4~ hours a day, for the purposes of inspection to ensure
compliance with all of the terms and conditions of this Conditional Use
Permit, the license for the Facility, and Chapter 58, Article III of the City
Code. The onsite City inspector shall Dave the right, at any time, to take one
or more of the following actions;
A, Order a load of MSw inspected, pursuant to the procedures set forth in the
license for the Facility;
a.r• vaaT V,, ya1M 1 W;I.4tJ.V r VAVWJ.AV ~.F, .A1 by T 11./1-h 41 V11 V.L yJ.AV {.*Kk.7L VV111r1 V1 ~.11L{~11 l~Jl ~r11V
F~, J A
~ r~.C
9
~B. Crder the Facility shut down if necessary to bring it into
compliance with +'~~ ~~~~+ ~~~t-~-~'~{.zany other tenn or condition of
this Conditional Use Permit, the license far the Facility, or Chapter 58,
Article III of the City Code,
~5. A11 employee or visitor motor vehicles associated with Facility operation
shall be parked on Facility property, and not on adjacent lands not owned by
Permittee or adjacent streets. Adequate facilities must be provided to ensure
that no vehicle desiring entry into the Processing Facility during permitted
receiving hours will have to wait outside the perimeter of the Processing
Facility site,
S~\PLANNtNG MAtN\Case Ftles\CUP\CU (~~22 Resource Recovery Technotogzes\CUP
~~. The City shall be notified by tlae Permittee immediately upon the occurrence
of any explosion, hre, or other emergency at the Facility; upon the discovery,
release or spill of hazardous or dangerous materials, as defined in floe City of
Elk River Solid Waste ordinance, at the Facility; and of any violations of the
conditions of the Permit, Air Emission Facility Permit No. ~ ~ ~ ~ ...l 4:l_ ~~:~022-
00~ ar Per~~t for a Waite Proccir~g F~.clitl end Syste~,1~To. SW-~0~.
w~
~~ ~~~1 ~~~°rv~~~~.=~:a~~~~~ ~~~ 'i~~~~°~~` i J.he specific requirements for how, when and
who to notify at the City shall be set forth in a separate letter f~•om City Staff
to Per~nittee. This letter may be revised or supplemented by City staff f~•om
time to time as necessary to address the City's needs for notification.
•
~-8-;7. All MSw, RDF, Reject orResidue-hauling truck traffic entering or exiting the
Processing Facility or the But•~1 Facility shall use only those highways and
streets as allowed in writing by the City Council, avoiding the use of Main
Street and residential streets, if at all possible. Truck traffic originating in the
City may use other public streets.
~;8. The Facility may operate twenty-four X24} hours a day, However, the City
reserves the right to restrict the haurs of operation of the Facility to no~•~~al
business haurs if noise emanating from the Facility to surrounding residential
properties is unacceptable. Receiving and transporting MSw and rej eets at
the Processing Facility lnay take place twenty-four (24} hours a day, Monday
through Saturday. However, the City reserves the right to restrict further the
hours of receiving and transporting MSw at the processing facility if
necessary to protect the public health, safety, and welfare. RDF maybe
transpol•ted twenty-four X24} hours a day. At the Processing Facility, all truck
and Processing Facility wash water shall be diverted and captured in a
retention tank so that it does not enter the groundwater system.
L?9. The processing Facility shall be enclosed by a minimum six-foot and no more
that eight-foot high chain linl~ fence.
-~4~:10, Testing as requested by State agencies of storm water run-off captured in the
on-site retentionldetention pond. Per~~aittee shall provide City evidence of
S~\PLANNING MAIN\Case Files\CUPICU Q-~~ Resource Recovery Technologies\CUP
storm water NPDES permit coverage far industrial activities and a copy of the
pertnittee's Storm water Pollution Prevention Plan,
~5-;11. T1ae Perinittee sha11 engage sn a regular and routine litter maintenance and
removal program extending ~a} one~half mile east of the Processing Facility
entrance on 1651' Avenue Northwest, fib} southeast on Highway 10 from the
intersection of 165t1' Avenue Northwest with Highway 10 to the eastern city
111111ts, ~c} northwest on Highway 10 from said intersection to the intersection
of Highway 1 o and Highway 169, and ~d} any other areas adversely ilnpacted
by debris related to Facility operations as nay be determined by the Cityl
Litter shall be removed f~~om these areas no less than once per ~nontl~, and
snore often if necessary because of spills or complaints from neighboring
property owners, to ensure that these areas are l~ept free of litter generated by
truck traffic traveli~ag to and from the Facility. In addition, Perlnittee shall
inspect all trucks leaving the plant to ensure that they are either fully enclosed
or covered, andlor clean, and will not spread litter on surrounding streets and
roadways as they leave.
/ 1 . /
/
1 / 1 . . / / /
~~ 1 1 / , / /
/ , 1
' 1 /
/ . . / /
/ ,
~ H
. ,
/
1 / / / . , /
1 1 ~~~VFY
X121 No exterior storage of MSw, RDF, Rejects or Residue sha11 be allowed,
.. ratan n~rnr ~n~ r.
~JE~~~~ .L 1 .. ~' r~ r r ~~ 1 Y , r' Y
wh~~e~~ ..~~~~e~ etc} ~n~.v ~e ~o~~ed. o~~~~d.c rho ~~1d1n~ gin. oave~°od.
,~ho.~er~ Inc ~o~ l.oa.c~ n~~.~ be e~~ ~o~~.~r ~tlorboc. in ~h.e hod fond
con~ai.a~n~o~~~ ~.~°ea..Addi~lon~. n~~~e~~i.n~~ n~~v i~o ~o~°ecl. i.n cnco~ed
tr~.iler~ o~° ~~=~.~c~~,~
x;13, The Perlnittee represents and warrants to the City that the Facility shall at all
times comply with all applicable city, county, state, and federal laws and
regulations, including without limitation, environmental laws and regulations.
-~14. All Mixed Municipal Solid Waste not burned, including unbu~~ned RDF, RDF
process Red ects and RDF Residues, shall be disposed of in strict compliance
with the requirements of Chapter 58, Article ~~~ of the City Code and Chapter
7035 of Miiulesota Rules,
~9-;15. Resp~~asxbilit~for Costs:
S~\PLANNING 11~AtN\Case F~les\CUP\CU [x-22 Resource Recovery Technotogtes\CUP
A. The Permittee shall pay all direct casts incuz~red by it or the City in
conjunction with file application far this Permit and development of the
Facility, including without limitation legal, planning, consulting,
engineering, and inspection expenses including a reasonable claa~•ge for
City staff time} incu~.•ed in connection with approval of the Facility, the
preparation of this Permit, and all costs and expenses incurred by floe City
in monitoring and inspecting the canstx~uction of the Facility, except those
costs and expenses normally covered by the building permit fee.
B. The Permittee shall defend and hold floe City, its officers, and employees
harmless from all claims made by third parties for damages sustained or
costs incurred resulting fiom Facility approval, construction, and
operation. The Permittee shall indemnify the City, its officers, and
employees for all costs, damages, or expenses which the City any pay or
incur in consequence of such claims, including attorl~eys' fees. The
aforesaid defense, indemnity, and hold harmless provisions s1~a11 not be in
effect from and after the date that the occu~~ence giving rise to the claim in
questions is determined by a court with jurisdiction over the matter to have
been caused solely by the willfi.~l conduct or negligence of the City, Its
officers or employees. Until the date of such judicial determination, the
defense hold ha~~nless and indemnification provisions shall be in full force
and effect and in the event of such judicial dete~~nination, the City shall
reimburse the Permittee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co~
counsel in the defense of such matters, The Pez~n.ittee agrees to
indemnify, defend, and hold ha~~nless the City of Ells River, its Council
members, officers, and employees fi~am any claims or damages arising out
of any acts or omissions on the part of the Permittee and any of the
participating counties or their commissioners, agents, or employees in the
performance of the counties' contractual obligations under the agreements
with the Permittee, from any strict liability imposed upon the City
pursuant to Mine. Stat. 115B,oI, et sue . for floe release of hazardous waste
at the Facility and from any remedial actions, clean-ups, removal, closure,
post-closure activities, or monitoring requirements or costs associated
therewith. This indemnity, hold harmless, and defense obligation on the
past of the Permittee shall include, but not be limited to, any and all
actions, claims, requirements, or claims for damages arising out of the
granting of this Perinit for the Facility or any variance associated with the
height of the proposed Processing Facility and the inability of the City to
properly respond to fire calls at the Processing Facility due to the
limitations of its equipment or personnel, but shall not include willful and
unjusti~ ed failure to respond to fire calls at the Processing Facility. The
indemnities provided in the paragraph B are subject to the limits of
liability set forth in Minnesota Statutes Sections 466.4 and 46,06, as
S~\PLANNtNG MAtN\Case Files\CUP\CU C~-2~ Resource Recovery Technotogies\CUP
amended from time to tine, if effective as to the particular indemnified
action or claim. Nothing in this Per~~nit is intended to waive the
immunities to which the City is entitled by law.
C. The Permittee waives and releases tlae City from all claims, direct or
indirect, arising or claimed to have arisen out of all actions or inactions
relating to the City's consideration or issuance of the Pe~~nit,
D, The Pe~~nittee shall reimburse the City for all costs incurred in
enforcement of this Permit, including consultant and attox~aeys' fees.
Failure by Per~~nittee to reimburse City within forty~five X45} days of
receiving an invoice for any costs for which reimbursement is required by
the terms of this Conditional Use Permit or the License for the Facility,
shall be cause for revocation of this Permit.
~1 G. Miscellaneous;
A. Tlais Pe~nit and its conditions shall be binding upon each of the
Per~nittees, jointly and severally, referred to collectively in this Permit in
the singular as Permittee, and the successors and assigns of any one of
them. Tl~e assig~unent by any Perlnittee of its interest in tl~e Facility sha11
not relieve it of responsibility and liability under this Permit without the
written consent of the City, which consent shall not be unreasonably
withheld,
B, Violation of the terms of this Permit or of MPCA Permit No, Sw-3o5 or
Air Emission Facility Permit No. ~~~~~~~~~ ~: ~ 1. ~~~~~~003 by tl~e
Permittee shall entitle the City to any and all remedies available at law or
in equity. If the City determines that such violation results in a clear and
imminent danger to the health and safety of the City's residents, the City's
remedies shall include immediate cessation of operation or construction,
or both, without the necessity of a judicial order in advance of the salve.
In all other instances, the immediate cessation remedy shall be preceded
by a judicial order. A revocation ar suspension of this Pez~nit sha11 be
only as to the violating component of the Facility, not as to tl~e
components not in violation.
C, If any portion, section subsection, sentence, clause, paragraph, or phrase
of this Per~~~it is for any reason held invalid, such decision shall vat affect
the validity of the remaining portions of tlae Permit.
D. The action ar inaction of the City shall not constitute a waiver or
amendment to the provisions of this Permit. To be binding, amendments
or waivers shall be in writing, signed by the Permittee, and approved by
wz~itten resolution of tlae City Council. The City's failure to promptly take
legal action to enforce this Permit shall not be a waiver or release.
S~\PLANNING MAtN\Casc Files\CUP\CU (~-22 Resource Recovexy Technologies\CUP
~?17,
Notices: Required notice to the Permittee shall be in writing, and sha11 be
either hand delivered to the Pet~nittee, its employees or agents, or mailed to
the Pet~.nittee by certified or registered mail at the following addresses:
~, ..
,~
..~. -
~~ ~
~. .S 9 .~'. ~~.
~'~ ~ ., r
w
'~
Gre~~.t River Ea~c
ATTN: Manager, Elk River Station
17845 U.S, Highway 10
Elk River MN 55330~OS00
~~~C~ ~~.ve~~ ne~.ry
r a
~~~ .~ ~• ~~:an~,~~~~~~n.~~~~~ann~.Cll~.a.~. e~"v.~e S
~i.n~ Cr'cek ou~.eva~d.
~~~ ~`~~ove, MN ~~.~~~,~.~~~
Notice to the City shall be in writing, and shall be either hand delivered to the
Environnmental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address:
City o f Elk River
13065 Grono Parkway Nw
Elk River MN 5 5 3 3 0
ATTN; Environmental Admministratar
x-:18, Review: The terms and conditions of this Permit and compliance by the
Permittee sha11 be sub j ect to review by the City prior to Jaxauary 3 I ,
~0~1 . The City reserves the right to revoke, amend, or impose additional
conditions on the Facility or the Permittee at such tune taking into account the
advancement of scientific l~n.owledge relative to the health effects of the
Facility, the Per~nittee's degree of compliance with current Permit conditions,
and the criteria and standards of the City Code and Minnesota law,
The undersigned, on behalf of the respective Permittees, jointly and severally,
represent and bind their respective Permittees to the terms of this Per~~ait, having fully
S~\PLANNTNG MAIN1Case Files\CUP\CU f~-22 Resource Recovery Technologies\CUP
e~a~nined this Pe~.nit and all materials refers ed to herein and agree to all the
conditions set forth. Each person signing below on behalf of a Pel~nittee does so
upon the authority is attached hereto,
PERMITTEE: ~~`~peat .i~e~+ ~'ner~r~~
Dated: By;
Its:
STATE OF MINNESOTA }
}
COUNTY OF x~I~~ _ :~E~NN:~P~~.~...~W_~.T~~_..--...----- -.......}
The foregoing instrument was acl{nowledged before me this day of
208~~ 0, by
...w_.~.....W _ ........... ..------._.._............... W. _ _ _ _ s the
of :~:R~"~tleat
R~.ver :~n~r~gy, a Minnesota ~;orporation, on behalf of the corporation.
Notary Public
S~IPLANNING MA~N\Case Files\CUP\CU ~-2~ Resource Recovery Technologies\CUP
Drafted by: Ellviron~a~en~al Depa~t~nent
City o f Elk River
S~IPLANN~NG MA~N1Case F~les\CUP\CU ~~22 Resource Recovery Technologies\CUP
CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
sir ~ e~.~yee~~lgi.~e~; Lam- ~.~ . ELK RI~~R iES~~JRCE P1..CESS~
PLANT
WASTE PRGCESSING FACILITY
This Solid waste Facility License (the License} is hereby issued by the City of
Elk River ~tl1e City}, pursuant to Chapter 5S, Article III the Solid Waste Facilities
ordinance} of the City of Elk River Code of Grdinances the City Cade} to ~T~Cre.t
liver :~ner~ Licensee} for the establislunent and operation of a waste Processing
Facility the Facility} upon the property legally described as;
The Southwest one-quarter of the Southeast one-qua~•ter ~SW114 of the SE114} of
Section 11, Township 32, Range 26, according to Government Land Survey, except the
South 468 feet of the west 495 feet thereof, subject to highway easement of record the
Site},
I, This License authorizes the establishment and operation of a waste
Processing Facility of municipal solid waste ~MSw} into refuse derived fuel
~RDF}, as described in:
1, Prier Licensee's "Application for a Solid Waste Facility License to Pertuit
the Operation of a Waste Processing Facility" and r~_Licensee's
November 28, 1989 application for renewal of the License for the Facility
and supplemental correspondence from ~~r~Licensee to the City dated
April 2,1990, April 17,1990, July 2,1990, August 3,1990 and September
6, 1990; Licensee's November 20, 1991, application for renewal of
the License; prior Licensee's February 1, 1993, application for renewal of
the License; Licensee's November 8,1995, application for renewal of
the License; r~.or Licensee's November 2,1999, application for renewal of
the license; ~ r~Licensee's December 22, 2003, application for renewal of
the license; and ~~.•ior Licensee's October 12, 2005, application far renewal
of the license and~Licensee's ~~November 17, 2005,E application
for renewal of the license
2. The Draft and Final Environmental Impact Statements for the Anoka
County Refuse Derived Fuel Resource Recovery Facility, dated April 1986,
and July 19 S 6;
3, The Combined Air and Solid Waste Pe~~nit No.141000~22-003 for an Air
Emission Facility, Air Pollution Control Equipment, and Solid Waste
1
Processing System, and Permit for the Construction and Operation of a
Waste Processing Facility, No, SW-305 collectively referred to as the
MPCA Pe~~nit}, issued by the Minnesota Pollution Control Agency
MPCA).
~I. This License is issued subject to the requirements and conditions set forth
below in Section III, which are imposed for the purposes of:
1. Satisfying the standards set fo~~th in the Elk River City Code of Ordinances,
including Chapter 5 S, Article SIT and Chapter 3 0 thereof;
2. Promoting compatibility with and minimizing any potential adverse effects
upon properties and neighborhoods adjacent to the Facility or within the
City;
3. Protecting the public health, safety, and general welfare;
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
III. Requirements and Conditions:
1, ~ncorporation_ of Plans_ and Application Materials. Construction and
operation of the Facility shall be in accordance with the plans and other
materials submitted by Licensee to the City and the MPCA, including those
identi~~ed above in Section I of this License, all of which are hereby made a
part of this License. Const~~ction or operation in violation of any of floe
material statements of fact, factual information, or representations made by
the Licensee to the City or MPCA shall be deemed to be a violation of this
License.
2, MPCA Permit, The terms and conditions of the MPCA Permit are
specifically incorporated Into this License and the Licensee shall comply
with all such terms and conditions including, without limitation, the
"Operating Conditions," "Special Operating Requirements," and "general
Conditions: of the MPCA Permit and that poz~tion of the MPCA Permit
denoted "Permit No, SW~305," Any violation of the MPCA Permit will
constitute a violation of the terms of this license. Licensee shall notify the
City immediately of any violation of the terms, conditions, or requirements
of the MPCA Permit, and shall advise the City as to what steps will be
taken to correct said violations.
2
3. Amendments to MPCA Permit, No amendment or change to any term,
condition, or requirement of the MPCA Permit shall be incorporated into
the License or become effective with respect to this License until t1~e City
has received notice of the proposed amendment and has specifically
consented thereto by amending this License to incorporate the MPCA
Permit .Amendment.
4. Reporting Requirements. Copies of all plans, studies, reports, and other
matel-ials required to be submitted to the MPCA by Licensee shall be f led
with the City, unless the City Environmental Administrator or his
desig~aated representative specifically notifies Licensee in writing that
copies of specific documents will not be necessary. Materials, which must
be provided unless declined, include, with limitation, all plans and
specifications; operations Reports; residue management plans; annual
residue reports; contingency disposal plans; and waste composition studies.
5, Solid waste Facilities Crdinance. The Facility and Licensee must at all
times fully comply with the requirements of Chapter 5$, Article r1I of the
City Code, including specifically Sections 58213 and 58-214, Any
violation of the City Code will constitute a violation of the te~.ns of this
License. Licensee shall notify the City immediately of any such isolation
and s11a11 advise the City as to what steps will be taken to correct said
violations.
6. Cit~Zoning Crdinance and Conditional Permit, The Facility and Licensee
~~nust at all times comply with the terms and conditions of the conditional
use permit Issued for the facility the "CUP"~ and with the City's Land
Development Regulations ordinance, including tlae perfo~nance standards
set forth in Division 5, Subdivision V thereof. Any violation of the CUP or
the Zoning ordinance will constitute a violation of the terms of this
License, Licensee shall notify the City immediately of any such violation
and shall advise the City as to what steps will be taken to correct said
violations.
7. ~~du~~n~~~ ~c~•~s-~~~a~~-.Prohibited waste. Th~.s license does not
autho~•ize tl~e 1ice~~sec to receive or p~~oce~~ wanes deter°~~.ine~l to be
hazardous i~~ accorda~~.ce wit.. ~~.itecl States F~~vi~,on~ne~.t~,.:~rotect~.o~~.
. ~enc~ ~~J~S~PA :~a~ar~lous ~'~..ste Re:n:~lations a.nd.:M:PCA ~a~a:~•c~.ou.s
waste R~~~.es,1n t1.~e e~~tent an ha~ardou.s ~raste is inadvertently received at
t~:,e facility, the Licensee shall ha~.dle tie wane i~ accordance with US:PA
:1~:~.~ard.ous waste R.e ~ulatio~~s and M:~CA ~:a~ardous waste Rules, ~~~:~e
~~ci:lit~ shall not a.c~ce~ t an ~ w..stes listed.. ~~~elow ece~t i:~ a:~nounts foun~~.
nor~.all~ in household waste:
a~ L,~~uids
b, Da jested sews re slu.d. re ~i~~.e slud e ~~~t cl~.an~.ber. screenin~~s bar
screeni:n~~s and other stud. yes s . ec:i~:1 in~~cti.o~us waste raw sewa~~e raw
3
an~~~.al :~.~a.anureti or se~~t~c tank. ~un~~~n.~sR ia.o~Tever~ the Co~a~.n~~ss~one~, ~~.ay
~~• grove dis• ~os~~l off" t:~ese w£~stes used. on cansi~~.er~,~ion off` s~~.c~. ~~c~ors ~.s
~~~emical cony osition fr ce m.oist~~re content and workabiiit • .
c. _ ~~l~e~_.. substanc~~___ t.at ~na~ ~~~~ ~,eeznd ~ unac•ceptab.e b~ t1~e
. ,
1 ~ ^"
r r r 'e. .~• Ar ~ y r ~ v r, ~.(''.......!1:f"tL~........I...~../.14°1.s:.~J3~~
~s~~~l~a.~e ~~:1.~w•e~~a~-.~~~~~~~i~e~~~-. h~te~~~~~c~-~o~h ~~
..:~
,' ,
.b F ~ ~e~
~ ~ ! ~s 1
.1 K. '~' ~ A 1 `" ~ r
a
r ~ r ~' r r rnth $~3 nrtrt~r~ ~ r ~ r ~..,4~fi~
.,, p
yeas-o~~;1~s;-res, ~ `~ ~~~c~.~-~w,~~n~an~~
. . ~ ~ ~ ti ~ stn
b 4 b
1
~S.Licensee sha11 develop a plan for identifying 1~~.r.~~~~s~~d
e~ rol~ibite. wastes and the generators of such waste. This plan
s1~a11 include, at a minimum., the following elements:
A} Licensee shall thoroughly inspect a minimum of ~~~ee~t~~e
~~2} MSw loads per ~n~onth average} selected on a
random basis. This inspection sha11 include ~~~~:
r ~~ r ~ r r r~ r r z ~ r w r ~~, ~~.~__
4 -~ p~.~
~~.~~r-sa •~risual ins action. a~/f t1~e conte~~t ot~ eac1~ l oadr
B} Licensee shall submit to the City a quarterly report
containing, at the minimum, the following information of
each load inspected:
~i} The hauler and truck number of the load;
iii} Any ~~~~~~~ibited waste found in
the load
viii} Licensee's efforts to identify the generator of any
. ~: ~~sprol~ibitec waste found in the
load.
Div} The identity, if known by Licensee, of the generator
of any ~~~=dou.~o~ ~ . ~ ~~ , r~hibited waste found
in the load;
~v} The actions which Licensee is taking against the
r~.rp r~_
generator and hauler of any such h~~~r.~~~~.~.~~..--...«~
r~a~rr
~n~o~~ rohibitecl waste found in the load;
Zvi} Licensee's record of disposal of any ~ ~ t
. ~ ~ . ~r~bitd waste found in the load.
C} Licensee sha11 advise the City Environmental Administrator,
if requested, when these loads are being inspected and the
City sha11 have the right to have its personnel on-site to
observe the inspection process.
4
D} Licensee shall ~~ .e~~~f~~-mot ~ . ~ f ~~ :~....~:~~~.~~
...
~e~~r~~a~n.~zy ~~~_~~y ;of` .. down time major repairs
and cleaning of the Facility. City shall have the right to
thoroughly inspect the Facility far cleanliness and
compliance with the other terms of this License during such
awn time,
E} To further ensure compliance with restrictions in this
License, and in Chapter 5S, A1~ticle X11 of the City Code of
ordinances, on the handling and processing of hazardous and
dangerous wastes, and to protect the public health, safety,
and general welfare of the citizens of Elk River, the City
shall have the right, upon thirty X30} days notice to Licensee,
to have an inspector at the Facility twenty-four X24} hours a
day. These inspectors shall have the right of access to all
areas of the Facility, twenty-four X24} hours a day, for the
purposes of inspection to ensure compliance with all of the
terms and conditions of this License, the conditional use
permit for t11e Facility, and Chapter 58, Article 11~ of the City
Code, The on-site City inspector shall have the right at any
time to take one or more of the following actions:
~i} Order a load of MSw inspected, pursuant to the
procedures set forth above;
iii} Crder the Facility shut down if necessary to bring it
into compliance with any other term or condition of
this License, floe conditional use perl~nit for the
Facility, or Chapter 5S, Article 1II of the City Code,
~9,RDF and Reject Disposal., All Mixed Municipal Solid waste shall be
disposed of in strict compliance with the requirements of Chapter 58,
Article ~~~ of the City Code and Chapter 7035 of Minnesota Rules.
x:10, RDF Truck Haul Routes, To minimize the impact of the Facility
on other land uses and activities in the area, incoming and outgoing traffic
from. the Facility shall be controlled by the Licensee in such a manner as to
provide orderly and safe ingress and egress and so as not to impede or
interfere with general traffic,
X11, Processing and Storage Areas to be Fully Enclosed, A11 MSw and
RDF receiving, processing, and storage areas at the Facility shall be fully
enclosed; exce t that bulk re'ects ~e, ~~. tanks white goods tires etc naa
be stared outside the bui~.di~~~ in covered shelters and l~at ~:oads nay be
~,.. , ,,,,...,.,........~....e......_,r_~~
te~T or~.ri1 stored i~~. t1~e loot load area. Adequate facilities shall be
provided to insure that under no circumstances will there be any exterior
5
storage of MSW or RDF, except in enclosed trailers or trucks. Licensee
sha11 create a 2~efoot ~~~o . era s~ dace ~ ~~re l~~°c~~. between the
conveyor an tlae tipping floor of the Facility to the garbage on the tipping
floor. All RDF haul trucks leaving the facility sha11 be securely covered so
that no RDF or other matter may escape,
x;12, Hours. The Facility may operate twenty~four X24} hours a day.
The City reserves the right to restrict the hours of operation of the Facility
to normal Business hours if noise emanating fram tlae Facility to
surrounding residential properties is unacceptable. Receiving and
transporting IVISW and rejects at the Processing Facility may take place
twenty-four X24} hours a day, Hawever, the City reserves the right to
restrict further the hours of receiving and transporting N1Sw at the
processing facility if necessary to protect the public health, safety, or
general welfare. RDF may be transported twenty~four X24} hours a day.
Licensee shall provide an area at the Facility for disposal of solid waste by
individual citizens.Licensee sha11 also advertise on at least a quarterly
basis the availability of this public drop off facility and the fee charged for
it, and shall cooperate with the City in recycling efforts,
x:13. wash Water and Stoma water Run off. All truck and facility wash
water sha11 be diverted and captured in a retention tank so it does not enter
the groundwater system, Captured wash down water shall be disposed of
as required by the MPCA, and shall not be disposed of in the City's waste
Water Treatment Plant. Testing ~ ~ ti ~~a~~of stonu
water runoff captured in the onwsite retentionldetention pond__ _~~:~{~:__
conducted a.n ~.ccordanLe with Sate re ~~~irenaen~s. ~~~~~ Licensee shall
provide City evidence of stone water NPDES permit coverage for
industrial activities and a copy of the pennittee's Storm Water Pollution
Prevention Plan,
X14. Securit and Litter Control. The Facility sha11 be enclosed by a
minimum six foot and no more that eight foot high chain link fence.
Licensee shall engage in a regular and routine litter maintenance and
removal program as required by the CUP.
~ :15. Sig_nage. Licensee shall erect and maintain at each entrance to the
Facility a permanent sign stating the name of the Facility, the MPCA
Penult number and stating the hours and days the Facility is open for public
use,
~-5;16. License Fees. Licensee shall promptly pay the License application
fee and annual License fees required by Chapter 58, Article II1 of the City
Code.
6
-x;17. _ Inspections. Licensee shall make the Facility available for
inspections as required by the CUP and Chapter 58, Article III of the City
Code,
-~18, Insurance and Bondin .This License shall not take effect until the
insurance and bonding requirements set forth in Section 58127 of the City
Cade have been complied with,
-~;19.________Expiration and Renewal, This License shall expire on January 31,
~820~~:2, as provided by Chapter 58, Article III of the City Code,
Renewal of this License shall be governed by the procedures and
requirements of Section~s~ 55-128, 58-129 and 58p13o of tlae City Code.
x-:20. Sus erasion and Revocation. This License is subject to suspension
andlor revocation pursuant to the procedures and standards set forth in
Chapter 58, Article III of the City Code.
X21, Violations. Any violation of terms and conditions of dais License
shall also be considered a violation of Chapter 58, Article III of the City
Code and, in addition to suspension or revocation of this License as
provided in Section 58-130 of the City Code, the City may Proceed to seek
enforcement of this License and the Solid waste Facilities Ordinance under
Section 58-103 thereof.
X22. Indemnification of City, Licensee shall defend and hold the City,
its off cers, and employees harmless from all claims made by third parties
for damages sustained or costs incurred resulting from Facility approval,
construction, and operation. The Licensee shall inde~r~aify the City, its
officers, and employees for all costs, damages, or expenses which the City
may pay or incur in consequence of such claims, including attorneys' fees.
The aforesaid defense, indemnity, and hold harmless provisions shall nat
be in effect from and after the date that the occurrence giving ~~.se to the
claim in question is determined by a court with jurisdiction over the matter
to have been caused solely by the willful conduct or negligence of the City,
its officers or employees, Until the date of such judicial determination, the
defense, hold harmless and indemnification provisions shall be in full force
and effect and in the event of such judicial detenmination, the City shall
reimburse the Licensee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co~
counsel in the defense of such matters, The Licensee agrees to indemnify,
defend, and hold harmless tlae City of Ells River, its Council members,
officers, and employees from any claims ar damages arising out of any acts
or omissions on the part of the Licensee and any of the participating
counties or their commissioners, agents, or employees in the performance
of the counties' contractual obligations under the agreements with the
7
Licensee, from any strict liability imposed upon the City pursuant to Minn.
Stat, 115b,01, e~, se ,far the release of hazardous waste at the Facility and
from any remedial actions, clean-ups, removal, closu~•e, post-closure
activities, or monitoring requirements or costs associated therewith. This
indemnity, hold harmless, and defense obligation of the part of the
Licensee shall include, but not be limited to, any and all actions, claims,
requirements, or claims for damages arising out of the granting of this
License for the Facility. The indemnities provided in this paragraph 23 are
subject to the limits of liability set forth in Minnesota Statutes Sections
466.04 and 466,06, as amended from time to time, if effective as to the
particular indemnified action or claim. Nothing in this License is intended
to waive the immunities to which the City is entitled by law,
2;23, waiver and Claims. The Licensee waives and releases the City
from all claims, direct or indirect, arising or claimed to have arisen out of
all actions or inactions relating to the City's consideration or issuance of
the License.
~-3;24, Costs. The Licensee shah reimburse the City for all casts incurred
in enforcement of this License, including consultant and attorneys' fees, as
provided in Chapter 5S, article ~~~ of the City Code. Failure by Licensee to
reimburse City within forty-five X45} days of receiving an invoice for any
costs for which reimbursement is required by the terms of this License or
the Conditional Use Permit for the Facility, shall be cause for revocation of
this License,
~4 ;25, License Binding, This License and its conditions shall be binding
upon Licensee and its successors and assigns. The assignment by Licensee
of its interest in the Facility shall not relieve it of responsibility and liability
under this License without the written consent of the City, which consent
shall not be unreasonably withheld.
2~:26.~ Severabilit~. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this license, the CUP, the MPCA Permit or the
Solid waste Facilities ordinance is for any reason held invalid, such
decision shall not affect the validity of the remaining portions of the
,
License.
x;27. A~nend~nents or waivers in writing, The action or inaction of the
City sha11 not constitute a waiver or amendment to the provisions of this
License. To be binding, amendments or waivers shall be in writing, signed
by the Licensee, and approved by written resolution of the City Council,
The City's failure to promptly tale legal action to enforce this License shall
not be a waiver or release,
S
~:~8, Notices, Required notices to the Licensee sha11 be in writing, and
shall be either hand delivered to the Licensee, its employees or agents, or
mailed to the Licensee by certif ed or registered mail at the following
addresses;
..~_ ~ .. .~ ro~, , . ~rea~ River Ener~y
ATTN; :~~:~..~:ana~~er :~~~.k :..~.ver ~~a~i.o~~.
-~~~~~}~~~ve~~~e .. .:~ ~~5 .~~~ ~:wy :~
Elk River MN 55330~0~00
C-rest River Enei• ~~
ATTN:.~~~~:~~ 3~~ ~~ -~~~-~~:~ax~~.~er.:~~.viron~~.e~.tal e~~ices
~~.3~~ E:1~ Creek. ~o~ileya:~y.
~-~
~~~e ~T~~~~~e~~ X1...5 5 ~ q~ ~ ~ :~ ~~t-on;~ ~. ' b
Notice to the City shall be in writing, and shall be either hand delivered to the
Envirozunental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address;
City of Elk River
13065 krona Parkway
Elk River, MN 55330
Attention: Environmental Adiinistrator
IV, This License wi11 take effect when all of the conditions precedents to the
issuance of the License have been inet and Licensee, or its duly authorized
representative, has executed this License indicating Licensee's consent to all
of the terms and conditions of the License, the Conditional Use Permit for the
Facility, and Chapter 5S, Article III of the City Code.
V. In no event shall operations at the Facility commence until all of the terms,
conditions and requirements contained in or incorporated into this Licensee
have been met, including all required test, reports, and inspections.
Dated:
By:
9
Stephanie A, ~~linzing, Mayor
By;
' ~ ' ' Tina Allard, City
Clerk
10
CONSENT OF LICENSEE
The undersigned duly authorized representative of RRT, the Licensee under this
License, on behalf of the Licensee, represents that Licensee has fully e~.an~ined this
License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the
City Code; and that Licensee consents to each and every condition contained in or
incorporated into the License, the CUP, and the City Code.
Each person signing below on behalf of the Licensee does so upon the authority
of the Board of Directors of the Licensee, and a resolution documenting such authority is
attached hereto.
LICENSEE.~~`r~at .~.ver Ener~.y
B y. .~_
STAT:~ :~ ~:;NN~STA
C~UN'i:`~ ~` ~~ ENNE:~ IN ~
The ~ore~~~~o~in~~ i.nst~.~n~e~~t ~~as ac~~no~e~~ ~~e~ be~~;~pe nee ~:h:i s da ~~~'
~~JI ~ t1~e
o:~ Great .ive~A Ener ~~~ a Minnesota Corpo~ation~ on behalf of tlae Corporation.
:N~ot,r~ of :ub~.~c
~.1
January 2S, 20 ~ 0
,q~°rcrV~~ ~~B 0j 1010
Ms Rebecca Haug
Environmental Administrator
City of Elk River
13 06 5 Orono P arkway,
PO Box 490
Elk River, MN 55330
Re: Conditional Use Permit and solid waste License Application Elk River-Resource
Processing Plant
Dear Ms Haug:
Resource Recovery Technologies, inc. ~RRT) has received and reviewed a copy of Great River
Energy's OGRE} January 27, X010 application far a Conditional Use Permit and Solid Waste
License for the Elk River Resource Recovery Facility ~ERRRF}.
As noted in the application, RRT curt.~ently owns and operates the ERRR.F and RRT and GRE
are in the process of negotiating the sale of the processing plant, RRT understands GRE's effo~~ts
in making application for this change of ownership to the city of Elk River. RRT does not object
to the City of Elk River issuing GRE a provisional Conditional Use Permit and License is
effective only on the close of the sales transaction between GRE and RRT.
rf you have any questions, please feel free to contact me.
Sincerely,
Ryan T i z
Director of Business Development
Cc: Mike Sullivan
Wayne Hanson
R.evin Tritz
fi321 BURY DRIVE, SUITE #13 EDEN PRAIRIE, MN 55346
PHoN E: 952-94fi-5999 FAx: 952-946-7975
Wb' ~'5~~~~~6 QTOZ/gZ1Z'~nnp'deW uoi~e~o113~~ 50-Oi fl~idfl~lsa~i~ ase~1~NINN'd1d1~S