6.2. SR 03-15-2010cti~n _ equ~s~ ,
There will. be two actions with this item.
1. Solid 'L~aste Facility License ~S~IFL~
2. Conditional Use Permit ~CUP~
These are both subject to the proposed language changes which either have a strikethrough or are
highlighted in the attached CUP and license,
Staff and Planning Comtriission recommend app~•oval of the requested amendments to the Solid Taste
Facility License and Conditional Use Permit effective when the sale to Great River Energy is finalized.
~c~ r®un! iscus~~~n
In the late 19$o's when the City originally permitted NRG to process refuse derived fuel, a solid waste
facility license requirement was adopted to be renewed and reviewed on a xourine schedule. The City has
always reviewed the CUP at the same time. The reason for both being renewed at the same time is that
modifications to the language of both are typically proposed.
Great River Energy is in the process of negotiating the purchase of the processing plant from RRT and is
requesting a provisional CUP and license for the facility which will only become effective once the sale to
GRE is finalized. RRT has sent a letter indicating that they do not object to this.
The proposed amendments to the S~IFL and CUP allow for the continued operation at the RDF facility
at this site by GRE. The history of the facility demonstrates that it can meet all the standards for a CUP.
The City has not received complaints about this operation, The amendments to the S'~IFL and CUP
requested by GRE either have a stril~ethrough or are highlighted in the attached copies of the CUP and
license, Staff considers these amendments to be housel~eeping. Many of the amendments relate to the
change of ownership for the facility, Here are some of the more significant changes to the CUP and
SwFL:
Condltio~al Use Permit CCTP
~ . #G. The Pernaittee does not have to notify the City of all hot loads.
S:~Public Bodies~Council~Rebccca~G1~E ~3151Q,doc
2. #12. Allow outdoor storage of bully rejects ~e.g. tanks, white goods, tires} in covered
shelters and hot loads to be stored in enclosed tra~.ers or trucks.
~otid waste Facii~y License ~~'~FI. _
~~
1. #7. Prohibited ~Iaste was changed to reflect the definition in the MPCA Rules
2. #S A. Change in the number of tames loads are i~.spected
Staff and the app~.cant have agreed to all o~ these amendments.
t~,cens
® March 9, 2010 Planning Commission report
S;~Pul~lic Bodies~Council~Rebecca~GRE 031510,doc
fiver
REQUEST FOR ACTION `-='
® itiem ub~r
Planning Commission 5.3.
aria eci~n ee~in ale repro by
Plan~aing March 9, 20 ~ 0 Rebecca Haug,
Environmental Admin
I~~ ~scripti®~ e~iee b~
Request by Great River Energy OGRE} to amend Conditional Lori Johnson, City
Use Permit and License A ' 'strator
NIN statute 15.99 (GO day rule} status: The application has been deemed complete as of
February 2, 200. The City must approve, approve with conditions, or deny the project by
March 28, 2010,
GENERAL iNFDRMATTDN:
.Applicant: Great River Ene
Requested Action Amend Conditional Use Permit and License
Location and size: 1~7a01G5~ St N~
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in
Question Solid Waste Facility Light Industrial I1 ~S~X1F}
Noah Agriculture HighwayBusiness/Ag Research T1
South Agriculture ~ hwa Business
g Y C3
East Agriculture Research AR.
West Highway Business Highway Busuae55
Inr® ~cran
In the late 1980's when the City originally permitted Resource Recovery Technologies, LLC (RR'1~
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 CCJP at the same time. The
Case File. CU 10.5
Page 2
GRE CUP
Cary of Elk River
reason far 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' 'ty which will only become effective once the
sale is fnnalized. RRT has sent a letter indicating that they do not object to this.
ac h m ~ nts
Locat~an map
The current CUP and SwFL f or the f ac' 'ty
® RRT letter consenting to GRE amending their CUP and License
~, C~~t~ ~u~S~gd,
There will be two actions with this item.
~, Approve the Solid waste Fac' 'ty License
Z, Approve the Conditional Use Permit
These are both subject to the proposed language changes which either have a strikethrough or are
highlighted in the attached CUP and license. These changes can be considered housekeeping. Many
of the changes related to the change of ownership for the facility.
pB~ca~~ eu~a~~®t~~
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:
]. dill not endanger, injure or det~~mentally affect the use and c~ joyment of athcr~ro~e~~y in t]~e immediate
vicinity ar the public health, safe y, morals, comfort, convenience ar general welfare of the neighborhood or the
~y.
2. Dill be consistent pith the comprehensive plan.
3. mill not impede the no~~nal and orderly development and improvement of surrounding vacantp~roperty.
~. Weill be served adequately by and gill not adversely affect essential public facilities and ses~ices including
streets, police and ~re protection, drainage, r fuse disposal, water and sever systems, pars and schools; and
will not, in particular, create tra~c congestion ar interference pith tra~c an adjacent and neighboring public
thoroughfares.
5. mill not involve uses, activities, processes, materials, egu~ment and conditions of operation that gill be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust ar
vibrations.
S,IPLANI~NG MA~NICase FilesICUPICU 1x05 GRE1Staff report to PGdoc
~~ File. cU ~o-a~
Page 3
GRE CUP
City of Ells River
C. dill not result in t]~e destructio~a, loss o~° damage of a natural, scenic or ]aistol~c feature of major ir~apo~~ance.
7. I~Vill fully comply u~itl~ all other requirements of this Code, including any applicable requirements a~ad
standards for the issuance of a license or pe~~nit to establish and operate tl~e proposed use in the ci y.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
~n the review o~ the standards f or CUP as outlined, it appears that the operation is consistent with
all o~ these standards.
na.l 5i5
The proposed changes to the license and CLJP support continuing the operation at this site as they
have demonstrated that they can meet all the standards for 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 Permit (CUPS
1. #G. The Pernuttee does not have to notifythe City of all hot loads.
2. #12. Allow outdoor storage of bulky rejects (e.g. tanks, white goods, tires) in covered
shelters and hot loads to be stored in enclosed trailers or trucks.
~o~id waste aci~i~r License ~Sw~L)
~~
1. # 7. Prohibited waste was changed to reflect the MPCA Rules
2. # 8 A. Change in the number of times loads are inspected
®~preh~n5iv~ la,n
The proposed use o~ the land is consistent with the ZO~4 Comprehensive Plan,
ec®mena.i~~
Sta~~ supporCs a recommendation to approve the renewal a~ GRE's Solid waste Fac' 'ty License to
be e~~ective 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 finalized with RRT.
S:IPLANIVING MAIN1Case FilesICUP1CU ~0-a5 GRE1Staff report to PG~.oc
Case File: CU 1x05
Page 4
GRE CUP
City of Ells River
la,nnin ~iss~~n ct®~ Motion by
®II®
Second by Vote
S;IPLANNlNG MAIN1Case FileslCUP1CU 1x05 GRE15taff report to PGdoc
Wd ~5~~'€~fi pZQZl9ZIZ'6r~p~de~ ua~Ie~o~l~~~ SO-OI fl~ld~~lsal!~ a5e~1~NINN'd1d1~5
AMENDED CGNDITICNAL USE PERMIT N0, 8601
For
• ~ ~ ~ ~ ~ ~~. ~. G~•ea.t River Ener~~~ - El.k River Resource
~roce~s~~~~ P ant
Refuse Derived Fuel Resource Recovery Facility
This A~n.ended Conditional Use Permit No. 8601 was approved by the City
Council of the City of Elk River on December 1,1986, and amended by the City of Elk
River an December 17,1990, January 27,1992, January 15,1994, January 15,1996,
December 20,1999, February 9, 2004, November 22, 2005, November 17 2008 and
~~~ subject to the following terms:
1, This Conditional Use Permit No. 86-01 the Permit} is for the construction
and operation, on property legally described as follows:
The Southwest one~quarter of the Southeast one-quarter ~Sw 1/ of the SE 1/}
of Section 11, Township 32, Range 26, Sherburne County, Minnesota,
according to the Government Land Survey, except the South 46S feet of the
west 495 thereof, sub ject 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, ~ 1410D022-003 for an Air Emission
Facility, Air Pollution Control Equipment and Solid waste Processing System
and Permit for the construction and operation of a waste Processing Facility
and System, No, Sw-305, issued by the Minnesota Pollution Control Agency
~MPCA}; and as described in ~1} "Response to RDF information Sheet Issued
by the Concerned Citizens Against the Proposed Garbage Project,"
transmitted to the City by Correspondence dated July 24,1986, and ~2)
"Responses to the City of Elk River Concerns" transmitted to Mayor Richard
Hinkle an August 19,1956; and ~3} correspondence from the ~Permittee
to Mayor Richard Hinkle dated Qctober 13,1986, and as further described in
~.~or. Permittee's November 28,1989, application for renewal of conditional
us permit and~Permittee's correspondence of April 2,1990, Apri117,
S~\PLANNTNG NtAIN\Case Files\CUP\CU a~-22 Resource Recovery Technologies\CUP
~ 990, July 2,1990, August 3,1990, and September 6, ~ 994, to the City; in
.~r~Permittee's November 20,1991, application for renewal of tlae
Conditional Use Permit; in r~Permitee's February 1,1993, application for
renewal of the Conditional Use Permit; in ~,Perrnitee's Navenaber 8,1995,
application for renewal of the Conditional Use Permit; ink Per~~nitee's
November 2,1999; and in riot Permittee's December 22, 2004, application
for renewal of the Conditional Use Permit; all of which have been provided to
the City by the prior Permittee in support of the application for this Amended
Conditional Use Permit and collectively describe the Facility authorized by
the Perinit. The Facility consists of three ~3}integrated components located in
the City. ~1 } A facility far 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 soled waste ~MSw}, refuse~derived fuel
~RDF}, rej ected ~nunicip al solid waste ~Re j ects}, and incinerated RDF ash. S o
long as RDF is incinerated in the City, the conditions of this Permit which
relate to the Burn Facility and Residue shall be in full force and effect.
Construction ar operation in violation of any of the ~~naterial state~~nents of
fact, factual information, or representations in the referenced documents sha11
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 Pe~nit.
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4:2. Any new building plans and specifications must be approved by the City
Building Inspector and Fire Chief.
~3, Approval of driveway entrances, if needed, on State and County highways
shall be secured from the appropriate agencies and filed with the City
S~\PLANNTNG MAtNlCase Fi.tes\CUP\CU Q~-~2 Resource Recovery Technotagi.es\CUP
Environmental Administrator prior to issuance of any building permit. Street
lighting and acceleration and deceleration lanes for Highway 1 o at the
intersection of 1 ~5~~' Avenue and Highway 10 shall be installed by City to
provide safe access to Highway 1 o for trucks entering and leaving the Facility,
Failure by Permittee to reimburse the City for the installation of said
improvements within thirty X30} days of receiving an invoice for all or any
part of said improvements shall be cause for revocation of this Peranit.
~;4. The City shall have the right of access to all areas of the Processing Facility
and site far the purpose of inspection to ensure compliance with all of the
terms and conditions of this permit and the Solid waste Facility License for
the Facility. The City need not give prior notice to the Permittee for personnel
to access the Processing Facility or site during waste receiving, Monday
through Saturday, or if an explosion or other emergency occurs. At any other
tune, at least twelve X12} hours prior notice to the Permittee is required. Such
access shall be in accordance with reasonable safety standards and reasonable
proprietary information requirements.
..
. .,
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~~rs-a ~~~; ~Fh~~-Inspectors slaall 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 Conditional Use
Permit, the license for the Facility, and Chapter 58, Article III of the City
Code, The on-site City inspector shall have the right, at any time, to take one
or more of the following actions:
A. Qrder a Toad of MSW inspected, pursuant to the procedures set forth in the
license for the Facility;
.....~ vim. ...r... racer wr~...+....vT ravWair ~.r, ,a„a, µ T1viWy1VR.4 V~. YAAV ~.i ~h4L' VVAILI VA FJ J.thJ..4 .LVl L1J.V
Ton~~Kf~s~ ~~ n / ~ 1
~B, Crder the Facility shut down if necessary to bring it into
compliance with ~-~-~-~~~'n~nfrn~ ~,~ ~~, n~ any other term ar condition of
this Conditional Use Permit, the license for the Facility, or Chapter 58,
Article IIZ of the City Code,
~5, All employee or visitor motor vehicles associated with Facility operation-
shall beparked onFacility property, and not on adjacent lands not owned by
Perrnittee 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~\PLANNING MAIN\Case Files\CUP\CU (-22 Resource Recovery Technotagies\CUP
,5;6, The City sl~all be notified by the Pe~~.nittee immediately upon tl~e occurrence
of any explosion, fire, or other emergency at the Facility; upon the discovery,
release or spill of hazardous or dangerous materials, as defined in the City of
Elk River Solid Waste ordinance, at the Facility; and of any violations ofthe
conditions of the Permit, Air Emission Facility Permit No, ~~~14i ~~~~22-
00 or Permit for a waste Processing p'acility and. Syste~.~ ~To, Sw-~~~.
~j~3i`T~ f~r.:',~'~~,~CIdK.c"`-~...~~-.#i r ~d~ z w: n'~.~s°~~' .~ :-~, -~'~ ~"^~ a^~;ft T'~~~}~,~""y"`^~"~'G3G.«:c~f' ,~. ..~ '~y :...,
c.~ ~„ < ,~-,. s.;- WM1.~....a.tim-5.~7..Y.. 4rv.w. 7^_,~n~r a~'6eN .~..f-2.:~~.~..~s. ~wr a.~4, - -~-'owi +~ 4:=:k.'~'~.$.$,.:. F,,,`.C,z°~,.: ~ .w~ ~~..2 ~~k~~S..»'...C,sw:. n+~/`0d
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r.~ ' ~~ ~2 ~~ ~` s:~~ ~.:~~,,," ~,~ `~'~s;. ~:~{ a~ ~ w,t ..''at~A'~.J' ~.. E~.k~F:~iJSa~~ ~k.>+.c '~~~_'~~~i~S~.~.t ~~~~~ ~~~ ~ ~ ~~.
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~~~a~ ~~~~~~~~~:~~~~ ~.~ ~'~'. ~a~ The specific requirements far how, when and
who to notify at the City sha11 be set forth in a separate letter from City Staff
to Permittee. This letter may be revised or supplemented by City staff from
time to time as necessary to address the City's needs for notification.
,
-~7, All MSw, RDF, Rej ect arResidue-hauling truck traff c entering or exiting the
Processing Facility or the Bur~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.
~S. The Facility may operate twenty-four X24} hours a day. However, the City
reserves the right to restrict the hours of operation of the Facility to normal
business hours if noise emanating from the Facility to surrounding residential
properties is unacceptable. Receiving and transporting MSw and rejects at
the Processing Facility may take place twenty-four X24} hours a day, Monday
through Saturday, However, the City reserves the right to restrict further the
hours of receiving and transporting MSw at the processing facility if
necessary to protect the public health, safety, and welfare, RDF may be
transported twenty-four 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,
~9, The processing Facility sha11 be enclosed by a minimum six-foot and no more
that eightyfoot high chain link fence,
x-4:1 ~, Testing as requested by State agencies of storm water run-off captured in the
on-site retentianldetention panel, Permittee shall provide City evidence of
S~\PLANNING MAIN\Case Files\CUP\CU Q-22 Resource Recovery Technotog~es\CUP
storm water NPDES permit coverage for industrial activities and a copy of the
perlnittee's Storm water Pollution Prevention Plan.
-x;11, The Per~nittee shall engage in a regular and routine litter maintenance and
removal program extending ~a} one-half mile east of the Processing Facility
entrance on 165t~ Avenue Northwest, fib} southeast on Highway ~ 0 from the
intersection of i 651' Avenue No~•thwest with Highway 10 to the eastern city
limits, ~c} northwest on Highway 10 from said intersection to the intersection
of Highway ~ 0 and Highway 169, and ~d} any other areas adversely impacted
by debris related to Facility operations as nay be determined by the City,
Litter shall be removed from these areas no less than once per month, and
z~.ore often if necessa~•y because of spills or complaints from neighboring
property owners, to ensure that these areas are kept free of litter generated by
truck traffic traveling to and from the Facility, 1n addition, Permittee 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,
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n~_~-~ra T~~~-r~rnc~n~in~ n~uig~~ r_ 1 n ~~r~ 1~f,~5~
-~;1 ~, No exterior storage of MSW, RDF, Rejects or Residue shall be allowed,
~;ce~ ,~,~_~~~~n~nr~ ~~~;.~ ~~ , .~exce ~t th~~t bu.h ~ ~°e'ec~s fie.. t~.n.~s
whito . Dods tiros etc} ~~na ~ bo ~tor°ed ou~s~d.e rho b~~~d~n ~n covo~~ed.
shoitcrs anc hot l.oa.ds m.a bo tong ~or~ril~r shored in the hod load.
cotainm.ent a.rea.,_ ~Ad.d.~tiona~. n~~~o~°~~.~s n~av~ bo s~orod in onc~osed
tr~.ilers or tr.~~~cks.;
13 , The P ermittee represents and warrants to the City tl~at the Facility shall at all
times comply with alI applicable city, county, state, and federal laws and
regulations, including without limitation, environmental laws and regulations.
~~ 4. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF
process Rejects and RDF Residues, shall be disposed of in strict compliance
with the requirements of Chapter 58, Article ~~~ of the City Code and Chapter
703 5 of Minnesota Rules,
x;15,. Responsibility for,_~osts;
P i • ~.
S~\PLANN~NG MA.tNlCase Files\CUP\CU C~•2~ Resource Recovery Technologies\CUP
A. The Pernittee shall pay all direct costs incurred by it or the City in
conjunction with the application for this Permit and development of the
Facility, including without limitation legal, pla~a~aing, consulting,
engineering, and inspection expenses including a reasonable charge for
City staff time) incurred in connection with approval of the Facility, the
preparation of this Permit, and all costs and expenses Incurred by the City
in monitoring and inspecting the construction of the Facility, except those
costs and expenses normally covered by the building pe~.nit fee.
B, The Pe~~nittee shall defend and hold the City, its officers, and employees
hornless from all claims made by third parties far damages sustained or
costs incurred resulting from Facility approval, construction, and
operation. The Permittee shall indemnify tl~e City, its officers, and
employees for all costs, damages, or expenses which the City any pay or
incur in consequence of such claims, including attorneys' fees. Tlae
aforesaid defense, indemnity, and hold harmless provisions shall not be in
effect from and after the date that the occurrence giving rise to the claim in
questions is determined by a court with jurisdiction over the matter to have
been caused solely by the willful conduct or negligence of the City, Its
officers or employees. Until the date of such judicial determination, the
defense hold harmless and indemnification provisions shall be in full force
and effect and in the event of such judicial determination, the City shall
reimburse the Permittee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co-
counsel in the defense of sucl~ matters. The Per~mittee agrees to
indemnify, defend, and hold harmless the City of Elk River, its Council
members, officers, and employees fram any claims or damages arising out
of any acts or omissions on the part of the Permittee and any of the
pa~~ticipating counties or their commissioners, agents, or employees in the
performance of the counties' contractual obligations under the agreements
with the Perrmittee, from any strict liability Imposed upon the City
pursuant to Minn, Stat, 115B.D1, et set, for the release of hazardous waste
at the Facility and from any remedial actions, cleanups, removal, closure,
post~closure activities, or monitoring requirements or costs associated
therewith. This indemnity, hold harmless, and defense obligation an the
part of the Permittee shall include, but not be limited to, any and all
actions, claims, requirements, or claims for damages arising out of the
granting of this Permit for the Facility or any variance associated with the
height of the proposed Processing Facility and the inability of the City to
properly respond to fire calls at the Processing Facility due to the
limitations of its equipment or personnel, but shall not include willful and
unjustified failure to respond to fire calls at the Processing Facility, The
indemnities provided in the paragraph B are subject to the limits of
liability set forth in Minnesota Statutes Sections 466.04 and 466.D6, as
S~\PLANNING MAIN1Case Files\CUP\CU [x-22 Resource Recovery Technologies\CUP
amended from tune to time, if effective as to the particular indemnified
action or claim, Nothing in this Permit is intended to waive the
immunities to which the City is entitled by law.
C. The Per~nittee waives and releases the City from all claims, direct or
indirect, arising or claimed to laave arisen out of all actions o~• inactions
relating to the City's consideration or issuance of the Pei.nit.
D. The Permittee shall reimburse the City for all costs incurred in
enforcement of this Pez~nit, including consultant and attorneys' fees.
Failu~•e by Permittee to reimburse City within forty-f ve X45} days of
receiving an invoice for any costs for which reimbursement is required by
the terms of this Conditional Use Pe~nit or the License for tlae Facility,
shall be cause for revocation of this Permit.
X16. Miscellaneous:
A, This Permit and its conditions shall be binding upon each of the
Pertnittees, jointly and severally, referred to collectively in this Permit in
the singular as Pernaittee, and the successors and assigns of any one of
them. The assign~~aent by any Pennittee of its interest in the Facility shall
not relieve it of responsibility and liability under this Permit without the
written consent of the City, which consent shall not be unreasonably
withheld.
B. Violation of the terms of this Permit or of MPCA Permit No. Sw~305 or
Air Emission Facility Permit No, ~~:~~_l ~ OoO~~-~03 by the
Permittee shall entitle the City to any and all remedies available at law or
in equity, zf the City determines that such violation results in a clear and
imminent danger to the health and safety of the City's residents, the City's
remedies shall include immediate cessation of operation or construction,
or both, without the necessity of a judicial order in advance of the same,
Zn all other instances, the immediate cessation remedy shall be preceded
by a judicial order. A revocation or suspension of this Permit shall be
only as to the violating component of the Facility, not as to the
components not in violation.
C. If any portion, section subsection, sentence, clause, paragraph, or phrase
of this Permit is for any reason held invalid, such decision shall not affect
the validity of the remaining portions of the Permit.
D, The action 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
written resolution of the City Council. The City's failure to promptly take
legal action to enforce this Permit shall not be a waiver or release.
S~IPLANNTNG MAIN\Case FileslCUP\CU (~~~2 Resource Recovery Technologies\CUP
x;17.
Notices. Required notice to the Permittee shall be in writing, and shall be
either hand delivered to the Permittee, its employees or agents, or mailed to
the Permittee by certified or registered ~~.ai1 at the following addresses:
~, ~, , .
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... .. a. ~ Y ... r`.
h "I""~'AT ~ T~1 ~#~,~ .
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Great Ri~rer Ener~~r
ATTN: Manager, Elk River Station
17845 U.S, Highway 10
Elk River MN 55330x0800
road ~~v~~~~ne~°~
ATTN 'an~.~ar .~n.viro~~m.en~a.~ ervicos
~.~~~ ~.n1 Creek ~~u,~.eya~'d.
~. ~~e `rave ~~~N JJ~~~"~.~
Notice to the City shall be in writing, and shall be either hand delivered to the
Environmental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address;
City o f Elk River
1305 Orono Parkway Nw
Elk River MN 5 5 3 3 0
ATTN; Environmental Administrator
X18. Review: The terms and canditians of this Permit and compliance by the
Perrnittee shall be subject to review by the City prior to January 31,
~~01 ~. The City reserves the right to revoke, amend, or impose additional
conditions an the Facility or the Permittee at such time taking into account the
advancement of scientific knowledge relative to the health effects of the
Facility, the Permittee's degree of compliance with current Permit conditions,
and the criteria and standards of the City Code and Minnesota law,
The undersigned, on b ehalf of the respective P ermittees, j ointly and s everally,
represent and bind their respective Permittees to the terms of this Permit, having fully
S~\PLANNING MAIN\Case Files\CUP\CU (•2~ Resource Recovery Technologies\CUP
e~.amined this Permit and all materials refereed to herein and agree to all the
conditions set forth, Each person signing below on behalf of a Perlnittee does so
upon the authority is attached hereto,
Dated.
Ey,
Its;
PERMITTEE; ~~~eat ~i~Ter Ener,_g~
STATE OF MINNESOTA )
COUNTY OF~~ '~THENNEPIN )
The foregoing instrument was acknowledged before me this
day of
2010, by
,the
of great
P~iver Enema, a Minnesota c~~eorporation, on behalf of the corporation,
Notary Public
S~IPLANN~NG MAxNlCase Rtes\CUP\CU f-22 Resource Recovery Technologies\CUP
Drafted by. Environ~nen~al Department
pity o f Eik River
S~\PLANN~NG MAIN\Case FileslCUP\CU ~~22 Resource Recovery Technologies\CUP
CITY ~F ELK RIVER
SGLID WASTE FACILITY LICENSE
r + ELK RIVER RESOURCE I~RGCESSING
PLANT
WASTE PRICES SING FACILITY
This Solid waste Facility License the License} is hereby issued by the City of
Elk River the City}, pursuant to Chapter 58, Article III the Solid waste Facilities
Grdinance} of tlae City of Elk River Code of ordinances the City Code} to a~r~~_
River Energy Licensee} for the establishment and operation of a waste Processing
Facility the Facility} upon the property legally described as;
The Southwest ane-quarter of the Southeast one-quarter ~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. prior Licensee's "Application for a Solid waste Facility License to Permit
the Gperation of a Waste Processing Facility" and r~,~Licensee's
November ZS, 1959 application for renewal of the License far the Facility
and supplemental correspondence from Licensee to the City dated
April 2,1990, April 17,1990, July 2,1990, August 3,1990 and September
~, 1990; rp for Licensee's November 20, 1991, application for renewal of
the License; rior Licensee's February 1, 1993, application for renewal of
the License; rior Licensee's November 5,1995, application far renewal of
the License; rior Licensee's November 2,1999, application for renewal of
the license; rior Licensee's December 22, 2003, application for renewal of
the license; and r~ f or Licensee's October 12, 2005, application for renewal
of the license and~Licensee's ~~Noyemb,er,.,,1,7~ 2008,_--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 1956;
3. The Combined Air and Solid waste Permit No,1410009~22d003 for an Air
Emission Facility, Air Pollution Control Equipment, and Solid waste
l
Processing System, and Permit for the Construction and Operation of a
waste Processing Facility, No, Sw~3~5 collectively referred to as the
MPCA Pen~nit}, issued by the Minnesota Pollution Control Agency
~MPCA~,
~~. This License is issued subject to the requirements and conditions set forth
below in Section llZ, which are imposed for the purposes of:
1. Satisfying the standards set forth in the Elk River City Code of Ordinances,
Including Chapter 5 8, Article i~Z and Chapter 3 o 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 traf~ c congestion ar hazard; and
5, Preventing land, water, ar air pollution.
IZI, Requirements and Conditions;
1. ~ncor oration of Plans and A lication 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
identif ed above in Section ~ of this License, all of which are hereby made a
part of this License. Construction or operation in violation of any of the
material statements of fact, factual information, or representations made by
the Licensee to the City or MPCA shall be deemed to be a violation of this
License.
~. MPCA Permit, The terms and conditions of the MPCA Permit are
specifically incorporated into this License and the Licensee shall comply
with all such terms and conditions including, without limitation, the
"Operating Conditions," "Special Operating Requirements," and "General
Conditions: of the MPCA Permit and that portion of the MPCA Permit
denoted "Permit No. Sww305." Any violation of the MPCA Permit will
constitute a violation of the terms of this license. Licensee sha11 notify the
City immediately of any violation of the terms, conditions, or requirements
of the MPCA Permit, and shall advise the City as to what steps will be
taken to correct said violations.
3. Amendments to MPCA Permit. No amendment or change to any term,
condition, or requirement of the MPCA Permit shall be incorporated into
the License or become effective with respect to this License until the City
has received notice of the proposed amendment and has specifically
consented thereto by amending this License to incorporate the MPCA
P ermit Amendment.
4. Reporting Requirements, Copies of all plans, studies, reports, and other
~~aaterials required to be submitted to the MPCA by Licensee shall be f led
with the City, unless the City Environmental Administrator or his
designated representative specifically notifies Licensee in writing that
copies of specif c documents will not be necessary, Materials, which must
be provided unless declined, include, with limitation, all plans and
specifications; Cperatians Reports; residue management plans; annual
residue repa~~ts; contingency disposal plans; and waste composition studies.
5, Solid waste Facilities Crdinance. The Facility and Licensee must at all
times fu11y comply with the requirements of Chapter 58, Article II1 of the
City Code, including specifically Sections 58-Z13 and 58214. Any
violation of the City Code will constitute a violation of the terms of this
License. Licensee shall notify the City iin~nediately of any such isolation
and shall advise the City as to what steps will be taken to correct said
violations,
~, City Zoning ~rdinance,,,an~,.Co,n~~ional Permit, The Facility and Licensee
must at all times comply with the terms and conditions of the conditional
use permit issued for the facility the "CUP"} and with the City's Land
Development Regulations Crdinance, including the performance standards
set forth in Division 5, Subdivision V thereof. Any violation of the CUP or
the Zoning Crdinance wi11 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. ~ ~ .Pral~ibitecl waste. This license does not
authorize the Licensee to receive or rocess wastes dete~~~ined to be
hazardous in. accorda~~.ce with. United States Fnv~.ro~~.~nental :~rotcction.
.A ~enc ~J~SEPA Uazardaus ~wa.ste Re ~ulations d.nd. SPCA Hazardous
waste Rules. ~ the event an hazardous ~raste is inadvertentl received at
the facilit the Licensee shall handle the waste in accordance with USEPA
:hazardous waste R.e lations and MPCA Plazardous waste Rules. Tlac
facility shall not acre t an wastes listed. below e~.ce t in amounts found
norm.all in household waste; .
a. Li uids
b. Di, ested sewa e stud e li~u.e slud e ~t cl~.an~ber sc~°eeninas bar
screenin ~s and other slud xes s ecial infectious waste raw sewn ~e raw
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~ni~~.al n~a~~.ure, or se~~tic ta~~k ~un~.~in~s; however, the Con~~.~issione~» ~~.a~
a grove dis~ oral off` these wastes based on consideratian of such fa.ct~~rs as
chemical com osition hee mois~re content and ~~~orkabilit ~ /
cl ~tl~er substances that nay be deemed una~~epta~~
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~;B,Licensee shall develop a plan for identifying ~~~ ~~~~r--~~ :d
rohibited wastes and the generators of such waste. This plan
shall include, at a minimum, the following elements:
A} Licensee shall thoroughly inspect a ~ninimuin of ~~t~r~nty
~~~a} MS~w loads per ~e~k~-month average} selected on a
random basis, This inspection shall include ~ `..~
~1 r r » r r r~ r r r
,' ~ a ~risual ins action of the content of each load,
B} Licensee shall submit to the City a quarterly report
containing, at the minimum, the follawing information of
each load inspected,
{i} The hauler and truck number of the load;
iii} .Any ~ >v ~ ~ r rohibited waste found in
.~
the load
viii} Licensee's efforts to identify the generator of any
. ~ohibited waste found in the
laad.
Div} The identity, if known by Licensee, of the generator
o f any ~ n ~ n~+~ ~,~ ~ n ~.~ r^~ ~ ~, g~~~, ~, ~ r~it~d waste found
in the to ad;
~v} The actions which Licensee is taking against the
generator and hauler of any such ~" r, ~r~,..~ ~~~, ~ r,r
~rol~ibited waste found in the load;
Zvi} Licensee's record of disposal of any ~~ .E
~~ rohibit.ed waste found in the load.
C} Licensee shall advise the City Environmental Administrator,
if requested, when these loads are being inspected and the
City shall have the right to have its personnel on-site to
observe the inspection process)
4
D) Licensee shall r ~ , ~ ~ ~ r ~ ~ ,
~° ~ ~' natif~~it;of .a.:~ dawn time major repairs
and cleaning of the Facility. City sha11 have the right to
thoroughly inspect the Facility for cleanliness and
compliance with the other tenns of this License during such
own time,
E} To further ensure corripliance with restrictions in this
License, and in Chapter 5$, Article 1Zl of the City Cade 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 E11~ River, the City
sha11 have the right, upon thirty ~3 0} days notice to Licensee,
to have an inspector at the Facility twentywfour 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 the Facility, and Chapter 5 S, Article 111 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} Order the Facility shut down if necessary to bring it
into compliance with any other term or condition of
this License, the conditional use permit for the
Facility, or Chapter 5S, Article 111 of the City Code.
~9.RDF and. Reject Disposal. All Mired Municipal Solid waste shall be
disposed of in strict compliance with the requirements of Chapter 58,
Article lx1 of the City Code and Chapter 7035 of Minnesota Rules,
~:1 D, 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 sha11 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.
~-9;11. Processin~d Storage~Areas, to be Fu11~r Enclosed. A11 MSw and
...~_ ._ .
RDF receiving, processing, and storage areas at the Facility shall be fully
enclosed: exce t that bu~.k re'ects e.. tams white roods tires etc m.a
~e stored_ outside the building_~n,,, ~ove~ed _shelters and hot loads nay be
tem oraril stored in t1~e hot 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
shall create a 20-foot ~~o en s ace fire brea.~ between the
conveyor on the tipping floor of the Facility to the garbage on the tipping
floor. All RDF haul trucks leaving the facility shall be securely covered so
that no RDF or other matter may escape.
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 from the Facility to
surrounding residential propet~ties is unacceptable. Receiving and
transporting MSw and rejects at the Processing Facility may tape place
twenty~four X24} hours a day, However, the City reserves the right to
restrict further the hours of receiving and transporting MSw at the
processing facility if necessary to protect the public health, safety, or
general welfare. RDF may be transported twenty-four X24} hours a day,
Licensee shall provide an area at the Facility for disposal of solid waste by
individual citizens --Licensee shall also advertise on at least a quarterly
basis the availability of this public drop off facility and the fee charged for
it, and shall cooperate with the City in recycling efforts.
-x;13. wash water and Storm water Run off. All true. and facility wash
water shall be diverted and captured in a retention tank so it does not enter
the groundwater system. Captured wash down water shall be disposed of
as required by the MPCA, and shall not be disposed of in the City's waste
water Treatment Plant. Testing ~r~e~~+~-~~~~of storm
water run-off captured in the on-site retentionldetention pond shall be
conducted in accordance with State re ~.~ire~ilents, ' ~ y Licensee shall
provide City evidence of storm water NPDES permit coverage for
industrial activities and a copy of the perlnittee's Storm water Pollution
Prevention Plan.
X3;14. Secur~ty_an~,,,,Lztter Control, The Facility shall be enclosed by a
minimum six foot and no more that eight foot high chain link fence,
Licensee shall engage in a regular and routine litter maintenance and
removal program as required by the CUP.
~~_5. Sig_na~e, Licensee shall erect and maintain at each entrance to the
Facility a permanent sign stating the name of the Facility, the MPCA
Permit number and stating the hours and days the Facility is open for public
use,
~1 ~. License Fees. Licensee shall promptly pay the License application
fee and annual License fees required by Chapter ~S, Article 11I of the City
Code.
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X17, Inspections, Licensee sha11 ~r~ake the Facility available for
inspections as required by the CUP and Chapter SS, Article III of the City
Code,
X18, Insurance and Bonding. This License sl~all not take effect until the
insurance and bonding requirements set forth in Section 58-127 of the City
Code have been complied with,
x-;19, p' ,,,'„nand Renewal, This License shall expire an January 31,
- , Ex ~rat~o,,, ,,, .....
~20~.2, as provided by Chapter 58, Article III of the City Cade,
Renewal of this License shall be governed by the procedures and
requirements of Section~s~ SS-128, SS-129 and 58MI30 of the City Cade.
~9-;20. Sus ension 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,
x;21, Violations. Any violation of terms and conditions of this License
shall also be considered a violation of Chapter 58, Article III of the City
Code and, in addition to suspension or revocation of this License as
provided in S ection 5 5-13 0 of the City Code, the City nay 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 officers, and employees harmless from all claims made by third parties
for damages sustained or costs incurred resulting from Facility approval,
construction, and operation, The Licensee shall indemnify the City, its
officers, and employees for all costs, damages, or expenses which the City
may pay or incur in consequence of such claims, including attorneys' fees,
The aforesaid defense, indemnity, and hold harmless provisions shall not
be in effect from and after the date that the occurrence giving rise to the
c1ai~~. in question is determined by a court with jurisdiction over the matter
to have been caused solely by the willful conduct or negligence of the City,
its officers or employees, Until the date of such judicial determination, the
defense, hold harmless and indemnification provisions shall be in full force
and effect and in the event of such judicial determination, the City shall
reimburse the Licensee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing, Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co-
counsel in the defense of such matters, The Licensee agrees to indemnify,
defend, and hall harmless the City of Elk River, its Council members,
officers, and employees from any claims or damages arising out of any acts
or omissions on the part of the Licensee and any of the participating
counties or their commissioners, agents, or employees in the performance
of the counties' contractual obligations under the agreements with the
Licensee, from any strict liability imposed upon the City pursuant to Minn.
Stat, i i5b,ol, et, s.~. for the release of hazardous waste at the Facility and
from any remedial actions, cleanups, removal, closure, post-closure
activities, or monitoring requirements or costs associated therewith. This
indemnity, hold harmless, and defense obligation of the part of the
Licensee shall include, but not be limited to, any and all actions, claims,
requirements, or claims for damages arising out of the granting of this
License for the Facility, The indemnities provided in this paragraph 23 are
subject to the limits of liability set forth in Minnesota Statutes Sections
466.04 and 466,06, as amended from time to time, if effective as to the
particular indemnified action or claim, Nothing in this License is intended
to waive the immunities to which the City is entitled by law.
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.
224, Costs, The Licensee shad reimburse the City for all casts incurred
in enforcement of this License, including consultant and attorneys' fees, as
provided in Chapter 58, article ~ZZ of the City Code. Failure by Licensee to
reimburse City within forty-five ~45~ days of receiving an invoice for any
costs for which reimbursement is required by the terms of this License or
the Conditional Use Permit for the Facility, shall be cause for revocation of
this License,
24;25. License Blndin~. 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. Severabl~llty, ~f 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.
227. Amendments or Waivers in Wrltln .The action or inaction of the
City shall not constitute a waiver or amendment to the provisions of this
License. To be binding, amendments or waivers shall be in writing, signed
by the Licensee, and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this License shall
not be a waiver or release,
S
~:~8, Notices. Required notices to the Licensee shall be in writing, and
shall be either hand delivered to the Licensee, its employees or agents, or
mailed to the Licensee by certified or registered mail at the following
addresses;
Great River Ener~~
~..
ATTN:~ ~~ana~er :~l.k R.~.~Ter tatic~~~.
~~~~~--.~~~-~: w: ~'~845 ~J~~ ~~~r 1 ~
Elk River MN 55330~0~~~
P~-'cat Ri~je~~_ ~~~er ~~~
ATTN: ~arW~ ~~~ rv~ ' ~, ~z~ ~$~~ l~ana~er. Environ~~.ental erv~ces
~1~3~U Eln~ Creek Eaulevard .
. ~~
Maple Grove, N.~N 55 3G9~47 ~ ~ ,~ ,
Notice to the City shall be in writing, and shall be either hand delivered to the
Environmental Administrator, or mailed to the City by certified or registered mail in care
of the Environmental Administrator at the following address;
City o f Elk River
1365 Orono Parkway
Elk River, MN 5 5 3 3 ~
Attention: Environmental Administrator
~V. This License will take effect when all of the conditions precedents to the
issuance of the License have been met and Licensee, or its duly authorized
representative, has executed this License indicating Licensee's consent to all
of the terms and conditions of the License, the Conditional Use Permit far the
Facility, and Chapter 5 S, Article X11 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, I~Iinzing, Mayor
By'
' ' Tina Allard, City
Clerk
10
CONSENT CF LICENSEE
The undersigned duly authorized representative of RRT, the Licensee under this
License, on behalf of the Licensee, represents that Licensee has fully examined this
License, the Conditional Use Permit for the Facility, and Chapter 58, Article III of the
City Code; and that Licensee consents to each and every condition contained in or
incorporated into the License, the CUP, and the City Code.
Each person signing below on behalf of the Licensee does so upon the authority
of the Board of Directors of the Licensee, and a resolution documenting such authority is
attached hereto,
LICENSEE: ~~Cre~.t .fiver Energy
By'
~~
Its:-~"ry~~~. ~.:~~-
STATE Off' MINNESOTA )
}
COUNTY OF HENNEPIN 1
The fore join x inst~~.~n~ent ~jas a.ckno~leci ~re~ befo~°e n~.e this da of
~01o b~ the
of Great River Energy , a IVlinnesota Cor oration on behalf of tl~e Co oration.
N~otar o .:~~. ~.~c
11
January ~ S, 2010
REr.~(~rED FEB 01101U
Ms Rebecca Haug
Environmental Administrator
City of EIk River
13065 Orono Parkway,
P~ Box 490
Elk River, MN 55330
Re: Conditional Use Permit and solid waste License Application Elk R.1ver---Resource
Processing Punt
Dear Ms Haug:
Resource Recovery Technologies, lnc, ~RRT~ has received and reviewed a copy of Great River
Energy's ~GRE~ January 27, 2010 application far a Conditional Use Permit and Solid waste
License for the Elk River Resource Recovery Facility ~ERRRF}.
As noted in the application, RRT currently owns and operates the ERRRF and RRT and GRE
are in the process of negotiating the sale of the processing plant. RRT understands GRE's efforts
in making application for this change of ownerslup to the city of Elk River. RRT does not ob j ect
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,
if you have any questions, please feel free to contact me.
Sincerely,
RyanTiz
Director of Business Development
Cc. Mike Sullivan
Wayne Hanson
Sevin Tritz . ~ ~ ~ ~ .~ ~ ~..
6321 BURY DRIVE, SUITS #13 EDEN PRA[RIE, MN 55346
PHONE; 952-946-6999 FAx; 952-946-7975