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6.6. SR 03-15-2010
Elk -.., REQUEST FOR ACTION River ® ~ter~ umber Ci Council ~, ~ Benda ect~®n eet~n ate tapered Communi Develo ment Maich 15, 2010 e~e~n Bainha~t, Plannin Mana e~• item escriti®n ev~er~e b City of Ells Rlve~• fo~.• ~~•d~nance Amendment relating to Buffer Pete~• Beck, Ci Atto~.•ne Zones, Case No, ~A 10-01, Publrc .Hearr~~ evaee b Y ct~®n a Neste Staff and Planning Commission recommend approval of the attached ordinance. ua~r Staff and Planning Commission are recommending the City Council ado t the ro osed ordinance p p P amending Chapters 30 and 58 of the City Code to reaffirm that buffer a~•eas for solid waste facilities must be located within the Solid waste Facilities overlay District, tannin ~r~ss~~n ~scuss~~n The Planning Commission had questions of the proposed o~•dinance amendment and a hcation of the PP amendment to the landfill's pending application to expand the landfill, These uestions are add~•essed i~~ q the attached ~i.emorandutn f~•om the city attorney, uNic amr~ent Jacl~ Parry, rep~•esenting the landfill, spore to the Planning Commission, ttachn~ents Staff Report to Planning Commission Dated March 9, 2010 Memo~•andum from City Attorney Peter P eck, Dated March 12, 2010 ® Memotandu~n from City's Litigation Counsel, John Bakef•, Dated March 12, 2010 ~ Draft Ordinance Ct~®n 1~Iotion by - Second by Tote ~~~r~ S:~1'ublic Bodics~Cc~uncil~l'lanning~~3uffcr 7rnles,doc Facili~es must be located within the Solid waste Facilities ~verla Zonin District. Staff recommends approval of the ordinance as drafted. cr~u~ iscuss~® Since it's adop~.on in ~95~, the pity's Solid waste Facility SwF} ordinance, now incorporated in Chapters 30 and 5~ of the Elk River City Code, has included a definition of Solid waste Facilities which defines Solid waste Facilities as "ail property, real or personal ...needed or useful for the processing ar disposal of solid waste ....". 'This defini~on of Solid waste Facilities has always been .interpreted to include all components necessary for the operation of a Solid waste Facility, including required buffer areas and buffer zones. Beginning with approval of the original C~TP for the Landfill in X985, through all of the renewals and amendments in the ZZ years since then, it has been understood that the ZOa-foot buffer zone has been required to be located on Landfill property within the Solid waste Facilities overlay caning District. The existing Z~Q~foot buffer zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facili~.es overlay ~on~ng District. N~tw1thstan.ding the language of the City Code requiring that ail property needed or useful far the processing or disposal of solid waste be located within the Solid waste Facilities overlay honing District, and its ZZ~year history of complying with this requirement, ilk River Landfill is now taking the posi~on that the City's SwF ordinance is ambiguous and that required buffer areas or buffer zones are not required to be located within the Solid waste Facilities overlay caning District. 'The City Council considered this position in the course of approving a renewed and amended conditional use permit and license for the Landfill on February ~G, 2~~~, and found that the Z44~ foot buffer zone required by state law is an integral part of the Solid waste Facility which is a landfill and therefore, that required buffer areas and buffer zones are required by the current City Cade to b~e ~~cated within the ~So~lid waste Facili~.es overlay honing District. ~n light of the landf~lls's new position regarding buffer areas, City staff feels it would be appropriate for the Planning Commission and City Council to address the intent of the Solid waste Facilities Case Fide OA 10-~~ Page 2 duffer ordinance -r~.in.~ce .by considering amendments ~o ~hap~ers 3o and ~S of ~Ze Elk ~.ver City Code, Therefore, City staff has prepared the attached ordinance amendment for considera~.on by 1-he Planning Commission and recommends that the Planning Commission recommend to the City Co~.nr~l. ghat ~-h~ .arn.endment be adapted. ,c n~ Draft Ordinance Leger to Deb ~1'alters advising the Landfill that the Planning Commission and City Council ~vi~l consider this amendment. :~. .,.~~! ( _ _ ~, q .~., { City of I Elk River 1306 Orono Parkway ilk River, MN ~~330 11~a~cli ?, ? 010 11~s, D eb walte~s ~~raste ~anage~nent lnc, 22460 Highwa~~ 1 G9 Nw Elk Ri~rea:, I~~N X5330 Re. O~din.ance Amendment Regaa:ding Buffer Area Requi~e~nent Dea~Deb; Foy: o~cTe~ two decades both the active area of the landfill a~zd the buffer area requi~:ed bar state law anal i~ra the Landfall's Conditional Use Pea;~nit have been located witltin the bounda~~ies of the Cit~r's Solid waste Facilities Ove~la~r Zoning Dist~.ct, It leas alwa~Ts been the Cit~7's anew that both the active area and the ~equi~ed buffer area aa.•e paa:ts of the Solid ~rlaste Facility within file ~nea:~ing of the Cit~T Code, and that all pa~•ts of a Solid waste Facilit~~ :m.ust be located with~a the Solid waste Facilities O~re~laj~ Zo;raing l~zst~ct. Not-~7ithstanding the language of tla.e Cit~r Code ,~equi~ing that all p~ope~t~r needed o~ usef-ul fog the pa~ocessing o~ disposal of Solid waste be located within the Solidwaste Facilities O~rea:la~T Zoning Distiict, and its 22 ~Teaa: histo~-~T of compl~Ting with this ~equiiement, Elk Ri~re~ Landfall has tal~en the position, i~ a Januaa.•~~ 2S, 201 ~ lettea: to C~t~r staff and in subsequent pleadings in Slae~bu~•ne Count~~ District Cou~~t, that the Cit~r's Solid waste Facilities Ordinance is ambiguous and :~equi~:ed buffer areas o~: buffer zones aye not xe~ui~ed to be located within the Solid ~r~aste Facilities Ovezla~T Zoning Dis~:ict. The Ci~r Council considered dais position in the coua:se of app~o~rhlg a renewed and amended condi~onal use pe~~ni.t and license fog the Landfall on Feb~~ua~~ 1G, 2010, and found that the 200 foot buffer zone requited b~7 State law is an integral paa:t of tlae Solid waste Fac:~lit~r urlaich is a Landfall and that, thetefo~:e, tequi~~ed buffer areas and buffet zones ate requited b~- the cuttent Cit~1 Code to be located ti~rithi~. the Solid waste Facilities O~Tea:la~~ Zoz~.g District, In light of the Landfall's neu~ position tegaa:ding buffet ai~easa Cit~7 staff feels it urould be appxopa:iate fay the Planning Commission and Cit~r Council to addzess the intent of t11e Solid ~~jaste Facilities Ordinance b~~ considea:ing arnendme:~ts to Cla.aptea:s 30 and 58 of the Elk Ri~re~ City- Code Thetefoie, City- staff leas ptepa~ed the enclosed oa:ditxance a~~.endtnents for Phone; 7~3,63~.~000 ~a~; 7G3,G3~,10~Q Www,ci,e~k-river,mr~,us I~cb 1~~aItcrs ~~iarcll ?, ?(11tM 1'a~;~ 2 cons~de~at~aza b~T ~.~e Pianni~ag Co~n~x~ssian at tl~e~: ~neet~.~g o~ N~a~ch 9, ?U10 aid b~T ~.~e Ci~~ Counc~. at its meeting on ~~a~cl~ 1 G, ZU ~ 0. Ci~7 staff is not ciea~, ~iom d1e recent a~~~.catto~s for CUP a~~ne~ad~net~~s sub~n~tted bar the Landf~.l and Tilley Co~~o~a~on, wl~e~.~.et: ~I~.e ~,andfill intends to of has obtained eit].~e~ additionai ~~ope~t~r o~: ease~ner~t ~ig~~.ts fio~n Tilley:, Howe~re~, use aie ~~o~r~d~.zg ~~ou ~vi~h ad~raia.ced nonce of tlae p~o~osed ordi~~ance a~nendinents so d.~.at ~~au can consider tia.e possibili~r of adoptYOn of these amend~.nents in dete~n~.~g whether and ~Tl~en to acq~~e an~T additional p~ope~~r interests f~o~n Tillei. Please co~.tact one if ~rau ha~re an.~r questi.o~.s. 1re~~~ t~'ul~r ~rou~,s, Rebecca Haug ~nv~to~me~tal A.d~x~i.nist~ator e~oranum Ta: City Council City of Ell{ River FROM: Peter Beck City Attorney RE: Proposed ordinance Amending Chapters 30 and 58 of the Cit Code y Regarding Buffer Areas DATE: March 12, 2010 This memorandum supplements the staff report and addresses some of the issues which the Landfill raised during the Planning Commission hearing on the above a enda item g and ~n a letter to the Planning Commzss~on dated March 9, 2010, I have also asked the City's litigation counsel, John Baler, to prepare a memorandum to the Cit Council y addressing Borne of the Landfill's representations regarding the liti anon roceedin s, g p g Tiering of the Prvpose~ ordinance Amendment The Planning Commission inquired as to the timing of the ro osed ordinance . p p , amendments, As I explained to the Planning Commission, the first time Cxt staff heard the ar y gum.ent that the 2~0-foot state mandated buffer area for the Landfill should not be required to be on Landfill property or within the Solid waste Facilities ~veria District Y was ~n a letter to City staff dated January 28, 2010, Although the conce t of excavatin .. p g or mining ~n the buffer area pending expansion of the Landfill had been raised in 2002 no argument was made that ~ was aware of that the Landfill had the right to place solid waste in the buffer area without rezoning additional land. Followin recei t of the g p January 28, 2010 letter, staff reviewed the City's zoning and Solid waste Facilit Y ordinances and concluded that the existing ordinances require all com anents of the p Landfill, including the state mandated 200-foot buffer area, to be located within the Landfill property and within the Solid waste Facility District, This is how the ordinance has been interpreted since it was ado ted and the first ., p conditional use permit for tlae Landfill was approved some 22 years a o, However staff g concluded that it could not hurt to even more specifically so state i1a the zonin and Solid .. g waste Facility ordinances, and began preparation of appropriate ordinance amendments, There was not time to get the proposed amendments an the Planning Commission's and City Council's February agendas, so they were targeted for the Commission and Council's March agendas. while the ordinance amendments were being prepared, the Landfill filed an a lication pp to expand the Landfill into the 200mfoot buffer area. Staff proceeded to finalize the ordinance amendments and prepare a staff report, which was released with the Plannin g Commission agenda packet on March 2, 2010, In Tight of the Landfill's a lication to pP amend its conditional use permit, staff also sent a letter to the Landfill on that date notifying them of the proposed ordinance amendments. Appxca~~on of the Proposed rd~nance Amendments o the Landfi~gs Pending Aplicatian The Planning Commission also inquired as to whether the proposed ordinance amendments would apply to the Landfill's pending application to amend its CUP and License to expand into the 200-foot buffer area. As was explained to the Plannin g Commission, the City has the right to apply the ordinances in effect at the time it acts on an application for approval, and is not obligated to apply the ordinances as they were in effect when the application was made. This is a principle of law which I am. ver familiar . ., ., ,. y with, but ~n light of the 11t~gation I also consulted with the City s l~tigatlon counsel, John Balser, John confirmed any analysis and provided me with an outline entitled "Vested Rights Law in Minnesota," which he has prepared and assigns his students to read when teaching land use law at the William Mitchell College of Law. A copy of this outline is attached, Section I ion pages 1 to ~} is most relevant. In this instance, the proposed ordinance amendments do not add a requirement that all components of a Solid waste Facility be located in the Solid waste Facility District, The ordinance has always required that. The proposed ordinance amendment reaffirms what the ordinance currently requires. However, even if the ordinance Amendment can be characterized as a change, the City has the right to malse such a change to its Cit Code. Y Finally, as we explained to the Landfill in our February 2, 2010 letter advising them of the proposed ordinance amendments, and to the Planning Commission, the ro osed pp ordinance amendments, if adopted, will not stop the Landfill's pending application to expand. That application will continue to be processed and is currently scheduled to be heard before the Planning Commission and City Council at their April 13 and A ril 19 . P meetings. Landfz~~ Components The Landfill, in comments to the Planning Commission and in their March 9, 201 ~ letter to the Planning Commission, has stated that the current ordi~aances do not require that all components of the Landfill be located within the Solid waste Facility District, because the City has approved monitoring wells located outside of the District, It is true that there are a number of monitoring wells Iocated off of the Landfill site and outside of the Solid waste Facility District. The purpose of these monitoring wells is to identify and monitor affsite impacts of the Landfill on groundwater, By definition, these wells cannot be located onsite. Their purpose is to identify affsite impacts, Therefore, the fact that the .. .. y are not wlth~n the Sold waste Facility D~str~ct merely reflects their purpose, and does not mean that all other components of the Landfill, including waste disposal areas, gas wells, service roads, buildings and other infrastructure, are not required to be on landfill property and within the Solid 'L~aste Facility District, 2 Furthermore, the monitoring wells do not require exclusivity in their setting, They can be located in residential ar other developed areas, and frequently are in order to monitor the impact of the Landfill on groundwater in those areas. The required buffer area, on the other hand, can not be used for anything but buffer area for the Landfill, It is undevelopable and unusable for any other purpose, and is as much a part of the Landfill as the service roads and other infrastructure located on the Landfill site, Host Community Agreement A primary focus with the Landfill's litigation strategy has been to attack City staff, including the City Attorney, The Landfill's complaint and subsequent pleadings repeatedly misrepresent our actions and misquote us. In their March 9, 2010 letter to the Planning Commission, the Landfill has carried this strategy to the next level, purporting to tell the Planning Commission what I did or did not "envision" when negotiating the Host Community Agreement, Ta set the record straight, neither the Landfill nor its attorneys have access to my thought processes, not now nor in the past, Furthermore, when we entered into the Host Community Agreement with the Landfill I did not envision, and would not in my wildest imagination, have envisioned that the Landfill would ever say that this agreement gave them the right to expand the Landfill b o ~ y 75 /a. The Host Community Agreement cost the Landfill notl~ing, The surcharge they were paying, and were going to pay, became a Host Community fee. Their net cost was zero, How they can take the position that by entering into this Agreement they bought the right, by contract, to expand at will, is beyond me. This argument was not made when the Landfill was requesting approval of a comprehensive plan amendment and rezoning to expand, and the concept never occurred to me until I read the Landfill's complaint in the litigation. with respect to what I did envision at the time the Host Agreement was entered into, I would say that at that time, and until the complaint was received in the current litigation, City staff and the City as a whole had an excellent relationship with the Landfill and anticipated continuing to work with the Landfill as they renewed and updated their conditional use permit and license every two years, expanded their buildings and other infrastructure on the Landfill site as necessary, and increased the capacity of the Landfill by implementing state-of the-art technologies. That has occurred, For instance, in 2004 the capacity of the Landfill was expanded with the approval of a leachate recirculation system. Implementation of this system results in faster decomposition of waste and an expansion of the capacity of the Landfill to receive waste. 1n 2006, the City approved an expansion of the gas to electricity facility at the Landfill, In 2007 the Landfill requested, and the City approved, a conditional use permit to construct a new storage building and to retain an existing metal skin building previously required to be removed. These are the types of cooperative efforts, new uses and expansions envisioned in the 2003 Host Community Agreement. 3 The Landfill concluded their presentation to the Planning Commission by continuing their attack on staff, telling the Planning Commission that it was "being duped" by staff. ~n behalf of the staff, and myself, ~ want to tell the City Council in the strangest terms that we tale extreme offense to these attacl~s and strong exception to any suggestion that staff has been leading or guiding the Planning Commission or City Council to a particular outcome, fur goal has been to ensure that the Landfill has an opportunity to present its project and that the City Council has before it all of the information it needs to make a decision, In the case of the proposed ordinance amendments before the City Council at this time, staff recommends that the City Council approve the amendments if it believes that the current City Code requires that all components of a Solid Waste Facility, including the required buffer areas, be located within the Solid Waste Facilities District and that this should be reaffirmed by adopting ordinance amendments that specifically so state, Gp,~~~4~~s vz 4 CL~NL SPEL EII~ANI~UIV~ PRDFCSSIDNAL LIMITI•1D LIABILITY PARTNERSHIP SUITI•1 ] 200 200 SOUTH SIXTH STRILT MINNRAPOLIS, MINNCSDTA 5502 ~b12) 3'13-0830 FAx ~G12} 373-094 T0; Mayor and Members of the Elk River City Council C. Lori Johnson, Peter Beck, and Rebecca Haug FROZVI: John M. Baker, Greene Espel P.L,L.P. DATE; March 12, 2010 RE: Certain statements by Elk River Landfill's counsel in his 1~la~ch 9 2010 letter and attachments to the Planning Commission Our File No; 2043y0369 ERL's March 9, 2010 letter characterizes various positions that the Ci 's counsel took in tY the Landfill s suits before Judge Robert B. Varco challenging the Ci Council's denials of the Lan ' . tY dfill s appl~cat~ons ~n 2009. The arguments that the City's counsel made at the hearin s before J g udge Varco were consistent with the arguments that the City made in its written submissions to the court, while ERL's March 9 letter purports to describe the City's positions on certain issues the letter does not provide complete quotations of the actual arguments that the Cit has made and omits or ' Y misstates them context, Thrs memorandum is intended to let the Council see the full uotation ' q sand their context, to better evaluate the accuracy and credibility of the Landfill's ar uments. g A.. E 4s Ie~ter; ERL's March 9 letter states on page 2 that "Cit also ar ued at the Jan 2 Y g uary 29, 010 hearing that ERL's proposed lesser included 13~acre landfill ex ansion was not ro p p perly part of the ERL's March 30, 2009 CUPILicense amendment a lication because ERL nee pp ded to make a separate application for just the 13 acres," The pi's ~lings;ln a January 7, 201 o brief seeking summar 'ud ment in its favor i ' Y J g n its suit challenging the October 2009 denial of its CUP, the Landfill had ar ued that i ' " ' g t ~s entitled to its CUP and License amendments as it relates to the 13,4 acre oltion of the 73,4 acre M P SW landfill expansion which is within the existing 137.4 acre landfill ro e~•t ," ERL CUP o enin ' p P Y~ p g brief at 2). To this, the City responded on January 21 that "its Application for a CUP amendment di ' d not include a fallback request; it did not seek, for example, an amended CUP for an ex ansion to i ' p is solid waste fac~l~ty that would take place an 13.4 ac~•es of its own ro ert or that was limited ' p p Y~ to the boundaries of the existing SWF District and its own property," ~Cit CUP res once brief at 3 , T ' Y p } he City also argued, "Because the Landfill just requested an amended CUP for a unit ex ansion ene ' ~y p ompasszng an area where landf~lling could not lawfully take place, and did not in the alternative seek an amendment restricted to 13.4 areas of its existing property, this Court should not rants c g u h an amendment now. emphasis added}. B• E L's Ie~ter; ERL's March 9 letter states an pages 2-3 that, "if the amendments are ad opted by the Czty Council, then City will no longer be able to maintain as it did ear i ' l er, that ERL s requested 13-acre expansion within the existing 137,4Aacre landfill ro er could and s p ~ tY hould instead bepursued through either ~1} ERL's annual renewal rocess or 2 a ne p ~ } w 13 acre CUPILicense amendment appl~cat~on before City," hem basis added .l p ) The C1's filings; ~n its January 21, 2010, brief in opposition to ERL's motion for summ azy judgment, the City wrote; In the alternative, the Landf 11 claims that it is "entitled to its CUP and License amendments as it relates to the 13,4 acre ortion of the 73,4 acre M p Sw landfill expansion which is within the existing 137,4 acre ro ert ," ~ , Br. p p y i p at 2}, However, that argument does not describe an actual amendment that the Landfill requested the City to grant, but describes a fraction of the much lar er CUP g amendment that it requested and that was properly denied, That fallback ar ument is g all about where those 13.4 acres supposedly fall - on ro ert alread within h p p Y y to SwF dxstr~ct. However, a CUP is not just about "where," but is also about "what " and the only "what" described in the Application was a ro osed ex anded landfil pp p 1 that went well beyond the SV~F District and the Landfill's ro ert .The ide p p y a of granting an amended CUP for a fraction of a proposed expansion, when that proposed expansion presumed the availability of the SDA, is mis aided, The Landfill' ~ g s Application did not seek, ~n the alternative, such an amendment and the Landfill cannot ask this Court to compel its approval, Denial of a CUP amendment to landfill on the 109-acre SDA effectivel revents the Landfill fro ~ Y p m going forward with its design for an expanded landfill, even for that portion of the proposed expansion that is on ro ert the Landfill p p Y already owned and is already within the SwF district, The desi n of the L n ' g a dill s proposed expansion presumes that the Landfill does not need to use its existin g property for a southern slope to the Landfill and buffer area. To the contrar the Y~ ~ The Landfill's March 9 letter also attaches its ' amendment application, where ERL argues on page 317 that "the City even scoffed at the notion that `the Landfill trul believes that h y t e scope of its current CUP prevents it from using as part of a landfillin facilit art of i ' g y p is property ~n the area within the current SwF D~str~ct, and ~t suggests that the ERL `resolve that uncert i a my as part of , , . the ~pai~ties'~ process of discussing conditions for renewal of the Land ' X11 s current CUP and License,' But, when the ERL submitted just such a re uest as art of the renew ' . q p al process, the City determined that a separate CUPILicense amendment a Iication was re aired " pp q 2 design presumes that the southern slope of the landfill and buffer area wont d be located on the southern end of the SDA, and that southern end of the ro p perty the Landfill currently owns would be used for additional cells of waste de osite p d to a much greater height, See, e,g,, Record at 432, 435, 482, because denial of t } e expansion to the SSA, at a minimum, forces the Landfill's en ineers back to the g drawing board to develop a plan for lanfillin on the landfill's curr g ent property that does not include a high wall of waste enin aru tl at the existin r ~ 9 ~ p Y . g operty line, that portion o the Landfrll s ~not~on that ar ues ~n the alternative for an g order compelling the City to grant a CUP for 1~,2 ercent of ., p the proposed expansion ~s a disaster wa~t~ng to ha en, pp As noted above, the Landf 11 already has a CUP that allows it to use its current property as a solid waste facility, Baker Aff, Ex, L, Supplemental Record at 1476.} The City and the Landfill are already in the process of discussin conditi g ans for renewal of the Landfill's current CUP and License, If the Landfill trul ' y believes that the scope of its current CUP prevents it from usi~ as c~~'t n ~ lc~~cl all' .. g ~ .~ ,~ z~g fc~cll~~y part of its property in the area within the current SwF district the ' ~ t~ cc~~ resolve ghat ~~certc~i~~y as part of that process. However it cannot seek th outcome in at the first instance from this Court, as part of an ap eat from a denial of an a li ~ p pp canon for a much more grandiose expansion plan, (City CUP Response Brief at 10-11) (emphasis added). C. EL~s letter; ERL's March 9 letter argues on a e 3 that "notwithst ' ' p g and~ng its efforts to describe its proposed City Code amendments as a mere `reaffirm anon ' ' ~ ~ of its existing Czty Code requirements, these proposed amendments, if adopted, will instead underscore th ' e obvious -~ namely, that there is no requirement in the existing City Code either 1 for a Zoo-foo ~ } t setback for landfills or ~2}that the State-mandated 200-foot setback be within Cit 's SWF overla di " ' Y y strict. 0n this point, It states that "consistent with its February 2, ZO10 brief to Jud e VarCO Cit staffs 1 ~ ' ' . g y ettez Identifies no exlst~ng City Code setback requirement for landfills." em basis added , ~ p } The City's filings; fn its February 2, 2010 brief, the Cit ar ued; Y g A. So long as the City's CUP continues to include a buffer area requirement, the City's ordinance requires that buffer area to be maintained within the SwF district. Pursuant to City Code ~ 30-1$34 ~a} ~"SwF solid waste facillt overt y ay district"}, "Solid waste facilities shall not be permitted nor conditional u ' ses In any other zoning district," (Record at 2$6}, Thus, if a buffer is re uired as a c n ' ' q o dit~on of the CUP or license, and that buffer is part of a solid waste facillt 30-1834 . , Y~ § ~a) hand other prov~szons} require that it must be located within the boundaries of a SwF ' sold waste facility overlay district. 3 A required buffer area is pa~~t of a solid waste facility as defined by the Cit , Y Under City Code ~ 58-91: Solid waste facility means all property, real or personal, including negative and positive easements and water and air rights, which zs or may be needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this article, Solid waste facility includes, but is not limited to, transfer stations; sanitary landfills; solid waste pracessin ,.. g facll~tles, including resource recovery and waste reduction facilities; and waste burning facilities, including incinerators, boilers and other facilities far burning processed or unprocessed solid waste. City Code ~58~91 definition of "solid waste facility'} emphasis in brie , A buffer area imposed as a condition to the issuance of a CUP is "needed or useful for the" disposal of waste. As one court recognized when affirming a trial court's holdin tha h g t t e phrase "landfill facility" includes not just the active portion of a landfill but also its buffer areas, "the court's interpretation is a sensible construction of the term `landfill facility' because each part of the facility, including the active area monitoring wells, buffer zone, and wetlands, is necessary to the overall function of solid waste disposal." Y~eyerhaeuse~ v, Tacama~Pie~ce County Tlealth ~e t, 123 p} wash,App, 59, 6$, 96 P,3d 460, 465 ~V4~ash,App, Div. 2 2004}, See also IT Car , v. p Salano County Bd, of Supe~viso~s, l Cal,4th 81, l OQ n, l b, 820 P,2d 1023 1035 n,16 2 Cal,Rptr.2d 513, 525 n,16 Cal. 1991) noting that a hazardous waste facilit Y company "wisely makes no claim that the [buffera condition itself is `unreasonable "' and noting that "such setbacks, of course, are designed to provide a ban~ier a ainst the . g m~grat~on of contaminants to adjacent waters and lands zoned for incom atible p uses, "}, Zn short, the City Code requires that solid waste facilities must be located within a SwF district, and a buffer area that is required as a condition for landfillin g is properly considered part of a "solid waste facility" as the City Code defilaes that term, ~, SL's letter; ERL's March 9 letter states on page 3 that "0n December 17 2009 and a ain g on January 4, 2010, City plainly and unmistakably represented to Judge Varco that the artier' 2003 Hos ~ ` 4 p t Community Agreements language clearly refers to ex anslons , , , on the Landfill roe ' nvt to `expansions' onto Tiller's adjacent 108.8-acre southern develo ment area SDA ro ert ." . p ~ }p p Y ~emphas~s ~n letter}, 1t adds on page 4 that, "Because City has represented to Jud e Varco that the g parties 2003 Host Community Agreement's `language clearly refers to `ex ansions . , , on the Landfill ro ert ,' City staff s proposed amendments, if adopted, will constitute an e uall `clear' q Y breach of the agreement," emphasis in letter). The City's filings; At the relevant section of the City's proposed order discussin the Host g Community Agreement ~HCA}, the City proposed that the Court find as follows; 4 The Court further notes that the language in the CA does not su ort the Ap Landillds argun~entthat the panics contractually `anticipated' that the Landfill would expand beyond its property boundary as of Zoo3. The parties do not dispute that, when they entered into the A, the Landfill had not et y expanded to utilize all of the land on its existing site for which it had the requisite permits and licenses, Furthermore, the contract`s langua a clean y refers to "expansions and new uses on the Landfill property," PetJ~om 1. Ex, ~ p Z~, Seet~on ~,ob emphasis added}.} The parties do not dispute that the Landfill does not own the property onto which it wishes to expand, Finall ,and erha s most Y p p importantly, the parties executed the HCA before the Cit created its latest . Y Comprehensive Plan ~n 200, Since the Comprehensive Plan came into effect in 2004, any entity that wishes to operate a landfill on land that the Cit Council has not ` ~, Y already guided as Landf 11 in the 2004 Comprehensive Pian must a I for a .. pp Y reguid~ng and rezonzng, City's Proposed order at pp, 2627} emphasis added}, L. FL's letter: The Landfill's March 9 letter also attaches its amendment a licatian where pp ERL argues on page 3-17 that "the City previously represented that it would be `ina ro riate for . pP p ~ the City to consider the ERL s request for an expansion an this a roximatel 13 aces witho t pp y u the full expansion onto the 108, 8Mac~e SDA property," emphasis added , The pity's representation: As ERL confirmed when making a similar ar ument in its briefs g , its assertion refers to a paragraph in an nctober 22, 2002, staff re ort to the Plannin Commis ' p g soon, authored by Stephen Rohlf, who was then the City Building and Zonin Administrator. That st f g of report addressed an appl~cat~on by Tiller to change the min~ng setback on the Landfill's ro ert from 200 feet to 50 p p y feet, in the paragraph that the Landfill purports to describe, Cit staff wrote; Y Staff believes that it is inappropriate to consider the current re uest in context with q a future expansion at Landfill prior to the actual request bein made, Minin is g g only one component of an expansion, whzch should be reviewed at the same time as the other details, Although this discrepancy does not arise from any representation made b us as the Cit 's o ' y y uts~de counsel in the pending matters, we include it because at the Januar 29, 2010 hearin before Jud e y g g Marco, we had shown Mr, Perry and the Court blown up versions of 1 the actual uote in the 20 ~ } q 02 memorandum and ~2}the description of that sentence that appeared in one of the Landfill's briefs, That occurred several weeks before the Landfill's Februar 2010 CUP amendment a li ' . Y pp canon repeated the mxscharacter~zat~on, Vested Rights Law in Minnesota John M. Baker Greene Espel P.L.L.P. 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 (612)373-0830 JBaker@greeneespel. com Last updated: February 6, 2010 X. .As a general m tt~r, a za~nireg application may be a £~cted by e~anges in haws that were adopted after the ~ licati~ was fi~~ . A. "No individual can acquire a vested right to a particular zoning scheme." Wedenaeye~ v. City of Minneapolis, 540 N.W.2d 539, 542 (Minn. Ct. App. 1995). 1. Tn Wedemeyer, the court criticized the property owners' suggestion that a city must formally pass an ordinance amending its zoning plan before freezing a permit application, noting that "Under that system, a city would need to anticipate all future, and possibly harmful, uses for property an enact formal ordinances before any applications were submitted or else it would be effectively estopped from rejecting or even delaying those applications." Id. 2. Like other systems, local zoning laws often must be in a constant state of flux. a. Rules adopted based on one set of assumptions and factual premises often must change when those assumptions and factual premises change. (i) As Austrian philosopher Kurd Giidel recognized in his Incompleteness Theorem, every complex system ox set of rules, no matter how thorough or valid, will produce at its outer boundaries paradoxes that cannot be adequately handled by the system. Tn that respect, all valid systems of rules are inherently incomplete. That is, there axe problems for which a solution exists but cannot be found by use of the system. See Kurt Godel, On Formally Undecidable Propositions (1962) (translation of original paper in Manatshefte fug Mathematik and Physik, 38 at 173-19$ (1931)). B. In Minnesota, submission of an application for a permit or land use change generally does not constrain the government's ability to modify the laws governing a proposed development. l , As the lU~innesota ~upren~e Court noted in ~4l~nq~cist v. "own of .~a~s~an, the rude in mast ~urisdictians "permits the retroactive 1 application of a zoning regulation to deny a building permit for which application was made prior to the effective date of the new ordinance." 308 Minn. S2, 65, 24S N.W.2d 819, 826 (1976). "In applying the rule, however, consideration is given to whether or not the landowner has substantially changed his position in reliance on the existing ordinance and to whether or not the municipality has acted in food faith or has discriminated against a particular property owner." 2. When a city properly adopts an ordinance with an application pending, and there is a clearly expressed legislative intention that the amendment should have retroactive application, the pendency of the application does not give the applicant a right to have the city ignore the amendment when making its decision. a. See Property Research & Dev. Co. v. City of Eagan, 289 N.W.2d 157 (Minn. 1980) (amendment to zoning ordinance made after a property owner sought approval of a preliminary plat for the construction of single-family dwellings which precluded the property owner's proposed use, was not subject to a mandamus action compelling approval of the application, even assuming that the city improperly denied approval of the plat); Rose Cliff Landscape Nu~sery~v. Rosemount, 467 N.W.2d 641 (Minn. Ct. App.1991) (landowner lost whatever right it may have had to approval of its building permit application and site plan when zoning ordinance was amended to preclude the proposed use; landowner could not obtain order to compel czty to approve application for building permit and site plan when change in zoning subsequent to the application precluded use contemplated in the application, despite finding that refusal to issue the permit was arbitrary and capricious). b. In both Property Research and Rose Criff Landscape Nu~se~y, the court determined that whatever rights the property owners had were lost when the city council amended the respective ordinances. The Minnesota Supreme Court specifically concluded that "the property 2 owner had no vested right in zoning. ." Property Research, 467 N.W.2d at 643. C. As the Minnesota Court of Appeals recognized in Concept Properties, LLP v. City of Minnetrista, 694 N.W.2d 804, 820 (Minn. Ct. App. 2045), "[t]he purchase of property or acquisition of a building permit tails to create a vested right in development. [citation omitted]. Likewise, neither a municipality's preliminary approval of a project nor a determination that a development plan would be consistent with applicable land-use regulations will create a vested right. [citation omitted.] And most notably, payment of an assessment for construction of a sewer system does not create a vested right in a land use that contravenes municipal land-use regulations. [citation omitted]." 'T'here, the Court of Appeals rejected a claim that a sewer assessment gave the property owner a vested right to have its property included in the MLTSA and connected to the sewer system, reasoning that "the sewer assessment created, at most, an expectation that the property owner would be able to connect to the sewer and develop the property in the next IO to 20 years. An expectation to develop the property does not create a vested right to do so." Id. D. o when ~Z~ a vested ~°~.ht to a cat~nat~on o tie c,isti ~onir~ arse? 1. "[The doctrine of vested rights exists to protect developers from changes in zoning laws aimed at frustrating development." Yeh v. County of Cass, 696 N.W.2d 115, 132 (Minn. Ct. App. 2005). "In avested-rights analysis, courts ask whether a developer has progressed suff ciently with construction or otherwise to acquire a vested right in completing the project under the prior land-use regulations.' Halla Nursery v. City o Chanhassen, 763 N.W. 2d 42, 48-49 (Minn. Ct. App. 2009), rev. granted, decision pending. Nevertheless, there are vezy limited circumstances in which Minnesota courts will recognize that a right has "vested" in a manner that truly protects developers from changes in zoning laws aimed at frustrating development, 2. Whin a pe~° it is granted ~ d subs~~ntial ~~ struct~c~a~ follows: Minnesota will recognize a vested right to be free from more stringent land use regulations only after the property 3 owner has procured a lawfully issued permit and has commenced substantial construction in reliance upon the permit. a. For example, in Ridgewood Development Co. v. State, 294 N.W.2d 288, 294 (Minn. 1980), the plaintiff spent $250,000 preparing for construction before the law governing its proposed development became more burdensome, and asserted a vested right to be governed by preexisting law. Because the plaintiff had obtained no building permit and had not yet begun constz-uction, no right had vested. Indeed, the Supreme Court stated that "the mere possession of a building permit, the incurring of some expense and the assumption of obligations preliminary to construction, such as excavation, create no vested right." Id. Accordingly, the state could amend its laws and impose greater burdens upon the property owner. Accord We~mayeN v. Cormorant Township, 716 F.2d 1211, 1215 (8th Cir, 1983). b. In Hawkinson v. County of Itasca, Minn., 231 N.W.2d 279 (Minn. 1975), the developer spent $80,000 (in 1975 dollars), plus time worth an additional $20,000, improving his land for commercial purposes in a project which was intended to cost $275,000. The Supreme Court concluded that "the expenses plaintiff incurred by way of preparation did not result in prejudice so substantial as to permit him to complete the project" as a nonconforming use under a new ordinance which zoned the property residential. Id. at 284. c. In Almquist, the fact that the developer had incurred expenses surveying the property, plus considerable time and energy pursuing the development plan for six months, was not sufficient to give rise to a vested right to have his request for a special use permit governed by the law then in place. Almquist, 308 Minn. at 70, 245 N.W.2d at 828. d. However, the Court of Appeals has ruled that this doctrine can never enable a developer to protect its investment in a use that it knew was unlawful at all relevant times. In Halla Nu~se~y, the Court of Appeals reversed a district court that had prevented the city from enforcing a law against a sign for the reason that "respondents `so substantially completed the financial investment and the physical construction ... to obtain vested rights."' 763 N.W.2d at 49. The Court of Appeals reasoned that "The vested-rights doctrine protects developers from changes in zoning laws.... Tha record established that respondents were aware of the judgment and were aware that they were violating the judgment with their first sign. The permit was erroneously issued, but respondents knew that they were requesting a permit for something that the judgment prohibited and respondents are held accountable for attempting to purposely violate the judgment. We conclude that the district court erroneously applied the doctrine of vested rights." Id. a. The Minnesota Supreme Court refused to give effect to a later amendment to a county ordinance, when that ordinance amendment was adopted after (1) the local zoning authority made inadequate findings prior to denying the application, which required the court to send the case back to the zoning authority to make findings, (2) prior to making those findings, the local zoning authority amended the zoning ordinance to impose additional setback requirements an projects like the plaintiff's, (3) the only stated reason for the amendment was the pending request, and (4) the zoning authority then denied the request (which wiled to meet the new setback requirements). Interstate Power Company, Inc. v. Nobles County Bd. of Commis, 617 N.W.2d 566, 577 (Minn. 2000). In so ruling, the Supreme Court noted that local zoning authorities do not have "carte blanche to arbitrarily block otherwise lawfiil development by the passage of a new zoning law." 1'd. at 576. (i) However, the Supreme Court limited its holding by noting that "it is not just any litigation or any legislation that we address, Rather, it is only litigation in the unusual posture of a remand limited [to making additional findings because the first set were inadequate to permit judicial review], and it is only legislative action for which the only expressed purpose is to affect that limited remand." 1'd. at 579 n.8. b. The same principle was applied by the Minnesota Court of Appeals even when there was no court remand, where a city gave no explanation for its enactment of the new ordinance, and it acknowledged that its sole purpose was to defeat the plaintiff's permit. Northern States Power Co. v. City of Mendota Heights, 646 N.W.2d 919, 927 (Minn. Ct. App. 2002). c. However, there are limits to this doctrine. Zn In ~e .~~isu~e~'im~ Lanai Co,, 200 ~ 15~9~ ~1Vrinn. fit, A.pp, ~002~, the court of Appeals found the applicant's reliance on Inter~stat~ Po~ve~ "misplaced," noting that "the county did not attempt to amend an ordinance in order to rescind approval of a previously approved project," The ~aurt limited the holding of Intestate Paw~r to the "particular circumstances" o~'that case, That balding is that a local zoning authority "could nat, when directed on remand to e~.plai~a its rationale ~'or imposing certain conditions on a conditional use permit, amend a zoning ordinance and deny the permit altogether on the basis afthe newly enacted ordinance." rd, at ~~, I. A re~a~e rncxlee e i ~e s~tary or o a locaX zonin~ athor~ to ose a ~tse a orator an rer ec~sons rear in a pica~onso A. The power of cities to impose a moratorium temporarily halting decisions regarding particular kinds of development was once implied from cities' broader powers to plan, Almquist, 245 N.W.2d at 825-26. 1. The Legislature, which had prev~ausly provided explicit statutory authority to counties abut not cities} to adopt moratoria, then became involved in the proccss, adopting Minn, Stat. ~ 4G~.3 5 5, subd, 4, and then amending it, most recently in the Zo~4 legislative session. 2. First the Minnesota Court of Appeals, and later the U.~. Supreme Court, found that moratoria do not result in a categorical taking of property without just compensation, simply because there is a pexiod in which the property may not be put to reasonable economic use. Woodbury Place Partners v. City of Woodbury, 492 N.W.2d 2S8 (Minn. Ct. App. 1992), rev. denied (Minn. Jan, 15, 1993). "Delaying the sale or development of property during the governmental decision- making process may cause fluctuations in value that, absent extraordinary delay, are incidents of ownership rather than compensable takings," Id, See also Tahoe-Sierra Preservation Council, Inc., v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002) (a temporary moratorium did not automatically constitute a taking). 3. As the Court of Appeals has recognized, "Policy concerns weigh heavily in favor of permitting municipalities to enact interim stays on conditional use permit applications." Wedemeyer~, 540 N.W.2d at 542. "Under the general police powers, municipalities may enact a moratorium on development as long as it is of limited duration and appropriate studies or zoning ordinances are expeditiously adapted." Id. More recently, in Pawn America v. City of St. Louis Park, the Court of Appeals held that "A moratorium falls within a city's general police powers if it is limited in duration, appropriate studies are conducted, and zoning ordinances are expeditiously adopted." (emphasis added). 7 4. In YYedemeyet~, "the freeze applied for a brief period of time while the city council held hearings and considered a moratorium ordinance." Id. the "brief period of time" referred to by the Caurt of Appeals was "only eleven weeks[.]" Id. a. In Wedemeye~, the appellant applied for a conditional use permit to operate a pawn shop on a vacant store site which he had leased. A couple days later, a city council member asked the city attorney to draft a moratorium ordinance on permits, licenses, and other approvals necessary to operate pawnshops in this particular district. A proposed moratorium ordinance was read at the city council meeting later that day and the council referred the matter to the zoning and planning committee for public hearings. Meanwhile, the processing of appellant's conditional use permit application was frozen in accordance with the Minneapolis Code of Ordinances § 534.470(c)(1)(1990). Appellant applied for a waiver from the processing freeze. A public hearing was held, the committee endorsed the proposed moratorium, and the city council adopted the moratorium ordinance. Appellant's waiver application was denied. 5. In Pawn AmeNica, the Court of Appeals rejected the argument that "because city employees had advised that there were no application deficiencies, .. the city council's later adoption of the interim ordinance was discriminatory." It noted that "the fact that a city employee says "[e]verything looks great ...," does not prevent the city council from exercising its police powers to preserve the status quo and conduct a planning study." a. The Court ultimately held that "Given that the interim ordinance was enacted for further study and planning purposes, that the city engaged ~n planning, and that the moratorium and study were initiated to address public safety and welfare, we conclude that the interim ordinance was valid." ~. ~~ory ~~~las an a cry's o~wer a ~ pose oraar~na; a. ~n its original farm., ll~inn, tat, ~ 462.3 ~ 5, subd. 4, imposed several important limits an the power of a city to impose a moratorium, They included: (i) The city must be "conducting studies" or "have authorized a study to be conducted" for the puzpose of adapting ox amending its comprehensive guide plan or official controls, or if new territory outside its zoning laws has been annexed. The Court of Appeals' decision in Pawn Amerzca holds that a city can authorize a moratorium at the same time that it authorizes the study. That is one of the questions for which the Supreme Court has granted review. (ii) Its period must not exceed one year from the date it is effective (although, before August 2004, it could be extended by the city in all circumstances for an additional period not to exceed 1 ~ months). (iii) Its purpose must be to "protect[] the planning process and the health, safety and welfare of its citizens." (iv) It could not alter, delay or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance. b. In 2004 the Legislature amended this subdivision, although not to the degree requested by a coalition of development interests. See Chapter ZS8 Minn. Laws 2004, § 1. The 2004 amendments had the following effect: (i) Extensions are only available in four limited circumstances: where (1) less than 30 days before the moratorium is set to expire, a federal, state ox metropolitan agency whose approval is required by law has not yet completed its review or approval; (2) less than 30 days before the moratorium is set 9 to expire, any other process is required by state statute, federal law ar a court order, and has not been completed; (3) the municipality had not yet adopted a comprehensive guide plan at the time that it adopted the moratorium; or (4) before the effective date of the 2004 amendments, MnDOT had requested the city to review its airport master plan, and the moratorium concerns an area affected by that master plan. (ii) The maximum duration of the extension depends on which of the four circumstances is present. 'The first two circumstances permit an extension of up to 120 days following receipt of the long-awaited decision of the other agency. The third circumstance permits an extension of up to an additional one year, The fourth circumstance permits an extension of up to 18 months. viii} An interim ard.inance naay not extend the tzme ~.eadline for agency action set forth in Sinn. tat. § 15 , 99, Minnesota's automatic approval statute, with respect to any application filed prior to the effeCt~ Y W Lime of th~J ~nte.Ll~n orC~~nan~/er An addi~ioa~ cort~~rnose ~~~ a a n~o~°a~or~~ :The ~d~c~l -~e~v~ce~ v. av~~e decision. a. The Minnesota Court of Appeals' stated in Medical Services, Inc. v. City of Savage, x-87 N.W.2d 263, 267 (Minn. Ct. App. 1992) that "[a] municipality may nor arbitrarily enact an interim moratorium ordinance to delay or prevent a single project." (emphasis added). (i) Where the government's sole purpose in enacting a measure was to prevent a particular project, the measure was invalid. See e.g. Offen v. County Council for Prince George's County, 62S A.2d 424 (Md. App. 1993), rev'd, 639 A.2d 1070 (1994} (citing Medical Services) (evidence was sufficient to support a finding of "zoning estoppel" where the ~~ County acted with the "sole purpose" of preventing Offen from staring construction until the comprehensive rezoning could be enacted); Hollywood Beach Hotel Co. v. Czty of Hollywood, 329 So.2d 10, 16-17 (Fla. 1976) (sole purpose of city's arbitrary and lengthy delay was to undercut the economic feasibility of afive-million-dollar development project). b. However, a moratorium passed in response to, but not for the sole purpose of delaying, a single project is not necessarily invalid or in bad faith. For example, in TPW, Inc. v. City of New Hope, 388 N.W.2d 390 (Minn. Ct. App. 196), the Court of Appeals held that the city's moratorium on new development--enacted only a couple weeks after plaintiff applied for a conditional use permit to construct afast-food restauz~ant--was valid and was not solely for the purpose of blocking construction of this particular restaurant. (i) In TPYV, even though the city took action based on a proposal for a specific development and the record did not support all of the city's concerns about the project, the court nevertheless decided the council's actions were not solely a subterfuge to block the fast-food restaurant. Rather, it stated that "[a] moratorium ordinance is a valuable tool to keep open a municipality's planning options." Id. at 394 (citing Almquist); see also Relay Improvement Association, v. Sycamore Realty Ca., Inc., 661 A.2d 182 (Md. Ct. Spec. App. 1995) (to find that the local government acted in an arbitrary and unreasonable manner, the factfinder must conclude that the government officials were deliberately calculated to deny a property owner his right to use this land in a currently lawful manner; naked intent to delay development is not suff cient) (citing Medical Services and Almquast). c. The Minnesota Court of Appeals has restricted the scope of the Medical Servzces decision to its facts, and has I~ upheld moratoria even if they only affect a single proposed project. (i) See Duncanson v. Bd, of Supe~visor~s of Danville Twp., SS1 N.W.2d 248, 251 (Minn. Ct. App. 1996) ("While it is true that the Duncansons' proposed feedlot was the only project known to be affected by the Danville Moratorium, Medical Services is readily distinguishable on other grounds"). (ii) In Ne Leisu~etime Land Co., 2002 WL 15795 at *2 (Minn. Ct, App. 2002) ("If a moratorium is not found to be arbitrary or discriminatory, it may be upheld even though the proposed project is the only one affected by the moratorium," (citing Duncanson)) (unpublished). d. In determining whether a freeze on applications is arbitrary, the Minnesota Court of Appeals has more recently focused on the value of preserving the status quo pending further study of comprehensive zoning plans. See Wedemeyer, 540 N. W.2d at 543. Borrowing the standards for arbitrariness from zoning law, the Court of Appeals in Wedemeyer required the applicant to show that none of the rationales for the decision is reasonably related to the promotion of the public health, safety, or general welfare of the community. e. The Court of Appeals' majority opinion in Pawn ~me~ica is consistent with this string of decisions. fudge ~tauber, in dissent, argued that the City's actions were indistinguishable from those in ~edicaZ Services, but the majority found the case "distinguishable" for the fallowing reasons; (i) "Unlike Med. Servs., the city did not know of appellant's plans far in advance. Even though appellant had interacted with various city employees, the city council was not aware of the proposed pawnshop until September. 12 (ii) "After learning of appellant's application, the city immediately enacted an interim ordinance and commenced a study to determine whether additional regulations should be placed on pawnshops located in the city. (iii) "Review of the council meeting minutes reveals that a number of city residents objected to appellant's application. But the minutes also identify general concerns regarding the use and placement of pawnshops, including: limitations on the sale of guns and other items in pawnshops, the location of pawnshops in proximity to polios stations, hours of business, and the impact on adjacent residential areas of pawnshops that offer check-cashing services and other adult-oriented businesses. (iv) "The city council ultimately placed the moratorium not just on the property, but on the entire city so that a study could be conducted. (v) "Unlike the City of Savage in Med. Servs., the city promptly followed through with the study process and ultimately amended its permanent zoning ordinance based on the study's recommendations. And the interim ordinance was limited in duxation; only in effect for four months." ~I~ The ~ter~y c~ween ~nesa~a~s aaazc appro~a~ sa~~~e, ~c oraor~u s~~e~ and c poe~° of ova o~ere~t a ~rnn Zo~~n ~a~vs with aicai®~as p~~in A. One might wonder, in light of a city's relatively broad authority under Property Research and Rose Cliff to amend ordinances and then apply them to pending ordinances, whether a city really needs to adopt a moratorium in the first place. 1. In theory, a city could often skip the step of a moratorium (and its additional burdens and regulations), and respond I3 immediately to an application for an unforeseen abuse of its zoning laws by simply changing the law. 2. While there may be limits under Interstate Power on the authority of cities to change the law for the sole reason of positioning itself to deny a particular permit application, the Medical Services decision demonstrates that those limitations do not go away through the adoption o£ a moratorium, but perhaps exist to an even greater degree. ~, A.t least two important reasons exist for m.aratoria, notwithstanding these sweeping powers; 1. First, from a planning point of view, a moratorium is often precisely what the city needs, because the accompanying study will better inform the process of reconsidering and revising its laws. a. Cities often adopt moratoria precisely because theix objectives extend beyond blocking a particular project. 2. Second, a moratorium is often needed to provide a legal foundation for a city to deny an application prior to the expiration of the mandatory deadlines for action under Minnesota's "automatic approval" statute, Minn. Stat. § 15.99. a. If a moratorium is already in effect before an application is filed, there's no serious question that the application can be denied based on the moratorium, so long as it is denied within 6Q days (or 120 days if the city has exercised its option to extend the deadline under Minn. Stat. § 15.99). (i) A district court judge in Ramsey County has drawn a distinction between refraining ruling on an application because of a moratorium, and denying an application because of a moratorium. The first results in automatic approval under § 15.99, but the second does not. DeLite Outdoor Advertising, 1'nc, v. City of St. Paul, Ramsey County District Ct. File No. C6-O1-824 (Minn. Dist Ct. Feb. 5, 2002). 1~ b. Even if the application predated the effective date of the moratorium, one could argue that a city still may deny the application based on the moratorium, notwithstanding the 2004 amendment to Minn. Stat. § 462.357 subd. 4 (purporting to forbid an interim ordinance from "extend[ing] the time deadline for agency action set forth in section 15.99 with respect to any application filed prior to the effective date of the interim ordinance.") (i) There is a difference between an ordinance that purports to extend the deadline for agency action (an action that is referenced in the 2004 amendment), and an agency that relies upon the existence of a moratorium as the basis fox denying a particular application (an action which is not referenced in the 2004 amendment). IV. When 4 ~~ law ehanges afte~° some but nod X11 land-use appimcations have been granted, the local governanent's authority may be further ~°estricted. A. If preliminary plat approval has been given (and a development agreement has been entered into with the developer), but "regime change" occurs in a manner that prompts the newly elected council to usa the final-plat-approval requirement to effectively negate the effect of the prior council's decisions, the later denial is likely unlawful. Semler Construction v. City of Hanover, 667 N.W.2d 457 (Minn. Ct. App. 2003}, 1. As the Court of Appeals noted in Semler', "After the city grants approval of a preliminary plat, the statute allows the applicant to seek final approval. Minn.Stat. § 462,358, subd. 3b. If the applicant has complied with the conditions and requirements set out in the preliminary approval, the municipality must grant final approval within 60 days. Id. If the municipality fails to act, the application will nonetheless be deemed approved. Id. Thus, the statute places primary emphasis on the preliminary plat approval; once the conditions and requirements therein are satisfied, the plat mechanically receives final approval. See id." Semler, 667 N.W.2d at 462-63. ~5 B. An interesting question, unresolved in Minnesota, exists about whether a party that holds a conditional use permit but has not begun construction is insulated from the kind of changes in zoning laws that could restrict a permitted use. 1. On the one hand, the word "permit" implies that its holder has some kind of entitlement to operate according to its terms. See City of North Miami v. Margulies, 289 So.2d 424, 426 (Fla. Dist. Ct. App. 1974) ("The record in the cause sub judice demonstrates that the plaintiff had incurred extensive financial obligations and expense, all in reliance upon the rezoning of his property as R,P.U.D, and the issuance of a conditional usa permit. The record supports the trial courC's conclusion that it would be inequitable to deny plaintiff a building permit."). 2. However, the concept of a conditional use permit is arguably a misnomer. a. The function of the CUP is not to create a greater entitlement for the property owner than would exist if its use were a permitted use, but to impose additional restrictions and burdens on the use that would not exist if the use were a permitted one. b. One treatise has noted that it is "the minority view" that rights vest upon the issuance of a CUP or special use permit. John J. Delaney, Stanley Abrams, Frank 5chnidman, LAND USE PRACTICE AND FORMS: HANDLING THE LAND USE CASE § 35:4 (2003, 3. One court has found that the holder of a conditional use permit is not insulated from subsequent changes in the law that might also affect permitted uses. Elam v. Albers, 44 Colo. App. 281, 616 P.2d 168 (Colo. Ct. App. 1980). it held that "the issuance of a conditional use permit creates no greater right in property owners than they would have possessed had they desired to develop in conformance with any other use permitted within the zone." 44 Calo, App, at 282, 616 P.2d at 169. "Here, because the zoning regulations covering the land involved were changed, and now proscribe the use of the land as a mobile home subdivision, and because no steps were taken prior to the ~6 change in zoning to develop the land for such purposes, the owners cannot assert that they have a vested right to a `non- conforming' use of the land for a mobile home subdivision." 44 Colo. App. at 283, 616 P.2d at 170. 4. Virginia courts would focus not on whether a special use permit was issued, but whether the permittee then filed and pursued approval of a site plan. "We hold that where, as here, a special use permit has been granted under a zoning classification, a bona fide site plan has thereafter been filed and diligently pursued, and substantial expense has been incurred in good faith before a change in zoning, the permittee then has a vested right to the land use described in the use permit and he cannot be deprived of such use by subsequent legislation." Bd. of Supervisors of Fairfax Co. v. Medical Structut~es, Inc., 192 S.E.2d 799, 801 (Va. 1972). 17 Ordinance No.1 Od CITY GF ELK RISER An rdinance of the City of ilk River amending Chapters 3o and 55 of the Elk fiver, innesota, City Code to Reaffirm that equired Buffer Areas and Buffer Zones for Solid waste Facilities Dust be Located within the solid waste Facilitics overlay Zoning district, FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid waste Facilities Ordinance ~S~VF Ordinance} was initially adopted in 19$6, 2. Since adoption of the S~VF Ordinance in 1956, Solid waste Facilities, including sanitary landfills, have been required to be located within the Cit 's Solid .,. y waste Facilities Overlay Zoning District. 3. The Elk River Landfill ~Landtill} was rezoned to the Solid waste Facilities Overlay Zoning District in 1956, and a conditional use permit SCUP for the ... ) Landfill was ~nit~ally approved in 1988, 4. Since 1958, the CUP for the Landfill has been renewed and amended 10 times, 5, Paragraph 3 of the CUP requires that a Buffer Zane be established within the perimeter of the Landf 11 Property around the waste disposal areas of not less than 200 feet, except on the North side, within this Buffer Zone, no waste disposal may occur, 6. Minnesota Rules, Part 7035.2515, subp. Sic}, also provides that any new fill area at a Iand disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Landfill, through all of the renewals and amendments, it has been understood that the 200-foot Buffer Zone provided for in the CUP has been required to be located on Landfill property, as re wired q by Minnesota Rules, and w~th~n the Solid Vdaste Facilities overlay Zoning District. 5. The 200-foot Buffer Zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facilities Overlay Zoning District. This Buffer Zone is used exclusively for Landfill ur oses p p such as screening, service roads and other infrastructure. It is not available for development for any other use. 9. Allowing areas zoned and designated in the City's Comprehensive Plan for uses other than Solid waste Facilities to be used to satisfy the Buffer Zone requirement for a Solid waste Facility would be inconsistent with the Cit 's . y Comprehensive Guide Plan because designating those areas as buffer zones prevents their development for uses consistent with a Comprehensive Plan, 10. The City has not allowed other types of setback requirements to be satisfied by acquiring interests in adjoining property that is located in a different zonin g district, so as to a11ow development up to the zoning and propert lines. Not allowin Y g such an approach results in a more consistent application of plannin and zonin g g pr~nc~ples throughout the City, 11, Since it's adoption in 1956, the SwF Ordinance, now incorporated in Chapters 30 and 55 of the Elk River City Code, has included a definition of Solid Waste Facilities which defines Solid waste Facilities as "all property, real or ersonal , , , . p needed or useful for the processing or disposal of sold waste . , , ," 12, This definition of Solid Waste Facilities has always been inter retell to p include all components necessary for the operation of a Solid waste Facilit includin ys ~ required buffer areas and buffer zones, except facilities ar equipment which must b ~y necessity, be located off site, such as wells required to monitor a Facilit 's off site y impact on groundwater. 13. Therefore, the City Council finds that the definition of Solid Waste Facility in Chapters 30 and 58 of the Elk River City Code does, and alwa s has, included , Y required buffer areas and buffer zones and that, therefore, required buffer areas and buffer zones are required by the current City Code to be located within the Solid Waste Facilities Overlay Zoning District, 14, Notwithstanding the language of the City Code requiring that all ro ert p p y needed or useful for the processing or disposal of solid waste be located within the Solid waste Facilities Overlay Zoning District, and its 2Z-yeaz° history of com 1 in with this pY g requirement, Elk River Landfill, in a letter to City Staff dated January 2 S, 2010 and in subsequent pleadings and arguments made to the Sherburne Count District Court is . Y , taking the position that the City's SwF Ordinance is ambiguous and that re uired buffer q areas or buffer zones are not required to be located within the Solid Waste Facilities Overlay Zoning District. 15, In light of this new position by the Landfill, the City Council finds it appropriate to reaffirm the intent of the SWF Ordinance that all com onents of a Solid Wat '' p s e Facility be located w~thxn the Solid Waste Facilities Overlay Zonin District g including buffer areas and buffer zones, by adopting appropriate amendments to Cha tern 30 and 55of h p t e Elk River City Code, 2 ORDINANCE THEREFORE, the City Council of the City of Ells River does hereby ordain as follows: Section ~. That Sections 30-1 and 58-91 of the Elk River City Code shall be amended by revising the first sentence in the definition of "Solid waste Facility" to read as follows; Solid waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or may be required, needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this Code, Section 2, That Section 30-134 of the Elk River City Code, entitled SwF "Solid Waste Facility Overlay District," shall be amended by adding new subsection fie} thereto, which shall read as follows: fie} Solid waste Facilities restricted to SwF -- Solid waste Facilities Overlay District. No Solid waste Facility, including any portion of a Solid waste Facility, any easements, water ar air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for the establishment andlor operation of the Solid waste Facility, shall be located or operated in the City except in those areas of the City located within the SWF -~ Solid waste Facilities overlay Zoning District. Section 3, That Section Soo-100 fib} of the Elk River City Code, entitled "Location of Solid waste Facilities," shall be amended to read as follows; fib} Location of Solid waste Facilities. Na Solid waste Facility, including any portion of a Solid waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for the establishment andlor operation of the Solid waste Facility, shall be located or operated in the City except in those areas of the City located within the SwF -- Solid waste Facilities Overlay Zoning District. Section 4. That Sectian 55-171 of the Elk River City Code, entitled "Prohibited Areas," shall be amended by adding new subsection ~S}thereto, which shall read as follows; ~S} X00 feet from the nearest property which is not located within the SWF -Solid Waste Facilities Overlay Zoning District, Section 5, That this Ordinance shall take effect upon publication as provided by law. 3 Passed and adopted by the City Council of the City of Elk River on March 15, 210. By; CITY F ELI .YE Stephanie Klinzing Its: Mayor By: Tina Allard Its: City Clerk GP;2734899 v3 4 ~,• ~1 ~~~~~ . ~~~ , ,~~{~~~, ~ ~ ~ ~ rye ~~~ ~ ~'~~~~~i~ ~ ~~~ aC~,~~~~ i7 S n ~ ~~ ~~ Ordinance No, 10- ~ ~ CITY DF ELK RIVER A.n rdinance of the City of ~I fiver amending Chapters 3o and 5~ o the Ei diver, Minnesota, City Code to eaffirm that B.euired Buffer Areas and Buffer Zones for ~oii waste FaciXities Must be located within the solid waste aciiities overlay Zoning xstrict. FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1, The City of Elk River Solid waste Facilities Ordinance SwF Grdinance} was initially adopted in 1956, 2, Since adoption of the SwF Grdinance in 1986, Solid waste Facilities, including sanitary landfills, have been required to be located within the City's Solid waste Facilities overlay Zoning District, 3, The Elk River Landfill Landfill} was rezoned to the Solid waste Facilities Overlay Zoning District in 1986, and a conditional use permit SCUP} for the Landfill was initially approved in 1985, 4, Since 1958, the CUP far the Landfill has been renewed and amended 10 times, 5, Paragraph 3 of the CUP requires that a Buffer Zone be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the North side, within this Buffer Zone, no waste disposal may occur, 6. Minnesota Rules, Part 7035,2815, subp, Sic}, also provides that any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA, 7, Beginning with approval of the original CUP for the Landfill, through all of the renewals and amendments, it has been understood that the 200~foot Buffer Zone provided for in the CUP has been required to be located on Landfill property, as required by Minnesota Rules, and within the Solid waste Facilities Overlay Zoning District. S, The 200~foot Buffer Zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facilities overlay Zoning District. This Buffer Zone is used exclusively for Landfill purposes, such as screening, service roads and other infrastructure, It is not available for development far any other use, 9, Allowing areas zoned and designated in the City's Comprehensive Plan for uses other than Solid waste Facilities to be used to satisfy the Buffer Zone requirement for a Solid waste Facility would be inconsistent with the Cit 's Y Comprehensive Guide Plan because designating those areas as buffer zones im airs or p prevents their development for uses consistent with a Comprehensive Plan, 10. The City has not allowed other types of setback requirements to be satisfied by acquiring interests in adjoining property that is located in a different zonin dis ri ~ g t ct, so as to allow development up to the zoning and property lines. Not allowing such an approach results in a more consistent application of plannin and zonin . g g pr~nc~ples throughout the City. 11, Since it's adoption in 198, the SwF Ordinance, now incorporated in Chapters 30 and 58 of the Elk River City Cade, has included a definition of Solid waste Facilities which defines Solid waste Facilities as "all property, real ar ersonal .. . p needed or useful for the processing or disposal of solid waste , , . ," 12. This definition of Solid waste Facilities has always been inter rated to P include all components necessary for the operation of a Solid waste Facilit includin y~ g required buffer areas and buffer zones, except facilities or equipment which must b ~Y necessity, be located off site, such as wells required to monitor a Facilit 's off~site Y impact on groundwater, 13. Therefore, the City Council finds that the definition of Solid waste Facility in Chapters 30 and 58 of the Elk River City Code does, and alwa s has, included Y required buffer areas and buffer zones and that, therefore, required buffer areas and buffer zones are required by the current City Code to be located within the Solid waste Facilities Overlay Zoning District, 14, Notwithstanding the language of the City Code requiring that all ro art p P Y needed ar useful for the processing or disposal of solid waste be located within the Solid waste Facilities Dverlay Zoning District, and its 22-year history of com 1 in with this , pY g requirement, Elk River Landfill, in a letter to City Staff dated January 28, 201 ~, and in subsequent pleadings and arguments made to the Sherburne Caunt District Court is ., Y taking the posxt~on that the City's SwF Ordinance is ambiguous and that re wired buffer , q areas or buffer zones are nat required to be located within the Solid Waste Facilities Dverlay Zoning District. 15, In light of this new position by the Landfill, the City Council finds it appropriate to reaffirm the intent of the SwF Ordinance that all components of a Solid Waste Facility be lacated within the Solid waste Facilities Overly Zonin District Y g including buffer areas and buffer zones, by adopting appropriate amendments to Cha tens , p 30 and 5$ of the Elk River City Code, 2 ORDINANCE THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1, That Sections 3 0-1 and 5 $-91 of the Elk River City Code shall be amended by revising the first sentence in the definition of "Solid waste Facility" to read as follows; Solid Waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or may be required, needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this Code, Section 2, That Section 30-1834 of the Elk River City Code, entitled SWF "Solid waste Facility Overlay District," shall be amended by adding new subsection fie} thereto, which shall read as follows; fie} Solid waste Facilities restricted to SWF -Solid waste Facilities Overlay District, No Solid waste Facility, including any portion of a Solid Waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful far the establishment andlor operation of the Solid waste Facility, shall be located or operated in the City except in those areas of the City located within the SWF -~ Solid waste Facilities Overlay Zoning District, Section 3, That Section 500-100 fib} of the Elk River City Code, entitled "Location of Solid waste Facilities," shall be amended to read as follows: fib} Location of Solid waste Facilities, No Solid waste Facility, including any portion of a Solid waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for the establishment andlor operation of the Solid waste Facility, shall be located or operated in the City except in those areas of the City located within the SWF -- Solid waste Facilities Overlay Zonin g D~str~ct. Section 4, That Section 58-171 of the Elk River City Code, entitled "Prohibited Areas," shall be amended by adding new subsection ~8}thereto, which shall read as follows; ~8} 200 feet from the nearest property which is not located within the SWF -Solid Waste Facilities Overlay ,Zoning District, Section 5. That this Ordinance shall take effect upon publication as provided by law, 3 Passed and adopted by the City Council of the City of Elk River on March 15, 201 ~. CITY ~F ELF I~I~IE By~ Stephanie Klinzing Its: Mayor By: Tina Allard Its; City Clerk GP;2734899 v3 4 OS,~ 09,'2010 ~.6; ~8 + ER~GGS r~~10RGAN ~~~1PL5 1 PAGE 0216 i a, ~,,1. ~' A N p ~ I~~ I~ k N~~rc~~ 9, ~0 ~ 4 VIA X+;MAIL ~~~010S C~ntef• ~0 ~auth Eth s~r~et Minne~~alls MN Sfi~#0~.-257 tcl 6~ 7.~7~.~~JO ~x ~~~.~~~_a~so k ~, ~ ~~ .~, o~ C 4`° ~` ~ ~ ,,"° t ~ ~~ ~~~~4 J~c~ ~• ~'e~ry t~~2} 9?7-~~97 1pe~`Y~b~r~~s,ca~ fie: ~~. fiver ~~~d~~'~ oppos~~~o~, ~~ C~ ~~~g p.roposed ~~~y Code a.endrne~~~ ~o ~~1~~ x Fo~ru~ry Z, ~D~,D C`~~I~xGe~~e a~o~a.~~aenfi ~pXic~on ~7e~ Can~~;i~s~on ~:embcrs; City st~'~s p~~~p~sed City Code ~~em.dxnex~~s ~e~a~ding ~~ ~OOM~oot bu1~e~ ~oz ~a~r~d ~~~s ire, to s~.y ~e loa~~, i1~~~.dv~sed, the a~ne~aci~nen~s7 i~ adopted by Ci~Y Ca~acll, will ~~~ Cat~lre~~re~c se~e~a.I o~ City's prior repr~sen~aC~o~s ~o ~,e dist~~~c Gour~, axed ~~} osblish ~o~s o~ ~~~xons of dolla~•~ ~~ bxeacb~ off" contxac~ da~i~a~es, Pla~i~~ Cauz~s~o~, should nog reconarne~.d Cif Coun.c~~'s passage of th~sc a~me~cents. ~.A,C~G120UND ~I~ diver La.~ad~~ll, ~~~ac~ ~~~L} and City off' F~k R~~E~ City} ~,•e curxent~y ~~t~g~at~n~ Clty's der~aXs v~' ~RL's N~arch 3D, ~~~9 x'c~o~ain.,g and CUPILicens~ axaxend~ae~~ appliea~ions for its p~~opo~ed ~~.4-ac~~ ~~d:~1.1 expa~~xon, onto bQ ~ ~ ~ ~h® southern-rnos~ pa~io~a o~ its e~xstin~ i ~7,4~~c~e laza.d,~li properly end ~~} ~e adjace~~ ~ilZcr prope~~y ~a ~e sou~x, ~',~ p~opo~ed l~sscx~included ~3macre la~d~~l e~~~a.sxo~ o~.to dust the po~on o~ its ~~asti~g i37.~~~.cre landfill pxope~:y is 1~r~eiy ~vit~in ~h.e ~tate~manda~ed ~OO~~vo~ b~.ffer and corup~e~e~y wi~.in the soiad waste facility (S~F~ o~verZay ~i~b~~.G~, because City's solo ~t~.~ed ~'es.son :for ~erayi~~ ~~'s ~g~•Gh ~4, X009 ~requ~ested C~JPILicer~se anaex~~~nen~ appli~~ion for the 73.4-ac~~e laxad~"~li e~.~ansion w~,s that lac under~yi~a~ prop~y ~urpoi~edly was r~o~ r~-zt~in ~h~ S~F overlay dis~~ct, ESL movod Bri99s end Mnrpa~ Ptotes,~~at~el ~~~a~f~t~+o~ Mlnneapoli~ f Sx, Ps~l i w+~w,brig9~coni Membar~~ ~,Fx Mundy a Glob~f Associstfon ~f' Independent ~W Fltrns ail 09~ ~~10 ~ 6: ~. u -+- BRxGGS IYI~RGAN rV1PLS ~. PAGE 0~I ~~ ©~~~G~ nrvr~ N1Q1~~~1N Cx~ty off' k;J~ R~ve.~ ~i~~i~~ Cor~~~siot~ N~a~rcb ~, ~0~ 0 gage 2 ~1~e d~stxict cou~~, the ~[oriax~bie T~ot~c~ ~, '~~x~co p~csid~uag~ t~ surmu~rx~y approvo a~'~~e 13~acra ~~o~xQ~ ~~ ~~s ~c~u~e~ed ~~~~~~~ o~p~a~xo~. tiV~~11C~ ~~ u~{~~Spu~~~~- ~ze~.dy w~~~;~ tae SwF ave~~~. dis~xaa~, Y ~~ ~c J~~~~.~y ~~g ~0~4 su~~a~n~ry j~d~e~afi hc~rin~ t~efo~•e Judea ~a~eo, City argued ghat ERA could nat o~p~nd wi~.in ~c iau~er aria ~~ad e~te~d t~a~ ~.teM~ra~.ndatod ~OOWfoot ~u~~~r i~~to ~~iile~~`s pro~ae~~y beo~.use tae Cz~y Code supposedl.5- rcc~ui~ed ~~,~ the b~f~ex be ex~~~°cl w~t~~ the Y Sw~` overlay d~~~CZct, ~~. xespaaase, Judo ~'a1,~co ord.ercd t,~e p~.~ies t~ b~~ief the ve~+,y disc~~ete ~~~ue o,~ wk~c~he~~ t~eze ~s such a bu~~'e~~ req~~xe~~eut i~~l the City Code. City a~ad ~,~~ f~cd heir ze~por~~ive 1~~•iG~s on ~'ob~~y ~., ~4 ~ ~ ~d Fcbxua~y ~, ~0 ~ 0, re~pect~v~~y. Judge V~rco's sta~utaxy d~eadl.ine to rude o~ lac issue is ~u.~ lay ~, ~0 ~ 0 ~o~• .~pzx~ ~, X010 if i~c des on ~I~'~ z~equesteci CU~Il.ice~~c ax~endment a~apiic~.tio:~ cor~te~,po~~~neous~y w~t~~ ~~'s x~e~an~n~ applicatio~a)~ City ~~~a ar~uoc~ ~.~ tl~e ~~aua~•y ~~, 20 ~ 0 hear~r~~, ~1a~ ~~I,'s proposed 1e~~er ~ncluc~cd ~ ~~ ac~'e ~~d~l~ e~pa~s~o~a w~~ ~~o~ pxopcxly p~i~ o.£ ~~'~ ~~rc~a 30, 209 CUPI~,icc~x~c ~un,eudmer~~ ~.ppiiCatio~ l~eCause ~~.L ri~~d~d ~O ~~~ a sep~~te appl~cat~oaa ~`or ~til~t ~~~ ~ 3 ~cre~. ~ve~a ~ou~h this same ~~ume~.t hay beep previously ~~ejec~ed, by ~1~~ ~iz~eso~a 5~,~,p~cx~ae Court ~ ~t+c.~~ v~ ~~~~ O~~iy~rJ~~'Y1St~, ~~~ ~~w,~d ~06~ ~ ~~ (.~~., ~~0~), ERL Cook x~.o chance ~x~ e. pz~c~cedu~~~ har to its ~eque~st, withou~ w~~d.~=awu~~ ~ 13~ac~~e por~io.o off' i~t~ ~~.~c.~ 3~, 2aa9 CtJ~l~.zcc~ase amcn~i~.e~~~ ~.pplicatio~~~ E~~ ~ub~ittod on ~eb~~a~y ~2, X41 ~ a sep~r~.~ C~TP/L~cense e~ad~~~~ent ap~~~ca~ia~~ ~'or jlast its 13a~cxe e~~e~sxn~. ~~, ZS3. C~a N~~~cb ~, ~~ ~ ~, City st~~~ de~ermi~~cd ~~aat ~~'s ~~,tes~ applic~tiQ~ was "coxnp~e~e. ~4 ~~~ ~ 5~. Viso ors I~a~cia ~, City st;C ~e~at ~~, ~.o~~ico o~ City`s i~te~at 1'0 a:~en~. its "~~~' ~~.~~`~ F~CIL~`~'x~ ~~.A.~r ~ ~r~ ~rl~r" Lir'~~ ~~~~ ~.11~J.4 V~d. did. ~O ~b~~~ gad daps ~~~ az~z~i~a~i), Cry's st~tutaxy de~.d~i~ac ~o ~c~ a~ ~I~'~ Fe~~ru~ry ~~, ~0 ~14 C~.J~I~.iCe~se ~x~e~d~ac~at app~ica~.QZa is ,~pril ~~, ~0~ 0, ~..A.I.1~~' C~~y st~ffis ~roposcd City Codc a~~,o~-c~:ue~ats, i~ adapted by the City Couxaci~, ~orcclase at least d~ccc Q~ C~~y's pra~ox° ~~~u~aea~ts to Jude Va~cad ~'ix~t, l~'tlac ~~~e~.d~,e~ts pro adopted by tlxe City Cou~Gii, then City iii :oo ~Qn~ct• lac a~b~e co ~~a~.~tat~.in, a~ i~ chid ~dT1~e~~~ ghat ~'s re~uesxed ~3~~cre exp~~~o~x v~i~han dac e~i~~~a~ 13~,~... acre ~a~ad~~i ,pxopeity Gnu~d ~d sh.ouid i~~~~ead be pursued ~~r~ugh ci~aer ~~~ ;~Z~'s an~~u.a~ 03~ ~9I2~~. ~ ~. 5: ~. ~ -+- BRTGGS h~101~GAN fV1PLS ~. PAGE 04I GO © I~ l ~ ~ ,~ A N O ,(~/~ O F~ ~.~ ~ N City of E11~ Rirraz~~xa~~1n~ Conanaiaio~. ~a~~ch ~, ~ 41 D p~~e ~ r,ewa.~ p~~acess a~~ ~~} a ~aew ~3~acrc ~~'~1L~ce~se amen~.nac~~t ~ppXzcatic~~a before City. Coaaszs~e~a~t vvlth Cry's evasivo responses to Jude V~~reo's J~r~ary 29 ~~res~io~s xe~arciin~ fibs true availability off' ~.o~c ~.ltez~~tive appzgaches~ ~ac~c optio~.s wi11 be proven to eve ~oe~a., as 1ud..ge ~'~.t°c® Qpo~~~r su~~~,x~ed, ~ mi~4s~ca ~eco~ad, not~v~th~~te~ad~aa~ ~~ efforts to descx~~be i~ ~~~o~posecl City Carle a~ondxnents as a xnexe "~•eaf~;~a~atio~a~ « of ids e~isti~a~ City Cody ~~e~ul~~e~aao~,~s, tb.esc praposcd a~nc~co~ts, if ~.dapted, wz~i i~a~tead u~aderscore xhe obvious -- n~~aely, that i~~ere is Sao xequ~ire~aae~at in ~e c~Ci~tin~ City Code ex~ae~ {1} for ~ 2DO~foot ~exbac~ foz' l~adf~l.is o~ ~~} that ~e ~~.te~~a~nclated ~OO~foot ~etb~Ll~ b~ withita C~~y's S'~ o`~erlay ~is~lct, ,A,s ~o the ~rs~ point, City ~~f f's ~a,~~~, ~, ~0 ~ 0 lctte~~ p1~v11y concedes „th~,~ tie X00 foot buffer gone ~is~ req~,i~~ec~ vy ~~ aw, "' ~~, ~ ~~ a~ 1 (ena~hasis added}. ,~X~d, CUn~1~~~n~ W1~ ~~S ~~b~11~'}~ ~~ 20 ~ ~ ba•lef ~o .~udg~e V~cca, City staff s fetter identifies ~aa exi~tiz City Code ~etbac~ req~~re~~o~at foj~ ~and~ills. ~s to ~e ,~ecp~d po~uat, Cx~y stiff s four proposed a~e~.d~e~ts to the Ci~- Codc il~u~s~ate wb.at had to be i~a the e~isti~~~ ~~~ Code to require the ~~ate~ana~.da~ed ~OOafoot buffs to be w~i~x~ tae Swr aver~ay d~i~~.zct. w~t~~,ou~ ~ae~c ~~aencl~aacx~t~, th~r~ i~, ~,~ bo~~~ ;~qx City, ate arnbi,guou~ ba~i~ fox ~~ to co~atend~ that t~.e bu~'~e~ was, ~~dcx City Codc § 5 SM91, "~aeedoc~ ox useful far tlac xooes~in oz. ~.1 of v~a.~te." (~~r~p~ssis added}..l~a.d su~,h supposccl smb~~;ui~es lx~ the l.au.d use can.`~~t ~rc~. /~y-r.e /yt/o~ /~be /~~/"/ad i~~/yf/~avo~~ ofq~^~/e. Z~ac~ ow~~er'~ p~•o{~,ose~ /a~a./~ See ,D~i-ley v, ~~~y a~'.~o~~ ~a1~e, !~a ~ Y M ~ / / V p ~ V Y Y ~ ~ ~ / J ~~ ~ ^~ V V ~ ~ ~ ~ p •~ ~ ~MMM1~ !~ ~~p ~ .A. ~ J.III~. J ~ .M ~.! ..f ~ y .M~.~i 1 ~ i {F ~ ~~r+~~f.i ~~/~Y~'~ YM1AY public po~xcy ~u~e of con~truc~xon favors ~a~e~~~eta.~ioxx ~~ f~vo~~ of ~~d owT~acr). -W ~biz~d gad ~~na~ly, Cagy s~f~~ cant~x~fii4~ fat ~'~oiic~ w~te Facxiitzes ~~a.s ~_ "~Y4Y~ bee~a i~te~~x~teci tQ ixaciud~ ~Il co.~ oxaent~ xaeces~~y fo~~ ~~ opez~a,~-~an of a ~ol2rl ~a~te ~aciiity, i~.cludi~,g req~re~. buffe~~ areas dad ~uffez~ ~ozae~" (E~. I55, drab; Ord, ~~~ ~ 0, ~~ndzng ~ (c~~a~hasis ~.dded~}, of ~d4pted., vai~~ cor~~ad~c~ ~aot a~iy City's paior re~resen~~atio~s ~~ ,~ud~e V'axco but also xr~ przar app~~ovs10~` d~"~it "co~po~a~,t~'' ou~fisxd.e of tiac ~w~ o~ea-~a.~+ c~l~tx~~c~, eta T~ecembex ~ 7, ~OD~ azad a~~.a~a o~ January ~, 201 D~ City ~~~,x~iy aid tix~az~aistai~a~[~ly x~pa~esea~~ed to .~udgc ~"arco that t~ho ~n~t~c~' ~~03 ~-~o~fi Co~uns.ty ,~gr~en~,eu~'S '"i~,gu~.~e c1e~~9~y refers do 'eX~,~~~ ~ - , -ova tic ~~ndfill ~~,a ert ,"' not ~o ''e~p~~ion~" onto 'pi~~er's ~.dja.ccnt i08.$~~Gre ~out~aer~ devciopxnex~t ~t~a ~S~J.l~.~ ~t~opez~y. ~ l~l Z 0 City ~,~L .~ l'ropos~cl ~erno, ~,d ~xdex at G~~7 ~ex~ap~aa.sa~ ~dd.ed}; 1 ~Il'71 D~ ~i~y ~~~ ~ o~~~.~ a.x~~u~.e~at. ~~d, bacat~~e tk~exe xs x~o room for ~.~y ~aatc~~~a~ l~acl.~li e~par.~~~on an ~:lae e~~s~#~n~ ~~~.~4~~.cxe l~d~ll ,~ropex~y o~hea• than, wi~iin. the ~OOsfoot b~'fe:c~ area at ~,~~ue, Ci~r was necessarily ~~eferri~a~ ~o e~p~,ns~o.~ ~ritial~ this buf~'ex, a.~~ea~ ~taiess Ci~r is willies to wi1~~~d~~~.~w zt~ przor r~epresent~a~ioras to ~ud~e '~~cco ar~d iras~ad argue ~a~.t ~~~ ''coopexat~a~a"' obla~~,txon under the ~00~ ~~ost Car~~r~~nity .~~reer~e~~t x~ ~c~ai.n.gless, r~.d~~ag ~ fazl~, ~'indx~~g ~ otiae.se fails because ~T~L ~ilready Xaas approval ~noni~orir~g wills outside of tl~e ~W~ evex~~ay dist~~ict ~~~. ~ S~'}, tk~us pz~ovz~.~ ~a~.t City ~a~s not "ai~~ay~ ... zr~x~rpre~ed ~Saiid wane ~'~ci~~tle~~ to izac~ude all compo~.~~ts for tine apexa~on of ~ ~o~~d w~.s~e ~'~.c~~~~y, t, ~athex, consiste~7t wig. its e~is~~i~;~ City Codc d~fiaaxtio~.s, City has ~~rch t~aoxe taarrowly ~eFined "~v~id~ 03~ ©9~ 2a~.0 ~ 6; ~.8 ~- LR~GGS rY1aRGAN Iv1PLS ~. PAGC Q5160 ©R~~G~ n,va M~RGAN C~~y a~' ~Z% Diver PZa~x~iaag Co~,~aissioxa March ~, ~O10 Page 4 waste facili~y," i~~cl~d,~~ "s~~itary landfills," as bang ~~aaaz~cd to tk~e "d~spos~." aria, e~c~us~ve o~ ~,}r buffer area., City bode ~ 5$~17~~a)~10), anal. ~ 5SA9~ ~~~~ 14~~~ City Code ~ 30~~~34~0} aid cla. 5~, . III I~iv, 4 ~E~~~. ~5 and ~~~~. B. ~~~L~~ '~ ' "`iC~ ~ LLB ~~~.I~ ~' Lx~~X ,~ecau~e pity h~.s represented to Fudge ~a~•co fat tb.c panties' X003 ~~o~ Coxr~u~ui~Y ~~.ree~.cnfi's "~~ragu~~e c~cnx~t aefer~ to 'e~ aa~asion~ ~ . ~ ova ~ c L~acl~xll ro a ~,,, Cl~ staffs pa~opc~s~cl a~aaendna~~at~, if ~.dopted, will constita~.tc an e~~rally ''c~ea~" bre~.ch of fihc ~grccrnent, indeed ~~ty'~ ~C~ions will me~•el~t add ~c ~fis i~acreasi~gZy imPre~s~ve ~~~~: 4f l~rca~ck~es of i~~ "co~atxac~aal" ob~z~ations undt~r the ~.gxee~e~ts, Most fiel~in.gly, 1 ~, days apex ~•eceiv~~.~ ~~,'~ Mara 3~~ ~0~9 ~-pplicatio~as, City staff ~u~p~~~ed to u~xlat~~•ally anal t~i~hout aaotice to a~.yaa~e ~inclu.din~ City Ca~a~acii ~} xex~oved the "~L~ ~~TE~. L~~~~L" label fxo~ its X007 l~~.d use ~d ~or~in~ a~~aps. Now, ai~ht d~.y~ a~:e~ receiving EI~L's Feb~~ua~y ~~, X010 application, City sta~'~' pxoposes a.:u~en.dments to the City Cade to reclr~ire ~e State~~alanda~ed 2UQ4faot bu:~ex to be w~it~in ttilac ~wl«' ov~ria.y district, ley ~yonc`s de~inzt~on, C~t~r'~ alza~a~in~ of laws ~a try to t~hwaxt tho con~~actually~~fiicxpafied la~,t~l p~.nsioia violates the let-tex d the spirit o'f she ~~~~emeut. C~rl:aar~~y `~,e x~egoti~tor,~ of the a~~,eemcnt a. e., Johan ~~elZa~ ,fox ~~ nand Petex Becl~ for City •-- did not e~avi~io;~ such ~~.~~e~~za~~sl~ip bei~r~~ ~.f owed r,~dcr tlae ag~~ee~,ent. Aud, liven ~.ae alapxohi~~ately 1.6 t~illioa~ cu~b~c yaa~ds o;~ add.itioz~~ wane dispose s.i~space ~~ ~~~~e with ~us~ ~~'s Fcbr. uary ~~, X01 D proposed ~,~ ~aGa•e exps~~~or~., the resulting ~ccgveasab~le darna.~es from Cry's breac~z x~ iz~ fiiae tees of mi~io~as a~' ~l~~l~cs. T`he pa.rt~os al~~e~dy have e~zou.~h avc~• w~aicla ~o l~~xgate. City sta~~C s pxoposed azx~e~d~aaeaats shau.id nat be added ~o that ~zst, '~o tlae c~fient that it is~ ,nev~:rtlzeless, coar~r~itfied to ~hc~~ a~e~adn~ents, City s~o~~d, ~t ~. ~z~l~u~, ~~} delay ~~ c~aa.c~r~e~t u~~~) aver Ju~d~e Marco rttlcs can o~ bef Qre May ~, X010 hand p~*dbal~~y o~ oz before 1~pr~~ ~, ~Q ~ D} a~.~ ~~} issue a~ s~,a~u~arilyApresGZibcd e~:e~sioaa off' z~s dcadli~ao ~o pct o~ ~~.L's ~ebru.ary ~2~ ~d ~ 0 epp~icatao~ as i~ did ~'or Tiller's comte~,poz'a~aeausiy submitted minil~g C~C,i~ applac~afiian far ~~ ~~e po~t~oz~ off' ~~e e~i~tirz~ ~31,~~acz~~ l~.nd~~l1 p~~4pe~y, ~~. 156, inde~d~ a~ it did be~`o~e with ids ~Sarcla 30, ~~09 C~JP1~,icer~se ~.endme~t applica,fiion, ~J~L would be Wiiliaag to ~ss~~ae a, ~rolaan~,y c~tensio~a o;~ rho statutory deadlino as it t'cietes ~ z~ ~ebru~~ ~~ ~pplic~~.oaz. Alterna~avely, City could simply c~~~ify ~aat its ~a~eaadti~cnt`s do not apply to ~~L's March 3~, X009 app~~eat~ons, in othc~• words, ~RL waits ~.b~olutely Sao p~,~ in City's cflorxs ~ ~nten.tioiaal or nod t~ da~z•upt tae fi~,lly bxxefed ~d argu,ed issues before ,Tud~e ~T~xco xe~axdin~ ~,~'.'s Maz~ch ~0, X009 a~plica~o~as, ~Jf ~~! L.GJ.U ~Q. l~U "~ a R ~ ~ ~ S ntvo M CSR G~1 hi City off' ~~1~ ~iV~~' ~'~~~~~~~ ~o~nr~z~~~on M~rcn 9, ~a ~ 0 ~e 5 Lf~IGGS h~1aRGAN CYIPLS ~. PAGE 0G160 erel~, ack Y, Pex~y ~~pl,~~ ~~,c~o~u~ e~ ~, ~.3rC~~ ~Vl~. onac~~~ ~. ~~~~~x5 tU~a ~~.~~~ ~. ~~o~~~ ~Vl~. CIn~1~~ ~, ~~;~~-y ~~~a ~a~~~~~ X78 ~ 05v~ Dal 012010 16: ~. D ~~ PRTGGS ~~~1af~GAN ~viPL5 ~ PAGE 07160 ELK RIVEf~ LANDFILL, INC. k,~ I I ~ S4 ` ~~ ~~ 9I 6 Id ~` '1 ri .f ~. r. 1 '~ i i IV1 D IVT Pz°epared for: Elk Iziver City Qf JE~,iver February 20 ~ 0 ~~ ~~~ 0310812©10 x.6:18 + ~R1GG5 f~1~I~GAN h~~Pl.~S ~. 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V A ~ IV f~.~~f~~~,~ ~~ ~ r.al^. ^AAY..+//.M~r \..I.. tA^1111!{1.II/.x1.11\-+IAll l{•r..I ArAA RAk-kAli-II...I.../..rr1Y ~f ~ p ~l~~ ^ I~~A~~LA ~~ r.IrRl ls.l ^ i .-r.....1.A...Ai.1, 11 ... rArtll-ra.Alrrl lr/.-1.r-r w ./111I1111--11...t rrrll /lllli+.r.r- TIR'1421~-J061Ciry/~pPtb1P~38 ~~ron.~rla1 ~~).dor I ~ 03r' 09120 0 16: ~. 3 -~- ER~:GGS ~~~ORGAN ~~~PLS ~. PAGE 09160 Table of Conteaxts (Coat.) ~[ ~ `~ ~T ~~4)fr••ra.Alri/lTYvp.lrlll/I llv.f p•pA• 77 11/trrarrll it ~rrralll{\Irlrt7111-. A.. 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PAGE ~. ~ 1 ~ 0 Tho E~z~ T~ver L~.~d.f~1, Rio, ~~) pro~aq~~ to ~ev~~o~ ~ a,d~.il~oxxi ~ xo[n®~e~ 13 ~.or ,~~ y e~ of Mux~.~czpal So~xd ~~~~e ~M~~} ~a~ndZ~ spaco v~ tae ~ou~~~x~n~rr~a~t o~~io~ o~'~he o;~~~~n x 3 . p A ~ 7~ acres ~~~c~~.Z~ ~~~Uperty ~ ~h~t ~s, ~1e p~`op®~,y w~,ch i~ ~Qu~~ of ~e i~t~ ~ roved. clip ash ~ ~~ ~ ~~•o~ ~n ~~ao ~d~e o~'tl~~ ex~~~ti~~ ~~~,4~~cro ~a~aa~ill p~oporcy, The e~~s~~~ ~o1zd waste ~ ~~ad~~~ wi~~ ~'eac~t its cuR;rcnt~y ~ae~~t~ed a~.p~.c~~y ~~. app~'Q~tn.~e~y free y~~~, a~~ the ~•q aced p ~ oxpa~~~or~ wi~~ pro~de ~.pp~~o,:~~~o~y ~,G~ x,400 G~.bic y~ of aa1.d~~~iona~ ~~'~ c ~acx t ~ ~ ~ c~~`e~z~; was~c ~pl~r~a ~z~ ~.ddi~~vnal oop~ci~y wa~~r~ ~xte~.c~ q~aeTa~io~aa~ ~~~"o Dt t~,e ~~~tdfi-~~~ appxox~~a~~~y 4 X07 yea~ys ~c~ ~a'oV~d~ ~da~~on~. ~a~d~ll c~p~ca~y foz~ ~~~.~ Ci o~`Ell~ fiver ~~i~y}~ ~h~rb~~~ao Co~~~a~Y~ end ~ur..~orY~d~a~~ Boa. 'The p.ro~~as~d ex~~~ion ~~ on ~a~.c~ cu~~e~~~y wj~han. ~e solid w~te ~~c~Z~~ ovox~~a ~oni~ Y y ~ cl~~~rict, T'hi~ ~,pp~~ca~n~a ~'eques~ ~~o ~~~ ~o ~e,~d tae ~~z~~~ Co~~,c~~iva~a~ ~1sc Po.~v~~ axed So~~~ haste ~a~,i~~~y ~xce~a~e to proV~~o for the ~~opose~ ex a~~~o~ off' ~1ae ~~aac~~~Z ~o e erl,~e of tae f~c~li~y's czz~~e~~ ~3~'ope~'~Y. Tbr; px•opo~ed e~pans~o~a ~~ co~a~~~~o~~ wzt~~ ~l~e ~oa~s a~1d po~~c~e~ co~a~ainod a~ ~~ C~ s~ ~00~ Ca~~pre~,e~~s6.v~ ~~~.~a, T1ao proposed e~p~~asio~a would ~ao~ ~~qu~xe ~d~i~o~.ai C~ ~a~r~~txuc~uxe a~ ~e~°V~ees, Tie p~•oposed. cx~~raszon ~vou~d ~~~.e~~ tae coz • A ~ . ~nau~,tty vy ~~o~ding acc~s~ ~o ~~.b~c ~~ci. re~~a~~e qa~~d ~vaste saz~~ce~ as we~~ as ~. ~u~~~.i~,ab~o ~~~~~.~i~e er~~ ~~oux~co. ~Y T~~e pxaposed e~~ ~cse ,~'or ~e ~d~o ura~ld co~at~n~e ~o be o~on space, wh~cl~ would be cox. ~~x~b~e p w1Y~ any ~.~~ acen~ duo deve~p~~n~e~t ~o ~;~~.e wE~~t, ea.~ aid ~o~~~. ~~~~~~iaQ~ceh~~r~~~~r~ ~~t,6ita- {~y.dQ~ , ~,~r ~3109~~©~.© ~.~: ~.S '~- BRIGGS ~'~1~RGAN ~~r1PLS ~. ~'~GE 121~~ .d.._.~~ -d In c a~~ 'ouaa. . Tl~e ~RL ~ropo~e~ xa d,cvclcp ~~a add~~a.o~a~ s~pp~•o;~~a~tel~ ~~ a~rc~ of ~S~[1 ~~c1~~~ ice o~ ~P t1~c ~ou~,e~n~r~o~~ poia~ of ~l~e e~~~x~g ~~:a~~a~~ pxo~e~.y. The pa'o o~~d e~ an~io~, wo~~c1 p p prav~~c ~pp~o~.~~a~~~y ~ .~'~ ~r~~~%o~ cubic y~t~1~ off' ~.d~tio~~ 11~'S~~~ d~~ ~o~a~ c$ act at~ ~c ~T~L. ~ ~ ~ T.~ae ~,rQpa~cd c~~a~n~io~~ ~ro~~d tae i1~t~g~atcc~ into #nc co~.~a~~, g~racz~ desx ~~d o cx~~~o;~ of ~ ~ the e~i~~ag pe~~n~t~cd 1~~~~~~. The ~F~L owes ~~.~d Qp~x~.tea ~ ~'~'b. ~~~cxe ~arad~a~~ ~ix~, ~oca~ed .~ppz~ox~a~~el. S ~~~e~ no~°t~~ of ~1ae Y ~u~i~~~~s d~~~ct i~a ~a~ City, ~~ 1~e ~W ~ off' SecEi~n ~, Towx~s~aip ~ ~~, ~ta~~g~ ~6~" ~d ~ 1~,e ~W '/ off' ~cctzon 3~, Tc~w~~bip ~~N, ~~~age 2GW ~PxQpcrty~ ~~a ~e Cxt~t~ '~~.e Pa•a ~ corl~rro~~ed ~~ ~y ~~e ~~L can ~C ~c~ ~~, t~ac a~~~G~ed ~~tc plea. Of ~c ~a~) ~,7G.$ ~c~~~~ apl~x~axixn~~~~y ~ ~4 ~c~~~ as cu~xarz~ e~'~.x~~~ fog w~sx~ c~i~ o~a~• ~ p ,p ~ tie ~~~~n~~dcr of t1~c prapex~yy (312.8 Ac~~c~} scxve~ ~ b~f~er p~~ol~e~ty~ '~1ae ~~ad~~~ ~~ c~t~cd ~uxde~ ~n'C~, Pa~~~ ~~~~~a xQ rcc~iva 1~~,'~v~, r~o~o~i~~oza end co~t~ac~.o~a d~`bz~i~ ~u~d ~va~te for ~~ cOr~pO~~~l.~y a~dus~~aa ~o~~a ~v~~c ~z ~:cordazacc vuitl~ au ~pC,A.~app~ov~d. ~d~a~~z~z ~o~id W~~t~ ~'1~ua~ ~d p~oce~si~,g ~'flcxl~~y re~~~,~ fx~o~a ~~~ El~c ~v~r I~D~ con~vu~~or f~c~li~y. Tlac E~~ r~~as ~ ~o~id ~va~~c f aczlity ~ce~~e ~,~~ceent ~x~d~ con~~~~o~~1 u~c crn~~ ~~ a~cco~~~~~.cc w~~ ~e ~~ty's x'ectu~rcflae~.~.~, ~o~ o~'~he~c docurrz~~~~ ~qui~~~ o~~d~E~a~ ~'or ~c 1ax~d~~l proposed ~xp~.~~ion, ,mod ~~ ~oqu~rcd ~a~'orna~~~a~~ is included w~t~ ~ doeu~~t. ~:~?9~1~4D41Ciq+,4~~cb1Ff~ i~epo~"mal (7~.aao ' ~p~ ~3l ©912©~. ~ ~ 6: ~. ~ + ~F~xGG5 f~t~f~GAN ~~~1PLS ~. PAGE x.316© .0 I~es~~~~io of Px~~ os~ ra,~~ Th,e ~R~., ~ra~oaes ~~o devo~a~ are addx~ona.~ a~~pro~a~aa~e~ x 3 ac~`a~ of SSW Y ~~uad ~~~ce c~a ~1aa ~outhez~~~~a~t ~~oa~or- a~~~ae e~~~~in~ ~an~~ era eft , e ~ `o o~ e~~ar~s~c~z~ W~~~ prov~dv a~~~~o~,i~~xc~y ~,~'1~,000 c~b~c ya~d.~ a~'~.clc~t~on~1 SSW c~~ac~tiy, ~cpe~d~r1~ o~~ Wane ~oti~v ~~.~i~e~, tae a~a~ ~o~e~ e~ ~a~~on W ~ ~ ~ au~~ ~.~end filae ' ape~~o~~~ Ixfc of ~e ~~nc~i1~ ~p~~`o~i,~~c~y ~ to 7 ye~~ b t'ovxd~~ ad~~~~ a , Y ~ L~ ox~~ ~ ~,d~~ c~pac~ty, ~~dt~I apexat~on~ a~a ~crfoi~cd under dac di~eGt~o~l ~d o~~x~i~~at a~l~ce~~sed ]a~~~I1 a~ae~~.tor~, ~~, add~~io~a ~o ~~~c~ u~i~x~zes ~~ch ~s w~~e~', ~~~~er, e~oc~~ici~3~, gad ~a~a A 5~,ce? i~ifl'~~r.~c1fU~'e re~u~~cn~e~~~ ~~ecza~ to ~Iae.~a~d~Il axe; ~c~a~a~~c ~~~d. a~ coxad~a~e ~pxa,~c fac~~~~~~ ~d ~aeb,~ a~sac~a~~~, ~eac~~te ~~d gay ~ ~a~ com o~ac~a~~. pa ~ ~ ~~ ~'a~' ~~ ~a~d~~~ fac~~~~~ ~~uc~'c~, x~1c ~~~ c~`~c~t~y ~a~ ~~ae fo~~QWi~ 4~a~i~e .. b~iZc~.x~~~: Sc~1e~aQu~e; CLoca~ec~ o~ ~~~ e~.st axr~,e o~~he .fac~~iy ~rv~~~ ~ca~e~ o~ 1~o~1a ~~d. ~a~adfill Dice ~~~~ ~.intoq~~aCe ~u~c~in~: ~rcc~~t coa~cre~c bui~c~in ~oc~~cc~ , f~ ~or~~ae~ast of Elie isg ~~~ ~°ea. the la~~Xding ~~au~c~ ~~e ~~ac~~~~ of~c~s a ~a~~~era~.~ce a~'e~, ~nc~~ca~ dae a~~ s~o~ago ~fac~~~xy. ~ ' Ga~to ~ne~~~y ~'~~~, ~'xecas~ co~acre~e b~adi~g ~~ ~~ ~;o~t~acast eaad off" ~~e c~cnt ~~~ f~ca~~ty ~u,st ea.~~ of ~e ~a.~d~x~~ o~~cc. `T~e ~~.~ xo cne~g ~~~~ Y :~ T,~?7g2114061~1tYA'a5~8 ~c~or~nal (~~.Oo~ ~p 0 ? ~ ~ 912 ©10 ~. 6 : ~ ~ •~ ~R ~ GGS IVIORGAN rY1PLS ~. PAGE ~ 416 ~ hou~~.~ a caa~raau~,ity c~i~c~~iax~ z~QO:m ~d ~~e ~e~axa~~s ~p~ ~~ as ~a e~ex ~ ~Y ~~cyc~~~ ~uzlc~ng. ~~( sid~~ I~~.I~~~a~ t~a~ ~orves ~~ s~vr~. c fvr x~ec cl~ble~ ~ y ~~d ~~ p~ o~ ~h~e c~~z~n ch~oppo~' a~ad coz~ve~ie~~ee cer~~e~~ scx~ice ~o the ub~~e. p T~u~ built~in~ i~ ~oca~cd "~a tl~e ~au~I~ a~the o:~cc ~ui~di~ , ~"~ae exis~~~ ~~~' ~as~d~~I ~~~I ~~o~ch ~~~ cuaxen.~Iy p~xx~i~~cd cs act i~ a ~ox~h~a.ate ~la~ee yea~~', ~"~re ~~ h~~ ~.v~ilable ~~nd ~o the souk off' ~hc e~~~s~i~~,~ 1a~ad~I~ Too a~~x w~~~ ~e ~o~d w~~c ave~rl~.y ~~st~~c~ teat ca~~ bo used ~`or Sze ~o ased c~ ~s~o~a o:~~he ~~ P aMSw ~~.nc~~i1~. ~y a~c~easu~~ ~e ~oo~~d~i~~ of ~l~e ~~a~~I~, ~a~ ~.RL ~~ al~~e ~o e;~~c~e~C1 Y i~a.c~re~~c its c~~ac~ty a~cl ~Le~c~ i~~~ Ii~eo S~ce ~e e~x~~~x~g ~~r~f~1~ ~rca~. f has ~~e ~n!i~as~xuch~xe, ~z~~I~'o~vneu~~ ~uon~~or~~ ~ys~e~a~, a~ar~ oy~e~r~~xo~.~ any ~~~,CC, xt x~ov~d~s ~~a ~ P environ~-~~,~~,~ly sa~"c ~~~~ fog the ~z~o~ased exp~za~zon of ~ ~ecder~ facx~z~r while ~rov~c~an~ a ue~e~~~ ~o ~.e co~~1~~Y ~~a~ e~~e~~~~ t~cyand wa~~~ c~~~ o~a~, ~.~cds. the need. fog ~.clr~~tion~ ~~ac~f~1 spaec ~'o~ the e~~3~t~dlla,~ ~rca~~e~ a~ctra~o~i Ica ~aa.~ boc~a c~ocu~e~;~ed ~y ~ dxv~s~o~. of tae ~~~ ~~'c~~ae~Iy ~f~ce o:~ ~n~r~.~a~~cntal Assxs~a~ce~, whose p~po~e ~~ ~o ~de~a.~~y wane ~~a~aa~e~~t p~~c~~ce~ atad p~a.,ce~ ~~~p~al~auce 0~ ~'fl~tC xc~uc~Q~~ .CC~SC ~~ ~'~CyC1i~~, ~~~,~~~.~~ 'P,~~C ~uCC~~~~~ zu N~i~~~0~a ~fi ared~ct~ivxl, reuse a~~cl re~yc~~~,~, tae c~u~.~~y of wane ,ge~acra~e~ ~aa~ ~t~bs~a~.~zal~y i~c~,e~scd ever ~c Iaast de~a~e a~.d ~vii;~ ~~, a coxr~s~e~~~i~ geed :for acldx~~oz~a~ ~!CSw~ ~~.~a[~~ ~~aaoeo ~':107421~4U61Ci0'App~Q~PS~A Rcpo~t~~~no!{2~,t1c-c ~~~ a3f e9f ~~~ 0 ~ 6. ~ 8 -~- Ef~~GGS I~~1oRGAN I~1PLS ~ PAGE. ~ 5f 6~ ~~p~x~~oaa or~,e ~olCowi~g o~i~~Cxa~ ~~.~as~~.~c~ce ~ys~~ua~ ~~~~1 tae rec~u~ae~ ~s p~ o~`die pxopo~ed pxo~ee~; ~~~ e~,~'~.C~on w~~C~, pi~~za~, ~nc~ naa~a~ta~~~a~ ~a~abe~ ~n~~~l~~~ C~ ~ceo~d~aaac~ w~~Ca ~~a~ dew ~a~rce P~`rn~~~ce ~~~ndard~ ~~PS~ end T~~C~ V fir pe~~. ~~~ to ~~x~Y Plant a~aa back~a~ ,~.~re aaa accord.~race wi~x ~e Tide V ~~x pea~a~~ ~:ad ~TSP~ r~a~a~~ L,oaoCa~~~ calleet~ox~ ~d na~~~~~~e~t ~ ~Cap~~vod ~y ~~~ ~IPL,~ ~ ~~'D~.dw~~~S" Jl7]D~~~OZ~1~ W~Z~ ~8 ap~~OVO~. by the ~~A, a.~. ~perat~~~u~~ :~~~c ~F,~.1 ~~o~~~~ off' p~x~~o~ ~x~ ~~T~ wzll oo~a~~~ue ~Q ~~~ i~ o~et~~~oa~~ ~o tae ~auz~~ ol~ ~;ao az~a ~Q ~.DD pxnr ~oaa~~y ~uo~~~i~ ~a~u~•d~y, e~c~uc~C~~ .holxday~, ~~~ ~Ca~~ ~~ae, ~e ~a~~.df~ wild ~e oia~r~~od x~a aooox'~a~ac~ with tae opoxa~io~~~ ~~~qu~~;t~e~t~ ~~oacod ~y t~~o PCA, ~~ao~~~~~r~e Co~uaty ~.d tae ~xty. The ~a~c~ix~~ may ~.coap~ tiv~~to duxi~~ tae o~~hou~~ onCy ~~.ear cer~~~a A cITC~~~~~C~u ~'~~ ~~~. e~p~oy~ ~~~az~o~~n~taCy ~ ~ ~copl~ ~~ ~k~~~ cuax~~n~ ~,~~1C ~x~~. ~~er~ az-e ~a ~~.~~ ~t~C~ ~oc,~arec~, ~.~ ~lae o~'~~~ b~ild~~ ~~ta ~~ we~C ~s ~~~e ~oo~. ~'o~ p~a•~~n~ ~. ~a,e yid ~re~. ~o ~~~ ~.orth a~~l~,~ bu~~d~. ~~~~ ~a.~d~1C e~playee ~~~~a~~ex~ ~~e ~o~ pecked ~o ~cx~ca~~ w~t~a ~~ prapa~ed ~~~~Coxa..~cl~t~ozaa~Cy, ~.aa~'a ~~ ~o ~nexea~e ~ ~r~~~~c ~o t~~ ~~cilaty e~pactod wx~a axe p~~o~o~e~ e~~~~a~, '~`:V174~~~gD61G~pT,APy'I'aD~ ~u~a~flnal(~.6uc ~~~ e~~o~~~a~o ~~:~° M1. BIB x GGS ~V1D~GAN hr1f~L5 ~. n. T~.c ESL walk ~1~i~t~~a e~~~~t~ag 9~g~~ a~ cnc~~ e1~~~co to xbE ~~~e ~rh~'c~ de~cxib~~ tl~e tiv~~te~ v~~aic~~, ~~ay be c~i~~o~ed a~ Sao E~ cud ~~o~o w~a~tcs w~ch wail ~.ot tae accepted.. Ire Ac~di~iQn to w~~~c ~cccpt~ce it~fo~~,a~o~, tlae ~i~tc ai~~a~e a~~o ~a.~.~Ga~~ i;~e so~aed~alo off' d~y~ ~~~ ~~ours tae ~aci~~ty is o~e~ to t~ac pu~b~ic, prices ~oz~ ~wa~tc di~po~~ at ~~e ~i~e, the ~'~~. pcrm~~ ~;u.rnY~~r, co~~.ct ~e~so~ ~vr 1ax~.~l~ i~~ue~~ auc~ ~.e pe~~~ty fo~~ ~.o~cox~"ozmi~~ c~u~apiza~. ~o yew ~~~~a~ ~~c pmpo~ed ~-ox the pz~o~o~ed c~p~n~~o~,, ~,~,~.~ q~u~p~ae~~ ~~or~~ Adec~u~~e ova-~~tc a~G~ose~ ~to~rc~~o ~~ av~~~ab~e ~'or the rn€~r~t~n~r~ce and ~~oxa~c o£ the ~aaa~fi[~ cc~u~~~xue~a~ ~aat is cu~rcn~~y seeded to operate ~c ~a~d~l~. ~t ~~ ~aot a~.tici~eted t~~~t ~t~ciit~~~a~ cc~uipmexat a.~acUo~! equip~~e~,t ~tox~.~e fac~i~t~cs w~~I ~e ~ec~~ixed with, Sze ~~roposcd e~~~~sio~a, '~'~o propo~e~ e~pa~~ioza does got ~ec~~iz~ ~ E~~v~~oxent~~ ~np~.ct St~te.~z~.e~at ~~S) u~xad~.~ ~h~ xe~uirexue~at~ of ~I~x~. ~,~~1~.4400, ~~bp, ~3~~~ ~~~ce t~~e ~,~ac~c~ae ~ vo~u~c z~ Ices th~~a ~~ percept of ~. previous c~~ac~ty o~'~. SSW da~po~a~ ~ac~~ity fox ~OO,~QD cubic y~xd~ or amore o~w~~tc ~Il peg year, ,~Cc~~rcavex~, the i~CA cad co~~uct~ a~a ExS fio~~ ~ ~-a~~cb~ ~ar,~er pxopo~o~. ~~p~~a~io~x o~ ~~c ~~ad~~1, ~~1~ah i~c~ude~ the p~o~o~c~ expc~n~i~on Tie ~ol~owx~.,~ c~~~cu~~xoz~ p~ovic~e~ a ~c~~m~y of tae e~pec~ed ~ap~.c~~ assoc~a~ed w~t1a ~~e propo~~ e~ps~as~o~~. Maly o~'~~.a~c ~ind~~ags are also di~cus~c~ ~. sccuo~ ~ o~t~ais ~,~~ ~~v~°o~r~e~~~ ~~p~c~~ ~~~,14~. ~~®u~ad~~~o~~ PaG~ ~ 6 ~ ~ e "~a74~uQatitCfkv~,~pR~b~~yort,,,nn~l ~.daa 2-4 ,~ .~ 0~109~ ~0~. 0 ~. 6: ~ 8 + ER~GGS CYIORGAN r~1PLS 1 PAGE ~. ~~ 60 ~h~ hy~'o,~ep~a~~c condi~io~~ w~~h~ ~a~ ~,dd~~ioa~~ ~'oo~z~n~ ~re~ ~r, e ~ui~able for ~e p~`opo~ed exp~~xo~a. ~~~e ~aoni~o~~~ ~progx'a~. which z~ c~u;~ent~y pay of ~e ~~.~ o~~exa~otas ~xac~ude~ ~e~ti~~ ~o prov~do e~~rly w~~vx~g of ~ r~~ea~e, ~~~~ou~d ono accux', rho ~'oundwatex ~no~~~oa~n~ wed .ra~~wo~~ ~c~~de~ z~t~t~~~rvus dow~~~'ac~o~~ ~re~~s ~h~~ axe ~~~ape~•~y po~z~o~ed ~o ol~~~rve e~~~ti~~g ar~r~ fu~~rc ~•oundw~.tor cv~d~~gon~ ~~ ~~.e ~~~e. ~`~ae ~'ou~~~v~~e~, ~ao~~~,~~ rl~twox~~ ~or~~ Y~ae ~ou~et~a baua~d~.iy w~~~ be ~,od~'~ed xr~ ~GCOrdax~co ~~~~ ~y Teco;aa~nd.a~~o~~ ~ro~x~ ~~e :N.CPCA d~~g t~ac applica~~o~ ~ubxn~~~~ aa~d ~.p~TOV~~ pxooe~~R ~e ~~~ i~ c~x~•~xt~y a~er~~.~~ u~~ex ~ ~tor,~w~~cx ~'o~~ut~on Prevca~~~o~~ ~'a~o~~~ ~S~P`~'~') ~h~.~ exceeds ~P'~~ x'eq~~renae~;~, ~~e e~~~~in ~wP~~ wi~1 lie a~~~o~t~.ed ~o coVe~' ~~e ~c~~iaon~~ ~'ootr~~ ~iou~d ~~ be ap z'overx, ~' ~.~.x.~ ~xx ~~Z~ N~e"~l~a~e g~,~ ,~ene~~~ted :Cro~x~ ~e v~r~~t~ d~s~~o~ed o~ wi~~ ~.e p~'opo~cc~ expa~~~o~ wz~~ be x~~ed ~Q ~~~zer~~e eZec1~.c~~y ~.~ lac e~as~axa~ ~.~ ~o e~a~ l~a~, ~,~ c~ooe t e e~~stin ~ ~ b ~ ~~~t~~~l, ~.ho p~Q~Q~ed L~pa~~lo~. ~]fl t~1e pO~er~~i~~ iQ ~en~e~~a~e uda~~, ~~~11~S~,ori~ ~z'e o~~ox~e~ on ~a~e ~d o~o~• co~ap~.~~a~~~ ~'e z~.v~sCi~'~to~ ~~ c~o~es z~~~~i~a~ed p~'o~apdy. -~,~ ~o~~~u~~~ 1'~~~c~~ ~~~.~.~ ~~~~~~ ~~a~~~~~ Tao ~ropo~ed e~p~~asia~ wx~~ be e~'~ec~~~vely ~cxcen~l ~Q~ ~-~i~l~~~ay 1~9 ~1o~a~ ~a~ ea~t~'sl ~acle b~y ex~~t~n~ b~~~a~ ~a.d boos. S~r~~~, fio ~Iac 2QOpfoa~ bu~fcz~ ~ctwee~ t~ao ~'~~ a~~d ~c c~is~za~ ~`ac~~~~~, ~lacre ~~~~ b~ ~ ~OOw~oa~ bu~~e~ ~~on~~ ~e ~xop~~;y ~~~ae ~ ~~ae ce~.~ bou~~.~~xy ~loz~~ ~1~e ~~re~tex~ ~~de ofi ~av fi~c~~~~y ~~~ co~~~~~~ off' ~ ~~~sti~~ de~~~~y waoc~ed ~~e~ be~-wcela t~~e pzopo~ed Z~.d~~~ ~d ~:K~ oo~~~i~nor, T~.i~ ~04~fo~~ b~f~er T~}7~`~~~Q(~}~11yyJ~ipD'F~C~1~~~ ~~pi'twf{flA~ ~~J,~OC ~q~ 0~~ X912©~.0 ~. G: ~. $ -h BP~GGS h'1~RGAN Pr~PLS ~. e~~ect~v~~~ ~c~~ee~as ho~~a too exi~tia~ ~c~~~y ~.d tae proposed e~pan~l~~ ~•a~ ~~ eoz~doa~ ~a~1, M~.~.tag ac~~v~t~es to tl~e ~out,~ o~ the pra,~a~ed expa~~~o~ w~Z~ be ongui~ag d~u~.~ e life of the pr~-jecfi. ~ addYt~pxa ~o ~lae e~~fi~a~ sca~ee~ai~~ ~lox~€ 2Z ~ sw ,~venuu ~'ox n~nin~ opo~afiian~, tie E~~.L will e~~a~b~z~h ~croc;~n~g ve~et'~,~ian o~ ~e ~ou~~et~. be~~, ~a~t wi~~ effecti~~l~ ~creea~ tae pro~o~ed cxp~n~ion, ~~5.2,~ ~a~d Use ~o~a~~b~a~~~ Tho pxo~aa~ed ~~~ion i~ ~oc~tcd. witfa~~ ~~c ~~i~t~g properfiY~ wb.ich i~ within ~o Solld w~~xe ~'~cii~ty overly .~o~i~a~ dlv~"cx, ~~, ~uxded "~snc~rll" ~~ e Cl~y'~ ~UO~ Conapx-ehex~s~v~e Pl~~.. The Ci~r' ~ ~00~ Coz~p~•~~aen~lve ~~~n also ~tate,~ fat the "~a~ad.~ii use i~ cota~i~tent wig, ~~,e cu~~~t ~~d use p~~xa". tae laropo~od ox~~~~Qra l~ a~~o canslsfent with x~~e SherUu~e Co~u~ty ~o~zd Wa.~te N.~~aa~e~ora~ Play,. the ~xopo~ed c~par~~~om ~~ al,~o coz,~l~~~~.G ~vxt~ tae o~~~g ~~wy l G~ ~d ~e ~u~~ ~][wy 1 ~9 co~x~,d~or ~l~a~, ~~. WIC ~ap~: ~~~eC~ ~~~r futuxe ~~l~~rC~~~tge deg%~~as ~.t ~e ~~tor'~ee~o~ a£ ~~~away l G~ quad 22I ~t A~vea~uo~~ ~.~,2,~ ~co~~o~~~~ end ~oc~~l ~'~a~~,ct~ ~'he e~on,o~~o~o a~cl ~oczat it~apact~ oFthe ~a~oPo~~d expaza~~o~ are ~1n~1~, to tho~o of the E~is~t '~ ~acllltyn R.e~e~a.~a uuz~•ent~y collected by ~~ City, ~~~e~°~ua~a.c Co~~ty, ~a~d the 5~a~a a~'Mi.r.~e~ofi~ fi~o~, ~l~pxn~ tomes end fees would be ~~~ta~~ for chi gdd~~on.~al volu.~.e $~~c~c~a.tEd w~~a t~~o pzo~Q,~cd G~p~r~sxoz~ o~~e~ the adc~~~or~~l ~~~e o~ ~k~e ~a~cl~~~ ~l , f 7 z~a~~~~oxa cu~~c y~d~ ove;~ ~ ~o '~ yo~~}, ~inalla~~~Ya ~~ae ot~ez~ eco~o~i~c Uenef~t~ as~gc~~:~c~, with tae ~~. ~'~c~ty ~a 1~e ~urrou,~d~n ~co~~~ty i~~ ire w~.y ofco:r~u~~~~Cc PAGE 1. ~ ~ ~ ~ '1':'47~k1j g441Gi~~~ToD1F~B ~~ar~.,(ir~l (~~,daa ~»~ 03f 09~ 201.0 1.6.1.8 + ~RTGGS fY10RGAN ~~1PLS 1 PAGE ~. 9160 w~~~. ~Qc~~ l~u~~~tosses, ~ot~a~~o~s, e~n~~oy~ae~~, ctc. wou~~ b~ s~~~Qi~~d fay ~ ~d~~~o.~a~ 4 ,~ SIT ~~ ~~~~ The x~~zo~a su~•o~~~.~~ tae p~•opo~ec~ e~panaiou cor~si~t~ o~ro~~~~~,g ~ar~'~~n, ~ae~.v~~ Y woad.ed a~e~, exia~~~.~ 1ae~r~s, ~~ a;~.~~o~ng ~~ir~.~ ope~~~~,io~s th~~ o~'eo~vo~ ~czeezl. ~~ ~"~ca~~ view w~~.ou~ ~d.~t~o~a~ sct~e~a~~~g ~e~tiares. Along ~~~ evs~ ~~dc o~`~ie ~ax-opo~ed exp~~On, cx~~~'~'ee~ ~d ~~ exis~in~ e~h b~~n ~a~t ~a~~ becra ~~a~~ec1 ~v~t~ ices, w~z~ ~arovide yeas ~~o~n~. se~een~~g a~ora~ ~w3r ~. ~9. ~axa,~ ~a~iv~~i.es ~o tae sou~tti o~ the ~~opose~ e~~~s~ora wi~~~ be o~Mgo~ ~u,g ~a ~~~e o:~'~he p~'o~aos~ cxpa~s~Oxa, ~n ~~~~,t~v~a to ~c oz~~~o~~ mi~~ vu the ~rapea-ty ~a sau~ o~`~~ proposed, oxp~s~o~ and e~~st~~ ~crce~~ ~~oz~~ ~~~~` Avenue f4~~ ~~e r~ni~ag o~or~t~~QZas, the ~~.L w~~~ es~~.~~~sIa sc~°ee~~g veget~~lon ~ ~.e ~ou~~ pc~,n~eter bex~ ~~a~ wz~~ e~"ect~ve~~ screen ~e ~~:~o~aser~.. ex~p~~n~~a~ ~~'oa~, 2~ Esc ,~,~v~,uc. ,~o~~ ~~.e west ~~r~e o~~~c ~xopase~. e~,pa.tasia~ b~.wecn ~~~~e p~'apc~ty ~~~e ~d ~~~o coxzzdaz' ~r~.~~ ~ac~re w~~ ~e ~ ~D~~~oo~ ia~~~';~'e~. Thus set~~c~~ ~.~ow~ ~or~ ~e ~~ese~~va~t~o~ o~~ae exi~t~~ag Leos i~ ~~e area. Tlao sense vegct~~o~ ~.~pra~ the ~~~~e i~ co~.~or e~eot~vo~y sexee~s rho ~~o~~osed c~p~nsio~, ~°4r~i'view a~ khe t~a~~ us~~~s~ T~a~s vega~at~o~ v~i11 re~;~ w~~~h the e~p~ns~on since ~t ~~ ~vi~.uiza ~~e p~'o~~osed ~DOwfoot se~h~i.G~~. The L~RZ, z~ c~~s~~ned tQ c~spoae a~'~a,oaa-h~a~do~s so~~d ~~~t~. Tea desi~ as we~1 as ~e co~~sl~~c~~on gad ope~'a~om o~'~i,e ~~ad~.l ~~e go~r~cd key ~~ac N,1~'~A ~r~ao ~a~ per'fo~~,ed ~ c~.ctai~e~. xew a~~.e des~~a o.~~~a~; e~s~n~ ~~c~~~~, ~~ w~~~ pex,~a~~n ~ detaa~e~. rev~~e~r o~~e ~x~ o~"~ae proposed a~.~a.~s~o~. ~po~ s~~~t~l q~~.e x~ecess~'y 'CA a~aa~t ~pp~~a~~~oz~. r.~~a2uaa~1~~~~n~~au~~~~o~r,~~ (~}.~oc ~~,~ 03~ 012010 ~.6, ~.2 +~ Bf~TGGS ~V10RGAN ~~r1PLS ~. .. ~ .. PACE 20160 h~ , ., Thv proposed d.e~~~n l~ cor~is~~~~ with ~~e e~~in~ des~~~ ~ ~a~t i~ ~.~o~ox~.~es a s~at~ off" one ~fi cotr~p~s~~o l~~cr ~y~~cm; ~ ~'~~~ off' cax~~pa,~~c~ c~a.y soil iaar~,cx ovez'i~.u by a ~D ~iI f~gk~ densi~~ ~~oly~~ay~one f[cxl~l.~ m~rn~xa~c ~.~', ~'a~cfla~', tiaE~~ ~vo cow oi~cn~~ o~ r p ,. ~c iz~c~ ~ys~~m ~x~evenL co~~arnin~~~ tom, e~c~a~~ ~e p ~ Buz ~ otuad~a~ env~~~ol~en~, Ovex'~ylt~g '~~ ~xmer ~eGtiGi~ ~~ ~G ~~~C~~a~t~ CO~~CfixOa~ ~ay~z. Ti~~ ~ea~~~~e co~~ect~on 1~, er 4 co~5~~~~ o~ ~~~7.~~' ~ ~~o~ of ~,gl~.Y p~~~~UiG dra~r~a.,~e s~.nd o~ a ay~a~a~a~ dr~.~a~c x~aa.~eria.~ c~lZ~d. a g~oco~.~o~lt~. 7~e ~~com~o~z~e ~.s co~apri~~d o~`l~i~~a de~~i~y ~o~ye~tyie~ae ch~.a~e~s ~t~u~ac~u~~d ~Q x~pidly co~~'~~ iic~u~~s end x~ considc~cc~ ~ ua~ xo ~~ 9r~s~~f s~io~ o~paci~y o~ ~ food off' dr~aita~~e i~ye~ ~an~r ~I3IIR,rn' A411~6l~ I~" 41CAM4~ A{}J~l~ Ul'L'H '', '. ~ ' 47A~'~~$ ~~ ~,t' Xr-+~t~pLAf~ /CtdtrrT :' ; r h'~~,`r~ r ~r ;~.^~,~s. ', ' 1~!!t ~~x A~ 8 ~ 14;... r . '}+~~'' ;r, ~~~`~ rya..., ~ mm~,.T F ,, ' . ~ ~, ~ ~ r ~'r „~/'r'1, ~ /9 + r ~ ~~ ~~ r ~ ~~' Ql1 m11 !lDD~G O~Q~t1~~A~ ( •,. r ,~~ i ,l ~ ~ ~~ ~ N~BM~ ~~1\\~, xn~x~ Sy~~~~. T~~ ~. co~v~r ~~c~ioa~ Is ~~u~~Xy dcsi~ed wi~i~ a ~~ye~ of ~~u~ex ~~fi~~ial ~as~a~lc~ avez• tlxe ~u~l w~~~e clc~ra~o~a p~~oz' ~~ c p17ce~t of ~ ~~ ~~~i~ lin~c~~ how ~.cnsx~y polyc~ayacne ~i;~er ~~.~~~i~1 t~a~ l~ ovcrx~~n ~y ci~ex, a. ~~~ad. clxQa.~a~~~ m~~tea~a~ o~ a sy~a.~he~c d~r~.R~a~.,gc ~'aat~~~.(, ~~ocorripo~~~~, T.~o i"~al Zay~~ o~'~,e i~-clfi~~ caves aec~iot~ is layex of soil ~~t~erl~I t~a~ c,~a su~ta~~, ~d ~ro~~o~e vo~e~aCivc ~;ro~vt~. T107~ti144(i1C{~APPF[~;Bcpor~ ~no~ [~~,dos ~~$ ©3f 0~I ~n1 ~ ~.6, ~. ~ + ~R~GGS ~V10RGAN r~~PLS 1 PAGE 2~.16a v a ~ ~~ a ~ ~ ~~ ~ ~~ ~v~er Sy~tca~ ~D~~~ ~[~ 11,E ~~~~~~~ f~~'TLJR~~ A~ m11 -.~FFE~ S~x~,~ The 1~a~.~i~~ base ~~, ~u c~.ti~ua~ct~o~ w7~a ~e 1 cgvex ~~~~; c~~p1e~~~~r e~c~~~t~~~~~~ ~h~ ~~~r matez•~~~,~ fx-o~~ ~.~ ~~~au~.di e~~xo~.e~~. Tho ~~~c c~t~~n~.y ge~era~e~ e~ec~c~~y ~rax~ ~~~ ~ac~~v ~~~ ex~~act~d d~~z~$ ~h~ w~s~e de~e~~e~~~.ox~ p~'c~ee~s, Teo ~ac~~~~e e~~ac~~oxa ~y~te~ ~v~11 co~,ti~u~ ~o be dev~ol.o~ed a~ tae ~~nd~~~ i~ ~~aA~ cove~~cd. ~'~.c ~.~d~i11 ~a~ ~,~~x~.c~ion~ we~~~ ~e Goi~~~uc~ec~ i~ ~ccoxd~~ace wi~~ ~~~du~t~ ~~~~d~d~ anti ~c ~~~,'~ aai~ ~~ar~nai~~. rl'hc pxoposed ~pa~a~~o~a w~~~ be co~a~t~-uctE~. ~~ aka adcl~t~o~~a1 pha~c ~G'~~~ ~~} co~.~~~~~at w~t~~ ~~~e cu~~~eaa~ ~erie~ o~p~~~s~d cell co~a~~,Gr~o~a aid cXo~u~e p~°o~cc~~- The ~in.~ of the ~rpjec~s wa~~ ba d~c~a~cd by ~~cozxux~.g w~stc vo~ur~e~ ~cl ~i~e o ~r~.~ion~. ~~ ~~~ ~uati~.o' abed ~ ~p ~hae the Cc~~ ~ ~ o~~~e ~a~xd~`~l~ wi~~ be par~a~~y co:as~~o~ed z~ ~0 ~ 1. ~':107421~dQ~ty/1~pi~abll}~'E~t~0~5nn1 {~,dqc ~~n Q~~ ~i9~ 2Q~. Q ~ 6: ~. 3 + ~R~GGS ~~~~ORGAN f~r1PLS ~. The ~~ la~~ ~l~e~~pce~~G l~~•av~~~zon~ in paace ~'or, tlae clo~u~o o~'~he l~~r~~i~l an ~ccoxd~co wi~~ ~c~~ side pe~~i~s. Thy ~~,. ~u~~~~tee~ ~he~e c~o~~~ ac~ivi~ie~, ~~ ~ve~l as po~tp clo~u~c c~.re ~.nd po~e~a~a~ co~~in,gency ~c~ion~ that may ~c z~equ.ired, ~~ar~~k~ fi1~e ~~~ q;~ a a~~rety bo~aa iu accard.ar~ce w~~l~ the ~~a~aci~ ~~~ur~;cc x~q~a~r~ne~x~~ by fihe N~a~C~, Cloa~u`c p~~~ fvr tie c~i.stita~ pat`~~ons o~t~e ~~G1~11;~ h~~~ p~eviO~.ts~' beta a coved by ~~ ~l~c MPCA,} ~hc~bae ~oa~x~~~ ~d e C~~y, end. llpp~~. ~l~~b~ Of the nPGe9S~'y N~PC~. ~~~~t ~Pp~~ca~iat~ for ~e proposed ~~c;~ec ~~ ~`oo~~.Uts updated c~o~ure, po~~~c~o~u.~~ ~d co~~~rage~.cy ~ction,Pla~s ,mod coal c~i~m~t~ wall ~e sub~nitted~ Fi~,~ cor~~qur~, surface wQxe~ c~'~ha~.~e celc~al~.~on~p gad ~.a end u~c ~~aaa ~~e ulc~udc~ 1~~. iha~ ~ub~~~l. ,~~ ~~ae L~~ c~a~e~s clo~~~re a~ tie ~~,t~~li, cxx«t~~ ~"e~aclu~ wf ~l b~ ut~i~ed a~aa ~u~ple~el~ted a~ ~ec~~~a~y foa• ~~ Pu.~poses o~ ~ccu~ty, ,A1~~ ~n~l clo~ur, e p,~ ~e ~l~p, w~xle ~hc ~a~i1'e ~~~e w~T be secu~~e, vein l~a~~~or~s of~1e s~~e w~.l ve secu~e~ s~;ch d1~,~ only tlao~e pexson~ ~u^~zed ~y tae ~" w~l be pe~ttec~ i~x theae ~~e~~ ~o lae~l'or~n cla~~re end post clo~r~~e ac~avi~ie~. Thy proposed. e~cp~~~cx~ will ~E closed ~~ p~~ ova pha.sc~1 closure coz~s~ru.c~ia~. Tape ~~c~patccl. clo~uxe se~~cn~ce axed ~i~a~ha~ ~o~ ~c p~•oposecl e~p~s~on ~vill accux• ~ a~a~~~o~~imate~y 20 l ~, ~~ of lac ~iia~l pla~se off' clos~~re co~ast~~uc~f o~., The ~lmin~ o~ c~on~~~c~io~ mill be d~c~fltcc~ In Pant by a~ca~uaiu~ ~~a~te val~t~x~.e~. C~osu~~~ of the ~and~~~~ ia~clude~ ~~c cn~.neered coar~r ~y~ter.~, ~a~ collcc;tia~ co~~oz~c~~L~, ~~ the sl~r~`ace w~teX coza,~ols ltacluded a~~.A pc~~ ~pp~iG~~~o~~ docu~z~c~s gad app~ovcd by ~e ~,~, The City, as ~ca.~. ~s tae ~.'C,~ mad Shorbt~xne County, w~~~ be iao~~ed p~ l~pexad~~ phased clo~`o a4 the F~T,~ ~~vr to ~nl~~l~~ion orc~o~u7Ce Co~L~~,'uC~O~~ The de~~~~ o~tlaa PAGE ~~~6e Tt~O'747~~~~Ob7City~ppPeA1'(~,~~pa~c,~in~l ~2~.~oe ~~~ 0 03~ ©~~20~. ~ 15: ~. ~ -+~ ER~GGS ~~~Of~GAN rVfPLS 1 PAGE 2316a .• ~ •~ .. ~"~~1 c~os~x~o p~~o~ect w~~~ bo de~~i~ed ~ lac ~~o~~oa.~on ~o~= ~~,a~ cZosu~o ~~d ~r~~1 v~c~ud~o ~ ~~ ~o~x~c~~on process fox ~'ogu~ar custo~~era and u~ axes ~aet~~spa~~cxs, Addition~~lY, the ~,~I. ~, w~~~ past a. ~~~ a~ ~~ site's c~~Cance ~0 days pt~or to c~os~~ for waste accc `~~Zee ~a~ p ~~ no~~~~xes ~~a~~~ custa~~c~ v~ tae c~os~arc date aid aifior.~a~cve c~sposai ~acatza~s, Land~~n ~~u~1 clos~uc ac~v~~ies w~~~ pz~occcc~ w~~ ~.~r~y days o~ ~~cco~p~ o~ ~hc ~~~ fond o~ was~o. '~~e ~~, will u~da~e ~,c C~~y as to ~y revis~a~s ~Q ~lti~ c~osut~e ~cq~aonGe as izacor~~~ wa~tc voles ~.y Ghar~~e ovex ~~ae ~~~e o~~kte prd~~ased e~p~nsion. ~':1D7~211QOtik:~~y~~r~~] I~art,~fino~ ~j,dpc ~~~ a3~~ aal2a~ a ~ G p ~ 8 -~- ~R~:GGS ~~~~1o~~AN ~~9PLS ~ ~'o~-t ~n~. ~lxa~.l~y, C~~ 11~ z~.o Cl~ Codc xa~uaa°e~e~.t ~~~t ~~e ~~~~e-rua~~~tcd bt~'~'e~ be laca.~ed ~rttb~n tae Ste" fee below, ~3, "ol~c~ w~,~~:e f~c~~l~o~,f- ~~cl~~~~~~'~~~~l~~ry l~~dli~,~f ~~~ ~aot denc~ b~ the ~~~ Co~c ~o~~~~~de ~~ b~c~r ~rc~. ~e~;~Yan 30~1$~~~a} provides ~~.t " ~ 1i ~~~te ~`~~c`I' "~s 9hal~ ~a~~~ be po~.a~tficd nor co~dition~~ ~.~e~ zn. any ax~c~r ~oni~ dis~aiC~" otl~e~' the ~c ~~VVr ovez~Iny district. ~~.15 ~ena.~l~~~~~ 4ddc~l,}" ~ec~~oza 5$~l rl ~. ~~lt~rates ~hrit "~~~q ,~~..~x~ ~y_ ~~~e .~~i~l...~ ~b~~ b~ ~vcated or ope~~:tcd ~ too city e;~oep~ ~~~. those ~rcg ol~~hc c~ w~aex~ each u~e~ c ~ ~` a~~.uwed a~ ~ ~~~~xutted a~ co~.dz~ion~ u.~c undez cba ter 3Q a~~icle "~`' - z ~ ~ ~ ave;riay dts~•lot. L~.1~6 ~e~.~ph~~is ~dded~, $ut ~e~e~ the State~~a~nd~.te~ ~OQaC~oot b~~~cx nor ~ ~~ez beer i~ wii~~~ the City Cade's C~~~~JI~~.T.Dn o~ ~+~o.~i~d w~te ;C~cility" o~ ~i~~,~~~ty l~d~ll-" ~'ox e~a~~~e, ~ SS~~ 7~'~ "~~~e~'~Forn~aanCe ~t~ac~a~ds" r~~'owl~ lln~t "s~.tu~axy~ l~a.d~~xs" to whcrc wae(e ~S "dispo~ea'' e~c~us~v~ of any ~~~ axes, l~o~ ~.e clo~z~x~ c~~~ "sa~"~tta~.y la~~~''~~~,-' ~5~- 17~~~~~~~ ~} z~e~uizos ~e ~o~~ow~.~~ de~cx~~~on; ~ detailed dc~Gra~~~o~a o~'~~ae lae~.t~o~ o~tl~c co~n~leted gataaxax°y laa~d~~! site ~~a~l bo ~-~coxded wlt~~ ~e counter a~e~i~te~ off' d~ccl~ within c~~ ~aon,~b ~l:e~" ap~~ov~ oC ~.e c~osuxe o~ ~b.e lax~d~ll. rrh~~ dc~c~~ip~ion ~k~~Z ~z~.clu~.e ~~1)~ `~-~ ~encea~ tyke ~d ~Qca~~v o~a~~~o~l~od sQ~~d wa.~~~ C~?~~ tae ~oca~ioza o~'~alaa~ed ox s~.,~cd ~~ ao:~~10~ w~a ~~~}~ the type ~.~d nurr~1acr oC ~~, o~~~r~ ~~ ~~~ ter~r~ ~Icscz~pfi~a~a~, s~to ~~yr~"o~eolo~ic cp~c~t~o~~S~ aid ~~~}~ at~aer ~e~-~~ent char~ctexi~taes of ~o con~p~eted s~~-~ ~~~lx s~to, 1~~.1~~ (e~n~~~~s~~ d br~cl~e~ed i~~o~~tio~ adcle~l~ ~~.ty ~odc also st~.ctly cle~~aes "~~lid ~~gt~e ~"~c~ity~" ~ol~.d~,~ "~a~t~uy l~xd.~ll~," as being ~~znited ~~o the "dl,spos~l.'' ~re~, ~cl~ive of ~y b~~Cer a~'ea, ~~ty ~od.e ~ 5~-91 de~~es "~~~olid ~v~ste fi~clllty'' ~ ~ollov~s; PACE ~3~Ga x~07d211Q46VCin~ApyiFeD1F~ ~~po~s,~nr~l (2).doo ~`~Q 0Jl09l2©~.~ X6.1.8 ~- BR:CGGS iV10f~GAN 1~~1PLS ~. PAGE ~4l~~ ,. ,. .. _~ Solid was~~~a~.~ili~y ,~ae~a~ ~~ rap,, reel or ~erso~a~, ax~cluda~~ ne~a~vo ~.d r pos~~~v~v ea~~,e~~',g ~-nd wflte~ ~r~d ~° ~z,~~,ts, C~~}~ ~' .c ~s Qr ~.~ be z~~~~e~ ox u.so,fu o • e ~v~Q~~ ~~~ ~~r~ o~~~ of ~~~~~~ aid fox ~~~}a 'a~ ~acc~~n ar des col a .oc~ase ~,~ ~~e~ ux~~~~ under ~~~ r~v~~ia ~~~~ ~ ~ e. Solid w~~~c faci~,~~j incl~ide~, ~u~ ~s ~,o~ l%i~ed to, ~-a~,s~er ~~~.~ion~; 9 a '~ ~~~~; so~,d w~~ . p~ocu~~in~ fACZ~~~~es, ~acxudi~~ ~'e~oui•co xecovexY aid wa~~e xe~u.c~~on, fQC~~i~ie~~ and w~.s~e ~uZ~l~ ~~C~~~~B~ 11~C~~(~.~n~ i~ac~~e~a~0~'~~ b~X~e~s a~~ oe~ ~ac~~~~ze~ fog bu~~~zg ~~gce~~er~ o~ uT~p~'QCe~~ec~ ~o~id wane. ,~d, ~~ta~~c~ ix~, or~g~a~; urador~~a~kg a~.d b~'~c~ei~ed ~aforma~iQ~a ~d~d}. ~i~~ew~sc, C~.~y Code ~ 5~p9 ~ ,gpeci~ca~~y c~efuae~ "~~~a~a~~ary ~~d~1~" a,~ ~'o~~ow~; Sar~i~af~ landf ill ~ne~~ a ~o~d waste ~~.ci,~~y ernp~Q~~ ~o~~wd of d~.~ ~ti~~, of Q~~ ~~~~~ on o ~ ~a~o 1~~a~ b va~"~o~a~ forms of C~~~~ e~cava~irnx~ C~~~~ p~acergc~at, L~3}~ b~n~a ~~~)~ e4~p~Gt~o~~, ox C~~)~ CU~en~,~a w~~~0u.~ C~e~~ 7~u~~~.xCes ar ~~,~~,~~ ~o ~n~b~~c ~a~~~~~ or sa~e~Ya by ~1~ili~ing ~~ p~•~c~p~~ off" e,~g~~c~l`,%a~ ~o con~~~e ~.e ~o1ic1 wr1~~'~ t0 ~ 5,1,~~~~e~~ p~'flC~tCfl~ ~"~~~, `CO ~'eauce i~ ~o ~~~ ~'~~~e.5~ ~~aG~C~I vo~xu.~~~, ~x~~ . ~o cover ~~ wig ~- layer of earth ~~ ~e co~c~~.~~,on of eaG~ day's opera~ian~ qx ~~ ~ucb. nao~ fxe~uen~ ~~Ezv~l~ ~~ ~uQy ~e ~"equ~~'ed by the ~~~e po~~'c~~~ion coz~~.~o~ age~oy ox Id, ~~t~~acs ~u, oti~; ~ra~er~~n~ ~~d br~e~eted ~~a~vr~a~t~o~a added}. S~a.xer~ o~~c~~w~~c, City Colo c~e~~~,e~'~~~~~~ry ~~nd~l~" as l~aa~ted ~o t~E "d,' ~ r ~, 0~9~~~.d wane 0~ Or x"1'1"0 ~,~~ b}~ v~rio~~ for.~u, -r ~~axap~~~~~~ a~Id~d}. ~~d Wane off' ~.e ~~~e "v~.~o~~ form" of ,tpo~~~~r~ ,., i,e,, ,tC~~~~ e~cava~~or~, C~~}~ pl~c~no~~~, C~3~~ ~aur~~.z, C~~~~ c~rnpao~xor~, or C~5}~ cq~~~ac~~oz~'' ---~ ~~clu.do~ ei~e~ ~. 2~Q-~'oo~ buf~ex rcyuit•~~~on~ ax n ~'e~~l~`~e~~ ~~a~ t~xe b~~e~' be wi.~~~~~a ~h~ SwF a~er~ay d.z~~x~ct. M~C.~ ~~aa~~~~y c~e~.e~ "~c~~a~~a~a~ fac~~~~y" ~~~;~.. S~~t. ~ ~~ ~~~.03, ~ub~. ~ 0; M~rv~, R~ 7035.0300, s~bp. 34}, ,rC~~.c~~z~y-, ~~. R. 7035.0300, ~~.bp. 377, ~~ "C~]~xe~ na.c~pnl ~o~~d wa~tc ~auc~ r~~spo~~~ ~~.G1~~~yff ~M~~~n. R. 7035.4300, ~ubp. ~4~ a~ ,~~ited ~a whe~"c ~v~~~e ~~ d~~po~ed af, ~xclu.sive a~' !fie b~~££c~ oz' ~v~b~,c~ a~ca. u~ C~~,~ Ca~~ ~~w~ Rio o~~er ~~p~~c~.bZ~'r~~~~~ck" ~~equ~xe~~aa~ x;Vp~4211~f06~~it~'~1.gp1~abl~pl~cpp;t ~p~~}~dvc ~"~~ a~~09~2©~.~ x.6:13 -~ ~R~GGS h~~~f~GAN ~Yli'LS 1 ., .. 1~ der ~ 30®~~34(~}, :~~~ ~e~~~l~ed ''se~las~c~~'t ~~~~~x~ ~~ ovcx~~~ di~~~zo ~~ the s~,~e as ~'~~ '~ ~e~bA~~°~ v~~~~~ ~a~. ~, .°~. I~, D~v~ 4 for ~bo "~R~~~t~~,y~ ~~~~1~" ~~ ~~~~~c Forpu~o~e~ o~t~e ~~~F ove~~~y dls~~.c~, ~ ~o~Z~3~~c~ pxovXdes ~~~~~ "~"~~bac ~ .. a appl~eab~e ~~ ~lae ~~aade~'~y~~ zoo cli~~~ic~ ~~a~~ bt; app~icaU~o, subject to y ~ddl~.o~~~ ~~1}~ r~ u~n~~a~, CCU}~ ~e ~~ ~~, a~~d ~~3 ~ ~~nda~~~ wl~~c~~ mu~C `fie ~~tak ur~ua~~ to } p th~~ Codo ~vr ~~e e~~ablis~~~ae~t and oper~t~o~, o~'sol~d ~~ra~e ~~ci~i~e~-~' ~~. ~S ~e~p~,~s~s ~~d bxaclce~ed ~~a~or~a~~i4zx added}~ ~,ccax~in~ly, e "setback" ~equiromex~t~, if may, ~r~~hix~ tae S~1UF oVe~~~~.y dl~tzze~ for ~ "s~~i~~zy ~~~ad,~~l" ~tre a~ re u~~;ed, b ~~e Cx Code ~ Y ~Y C~a. S ~, `~, ~~~, L~~v. ~~, ~, ~x~.y bode Is, ~, ~x~, ~, biY, ~ co~~~~a~~ ~q r~~~~:~1~1C~~~f ~eq,~~l~em~ ~'Ur ~ "s~~l~~~y 1~~~c~]I" Cla~pte~ 5~, ,frt. ~~~, Div. ~~ pxov~de~ all o~ tl~e C~~ty Code's '~~l~~rc~a~~zted ~r~~" {i~, ~ ,~ $~ ~ 7I }, t' ~~~~cer~se" ~i~. ~ ~ $~ ~ ~2}, "~~a1ua~nuxa~ r~ti~.re~~ae~~.~s" did. ~ S ~~ 17~}, gad "~~~t;x~t}aC~na~ce ~t~t7.d~~~'' ~ir~. ~ 58M~74~} ~'or "~ta~y X~~aar~~lla." ~~. ~4C, ~'o~.e of ~c~~e ~o~~x ,~ect~o:~~ eves ~r~~~bly ~~clude~ ~i~b~~r a ,f~etbacl~" r~gtaire~e~t ox ~ xequire~e~a~ ~~.~ such ''se~~~c~" he ~oc~~ecl. wat~u~ ~C~e ~~~' avex~ay district. c~ ~9ho ~cver~l a.~~lic~b~c ~~~es p~ eo~~~iuc~i,~~ ~v~a~~r~~~ ~~'~ po~~~o~ ~~c~a o~`~,e applic~b~e ~~~e~ o~'GQ~~~uc~a~ ~exnf"orce~ ~~at ~a,c City Code does ~o~ xequir~ ~lae ~ta~e-a~ad~ted ~OO~~'oof b~f~`er to ~c v~i~u~ the S~F ovexl~.y di~~rio~. ~l~e~ ~,~cz`pre~~~ a~ as c~~~~ee, ~,~~ Cou~'t m~~t ~~~~ de~erx,e wbc~aer tae axdu~~.Gc ~a~gt~~ge, on ~,ts ~`~.cc, ~~ c1e~r or a~a~bi~uou~. 5'~~ Gomon v, N'o~~~~~lajzc~ ~~~r~.ily ~`l~ys~oi~ns, ,Z~~., S N,'~,2~ ~~~, ~~ G x~.. ~oo~~. ~~t.~e ord~~ac~ ~~ cl~,r on x~ ~'~.ce, ~~.~. ~ii~ P~iGE 45~ 6a ,. T:L074~1~'46b1L'J EyAp~'o~a~ I~apan 8~~ (~},Ooe ~ ^z~ ~~I~9~~0~0 ~.6~ 1s ~- E~xGGS IVI~RGAN ~~~1PL5 ~. l~~GE ~~~60 Crnzxt ~us~ ~~ve e~~'ect to ~~a~~ ~1a~n x~aa~t~~, azad ~o~e ~~ ~.a z~oo,~ for ~c~~ ., co~~~a.c~o~. See,~f~~^iGan ~'o~w~r', .L..P. v. City o~'Grar~~, 63~ N.w,~d 3~~, ~~~ (~iaaz~, ~DO~}~ ,~cs~t~ v, C'oz~n~j~ a,~Gao~l~r~e, No. C~~OO-4~~~, Z~oO ~T, ~~4~4~8, ~t'~~ Minn, ~.pp, ~ep~, ~ 9, Z000~ (T~~. ~~8} ~c~~ Glen .Pas~d Cori .~ei~ls~arhood ~s-~rra v. ,~as~er, :, ~3"~ ~.~T.2d ~?_, ~~ ~~a.19~9}~a ~'~~c~rson v. ~ull.~r~o1z, X19 N.~,~~ 20~, X07 (~~, ,~'pp, 2D00}a .21~t~~~lrzs ~. Churcl~i~JP G~6 N.~U'.2d 7~~, '~G7 ~~7.rua.. App. DODO}. ~n ot~e~ u~oz~c~s, :~ cif bo~xa.d by the pZ~.s~ ~.~u~ge o~ its oxc~~a~uce, Sep Save .~an~e~n 13ay y, Cass C'D't~lYtly Pla~~n.~f~~ ~o~~n`niy ~$~ N.~.2d SGT, s6~ ~M1~"!. ,~,~7~. ~oD~} ~'~~~,i1~d~~~~a~~l ~,'o a~ ca~~t~~,c~ioz~, v~ , o~cl~~Ce ~~ lac ~e t~a~~ ~~'~~xoll~~ ~be coz7.s~uod ~~a ~,~;co~d~~co wi~~ tae p~a~~ ~~. Q~d~~y axaea~~~ o~ ~~~~s ~~~~9tr,~ ~(~ll0~1.~ ,~0~?lGY V. Cf~y o~'~`tr ~o~i~ ,Park;, G43 N.W,~d G~~, ~G~4 ~~, A~p~.}, rev~~w d~ni~d ~~.~ir~„ auk. ~G, ~002~}, Vii. o~~~~zxe~~co ~s a~a~bi~ou~ oa~,y ~f ~.~e ~~.n~~~o ~~ ~u~~oct ~Co mare ~G~a~ ~~.e z~~sozaav~e ~~atc~px`et~~~or~. See ~Pnerlcay~ .l/a~n. Ins. Gtfolc,~ v. ~'cjzr~oed,I, G~ ~ N,w,~d 27~ ~NMi:nn, ~000~. ~`~~~~ Cauz~ m~.y ~oo~~ bG~'o1ac~ ~a~ o:r~~arace ~t~a~u~gc azily ~o ~~esalve ~ ~~~i~u~~y, xzot ~ cramte ore, ~S`ee .~rzok~on, G~ ~~N.~N.~d. ~~ ~D7, ~~,c City ~'~.al.~d, ~o icl,e~a~~y ~y ~~7c~ bz~ ~~ tie City Coa~,~, ,~, ~vi~out ~.c~ ~ ~~~~,~~ty~ ~k~~ City is bound by ~~c p~~~ ~~u~u~~e of t~z~ City Code o~, ~ pp~aa~, cu~~~~.r~ed ~~ ~~vax off` ~a~ ~s~z~c~awz~~~• ,A~~ o~'c~i~a~za~e ~~ to be co~a~~~u~d ~a ~~~~ i~ does zao~ via~~t~ ~e I~w ar public policy. See Rasrnussen v, Glass, ~9~ N.w.~c~ ~0~, ~~4 ~~a, app. ~9~3}, A~~, ~~ the I~tad use ~azzte~t, pu[~I~c pa~i~y ~~vax~ t~ze eon~tl.~G~.o~ ~ti~~~c~~ p~~zu~ the 1~nd ow;~er's pxapo~cd use. ,~'e~Da~l~y v. Gity of.~ongLa,No~ C~-~~$~~~~3,1~~9 ~L ~~8~3~, ~.~ ~~ ~~- ~,p~~. ~aa~. ~, ~~9~} (~;~.14~~ ~~~d~~ ~a~ ~e public policy rule off' co~a~ct~oaa ~'avoa~s ixa~ea~~c~~~iorz zz,. ~'avox a~ ~~ad oww~ex'}. ~;1p7A211~061Ci~A~,~'~h1~©3 ~~or~ MaJ (~},~o~ ~ ~~~ 031 By120~. 0 ~ 6: ~ ~ + ~R~GGS ~~iof~GAN ~Y1PL5 ~ Con~t~rued ~~ f~var o~~~~,, ~aex~ ~~ .no City Code re~u~~~e~ne~t that t~~e ~ta2~w~~~ated ~a~~~'oot bu~'Ee~ be ~ac~ted w~th~n the ~ av~t~~ay d~~st~ct. ~a~~~,•ue~ per ~e u~~~~~~y~n~ QQhcY ~o~~~g ord~~~ce~ ~.ust~ be co~~S.~exed ~~. ligb~ a~thexz• un~cr~y~~a~ pa~~cy ,gc~a~~. ~'~~ ~"f~afa~~'s,~ut~s~~y Saps, .~i~c. ~. C'z~ r~~',l~~s~wilte, X95 N,U~',~d ~Q~~ ~0$ (N1.i~a. ~~~0}; s~~ - ~~so .~ea~ical S~~'vs,, T~tc, v~ ~'lc~ a~"~Sc~v~~'~, 4~~ ~'.~N.~d 2~~~ ~4~ (~it~a~ ~.p~. ~ 9~~}. ,day an~bi~~~y ~ the C~~~ bode reg~rdi~ag v~h~tlter she ~t~tep~~.id~ted X00®~`aot buf.~e~ ' ~~s to be ~~c~ted ~v~~hi~a ~e S overlay d~~~act i,a, thcxe~"axe, ~o be co~a~~ued per, ~e pu~pvsc ,~OX the prov~s~o~ ~~ z~~ue. '~~ae Mate-~rn~x~da~e~~ ~~D~~"aat buffer laa~ e1~e~~hore bee~~ applied ,pxec~se~y ~~ e.dvoca~ed ~~e ~by the ~~- ~~. ~~~. ~`lae C~~y cod, -~he~•egQxc, au~~a~t in good ~'~i~la th~C ~t~ pu~~ao~c ~~~1~ be ux~c~~xza~i~ae~ by the ~R.~,'~ cvnstrt~ot~o~a, ~u.deed, tho City st~i'f ~rev~on~ly ~~reed ~a~be~~ ~~~p~ci~y~ ~vl~ the ~P~.'~ pda~~o~- ~x~ re~~Q~~e ~p the E~.~., and'~'~l~ext~ Oc~obex ?(~D2 a~~~xea.~4~~ to e~p~nd ~rha~l: tk~Q City sra~fi ~~a~bbed tb~e ~aa~~ag ~~cv~~~ox~~~t" cif the la~d~Z,l ~ SQ ~~eti ~~ta tho State~~~a~da~ec~ Zoe-~`oo~ bu~fea•, the City ~ta~~ ex~~Iait~~~. th~~ tlae ~u~~r~se a~tl~e ~ta~e~~a~.c~~~~~d ~U4pfovt bu~;'~x ~~ E~o protect ~~e ~d~~.C~n~ ~~I~.OW1~e~'~r "aid v~.lues." ~~,, 9S at 2~3 ~"Ct~l~e Cux7C~Z~~ two hu~udred ~200~ ~'oo~ ~~.~~er ~~r~~~a w~~ic~, ~~ ~v~s theca ~ee~~~g t4 e;~p~~~d~ ~~~.~ ~tE~ ~~~ p~~ee to ~a~avide adec~uat~ screening ~~~ dl~~~aee be~~ee~ ~a~.ci~ll a.c~v~b~es ~~ the ~T~11e1'~ ~'a'°~e~' to the so~~a to help pro~ec~ ~Tx~le~~'~~ ~~ad. v~Iue a~;d Zt ~~pac~s o~. ~u~.~xe us~~ a~ fat propoxt~y~,} ~~~h the neig~bor~~ag ~~ad,owne~ to ~e ~~a~v~li~ S ~u~t~y L~xad~~li ~~a~. ~ 45}, adj~cer~t ~~c~o'~ne~~~ ]il~e '~~~ler Caere, can ~xo~ect tla®uy "~~nd va~ue~ ~~ by ~n a~t'~emea~t ~~~th '~~~ ~a~dfil~ ~e~~rd~,g the ~~ta~~m~a~~~e~i ~ UO~~'a~t bu~'e~', ~a ~~ct, x~ ~e C~~ty ~a~~a~d ca~~i~~~ed its pity Code a~ z'e~~~ the ~tat~-~~~,d~ted 2DQ~~aot bttf~ex to bE ~o~t~ ~~t~u ~.~~ S'~T~' ove~~~y d~~t~~at re~~rdle~~ o,~ ~;y ~.gxceaaaeut be~vee~, a ~:~ ~, ~ T~~ox, ~i~~a~ ~~ uro~u~d ~.v~ ~~id so a~ r~o~~e to tine EP~T.,'~ ?ODD ~p~7~~ca~~o~. ~t did SAGE X7160 ~r,v~~azuQ~~cyn~r~~u~b~ wtt~~ ~~~.apc ~~-~~ ~~~e9~~ea.© ~6. ~s -~~ ~~~~GS ~Y~a~c~r~ ~V~~~s ~ zao~t. Id. ~a~~~~d, ~.~e C~~ s~ff s~uaaply r~~z~~~~d that ~~e ~~ aid ~~~~ea~ ~a~d ~o xe~~~~Y with ~~ ~Z cx.~~~on regr~~~. Id. co~~~~rt~~c~ co~n~~~~~~t ~~~ x Go~~•~.c~: o~~s~~~on~ .may ~a~~gcx~ty'z~ ~o b~ z:tat~~etec~, ~v~aez~e po~s~b~~, ~o n~ ~ao~ to confect ~a~ck:~ ~c ~va~ag boc~y'~ coxa~Rac~u~l ot• o~~, req~~~o~nent.~. S~~ ~'~rc~uss v, G~r~~b~~~;, 2~ S ~~. S~, ~~, ~5 N.'~1'.2d X30,1 ~~ ~~ ~~4q~~ ~"T1ao zoo ord~~nce ca,o~ ~~'~ect ~~~ pb~i~~~o~ c~c~.~e~ ~y ~racla a"~st~.c~io~as C~~ covo~~,t co.~~~ncd z~ ~ee~1~ ~.~~~ c~t~ot i~~~ix ~,o con~ac~~u~ Qbli~~~aa~~ ~o ca-e~~ed"}, Evo.~ ~au.~~ ~~.ore i~ ~o o~~.a~ ~oo~a ~o~ ~~~a~fi~11 o;~p~a~zQ~a a~ rho e~~1~~g ~ ~ 7.~h~c~~ ~~~~~ 1a~'o~c~.y~ e ~z~ pre~rl.ou~~y ~epro~cn~ed ~o ~~i~ Couur~ ~~t tlae p~e~' ~0031~o~C ~onnn~u~ty .~,~x~~i~nen~'s "~a~~ati~~ c1~~~•~y xef ea~~ ~o '~~ ~:r~~ons ~ .. ~~a.o :~~aad,~~il~ aro ~z y~~~ n0~ ~0 '~~~;~~~~~On~" bra ~~~ ~o$, 8p~~~~ ~~~ pxo~~e~-c~r. ~1~/~0 ~~~y .~~ .~ Pro~os~~ ,~Z~~.o a~a~ (Jrc~~x~ a~ ~6-27; X21 ~ ~I q~ pity .~1~ .T a~~1 ~~g~,e~t. T~~ City's j~cl~c~a~ e~~~zota~ r~c~ulcl ~o ~~o~e~~~c~.i~ ~~' ~ao~ c~~i~~e~~u.ou~s, if has i# ~a~ c~~~x~s} klze St~.teW~~a~~d~.~cc~ ~Q4~foo~ b~atfex~ ~.ad ~o b~ w~.th~a t~~ ~1~'~ vverl~y d~~~~, ~~~~~by b~.rri~,~ gay ~,~~p~s~a~a~ . , , Q~ ~~ ~~~d~11 p~~o~c~°~y,,, ~ ~k~e C~ty'~ "~GOOpe~fa~ion" ol~lig~,~io~a lua~e~~ Sao 200 ~~o,~~ Co-nr~a~u~ai~y .~g~~ee~c~~t wot~~~ ~~o ~~ xend.ez~ naoo~ by ~ St~t~~ec~t~ ca~t~ai[}~ i~ a parry's pla4d~n~~ are hay}ding a~ t~~ec arty, ~~~~1(hey ere o0x~91d~~~Q Judlcxal acir~~a~sion~, I~~ud~r~~t ~~, Ujtt~ec~ SC~te:~, ?~4 ~,3d 747, '~~~ (~1h G'ir, ~OQ1), ~rz r`e Cra-~fard, ~7~~ ~,'.~, 795, X04-05 (lat. ~~ Cyr, ~Q~~}; ~~d1~fo~aF~l~ac~zr~~ra~~~e Cv. v, ~r~ot~aul.~ias, Cb~, 757 ~,2d 5~~, ~~~ ~~d Clx. I9~5);,~o~F.~c~~~1PrE~i~ePS, ~v, Ciry of ~r~ir~~~;~or~, 90S ~,~~ ~.~~, ~~7-~$ (S~a ~~r. I990~ ~cr~acing st~tcm~ta~ ~y pp~tl~~ n~~eda in brie~'~ e~ judiclAl ©cizn~s~~o~}, ''Jud~ciul e~~cY~noy da~~a»ds t~iAt e ~~y gat 6~ a~lau~cd to co~trave~~ ~vl~at z~ ~~ al~~~dy ranegt~ivocally told ~ carart by t1~~ past :~a,~.~1a1 and cot~sldoxed m~~.~ae p~~s~b~~." ~'~~.u~C'~ta, ~~'~ ~,~rl ~t 7a~ (tlua~in~ Soo Ltfl~ R.,~, Ca. v, S~, ,~au~s:~iv..~y. Co,, l25 F.~~ a8~, 4~3 (7th Cir" 1997}}, ~,axQ C~~ dc~~trx~,~ o~jtrrlicia~ e.~top,~el ~r~veaais ~ party ~rQ~~ t~x~~ in~anslstvnt pos(t~n~n~ i~ tae s8~lla v~a~latcr~ Iiti~at(on. SFaFa v, ~'i r ~t, a9~ ~'.W,2d ~5~, 4~2 ~~vlir~n, ~~9~7;,~ossatn[ u, f~, .~alo,1~1ed. CFr:, l40 ~.3d ~ 140, a ~~~ ~8tla Cis, I99S); Dates a T.o~~~.ZrlQ,rd ~.,~ Co,, X97 F,2c1102~, X 0~'~ (~d Cir. ~ 993, rub#ci~l esta~~~ei s~ ar~~a~ecl''tQ p~vF~t the ~ntogxsty of tae ~ud~c~a1 process ~~ozrt e perry who pI~}-~ fast a~~~ loa~~e wlt~ ~~c co~at#~." Prof, ~~I N.W. at 9~.; ,i~~'arsQ~~i, 144 ~,~d at I I43. `~fae ~}u~pa~ee o~ [l~~ doct~an~v oaf ju~xoiel eata~~el s~o to Ij~~e~a j~~iofal ifnEegrity uy aveicling tl~a ~1~~ ~~'ha~o~s~st~aR ~rosulf~ ix~ twa px~ceec#ia~, k~''o,~sr~~~, t4a ~.3d at 1 ~4~, ~~ar~ Y. Saf~ltc~ G~a~~s Corp., ~2$ ~.3d ~8, ~~ (~a, tr~r. 1997}. "[,A,~las~~~t ~r1y food a~plas~~tzvn, ~ ~a~Y should nat he a~lowe~ to ~a~u au adva,nta~a by Iit~~atlaq a~a o~~~ ~l~~fr.Rya t~,c~, f~~c~ s~ar~ an inco~~~~stc~~t: ~dv~~,t~go by pur~it~~g a~~ ir~cvmpatlbl~ tiXea~y." Z $ C. 'G~~~~lk, A,. ZvT.iII~' ~. E. Coopex, ~~de~ l~a~ti~c ~ Proc~du~e ~ 4477 at 7$2. ~~1€~ ~pzoach ~aouse~''d~rectly o~ ~e cl~lr a(, inconsistent ,res~lts ~rtd tho ~~ca~ved uns~~~li~css ol~a litl~ant's cp~~dtict." ,~d, ~t 7~ L PAGE asrss T:~D~4~1}4pGlCitynpppcb~S~~,~a.~.,f~na] i7~~doc ~T~J 0~i'09I201 ~ 1.6; ~, ~ -~- ~R:IGGS ~y1~RGAN f41PL~ ~ Pa~E a9f ~e ~o C~ty'~ cu~,~~~ ~~e~p~eta~o~a o~'~t~ ~~~y Code. ~uc~ co~n~€r~act~o~a ~~ ~o be ~.~o~ded, S~~ C~l~r,~a,~1~ U, ~~ra,~szc~~vn .~~11, .Trsa,, ~~~ N.~w.2d S~~a 5~~ ~~~, X994} (courts "'w~~~ ~~~~~~~~ to ~.~ro~d ~a ~.xcxpa~ef~~a~ o~~~c cont~~act i~a~ would ~a~d~~ ~ p~~ovi~~ia~ co~~~~~ue~~ ~o ~s ~o ~-~~.d c~a~~~~o~p~ a~ ~~~~n~io~~~~~ wbcre ~, ~oxLi~~ body c~.e~no~a~~~atcs its ~b~Z~~y ~o ~-c~.~c~c core p~av~.s~ons, ~~~~ ~~~u~e ~o z~aclud~ odor ~~~~e pro~i~~o~a~ c~~~cwh~re ~~ to be ~e~~ea ~~a,~t~ona~. S~~ ~~~~~1ra~ad v, ,~~~min~o~~ .~wp,, ~'o, ~;~~-~4~35~~, X994 ~w~., ~9~36~, ~t ~a ~~. ~,pP. ~-~.~~, ~, ~99~~ `~ ~:~x. I ~~) ~aa~~~~io~a o~ uczfi~~~ c~Ytox~~; ~xoz~ tow~~ o~~d~xaa~cc ~~~c~umed ~~te~.tr on~~} ~c~t~,~o~tjalanc~ Cot~~~~r~ ~tu~ v~ ~~~f~llx'i' o~`~'~xa~ip~~, 30~ N~in:~. 2d5, ~70~7~ 2~~ ~1,w.~d BOG, ~Q9 ~~9'7~}~, ~~ero, the Cz~y de~mo~~tz~~ted it~~ ab~~ity ~aot o~a~y to adopt "~etbac~~~" w~fi~~~ ~~a~ Sw~ ovc~~~~y ~~~t~.ct ~~ 30-~$3~~c~) b~u~ ~~~o to az~cQ~poraCC by referc~ac~ p~r~icul~r ~x~te a~e~ ~~ 5$r~ ~~~~~-~9)~, ~u~ ~~e City d.~d ~o~ adopt tie ~~~~~rn~n~ated ~OO~~oq~ bu~~cr a~ ~ r~~uired "~ctback," lei ~o~c a ~~~bac~ w~fi~a~a t~~e Sw:F ov~r~~.y d~s~~~ct, T~~~ orr~s~~o~ ~~ to ~bc coaa~~c1 ~~ z~.~ent~o~a~t1, -"'-'~'-"RV.~ ~ Ci~~ fir~i~v~ typ~e~ ~~ c~i3~l~~nuo~~~~iess o~ ~'e~~u~y 3 by insister that ~'~., su~~~3~ ~ vat-b~v~vn Cl]~ ~~d ~.~ce,~~~ ~maiadm~n~ a,~i~cation ~~r she ~3.~-uc~~ ~pat~si~q. fix. ~~'i, ~os,~it~ ~City'8 ~~o~ r~~rc~nta[iasy~ ~o tk]is Go~rt;a~d t#1e la.ci~ o~ ~y ot~ac~,~~goc~-~'aflb b~~~ ~Q~ its caztdu~t, ~~, a~v~$~~ City on ~'~i~rvazy 5 ~aat xt wouFct da sa. ~, ~,~~, 'r:~o~~a~i~za~~ciq-n~y~~au~~~~r~ ~n~~~y.aoo 3p~G 0a1091~0~.0 1G: ~.U + ERxGGS h~1aR~AN ~y1PLS 1 i~ACE 50160 ~~lY1nZJ°~~Gon ~'~V,~., .1'Iol ~\,"~~"~~~ I~ ~~~~ ~J.f ~~~~~r L~i~ ~~ ~~~J~J.~~r ~~~a ~U~. ~~ ~~J~} ~;~. ~~Q~ ~o~x~s~xo~.a oc~r~~va c~~~~~ fi~o~~. ~ow~asl~i~ o~c1~a.~acc ~are~u~;ed ~n~~~~io~~} ~G~~i.~g.~ra~lj~la~d ~oun~y flub v. Car~~~~~'p of 7'crxa~lo~~, SOS ~~~a. 265, ~7Q,'~1, 241 ~~ea'e, rk~e Ci~y dez~.o~s~.~a~ed ~~s ab~~~~y nox Qty to adopt ",ge~~7~C~~" w~~~i~ ~e S~~ ~vez~~~ d~~~nic~ ~~ 30p~ ~34~c}} ~a~x also to uacor~o~a~e by xef~xe~oe p,cu~~ S~~~e ~Ie~ ~§ ~~~~72~5}-~~}}. ~u~ Abe ~~cy ~.d ~aox adop~ ~~~e ~~a~e~~~ndatecj. X00„~'00~ bu~`e~~ a~ ~ ~~equ~red "~e~bac~~," ~e~ a.~o~~~ ~, se~bAC~ v~i~~in the SVU~' o~ear~ay d~.~t~ic~, Th~~ Q~i~s~ox~ ~~ t~ be co~a~~~ed a~ A~~~~~~io~a~,. ~'t1~}7d7.1i4Q61Ciq~App~~h1~$B fiic~oft~in~l uJ,doa ~ ~~~ r 134bS orana ~ar~w~.y ~?l~ ~lv~x, MN 5330 PAGE 5116a ~~~x~, ~Q~,~ ~~ ~~~~ . r./o ~~b ~~~~~~ ~~~~~a ~~g~~y ~~~ ~~! l~~~r~r,~~~~3~a ~: Go~di~aa~~l U~~ ~`~~~a~.i~.A~p~ica~ian~ ~ ~'~~e~ ~7~M~~3w2~~a ~~~~ ~~ for s~bn~i~. an ~pplica~~~o~ for a ~vr~da~a~ ~"s~ ~~ma~ ~~ e~pa~d ~~~ ~~ ~,1~~I ~~~~ vn parcel ~r ~03.2~~a. ~'o~ ~.pp~,C~.~o~. `~ x~c~.ved ~ ~ Cad ova ~~b~ua~y~~, ~~~C~~ ~ s~ ~ co~ap~e~e.~ ~ p~a`~ua~ry' z°~~~~~ o~ ~a~• app~Ca~a~ ~.d ~aa.~~ d~~~ai~~d. ~~~ is ~o~aap~~~~. ~~ ~a~r~ ~~e~x~fa~~, ~~.~du~~d~ ~~~ ~pp.~~r~~n for ~ public b~~ a~ ,~px~~1 ~ ~, 2~~a ~~,~ ~o~~ssi4z~ ~~~g~ Unless ~, ~.,nslo~. ~o ~1a~ ~~-d~.~ ~~~r~~raaaa ~e~~i.e ~s n.ecess~~~, ~ ~o~.nell ~~c~ou on yavr ~ppl~ca~i~~. ~~o~.~d ~ p~ac~ oar ~.p ~9, ~0~~. ~ecc~ ~u.~ ~~Il b~ cao~~.~~~~ ~.e x~v~~~ o~ 3'~~~' ~.p ~~~.~ia~ a~~d ;~ a~r~~le ~a ~w~.r a~~' ~x~~~~o~f~ ~ ~aa~r lave ~.~o~.~ ~~ ~~o~e~~. ~.~e c~.ra ~ re~a~~d ~~ ~~~l~~s~~p6~ ar by~ ~ra~ ~~ ~~ i. ~ it u.~~ S~.r~r.~~r~ ~ '1 ~~~o~~~ ~ ~~bn.~x ~a~~r~~la~a~c ~bec~~ ~~~g, ~~,~Q~n~~ ~d~r~~c~x P~o~e~ ~6~.~3~.aaoa Fa.~; 7~3.4~5.)4~0 ' ' ~ ~~' ~~ ~v~~cl,~lk~rlvcr,ln~,~s ~~~'09~~0~.© 1.6: ~.~ ~- BRxGGS ~~r10f~GAN r~~f~LS ~. ,~ ., ~3fra9120~.0 3.~. J.3 -~- girls, D ~b ~~~~x~ ' ~~~t~ ~~~~a~~~~~~ Ins 4G~ :I~igbw~~~ ~ ~~ ~ ' El~x ~cx, ~ 5330 ER ~ GGS ~V~ORGAN h~IPLS ~. ~~ fie., O~d~.~aice ,Ar~i~dtn~mc `R~~~xdlsa~ ~~~ex ,~e~ Re~t~c~~~a~ De.~• Deb, PAGE 5150 ~~.~ v~re~ ~a c~~c~de~ bob ~.~ act;~e ~.~~~ of ~e ~~d:~ ~.~d tae b~a~~e~" ~.~e~ x~q~c~:d by ~~x~ ~a~ fled ~ tae I,,~nc~~'s Ca~dl~io~.~l fJ~e ~'~~~c l~~v~ b~~~, lo~a~~d ~r~rk~ ~e bounc~~~es of ~.~ Cl~'s ~d~d ~R~~~~ ~~ti.~s C?~~a~- ~ox~in~ Di~t~%t. It hac ~.~ra~~ ~s~n ~.~ C.at~~'~ ~~~ ~~at b~~+ ~~ a~d~e ~~- ~~ ~e~ui~cd bu£~E~x ~r~a ~;e p~.t~ o~ t:~e 5o~d ~1a~te ~actU,tr w~~I~ ~.~e ~nea~~ of ~b~e C~t~ bode, a~aa ~~~ p Qf ~ Solid ~~s~o ~~.~~ ~nu.~~ be locaxed vcrirhin the Solid ~i~e ~~~ 'yes Otre~la~ ~o~ng D~st:~.c~, NQtwl~as~rng tic l~~~u~~~ of ~hc Gib Cvc~~ ~~~~ ~~~ ~1 ~~o~~- a~~~d aar ~~~~£ul fox ~a~ pracessar~g o~ ~.spos~. o~Salid UDaa~ b~ IQ~~.~~d~ri~~~ the So~.d'~T~~~e F~.c~.~s O~~x~~~ ~a~.uag D~s~c~, end ~t~ ~~ ~~e~." histoi•~ of cosnp~~ng ro~~~ ~s ~:~quixemr~,~ ~ ;~a~e~ ~and~~ ~.s ~~~ ~a~ ~o~x~on, ~ ~ ~~~~- ~~, ~0~ ~ ~ett~ to ~~~ s~s.ff ~~d ~ ~uU~ec~ue,~~ plca.dir~,' ,5~c~:buxoe C~r~~~ D~~t,~c~ C;o~~r~, ~a~ ~;e Cz~~'~ Saa:~c~ ~la~~e y ~ I~ '; - Fac.~.xtae~ ~zd~~ace ~~~~ `c~a;~q~~zc~ ~u~~e~ ~~~a~ oi."•buff~ ~ar~~~ pie nog wed ~,~ ~~ b~ ~nt;~ted ~~~~ ~~ ~a~d i~1a~~~~ F'ac~t~e~ U~'6~~1~r ~a~~ ~15~.~~~1~~- ~~.oun~ . co~-~~~~~.d~e~sr~s~o~ ~+~a ce ou~~ Qx`a~~~oving ~ ~~~ic~ve~.'a~~ti`~~.~d~d co~d~ao~a,x use pe~~,~ ar~d ~cen~e ~'ox tae ~,~nd~ ors Feb~~ ~~~ ~~~~, ~~d ~o~..d th~~ ~ 0 ~'o t ~ ~Q~~ ~.`~ uu~d~ b S~a.~~ ~~w ~s a~, ~~~ p~~ o~'~e solid ~as~e F'~.a~~ ~b~Ch ~s ~ ~odf~ll ~ ~~a ~1~a~, ~,~~~ ~a~~a ~ec~ui~~d bu~~~r are~~ and b~ak'~'~x ~o~,e~ ~.~e ~:ec~r.~xed by ~e cux~~~nt ~i~~ ' ~od~ cQ be 1oc~.t~d w~~ t~ac ~Qlid 1~~t~ l~~c~~~~ Qve,~~,~ ~v~.trag ~~~cx~~~- x~. ~i~~~ a~ ~~ ~~~d£~.'~ ~~w ~Q~I~,gn x~g~.•c~ng buff: ~~~ds, ~i~~1 ~~~~~' feed i~ would b~ ~.~a~~"op.ti.~~E fox ~la~ ~~an~~ ~a~a.rnls~la~ ~~~ C~~~r ~ou~ac~ ~0 add~e~s ~a~. Cent of the Snlia ~a~t,e ~~.~,~e~ C~xd~a,~ace b~ co~~derir~~ amead~a~~ ~o ~~,s.~~~~~ ~0 ~d 5S of ~e ~~~ ~~~r~; ~1~~ ~oc~c• ~a~;~fo~;e, C~~- s~~f ~~s p~x~d ~,~ ~nc~a~cd oa~~dux~~c~ aar~e~nd~na~a.~ k'os; P~aa~a; ~~~,~~~.~pq0 ~~x: ~G3.~3~,1~~~ ~~vw.c~~elk~t~vermn.~s ~~'~' ~,~~ 03~09~~~~.© ~.5: ~.~ -~ ER~GGS h~i~RGAN IYIPLS ~, PAGE 5~I~a f~~b ~W~I~~~; 1~a~.F ~ A~nx~h ~, 2t)9~1 cpa~~id~~ari~.m bjr ~a,~ ~'lazaa~~ C~s~Qp a~ ~~~~ mee~g o~ ~~~ ~, X010 ~~.~. by ~~ ~~~ ~~u~.~ $~ ~~~~ ~eec~~ ~~ NI~,~;rb ~ G, X01 U. Git~~ ~t~.ff ~ nod ~c~a:, f~oar~ ~~ ~ec~C ~~pli~~au~ fv~ CUB ax~-e~ad~.~a~ ~~ibnli~ced by ~~ ~,~n.d~.l end ~a~e~ ~a~po~.~~~o~, ~~~~~; tae ~~,~~~.~~ends ~v o~ ~~as abn~d ~~~a~~ add~~i©~a~I p~~ap ~tp ax ~~~~~.~iat u~,~~ ~o~ ~~1~~, ~o~r~vex, ~v~ ~~ ~a:o~~di~~" ~rou vs~r.~ ~d~r~ced aao~.c~ of ~~ pxopas~d oxcli~.nc~ am~odtaae,~~~ so ~aat yap c~ ~n~as~~~~~ ~1~c pos~~Uzlx~ o~ adaptio~ o~ ~h~~~ ~m~ndm~~[~ ~ det~rris~~ ~v~.e~.a~ ~~d w~~em ~a ~,cc~uia:~ A~~ ad~~o~~. p~•~~~~~y ]aa~x~~r~ f~:©Ix1 ~~P,~, ~lea~~ ca~~c~ ~e ~~you ha~t~ .fly ~u~~o~s~ ~~y ~•~y y4~:~, ~~~eGC~ ~~Q~~ ~,~.v~~o~.nar~an~ ,~.d~i~r~~mr Cl';~73718~ ~~1 ©~~0~~20~.0 1.6: ~6 ~- BRIGGS fV1~RG~N ~~~1P~.S ~. PAGE 5460 F~~~I~S 0~~ ~AC~ ~'!ae C~t~ CA~~ o~ ~b,e Ci~~ o.~ Z~Ik ~~c~ e~ dae ~'o~lov~ng F~ndxn o~ ~aet; 1 ~ Z~a~ Cif of ~tvex Sold ~I~~e ~=~c,~~.~s ~7~di~.~nc~ (S' ~~~i~~.~Ge} ~r~~ day ~dcap~ed ,~a ~ 9~G. Z, ~~acc ~.dop~o~, of dae ~~ ~.xc~.ce i~ ~ ~~6, Solid U~1~~~~ R~c~.ti~s, ia~.~adir~ ~~~a~ ~nd.~, b~~e ~~~en xcgd ~o be loc~~cd ~~ian. ~~ C~~r'~ So~.~ ~~~~ ~~~~~ Ove~~ ~o~ ~~i~c~, ~a '7'b.e ~ T~.v~er ~p~nc~. ~dL~~ ~~~ ~~~®ned ca t~ac Saud ~~s~:e ~ac~idcg C~v~~lay ~az~~i,g ~J~s1~c~ ~ ~9~G, ~~ ~ co~di~t~n.~1 u~~ pit ~CC~1?) ~~ ~Yae ~~ud~.ll eras ~t~I.y ~~a~xov~d a~ ~~~~, ~. S~c~ ~95~, tae Cv~' ~0~: ~Iae T.~nd£~. ~k~~s h~~n ~c~.~~~cd an.~. ~.rn~nd~d ~0 T ~~4FA ~, ~e~g w~r:~ ~pp~ova~ o£ ~~he oa.n~ G~~ fo~~ dac ~.~d~I, t~uau~h ~I off' ~e ~~~ne~v~,s aid ~.~a~d,~e~.~, ~~ ~a.~~ beat v~d~~tood t~~~t ~~~ ~40~~'go~ bu~~~ ~on~ pxov~d~d £o~ ~ ~~,~ G~~' ~aa~ bce~ xequa~cd ~o be Ioca~d an L~~nd~~l ~~o~~xty ~.t~ ~e solid ~~Va~t~ ~a~~e~ a~~,y ~a~ing ~?a~t~.ct~ ~, '~"hc ~D~-foQx b~~'~e~ ~~~ a~z ~.c ~~~~, w~~~ end so~tb ~idc~ o~ die T.and~l. b~~ ~~~~ b~~ Xa~~1~~c~ ~o~ Zand~i ~,~~apex~~y ~r~da+.~ ~I~~ ~o~d W~~~ ~~c~~ti~e C~vv~rlr~,~ ~onin~ T~i~~:~i.ct, ~, 5~.~~ ~~~ ad.op~an ~ 198C, the 5'L1~~F C~xc~~ce, z~au~ ~acco~a~c1 ~. C~a~~cex~ ~~ d ~~ ~~ dae ~~ ~~ City Cade, ~a~ ia~.~ad.~d ~ c~eidan o~ SoIid ~a~~~ Faci~a~~ w~icb de~~~ So~.d ~~at~ ~~.~t~ ~ "~11. ~~;ro~~tp' re~I ax ~ex~a~~ , , , ~~d~ed o~~ ~~e~u1 fox tla.e ~;ooes~J~~ o~ dz~po~a~ of ~o~d'v~~.~~e . , . ~~ ~~ ~~i~ d~~.~,a~ a~` Sold ~l~ce F~ci~.it.~~ ~~ - ~ee~ a~~~` xe~;~d ~o iacludc ~ll caa~..aaa ~~ ~~ce~~~~ ~`o~ day A~~:~~o~. o.~ a 5a~id V~la~~ ~~. ~p~ ~ ~ T~~ ~c~u~~r~ bu~~~~r ~:~as ~ac~ bu,~cr ~~e~, 0~,~ 0912010 ~. ~: ~ 0 -~- BR~GGS f~1~RGAN PriPLS ~. ~. '~e~~~ro~~, rye ~i.~ Co~r~ d~ ~~~ ~~ d~~aan. a~ slid ~a~~e ~3~ C~aap~~s ~~ a.~~ ~~ o~ the ~ll~ ~~~~ ~~~- ~od~ c~ae~, ~.d ~,w~ya ~~s, iACJ:ud~d coded h~~~e~ ~;ea~ and b~~fex ~or~s ~~~ that, th~~e~o~e~ xe~ulred buf~~x ~.~e~s and h~ffe~ ~o~e~ ~ sequined ~y ~e ctiu~esax C~~y bode to ~e loc~~cd w~.e~Z~, ~e Sold waste Fa.~~~es C~er~,y ~a~~ Dis~c~~ ~ 0. ~'otwidas~~~al.~~ ~1ae )~~,~ge of ~c City bode xe~ui~~ that ~1 p~op~~ needed 4~+ use ~a~ tae ~roces~n~ or r,I~pos~ o~ soled, waste he 7oc~.~e~. ,thi~a ~~ So~.d ~laate F~cslitie~ ~~.~.~ `~~~ ~~st~c~ and ire ?~ny~ hist.D~y of coua~~ysng w~~ ~i~ ~ec~~ia:enaen~, ~1~~ ~~e~ .~a~d~3,1 ~e now t~kin~ tae ~osit~~~, ~~~~ ~e C~t~'e Sw~ Qrda~ance ~s a~huou~ anal tb~~ ~c~u~d buf~:~ ~~ca~ o,~ bu~~'e~ ~o~es ~~ ~aot xc~~.i;cd ~ be ~oca.tc~d ~~d~ ~e Said, U4~ste ~~ailit~e~ Ove~~y ~o~~, ~ss~c~~ ~ ~. ~. lig~~ o~ ~ new pvsxaar~ by plc ~d ~c Cityf Co~.nca~ ~.nds ~t ~ppxop~t~ to re~ffi~m~. ~.e anxe~a~ aj ~h.e SwF C~~c~ina~ac~ that all ao~pane~~ off' ~ Sold wa~~e ~acxiity~ be ioc~~ed within ~h~ So~.d ~~~~e F~a~~in~s Grey ~a~xa~ 3~,~t~aG~a in.c~~du~~ bu~~~: ~e~~ ~~d bu~~°~ ~oa~e~, by ~dap~g ~p~~:Qpz~,~c ~.m.crad~.c~~~ co ~~~C~ 30 aid ~8 o~~ae ~~ ~~e~ Cate Cade. ~~N.~~C~ ~~-~'~F~~, she City Causacil a~ ~~ qty o~ ~llx ~~~ docs hcxcby o~d~in ~.~ ~'nuows: ScGr~o~a ~ ~ ~a~ ~e~~o~.~ ~0~~ std ~~~~~ of ~e ~~ fiver C~t~ Code sh~U, be ~ra,e~ded bq ~:~.sang dle ~~~ ~~~cracc ~ the def~i~oa of ~`So~d waste ~~calit~' to ~~ac~ ~~ .~oU~ws; Sold ~~~~ k~~t~ x~e~~~ ~.1. p~ap~y, ~~~ ,o~, p~ana~, ~~~~d~~ ~e~ad~e std pos~t%ve ea~e~aenCs, wacex aid ~ ~~ht~, a~]. ~~or~.a ~~a~~ ,~~age~ent ~ac~~ae~, ~~~~d ~ ~bu~'es; ~~,~ o~ hv.~c~ ~o~~e~, ~whic~ axe o~ ~n~y he ~e~o.~ed, ~.e~ded o~ ~~ ~ax~ ~ die pspc~~s~~g o~ ,.cu~~ao~~~ a~ ~a~te a.~d ~~ ~~~ ~~:acc~~ o~ ' d~~asa~ of tvas~ ~. ~~~~ ~~ xequ~,-~ ~d~ ~e p~'~~~~o~~ o~ ~a~s Cvc~e. Section 2, Th~~ Sec~nn 30~1~3~~ o~ the ~ll~ ~~e~ City Cpda~ c~~~ed ~~!'~ ``So~.d w~~tc ~aG~li4y ap'P~i'~7~ ~~~a~cC,rr s~a~ he a~ue~.r~ed by ~dda~~ yew s~bsee~on ~c} ~h~cta,, w~.ich ~~hall scud a~ ~o~~aw~: ~~) Sold 1~a~~e ~~ci~ities ~:cstsie~ed to ~ ~- Sv]id '~~~te ~ac~i.~,~~ Q~~x~y D~~~c~, ~o Solid Waste Fa~lity~, .inc~udi~,~ '~~Y pofi~v~- o~ a Sg1id '~'1~ste ~~'acs~~ya ~~ e~se~,en~a w~te~ oz ht~, a11. ~tort~l wa.ie~ msnage~~~~. fa.ali~.es u ~nc1 ~ b~a~C~~: axea~ or ht~~x ~~a~e,~ xegtzl~.~eC~, seeded r~r u~e~ ~o,~ t~aG ~~~~~~~a~ ~~`~j cox op~'~~n o~„~~ _~~. ~~~ ~'~~Jity, s~a~ ~~ located ar ope~ted i~ ~a~ City c~cept ira Manse a~:eas o~ ~e C'~~y xoG~~cd ~~b~ ~c ' Sold wa~~e ~~.ct~"~i~~ C~v~ay ~a~.in,~ ~~tric~, Secav~ ~. ~x~t ~~~t~ara ~OO~~~D fib} Q~ ~c ~ ~ City ~od~ en~tled "~ac~tia~a ~of Sold waste ~'~~c~li~es~~~ ~~ ~e amcndcd to read ~~ fa]~av~~ PACE 55160 e~~aa~2a~a ~~q ~s -~ B~x~~s ~~~o~~aN r~~~~s ~ ~a~E 56~ca ' 'S N V~LI~.~~~Af"M'~ ~f~Y ~d.~i 7" Y~ ~~ a, zo~a ~~~~t ~ozpa~~or~ .~~~~~ man . ~C~ ~o~ ~~~SO p~~ ~~~~ ~ ~ ~~ ~ ~A 6~~0 ~; Co~~itio~a~~ ~s~ ~'e~~ 1~~r;a~io~~ ~- ~'~c~l ~ ~~~~.Q~~~4Q0 ~e~~: Nit. ~xo~: '~`h~~ you far s~b~t~~ ~ ~.pp~c~~ion for a ~oncli~iar~aa, T~~ p~~ ~o cor~~uc~; rr~ai~~ a~iv~r~~ ora pa~,r~~ ~ ~~~ ~O~p~~00. ~avr applic~~,4~~ ~ r~oexved byc~a c~~,~ a~ ~cb~.~ ~z, ~0~0, ~ ~~l his corn~~~d a p~ ' ' ~.~ xc~~c~v o~ dux a~~lica~Q~ ax~~. ~ c~~x~ae~ ~t ~G ~ co~n~~~~~, ~b;c cf~~ ~ ~o x~c~~~d aura apPli~a~o:n from '~`~a~~e ~.~~~,a~; ~~c, fox ~. ~o~atxoz~a~ ~~~ ~~xr. ~a ~:~a~d ~~ ~.iv~x T~a.~df~l on. ~c~ 75-~0~~~~00,. `~~~~ N,~em~n~'s ~p~lica~ioa fox ~ ~or~ditio~ ~`s~ ~~~G .~s ~ch~d~~d~ ~Q b~ ~a~a~~ b~ r~a~ ~'I~r.~r~~ ~~s~a on ~~xz~ ~3, ~~~~ a~~ h~~h~ ~~ ~o~~c~l os~ .~p~i~ ~9, ~0~.0- `~a~r a~~~'e~~ion fox ~ ~a~~~~~a~ ~~~ ~~~~ ~a~~ ~~ ~c~d~~~ for ~e~ b~oxa th,~ P~azu~ng Coffin ova iy ~~., ~~~Q ~r~d co~~~~cd b~ ~c Cif Council o~ N.~,y ~~', 20~®. '~~~~ des ca~.d . ~ ~~.~~, d~~p~nd~ ors ~h~~~ f~~i ac~n o~n ~Pas~o ~~~~~~~.~'~~ ~.,.~ica~~a~a-~~ ~~~~. ,. ry~ot~, ~;i~ cagy ~~ ~~r~~i~ ~t~ 3ac~~ ~ev~i~~ ~~~a~ far ~~ar ~pp~Z~.~;o~c ~o~c ~. ~o~d~~on~. Use ~~ bar ~a ~d~~o~al b0 dad ~~o ~'~a~ ~, ~O~ti~, ~ aut~ao~ed b~ ~.ncso~ ~~~.~~, Sec~o~a ~~,99, ~ purlaos~ of r~v~ c~~ens~o~ ~ ~o flow' ~~ Z~~~ ~~o~m~ss~o~a acad. ~~y Ca~~c~. ~~f~~~~ ~ ~a ca~si~cx ~.~ act o~~ ti~a~~~ ~~~~I~.C's ~.~pp~icat~a~ for a Con~~.o ~`s~ I'~,a~ ~o Barad ~a~ .~nd~ilI an p~;~~ # %~~ zoo-~~®a, b~a~~ co~~xde,~ ~ou~t" ap~~~a~~a~ ~o casa~uc~ i~Tliff141g ~Ct~S~~~9~, ~~ ~~~ ~~~~~. P~~Q~. 7f3AG~~.,~p~0 ~~-: 7~~~35,~0~ ~vw~vci,~~Ec~~ver,c~,v~ ~ ' ~~G eel©9I2a~~ ~~: ~.~ + r •' ~R BC~xGGS f~riDf~GAN ~'~1PLS ~. b~cc~ ~.~ ~ ~~ ~oo~~~g ~~,~ r~v~r o~ your ~pp~i~ca~ox~. ~.n~ is ~~.b~e ~~ ~s~~r ~~ ~est~cr~ ~u .~ ~~vc ~o1a~ ~.e proG~s~, Shy ~~a be ~eac~,ed a~ 7G3/~~~4~06~ ox ~y ~' ~e.z~~3'~ r . ~o~rik~xut~i~r~~V'e~p~~~~ .~dn~s~-~ve ,~~~st~~ ~C; ~~~[ ~a~an, ~~~Arl~~a~oox ~e~ca ~a.~;, ~~zvuran~:t~1. ~r~i~~~ox PAGE 5~~5~ BR T GGS i~r1DRGAN ~V1PLS ~. PAGE 5 8 ~ 5 ~ ~~p~~ ~Im ~idem ~I~afi~o.,~f~id~l~(~b~r~,com, ' ~n~x Tuesday, M~rGh 09, 2©~0 ~,~;o~, P'M Too Wal~Ers, Debra ~~~~~~~. ~Rf~ ~~onftarln~ points Deb, ~ ~t~~ted ~hc proc~~s of converting the CKi« m~p~ ov~~ to CIS last year. The ~i~~t ~t~acf~me~~~ i~ ~ drab of whQrE i I~~fi off". The seca~d a~~achme~~ l~ a pd~ o~ the ~f~~ map puhlf~l~cd in ~~h~ X00.9 Annul IN~ter C~u~li~y Reporto The ~f~e map showy ~f~~ locations afi ~Il of the poln~~. TafCe ~ Ipolc end iet me l~now ifr we need et~it5 end I'll try ~o line them up fn ~ho~r order, below ~~ the monr~orfn~ points ghat fine ~Rl. his ou~Ide the curre~r~f; facility bounc~~ry: , A ~ze~o~~~f~r~ ~ Su~~,ce '~~.te~ mo~i~ari~g Po~.~~ i~ ~~,c~ L~~~1~'~~b~~s ~~ool~. P~~~ ~~~~5, Pz~~~, ~w-~.a, ~d swA~~ w . ~an~tax~~;~ ~v~~l~ writ Q~ ~~ie wa~n.g pa~~; P~3~OL, ~~3~qC~, P~3 O~C7 ~'r3~~ L, ~'~3 ~ ~ ~, ~p314C, P-3~~~L N~o~i~ori ~~~~s easy of~ac ~ral.~,~ ~~~h arad west o~.~~.L p~~o~aex-ty: P~~9~, PM~~C N~an~to~'~~g ~~lls ~ou~. a~fi~e ~~~ ~ro~o~e~ ~~]~.~: 3~5m~V~A, P~~~SL, 3~~~C7WA, Pe 3~GL, 3~7M~W~,9 ~'n3~7L, 3~~~~W~,, ~~3~8L, 319~~W~ a ~4xa~~to~~~~g ~~~~ eat U~thO ER.L. ~~~QW~ l~w~ Jul war~fi ~o ~l~aw the pofnt~ xhat fall outside Chi SRI. bo~nd~ry, I thfnlt we should go wifih a Site Map showln~ the paints If~ted above, Give rn~ ~ c~li ~o chat Jim Jim Eid~~~7 ~.d. E~x ~n~~n.e~r~ng Company 4700 V~~~l 77t~i S~~ei; Nxinn~ap4~i~, 55435 ~~Z~~~2T27G~ ~O~G~~ d1~W843~5156 ~~eZ~) ~rvw.yv~wwrvaww.ra.r.....r .~.--.~.r.~w~ .mm,--- --~~v~~q.R~vw 1'~"~r rv~sw+a,a e r ~ J J 0~I091~~~.0 ~s: ~8 -~- BRxGGS ~YiORGAN IyiRLS ~. 9urv~yed welly {~P'A1~B8-f+rasrrnty ~~~~~ ~ ~ W~fi pf~~i~r a P1AZOmp14- N W~G~. ~,QCGITIpNS ~1 Gde ~~~ ~Ik Rlver, Mlnnesat~ Baal a1Ckg-aupd ~OV1G0; 10PhA1:liN,~~ja~lryl35 fA~~fln~y +'~DO ~ GUU Iw !h~ Twfi G61a-nma ,~w D~~09~2~1.a ~.6:1u ~~ BRIGGS ~VIDRGAN ~Y1PLS ~. PAGE 6©IG0 i ., I ~~ f'341G~ ~' p ~1 C ,~ ~D1 041r~ ~ ~tp (1 W 8~t1 G~ r,~ p~8 {~ Pa~t+l. ~ ~~~~ ~ P~o~ ~ ~ ~a~~iU li~ p,~ 4xf; ~' 0 QP 1~ 4~ 3Q5 Ci ~. ~ 90G' f~ ~' P~1~C p30AC ~. ~ (7 P 17 ~ P 81~ C ~ ~' ~ . /~ ~ ~~ ~' ~~ P X22 L p ~, •~~ f 1 ~~ f P~O~C~TY ¢Pa ~ 1 rP 8111 ~ 1 !~ ~ ~r{r f ~ a~5 aivA ~~ P$1GL .~.~,J, fr r I rr; r ~ ~ ~,. ~~` M ~~ ~~~~a m l Aa10L a ~~ f ., ~~ m . ~~ ~` ~~ ~ ~ ~ ,~ \~\ dC1 OWA a BOD 4~OD I ~ L 9~~a.~.! ~~A~~ ~~ ~ as owa~ Patlffr~~ ?",A~ER~~7Y PRQP&RT1' AdUf~Y riM'®~~R aB7r.x~ ~' p~~QM~T~RI M©IJ!'~O~tIf10 ~~~~ 3p0t~~ ~ W~~` N~~'T aF~zo ~n~ Mvtv~ra~~Ha Pf~v~~ ~ur~~a ® ~t~~AG~ WAr~~ MDNITORfNd ~blt~' r i F~g~ro ~ 5!1'~ MAF' ~!k Rlvvr Landf i~! ~Ik ~~yer, Mlnne~o~~ A~~~~I~~ ~~~. ~~l~Zl~ ~A~T~ FA~~lai~`~1~~~ Fade ~ 0`23 ~4} `ails to notify the city immediately of any violation of this article which exists at a facility licensed pursuant to this article, fib} Any person within the city whQ violates this article, or who shall permit such a violation to exist on premises under his control, or who shall fail to take action to abate the existence of a violation within a specitaed time period when ordered or notified to do sa by the city, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished therefor as provided by law. A separate offense shall be deemed committed upon each day during ar on which a violation occurs or continues, (Code 1982, § 604.34(1), (2)) ~a~ Application to dispose of, stare, process, or burn dangerous wastes at a licensed solid waste facility in the city shall be made to the city building and zoning administrator. The applicant shall submit such information with respect to the dangerous waste as is required by the building and zoning administrator, including any analysis of the dangerous waste done by the state pollution control agency, and any additional analysis or information required by the building and zoning administrator. fib} The building and zoning administrator rnay; ~~ } grant the requested permission to dispose of, stare, process, or burn dangerous waste, subject to such conditions as the building and zoning administrator deems appropriate; ~~~ aeny the request, setting forth in writing the reasons therefor; ar ~3} refer the request to the city council tar review and decision on the request by the city council, ~c} A decision of the building and zoning administrator denying permission to dispose of, store, process, or burn dangerous wastes, or imposing conditions an such disposal, storage, processing, or burning that are unacceptable to the applicant, may be appealed by the applicant to the city council, by setting forth in writing the reasons far the appeal, (Cade 9982, § 604.20) Ica ~~ , Tr~a~an ~ wat~. The collection and transportation of solid waste, including transportation to and from solid waste facilities, shall be performed in accordance with article II of this chapter and Minnesota pules 1D35~D~OD, (Code 1982, § 604.22) ~eCS, 581 ~5M~5~~~ ~0, deserved. ~V~ IAN . ~~ No parson shall make or allow his land or property under his central to be used for solid waste management yr disposal purposes except at a solid waste facility for which a license has been granted by the city council, For the purposes of this article, solid waste n~anagernent includes the fallowing specific activities; ~~ } collection and transportation of solid waste. ~~~;lllibra~yl,n~unlcodc.comlde~'ault-tes~lDocV~ew1t34~~1~18~19~ 31~~12~10 A~.TIC~,~ r~~, ~fl~ZD ~A~T~ rAC~~,~TI~S ~ ~~} construction and operation of sanitary landfills, ~3} Construction and operation of waste burning facilities, ~4} Construction and operation of transfer stations. ~~} Ganstructian and operation of solid wane processing facilities. (Code 1982, § 604.06) ~~ a uisian ~~ p~~~~~on; r~~~w b~ ~ f. Pale ~ of ~~ Applications to establish or operate solid waste facilities shall include all of the information, plans, reports, and other materials required by this article and shall be filed with the city building and coning administrator. City staff shall conduct such review and investigation of the application as it deems necessary and may retain professional consultants to assist in this process, Ifaddit~anal information ormaterials from the applicant are necessary to complete this review and investigation, the applicant shall be so advised and shall provide the additional information or materials before review of the application will continua. (Code 1982, § 604.10(1)) ~a} ~pplieation fee. The operator of a proposed solid waste facility to be located within the city shall pay an application fee to the cEty in an amount equal to all of the city's direct costs, including, without limitation, all legal, planning, consulting, and engineering expenses, including a reasonable charge far city staff time, incurred in: ~~} Reviewing and investigating the application for a license and conditional use permit far the establishment and operation of the facility, ~~} Preparing the necessary license and conditional use permit. The first ~~I,~gg.g4 of the application fee shall be paid to the city at the tune the application for a solid waste facility license ~s filed, The balance of the appl~cat~on foe, if any, shall be paid by the applicant within 3g days of the applicant`s receipt of a statement from the city setting forth the casts incurred by the city and the amount due from the applicant. The application fee required by this section shall be in lieu of, and not in addition to, any fee otherwise requited to be paid by the applicant to the city far the issuance of a conditional use permit, fib} Annual license fee. Any operator of a solid waste facility within the city shall pay an annual license fee to the pity in an amount equal to all of the city's annual costs, including, without limitation, all legal, planning, consulting, engineering, and inspection expenses, including a reasonable charge far city staff time, incurred in. ~1} Monitoring and inspecting the construction of the facility. ~~} Monitoring and inspecting the facility following construction and during operation. ~3} Administering and enforcing the license and conditional use permit. The annual license fee shall be payable within 3~ days following receipt by the operator of a statement from the city setting forth the costs incurred by the cEty in the immediately preceding year and the amount due far the license fee. wilding permit fees, ~f any, paid by the licensee to the city shall be deducted from the license fee far the year in v~rhich the budding permit fees are paid, ~c} Volumepbasc~ fee, In addition to the application fee and annual license fees required by subsections ~a} and fib} of this section, any operator of a facility for the disposal of mixed municipal solid waste located within the city shall pay a volumeRbased fee an a per~cubicpyard basis of waste, or its equivalent, disposed of at the fac~l~ty in an amount as established by resolution of the city council. The revenue from this fee shall be credited to the city`s general fund. pursuant to Minn. ~tats~ ~ 1 ~5A.9~~, revenue produced by ~a.~5 per cubic yard of ~tt~;l1 ~ibx~a~y 1.munica~e,cans/de~ault~testlDoe~'~e~rl ~ 3~~~1118 8191 ~It ~l2g 1 g A.~.Tf~~,E fII. ~OL~~ ~A~TE FA~~LITfES~ ~a~e 7 0~ 23 the fee shah be used only for purposes of landfill abatement ar for purposes o~ mitigating and compensating the Local risks, costs and other adverse effects of such facilities. revenue produced by the balance of the fee may be used for any general fund purpose. Solid waste facility operators shall pay this fee on a monthly basis, (Code 1982, § 604.08) . ~4. viw by ca~nci~ and a~ann~n cnr~mi~~~n. Following completion of the staff review and investigation relating to the application far a solid waste facility license, staff shall prepare a report an the application for review by the city council. The application and staff report thereon may also be submitted to the city planning commission far review in connection with the planning can~missian's cansideration of a conditional use permit for the proposed facility. The city council shall review the application at an open meeting of the council and shall evaluate the application in accordance with the standards and requirements set forth in this article. (Code 1982, § 604.10(2)) ~. ~~~5. A~i~n by coun~i~; andard ~ apr~val, The city council shall order the issuance of a requested solid waste facility license only if it finds and determines that: ~~ } All of the minimum requirements set forth in this article for the establishment of the proposed facility have been met. ~~} Any additions! requirements or conditions deemed necessary by the city council as provided in this article for the establishment of the proposed facility have been met. ~3} The operation of the proposed facility will fully comply with elf of the performance standards established by this article, the zoning regulations chapter fig, article VI}, and the remaining provisions of this Cade. ~~} The operation of the proposed facility will fully comply with any additional performance standards or conditions deemed necessa~~r and imposed by the city council as provided in this article. ~5} Ail of the requirements of the zoning regulations chapter 30, article VI} for the issuance of a conditional use permit for the proposed facility have been met and the standards for Issuance of a conditional use permit set forth in section 3g~~~~4~a} have been mat. ~~} The proposed facility will be so situated, equipped, operated, and maintained as to minimize, to the maximum extant possible, using the bast available technology, any potentially adverse impacts on. a. The environment. b. Groundwater quality, c. Persons residing or working in the area, d. Other land uses and activities in the area. e, The use, enjoyment or value of any neighboring property. f. The public health, safety, and general welfare, (Code 1982, § 604.10(3)) Cr ~ C~~d~~rb~~ ~ http:ll~ibrar~f.~nu~icode,co:ml~efault-te~~I]oc~'iewlt3~~71~1~8191 311~12Qt~ i ~.~`~~CL~ zf~, ~~~~~ ~A.~T~ ~`~ICZ~Z~'~~5~ Pa~c ~ 023 The council, in its discretion, may impose such specific conditions incident to the issuance of a valid waste facility license as it considers necessary to. ~~I} ~a~~isf'y the standards set forth in section 58p~28 and the requirements contained in this article and the zoning regulations chapter 3d, article 1I1~; ~~} Promote compatibility with and minimize any potential adverse effects open adjacent properties, the neighborhood, orthe city; ~~} Protect the public health, safety, and general welfare; ~4} ~vaid traffic congestion or hazard; ar ~~} Prevent land, water, or air pollution, (Code 1982, § 604.10(4)) c~ ~~~~~7~ ~~surnce; bid oraho~sure~y. ~a} Unless otherwise provided by the city council, issuance of a solid waste facility license pursuant to the provisions of this division shall be contingent upon the licensee furnishing to the city a surety bond with a surety acceptable to the city or cash escrow in the amount at ~~OO,OUO,oO, or such other higher amount as the council in its discretion deems necessary to protect against potential risks tea the public health, safety ar general welfare in the event the facility is shut down ar otherwise terminated, The amount so established by the city shall be equal to the estimated costs of repairing, cleaning up, andlor closing the facility in the event of a termination or abandonment by the operator, The band shall name the city as obligee and shall be issued by a surety duly licensed and authorized to transact corporate surety business in the state, ~ condition of such band shall be that, if the principal fails to obey any of the requirements or do any of the acts required by this article in the operation of the solid waste facility, ar if, for any reason, ceases to operate or abandons the solid waste facility, and the city is required to expend any manias or expend any labor or material to restore, repair, ar clean up the site to the condition and requirements as provided by law, the obligor and the sureties on its band shall reimburse the city for any and all expenses incurred to remedy the failure of the principal to carnply with this article, and that the obligor and its sureties will indemnify and save the city harmless Pram all [asses, costs, or charges that may occur to the city because of any default of the obligor under the terms of his license to operate and the ordinances of the city. fib} In addition to the bond to be furnished, the operator of the facility shall furnish to the city certificates of insurance issued by insurers duly licensed with the state, or approved by the state as an eligible surplus lines insurer for the coverage provided, covering public liability, general liability, automobile liability, loading and unloading liability, fire liability, completed operations liability, explosion and coElapse of underground operations liability, and bodily injury liability in an amount of at least ~S~O,QOO,dO for injury ar death of any one person in any one occurrence, and bodily injury liability in an amount of at least ~~,ggg,D90,g9 for injuries or death arising out of any one occurrence, Property damage liability shall be furnished in the amount of at least ~OOO,g00,00 for any one occurrence and an unencumbered aggregate amount of at least ~600,OOO.UO, ~c} The surety bond and insurance policies required by this section must remain in full farce and effect at all times during the operation of the facility. If the required band and insurance policies are allowed to lapse, or for any reason cease to be in effect, the operation of the facility shall cease immediately. operations at the facility shall not be restarted until the necessary bond and insurance policies are in effect and evidence thereof is provided to the city as required by this section, Each band and insurance policy required far the facility shall contain a clause providing that the bond or policy shall not be revoked or terminated, or the coverage thereunder in any way reduced or limited, until 30 days following notice of the proposed revocation, termination, reduction, ar [imitation to the city, If the bond and insurance requirements of this section are not met in full at all times during tho operation of the facility, the city may immediately revoke the solid waste facility license far the facility and order an immediate cessation of operations at the facility until these requirements are rnet. htt~;lllibraryf ~r~u~icodc,comldcfaultdtes~ocV'xewl~34~~'1~18~191 ~11~1~~10 ~~.T~C~E ~~~. S~~~D '~A~TE FA~1~,1TI~~ ~ . Page 9 0~ ~~ (Code 1982, § 604.12) A ~~ Te~~ Unless otherwise provided by the city council, etch license granted pursuant to the provisions of this division shall expire two years tram the date of issuance, unless sooner revoked, (Code 1982, § 604.14(1)) ~~ ~~ en~wai~ ~a~ Application far renewal of a license granted under this division shall be made in writing to the city council at least 9~ days prior to the expiration of the license. The application for renewal shall include: ~~ } A statement of any changes in the information submitted in the last approved license application. ~~} A statement as to the amount of solid waste disposed of, stored, processed, or burned during the ~~~manth period priarto the filing of the application. ~~} A statement of the expected volume of solid waste to be disposed, of processed, stored, ar burned in the next ~4Mmonth period. fib} Renewal at a solid waste facility license shall be denied i~; ~~~ A renewal application is not submitted, or is submitted without the ini'ormation required; ~~} There is a current violation of the existing license or of any provision of this article, this bode, or any state or federal law, regulation, or standard with respect to the facility or the operation of the facility; or ~~} There have been repeated prior violations of the terms of the existing license or of any provision of this article, this Code, or any state or federal law, regulation, or standard with respect to the facility or the operation of the facility. ~c} If the volume o~ solid waste disposed of, stored, processed, ar burned at the facility, at the time of renewal, exceeds the volume originally proposed for the facility, or is expected within the proposed twaNyear renewal period to da sv, the city council may condition renews! of the license on restricting annual volumes to those approved in the arigina! license, i~ it determines that it is necessary to do so for the facility to continue to meet the standards required under this article for issuance of a license. (Code 1982, § 604.14(2), (3)) ec. upensi~n ar rov~a~~i~n. ~a} ~ro~n~s. Solid waste facility Licenses issued under this article may be revoked by the city council, and operation of the licensed facility ordered terminated, if; ~~ } There is a current and ongoing violation of the license or of any provision of this article, this bode, or any state or federal law, regulation, or standard with respect to the facility or the operation ol° the facility; or ~~} There have been repeated prior violations of the license ar of any prevision of this article, this code, or any state ar federal law, regulation, or standard with respect to the facility ar the operation of the facility, . fib} Sus~er~sron. The city nay immediately suspend a solid waste facility license, and order the immediate cessation of all operations at the licensed facility, if the city determines that there is or has been a violation as http ~Illibrary 1.mun~eode, co~alde~au~~~tes~DacVicw113 ~2~'1 ~ 1 ~ X19 ~ 311 ~12g 10 ARTICLE IfI. ~~L~D TASTE FACILfTfE~~ Fade 1 g o~ 23 provided in subsection ~a} of this section, and that such violation results in a clear and imminent danger to the health and safety of the city's residents or the public in general, Such a suspension nay not exceed ten days, unless during that ten-day period the city provides the operator of the facility with written notice of the city's intent to consider revocation ar continued suspension of tf~e solid waste facility license for the facility and schedules a hearing thereon, as provided in subsection ~c} of this section, in which case the suspension sha11 remain in effect until the hearing has been held and a decision made by the city council with respect to revocation. ~c} Revocation. If the city determines that there has been a violation as provided in subsection ~a} of this section, the city shall schedule a hearing to consider revocation of the solid waste facility license -far the facility involved and shelf provide the operator of the facility with not less than ten days' written notice of the hearing, The hearing on the proposed revocation shall be held at an open meeting of the city council during which the City council shall consider the nature and extent of the violations and the operator shall be given the opportunity to be heard and to present evidence as to the existence of a violation, as to whether the violation has been cured, and as to what steps have been taken to ensure that prior violations will not be repeated in the future, The city council shall consider the evidence presented at the hearing and may either determine whether to revoke the license in question or nay continue the hearing to a Eater date to hear further evidence ar consider the matter further, If the council determines to revoke the solid waste facility license for any solid waste facility, this determination shall be made by resolution setting forth the council's find`[ngs. (Code 1982, § 604.14(4), (5)) Secs. 5~p~ ~ ~ y~5~-~ ~~. Reserved. ~I~~~ . TRA TaTI~N e~. ~~ ~. ~~hibi~e loc~tion~s. No transfer stations shall be located, operated ar maintained in any area of the city other than in those areas where transfer stations are a permitted or a conditional use pursuant to the provisions of chapter 3n, article Vl. Cade ~ 9~~, § fig4.~4~~ }} ec. ~~. ~i~~ne. It is unlawful far any person to establish, operate, ar maintain a transfer station without being first licensed to do sv by the city. The application for a license shall contain the following information: ~1 } The name and address of the person requesting the license, ~~} Location, size, and ownership of the land upon which the transfer station will operate. ~~} The Warne and address of persons responsible for actual operation and maintenance of the transfer station. ~4} A general description of property use in the immediate vicinity of the transfer station, ~~} ~C°he anticipated type and source and maximum volume of solid waste which can be stored at the transfer station at any one time, and estimated weekly and annual volumes of solid waste which will be received at the facility, ~~} Complete plans and specifications and proposed operating procedures forthe transfer station. 4~'} flans for the transportation of solid waste to and from the transfer station, including the specific public roadways to be used for these purposes and the volume of truck Traffic which the transfer station h~~;ll ~ib~'at~r l .~u.~zcode~comlc~c~~.u~~~te~tlDoc~ie~l~ 3~~~1 ~ 1 ~ 819 t ~1~ ~I~O t 0 ~.~.~~cr~~ rrr, ~aLr~ ~~.s~~ r~.cz~rTr~~~ will generate on these roadways. Pale ~l of~~ (~} rates and charges for use of the transfer station. ~9} 5uch additional information and data as may be required by the city building and zoning administrator, the planning commission, orthe city council. (Code 1982, § 6p4.24(2)) .. ~~ an~n~ur~ r~~u~ren~e~. ~a} The following minimur~ requirements shall be established, constructed, provided, and maintained at a transfer station site; ~~ } display of information, subject to the approval of the city council, a sign shall be posted on the premises indicating the station name, the schedule of days and hours it is to be open to the public, and the price for its use, ~~} load conslructian and generaC landscaping. wads on the premises shall be all-weather su~aced. The premises shall be constructed and landscaped in such a manner as to be compatible with adjacent uses and aes#hetically pleasing in appearance. Adequate vehicle s#acking facilities roust be provided to ensure that no vehicle desiring to enterthe site will have to wait outside the site. ~3} Security. The transfer station shall be fenced and a gate shall be provided at the entrance to the site and kept locked when an a#tendant is not on duty. ~~4} Sanitary facilities, sf~efter and safety equipment. Adequate sanitary facilities, shelter for personnel, and safety equipment shall be provided on the premises, fib} 1~ecords, records approved by the city council shall be maintained indicating the type and quantity of solid waste passing Through the transfer station, ~~} lnterfercnce ~itf~ o~hor uses, The transfer station shall be so situated, equipped, operated, .and maintained as to minimize impacts on and interference with other land uses and activities in the area. ~"~} f'roteclion of public health, safely and welfare. The transfer station shall be sv situated, equipped, operated, and maintained as to minimize, to the n~aximurn extent possible, using the best available technology, any potential adverse impact on the public health, safety, end genera[ welfare, fib} The city council may, in its discretion, specify additional minimum requirements and conditions for the operation of transfer stations which shat[ be complied with as a condition for the issuance and renewal of a license. (Code 1982, § 604.24(3)) e~~ ~~ . er~rrnce sa~dr. ~a} Transfer station licensees shall comply with the following performance standards: ~~ } Hazardous waste prohibited, No hazardous wastes shall be deposited at any transfer station within the city ~~~ dangerous waste prohibited. N® dangerous wastes shall be deposited at any transfer station within the city, ~~} Flours of operation. All operations at transfer stations within the city shall be conducted between the hours specified by the ci#y council in the facility license. ~4} ~llaste rernova! and cleanup. when started in and as a part of the license, the operator shall ensure that al! solid waste is taken away from tl~e facility and tha# the facility is washed, cleaned, and ~~~;lllib~ary~,rn~nicode.co~aldefaul~wte~~ll~oc~'ie~l~~4~71~185191 31~~12o1D AI~TfCL~ III, ~~f,~D ~AST~ ~'AC~~ZT~~~~ disinfected at the end of each day of use. Page ~2 of ~~ ~5} Or~orly maintenance. The promises, entrances, and exits shall be maintained in a clean, Host, and orderly manner at all times. Litter control devices shall be provided as necessary. ~6} T"ra~ic control, All incoming and outgoing vehicles shall be controlled by the licensed in Such a manner as to provide orderly and safe ingress and ogress and to avoid adverse Impacts on adjacent roadways. ~~} Nuisance control. Measures To control rodents, flies, priors, dust, windbiown material, and other potential public nuisances shat! be adequate To prevent or eliminate any public nuisance, Should the city so prescribe, the licensee at his own expense shall engage an exterminator or a past control agonT to inspect the transfer stat~an an at least a monthly basis A copy of each inspection reporT shall be sent to the city immediately upon its receipt by the licensee. ~3} ~Jnloa~ing, Ali unloading of solid waste from contributing vehicles shall be conducted in such a manner as to eliminate odor and fitter outside the transfer station, ~9} ~ornplianco wit1~ zoning per~orr~ance sfan~ards. The oparatian of a transfer station shat( fully comply with the provisions of chapter 3U, article Ill, including specifically division 5, subdivision 11, relating to performance standards for industrial uses. fib} Tha city council, at the time of issuance of the solid waste facility license for the operation of a transfor station, may modify any of the previsions of this section, or impose additional requirements, if it finds the plan of oparatian or other information submitted with the application or other factors make the imposition of additional standards or requirements necessary to protect and safeguard the public health, safety, and general welfare, (Cody 1982, § 604.24(4)) Sots, 53w ~ 55~_53~ ~ 7g. ~eservod. oca p~ roh~e~ed roe. Na sanitary f andfill shat[ bo located, operated, or maintained in any area of the city other than in those areas where sanitary landfills are a permitted or a conditional use pursuant to the provisions of chapter 30, article VI, tNaste disposal areas within a sanitary landfill are prohibited within the following areas; ~~} ono thousand feet from the normal high-water mark of a lake, pond, or flowage, ~~} Three hundred feet from a stream, (3) A regional floodplain (100-year flood). (4) A wetland. ~5} one thousand feet of the nearest edge of the right~afwway of any state, federal, ar intersTate highway or boundary of a public park or of an occupied dwelling. permission may be granted to vary the distance requiremenTs of this subsection ~5} in the discretion of the city council, taking into cansideratian such factors as dust, noise, litter, and other aesthetic and environmental considerations. ~~~ Locations considered hazardous because of prc~cirnity To airports. ~7} An area which is unsuitable because of reasons in relation To Topography, geology, hydrology, soils, air quality, or proximity to wells used for potable water supply, (Cody 1982, § 604.26(1)) htTp;llli~b~a~y ~ .m.un~cad.e.ca~ald.efaulT-tes~DocVicv~113~~71118 X19 ~ 31~ X1201 fl ~~.~~cL~ ~~~. ~o~~~ w~s~~ r~.c~~~~r~~s~ Page 13 0~ ~~ It is unlawful for any person to establish, operate, or maintain a sanitary landfill without f first being licensed to do sa by the city. Application for a solid waste facility license to permit the operation of a sanitary landfill shall be made in writing to the city and delivered to the city building and coning adr~inistrator. The following information shall be submitted as a pad of the application; ~1 } The Warne and address of the person requesting the license. ~~} The name and address of the owner of the proposed sanitary landfill site. ~3} The name and address of persons responsible for actual operation and maintenance of the sanitary landfill. ~4} The exact legal description and acreage of the property to be used for the sanitary landfill. ~~} A site analysis in the farm required by Minnesota Rules section 7D35. ~ ~~4~~}~~}. ~~} An existing conditions plan in the form required by Minnesota Rules section 7035.~8oo~C}~~}, which shall, in addition, shoal the location of any existing wells. ~7} A development plan of the situ in the farm required by Minnesota Rules section 703~,~~0a~C}~~}, ~~} A crass sections plan in the form required by Minnesota Rules section ~'~3~.1 ~gg~~}~~}. ~9} An ultimate land use plan in the form required by Minnesota Rules section 7035.~~DO~~}~4}, which shall also include the location and species of vegetation to be replanted and the location and nature of any structures to be erected in relation to the ultimate land use plan, ~~g} A soli erosion and sediment central plan. ~~ 1 } A plan for dust, liter, and Weise control. X12} A full and adequate description of all phases of the proposed operation, to include an estimate of the duration of the operation, ~~ 3} A plan for fire, nuisance, and vermin control, X14} estimated wee~Cly and annual volume of solid waste to be disposed of in the sanitary landfill. ~~ a} A plan describing the financial mechanisms which will ensure the city that there will be funds to properly close the landfill and to provide for Iongterrn monitoring and maintenance of the landfill site following closure and to provide for longterm liability coverage after the landfill is closed for third party personal injury and property damage and for the pratectian of environmental quality, ~~ ~} A plan or submittal of assurances to the city satisfactorily addressing the issue of langterrn roadway maintenance during the operations tenure on those routes providing primary landfill site access, ~~ 7} A report indicating; a, The population and areas expected #a be served by the proposed sanitary landfill. b. The anticipated type, quantity, and source of material to be disposed of at the site. c. ~eolagical formations and groundwater elevations to a depth of at least ten feet below proposed excavation at the lowest elevation of the site, including the immediate groundwater table. Such data shall be obtained by soil borings or ether appropriate means. d. The source and permeability characteristics of caner materials to be utilized and methods for protecting cover material for winter operations. e~ The type and amount of equipment to be provided at the site for excavating, earthmoving, h~tp:ll~i~rary ~ .rnu~a~code.cornlde~au~t~tes~l~oc~'iew11 ~~~.71 ~ 18 8191 3l1 ~1~0 ~ ~ A~.TICLL~ III. ~~L~I~'V~A~TE FA~ILITIES~ spreading, compacting and other needs. Page l~ o~~~ f. Proposed operating procedures, including consideration of each item identified in Minnesota Rules section 705. ~ 70~, ~~ ~} Such additional information and data, including any additional environmental analysis, as maybe required by the city building and zoning administrator, the planning commission, or the city council. (Code 1982, § 604.26(2)) ~a ~~~'.rn~n~ur~ req~~rer~ena ~a} ~'he following minimum requirements shall be established, constructed, provided and maintained at the sanitary landfill site; ~~} ~ratection or~ublic heelfh, safety and weirare. ~"he sanitary landfill shall be sa situated, equipped, operated, and maintained as to minimize, to the maximum extent possible, using the best available technology, any potentially adverse impact on the public health, safety, and general welfare, ~2} Interference with other uses. The sanitary landfill shall be so situated, equipped, operated, and maintained as to minimize impacts on, and interference with, other land uses and activities in the area, ~3} ~.eachete collection systems. All sanitary landfills shall be equipped with a liner and leachate collection system adequate to called all leachate which may be generated afi the site, The city council shall also require leachate collection systems for existing solid waste deposits if, in ifs sole discretion, it is determined to be necessary for the protection of the public health, safety, and general welfare. I~eachate collected shall not be disposed of in the city, or in the city sewer system or sewage treatment plant, unless specific permission to do sa is granted by the city. ~4~ employee shelter and sanitary facilities. Sanitary facilities and shelter shall be provided for site personnel. ~5} ~.itter control. Litter control devices such as portable and permanent fences shall be provided, ~~} electrical service. Adequate electrical service shall be provided at the site for operations and repairs. ~7} dire cquipr~ent. Firefighting facilities an~site, adequate to ensure the safety of the public and employees, shall be provided, ~~} Safcty equipment. emergency first aid equipment to provide adequate treatment for accidents, including those resulting from hazardous and toxic wastes, shall be provided. ~9} Potable water sup~iy. A potable water supply for site personne! shall be provided. ~~ ~} Storage facilities. Shelter for maintenance and storage of site operations equipment shall be pravided. ~~ 1 } Vehicle stacking racilities. Adequate vehicle stacking faciiifiies must be pravided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of fihe sanitary landfill site, ~~ ~} emergency communication facilities. Adequate Communication facilities shall be provided for emergency purposes. ~~ 3} Security. Tha site shall be fenced and a gate shall be provided at the entrance to the site and kept locked when an attendant is not an duty. ~~~} Maul roaa~. An all~weafiher haul road shall be pravided to the unloading area, ~~ 5} ~'q~uiprnent, ~quipmenfi sufficient for spreading, compacting, and covering operations, to include sufficient reserve equipment or arrangements to immediately provide for equipment during periods of breakdown, shall be pravided, h~tp;lllx~ra~yt,municode.comlde~ault-tes~nocVlcw1134~.~'I~IS~Igt ~112I~01~ A~TfCL~ I~Z, ~~LID ~AST~ ~ACT~fTIES~ ~a~e ~S of23 ~~~} Display a~ in~ornrafion. Subject to approval by the city council, the licensee shall erect end maintain at each entrance to the site a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the state pollution control agency permit number, and the penalty far nonconforming dumping. X17} wafer qualify rnoniforing. An appropriate groundwater and surface water quality monitoring system shall be provided at the licensee's expense. ~~ ~} Screening. Visual screening t~f the sanitary landfill site, as approved by the city council, shall be provided by the use of natural objects, trees, plants, seeded soil berms, fences, and other suitable means. ~~g} Drop-o~poinfs. Suitable and safe disposal areas, as determined by the city, shall be provided in the sanitary landfill far individuals who wish to transport and dispose of their own solid waste. fib} The city council may, in its discretion, specify additional minimum requirements and conditions far the operation of sanitary landfills which shall be complied with as a condition far the issuance and renewal of a license. (Code 1982, § 604.26(3)) ~. ~~~ 7~. Pe~f~rm~nce sandard. ~a7 A parson who has been granted a license by the city council to operate a sanitary landfill shall comply with the fallowing performance standards: ~~ ~ f~azardous wastes prof~ibifed. No hazardous wastes shall be disposed of in any sanitary landfill within the city. ~~} Dangerous waste, No dangerous wastes shall be disposed of at~any sanitary landfill within the city unless and until permission tD do so has been requested and obtained from the city as provided in this article, ~~} ~amptiance with stale standards. every sanitary landfill located within the city shall comply with the required practices for maintenance and operation of landfills set forth in Minnesota Rules section 7035, ~ 70U. ~4} compliance with zoning per~~rmance standards. The operation of all sanitary landfills within the city shelf fully comply with the performance standards and other requirements of chapter 3g, article VI, including specifically division ~, subdivision V, relating to performance standards far industrial uses, fib} Tours of operation. All operations at sanitary IandfEls within the city shall be conducted between the hours specified by the city council in the license for the facility. ~3} public nuisance control. Measures to central rodents, flies, odors, dust, windblown material, and ether potential public nuisances shall be adequate to prevent or eliminate any public nuisance. Should the city so prescribe, the licensee at his awn expense shall engage an exterminator or pest control agent tc inspect the landfill on at least a r~onthly basis. A copy of each inspection report shall be sentta the city immediately upon its receipt by the licensee, ~~} Traffic control. All incoming and outgoing vehicles shall be cantroiled by the licensee in such a manner as to provide orderly and safe ingress and egress and to avoid adverse impacts on adjacent roadways. ~S7 Supervision. An attendant shall be on duty at the site at ail times while it is open for public use, Unloading of refuse shall be continuously supervised at the working face of the landfill, 11g} ~perafing retards. Accurate daily records of daily landfill operations shall be maintained, These records shall contain information pertinent to sanitary landfill operation, Intake of solid waste in tans or cubic yards shall be recorded an a daily basis in a manner acceptable to the city. general arose in ~h~~:lllib~aryf ,municodc.comldefau~~~testl~oc~'~e~vlt3~~71~18~191 31t~12410 AI~TICL~ III, SQ~IIa ~AST~ FACI~ITIE~~ Pale I6 of ~3 which a particular type of solid wane has been disposed within the landfill shall be recorded and filed, The volume and location of the disposal of dangerous wastes shall be recorded the day such disposal takes place and shall include the amount and Type of waste disposed af, and the name and address of the source of the waste, These records shall be available at all times far review and inspection by the city. ~~ a~ Recorc~~ng of descripfiar~ o~ completed s~~o, ~ detailed description of the lacatian of the completed sanitary landfill site shall be recorded with the county register of deeds within one month after approval of the closure of the landfill, This description shall include the general type and location of deposited solid waste, the location of phased or staged disposal of wastes, the type and number of lifts, original and final terrain descriptions, site hydrogeologic conditions, and other pertinent characteristics of the completed sanitary landfill site. fib} The city council, at the time of issuance of the solid waste facility license for the operation of the sanitary landfill, may modify any of th®provisions of this section, or impose additional requirements, if it finds the plan of operation or other information submitted with the application or other factors make the irr~positian of additional standards ar requirements necessary to protect and safeguard the public health, safety, and general welfare, (Code 1982, § 604.26(4)) Secs. 58-17~~~58~1 ~0, deserved, ~~`~I . wAT ~N ACI~IT~~ ~r~ss references; 1= Ire prevention and pratectian, ch, 2~, ~~~~. r~h~bi~ed res. No waste burning facility shall be located, operated, ar maintained in any area of the city other than those areas where waste burning facilities are a permitted ar a conditional use pursuant to the provisions of chapter 3g, article VI, (Code 1982, § 604.28(1)) ~c. ~ ~ ~~censea It is unlawful for any person to construct, establish, maintain or operate a waste burning facility having a capacity greater than ~,Q40 pounds per hour, including incinerators, boilers, yr ether facilities which have been converted Pram other uses far use to burn processed ar unprocessed sand waste, without first being licensed to do so by the city. application for a solid waste facility license to permit the operation of a waste burning facility shall be made in writing to the city and delivered to the city building and zoning administrator. The following information shall be submitted as a part of fhe application. ~~~ The Hama and address of the person requesting the license, ~~~ The Warne and address of the owner of the proposed waste burning facility. ~3} The narno and address of the person responsible for actual operation and maintenance of the pr®posed waste burning facility. h~tP;l/library I ,~.u~.zcodc, coml~efau~~M~cstll~oc~~cw/I ~4~71I188191 3I1 Z12a 14 ART~~L~ ~~I. ~~L~D ~'AST~ I'A~fL~TZE~ ~ Pa.~c ~ 7 of ~~ ~~} The street address and legal property description of the property on which the waste burning facility is located or is proposed to be located. ~5} The present and future population and areas expected to be served by the proposed waste burning facility. ~G} The characteristics, quantities, and sources of solid waste to be burned at the waste burning facility, including estimated weekly and annual volume of solid waste to be burned. ~7~ A plan shaw(ng the land uses and zoning, and the location, type, and height of all buildings, within ,gag feet of the proposed waste burning facility. ~~} A minimum of two sets of plans and specifcations prepared by a state registered engineer clearly indicating the construc~ian which will be undertaken, ~9} An engineering report, including incinerator, furnace, or boiler design criteria, and expected performance data, including detailed information on particulate and gaseous emissions to be emitted by the waste burning facility. ~~g} A full and adequate description of proposed operating procedures for the waste burning facility, including; a. All steps which will be taken to ensure that any solid waste brought to the waste burning facility is entirely contained in the facility and that operation of the facility will not result in any Land po(lutian, b~ All safety measures and precautions which will betaken with respect to the burning process, including a plan~for fire, nuisance, and vermin control. c. A plan for litter, noise and dust control. ~~ ~ } Plans for the transportation of solid waste to the waste burning facility .and far the transpor#ation of ash end other residue away from the facility, including specific public and private roadways to be utilized for these purposes and the volume of truck traffic which the waste burning facility will generate on these roadways. ~~~} ~pec(fic plans for the disposal of ash and other residue from the waste burning process., and for the emergency disposal of solid waste in the event of a facility shutdown or breakdown, including the identifcation of any sanitary landfll located within the city proposed to be used far disposal of ash or other residue ar for the emergency disposal of solid waste. ~~ 3} Such additional information and data as may be required by the city building and zoning administrator, the planning commission, ar the city council. (Code 1982, ~ 504.2$(2)) ~, 5w ~nirr~urn requ~~~~en, ~a} The fallowing minimum requirements shall be established, constructed, provided, and maintained for a waste burning facility, ~~ } Pra~ec~r`on of public hea~tn, safely and wc~fare. The waste burning facility shall be so situated, equipped, operated, and maintained as to minimize, to the maximum extent possible, using the best available technalogy, any potential adverse impacts an the public health, safety, and general welfare. {2} ~n~arfarance wi~f~ other' uses, ~~he waste burning facility shall be sa situated, equipped, operated, and maintained as to minimize impacts on and interference with other land uses and activities in the area. ~3~ r~issiar~ con~fot egul~rnenf. The waste burning facility shall be equipped with the best available technology for controlling particulate and gaseous emissions. The city council nay require that specific ~ttp;ill.ibra~yl,m.un~code,co~Idcf~.u~tAtcstlDoc~iewl~ 3~~71 ~IS~19~ 31 ~21~~~~ A~TI~L~ I~~. SOLID ~~ST~ FAC~~~'PX~~ ~ Page ~ 8 of 23 emission control equipment be pr®vided, including, without iin~itation, bag houses, scrubbers, and electrostatic precipitators, if, in its sole discretion, such equipment is determined to be necessary to protect the health, safety, and general welfare of the carnmunity. ~~} employee Sheller and sanrlary ~acllities. ~hefter and sanitary facilities shall be available for plant personnel. ~5} display of in~ormafiQn; hours open la public. Subject to approval by the city council, the licensee shall erect and maintain at each entrance to the facility a permanent sign stating the name of the facility and the state pollution control agency permit number of the facif ity, and indicating the hours and days the plant is open for public use. Access to the plant shaff be limited to those times when authorized personnel are an duty. ~8} (unloading. All incoming solid waste to be burned at the facility shall be confined to the unloading area. Adequate capacity shall be provided. No solid waste shat[ be stored except in enclosed areas. Litter control devices, as necessary, shall be provided in unloading areas and ether areas of the facility, ~~'} ~usl and odor canlrol. facilities shall be designed to provide for dust and actor control in unloading and charging areas. ~8} Weighing ~acilifr`es; records. vllaste burning facilities shall, if required by the city council, have weighing facilities available, Permanent records shall be maintained indicating the total weight of material burned, the total quantity of resulting residues, and the total hours of plant operation. These records shaff be available for inspection upon request by the city. ~9} dire eq~uipmenl. firefighting equipment meeting the standards of Underwriters' Laboratories, Inc,, or other approved nationally recognized safety standards, shall be available in the storage and charging areas and elsewhere as needed. ~1 D} dire profeclion, Arranger~ents shall be made with the local fire protection agency to provide firefighting forces in an .emergency. ~~ ~} ~rnergcncy commurrica~iorr ~acililies. Adequate communication facilities shelf be provided far emergency purposes (~Z} gleaning egur'pmenl. equipment shelf be provided in the storage and charging areas and elsewhere as needed to allow cleaning after each day of operation ar as may be required in order to maintain the facility in ~ sanitary condition, ~~ 3} Sa~e1y equipment, The charging openings, as well as all equipment throughout the plant, shall be provided with safety equipment. ~~ 4} Vef7icie slacking facilities, Adequate facilities must be provided to ensure that no vehicle desiring entry into the site will have to wait outside the perimeter of the waste burning facility site. ~~ 5} ~ecurily. The waste burning facility shall be, fenced or otherwise secured and a gate shall be provided at the entrance to the site and kept locked when an attendant is not an duty. ~~ ~} Landscaping, The waste burning facility shall be landscaped in such a manner as to be compatible with adjacent uses and aesthetically pleasing in appearance. fib} ~'he city council may, in its discretion, specify additional minimal requirements and conditions far the ®peration of waste burning facilities which shall be complied with as a condition for the issuance and renewal of a license. (Code 1982, § 604.28(3)} ice ~ erf~r~~nce s~na~d~ ~a} A person who has been granted a license by the city council to operate a waste burning facility shall h~~p;llZi~~ar~~,mug.icode,coml.efauit~testlDoc'~iewll34Z~1~1~~191 31I2124~0 AI~T~CL~ fX~, ~~~,~I~'~A~~'E FA~~L~T~~S~ comply with the following performance standards; Fade ~ 9 of ~3 ~~ } ~Iazar~ous waste pronibito~. Na hazardous wastes shall be burned pr stored at any waste burning facility located in the city. ~2} dangerous wane. No dangerous wastes shall be burned at any waste burning facility in the city unless and until permission to do so has been sought and obtained from the city as provided in this article. ~3} Compliance with zoning per~orrnance standards. The aperation of a waste burning facility shall fully comply with the previsions of chapter 3Q, article UI, including specifically division 5, subdivision U, relating to performance standards tar industrial uses, ~~} Tours o~ operation, All operations at waste burning facilities within the city shall be conducted between the hours specified by the city council in the license for the taciiity. ~5} Combustion performanco, Cambustian performance at waste burning facilities shelf conform to all applicable regulations of the state pollution central agency now or hereafter adapted, and to the design and performance specifications set forth in the application materials fcr the facility and approved by the city, to produce satisfactory residue and to result in as odor-tree and pollution-free an operation as is feasible. Copies of all records and reports prepared by the operator or licensee and transmitted to the state pollution control agency shall be transmitted to the city if requested by the city. ~5} ~esiduo a~ispasal. Ali solid waste residue removed from the waste burning facility shall be promptly disposed of in a manner that will prevent nuisances, land pollution, and public health hazards, residue containing combustible material shall be disposed of in a sanitary landfill as permitted by the city and the license for the waste burning facility. Solid waste ash and other residue from waste burning facilities shall not be disposed of in any sanitary landfill located within the city, unless specific permission to do so has been obtained from the city council, The city council may restrict the disposal at any sanitary landfill located within the city of ash, residue, or unburned solid waste which has been generated outside of the county. ~~} Orderly maintenance, The premises, entrance and exits of all waste burning facilities shall be maintained in a clean, neat, and orderly manner at all times. ~5} ~l~risat~ce control. Measures to control rodents, flies, odors, dust, windblown material, and ether potential public nuisances shall be adequate to prevent or eliminate any public nuisance, Should the city so prescribe, the licensee at his own expense shall engage an exterminator or pest control agent to inspect the waste burning facility vn at least a monthly bests, A copy of each inspection report shall be sent t®the city immediately open its receipt by the licensee. ~9} Inspections. Upon completion of the waste burning facility and prior to initial operation, the city shelf be notified to allow personnel of the city to inspect the facility both prior to and during operation. ~~ a} Perrormance fasting. Performance testing of the waste burning facility shall be required by the city council. The city council shall determine the type and frequency of performance tests to be provided in the license for each facility. A report covering the results of the performance test in each case shall be prepared by the design engineer of the facility and submitted tc~ the city with a copy Qf elf supporting data, ~~ 1 } Tra~'ic control, All incoming and outgoing traffic shelf 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 genera! traffic, All roads used for traffic to and from the facility shall Beall-weather hard surfaced. fib} The city council, at the time of issuance of the solid waste facility license for the operation of the waste burning facility, may modify any of fhe provisions of this section, or impose additional requirements, if it finds the plan at aperation or ether information submitted with the application or other factors make the impositiDn of additional requirements ar standards necessary to protect and safeguard the public health, safety, and general welfare, (Gods 1982, § 604.28(4)) http;lllrb~•ary~ .municode.ca~.ldefaul~-testlDocViewl~ 3~~71118~191 31~2120~ d ARTfCL~ f~T, SC~L~~ ~~~T~ ~'A~~LXT~~~ ~ secs. 5~-~ 95d-58~~~ o. reserved. II ~ [~IT~ ~. n ~®hib~~ areas. Pale 20 of ~3 No solid waste processing facility shall be located, operated or maintained in any area of the city other than those areas where solid waste processing facilities are a permitted or a conditional use pursuant tv chapter 3U, article Vi, nor shall such facilities be allowed to locate within; (1) A regional floodplain (100-year flood). (2) A wetland. ~3} Five hundred feet of the nearest edge of the right-af-way of any state, federal, or interstate highway or the boundary of a public park ar of an occupied dwelling. permission may be granted to vary the distance requirement of this subsection ~3} in the discretion ~of the city council, taking into consideration such factors as noise, dust, litter, and other aesthetic and environmental considerations. ~4} An area which is unsuitable because of reasons relating to topography, geology, hydrology, soils, air quality, or proximity to wells used far potable water supply. (Cody 1982, § 604.30(1)) It is unlawful for any person to construct, establish, operate, or maintain a solid waste processing facility, including a resource recovery facility, a waste reduction facility, a refuse derived fuel facility, etc,, without first being licensed to do so by the city. Application for a solid waste facility license to operate a solid waste processing facility shalt be made in writing to the city and delivered to the city building and zoning administrator, The application shall contain the following information: ~~} The name and address of the person requesting the license, ~~} The name and address of the owner of the proposed solid waste processing facility. ~8} The Warne and address of the person responsible for actual operation and maintenance of the proposed solid waste processing facility, ~4} The street address and legal property description of the property on which the solid waste processing facility is proposed to be located. ~5} The present and future population and areas expected to be served by the proposed solid waste processing facility. ~5} The characteristics, quantities, and sources of solid waste to be processed at the solid waste processing facility, ~7} A minimum of two sots of plans and specifications prepared by a registered engineer of the state clearly indicating the construction which wilt be undertaken, ~~~ A plan showing the land uses and caning, and the location, type, and height of all buildings, within ,Ogg feet of the proposed solid waste processing facility. ~9} An engineering report including design criteria and expected performance data detailing the proposed operating procedures far the solid waste processing facility, including; ~~tp:ll ~ibra~ 1, mun~code. co~~ldefaultptcs~Dac~Vic~l t 3 ~~71 ~ 1 S Sl ~ 1 ~ ~ l ~ ~1 Z~ ~ g ART~~~,~ ~~~, S SLID '~'AST~ ~~.~~L~TIES ~ ~a~e Z1 of ~3 a. All steps which will be taken to ensure that any solid waste brought to the solid wane processing facility is entirely contained in the facility and that aperafiion of the facility will not resulfi in any land pollution. b, all safefiy measures and precautions which will be taken with respect fio the processing facility. c. ~ plan for dust, litter, and noise confirol, ~~ 0} Mans far the transporfiafiion of solid waste to and from the facility, including specific public and private roadways to be ufiilized for these purposes and the volume of truck traffic which fibs solid waste processing facility will generate on these ~raadways. ~~ ~} Specific plans for the disposal of solid waste and hazardous or dangerous waste received, generated, or processed at the facility, and for the emergency disposal of solid waste not processed due to tacility breakdowns, including the [dentifcatian of any sanitary landfill located within the city proposed fio be used far disposal of solid waste processed at the facility or tar the emergency disposal of solid waste brought to the facility and not processed. ~1~7 Such additional information and data as may be required by the city building and zoning administrafiar, the planning commission, or the city council, (Code 1982, § 604.30(2)) ~r ~2~ ~ ~n~murn ~equaren~~n~sR ~a} The fallowing minimum requirements shall be established, constructed, provided, and maintained for a solid waste processing facility: ~~} Profocfion o~ public hoal~h, ~a~efy ar~d welfare. The solid waste processing facility shall be so situated, equipped, operated, and maintained as to minimize, to the maximum extent possible, using the best available technology, any potential adverse impact on the public health, safety, and general welfare, ~~} lrrfer~erence with other usos, The solid waste processing facility shall be so situated, equipped, operated, and maintained as to minimize impacts on and infierference with other land uses and activifiies in the area, ~~} Pollution control equipmon~, The solid waste processing facility shall be equipped with the best available technology for confirolling washwater, leachate, and other potential pollutants. The city council may require that specific pollution and control equipment be provided if, in its sole discretion, such equipment is necessary to protect the health, safety, and general welfare of the community, (4} ~'mployec shelter and sanitary ~acilifies. Shelter and sanitary faci(ifiies shall be available for plant personnel, ~~~ Display o~ in~ormafion; hours open fa pcrbl~c. Subjecfi to approval by the city council, the licensee shall erect and maintain at each entrance to the facility a permanent sign stating the name of the facility and the state pollution control agency permit number of the facility and indicating the hours and days the plant is apes far public use. Access to the plant shall be [invited to those tines when authorized personnel are on duty, ~~} Unloading. ill incoming solid waste to be processed at the facility shall be confined fie the unloading area, ~dequafie capacity shall be provided. No processed or unprocessed solid waste shall be stared except in fully enclosed erase, except that recovered metals nay be stared in open top trailers. (~itter control devices, as necessary, shall be provided in unloading areas and other areas of the facility. ~7} Dusf and adar control, l~acilifiies shall be designed to provide far dust and odor control in hip:l~l~hxary~.gun.icode.cornldefau~~~testl~oc'Viewl~34~71~1~819~ 31~212D~0 A,I~TICLI~ III, SOLID ~A~~T~ ~~.~ILITI~~~ I'a~e ~~ of ~3 unloading and processing areas. ~~} Weig~rr'ng >Facifi~ies; recar~s. valid waste processing facilities shall have weighing facilities available. Permanent records shall be maintained indicating the total weight of malarial processed, the total quantify of resulting processed waste, and total hours of plant operations. These records shat[ be available for inspection upon request by the city, ~9} dire eguipmen~, firefighting equipment meeting the standards of Underwriters' laboratories, Inc,, or other approved nationally recognized safety standards, shat! be available in the unloading and storage areas and elsewhere as needed, ~~0} Fire praieciion. Arrangements shall be made with the local Tire protection agency to provide firefighting forces in an emergency. ~~ ~ } emergency comrnunica~ion ~acili~ies. Adequate communication facilities shall be provided for emergency purposes, ~1 ~} Meaning eq-uipmen~. equipment shall be provided in the unloading and storage areas and elsewhere as needed to allow cleaning after each day of operation ar as may be required in artier to maintain the facility in a sanitary condition. ~~ ~} Sa~et~y equiprnen~. The solid waste processing facility shall be provided with safety equipment as necessary and required by the city council, ~~ ~} Vehicle slacking ~aciiities, Adequate facilities must be provided to ensure that no vehicle desiring entry into the solid waste processing facility during permitted receiving haute will have to wait outside the perimeter of the processing facility site, ~'i5y ~ecurr'iy, The site shall be fenced and a gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. ~~ 5} ~.andscaping, The solid waste processing facility premises shat! be landscaped in such a manner as to be compatible with adjacent uses and aesthetically pleasing in appearance, fib} The city counci! may, in its discretion, specify additional minimum requirements and conditions for the operation of solid waste processing facilities which shall be complied with as a condition for the issuance and renewal of a license, (Code 1982, § 6p4.30(3)) c~ ~~e P~r~~r~~ca ndr. ~a} A person who has been granted a license by the city council to operate a solid waste processing facility shall comply with the fallowing pe~ermance standards: ~~ } F~azardaus waste prahibiie~. Na hazardous waste shall be processed at any solid waste processing facility within the city, ~lazardous wastes deposited at a solid waste processing facility shall be segregated by the operator of the facility and disposed of as provided by state law, ~~} [~angeraus wanes. No dangerous wastes shall be processed in any solid waste processing facility within the city, Dangerous waste deposited at a solid waste processing facility shall be disposed of by the operator of the facility as required by state law, ~3} Compliance with caning performance standards. The operation of all solid waste processing facilities within the city shall fully comply with pe~ormance standards and other requirements of chapter fig, article 111, including specifically division 5, subdivision V, relating to performance standards for industrial uses. ~~4} Hours of operation, All operations at solid waste processing facilities within the city shall be conducted between the hours specified by the city council in the license Earths facility. httptll~zbrar~ 1.u~unicade,camldefaultwte~tlDocViowll 34271I1881~ I ~lI ~12~ I U A~.TICI~I~ III, ~~IaID ~U'~~TI~ ~'A.CII~ITI~~~ Pale ~3 of Z3 ~b~ ~a~e apera~~ar~, The safid waste processing facility shall be operated in a manner so as to ensure the safest possible operation. The city shall be notified immediately upon the release or spill of hazardous materials atthe facility, or of any other dangerous condition at the facility. ~G} ~ra~erty mainfenance. The premises, entrance and exits of all solid waste processing facilities shall be maintained in ~ clean, neat, and orderly manner at all times. ~~} fvuisar~ce car~~ral, Measures to control rodents, flies, adore, dust, windblown c~aterial, and other potential public nuisances shall be adequate to prevent or eliminate any public nuisance, Should the city sa prescribe, the licensee, at his own expense, shill engage an exterminator or pest central agent to inspect the solid waste processing facility an at least a monthly basis. A copy of each inspection report shall be sent to the city immediately upon its receipt by the licensee, ~~} frtspec~iarrs, ~n car~pletian of the solid waste processing facility and prior to initial operation, the city shall be notified to allow personnel of the city to inspect the facility both prior to and during operation. ~9} per~orrnance ~es~r'ng. Performance testing of the solid waste processing facility maybe required by the city council. The city council shall determine the type and frequency of pe~ormance Testing to be provided in the license far each facility, ~ report covering results of the performance test in each case shall be prepared by the design engineer of the facility and submitted to the city with a copy of all supporting data, ~~ 0} T'ra~fic con~ro~, All incoming and outgoing traffic 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 ar interfere with general traffic, All roads used for traffic to and from the facility shall be alfrweather hard surfaced, ~~ ~} ~UClC~ WaS~e Q~1S~05~j. All solid waste processed in the solid waste processing facility shelf be promptly moved from the facility and disposed of in a manner that will prevent nuisances, land pollution, and public health hazards, and as allowed by the city council. The city council may restrict the disposal at any sanitary landfill located within the city of processed or unpraeessed solid waste deposited at the solid waste processing facility which has been generated outside of the county, ~~~} Was wafer, All truck and facility washwater shall be captured and retained and not enter the area surface water or groundwater system, lVo washwater shall be delivered to the city's sewage treatment plant ar introduced into the city's sewer system unless and until specific permission to do so is granted by the city. The city wif f require testing of washwater before allowing disposal in the city sewer system. fib} The city council, at the time of issuance of the solid waste facility license for the operation of the safid waste processing facility, may modify any of the provisions of this section, or impose additional requirements, if it finds the plan of operation or infarmatian submitted with the application ar other factors make the imposition of additions! requirements or standards necessary to protect and safeguard the public health, safety, and general welfare, (Code 1982, § 604.30(4)) ht~p;//lib~a.~y ~ ,mu~ica~e,co~ldefault~tes~Doc~iew113~~'~lI 18819I alt ~1~010 ~a~o 1 of ~ erry, ~~ ~~ ~.. . - . _ - ~~~. ..... ... .~ ... _ . .~.... .......... ... _ ._ .. _ . .. ,~.,a F~~m: Jahnson, Terry [T~ohnson8~wm.c4m~ ~e~~; Wednesday, March 10, ~~~ 4 ~;5a PM T~: Perry, hack Y, ub~ec~: Elk River ~t~achmen~s: FDA rev rept response Itr,dac; Covertorevisedhydroreport,dvc; Fw ReviewComments on the Revised Hydrageo Report phase i and II}and Phase illphase III Work Plan.tx~; LEtiViNA,xls; FW Elk River Landfiill Review ofi Phase III Report for MSV11 Expansion,txt; Elk River Landfill - Supplements! Phase III Hydrogealagic Evaluation Wark plan MSw expansion Area.txt Jack 1Carious Correspondence with the City ol" Efk River aver the FDA investigation end estabiishment ai~ a manitar~ng program,. Also a summary o~ Matt ~.edvina biiiings for work an behalf o~ the City. w...-....~...Y-,~.r ...~,~...r...~_..r..,...w . .. ... .. .. ._ ...... .. ....... .... . ~,z,.,K.,~. wade ~n~gen~en~ rec~cle~ ~n~~~h ppe~ ev~r~ y~a~ ~o save 4~ mil~~on ~ee~. y nab priming ~h~ ~n~il, you pan h~~p ,save ~~~ ~~~~. This email has bean scanned ~'o~ all viruses by the Mcssa~c~,abs SkyScan service. ~h~~p.ll~vww.messa~elabs,com} ~ ~T ~5~ 311~120~Q t~ctober 7, 2005 Project 00790~.O~O,o Il~r. John Elks Minnesota Pollution Control Agency 520 Lafayette Raad North St. Paul, MN 55155 Mr, Matt Ledvina Natural Resource group, lnc, ~Ot~~ South Sri' Street, Ste 1000 Minneapolis, MN 55402 Subject: Response to MPCA Cornta~ent Letter dated July 2C, 2005 and Comments ernailed August 25, 2Q05 an behalf of the City of Elk River pertaining to the Revised Hydrageol~ogic Evaluation Phase ~ and 11) Report, Water Monitoring System Phase ~~~~ Report, and Phase r~ Water Quality Manitoring'~ork Plan, South Development Area, SWr74 Elk River Landfill, Elk River Minnesota Dear Mr. Elks and~Mr, Ledvina; Thank you far your reviews of the Revised Hydrogeolagic Evaluation Phase ~ a~~d ~Z~ Repo~~;, Water Monitoring System Phase r~~~ Report, and Phasc 1~ Water Quality Monitoring Work Plan, South Development Area prepared far the Elk River Landfill. Attached to this letter is an A.ddendun~ to the Revised Report containing replacement test and figures per the issued canunents, Below are respa~ases to the eornnaents provided in the July 2G, 2005 MPCA comment letter and the August 25 comments smelled on behalf of the City of Elk River, ~`or clarity, the original consents are reproduced in italics and are followed by responses in standard fart, PEA. ~oment~ dated Jul ~G X005 1. Sectr'on ~. ~~ 5 ~efe~ences three water level monitoring events, only two events were submitted in Ta~1e 3. The narrative wild be corrected to reflect data ~efe~enced in 7'a~le 3. The narrative has been changed as described and replacement test for Section 4,2.5 is included in the attached Addendum. ,~, deference to .~.PC.~ coretents dated ~a~gust 6, ~~D4, will ~e included in Section 8, D, ,References The following correspondence has been added to Section 8,01References section in the attached ,A.ddenduna: MPCA camn~ent letter to WM~ dated August ~, 2004 a MPCA comment letter to WM~ dated July ~~, 2005 Mr, John elks, M~~A Mr. Matt ~,edvina, ~R~ October 7, ~D~~ Page ~ ~~~ comments via email to wMI on July 2~, 2~~4 N~.C can~rnents via email to wMl an August 25, ~~05 3, ~'he lithology of SAS on the soil boring log at total depth will be corrected the li~halagic descrzp~ion has bee~~ corrected and a revised log is attached, ~, ~`he ~PC~4 recommends that proposed monitoring wells.P~3Z.l~` and p~.~,~.Z~', located along the southern margin of the South DevelopmentArea (S,~S) be moved northward to coincide with the ~~ year footprint..~IpC~4 understands the current operations of the sand and gravel mining could complicate placement of these groundwater monitoring wells, ~'he .MPC~ will word with haste ~anagernent on the final location of these wells, potential future development of the SD~1 will required abandonment of these wells and the i~tstallation of additional groundwater rno~~itoring wells wrong the southern margin of the facility..~IpC.~ staff understands that a revised phase r~ ~'ater ~uarity ~lonitorir~g i~orl~ Flan wilt be submitted, wM~ a rz~eed to this eonca t wk~ic~h wil! be addressed in t~.c ~ahase ~~ water ~ualit Manrtor~n ~ warl~ l'.Ia~a,_~P~~~~.i~~~~,~p;~~e' , ~, ~~e~a~1-ate s~~~; N~ ~omn~en~s dated Au ~~s~ ~~ p~~ 'DMZ recog~aizes the comments regarding alternative stratigrapl~ic iu.terpretatlon presented in the comment letter and will continue to refine the wo~~l~ing stratigraphic model of the site as add~txor~al ~.ata is gathered, 1, Figures ~ ~, .19, and .~0 should be revised to show the extension of the f low boundary further to the east in the northwest area o f the 5.~.~, Revised ~~igures 17, l9, and Z~ arcs included in the attached Addendum. ~, ~`he Compliance boundary should include well 3~ 7 QW~ during the early stages of development, 'his well will subsequently be abandoned as filling progresses to cell ~4, wM~ will include wolf 317~wA in tl~e compliance mar~itaring prograrra until the well is abandoned, C;IDacurnen#s a~~d setti,~lpera~cl~,ocal Settin~empararx~~~temet T'iles101,K33E1SpA rev refit respoi~s~ Itr~docG;laa~~~e-a~~ S~g~1#~el~~e~~~e~i~~~er~~e~~t-~1e~19~~~~-~e~-r~~t-x~e~n~e-4#r;d~e Mr. John Elks, M~'C~A Mx, Math ~edvina, NRG ~ctaber 7, 2005 Wage 3 Thank you both far your comments and input during this pro~eet. vie are confident that the working model of the site will resu.It in a reliable anal ef~~cient environme~atal ~nonitarzng system, If you should have any questions, Tease contact Mr. Ferry Johnson of haste Management, lnc. at 95~w47 ~ ~94~9, Sincerely yours, Jim. Eidem ~eomatri~, Consultants, Inc, ~ra~ect ~-~ydrogeolgist cc; Deb v~'alte~~s, Elk River lr,an~d~ill, inc. Stephanie Stolz, Elk River landfill, Inc, Deb McDonald, v~aste Mar~agenaent, Inc, Rebecca I~aug, City of Elie River Dave Lucas, Sherbu~~ne County Jeffery bbl, E arr Engineering Cam~any ~'e~~y Johnson 'VLraste Management, Inc, Directol~,_Ground~rater I~,rotectxo~~ P~sogra~n~~ C,1Docu~net~ts and Settin~slt~riacl~acal Settin~slTempora~y ~itemet FileslaL~.33E~5DA rev r~;~t resi7onse ltr,doc~;lDae~~~n#s-~nd 134"~Ci~~~}f'tnnn~]TJVGL~17T~E~~'Cl'8~~~~~~+~'#`fLClJ'1~]'.~V~~i~. ~ g$ T~ 14~ ~ '~' quite 2O~J, 3~Q~ Shoreline Drive, Vvay~afa, Minnesota ~539~ phone; 95~~47~-949 ~ fax: 9~2~47~~94~~ June ~, ~0~5 Mr, John Esl~s ~i`vision Metra District Section Regular ~`acilities ll~innesota Pollution Control Agency 5Z4 ~ayfayette Road St. Paul, Minnesota 55155 Mr. Matt Ledvina Natural Resource group, Inc $o South 8t~' Street N~inneapolis, MN 55402 ievzse~. ~drogeo~ogic ~va~~at~o~ ~Pha~c ~ azad ~I} .cpo~•t, wate~• o~.itoring Systcrn ~~h~.sc r~} Rcpart and ~.'hase ~'~ water ~a~i~ Mo~itori~~g word ~'1an, ~o~th ~evelopm.cnt ,Area, Elk .fiver ~an~fill ~~w~7'4}, 11~ .lverg ll~ Dear Mr, Sirs; Enclosed are two Copies of the Subject Repa~~t for the proposed Permit Modificatio~a at the referenced facility, The repar~t has been revised to include findings frog. additional in~restigation conducted as part of the Supplemental Phase III ~-~ydrogeologic Evaluation and details to address the comments submitted on behalf of the Minnesota Pollution Contras Agency August ~, 2004} and the City of Ells River May 11, 2004}, To assist you with review of the revised report the refe~~enccd camments are reproduced below in italics followed by responses in standard font, MICA Comment fetter dated Au u~t G ZOO4 1. The h,~d~aul~c p~^npertres of the upper autwash sand were. ~e~Z defined, ~Iawe~er, the hydraulic ~e~ati~nship between the lower out~ash sand, the tirl unit, and the upper outwash sand has not been defined. ~'ar example, what is the Zever of the patentiometric surface of the dower autwash sand? also, could ~t be determined if the rower outwash sand was saturated at the base of the tzrZ unit? ~4dditional Pale 2 of ~ Le~~er to N~~•, ~pli~i E[l~s Mr. N~~t#t Ledvina RE; Revised SDA ~ydro~ealo~ic Evalu~~ian Re~art Elk River La~nd~IC, ~~ic. cha~acteri~zatian of the lower outwash sand is needed, The direction ar~d rate of groundwater flow of the rower autwash sand'shall ~~ dacurnented, Two soil borings and four pie7ometers wore installed between November ~~04 and April 200 to evaluate the hydraulic relationship between the upper and lower outwash units. The four pie~orneters were completed in the lower outwash unit as deeper pairs to existing monitoring wells 3 l 5®~wA, 316~OwA, 31 ~~nwA, and l'p31$~. hydraulic head. data from the well pairs yields the following inforn~atian: ~ This add.itianal worl~ indicates tla.at the SU. e~~ior till u~.ts for~n a canti~auous ~on~irtin la e~• betwee~~ th.e u er and lower o~~,twash~ ~ 1"h~ dower autwash unit l.s full ~atua at~~.~ ~ The potentiometric surface in the lower outwash is approximately four feet lower than the hydraulic head in the upper outwash indicating a downward potential through tlae till that separates the two outwash deposits; The direction of groundwater flow in the lower outwash is to the southwest; and ® The ave~•age linear groundwater velocity through the lower outwash unit is approximately l3 fact per year, 1]iscussian regarding the hydraulic relationship between the upper and lower outw~h units is included in Section 4.2,5, 2, how was the till isapach rnap generated? Please provide, in the narrative, a description of how the thicl~ness of the till unit was determined, and give e~an~pl es from representative borings. Can the cross sections, pleas Shaw dashed contacts were its thicl~ness is estimated, additionally, is the till unit continuous across the site? ~f not, the upper and lower outwash could be hydraulically connected, particularly in the area of sort borings 5.~~9, SP~~4 and S~~,ZS, Geologic data from the two recently advanced soil borings, SAS 1 and 552, suggest the till is continuous across the S>~A. A discussion of how the till thickness map was generated. is included in S ection 4,1.2. Additionally, the estimated till thickness is illustrated on the Cross sectiDn f gUI'eS. 3. .how do current groundwater elevations at the South ~]evelopment Area compare historically with groundwater elevations measured at the existing facility? Elsa, please document the relationship Uetween current groundwater elevations and the proposed liner elevation, A, hydrograph illustrating water levels from the SI~A and the existing facility is attached. as figure 1 ~. The hydrograph indicates that the S1]A water level data has been collected during a period of average to high water table elevations at the existing facility. The water levels measured at the existing facility fluxing 244 are consistent with those measured. from 199 to 1 ~9~ and are apprax,im.atelyfeur feet higher than page ~ a#' b Letter ~o IMr. Join ~1ks ~ Nor. Matt Ledv~~~a ~~: Revised FDA Hydr~~e~lagic ~vaiuatinn Report Lik River ,andf E~, ~~~c. the low water levels measured from X000 to ~00~. This analysis indicates that the SIaA water level data set is valid for establishing the base grade of the proposed development, 4, Neater elevation data depicted an the cross~sections often does not correspond to the elevation data documented an Many of the boring rags..l'lease provide an explanation, in the narrative, an liow the water elevation an the crass sections was determined. also provide an explanation on the inconsistencieshetween the water revel an the boring logs and those noted on the cross sections. The groundwater surfaces illustrated the cross sections are based an the hydraulic heads measured in the SI~,A monitoring wells on August ~Z, ~00~, The water levels on the soil boring logs were recorded. for co~.pleteness purposes only and do not represent accuxate water table or potentiom.etric surfaces due to a number of factors including the use of water during drilling and sail sample extrusion.~use rey~~~~ se~~~e~c~ ~~o~n re ort, A discussion of the applicability of water levels an the boring lags is included in Section x,1,2, 5 Y 10, 1l~inor revisions The minor revisions have been addressed. A.dditianally, informatiala regarding site preparation and survey control has been added to .Appendix ~ to describe the methods utilized during the investigations. ~~ o~ l~ ~~er ~m~.xx dated a ~ ~ 20~~ 1. I~r~ge 7, ~`r~rface ~Yafer; Several statements are made concerning the surface water management. It is indicated that the wetland in southwest portion of the site will not he affected by the development of the site, The engineering design for the su~;~ace ~~ater routing will result in a signs scant change in the hydraulics for the wetland area, The affects an the wetland are unknown at this time, The signs zcance of localized groundwater recharge from in~ltratian at the sedimentation ponds is unknawr~ at this ti~rae. tt may be appropriate to assess i~tapacts to the wetland area and groundwater using a technical approach. prior to land~li development, the site will be ~.ined for sand and gravel, The affects of the sand and gravel mining an the wetland in the southwest coiner of the site are unl~nown at this time, thus it is difficultlnot possible to assess specific affects the proposed development will have on the wetland. Jim ,~ 1 would see whetiaer o~~ not wencl~ has addressed. these issues ~. gage ~'a, ~Yater ell ~`~~vey; A comprehensive updated water well survey is presented, The ridges of nice fake community water supply well is located Page ~ of 6 fetter to fir, Jah~t ~~~5 11~Y~r. Matt ~edvina R~: Revised s~]A %tydro~eaiug're Evaluation Report ~i6~ River Lar~dfi~i, Inc, approximately 2/3 mile downgradient of the site. The potential for impacts to this welt is very small considering the well cased to a depth of yearly 3~~feet, however ~I~.~ should consider the inclusion of this well in the residential well monitoring program, wI1~T currently ~~.onitors the Ridges of T~.ce T1aI~e community water supply well annually on a voluntarily basis. ~a,~e .~5, ~ontxnuo~s ~lllLayer; ~ discussion is provided regarding the fine grained soil deposits (tills separating the ``upper autwash" unit from the "lower outwash"unit. It is stated that the thickness of till deposits varies from S to more than SD feet at the Site, .l~ figure 15' presents a Till rsopach .dap which shows areas of the site where the till thicl~ness is less than ten feet. Although it is not stated within the text of the report or on .the map, it is implied that the till layer is continuous throughout the site. ~'he available bori~~g data suggest that the till layer is continuous, however, the borings in the west central portion of the site da not extend to an adequate depth to definitely make this conclusion. It should be noted that borings ~, I6(~}, ~4, ~5 to da not provide evidence that the till is continuous. It should be further noted that the geologic crassp sections which depict a continuous till layer for this portion of the site are interpretive, `here exists a passibility that the till is discontinuous at the site and the upper and lower vutwash units are in hydraulic connection. It should be noted that the absence of the tilt layer is the situation which is present for the existing landf ll area in the vicinity of the ~~~ shop, ~iscantinuity of the layer has impl icatians for establishing an effective groundwater monitoring system at the site. Geologic data frog: the recently advanced soil ba~~ings, ~B51 and 5~5~, suggest tbo till xs continuous across the site. ~'~ ~. ~ ~ :-~~ r E 3, ~'a,~e ~0, ~'ror~ndwate~ i,~c~iarge; The report states that groundwater in the north central portion of the site,~ows northwest and is interpreted to discharge to dice Lake/I'ibbits 1~roo1~, It is understand that ~~I has conducted additional site investigation related to the groundwater impacts from the existing waste deposit, Ida data has yet been presented to support this groundwater discharge canclusian, Results of the second and final phase of the Rine LakelTibbits ~roo~ Area groundwater investigation will ~be su~b~itted shortly. Results from the second phase of Investigation support the groundwater discharge Conceptual model, ~. gage ~z, Gror~nc~water anitori~ago Y~.~II proposes the addition of one nested piezometer in the tower outwash to evaluate the hydraulic gradient across the till layer, Given the concerns regarding the continuity of till layer, the piezometer should be utilized as a monitoring well and included in the proposed monitoring work plan. A second nested monitoring well (P3~~C location suggested} should be installed along the western portion of the south boundary for similar gradient and water quality monitoring purposes. Page ~ a~ 6 Letter to I~r. Galin [its ~ 1l~r, NCi att Ledvin~ R~: Revised SUA i~ydragealogic evaluation ~te~art ~~k River Lanc~~ll, ~r~c, A maximum spacing of QUO feet between downgradient compliance boundary monitoring wells has be used fay the existing landfirl~ ~t is suggested that this maximum spacing be maintained for the landfill expansion. This implies that several additional upper autwash monitoring wells would be included in the monitoring network, The outwash unit cansistutes the uppermost saturated grou~~dwater ~.ow pathway ~.t the Site. hydraulic head rn.onitoring at the ~~~ indicates there is a downward hydraulic potential between the outwasl1 and lower autwash units, ~a~~nwax~d :~o~ ~o~entia~ ~s not unusual for erx~eable units underlain b low ern~eabilit r de osxts and It ~s x~.4t ind.i.cative of actual :~.ow direction. The weight o:~ the evidence su ~ usts tl~.at flaw in bath out~wash units is h.ori~o.x~tal and that these units a~•e not i.n direct h draulic co~~aectian. rl~his evidence includes ~~~ST ~cr our l~l~eti~1 r, however the otential does not ;however, downward migration of groundwater is not predicted due to the continuous till deposit at the bite. Different h ldraulic ~ radi.ents between units u~~ifornait of tl~:e radients~flaw hold. in each u~~it -- i~` their were a si rni~icant connaction it would, be reflected in the .,radients. Accordingly, v~~~ proposes routinely rnonitaring groundwater quality in the outwash unit, ~~ t~~e-p~~-r~~~.~-- CJ.~fJGC"i~~ sti _#~~ r.~ ~Z~~ ti(~xY rn cr h ~'~'~.~~ ~ ~ ' , ' ~""~.~'~: ~~~d~.oc~r-~-i-~~g~~;-~-~t should also be noted that ~M~ will continue to monitor groundwater quality in residential walls west of tl~c SDA an an annual basis, The ~QO foot spacing interval on the downgradient side of the existing facility was largely based on the presence of the unlined, pre~subtitle D portion of the landfill, Tl~e spacing of the proposed monitoring points for the SD,A is nearly 4Q~ feet but tapes into account the till highs that act as boundaries to groundwater flow along the west and sartthern property lines. S. gage ~~, ~~'erl Z~~stallatia~ ~`c~edule; The report states that the current network of monitoring wells is sufficient to monitor the expansion of the~ll area through `ell ~0, The sauthe~ly limit of~ll of `ell ~~ would car~espond to plarz station 24,100 based an available engineering plans far site development. f'r'om the ~`anceptual .~ydrogealogic I~lodel, .figure ~ ~, a southwesterly component to groundwater f low from portions of the proposed~ll area is apparent, There are no monitoring wells existing ar planned within a reasonably close distanoe that would intercept these groundwater flaw lines, The suitability of the existing network of wells to monitor the development of the site through `ell ~0 is questionable. The expected life of the facility is more t1~an ~9 yearn The total remaining life of the existing permitted landfill area and the expansion area is more than Z8 years, The existing and proposed monitoring wells are located at the distance roughly X00 feet from the ultimate f ll boundaries. The functionality of an early warning monitoring system during the operational l fe of the site with wells located in the proposed positions is questionable The a~verall schedule far the placement of mar~itaring wells in relation to the site development needs to be further evaluated. ~'a~e G oi' ~ Ect~~t~ ~a fir. Joh~~ Elits ~ Mr. ~at# Eedvix~a RE; ~eviscd ~I~A l~ydra~eoio~ic Evaiua~iora Report EIk River Eandfiii, inc. A sequenced approach to monitoring system development is necessary when landf ill development progresses in a downgradient fashion and the prof ected life/capacity of the proposed development is extended, It r`s suggested that the wells proposed for the southern property boundary be moved northward to a position whic~i coincides with the ten~yea~ waste~ll limit. These wells would subsequently be replaced with weds located at the south property boundary when tlie~ll progresses to this point, rt slio~cld be noted that if the waste ~~eceiuing rated d~c~^eas~, the wells would b~ in posztian to monitor the facility on an expanded tune frame, The proposed SSA cells are graded to direct leachate toward the collection sumps on the eastern portion of the site. The leachate sumps are considered the most likely locat~ans of an environment~.l release due to the accumulation of up to 12ainches of leachate head. above the liner, ~3ased an observed gxaun.dwater elevations, a release of leachate from the sump of cell ~o is anticipated to migrate to proposed monitoring paints ~ i S-Q~'A or 3~~p~WA, Please refer to Figure 2~, As indicated. by the MPCA., the configuration of the groundwater monitoring system shall not be determined until completion of the hydrogeolagic investigation. Z sincerely appreciate your input on this project and the appart~.nity to discuss the scope of the investigatiou. with you at various stages. Please contact me at your convenience if you have any questions. Si~acerely, Terry Johnson I~ire~tor, groundwater Protection Program Waste Management, Znc, Encl Cc: deb ~ehn, Elk River Landfill Stephanie Stab, Elk River Lands 11 Ueb Mc~onald, Waste Management, inc. Steve Rohlf, .City of Elk Rl.ver have Lucas, Shez~burne County Jeffery Ubi, Farr Engineering Company Jim Eidem, geomatrix Consultants, znc. I ~ Rev~ewcamments on the Revised ~! dro ea Re art Phase ~ and ~~} and Phase TZZPhase zv work P1an.t~ ' Fram: Matthew ~edv' Y ,9 p, Ana ~mlledv~na~nrg~nc,com~ sent: Thursday, August ~~, Z~O~ ~,~:~1 PM To: dave;lucasC~ca,sherburne.mn.us; ~ohn.elks~pca.state.mn.us; aeb waters ~~usiness rax) ; e~ demC~geamatr~ x. cam; ~ohnsan, Terry cc : , Ra 1 f , stave ; rhaugc~ci . e1 k~ ri ve r . mn ; u s subject: Fw: Review/comments on the Revised Hydrageo Report tPhase z and ~z7 and Phase ~~z/Phase ~v work P1 an Steve Roh1f has requested that ~ forward my review and comments an the abave~ refe ran cad tapi c . ~ Regards, Matt. Matt ~.edvi na, P. E, m11 edvi naC~n rgi nc . com 6~.~. ~~9. ~~~.~ ~i rect ~1,Z . ~ ~ 9.499 t=ax From: Matthew ~edvi~na sent: Wednesday, August q~, ~Qa~ 9:~3 AM To : r' Rohl f, Steve' ; Rebecca Waug ~rf~augC~ci . e1 k--ri var. rnn , use subject: Rev~ew~camments an the Rev7sed Hydrogen Report Phase ~: and sz~ and Phase ~zY/Phase ~v worst Plan stave: ~ have completed m review of the above referenced Report for the south pevela ment Area of the wMT, ~ k River I~andfi 11. My comments are presented below ~ver~1 ,the effort answered many important questions The,deep bor7ngs,show that there ~s mare complexity and quests ons regards ng the cants nun ty for the t~ 11 1 a er between the upper and 1ower,autwash unfits which transmit ~w at the site. r t ink the water 1 eve1 data prove des suffi c~ ant evidence to support the wMx hypothesis that they are not connected , atherwi se, we would require moni tors ng of the 1 aver vutwash . P1 ease 1 et me knew i f you wool d 1 i k~ me to convey my comments . , , . , emai 1 ar letter....and to which ~nvalved parties. comments; The constru~t~ an of the 1 over vutwash , pi ezometers at 1 acati ons 3~.5, ~~.7 and ~1~ provide adds t~ onal data an the i ntegr~ ty of the t~ 11 un~ t ~ n the west and sau~;h page ~. ~ ReviewComments an the Revised Hydrageo Report phase z and ~z) and phase z~~~hase ~v work P1an.t~ dawn- rad~ ent ort~ ans of the s~ te. A11 three of the bore ngs show the occurrence of p sand ayers,,previous1 not shown on cross sections at these locations, which are present ~wi the n the ~~ 1 These sand layers lead to questions regards ng the cant~nu~ty of the t~11 layer and potential connection between the upper and lower outwash units. Cross~Section A-A` ~Addi ti ona1, data from P~l.g~ i ndi cafes the occurrence of two significant sand 1 ayers w7 the n the 1711. The upper sand 1 aver ~91~~ to 919} carrel ates , wi th a sand layer shown for s~n32. The lower sand layer ~8~9-9g5~ is ~.~ feet thick. eased an the 1 aver ti 11 contact el evat~ nns for s~ , ~~. and ss~~~ , there i s a patenti al to ~ i nterpret the twv sand 1 ayers to be ~ n connects on with the upper Qutwash unit far the s porti an of the site . gross-~sect7on ~-B' The additional data co11 ected far p~~SL adds si ni f i cance to the 1 i th~1 agi c interpretation for borings sg~~ , s~16 and s~-~.7 w i ch shows a si ~ni fi cant sand layer ro 1 be w en ~9Q n ~. or the e borin s. The sand 1a er d~ s dawn to the east ughy to ad96f s g y p and west of sg1~ w~ th a trend that could potent al l y 7 ntersect the 1 awer outwash unit. This sand layer may be connected to the sand layers shown in cross-section A~A' ith he o en i h e lower outwash units are connected to farm w t p t t al t at the upp r and a groundwater flout pathway. Cross-section G~G' The 1 i thol a~i c data for ~~.7~, shows the occurrence of two sand seams ~9Q7-9~.~ and 8$1w~97~ wi thz n the ti l 1. A si gn7 fi cant sand 1 ayer X893-~9a2~ i s shown far ss3~ further to the south. There is a strong potential far these sand 1a ere to be connected, although the cross~sectian does not show this. There is a.sa a potential that the lower sand seam could be Connected to the lower outhwash unit. The information from the additional deep borings shows the comp?exity of the geology and potential 1 ack of Conti nui ~y i n the ti 11 confi ni n layer i n the south and west portions of the site. wydraul~c cannect~on between t e upper and lower outwash units i s not supported by water l e~rel mani Lori ng 1 nformati on far nested veal 1 s , The water 1 eves dada show a verb eat head di f~erence of a proxi motel y ~. 5 feet between the outwash units at all laeations far th7s area of t e site. cross section ~~w' has been redrawn to show discontinuity in the outwash and a groundwater flow boundary 1c~cated between 5~~~ and sBT9. Figures 17, ~g and 2fl should be revised to shave the extension of the f1 aw boundary further to the east i n the northwest area of the SaA. secti an ~ .0 discusses the monitoring we11 s proposed for ~~he compliance boundary of the SDA. ~i ty of ~1 k River comments of Ma 1.1, ~po~4 i denti f'i ed the concern regarding the proposed distance of the wet S Pram the fi 11 1 i mi t during the earl years. of operation. The City suggested that a sequenced approach be taken fort e compliance ba~ndary and the p1 acement of compliance boundary wells cal nci di ng with the ~.O~year f~ 1 ~ 1 ~ m7 t. . MpCA correspondence dated ~u1 y, Z~, ~00~ , Pram Cahn ~1 ks to Tarr Johnson of wM~ indicates that a phased approach will be used far the camp lance boundary. The City supports the MPCA in relocating proposed mon~tor~ng page ~, ' ~ Rev~ewcom~nents an the Revised w dra ea Re art tPhas~ Y and z~) and Rhase x~7Phase xv work P1an,t~ wel 1 s P° z~ and ~ Z~ n Y w g p ~ ~ h ~. -- ear aste Foot r~ nt ~ c 3 C orth and to coy nc~ de w~ th t o O y w p The comp1 ~i ance baundar should ~ ncl ude well X17 owa dur~ ng the early stages of development. Thy s wel w~ l l subsec~uentl y be abandoned as fi~ l l ~ ng progresses to ce11 ~4. 5ect~ on 6, 4 d~ scusses the schedule far sampl ~ ng the mono tarp ng we11 s, however ~ t ~ s unclear when the ex7 sty ng wells 1 vested ~ n the soa w~ l l be sampled far baclcg round parameters ~ dents f7 ed ~ n the phase Tv water ~ua1 ~ ty Mon? tor? ng work P1 an . Regards, Batt ~edv~na. Matt ~.edv~ na, P. ~. m11 edv~ na~n rg~ nc . cem 6~~.~~g.?~~6 ~~rect 6~.~.347.6780 pax Page 3 ~ ~ ~ ~ o CJ O Q O ® d C? ~3 (~ ~ (~ ~ or~oooocaoooae~ ~ ~ ~i~ai~d~~c~~~a~~~ ~i ~ ~7 Ir- o OC) r E~ N "d' ~ O ~} ~ r t° M tai (~ ~ C3~ f'y '~" ~' ~ ti h ~ P F T n n n ~f ~ N N (D no N c~'~ ~= N N '~" ~' t~}{~3-bg~~~ft~~i~~s~~} ~ ~ ~ C~C~{~Caoo~'C7C~ogG7o t~ ~o~.7C7c~C7tS]©~7QbC,]C~ 1 / 1 1 . . . 1 / / 1 ~# r ~V o u} d• o ~f t~ ~° cD N c~ ~t c~ dl N C~ C~ ~' ~- C~} ~7 ~ 00 t- (A ~? t~3 ~' ~ ~ ~' ~° qo o ~0 , d' o~ oo rl n F h h ~` h ~1^' / ~• W V f ~ ~ M I ~ M I ~/ r tl! M ~ ~ o C~ C~ 00 lC? o rl o o N' (~ t ~ I~ ~ ~ ~ 'd'o•\~G~o~NC,~Noo 1 !! 1 1 ff 1 / f 7 1 e~3 AA l~lryJ l Y o o ~If `~Y ~ ~I ~I Y~ A+ • `I t~~rmoc~mcorr~mr~ ~ N r CO o I.C? 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Review of Phase ITI Report for Msw Expansion , txt From: Matthew ~edvina ~mlledvinaC~nrginc,com~ sent: Thursday, ~u1y.~~, X004 0~~1. AM , To : ddehnC~wm, cam; j e~ dem~geomat r~ x ,cam; t~ ohnson~~wm, com cc; srohlf~c-i.elk~river.mn.us subject ; Fw ~ ~1 k River ~.andfi 11 o Review of Phase ~/x~ Report for Msw Expansion ~ am farward~ ng my original commends i from May concerning the Hydra eo Report for the south expans~an area. These were ~n~t~ally sent to the MPCA and s erburne county. z apologize for not sending these to you directly before this time. Terry, Thanks far meeting yesterday, I think we need to discuss a phased approach to LF moni tors ng i n more deta~ 1, I woul d 1 i ke to a1 so have the benefit of john E1 ks' api ni on on the topic, Maybe a conference ca11 i s appropriate . .. ... ... w...wrwr w w.a.w rr w.ww.wwwww.. .w r. r.+rea .w r.. r..rrro.. .. ...w v..rwr.~.o~. radww....ps.~w.~w rrwrr.. .. r.wr. .. a.. .,. .. Matt ~.edvi na, P , E , m11 e~dvi naC~nrgi nc. com 01.x, ~~9, ~~~6 ai tact 61~,~~5,8~89 cell 61.~,~47,67~0 Fax r.. w«rwwww~r a. wwAw~w...r.•ww rw w... w....-~~+w «+.. ..., ... .. .. .., w. w... ..w .+.. w. ,~... ~~.......... ... .~.. .r ~.r .. .. .. .r r».. ww wr .. w.w w.r ... w+w.a .e. .wwwu+rw r.rrw From: Matthew Ledvina sent, Tuesday, May 1.1, Za04 Z:S~ PM _ Ta; dave,l ucasC~ca, sherburne~.mn,us; Curti Ss,haffmanG~pca, state,mn, us; icathy Holland--Manson ~ Ewmai 1 ~ ; ' john . e1 ksC~pca ,state . mn , us' cc: s rohl foci , e1 kw ri ver, mn . us ; Rebecca Naug ~ rhaugC~ci , e1 I<~-river , mn . us) subject; E1 ~c River ~.andfi 11 ~- Review of Phase ~/~z Report fQr Msw ~xpansi an Steve Roh1f requested that Y provide comments to you concerning the Phase ~/~T Repor~~ for Msw E~ ansion, The report was prepared by,GeoMatrix for wMZ, Thy city level aped a deta~ ed comment 1 after ~9/~4/0~~ concerns ng the work Plan far the s effort, Although wM2 never formally responded to the comments provided, the scope of the field work was expanded to address concerns expressed, AS requested, the number of borings was expanded from ~~ to ~~ and the depth of set act bore ngs was increased to establish an extensive soil baring data set. The physical testing, program was greats expande~ to verify the subtle differentiation of soi 1 depas~ is . z am comfortable t at the f~e1d pro ram has substantially met the goals intended and the site has been characterized wi t a few except? ons noted herein. The eo1 ogy of the site i s complex , The report does a very food job of presenting the ~i e1 d rasa co acts wa e ~ n he level a ment of 1ts,, A11 the data that was 11 d s us d t p , the hydrageolag~c ~nterpretatians presented. Future work efforts at the site wi11 bridge the data gaps that have been identified. The inter retatians contained in the re ort are comprehensive and are presented in a straig t~forward meaningful way with t e use of conceptual models and dimensional graphics. specific comments; page T, surface water: several statements are made concerning the surface water management . ~t ~i s indicated that the wetland i n the southwest portion of the site Page ~. Fw ~1 k River ~andfi 11 -Review of Phase z~~ Report for Msw ~xpansi on . tx~~ w~ 11 not be a~Ffected by the development of the s~ te, The eng~ neeri ng design 'For surface water routi n wi 11 result i n a si gn7 f ~ cant change i n the hydraul ~ cs for the wetland area. The a sects on the wetland are unknown a~ this time, The s~ gni fi cance of 1 oval ~ zed groundwater recharge from i nf~ 1 trat7 on at the sedi mentati an ponds i s unknown at this time . zt may be appropriate to assess impacts to the wetland area and groundwater using a technical approach, pa e ~.4, water well survey: A comprehensive updated water we11 survey is presented. ~" a Ri dges of Rice Fake communi t water sup 1 y we11 i s 1 ocated ,approximately Z/3 m~ 1 e , dvwng radi ent of the s~ to . T e atent~ a for 7 mpacts to the s well 7 s very sma11 cons derv n the we11 cased to a de th f n g ' o early X40, feet, however CRS. shoal d cons der the ~ ncl use on of the s wet ~ n the res~ dents a1 wee 1 mangy tor? ng program. pale ~.5, Conti nuous Ti 11 Layer; A d~ scussi on i s rovi led regardi n~ the fine-grad ned so~1 deposits ~ti11~ separat~n~ the upper outwas unit from the lower outwash un~ t. zt i s stated that the the ckness of the ti 11 depas~ is vary es from ~ to more than 5o feet at the site. Pi~ure ~~ presents a Till zsopach Map which shows areas of the site where the ti 11 the ckness i s 1 ess than ten feet, Althouggh ~ t i s not stated within the text of the re ort ar on the ma i t i s i m 1 i ed th ~~ the ti 1 , ~~ ~p a 1 1 a er ~ s cants nuous throughout t e s~ te, ~'he ava~ 1 abl e bore ng data suggest that the ti 11 1 ayer i s cant? nuous, however, the bore ngs ~ n the west central port? on of the site do not extend to an adequate depth to definitively make this conclusion. ~t should be noted that borings 9, l~ ~?~, Z~, Z5 to do not provide evidence that the ti 11 i s centi nuous. rt should be fur~~her noted that the geo1 a~~ c cross-sects ons why ch dep~ ct a cont~ nuous ti 11 1 ayer far this porti an of the s~ to are interpretive. There exists a possibility that the ti~1 is discontinuous at the site and the u per and lower outwash units are in h' draul~c connection, rt should be noted that the absence of the ti 11 1 a er i s they i tuati an which i s re en f ' y , ~ s p ~ ~ or the ex~st~ng ~ and~i 11 ~ area i n the v~ ~~ n~ ty of the ~RL shop. n1 scanty nub ty of the t~ 11 1 ayer has ~ mpl 7 cats ons far establ ~ shy ng an effective groundwater mvn~ tore ng system at the site. Page Z0, groundwater t~ischar e; The report states ghat graundwater,in the north. central pperti on of the s~ to 1 ows northwest and ~ s ~ nterpreted to d~ schar~e to R~ ce ~.ake T1 bb~ is ~roo . ~t ~ k s understaad that WM~ .has conducted additional s~ to investigation related to the groundwater im acts from the existing waste deposit, No data has yet been presented to support t is groundwater discharge conclusion. Wage ZZ, ~rvundwater Monitoring; WMT proposes the addition of one nested piezameter in the lower outwash to evaluate the hydraulic gradient across the ti11 layer. Gives the concerns re~ardin the cantinuity,of ti11 layer, the,piezometer should be ut~ 1 ~ zed as a moni tort ng we 1 and i nc1 uded , ~ n the proposed man? Lori ng work p1 an, A second nested moni tore ng we11 CP~zZC 1 ocat~ on sug~ested~ should be installed a1 ang the western parti an of the south boundary for si m~ 1 ar gradient and water quality moni sari ng purposes . A maximum spacing of 4Qg feed between down radient compliance boundary moni~aring we11 s has be used for the ex~ sti n 1 andfi 1 ~, - s su e g ~~t ~ gg~sted that this maximum space ng be may nta7 ned for the 1 andf~ 11 expanse on. Thy s ~ mp1 ~ es that several addi ti anal upper outwash moni tar? ng we11 s would be i nc1 uded i n the ~~ani sari ng network, page ZZ, we11 installation,schedule; ,The report stakes that the current network of moni tors ng we11 s ~ s suffi c7 ent to moni for the expanse on of the f~ 11 area through Ce11 ZO' The southerly 1 i mi t of fi 11 of Ce11 ZO wou1 d correspond to plan stag an Z45, ~D~ based on avai 1 ab1 a en i neeri ng pl ons for site level apment. Frain the conce tual W dra solo is Model F' r 1 s p y ~ g g ~gu,e 7, a .authwesterly component to groundwater flow from porn ons of the pro ased f~ 11 area ~ s apparent.. There are no mon7 tori ng we11 s existing a r p1 anned wit i n a reasonabl y cl ase distance that would intercept these groundwater f1 ow 1 i Wes . The sui tabi 1 i ty of the existing network of we11 s to moni tar the level opment of the site through ce11 ZO i s questi anabl e, page Z Fw Elk .River Land~i 11 ~- nevi eve o~ phase ~x~ Report far MsW . ~xpansi on ; txt , The expected , l i ~'~ a•F, the ~aci ~ ~ ~ i s more than ~.9 years . The total rema7 n~ ng 1 ~ fe o~ the ex~st~n~ permitted land~~ ~ area and the expansion area is more than ~8 years . The ex~ sti ng and proposed monitoring we71 s are 1 acated , at the distance roughly 2gD , ~ee~ •~rom the u1 t~ mate fi 11 boundary es ; The ~unct~ anal i t o~ an earl y warns ng mono tarp ng system du r~ ng the o erati anal 1 ~ ~e o~ the s~ to w~ t wells 1 ocated ~ n the + proposed asp tz ans ~ s ~ quests ona 1 e. The averal 1 schedule for the p1 acement o~ mangy tors ng we 1 s ~ n ref ate on to the s~ to level apment needs to be •Further evaluated. A sequenced approach to monitoring system development is necessary when 1and~ill development progresses Tn a dawngrad~ent ~ash~an and the pra~ected l~~e/capacity o~ the proposed development is extended. zt is suggested that the wells propas~d for the southern property boundary be moved northward to a posi ti on which coincides wi ~h the ten--year waste ~~ 11 1 ~ mi t . These we I 1 s would subsequently be replaced w~ th . we11s located at the south property boundary when the ~~11 progresses to this point. zt should be noted that ~ •~ the waste recei v~ ng rates decrease, the we11 s waul d be •i n position to moni tar the ~aci 1 ~ ty an an expanded time game conclusion : overal 1, ,the report does a very good ~ ab o-~ characteri ~~ ng the complex geology o~ the expansion site. z think one,o~ the next steps wil~ be tv sit down w~ th WM~ to d~ scuss the approach to the mono tors ng network. wMS ~ s prapos~ ng we11 installation this summer, so this Should happen soon. For WMZ's bene•~it, it would be appropriate for the city, count and the MPCA to be on the same praverb~al page. I~et me knave what you think o~ t ese comments. Thanks, Matt, ur wwr•ws~w•w~ws .'u '+M wHww~rw W •nw•w ~gwrver wMMwMwwwaawm o ase.w a•w.r rq ~w awww•w w~pp'a ver nnAw Arw~n ~rw wove Matthew ~edvina, p~ m11 edvi na~ergl td. cam 51~. X39, Z~~.6 ai rest ~~.~.3~5,~~~9 cell 6~.~.~~9.~994 Fax page ~ (~< R~ ver ~.andfi 11 r ~uppl emental Phase zII H~drageal ogi c Eva1 uati on work Plan MSw Expansion Area. t~ Frain: Matthew Ledvi na ~ml 1 ~dvi na~n rg7 n c . comb sent: Thursday, August ~.9, ~~0~ x:31 PM Tor Johnson, Terry; 5rohlfC~ci ,e1k--river,mn,us ec. dave,l ucasC~co. sherburne.mn, us; j ei demC~gearnatrix, coin; john. e1 ksL~pca, state.mn. us Subs act r Elk River Landf ~ 11 -~ supplemental Phase III Nyd rogeol ogi c Eva? uati on work Plan, MSW Expansion Area . Ali terry and Steve: As requested , I have camel eted a nevi ew of the ~l k River ~andf i 11 -supplemental Phase III Hydrogeal ogi c Eva1 uati on Work Plan, MSW Expans~i on Area. This work p1 an was level o ed i n res once to M c a d Ci t of Elk Ri v r ca the p p P A n y e mments concern7ng March ~~Q~ ~yd rogeol age c Eval uat~ on Report . In general , the work plan wi 11 provide important supplemental i nformati an for the need ~a level op a component of the moni tari ng system targets ng ~ the 1 aver outwash depas~t, Figure ~ presents the proposed 1acat~ons for deep so71 boring and p~ ezometer construct? on . To prav7 de compl eke areal coverage of the expansion area, i t i $ suggested that an additional nested p~ ezometer be constructed at the 1 oast? on of -~~,6 OwA. Thi s wi 11 provide better elevation control on the pi e~ometri c surface and enabl e a more comprehensive flow interpretation for the 1 over outwash . With the additional gaol ogi c information co11 acted at the X16 owA 1 acati on wi 11 al sa rovi de information on the thickness of the ti 11 1 ayer, the soi 1 boring at the s~~1 ocati on would not be required (i n my opi ni one . Add scent borings ~s~~ and se~~ have tagged the top of ti 11 i n this area and the on1 y additional information for the s~~~. 1 acati an would be the ti 11 thickness. I want to state that discussions relating to the spaci ng ~ of groundwater moni tors ng wel 1 s a1 ong the camel i ante boundary and the need for adds t~ anal we11 s along an .interim development boundary have not been completed. these discussions are deferred at this time and addit~ oral we11 s may need to be constructed ~ n the future for the implementation of a camel ate and acceptable groundwater monitoring system i"or the MSW expansion area, x have contacted john E1 ks at the MPCA to discuss my review of the wank Plan. john indicated that he wi 11. forward comments next week. I am open to di scu,~si on on the detai 1 s cancerni ng the scope of the war~~ Plan . P1 ease gi ve a cal 1 with questi ans , Regards, Matt. -___-__-__-w-M Matt L~edvi na m11 edvi naC~n rgi nc, tom G~Z, X39. ~~~6 Qi reef ~~~,~zS,~~~9 cell 6~~,~~~,~780 Fax Page ~, Pale ~ a~ ~ ~r~, JcY, dram, Johnson, Terry [T~ohnsonS a~wrn.com] dent. Wednesday, March ~D, 200 ~~;2o PM To: Harry, Jack Y, Subject: l~W; Pik diver ~.andfiil «11VQrk Pian for Interim Itillonitorin~ Wells for SDA ~nofher City approval far work in the FDA ~sou~h expansion}. We probably have several Qf theso if wa dig deeply, let me know how far you want me to ga Frith these, Terry ~arn~ Matthew Ledvina ~mailta.mlledvinaC~nrg-Ilc,comj ~n~; Friday, duly ~~~ ~OpB ~.~3 PM ~; Johnson, Terry jeidem~geomatrix,com; 'aohn.elksC~pca.state,mn,us~ Ica Dave l«ucas; Flaug, Rebecca Suect; ~Ik River Landfill - vUork Plan far Interim Monitoring Vvells for sDA . Y reviewed the Wark Plan which was recently developed by WM~ and ~eomatrix ~AM~C} for two interCm wells along the ~.Q~year phase boundary of the SDA. The proposed plan is acceptabie~ ~n reviewing the lithology in the vicinity of 3~~.w~1NA and ~~~~~WA, baring results Pram SB~~.7, SB~18 and ~g-~.9 indicate the occurrence of tine grained deposits ~~M and Ml-ICt.} in the vicinity of the Weil screens, Cross-sections from the i~iydrageviagic evaluation Report far the FDA indicate that the top of the finer~grained deposits is at roughly elevation 94~ feet, while the target elevation for the base of the Weil screens is elevation 940 feet, with the pa~ential vortical variability of the fine grained deposits, the City requests that no more than 5q percent of the length o~ the sateen penetrate into SM and ML/CI~ deposits that may occur in these iocations~ This will heap to ensure the suitability of these veils in providing groundwater samples for the unconfined outwash water table aquifer. Please contact me if you have any questions or comments Regards, Matt. ~~~~1~w ~.e L~d~[~1~, pr Er - ~ ~'$ -` mli~dvina NRG-~..LC,com. 'M ~b~~~ X39-~3~.~ ~ir~ct :°.~ : ~~~ ~6~~) 6&9~8589~=Cell y` ~~~~~ ~4~-~78o Fax way an~~nn~n ~~cyol~ ~nvugh p~por ovor~ yoar ~o ~~~~ 4~ ~nil~~~n ~~~~~~ icy nod ~rin~ing this ~n~~i~, you can not ~~v oven mo~~' "~hzs email ha.s been scanned ~Co~~ all vlruscs by the Message~,abs Sky~can sa~vice. ~ht~p;llwww.~messa~ela~s.corn~ 311~120i0 ~agc ~ February ~~, 2a0U Assurance Program must be amended to documentcompliance with the car~p~ction specification to ensure the stabifi#y of the linor systerr~, ~arnpsction testing for subgrado III must be conducted on a frequency of one per ~~,OOO square t'eet for each foot of sail placed. ~. opera#ion of the Active has ~antrol System ~A~~57 is currently being canduc#ed by Power ~#ra#egies, Inc. wi#h the Baal of op#iml~ing power generation, The A~~S was originally implemented as a means afrYtitiga~ing migrati®n o~ landfill gas and ongaing contamination at . the groundwater in the unlined potion ®f the landfill. ~peratian of the AS must be managed by ~~ personnel with the original goals of the ARCS system used as the primary canditians of operation. ~ . 7. ~~~ shall develop a current A~~S operation and l~oni#oring Plan which is based an opera#ing experience of the system and which #akes into considers#ion the contractual arrangements with Power Strategies, ~, Tho veg~#ation within the X00 feet buffer area in the sou#heast, south and southwest areas of the site steal! be maintained. I~I~ shall develop an inventory of "significsntN trees. A N~uffer and screening Plan shall be developed by ~~~~ and approved by staff which identifes the loss of significan# #rees frorn the inven#ary and a proposal to mi#igate tree Ions to mainfain and enhance the screening of the landfill and opers~ians. ~"he plan shall address the preservation of the buffer during construc#ion, #hroughout the operational period of the landfill and #hrough the final cover construction, g, `the proposals far implementing three to one final caner sideslopes and leachatc recirculation are Conditionally approved pending ~P~A approval. Pisses contac# me if you have additional questions or comments, icy phone nur~ber a# ~~~ is ~ 2~39~2 ~ ~. 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The mndi~ication includes changing the existing 5 to 1 slopes in this area to 3 to ~ slopes, which is consistent with the slopes ~o the south aF the proposed dema~itxan cell and encroaching an the buffer area adjacent to the pity's ~.ailxoad ~~il~in~ Frail, ~"he additional encroachment is due to the slopes and beans associated with the proposed demolition cell, T'he actual demolition debris will not be deposited any Further into the buFFer area than where the Mew is currently located. `t'he property a~'ected by this request is already ~c~ned Solid waste Facility overlay district, ~.~tachrnents ~ ~. vicinity rr~ap showi~.g the location Qf the Elk ~,iver Landfill ~ ~ letter dared ~ctaber ~~, ?DDS, from Nutt Ledvina, Environ~.ental consultant fox the pity of Elk ~.iver, "~'he current Landfill ~~~' the Landfill's Solid waste Facility License was riot provided because the language ~s the same as the ~tr~~, ~ ",Che Follawin~ sub~.ittals From the Ells diver Landfill; ~ A written explanation of their req~.est provided by the Elk River Lar~d~ill, dated October ~6, ~OD~, ~ Final haver Grades and surface 'water Management, dated,~anuary, ~~OD, which shows the currently approved contours, Final hover Grades, dated ~une ~~Q 1, which shows the proposed contours, ~'~ 1G3 ~ An aerial photo showing ri.nal Aver grades, dated October ,~0~1, ~ ~. colored version of Final hover grades, dated October, ~a0~~ ~ A dross Section showing she proposed grade changes,dated October, ~~a~, ~ .A. landscape plan, dated November ~~, ZO~~. f Review of issues ~ eclf is to tk~e Re oast ~ ~horeland District _ F'or over a year, the ilk River Landf ill lags stru~~led to gain approval of an expansion to their demolition debris disposal area in Livonia Tawnsk~ip, which still has not been approved, One of the issues that surfaced with this request is that Sherburne bounty zoning requires landfill's to be located in industrial ~anes- ~.pparently, industrial uses are not allowed within the ~horeland District of a Natural ~n~iranment Labe under N~inneso~a Rule 61~~,3~~~. Rice Lake, adjacent to the west of the Landfill, is a Natural environment Lake, The ~horeland District for a Natural ~nvirQ.nnaent Lake is ~,~~0 feet from the ordinary k~i~h water mark, therefore, industrial uses are not allowed within ~,U4~ feet of Rice Labe, The property included in the Landfill's request in f runt of the pity of ilk River also falls within the Shoreland District for Rice Lal~e- ~s defined by the city's Shoreland l~anageme~.t Ordinance adopted from the state's Nadel ~hareland Ordinance} ~.n industrial use is; "the use of ldr~d ar ~~iZ~ing far the ~ra~tian, rrt~nufr~ture, warehousin~stordge, Qrtran~fet~ofgoc~s,~r~s, car~m~ities, another ~haZesale items-" Landfilling does nQt necessarily fit this definition. unlike Sherburne Jaunty, the pity of l~lk River does nor rewire that landfills be located in industrial zones- The Legislature of N~innesota has delegated responsibility to the local gavern~nents of the state to regulate the subdivision, use and development of the shoreland of public waters ~.S- ~bZ~- The city previously Zoned the Landfill's property to 5alid waste facility Overlay honing District, in which landfills are a condition use, section 9~4,~b ~z} ~~ of the city's Shoreland ~anagernent Ordinance states, "ail ~'ermitted, conditional aru~~rahi~ited ~Isesas sped zed by theappZicahZe ur~eriying caning ~7istrict sha~~ ~~p~y ", ~~~ The Shy' orelar~d Management Ordinance does not so much dictate what land uses ~o where, but rather how land uses affeex the public water, The publication A Technical R.e art on Nana in Nancanfarna.ities in floe Shareland ~.anagement District stages; "honing controls regulate the lacatiart of un~erly~ng hand uses, ~e shorelan~` s~ndarc~facussprima~lyort ~aerrr~nncraf use-~ ~imension~standar~s)tora~ucet~e~mtenti~Zy har~r~ ful of facts an the pu~'u~wateraf c~rcraingand~aorly p~nnedd~velo~ment of sharel~r~l area, to rrr~intain~r'aper~'valu~s, and to~res~e then~tural characte~sti~sof thashare~n~~rr~ adjacent water areas", Landfi~~s are an interim use similar to minin activities which are al~Qwe~~ in the g ~horeland District of a Natural ~nviranmental Lake, If lane appropriately, in the long term the Landfill wi11 be a grassy slope with no negative affect on Rice Lake, ~n addition to the u:grm.al seven standards far reviewing a conditional use permit found in Section 9~a,~2 of the City of EIk diver Cade Qf ordinances, the ciCy needs to apply "~valuatiar~ Criteria" fQx conditional uses found in 9n~.DS ~7~ of the city's ~horeland I~anagen~ent Ordinance, to ensure the protectiar~ of Rice Lake. ~~ is staff's in~erpre~a~ian ghat the city does have the authari~y to determine ~~e ~ypc of land uses in a ~horeland ~istric~ ar~d that a landfill can be cansid~rede a~ve Hills, Regional Hydrala~ist for the Minnesota ~epartn~en~ Qf natural resources agrees with phis interpreta.~ios~, - Technical issues -Matt Ledvina's attached letter, dated October 1~, ~04~, addresses the adequacy of the Landfill's proposal on a technical level The ~,andfill's proposed 3 Co 1 slopes for the demolition area, which are consistent with the cells on either side of it. Other technical concerns, such as storm water management and protection of the cap over the existing NSW' cell have been considered an. a staff level. ~f this request is approved, the recarnmendations contained in fir, Ledvina's letter should be made conditions of that approval. ~. ~ ~ci a~~ ~uf ~er~ ~ Besides the interpretation. of the Shcareland ~Ianageinent ordinance, the mast critical issue involved in this request is screening and buffering, The disposal of den~alition debris is not allowed by state rules within 5~ feet of a property line and the disposal of municipal solid waste is not allowed within ~~Q feet, The city's pexmit is sam.ewhat di~ferenC in that it reauires that a ~0~ foot bul`~er strip rernain free af.the disposal of ~Sw, dexnalitian debris and associated slopes and berms, The purpose of this buffer is an attempt to preserve adjacent property values and natural a~nen~t~es by taking advantage of natural screening and buffering, The city's buffer also leaves an area free of landfill activities ~o that things like monitoring wells can be placed on the landfill property, Through previous approvals, the Landfill has already been allowed Co encroach on the ~a~ fooC buffer adjacent Co Che location of this current request, The city's Railroad Hiking Trail is located to the west of Che Landfill, where Chic expansion ~is proposed, Because of how clpse the historic waste,~ill lirriit is to the city's property in this lr~catic~n, the city .has agreed to allr~w. monitoring wells on its property, I~ue to it being in the proximity to the Railroad Hiking Trail, the park. and Recreation Camn~ission has been asked to corr~n~ent on this request. They believe that it is critical for the Landfill to dem.onstratie thaC Che hiking trail will be betCer screened after Che work under phis proposal is accam.plished than iC was before, since the advanCage of disCance from the propQSal will be sacrificed. The Park and R.ecreatian Cam.naissian did noC review the actual screening plan pra~posed by the Landfill, but the attached landscaping plan does reflect the details recommended by the ~'lanning Cam.~.issian. ~t~er Landfi~~ fsst~es ~,~ when a request is rraade to n~odi£y an existing C~~', all pertinent issues regarding the subject operation are up for consideration. The fallowing are ongoing issues Chat the Landfill and staff lave been dealing with since the last renewal of their permits; fires in existin d.etnoli~ian area -The Landfill first reported a hot spotfire} in their existing demolition disposal area an the north side of their operation in the spring of ~00~, Landfill fires can burn below the surface and, therefore, be difficult to squelch. This fire was smothered with earth and assumed out, A second fire, ar possibly a flare up of the same one, sprang up iii this demolition area this past summer, The introduction of oxygen due ~o mining recyclables in the demolition area may be one contributing reason far the fires, The Landfill has been required to install heat sensing probes Co get an exact location of these fires to aid in suppressing them,, staff is riot recomtnendii~~ adding conditions ~a the Landfill's pup or license due ~a th.is issue. The existing language is adequate and iC is a matter of enfc~rcenaenC. ~ Limiter -~ since Their last renewal, the Landf ill has received a Notice of ~ialation from the ~Vlinnesota pollution ~antrol .A.gency ~MI~CA~ regarding daily cover last summer. wily cover, a minimum'~f six inches of soil placed over the days refuse, is require. to keep the refuse from blowing away and becoming littex, This was an aperat~onal prablen~ that was apparently corrected since. xn addition to the daily cover, the Landfill is xequired to erect temporary fencing adjacent to active areas to control litter and Chet' are Ca inspect all trucks leaving the facility to ensure they are free of debris prior to leaving their site, As a last resort to control litter, the Landfill's ~CJP ar~d license requires that they engage in routine litter ret~noval along highway 1b~ for ~/z mile on either side of their entrance and from other areas adversely affected a rninirnum of once per week. even with these controls, litter is still the number one complaint received by the city concerning the Landfill, ~taf f is oat rcca~nnaendi~a additional pert~it language re~aciding this issue. Again, it is a matter of enf orcemenC. Staf f recently requested that the ilk T~iver police department step up patrols ~n this area and ticket trucks with leaky loads ~delaris blowing off of then~~. ~ atlxa~ina~ion ~ ~antralling contamination f ram. Chc original unlined cells prior to it leaving the Landf ill site is Chc city's maj or concern. The active gas venting system installed atthe Landfill is apparently doing some goad inthis regard. pity staff gill car~tinu~e to monitor Che situation to discern whether ar not this remedial action is adequate. Twa specific areas of contamination are of immediate concern. Qne is in Chc northeast corner of the Landf ill where monitaxing wells showed contamination extending close to the Landf ill's praperCy line. A change in the has venting system in this area seems Ca have brought the contamination in this area under Control, contamination levels in Che rnonitaring wells in Cris location are now below ~~A's intervention limits, The second area is nn xhe west side of the Landf ill where an appare~.tly isaiated ' plume of contamination is rapidly approaching the Landfill's property boundary, The Landfill is cooperating with staff to aggressively find a solution to neutralizing r -- this contamination, existing permit language is adequate to address the issue of can~ainatian, therefore, staff is not ~°eco~nmending any changes, ~ Sam ~- Due to the nature of landfill operaCions, safety is on ongoing issue. for example, the ilk River Landfill recently moved. their scale pause ~r~her back in~a their property to avoid waiting trucl~s stacking onto i~ighway ~b~, waste N~anagernent has recently suffered a number of fatalities at their facilities throughout the nation. This has prompted waste Management to devclap "N'ew Disposal .Area Safety Rules and f'racedures", ~aixly recently, there was an accident at the Landfill where a large truck with it's box high in the air dumping it's load tipped over o~~ someone, This caused the city to add a section in the Landfill's license and ~~~ titled, "Small-Load Dumping Site", This section requires separate areas far residents and commercial haulers to unload their garbage, The city's permits also contain language regarding safety equipment at the Landfill and training. Staff is oat reeQn~n~ending that additional language be added ~o the Landfill's permits at this ~;in~e, but will consider this main during their next re~aewal. A text Renewal ~ Staff is reca~x~n~ending that this review does not replace the Landfill's nest perrni~ renewal, which is scheduled in day of ~4a4, Staff's ~~.ain rationale far tk~is is that tike Landfill is required as part of their next renewal to devclap an end use plan far their property. The Landfill is prematurely in front of the city due to their need f or additional area to accarra~nadate dernolitian debris disposal. They are oat prepared at this time to address the issue of an end use plan, ~t behooves the city not to rush this process in the hopes of gaining a better product, A Leachate Recirculation Leachate, made up of mainly rainwater, is the ca,ntaminated liquid generated by landfills, The Landfill is proposing to collect this leachate in a series of pipes and recirculate it through the refuse, There axe a couple of advantages to this process, ~ Recirculating leachate males a landfill a bioreactor, Adding liquid speeds up the decanapositian of refuse verses the conventional practice of locking it up in a dry tomb. one major cr~ncern with landfills is the life expectancy of the liners underneath them, which keep Leachate front entering the ground water below, Speeding up the decomposition time af'refuse reduces this concern by neutralising certain contaminates before the liner's usefulness is in question. ~ Recirculating Leachate causes refuse to settle mare, allowing for m~rc capacity an the same foQtprintF This corisequenCly reduces the need for new landfill space. Differential settle at landfills is also a problem, After a landfill is closed you don't want water setting on top of it and potentially creating more Leachate; Leachate recirculation helps with getting this settlement over bef ore a land~lll is closed, ~ Aside benefit to Leachate recirculation is ghat it speeds up Che production of landfill gas, maki~ag far more efficient energy recovery the landfill gas is being car~verted t~ electricity. Sherburne Jaunty has already approved leachaCe recirculation at the Ells ~tiver ~,and~ill, The city o~ ilk River also approved it as par'C o~ the ~and~il~'s lasC renewal, This issue only awaits approval by the ~innesata pallutinn ~nntrQl Agency ~'~A} to ~e ut into practice, which is anticipated prior to the nest renewal a~ the ~and~~ll's p city per;m~ts. ~ri~eria for Review ~ectian ~~Oa4~ o~ the pity bode o~ ~rdina~.ces a ~'he city shall recommend a conditional use errn.iC and the council sha11 order the issuance of such a permit only i~ it finds that such P f, use at the proposed location; i.will not endan er, injure or detrimentally a~~ect the use and enjoyment ol: other ' ~ ' ' ' morals cam~art property ~n the ~mn~ed~ate v~c~n~ty or the public health, safety, , convenience or general welfare o~ the neighborhood or the pity, ii, will be consistent with the comprehensive plan, iii, will not im ede the ~prmal and orderly development and impravcrnent a~ .p surrounding vacant property. iv, will be served adequately by and will not adversely affect essential p~~blic facilities and services including streets, police and dire protection, drainage, revise disposal, water and sewer systems, parrs and schonls; and will not, i~n particular, create tra~~ic congestion ax inter~ez'ence with tra~~ic Qn adjacent and neighboring public thorough~ares~ v, will not involve uses, activities, processes, materials, equipment and conditions of a eratian that will be detrimental to any persons car property because o~ excessive p , tra~¢ic, noise, smoke, fumes, glare, odors, dust or v~brat~ans. 1, vi, will not result in the destruction, loss ar damage Qf a natural, scenic ar historic feature o~ major importance vii. will fiilly carnply with all ether requirements of the pity's bode o~ ordinances, includin an a livable requirements and standards for tlae issuance of a license or ~ y ~p ~ Ells River. permit to establish and operate the proposed use ~n the C~~ty of S~c~ior~ 9~~,0~ 1 A of the ci~~'s Shoreland ana~errlen~ ordinance. The fallowing ~~~ ~ .. additional evaluation critex'ia and conditions shall be considered ~n evaluating cond~t~onal use exnnit re ucsts within shoreland areas and a thorough evaluatic~~~ of the waterbody and the p q' ' ' ' e shall be made to ensure; tapograph~c, vegetation, and sods cond~t~ans on the sit i. the prevention of sail exosion ar other possible pallutia~a of public waters, both during and af~ex constructign. ,, ii, the visibility of structures and other facilities as vieured from public wafers is lirnited, iii, the site is adequate l:or water supply and ora-site sewage treatment; and iv. the types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public watexs to sal"ely accarnmadate these watercxaft. Findrn s/Recona~mendatia~a MPC.a has already approved the request by ~lh Rivex l;,andfill to add dem.olitian debris over cell l,~C-~, Sherburne County has indicated that they will also approve this regnesG, but are waiting far the City of~lk Rivex to react to it. The Planning Commission found that the Landfill's request x~et the seven standards listed above l"or a conditional use permit and the four evaluation cxiteria list in the city's Shareland N~anagement ordinance. Tl~erefare, the City of l~ll~ diver Manning Com.n~ission is ~ecoru~x~endfn~ approval of the mnclification to ~11~ R.iver Landf gill's valid waste ~'acili~y License end CIJp ~o allow detnalitia~ debris ~o be deposited aver I~S~V cell ~~-3 under the folla~rin canditions~ .. ~. What this approval is conditioned on the recam~.e~adatians contained ire Nutt Ledvina's letter, dated actaber ~.8, ~Da ~, ~, That Sections ~,} ~p~~ ~b} Qf the Landl=ill's CC~p' a~.d Solid ~1'aste facility License be amended to read; "Tl~e demolition debris landfill cell DC~~ shall be located axed operated as shown an the June ZOD~ ~'exrnit application and August ~Oa~ revisions submitted by the Perrnittee with city staff approving and having the authority to m.al~.e decisions on the technical issues involved,,' 3. What three rows of spruce with ten feet spacing between rows and ten feet spacing between trees in each xow shall be planted on the city's property in areas adjacent to the proposed demolition cell where na trees cuxrently exist, Other vegetation, such as bushes, shall be planted in these areas as proposed by Landfill. Further, that spruce shall be planted on the Landfill's property atthe base of the slope along the entire length of the ne~v demolition debris cell to help screen the operation during the winter, Lastly, that the Landfill provide the city a plan depicting these requirements, prior to the Elh River City Council acting on this request. ~, That this current arnendrnent does not xeplace the Landfill's requirement tarenew their Solid haste Facility License and C~JP in I~ay of 20~~~ fit ~~ Case Numbsr: Location i~iap ~ 4 [ ~3S f~~ Ri~~r Land~~~ N T