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HomeMy WebLinkAbout8.a. SKB Environmental Interim Use Permit RenewalCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: December 18, 2001 AGENDA ITEM: SKB Environmental Interim Use Permit Renewal AGENDA SECTION: New Business PREPARED BY: Rick Pearson, City Planner AGEND ATTACHMENTS: Draft IUP Agreement, Plan Reductions, PC APPROVED BY: Minutes (11- 27 -01) Applicant & Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: Nature of request: Planning Commission Action: ►/_ FUMMs 1 SKB Environmental 13425 Courthouse Boulevard (TH 55) Approx. 235 Waste Management Waste Management Renewal of the current Interim Use Permit (IUP) for five years Recommendation of Renewal (3 -0) SKB Environmental has applied for a renewal of its Interim Use Permit to continue the operation of the landfill on TH 55 or Courthouse Blvd. This application is separate from the previous request to modify the IUP to expand the facility, which was denied by the City Council. The permit to operate the facility must be renewed every five years. In this case, there is no change proposed for the cells as they are currently designed and operated. The current IUP was modified in 1997 for the four cells that are in use. The re- issuance was somewhat more complex at the time, because the renewal was combined with a design modification that changed the cell design from 10 cells to four. That request was made by USPCI, then owned by Laidlaw. The IUP was then reassigned to SKB after their purchase of the facility from Safety -Kleen PLANNING COMMISSION PUBLIC HEARING No one attended the public hearing or commented other than the applicant. One Commissioner had questions regarding pending street and intersection improvements in the area. Staff explained that a transportation system study was underway, and that recommendations would be forthcoming. RECOMMENDED ACTION: Motion to authorize the execution of the Interim Use Permit renewal agreement for SKB Environmental subject to final approval by Dakota County and the Minnesota Pollution Control Agency, and City Attorney Review CITY COUNCIL ACTION: INTERIM USE PERMIT AGREEMENT REISSUANCE to SKB, INC. MINNESOTA INDUSTRIAL CONTAINMENT FACILITY THIS AGREEMENT, dated Decemberl8, 2001, made by and between SKB Environmental Inc. (hereinafter "SKB ") and the City of Rosemount, a Minnesota municipal corporation (hereinafter the "City "). The parties hereto agree as follows: 1. Interim Use Permit. SKB assumed the obligations of an Interim Use Permit (IUP) originally granted by the City on March 19, 1992 (Resolution 2000 -29) for the construction, operation, and maintenance of the Minnesota Industrial Containment Facility (MICF). The execution of this Agreement by the parties shall constitute approval and reissuance of the IUP by the City subject to the provision of this Agreement. This Agreement constitutes the reissued IUP, as amended. Compliance with Minnesota Pollution Control Agency Permit No. , dated (MPCA Permit) as renewed and amended, and Dakota County Solid Waste License, approved (DC License) as renewed and amended, which are incorporated herein by reference, and conformance with the application of SKB to the City as amended, are conditions of the ILTP. This IUP is issued by the City in accordance with Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1996, as amended, including Section 11.3. 2. Term. The MICF Permit Renewal Application for Permit No. 383 Minnesota Industrial Containment Facility, Rosemount, Minnesota (Volumes I, III, IV and V), dated August 2, 1996, details the revised design, construction, operation, closure, corrective actions, and revisions thereto, and financial assurances for a four (4) cell non- hazardous industrial waste containment facility, with an anticipated operating life of ninety (90) years. Construction, operation, and closure of the individual cells will be phased throughout the operating life of the facility. Consistent with the term of MPCA Permit and the provisions of Ordinance B, this IUP is valid for five years from the date issued, reissued, or until terminated, or amended by the City. Prior to expiration of the IUP, or to apply for an amended IUP, SKB shall request that the City review and reissue the IUP. To avoid possible termination of the IUP at the time the IUP expires, an application for reissuance of the permit must be submitted no later than 180 calendar days before the expiration date of the permit. The reissuance of the IUP may, at the option of the City, be approved without modification to this Agreement, or the City may require SKB to modify this Agreement. 3. MICF Description MICF is located on property legally described on attached Exhibit A. The 236 -acre site is located between TH55 and CR38, lying easterly of the Chicago and Northwestern Railroad. The location of MICF is illustrated on attached Exhibit B. MICF consists of four (4) containment cells, each occupying a surface area and waste volume capacity as follows: (a) Cell 1 contains 5.7 acres and 338,442 cubic yards; (b) Cell 2 contains 18.0 acres and 1,357,471 cubic yards; (c) Cell 3 contains 36.9 acres and 3,541,636 cubic yards; and (d) Cell 4 contains 11.9 acres and 800,436 cubic yards. The anticipated operating life of MICF is ninety (90) based on a total capacity of 6,037,985 cubic yards. The facility also consists of an office /laboratory building, a container management building, rail and truck unloading facilities, leachate storage tanks and on -site stormwater retention areas. The general site plan is illustrated on attached Exhibit C. This Agreement allows for the construction and maintenance of all the roadways, Page 2 railways, buildings, leachate storage tanks, stormwater retention structures, sanitary sewer, berming, landscaping, and other ancillary components of MICF. Subject to the provisions of Section 12, this Agreement also allows for the construction, operation, closure and postclosure care of cells 1, 2, 3, 4 and all related earth work and excavation, subject to the provisions of this Agreement, compliance with City ordinances and issuance of necessary permits. 4. Design Plans and Specifications. SKB shall construct MICF in accordance with plans, specifications and procedures approved by the Minnesota Pollution Control Agency (MPCA), Dakota County (DC) and the City. Landscaping shall be completed in accordance with the approved landscape plan as identified in Exhibit E of this Agreement. Any exceptions to the approved plans and specifications made during construction shall be listed in the Construction Certification provided pursuant to Section 9. SKB shall not make any alteration or addition to MICF that would materially alter the method or effect of disposal without first obtaining the written approval of the City Administrator. 5. Quality Assurance /Quality Control SKB shall construct, operate, and monitor MICF in accordance with the quality assurance /quality control plan(s) approved by MPCA. Any modifications to the quality assurance /quality control plan(s) require the written approval of the City Administrator. 6. Additional Construction Permits SKB shall obtain all required construction permits, such as grading, excavation, building, plumbing, heating, electrical, and occupancy permits, in accordance with the adopted standards, procedures, and requirements of the City. All construction permits for improvements identified in Section 3 and authorized by Issuance of the IUP are administratively issued and administered. Page 3 7. Construction Inspection. SKB shall instruct its contractors and subcontractors to contact the City at least two (2) working days in advance of routine inspections (building, plumbing, electrical, etc.) required by the City. SKB shall contact the City at least ten (10) working days in advance of the commencement of construction of liner installations, leachate collection systems, and final cell cover. During hours of construction, SKB shall grant the City and its agent, upon presentation of proper credentials, access to MICF for the purpose of inspections and enforcement related to construction. 8. Sanitary Sewer Connection. MICF-shall remain connected to the Metropolitan Interceptor and the Rosemount Wastewater Treatment Plant. SKB will be responsible for all costs resulting from the sewer connection including, but not limited to, the City's engineering, construction, permitting, easement, and legal costs. 9. Construction Certification. Within thirty (30) days of construction completion, SKB shall submit to the City a copy of the construction certification as required by MPCA. 10. Soil Protective Cover. The City acknowledges the ongoing nature of soil cover placement and will not require notice for inspections. The City and its agents may make random inspections throughout the life of MICF. 11. Operations and Maintenance SKB shall operate and maintain MICF in accordance with the "Operational Plans" (volume IV of V, MICF Permit Application), MPCA Permit, and DC License. No amendments maybe made to the "Operational Plans" without the written approval of the City Administrator. 12. Waste Acceptance. SKB shall accept reject, and manage wastes according Page 4 to the approved "Waste Acceptance Plan" (Volume IV of V, MICF permit Application). SKB shall not dispose of any wastes identified as unacceptable wastes in the "Waste Acceptance Plan", City Zoning. Ordinance, DC License or MPCA Permit. No amendments may be made to the "Waste Acceptance Plan" without the written approval of the City Administrator.. A. Disposal of Ash /Conditions. Despite the provision of Section 12 above, SKB may dispose of ash at MICF, but only pursuant to the following conditions: 1) SKB shall not use ash as cover over waste when fill heights exceed the height of the perimeter berm at the MICF. 2) During transport of all ash to the MICF, trucks carrying the ash must be covered with tarpaulins adequate to limit dusting. 3) SKB shall take adequate steps to prevent dust migration from ash disposal at the MICF. SKB may utilize, but is not limited to, one or more of the following methods for dust control; a) conditioning the ash by addition of moisture; b) handling ash when wind conditions are calm; c) immediately covering ash with cover materials. All methods utilized must be in conformance will all other provisions of the permit. 4) Ash disposal at MICF must not result in leachate discharges to the Rosemount Waste Water Treatment plant which fail to comply with Industrial Discharge Permit requirements of the MWCC. 5) SKB shall submit with its annual report a summary of the quantity (in tons and cubic yards), type and source of ash deposited into MICF and shall provide an evaluation of the effects of ash on the chemical composition of leachate discharged from the MICF to the Rosemount WWTP. 6) Any ash disposal that requires an Environmental Assessessment Worksheet (EAW) and/or an Environmental Impact Statement (EIS) shall not be permitted under this permit without first securing approval by the City Council following completion of the environmental review process. 13. Personal Training. All SKB personnel involved in the operations and maintenance of MICF shall be trained, qualified, and certified as identified in the "Operational Page 5 Plans" 14. Incident Reporting. For any incident during operations at MICF resulting in emergency, shutdown, personal injury, release, explosion or fire, SKB shall notify the City's Police Department by telephone within two (2) hours of the detection of the incident; emergencies shall require immediate notification. SKB shall promptly furnish the City with written reports of the incident, as specified in the plans. 15. General Inspections, Records, Reporting, Enforcement SKB shall, during normal operating hours, grant the City and its agents, upon presentation of proper credentials, access to MICF for the purpose of inspections and enforcement of this agreement. Except for information deemed privileged in accordance with state'law, SKB shall allow the City to inspect written documentation pertaining to compliance by SKB with the terms of this IUP. Records pertaining to compliance at MICF shall include but are not limited to operating records as described in the "Operational Plans ", the Corrective Action Plan ", and MPCA Permit; inspections records; monitoring, investigation and modeling data; personnel training records; reports and plans required by regulatory agencies; correspondence with regulatory agencies; and records and correspondence regarding waste characterization, evaluation, management, inspection and acceptance /rejection. All information obtained during the course of inspections shall be used solely by the City or its agents for matters pertaining to this NP. SKB shall furnish the City with a copy of the "Annual Report" according to the timetable and requirements of MPCA, as identified in MPCA Permit. 16. Contingency Actions. SKB shall implement contingency and/or corrective actions as specified in the permit application and MPCA Permit and DC License. SKB shall Page 6 furnish the City with a copy of the remedial measures report or remedial measures plan, according to the timetable specified in MPCA Permit. No amendments may be made to the Corrective Action Plan" or the "Postclosure Contingency Action Plan" without the written approval of the City Administrator. 17. Monitoring/ Reporting. SKB shall monitor MICF in accordance with MPCA Permit. Nothing shall be construed to prevent SKB from exceeding MPCA Permit requirements. 18. Closure. SKB shall close MICF in accordance with the Requirements of MPCA Permit. SKB shall notify the City at least ten (10) working days prior to the date closure activities for each cell are scheduled to begin. SKB shall notify the City at least ninety (90) days prior to the date final closure activities for MICF are scheduled to begin. Upon completion of closure of a cell or MICF, SKB shall notify the City to provide the opportunity for a final inspection. A copy of the closure certification and supporting documentation that is required by MPCA Permit shall be submitted to the City upon submittal to the MPCA. No amendment may be made to the "Closure Plan" (Volume V of V, MICF Permit Application) without the written approval of the City Administrator. 19. Postclosure. SKB shall provide postclosure care of MICF in accordance with the requirements of MPCA Permit. No amendments may be made to the "Postclosure Plan (Volume V of V, MICF Permit Application) without the written approval of the City Administrator. 20. Financial Assurances. SKB shall comply with the financial assurance requirements of the MPCA and DC. No reduction in the financial assurance requirements may Page 7 be made without the written approval of the City Administrator. 21. Development Commitment. The provisions of the Development Commitment, approved by the City Council on October 3, 1989, and dated October 17, 1989, are incorporated by reference as conditions of the lUP and attached as Exhibit D."` Provided that, with respect to the disposal of ash as authorized in Section 12.A. of this Agreement, SKB shall pay the sum of $3.25 per ton, based upon a waste generator charge of $75.00 per ton for the City base service charge, as identified in Section 10b of Exhibit D. Provided further that the ash disposal charges set forth in this Section are subject to the generator charge adjustments set forth in Section 10c of Exhibit D. The provisions of this Section and Sections 9, 10, 11 of.Exhibit D shall survive the termination of this Agreement and shall remain in effect for one year following closure of the MICF. 22. Responsibility for Costs SKB and the City agree to fund the out -of- pocket expenses incurred by the City in the review and issuance of the reissued IUP, according to the provisions of the Development Commitment. Costs incurred by the City for ongoing monitoring of the operation of MICF and administration of the IUP shall be paid by the City. 23. Hours of Operation MICF operations are restricted to the hours of 6:00 a.m. to 8:00 p.m., Monday through Saturday: The hours of operation may be amended by the City Council for reasonable cause. 24. Indemnification. SKB shall defend, indemnify and save the City, its officers, and employees harmless from and against any and all claims, suits, demands, actions, fines, damages and liabilities, and all costs and expenses related thereto (including, without Page 8 limitation, reasonable attorneys' fees) arising out of or in any way related MICF. The provisions of this Section shall survive the termination of this Agreement and shall remain in effect until final resolution of any and all of the various claims and actions made as defined in this Section. 25. Other Laws and regulations. SKB agrees to comply with all other laws, regulation, permits, or licenses which apply to MICF. 26. Severabilit_y. If any provision of this Agreement is found to be invalid, such finding shall have no affect on the validity of the remainder of this Agreement. 27. Notice of Violation. Notice of a violation of any provision of the IUP shall be given to SKB by the City in writing. Such written notice shall specify the violation and request that the violation be corrected. Such written notice shall specify the violation and request that the violation be corrected. SKB shall have ten (10) days after receipt of notice to correct the violation. Upon evidence that the health, safety, and welfare of the public is not in jeopardy and upon evidence of diligent cooperation by SKB to correct the violation, the City Administrator may agree in writing to extend the ten -day period. 28. Termination. This IUP shall terminate on the happening of any of the following events, whichever first occurs: (1) Five (5) years from the date of this Agreement; (2) Upon change in the City's zoning regulation which renders the use non- conforming; (3) By the City Council (Council) for violation of any provisions of the IUP, in accordance with the following procedures; Page 9 Termination shall not occur earlier than ten (10) working days from the time that written notice of termination is served on SKB or, if a hearing is requested, until written notice of the Council action has been served on SKB. Notice to SKB shall be served personally or by registered or certified mail at the address designated in the IUP. Such written notice of termination, the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if SKB desires to appeal, it must within ten (10) working days, exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing stating the grounds for appeal and be served personally or by registered or certified mail on the City by midnight of the tenth (10th) working day following service. Following receipt of a request for a hearing, the City shall set a time and a place for the hearing. HEARINGS: A. If SKB properly requests a hearing on termination of the IUP, such hearing shall be held before the Council, or a hearing examiner as provided below, and shall be open to the public. B. Unless an extension of time is requested by SKB in writing directed to the City and is granted, the hearing will be held no later than forty -five (45) calendar days after the date of service of request for a hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) calendar days after the date of service of request for a hearing, exclusive of the date of such service. C. The city shall mail notice of the hearing to SKB at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of time, place, and nature of the hearing. D. Hearing Examiner: The Council may by resolution appoint an individual, to be known as the hearing examiner, to conduct the hearing and to make findings of fact, conclusions, and recommendations to the council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in written report, and the Council may adopt, modify, or reject the report. Page 10 E. Conduct of the Hearing: SKB may be represented by counsel. The City, SKB, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to respond to and present evidence, cross examine witnesses, and present argument. The Council or hearing examiner may also examine witnesses. F. The City shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions, and decisions by the Council shall be based on evidence present and matters officially notified. G. All evidence which possesses probative value, including hearsay, may be admitted if it is the type people are accustomed to rely on in the conduct of their serious affairs. Evidence which is incompetent, irrelevant, immaterial, or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the Cities written notice of termination or in SKB's written request for a hearing. H. At the request of the City, SKB, or the hearing examiner, a pre - hearing conference shall be conducted by the hearing examiner, if the Council has chosen to use one, or by a designated representative of the Council. The pre - hearing conference shall be held no later than five (5) working days before the hearing. The purpose of the pre - hearing conference is to: (1) Clarify the issues to be determined at the hearing. (2) Provide an opportunity for discovery of all relevant documentary, photographic, or other demonstrative evidence in the possession of each party. The hearing examiner or City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. (3) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names -and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts at issue. I. If a pre - hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. J. If SKB fails to appear at the hearing, it shall forfeit any right to a hearing before the Council or hearing examiner. 29. Amendments. Any changes in the provisions of this Agreement, requested Page 11 by SKB, require the express written consent of the City. The City may at its option impose additional requirements for the IUP, when changes or amendments in waste management rules, laws, or technology are in the best interest of public health, safety, and welfare, or if there are changes in the MPCA Permit or DC License. The procedure to amend the IUP shall be the same procedure required to issue the IUP. 30. Enforcement SKB shall reimburse the City for its reasonable costs (including without limitation engineering and legal fees) incurred in the enforcement of the IUP, which result in a City Council decision to terminate the IUP. Payment of these costs will be in addition to the City Service Charge, provided for in the Development Commitment. 31. Interpretation In any challenge of the provisions of this Agreement, the interpretation of the provisions shall be liberally construed to protect the public health, safety, and welfare. 32. Assignment The IUP is not assignable or transferable without the express written consent of the City. In the event an assignment of the IUP is proposed, the City may at its option impose additional requirements to this Agreement or may require a new agreement. 33. Notice Notices given pursuant to this Agreement shall be personally delivered or sent by certified mail to the City of Rosemount, 2875 145"' St. W., Rosemount, Minnesota 55068 -0510 and to SKB, Inc., 13425 Courthouse Boulevard, Rosemount, Minnesota 55068. All notices shall be effective upon receipt. 34. Recording This Agreement shall run with the subject land and may be recorded in the Dakota County Recorder's Office. Page 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF ROSEMOUNT: Cathy Busho, Mayor Thomas D. Burt, City Administrator Date SKB ENVIRONMENTAL INC. President Date Page 13 SITE MAP ,l r limensions rounded to nearest foot. N op 2001, Dakota County - 5 ENV I R ON MEN TNL his drawing is neither a legally recorded map nor a survey and is not intended to be used as one. his drawing is a compilation of records, information and data located in various county, and _ ate offices and other sources, affecting the area shown, and is to be used for re purposes "E LL C)� ily. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are und, please contact Dakota County Survey and Land Information Department. 1 ap Date: November 20, 2001 Parcels Updated: 11/8/2001 Aerial Photography Planning Commission Regular Meeting Minutes November 27, 2001 Page 2 Ch rperson Weisensel opened the floor to the applicant. Steve B a and Tom Vo ische were available to answer questions. Chairpe on Weisensel opened the floor to the public. ere were no comments. MOTION b Arveson to close the public hearin Seconded by Napper. Ayes: Weisensel, Ary on, and Napper. Nays: 0. ion carried. MOTION by Nappe to recommend th he City Council approve the lot split for the Abbott property subject o a restricti on further subdivision until Connemara Trail is being constructed to the e e of t property. Seconded by Arveson. MOTION by Weisensel t th otion be amended to add language concerning the dedication of a right -of- y by St. eph's Church for the west half of Birchwood Avenue. Seconded b Arveson. Ayes: eson, Napper, and Weisensel. Nays: 0. Motion carried. M apper to recommend that the Cit Council approve the lot split for the MOTION b Abbott pr erty subject to arestriction on further subdivision until Connemara Trail is being nstructed to the edge of the property or if St. eph's Church dedicates right-of- way/for the west half of Birchwood Avenue. Seconded b Arveson. Ayes: Napper, Weisensel, and Arveson. Nays: 0. Motion carried. Public Hearing: SKB Environmental Interim Use Permit Renewal Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on the SKB Environmental Interim Use Permit Renewal. Mr. Pearson presented the application by SKB for renewal of its Interim Use Permit for operation of an environmental landfill. This request applies solely to the IUP five -year renewal based upon no changes to the facility. The application does not pertain to previously requested changes to the facility. Chairperson Weisensel opened the floor to the applicant. Mike Fullerton was available to answer questions. Chairperson Weisensel opened the floor to the public. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Napper. Ayes: Weisensel, Arveson, and Napper. Nays: 0. Motion carried. Planning Commission Regular Meeting Minutes November 27, 2001 Page 3 MOTION by Arveson to recommend that the City Council approve the Interim Use Permit renewal for SKB Environmental subject to final approval by Dakota County and the Minnesota Pollution Control Agency. Seconded byNapper. Ayes: Arveson, Napper, and Weisensel. Nays: 0. Motion carried. Old Business: None. New Bu - ness: None. Director's Re ort: Mr. Pearson advi d the Planning Commission Centex Homes is requesting a Minor PUD Amendment c cerning the quad uni in the Bloomfield Addition. The amendment involves th ddition of c ered porches to the townhome units. The building footprint remains s . The porches encroach 2% feet into the setback area. Because Staff views the amen ent inconsequential, the matter will be brought directly to the City Council for rev' w. Commissioners di ssed the proposed c nges in further detail. No issues were identified. There ing no further business to come before this ission, upon MOTION by We' ensel and upon unanimous decision, the meeting was ourned at 7:00 p.m. Respectfully submitte , Dianne G. Quinnell Recording Secretary