Loading...
HomeMy WebLinkAbout4.q. Set Public Hearing for USPCI - Zoning Text Amendment " CITY OF ROSF�iOUNT ' '' EXECUTIVE SUNIl►�IARY FOR ACTION CITY COUNCIL MEETING DATE: APRIL 5, 1994 AGENDA ITEM: Set Public Hearing USPCI AGENDA SECTION: Consent PREPARED BY: Ron Wasmund, � AGENDA NO. Director of Public Works/Building Official� �fl � ���Id! � , � ATTACI�lENTS: Draft Amendment Language APPROVED BY: USPCI has requested an amendment to the Zoning Text and their interim use permit (IUP) to allow disposal of combustor ash in their facility. The amendment requested requires a public hearing by City Council . The Planning Commission has reviewed this request at their March 8th and March 22nd regular meetings. After a presentation by staff and comments from citizens and environmentalists, they passed a motion referring the request to Council for public hearing. The hearing is scheduled for April 19th at 8 :00 p.m. or as soon thereafter as practical . The draft amendment language is attached. The City Attorney is currently reviewing the draft language. . RECON�RENDED ACTION: Motion to set a public hearing for public testimony on USPCI' s requested amendment to Zoning text and their IUP to allow ash deposal at their facility. COUNCIL ACTION: 5 .. �r'Q.-'�-t Amendment to Interun Use Permit Agreement ' � USPCI, Inc. 1994 THIS AMENDMENT, dated , 1994 is made by and between USPCI, Inc. , a Deiaware Corporation (hereinafter °USPCI°) and the City of Rosemount, a Minnesota municipal corporation (hereinafter the "City") and is intended to • amend the Interim Use Permit Agreement, dated March 19, 1992, ', between USPCI and the City (hereinafter the "Agreement"} , �' RECITALS * USPCI entered into the Agreement with the City on March 19 , 1992; * Among other things, the Agreement identifies the types of wastes which USPCI may dispose of at the non-hazardous waste containment facility thereinafter the "Facility" ) further described in the Agreement; and * The parties to the Agreement are desirous of amending the Agreement to allow the disposal of ash at the Facility under certain specified conditions . NOW, THEREFORE, the parties agree to amend the Agreement by adding a section after Section 12 of the Agreement to read as follows: 12A. Disposal of Ash/Conditions: Despite the provision of Section 12 above, USPCI may dispose of ash at the Facility, but only pursuant to the following conditions: 1) USPCI 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) USPCI shall take adequate steps to prevent dust mitigation from ash disposal at the MICF. USPCI ma.y utilize, but is not limited to, on$ or more of the following methods for dust controli 1) conditioning the ash by addition, of moisture; 2) handling ash when wind conditions are calm; 3) immediately covering ash with cover materials. All � methods utilized must be in conformance with all other provisions of the permit. � 4) Ash disposal at the Facility must not resu?t in leachate discharges to the Rosemount Waste Water Treatment Plant which fail to comply with Industrial Discharge Permit requirements of the MWCC. ' 5) USPCI shall submit with its annual report a summary ' of the quantity (in tons and cubic yards) , .type, and � source of ash deposited into the facility and shall ,r provide an evaluation of the effects of ash on the chemical composition of leachate diseharged from the MICF to the Rosemount WWTP. Except as specifically amended in this and other properly executed Amendments, the Agreement shall rema.in at full force and ' effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. USPCI, INC. A Delaware Corporation By: CITY OF ROSEMOUNT By: E.B. McMenomy, Ma.yor By. . Thomas D. Burt, City Administrator ST�iTE OF TEXAS ) ) ss COIINTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by , its , on behalf of USPCI, Inc. , a Delaware Corporation. Notary Public STATE OF MINNESOTA ) )` ss COUNTY OF ) . r - The foregoing instrument was acknowledged before m� this day of ` ' , 1994 by E.B. McMenomy, Mayor, and Thomas D. Burt, City Administrator, on behalf of the City of Rosemount, a Minnesota municipal corporation. Notary Public . 2 . �r a�'" Non-hazardous Iadustrial Waste Solid waste generated from an industrial or manufacturing process. Non-hazardous industrial waste shall not include: incinerator, resource recovery or power plant ash, or by-product from the processing or recycling of such ash; liquid wastes not processed at the facility; sewage sludge, including `treated or digested sewage sludge; PCBs; infectious waste; household garbage or refuse; non-hazardous industrial waste that is economically feasible to recycle; radioactive or nuclear waste; rendering or slaughterhouse waste; or hazardous waste. Modifications or inclusions to this list may be made to the ordinance by Interim Use Permit for ma.terials determined by MPCA to . be non-hazardous. . 3