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HomeMy WebLinkAbout8. Minnesota Industrial Containment Facility - Interim Use PermitCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 1992 AGENDA ITEM: Minnesota Industrial Containment AGENDA SECTION: Facility (MICF) Interim Use Permit PUBLIC HEARING PREPARED BY: AGENDA ISE M A . '! '0_8 Lisa J. Freese, Director of Planning ATTACHMENTS: Resolution; IUP Agreement; APPROVED BY: J'X Dev. Committment; MPCA Permit; DC License. 4 V Attached is a copy of the Interim Use Permit Agreement that has been developed with the assistance of Dean Johnson, RSC, Gordy Meyer, Barr Engineering, and Dave Grannis, Grannis & Grannis. Since setting the public hearing on January 7, 1992, representatives from USPCI have met with the City staff and consultants several times to fine tune the agreement to meet the concerns of USPCI. At the Planning Commission Meeting on January 28th, there were still two areas of concern for USPCI regarding the Term and Termination clauses. At the request of the Planning Commisssion, staff and consultants have attempted to develop language that is more in line with the objectives of USPCI. On Monday staff will be delivering a memo discussing these issues in more detail. RECOMMENDED ACTION: A motion to adopt A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR THE USPCI, INC. MINNESOTA INDUSTRIAL CONTAINMENT FACILITY. COUNCIL ACTION: �iiy of (Rosemount PHONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR Edward S. McMenomy FAX (612) 423.5203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068.0510 COUNCILMEMBERS Shelia Klassen James (Red) Staats AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE Harry Willcox Dennis Wippermann MINNESOTA INDUSTRIAL CONTAINMENT FACILITY ADMINISTRATOR INTERIM USE PERMIT APPLICATION Stephan Ji& STATE OF MINNESOTA COUNTY OF DAKOTA ) SS CITY OF ROSEMOUNT Susan M. Walsh, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On January 23, 1992, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post'Office, Rosemount, Minnesota, a copy of the attached notice of a'public hearing for consideration of an Interim Use Permit as submitted by USPCI, enclosed in sealed envelopes, with postage thereon fully prepaid, _addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Sysan M. Wa-Ish City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this day of 1992. CINDY DORNIDEN NOTARY PUBLIC—MINNESOTA DAKQTA CouiGTY Notary Public My Gomm. Expires Aug. 25, 1995 v tfrbvw�Jwv�vnrwv�sv�J✓�vv�nivwv� ISveryihings (coming (up RosemounlY t: , ,cl.d paw, �.iy of Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423-5203 Mailing Address: P. O. Box 510, Rosemount, Minnesota 55068-0510 Public Notice INTERIM USE PERMIT APPLICATION Minnesota Industrial Containment Facility (South Side of Courthouse Blvd.) TO WHOM IT MAN CONCERN: MAYOR Vernon Napper COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, February 4, 1992 in the Council Chambers of the City Hall, 2875. 145th Street West, beginning at 8:00 p.m., or as soon thereafter as possible: The public hearing pertains to the ,following described property: A tract of land lying in Sections 19, 20 and 29, Township 115N, Range 18W, all in the City of Rosemount, Dakota County, Minnesota, commencing at the SW corner of the East 1/2 of the Southeast 1/4 of said Section 19; thence east and southeasterly along the centerline of County Road 38 to its intersection with the North and South Quarter Section Line of Section 29; thence north along said North and South Quarter Section Line of Section 29 and the North and South Quarter Section Line of Section 20 to the southwesterly right-of-way line of State Trunk Highway 55; thence northwesterly along the southwesterly right-of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestern Transportation Company right-of-way; thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East 1/2 of the Southeast 1/4 of Section 19; thence south along said west line to the point of commencement. The property in question is owned by USPCI, Inc. and is located on the south side of Courthouse Boulevard (STH 55) east of US Highway 52 and north of County Road 38. The proposed facility is referred to as the Minnesota Industrial Containment Facility. The purpose of the hearing is to consider an Interim Use Permit Application for USPCI, Inc. to allow the construction and operation of an industrial solid waste land disposal facility at this location for the disposal of non -hazardous industrial waste. Persons wishing to speak on this issue are invited to attend this meeting on Tuesday, February 4, 1992 at 8:00 p.m. Dated this 7th day of January, 1992. Su an M. WaIA, City Clerk City of Rosemount Dakota County, Minnesota (Sveryll islg`s (90ming Q4 Rosemounlll Minnesota Industrial Containment Facility (USPCI) INTERIM USE PERMIT APPLICATION MARLING LIST 1. Koch Refining Company P.O. Box 2256 Wichita, KS 67201 2. Chicago & NW Trans Co 1 N WSTN CTR Chicago, IL 60606 3. Paul J. Nieland 13250 Clayton Avenue E Rosemount, MN 55068 4. Metro Waste Control Commission Mears Park Centre 230 E Fifth Street St. Paul, MN 55101 5. Orrin Kirschbaum 13220 Doyle Path Rosemount, MN 55068 6. Joseph M. & Julie A. Simones 13273 Pine Bend Trail Rosemount, Mn 55068 7. Pine Bend Development Co. % Melvin G. Astleford 1200 Highway 13 West Burnsville, MN 55337 8. USPCI, Inc. Suite 500 515 West Greens Road Houston, TX 77067-4524 9. Beverly K Aspenson 150 10th Avenue North South St. Paul, MN 55075 10. Ninth Street Prop., Inc. One Commerce Green 515 W Greens - Suite 500 Houston, TX 77067 11. D. W. Severson 3389 140th Street East Rosemount, Mn 55068 12. James H. Kromschroeder 13625 Courthouse Blvd - RR 2 Rosemount, Mn 55068 34-01900-010-02 34-01900-010-06 34-01900-010-10 34-01900-010-62 34-01900-010-80 34-01900-010-50 34-01900-010-82 34-02000-010-27 34-02000-010-75 34-01900-010-52 34-01900-010-86 34-02000-010-01 34-02000-010-11 34-02000-010-08 34-02000-010-13 34-02000-010-25 34-02000-010-28 34-02000-010-39 34-02000-010-82 34-02900-010-01 34-02900-010-20 34-02900-010-25 34-02900-010-35 34-03000-010-01 34-03000-010-19 34-02000-010-33 34-02000-010-50 34-02000-010-35 34-02000-010-38 34-02000-010-37 34-02000-010-77 34-02000-010-86 13. Masahiro & Brenda Sugii 13701 Courthouse Blvd Rosemount, Mn 55068 14. Rich T. Burger M. G. Astleford 1200 Highway 13 West Burnsville, MN 55337 15. Calvin V. & Eleanor C. Twining 5480 142nd Street East Rosemount, Mn 55068 16. Dale B. & Betty L Agre 14175 Eilers Path Rosemount, MN 55068 17. Raymond A. & Roselia Rahn 3855 145th Street East Rosemount, MN 55068 18. Marlin W. & Joann Rechtzigei 14727 Clayton Avenue East Rosemount, MN 55068 19. Solberg Construction Co. 13245 Clayton Avenue Rosemount, MN 55068 20. Spectro Alloys Corp. 13220 Doyle Path - Box 10 Rosemount, MN 55068 21. Hollenback & Nelson, Inc. 7700 Wentworth Avenue South Minneapolis, MN 55423 22. Eagle Sanitation, Inc. Box 228 Newport, MN 55055 23. Cary Perket USPCI Suite 210 14450 South Robert Trail Rosemount, MN 55068 34-02000-010-88 34-02900-010-10 34-02900-010-11 34-02900-010-15 34-03000-010-09 34-03000-010-25 34-03000-010-30 34-03000-011-35 34-03000-012-35 34-03000-010-40 34-33400-010-01 34-33400-020-01 34-33400-030-01 34-33400-040-01 34-34000-040-02 34-34000-050-02 34-33400-050-01 34-33400-060-01 34-33400-070-01 34-33400-080-01 34-33400-010-02 34-33400-020-02 34-33400-030-02 APPLICANT KOCH REFINING CO CHICAGO & NW TRANS CO PAUL J NIELAND P 0 BOX 2256 1 N WSTN CTR 13250 CLAYTON AV E WICHITA KS 67201 CHICAGO IL 60606 ROSEMOUNT MN 55068 METRO WASTE CONTROL COMM ORRIN KIRSCHBAUM JOSEPH M & JULIE A SIMONES CAPITOL SO BLDG 13220 DOYLE PATH 13273 PINE BEND TR 230 E FIFTH ST ROSEMOUNT MN 55068 ROSEMOUNT MN 55068 ST PAUL MN 55101 PINE BEND DEV CO USPCI INC BEVERLY K ASPENSON % MELVIN G ASTLEFORD 515 GREENS RD W 150 10TH AV N 1200 HWY 13 W HOUSTON TX 77067 SO ST PAUL MN 55075 BURNSVILLE MN 55337 USPCI, INC D W SEVERSON JAMES H KROMSCHROEDER SUITE 500 3389 140TH ST E 13625 COURTHOUSE BLVD 515 W GREENS RD ROSEMOUNT MN 55068 ROSEMOUNT MN 55068 HOUSTON TX 77067-4524 MASAHIRO & BRENDA SUGII RICH T BURGER CALVIN V & ELEANOR C TWINING 13701 COURTHOUSE BLVD M G ASTLEFORD 5480 142ND ST E ROSEMOUNT MN 55068 1200 HWY 13 W ROSEMOUNT MN 55068 BURNSVILLE MN 55337 DALE B & BETTY L AGRE RAYMOND A & ROSELLA RAHN MARLIN W & JOANN RECHTZIGEL 14175 EILERS PATH 3855 145TH ST E 14727 CLAYTON AV E ROSEMOUNT MN 55068 ROSEMOUNT MN 55068 ROSEMOUNT MN 55066 SOLBERG CONSTRUCTION CO SPECTRO ALLOYS CORP HOLLENBACK & NELSON INC 13245 CLAYTON AV 13220 DOYLE PATH 7700 WENTWORTH AV S ROSEMOUNT MN 55068 BOX 10 MINNEAPOLIS MN 55423 ROSEMOUNT MN 55068 EAGLE SANITATION INC CARY PERKET BOX 228 USPCI NEWPORT MN 55055 14450 S ROBERT TR SUITE 210 ROSEMOUNT MN 55068 Farmington Independent •AFFIDAVIT OF PUBLICATION Diane Berge, being duly sworn, on oath says that she is an authoriz- ed agent and employee of the publisher of the newspaper, known as The Farmington Independent, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- stituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, �3,3��I`A.07 and other applicable laws, as amended. �1�-(fi (B) The printed t4,cn which is attached, was cut from the columns of said newspap r, and was printed and published once each week for successive weeks; it was first published on Thursday, the _ day of 19_Cj,9_- and was thereafter printed and published on eveQj Thursday, to and including Thursday, the day of , 19-=—; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghi j ktmnopgrst uvwxyz By: Title: Administrator for the Publisher. Subs •bed and sworn to before me on this -ra f day of , frK otary Public AFFIDAVIT 00:12:08 \'10 r!3TAry PUBLt?ER�4t+ 0TA,ra DAKOTA Cu .,1 -f v t^ r ssion Expires r o 19, 1992 City of Rosemount Public Notice INTERIM USE PERMIT APPLICATION Minnesota Industrial Containment Facility (South Side of Courthouse Blvd.) TO WHOM rr MAY CONCERN.\ NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, February 4, 1992 in the Council Chambers of the City, Hall, 2875 145th Strut West, beginning at 8:00 pm., or as soon thereafter as possible. The public hearing pertains to the following; —described property: A tract of land lying in Sections 19, 20 and 29, Township 115N, Range 18W, all in' the City of Rosemount, Dakota County, Minnesota,: commencing at the SW corner `of the East 1/2 of the Southeast 1/4 of said Section 19;thence east and southeasterly along the centerline of County Road 38 to intersection with the North and South Quatter,Section Line of Section 29; thence north along said North and South Quarter Section Line of Section 29 and the Noah and South Quarter Section Line" of Section 20 to the southwesterly right-0f4ay line of State; Tiunk Highway t 55;-: thence` nottlrwestedy along the southwesterly light - of -way, line, of said Highway 55 to its intersection with the centerline of the Chicago and Northwesternransportation Company right-of-wa�;thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East 1/2 of the Southeast 1/4 of Section 19; thence south along said west line to the point of commencement. The property in question -is owned by USPCI, Inc. and is located on the south side of Courthouse Boulevard (STH 55) east of US Highway 52 and north of County Road 38. The proposed facility is referred to as the Minnesota Industrial Containment Facility. The purpose of the hearing is'to consider an Interim Use Permit Application for USPCI, Inc. to allow the construction and operation of an industrial solid waste land disposal facility at this location for the disposal of non -hazardous industrial waste. Persons wishing to speak on this issue are invited to attend this meeting on Tuesday; February 4,1992 at 8:00 pm. 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Was V• Part 2 o f° exe lyit`I 5'0ar li0a� e�'c`I 90� Waste c -jri d e 'Q ,9 Januaz•Y 2g AtanCe A yt,�'e �Za� ape a4 C°r��°1 �1°�' 91 ADOp1,ED this 4th 1992, $, Age e, �� �Wl '90 97.1 ge5o1U Ot daY of Pet 5A G ell S0ta Y 1992 iGer`�e' , HCl ••y'0`I 1 1 a°irr ap 600 $' rte y i�at na ga ort Q ATTEST. 1. 5arv0ta c°i1 it �e� yeW lvty 4a� 2 0 2 991 C F .lor �50ta 0� • S E. Susan , 4R �°arG ' Vero M. Wals 3 Zr c,F • for Mo h. Ci tY Cl ejk liGa�c tion by, Voted in favor• Second� Voted against; 2 (January 30, 1992) INTERIM USE PERMIT AGREEMENT USPCI, INC. MINNESOTA INDUSTRIAL CONTAINMENT FACILITY THIS AGREEMENT, dated . 1992, is made by and between USPCI, Inc., a Delaware Corporation (hereinafter "USPCI") and the City of Rosemount, a Minnesota municipal corporation (hereinafter the "C11:0. The parties hereto agree as follows: 1. Interim Use Permit. USPCI has requested an Interim Use Permit (IUP) from the City 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 issuance of the IUP by the City subject to the provisions of this Agreement. This Agreement constitutes the IUP. Compliance with Minnesota Pollution Control Agency Permit No. SW -383, dated January 8, 1992 (MPGA Permit), and Dakota County Solid Waste License, approved December 17, 1991 (DC License), which are incorporated herein by reference, are conditions of the IUP. This IUP is issued by the City in accordance with Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, as amended, including Section 11.3. 2. Term. The MICF Permit Application details the design, construction, operation, closure, contingency actions and financial assurances for a ten (10) cell non -hazardous industrial waste containment facility, with an anticipated operating life of thirty (30) 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, or until terminated, or amended by the City. Prior to expiration of the IUP, or to apply for an amended IUP, USPCI shall request that the City review and reissue the IUP. To avoid passible 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 USPCI 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 ten (10) rectangular containment cells, each occupying a surface area of approximately sic (6) acres, with a volume capacity of 252,000 cubic yards per cell. The anticipated operating life of MICF is thirty (30) years. 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 of all the roadways, railways, buildings, leachate storage tanks, stormwater retention structures, sanitary sewer, berming, landscaping, and other ancillary components of MICF. This Agreement also allows for the construction, operation, closure and postdosure care of cells 1, 2, and 3, 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. USPCI shall construct MICF in accordance with plans, specifications and procedures approved by the Minnesota Pollution Control Agency (MPCA), Dakota County (DC). and the City. Any exceptions to the approved plans and specifications made during construction shJ1 be listed in the Construction Certification provided pursuant to Item 9. USPCI shall not make any alteration or addition to the facility that would materially alter the method or effect of disposal without first obtaining the written approval of the City Administrator. 5. Quality Assurance/Cualhy Control. USPCI 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 pian(s) require the written approval of the City Administrator. 6. Additional Construction Permits. USPCI 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. 7. Construction Inspection. USPCI 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. USPCI 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, USPCI shall grant the City and its agents, upon presentation of proper credentials, access to MICF for the purpose of inspections and enforcement related to construction. 8. Sanitary Sewer Connection. USPCI shall connect MICF to the Metropolitan Interceptor and the Rosemount Wastewater Treatment Plant. Prior to the issuance of a Certificate of Occupancy for MICF, USPCI must obtain approvals for the design, construction, and financing/billing agreements for the sanitary sewer connection to the Metropolitan Interceptor. USPCI 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, USPCI shall submit to the City a copy of the construction certification as required by MPGA.. 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. USPCI 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 may be made to the "Operational Pians" without the written approval of the City Administrator. 12. Waste Acceptance. USPCI shall accept, reject, and manage wastes according to the approved "Waste Acceptance Plan" (Volume IV of V, MICF Permit Application. USPCI shall not dispose of any wastes identified as unacceptable wastes in the "Waste Acceptance Plan", City Zoning Ordinance, DC 3 License or MPCA Permit. No amendments may be made to the "Waste Acceptance Plan" without the written approval of the City Administrator. 13. Personnel Training. All USPCI personnel involved in the operations and maintenance of MICF shall be trained, qualified, and certified as identified in the "Operational Pians." 14. Incident Reporting. in any "A -type" incident during operations at MICF, as defined in the "Operational Contingency Action Plan" (Volume V of V, MICF Permit Application) USPCI shall notify the City's Police Department by telephone within two (2) hours of the detection of the incident. USPCI shall promptly fumish the City with written reports of the incident, as specified in the plans. 15. General Inspections Records Reporting Enforcement. USPCI 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, USPCI shall allow the City to inspect written documentation pertaining to compliance -by USPCI 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 "Operational Contin- gency Action Pian", 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 IUP. USPCI shall fumish 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. USPCI shall implement contingency and/or corrective actions as specified in the permit application and MPCA Permit and DC License. USPCI shah furnish the City with a copy of the remedial measures report or remedial measures plan, according to the timetable specked in 2 MPCA Permit. No amendments may be made to the "Operational Contingency Action Pian" or the "Postdosure Contingency Action Pian" without the written approval of the City Administrator. 17. Monitoring/Repporting. USPCI shall monitor MICF in accordance with MPCA Permit. Nothing shall be construed to prevent USPCI from exceeding MPCA Permit requirements. 18. Closure. USPCI shall dose MICF in accordance with the requirements of MPCA Permit. USPCI shall notify the City at least ten (10) working days prior to the date closure activities for each cell are scheduled to begin. USPCI shall notify the City at least 90 days prior to the date final closure activities for MICF are scheduled to begin. Upon completion of closure of a cell or MICF, USPCI shall notify the City to provide the opportunity for a final inspection. A copy of the closure certification and supporting documen- tation that is required by MPCA Permit shall be submitted to the City upon submittal to the MPCA. No amendment maybe made to the "Closure Plan" (Volume V of V, MICF Permit Application) without the written approval of the City Administrator. 19. PoMclosure. USPCI shall provide postclosure care of MICF in accordance with the requirements of MPCA Permit. No amendments may be made to the "Postdosure Pian" (Volume V of V, MICF Permit Application) without the written approval of the City Administrator. 20. Financial Assurances. USPCI shall comply with the financial assurance requirements of MPCA Permit. No reduction in the financial assurance requirements may 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 IUP and attached as Exhibit D. 5 22. Responsibility for Costs. USPCI and the City agree to fund the out-of-pocket expenses incurred by the City in the review and issuance of the IUP, according to the provisions of the Development Commitment. Costs incurred by the City for ongoing monitoring of the operation of MICF and administra- tion 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. USPCI 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 limitation, reasonable attorneys' fees) arising out of or in any way related to MICF. 25. Other Laws and Regulations. USPCI agrees to comply with all other laws, regulations, permits, or licenses which apply to MICF. 26. Severability. 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 served upon USPCI by the City in writing. Such written notice shall specify the violation and request that the violation be corrected. USPCI shall have ten (10) days from the date of service to correct the violation. Upon evidence that the health, safety, and welfare of the pubic is not In jeopardy and upon evidence of diligent coopera- tion by USPCI to correct the violation, the City Administrator may agree in writing to extend the ten-day period. C -A 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 proceedures: Termination shall not occur earlier than ten (10) working days from the time that written notice of termination is served on USPCI or, if a hearing is requested, until written notice of the Council action has been served on USPCI. Notice to USPCI shall be served personally or by registered or certified mail at the address designated in the IUP. Such written notice of termination shall contain the effective date of the 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 USPCI 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 USPCI 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 USPCI 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 main notice of the hearing to USPCI 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 a written report, and the Council may adopt, modify, or reject the report. 7 E. Conduct of the Hearing: USPCI may be represented by counsel. The City, USPCI, 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, conclu- sions, 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 accustomed to rely 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 City's written notice of termination or in USPCI's written request for a hearing. H. At the request of the City, USPCI, 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 hold 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 parry shall describe them thoroughly by job duties and involvement with the facts at issue. I. If a pre -hearing conference is field, evidence not divulged as provided above may be excluded at the hearing. J. If USPCI 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 by USPCI, 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 8 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. USPCI 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 Chaarge, 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. Nott. Notices given pursuant to this Agreement shall be personally delivered or sent by certified mail to the City of Rosemount, P. O. Box 510, Rosemount, Minnesota 55068-0510 and to USPCI, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. USPCI, INC. A Delaware Corporation By: M CITY OF ROSEMOUNT By: E.B. McMenomy, Mayor By: Stephan J11k, City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before rhe this day of 1992, by , its , and , its on behalf of USPCi, Inc. a Delaware Corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1992, by E. B. McMenomy, Mayor, and Susan M. Walsh, City Clerk, on behalf of the City of Rosemount, a Minnesota municipal corporation. Notary Public 10 EXHIBIT A uSPCI, Inc. Minnesota industrial Containment Facility Site Legal Description A tract of land lying in Sections 19, 20, and �ommenc ng at the southwest the City of Rosemount, Dakota County, Minnesota, comer of the East Half of the Southeast Quarter (E% of SE>t) of said Section 19; thence east and southeasterly along the centerline of County Road 38 to its intersection with the North and South quarter section line of Section 29; thence north along said north and south quarter section line of Section 29 and the north and south quarter section line of Section 20 to the the southwesterly right -of way line of State Trunk Highway 55; thence northwesterly along the southwesterly right- of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestern Transportation Company right-of-way; thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East Half of the Southeast Quarter (E% of SEV,) of said Section 19; thence south along said west line to the point of commencement. EAGAN T C. F. LOCATION Minnesota Industrial Containment Facility Guide Plan Amendment Exhibit B jj! !„�• Y ��' -�,'J )�,%'°°�Y� �; k,. ,s4 ,��� .� .,� rR���1 ;� I,� v ,.i.' ,',�� << MINNESOTA INDUSTRIAL .,.A, �,�,,` , CONTAINMENT FACILITY n 8� ' %%� / /�� �� , t Q�4r ��:� �ryt Il``' < ;' �' 'O✓ 't uspci. INC. �' \ \ , �% �/ ��,.: • : "\� �� f� r JI;, a moor ..cv+e eavun C. r/ t' 1. ..� i—'^••i 1 y� 4 1.'1 ��v'a�, ` l e° n C. \.4 s.."2• Cell 7 Cell 3 rte, \.\�. A,vm1 1 neo �Ai:6. �' , ., �•. 1. Lely •!\�y�'%i%//y/,/11 r•'. 1. t\ \t`�l/rr i'4 `�, l `.--� , ,� IL.'.i.:•ri ~�/ "�', 1. •� �1. ���1��(;1,�'��.1 f°..., ,� e,XgikA rJrA!l'� Cell 1-c—ell C 9 / % b \\ 1 \ �e\1\i�� �i >' �Ijtl� ' Wo, ..t \`\• 't �.1 —o i\�\�\ l o \ (� ! t� Cell G�• ° E / ►�—+` _ �Q "� :` ” / I w ; ,l'���� � ' Cell 10 s\ 9ii: 1 )i 7 li O - - ��.�. •�'pJ'.i, ��\\ °" _ It� !. �! ' ,� 1� �� � LL,,__ .�, .. i 1 T`, ,;d+.:' l� \\\ ,� y ,•S "� l�',r �r. J .., ^-.`„v'Q' ' �,�1 tt�%// [� � � .J l � .�wranweuY Cell 4' Cell 6 fi.� / i �` � (�e!"u► _ ; 's".^> C �4r- i�l' r --� �•� -1� '�' f����.l��jl� i �� l i�-� teii , t` [� ��,' '--• ,,C�'ii/'\� \1.�� �� _ � lI('�,,� /yam- � t '\ tel' �'.-^ d 1 '..`-= = q �-.-,Cad. � � ,�� ;�;I) ' ��� �'t �. •' • / , a — — - F jjt ,��• �f('r )"; l��,!f;'r;r �' fes, CTY 1j t ,---�- -�-• ♦ �/� % ��) "tea � \�--� � o.,�P�� ,? \ lei LAI lb1t C VW 77�GEN�ERALITE LAYOUT IV -11.6 � i� wYR OseYl e.[ M f\ Mr M1[ • [ Y r f r O M [ A r•O Exhibit D DEVELOPMENT COMMITMENT USPCI, INC. (herein referred to as "USPCI") a Delaware corporation with its principal office at Houston, Texas and its local office at Rosemount, Minnesota, makes the following representations and commitments to the CITY OF ROSEMOUNT, a Minnesota municipal corporation located in Dakota County, Minnesota (herein referred to as 'City"). WITNESSETH: 1. Project - Facility. USPCI proposes to locate in the City a non -hazardous industrial waste containment facility ("the Facility or "the Project") as generally described in both the Environmental Assessment Report dated November 28, 1988, prepared by Environmental Engineering and Management, Ltd., a copy of which Environmental Assessment Report (herein referred to as "EAR") has been provided to.the City as well as the Preliminary Permit Application dated April, 1989 which was also prepared by Environmental Engineering and Management, Ltd. The Facility will be located on approximately 240 acres of land ("the Property") as is more specifically described on the attached Exhibit "A", which is incorporated herein by reference. The proposed Facility is a "state of the art" project and will allow containing of non- hazardous industrial waste in a manner vastly superior to the way these wastes are presently being disposed of in Dakota County. 2. Environmental Impact Statement. USPCI has affirmatively requested an Environmental Impact Statement ("EIS") of the Project which study is presently underway. r10/11/89 3. Approvals. It is understood that various governmental approvals are required for the Project including approvals at the federal, state, and regional as well as local level. 4. Economic Benefits. The Facility, in addition to providing a ^'state of the art" facility for the handling of non- hazardous industrial waste, will also provide economic incentives from USPCI as delineated in this Commitment to the City as required in conjunction with permits and approvals required under the City Zoning ordinance. NOW, THEREFORE, USPCI hereby represents and commits to the City as follows: 5. City Approval... The commitments herein contained are subject to USPCI obtaining all governmental approvals required for the Project, including but not limited to all permits, authorizations and approvals from the City required to allow construction, operation and.maintenance of the Facility. The commitments are further conditioned upon the issuance, existence and continuance of all permits, approvals and authorizations required to allow construction, operation and maintenance of said Facility. 6. USPCI to Proceed. USPCI agrees to construct, operate and maintain the Facility on all or a portion of the Property, as outlined in the EAR, subject to obtaining all necessary approvals and subject to such modification, if any, as may be required, and agreed to by USPCI resulting from the EIS or reasonable mandates from other approving authorities. - 2 - CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1992- A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR THE USPCI, INC. MINNESOTA INDUSTRIAL CONTAINMENT FACILITY WHEREAS,the City Council did receive an Interim Use Permit Application for the USPCI, Inc. Minnesota Industrial Containment Facility pertaining to the property as legally described on attached Exhibit A; and WHEREAS, the Planning Commission of the City of Rosemount has reviewed and approved the site plan subject to the following conditions: 1) the handicap parking must meet the requirements of the American Disabilities Act; 2) prior to issuance of the grading permit, an erosion control plan for the berm must be approved by the Building Official; 3) all plant materials must be installed in accordance with accepted Minnesota Nursery Association Guidelines and Standards; and 4) a letter of credit for the berm, erosion control, and landscape materials totalling $175,000 must be submitted per the Planning Department's specifications; and WHEREAS, the Planning Commission of the City of Rosemount has as recommended approval of the Interim Use Permit subject to the l- execution of the Interim Use Permit Agreement which constitutes as the Permit WHEREAS, a public hearing was scheduled according to law and held on the 4th day of February, 1992 to consider the USPCI, Inc. Minnesota Industrial Containment Facility Interim Use Permit. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves an Interim Use Permit for the USPCI, Inc. Minnesota Industrial Containment Facility, subject to the following: A. execution of the USPCI, Inc. Minnesota Industrial Containment Facility Interim Use Permit Agreement; and B. the permits, agreements and plans referenced in the USPCI, Inc. Minnesota Industrial Containment Facility Interim Use Permit Agreement and the standards and specifications in the documents submitted with the application, consisting of the following documents: 1. Minnesota Pollution Control Agency Permit No. SW -383, dated January 8, 1992; 2. Dakota County License, Resolution 91-994, dated December 17, 1991; 3. M.I.C.F. Permit Application, Vol. I of V, Part 1 of 4, Introduction, Overview and Facility Design; 4. M.I.C.F. Minnesota Pollution Control Agency Permit Application Form, Vol. I, Part 2 of 4, Appendix 1-A; 5. Vol. I, Part 3 of 4, Drawings; 6. Vol. I, Part 4 of 4, Drawings; 7. Vol. II of 2, Part l of 1, M.I.C.F. Environmental Impact Statement; 8. Vol. III, Report and Appendices A, B, C A. Description of Soil Units B. Site Cross Sections C. Testing Results on Attenuation Properties of Clay Soils 9. Vol. III, Appendices D, E, F D. Monitoring Wells and Water Wells within 3 Mile Radius E. MPCA Letter Concerning Releases in the Area F. Ground -water Sampling and Field Analysis Standard Operating Procedures 10. Vol. III Appendices G, H, I, J, K G. Laboratory Analytical Results H. Ground -water Modeling Report I. Locations and Construction Diagrams of the Current Borings and Wells and the Construction Diagram of the Proposed Wells J. Analysis of Water used During Drilling Programs K. Hydraulic Conductivity Data, Permeability Test Data and Grain Size Date on Site Soils 11. Vol IV of V, Part 1 of 1, Operational Plans; 12. Vol. V of 5, Part 1 of 2, Closure, Post -closure and Contingency Action Plan; 13. Vol. V, Part 2 of 2, Drawings. 14. Waste Acceptance Plan, dated December 10, 1991, revised January 28, 1992. ADOPTED this 4th day of February, 1992. ATTEST: Susan M. Walsh, City Clerk E.B. McMenomy, Mayor Motion by: Seconded by: Voted in favor: Voted against• 2 &I. EXHIBIT A USPCI, Inc. Minnesota Industrial Containment Facility Site Legal Description A tract of land lying in Sections 19, 20, and 29, Township 115N, Range 18W, all in the City of Rosemount, Dakota County, Minnesota, commencing at the southwest corner of the East Half of the Southeast Quarter (Ek of SE;) of said Section 19; thence east and southeasterly along the centerline of County Road 38 to its intersection with the North and South quarter section line of Section 29; thence north along said north and south quarter section line of Section 29 and the north and south quarter section line of Section 20 to the the southwesterly right-of-way line of State Trunk Highway 55; thence northwesterly along the southwesterly right-of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestern Transportation Company right-of-way; thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East Half of the Southeast Quarter (Ek of SE,) of said Section 19; thence south along said west line to the point of commencement. 01 7. Tax Increment Financing. USPCI understands the capabilities of the City or its HRA to establish and operate TAX INCREMENT DISTRICTS in their program to expand industrial and commercial development in the City. In an effort to assist in this effort USPCI will not object to the City or its HRA in establishment of such a district to include the Property. 8. Park Dedication Fees. USPCI recognizes the City of Rosemount's Park and Recreation development program and the methods the City uses to fund this program by collection of 'Park Dedication Fees". USPCI also recognizes the equivalent payment which would be required to be paid if their Project would be required to go through a platting process. Because the City could require this platting and a specific park dedication fee would be required, although the City is not requiring that the Property be platted, USPCI will voluntarily make a non-refundable payment of $85,000 in lieu of the park dedication fee. This is the amount of ten (10) acres equivalent dedication or ten (10) times the current per acre value for this purpose. (1989 value of $8,500 per acre - $85,000). The payment may be made in five (5) equal annual installments of $17,000 each. The first installment shall be due on the date the City issues a permit for the Project and subsequent installments shall be due annually thereafter on the same day each year for the next four (4) years. If USPCI decides to pay the fee in installments, it agrees to furnish the City an irrevocable letter of credit to guarantee - 3 - payment of the unpaid portion of the fee. The bank issuing the letter of credit and the form of the letter of credit shall be approved by the City. 9. Option to Purchase. At such time as the storage cells are completed and closed, and the Facility will no longer be accepting waste, the City will have an option for a period of 12 months immediately subsequent to closing of the last cell, to purchase that portion of the Property not required for closure and maintenance of the Facility. Said option right will terminate, if not exercised prior thereto, 12 months after closure of the last cell. The purchase price will be an amount equal to 85 percent of the value of the Property being purchased, as said value is determined by appraisal. USPCI shall select one appraiser familiar with real estate values in Dakota County and the City shall select one appraiser familiar with real estate values in Dakota County. The two appraisers shall select a third appraiser and the three appraisers shall proceed to determine the fair market value of the Property. If the two appraisers selected by the City and USPCI are unable to agree on the third appraiser, they shall apply to the Chief Judge of the District Court in Dakota County, Minnesota and the Chief Judge shall select the third appraiser. Any valuation agreed upon by a majority of the appraisers shall be accepted as final by both USPCI and the City. Payment shall be in cash, at closing, unless otherwise agreed by the parties with the Property being sold in an pas isp condition, free of all encumbrances and with real estate taxes due in the year of closing pro -rated to date of - 4 - closing. USPCI shall provide to the City an Abstract of Title or Registered Property Certificate, evidencing marketable title,. or title insurance from a title insurance company acceptable to the City. USPCI shall have the right to determine which acreage is not required for closure and maintenance and is therefore subject to the terms of this option, which determination shall be made at the time of closure of the last cell. Upon closure of the last cell, USPCI shall notify the City in writing of this event, receipt of which notice shall commence the 12 month option period. Notice of exercise of the option, during the option term, shall be in writing delivered to USPCI. Closing shall be within 90 days of notice of exercise of the option. The City may, during the term of the option, exercise same and purchase the Property, but shall not be under any obligation to do so. If prior to closure of the final cell, a portion of the Property has been conveyed to the Metropolitan Waste Control Facility for its use and purposes, as is presently contemplated with reference to approximately ten (10) acres of the subject Property, said Property shall be excluded from the Property to which the option rights shall apply. If requested by the City, USPCI will execute and deliver to the City a real estate option in standard recordable form, setting forth the terms of this option. 10. City Service Charge. a. Basis for Charge. USPCI recognizes certain aspects of the prior -approval review, placement and operation of a Facility of the nature proposed in a residential/rural type city has required and will further require the City to expend funds - 5 - for the pre -approval review and the ongoing monitoring of the operation of the Facility, the administration of the permit for the Facility and interaction with USPCI and state, county and federal agencies. The City may incur other costs associated with the Facility and its impact on the City. b. Base Service Charge. To offset those costs, USPCI will, for each ton of waste deposited into the Facility, pay the City a City Service Charge. The City Service Charge which shall initially be imposed, commencing with the first day the Facility accepts waste, shall be computed at the rate of $2.75 per ton, for each ton accepted and disposed of in the Facility. Tonnage computation for the City Service Charge shall be the same as for the Waste Generation Charge. This City Service Charge shall be subject to adjustment, from time to time, and offset, as hereinafter provided. Payments shall be made monthly to the City at 2875 - 145th Street West, Rosemount, Minnesota 55068, or such, other location designated in writing by the City. Payments for each month shall be due by the 15th day of the following month. c. Generator Charge Adjustment. At the present time it is anticipated that the initial per ton fee charged by USPCI to waste generators (OWaste Generator Charge') will be $75.00 per ton, and the City Service Charge payable to the City, is predicated on that anticipated Waste Generator Charge. If the Waste Generator Charge is increased or decreased by USPCI (other than as a result of an increase in amounts due governmental entities after the Facility commences operation, such as special taxes, permit fees, etc., which governmentally required increases - 6 - shall not impact the per ton charge due the City pursuant to this paragraph) then the City Service Charge shall be adjusted pro - rata. Accordingly and by way of example, if there is a ten (10) percent increase in the Waste Generator Charge (other than governmentally mandated) then the City Service Charge shall likewise be increased by ten (10) percent. Adjustment based on this subparagraph (c) shall be applied to the previously existing City Service Charge, before the following adjustments or offsets. d. Adjustment for Future Required, Legislatively Imposed, or Negotiated Payments. If there are future required, negotiated or legislatively mandated payments due to the City by USPCI (other than as provided herein) the intent of which is to respond to impacts resulting from the Facility, such payments shall be an offset against and a reduction of the amounts due the City pursuant to this paragraph. Accordingly and by way of example if the Minnesota Legislature or other governmental entity with authority to do so mandates that USPCI shall pay the City a tax, or other imposition, the amount of said tax or imposition shall reduce the City Service Charge, dollar for dollar, due pursuant to this paragraph. e. Consultant Offset. To assist the City in evaluating the Application of USPCI for necessary rezoning and permit issuance, the City has, and will hereafter retain outside consultants (e.g. legal, environmental, etc.) to assist it. USPCI has agreed to reimburse the City for these outside consultant expenses, pursuant to a letter agreement dated in August 1989. Pursuant to said letter agreement, USPCI has - 7 - deposited funds with the City and may hereafter deposit additional funds with the City, to reimburse the City for outside consultant expenses. At the time of City issuance of the last permit required by USPCI to construct the Facility, the amount of the outside consultant expense incurred by the City will be determined and will be paid by USPCI to the City unless these funds advanced by USPCI to the City exceed said amount, in which case said excess shall be returned to USPCI. The total amount expended or incurred by the City up to the time of issuance of the last permit (the "'Consultant Offset"' amount) will be an offset against the City Service Charge due the City by USPCI pursuant to the preceding provisions of this paragraph. Said Consultant Offset amount will reduce the per ton City Service Charge at the rate of 25 cents per ton, until the total Consultant Offset amount has been eliminated. Accordingly and by way of example if the total..consultant charge amount is $50,000, the amount due by USPCI to the City for the first 200,000 tons deposited in the Facility, determined in accordance with the foregoing subparagraphs, shall be reduced by 25 cents per ton. f. The City agrees that the funds provided pursuant to this paragraph will not be used in any manner directly competitive to the business operations of USPCI at the Facility. Nothing in this provision shall be construed to limit the City of Rosemount's participation in recycling efforts. 11. City of Rosemount - USPCI Community Trust Fund. a. Establishment. USPCI in conjunction with the City - 8 will establish a Community Trust Fund which shall be known as the City of Rosemount - USPCI Community Trust Fund. The trust fund will be administered by a board of trustees made up of five (5) persons, three (3) of whom will be designated by the City and two (2) by USPCI. The trust will be funded by USPCI with a payment of $4.00 per ton (subject to adjustment as hereinafter provided) for each ton of waste accepted and disposed of in the Facility during the years that the Facility is accepting waste. Tonnage computation for the City Service Charge shall be the same as for the Waste Generator Charge. Payments to the trust shall be made monthly at such place designated in writing by the trustees. Payments for each month.shall be due by the 15th day of the following month. b. Use. The principal of the trust may only be used at the determination of the trustees as set out in the trust agreement. Detailed activity of the trust fund shall be as set forth on the trust document, a copy of which is attached hereto as Exhibit OBO and incorporated herein by reference. C. Adjustment Based on Waste Generator Charge. At the present time it is anticipated that the initial per ton fee charged to waste generators ("Waste Generator Charge") will be $75.00 per ton, and the Community Trust Fund Charge payable to the Trust, is predicated on that anticipated Waste Generator Charge. If the Waste Generator Charge is increased or decreased by USPCI (other than as a result of an increase in amounts due governmental entities after the Facility commences operation, such as permit fees, etc., which governmentally required - 9 - a increases shall not impact the per ton charge due the City pursuant to this paragraph) then the Community Trust Fund Charge shall be adjusted pro -rata. Accordingly and by way of example if there is a ten (10) percent increase in the Waste Generator Charge (other than governmentally mandated) then the Community Trust Fund Charge shall likewise be increased by ten (10) percent. Adjustment based on this subparagraph (c) shall be applied to the previously existing Community Trust Fund Charge, before the following adjustments or offsets. d. The City agrees that the funds provided pursuant to this paragraph will not be used in any manner directly competitive to the business operations of USPCI at the Facility. Nothing in this provision shall be construed to limit the City of Rosemount's participation in recycling efforts. 12. Miscellaneous. a. The City will be given access to operating records of USPCI for the purpose of verifying the accuracy of the amounts reported to have been accepted at the Facility. b. USPCI agrees that any permit issued by the City for the Project may incorporate the provisions of this Commitment. c. USPCI agrees not to sell, assign, or transfer its interest in the Facility or Property without the prior consent of the City. It is further understood that the City may not assign rights or obligations of the City hereunder without prior written consent of USPCI. - 10 - 13. Summary. USPCI feels it is in the best interest of the City as well as the region and the state that a Facility be constructed consistent with ^'state of the art" technical knowledge to accommodate non -hazardous industrial waste. The proposed Facility is a "'state of the artO project and will allow containment of said non -hazardous waste in a manner vastly superior to the manner in which said wastes are presently being disposed of in Dakota County. Portions of the Property have been designated by the Minnesota Pollution Control Agency as "intrinsically suitableO for such a Facility. Thus, USPCI agrees to use their best efforts to accomplish all necessary steps to allow the construction and operation of the Facility for the good of all persons concerned. This Development Commitment is executed by USPCI, INC. this / 7 day of Uri , 1989. USPCI, IN . sy ; 6!�44 /"'0 Subject to the above provisions, the City will cooperate with USPCI in the permit application process and provide reasonable assistance to USPCI in seeking all necessary approvals. Accepted and agreed to this /71� day of 1989. CITY OF ROSEMOUNT B r' Y � Ilan Hok6-, Ma r .By • teph,aEh Jilk, min-istrator/ Clerk - 12 - This 1989, by the laws "Donor"), -1 USPCI, INC. ROSEMMOUNT COMMUNITY TRUST. Trust Agreement made this�_ day of , and between USPCI, INC., a corporation organ MT under of the State of Delaware (hereinafter referred to as and and "('Sere�ina ter coi%ctive y referred Eo is-lTE'ustees7.�� 1. Purpose of Trust. This trust is created and shall be operated exc usivelyo� r the benefit of the citizens of Rosemount and the City of Rosemount, including, but not limited to, the following purposes: (a) To provide for the construction and maintenance of facilities for public recreation; (b) To further community, industrial, governmental and physical planning in the City of Rosemount; (c) To improve living and working conditions within the City of Rosemount for the general welfare of the citizens of Rosemount. (d) To further public educational opportunities, whether by establishing programs or facilities devoted to educational purposes, or the furnishing of educational scholarships; and (e) To provide for the charitable needs of the citizens of Rosemount and the City of Rosemount, within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, and amendments supplementary thereto. This trust is formed for and shall be operated exclusively for such purposes and in such a manner as shall make this trust tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code of 1986 and such other applicable legislation and regulations as they now exist or as they may be amended. No part of the trust fund shall inure to the benefit of any private shareholder or individual, and no part of the activities of this trust shall consist of carrying on propaganda, or otherwise attempting, to influence legislation, or of participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstandinq any other provisions, this trust shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization which is tax exempt or by an organization to which donations are deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations as they now exist or may hereafter be amended. 2. Name of Trust. The name of this trust shall be the USPCI, Inc. osemoun ummunity Trust, and so far as practicable the Trustees shall conduct the activities of the trust in that name. 3. Trust Fund. The Trustees shall accept only donations made in cash from the Donor pursuant to the terms and provisions of that certain Permit datedissued by the City of Rosemount to Donor. All onat on ss o_ received, together with the income derived therefrom, herein referred to as the trust fund, shall be held, managed, administered and paid out by the Trustees pursuant to the terms of this Trust Agreement. 4. Use of Trust Fund. The Trustees shall apply the trust fund, at such times, in such manner, and in such amounts as they may determine, to the uses and purposes set forth in Paragraph 1, or they may make contributions to other charitable organizations to be used within the City of Rosemount. For this purpose, the term "charitable organizations" shall mean a corporation, trust or community chest, fund or foundation, created or organized in the United States or under the law of the United States or any state, organized and operated exclusively for charitable and educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. Subject to the foregoing, during the first five (5) years after the establishment of the trust, the Trustees may annually distribute the sum of Seventy-five Thousand Dollars ($75,000) or the income of the trust, whichever is greater. Thereafter, the Trustees may annually distribute an amount not to exceed the income of the trust. In no event shall the Trustees be required to distribute sums in excess of the trust principal. Furthermore, in the event of a catastrophic occurence as the result of an act of god adversely affecting the welfare of the City of Rosemount or its citizens, the Trustees may, in their discretion, distribute the sum of One Million Dollars ($1,000,000) or one-third (1/3) of the trust fund, whichever is less, for the uses and purposes set forth in Paragraph 1 hereof. Any other provisions of this Trust Agreement notwithstanding, the Trustees shall distribute the trust income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 5. Action of Trustees. The Trustees shall meet at least three (3) times during eac calendar year at such times and places as they may from to time designate. Thirty (30) days written notice of all meetings of the Trustees shall be given to each Trustee, except where the meeting is an adjourned meeting and the date, time and place of the meeting are decided at the time of adjournment. Written notice shell contain the time and place of the meeting and shall be signed by at least two (2) Trustees. Three (3) Trustees must be present at a duly noticed meeting to constitute a quorum for the transaction of trust business. All -2- a actions of the Trustees shall be taken by reso.Lution at a duly noticed meeting or by a written record without a meeting with the unanimous consent of all Trustees. The Trustees shall appoint from among themselves a secretary, who shall keep a record of all actions of the Trustees. All actions of the Trustees, including, but not limited to distribution of income, shall require the affirmative vote of a majority of the Trustees then in office except for the following actions: (a) Distributions of principal from the trust fund shall require the affirmative vote of two-thirds (2/3) of the Trustees then in office, except for distributions of principal made within the first five (5) years after establishment of the trust; and (b) Distributions to or for the benefit of the City of Rosemount for maintenance or repairs, street improvements, utility improvements, employee salary expense, or expenses for similar public works activities shall require the vote of two-thirds (2/3) of the Trustees then in office. Any instrument required to be executed by this trust shall be valid if executed in the name of this trust by three (3) of the Trustees. A copy of any resolution or action taken by the Trustees, certified by any three (3) of the Trustees, may be relied upon by any person dealing with this trust. No person shall be required to see to the application of any money, securities or other property paid or delivered to the Trustees, or to inquire into any action, decision or authority of the Trustees. 6. Trustees' powers. In the administration of this trust and of the trust fun3t t e Trustees shall have all powers and authority necessary or available to carry out the purposes of this trust and, without limiting the generality of the foregoing, shall' have the following powers and authority, all subject, however, to the condition that no power or authority_ shall be exercised by the Trustees in any manner or for any purpose which may not be exercised by an organization which is tax exempt or by an organization to which donations are deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations as they now exist or may hereafter be amended: (a) To receive the income, profits, rents and proceeds of the trust fund; (b) To purchase, subscribe for, retain, invest and reinvest in securities or other property wherever situated, and whether or not productive or of a wasting nature, and without any requirement for diversification as to kind or amount. The words "securities or other property as used in this agreement shall be deemed to include real or personal property, corporate shares, common or preferred, or any other interest in any corporation, association, investment trust or investment company, bonds, notes, debentures or other evidences of indebtedness or ownership, secured or unsecured, even -3- l (j) To .employ suitable accountants, agent$, counsel and custodians and to pay their reasonable expenses and compensations (k) To register any securities held by them in their own name, or, to the extent permitted by law, in the name of a nominee with or without the addition of words indicating that such securities are held in a fiduciary capacity and to hold any securities unregistered or in bearer form; (1) To make, execute and deliver all instruments necessary or proper for the accomplishment of the purpose of this -trust or of any of the foregoing powers, including deeds, bills of sale, transfers, leases, mortgages, security agreements, assignments, conveyances, contracts, purchase agreements, waivers, releases and settlements= (m) To exercise any and all powers granted to Trustees under Minnesota Statutes 5501.66, as it exists at the date of execution of this Trust Agreement; and (n) Any other provisions of this agreement notwithstanding, the Trustees shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws; nor retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws] nor make any investments in such manner as to incur tax liability under Section 4944 of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws; nor make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 7. Trustees Designation and Succession. The trust shall be managed and administered by five (5) Trustees. Class I Trustees shall be nominated and appointed by the Mayor of the City of Rosemount, with the approval of the City Council of Rosemount at the first City Council meeting in January of each year. Class I Trustees shall consist ci three (3) Trustees who are residents of the City of Rosemount, selected for their knowledge of the needs of the citizens of Rosemount and the City of Rosemount. No more than one Class I Trustee may be either a member of the Rosemount City Council or an employee of the City of Rosemount. Class I Trustees shall serve for three (3) year terms and may not -serve for more than two (2) consecutive three (3) year terms. Upon the initial appointment and designation of Class I Trustees, the Mayor shall designate and stagger the terms of the initial Trustees such that in January of each year a Trustee must be designated and .;5- 1 1 appointed by the Mayor of the City of Rosemount, with the approval of the City Council of Rosemount. Class II Trustees, consisting of two (2) Trustees, shall be designated and appointed by the Donor. Class II Trustees shall serve at the pleasure of the Donor. W Any Trustee may resign his office at any time without leave of Court by written notice to all Trustees then in office. The resignation shall be effective as of the time set forth in said notice of resignation. Vacancies existing in the office of Class I Trustees, for whatever cause, shall be filled by appointment by the Mayor of the City of Rosemount, subject to approval by the City Council of Rosemount. Vacancies existing in the office of Class II Trustees, for whatever cause, shall be filled by the Donor. The Trustees may act notwithstanding the existence of any vacancies so long as there shall continue to be at least three (3) Trustees in office. The appointment of Trustees and successor Trustees shall be made by an instrument in writing. In the case of Class I Trustees, the writing shall contain a certified copy of the resolution of the City Council of Rosemount appointing the Trustee or successor Trustee. In the case of Class II Trustees, the writing shall be signed by an executive officer.of the Donor and appoint the Trustee or successor Trustee. Trustees shall assume office immediately upon their appointment, unless the notice of appointment provides otherwise. Every successor Trustee shall have the same powers and duties as those conferred upon the Trustees named -in this Trust Agreement. 8. Bond and Compensation. No Trustee shall be required to furnish any bond or surety. Each Trustee shall serve without compensation for services, but all expenses of this trust or of any Trustee shall be paid by the Trustees from the trust fund. 9. Accountin2 b Trustees. The Trustees shall render accounts o?their transactions to the Donor and the City of Rosemount at least annually, and the Donor and the City of Rosemount shall approve such accounts by an instrument in writing delivered to the Trustees. In the absence of the filing in writing with the Trustees by the Donor or the City of Rosemount of exceptions or objections to any such account within sixty (60) days, the Donor and the City of Rosemount shall be deemed to have approved such account; and in such case or upon the written approval of the Donor and the City of Rosemount of any such account, the Trustees shall be released with respect to all matters and things set forth in such account as though such account had been settled by the decree of a court of competent jurisdiction. In the event either the Donor or the City of Rosemount do not approve such account, both the Donor and the City of Rosemount shall have such rights as are granted by law to the beneficiaries and trustees of the trust to require an accounting. No persons other than the Donor and the City of Rosemount may ' require an accounting or bring any action against the Trustees with respect to this trust. The Trustees may at any time initiate legal action or proceedings for the settlement of their accounts -6- and, except as otherwise required by law, the only necessary parties defendant to such action or proceeding shall be the Donor and the City of Rosemount. 1.0. Liabilityof Trustees.be a for loss in invesents maces n good faith. NoaTrusteenshallble be liable for the acts or omissions of any other Trustee, or of any accountant, agent,'counsel or custodian selected with reasonable care. Each Trustee shall be fully protected in acting upon any instrument, certificate or paper, believed by him to be genuine and to be signed or presented by the proper person or pesons, and no Trustee shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statements. 11. Amendment. This Trust Agreement may be amended or modified from time to time by the unanimous consent of the Trustees, together with the approval of the City of Rosemount and the Donor, whenever necessary or advisable for the more convenient or efficient administration of this trust or to enable the Trustees to carry out the purpose of this trust more effectively, but no such amendment or modification shall alter the intention of the Donor that this trust be operated exclusively for the purposes set forth in Section 1 hereof, and in a manner which shall make this trust tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code of 1986 and other applicable legislation and regulations as they now exist or as they may be amended. Every amendment or modification of this agreement shall be made in writing, and shall be signed by the City of Rosemount, by two (2) officers of the Donor pursuant to authority of its Hoard of Directors, and by all Trustees, and shall be delivered to each of the Trustees then in office. 12. Irrevoc ability and Termination. This trust shall be irrevocable, but may be term hated at any time by unanimous action of the Trustees, with the approval of the City of Rosemount and the Donor. Upon any such termination, the Trustees shall promptly distribute the entire trust fund to qualified recipients under the terms of this trust. 13. Situs. This agreement is executed and delivered in the State of Minnesota, the situs of the trust shall be in the State of Minnesota, and all terms and provisions of this trust shall be governed by the laws of the State of Minnesota. 14. Acceptance of Trust. The Trustees accept this trust, and hold, manage an a mi'n ister the trust fund in accordance with the terms of this agreement. �7- IN WITNESS WHEREOF, this agreement has been executed in Rosemount, Minnesota, by the Donor and each of the named Trustees. Attest: USPCI, INC. By: By: Its: Secretary Itss President USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND Trustee Trustee T `s e Trustee TrUi e STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) on this . day of , 1989, before me, a Notary Public, wi�-in and for said County, personally appeared ....._....._ and .r.__ ._w_._......._..._.._r tEF Pres dent and Secretary, respectively,yo U. ,.SPCI.,..., INC., to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same on behalf of the corporation. Notary Public QZ STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) On this day of . ., 1989, before me, a Notary Public, wit in and for said County# personally appeared Trustee for the USPCI, INC. ROSEMOUNT OMC MMUNITY TRUS FUND o me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. Notary ROM STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) On this day of , 1989, before me, a Notary Public wi"t in and for"said County, personally appeared ...,..___...______�___„ , Trustee for the USPCI, INC. ROSEMOUNT COMMUNITY TRUST .FUND, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. Rdtary-PuSlic STATE OF MINNESOTA) )GS. COUNTY OF DAKOTA ) On this�� day ofY, 1989, before me, a Notary Public, wit`, in and for sai County, Personally appeared Zit MMU IN TY TRU T FURD, to meTknownetoobethe thevSPCIpersoniNCnamedOinMand T who executed the foregoing instrument and acknowledged that he executed the same on behalf of the -trust fund. P5tary PubM -9- STATE OF MINNESOTA) COUNTY OF DAKOTA ) On this�� day of w„_,.r____„-,, 1989, before me, a Notary Public, within and for said County, personally appeared �_._- . ;. --- , Trustee for the USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. Notary Pubr'ic t STATE OF MINNESOTA) )88• COUNTY OF DAKOTA ) On this day of��+, 1989, before me, a Notary Public, within and for sa d County, personally appeared , Trustee for the USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. ' 100689 Notary -" `Pub`l Lc -10- BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA DATE -December -17, 1991 RESOLUTION N0, 91-994 Motion by Commissioner Maher Seconded by Commissioner Loedi.na• WHEREAS, United states Pollution control, Inc. (USPCI), has submitted to the Public Health Department a license application for a proposed industrial waste disposal facility as required by County ordinance No. 110, Solid Waste Management; and WHEREAS, staff have reviewed this license application` and find it to be acceptable with the inclusion of the conditions specified below. NOW,THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby issues a license for an industrial waste disposal facility classified as a Type A special waste facility (.greater than 20,000 tons per year), to United States Pollution Control, Inc.,.for the Minnesota Industrial containment Facility (MICF), effective through `December 31, 1992, subject to compliance with all applicable federal, state and local standards and rules, and subject to the conditions specified below: Wastes cceptance Plan Con -di -ti -ons The MIC? must obtain and keep on file reports of all waste analyses that are performed on any waste streams accepted for disposal. Any waste streams with a concentration of 10 percent or greater of the organic compounds listed in Minnesota Hazardous waste Rules, Chapter 7095.0135, subpart 2, A. through E., are not acceptable for disposal. All incoming waste loads must be checked at the gate or scale area for radioactivity. Any waste which exhibits more than 0.2 mxems per hour or 1,000 counts per minute must be held for inspection and review by the Department. State of Minnesota County of Dakota I. Joan L. Kendall. Clerk tc the Hoard of the County of Dakota, State of Riinnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Dakota County, Minnesota, at their session held on the 17th day of DecfrinZ; er 19 91, now on file in the County Administration Department• and have found the same to be a true and correct copy thereof. Witness my hand and official scai of Dakota County this day 0f--, y YES NO Harvie X Harris Maher X Maher Chapdolaiue X Chapdelaine Loeding X Looding Turner X 'lamer State of Minnesota County of Dakota I. Joan L. Kendall. Clerk tc the Hoard of the County of Dakota, State of Riinnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Dakota County, Minnesota, at their session held on the 17th day of DecfrinZ; er 19 91, now on file in the County Administration Department• and have found the same to be a true and correct copy thereof. Witness my hand and official scai of Dakota County this day 0f--, y L11.10Z. ,q` i s 20 DAK'OTH COON" i -WESTERN SERV. CTP,. 003 Department approval is required before the MZCF may utilize waste as cover material or for surfaces of ramps and roadways within a cell. Approval will be based !on physical and chemical characteristics as well as general suitability of the waste. The monthly operating report shall include the following additional information: (1) a description of the wastes accepted and (2) the addresses of the generators. The leachate monitoring report will also include an annual assessment of the leachate production expected in the new cells based on the actual data collected from an active cell. Before MICF's initial acceptance of waste, USPCI shall implement a financial assurance plan covering closure and postclosure care that has been approved by thelCounty Board. Additjonal Conditions Prior to the construction of cells 6.10, the portion of the facility now zoned agricultural, must be rezoned as a Waste Management District by the City of Rosemount. The County license is contingent upon USPCI obtaining an industrial Solid Waste Land Disposal Permit from the Minnesota Pollution Control Agency (MPCA) and an Interim Use Permit from the City of Rosemount. USPCI is required to pay the license application fee of $34,068.00, which includes Sol hour's of staff time at $68.00 per hour, and a license fee of $4,890.00.1for operation in 1992 as specified in county Board Resolutions Numbers 90-860, November 20, 1990, and 91-789, November 19, 1991,.respeotively. and BE IT FURTHER RESOLVED, That 14SPCI be granted a variance from Ordinance No. 110, Section III., subsections 1., D. and E., to allow siting this facility within 1,000 Peet of residential dwellings and public roadways. Em 74 1. AM OPERATION OF AN nCUSUUAL SOLID MM LAW DISPOSAL FACIL= NO. SW -383 In accordance with Minn. Stat. c 115, 115A, and 1161 and Minn. Rules chs. 7000, 7001, and 7035, the Minnesota to Pollution Control ABY (MPC'.A) ter by issues this permit to: USPCI, Inc One rce Green, Suite 500 515 wes�tGreens Road Houston, Texas 77067 to construct and operate an industrial solid waste land disposal facility named: Minnesota Industrial Containment Facility courthox: se Boulevard. Rosemount, Minnesota 55068 This permit authorizes USPCI, I . (Permittee) to construct and operate the Minnesota Industrial Containment Facility (Facility) under the conditions set forth in this permit. The de tion to issue this perait is discretionary with the MPGA and was made subsequent to MPGA staff review of the permit application. A. Location. The Facility authorized by this permit will be located within a 236 acre parcel of lard in Sections 19,. 20 and 29, Township 115 North, Range 18 West, city of Rosemount, to road ways, the Facility Dakota County, Minnesota. With reference will be located between Highways 55 and 52 north of County Road 38. Facility access will be off Highway 55. B. Facility Description. This Facility is designed and permitted for the The over-all design disposal of only nonhazardous industrial solid waste. of the waste containment area consists of ten nearly identical containment cells, over an area of app ximately sixty acres, with an anticipated operating life of 30 years. i Each cell will cover slightly less than six acres, have a capacity of a -proximately 252,000 cubic yards and a design This authorizes the construction life of approximately three of cells 1, 2 and 3 only. years. permit construction of any additional cells will only be authorized through an expansion of the Facility. The cells are operated as individual units, each having its own liner and leachate collection systems. The liner system `11 consist of a primary 80 mil HDPE barrier underlaid by a geosynthetic barrier of a 60 drainage net, over a composite secondary mil HDPE barrier underlaid by two feet of consisting compacted clay on the bottom of the cell and a manufactured bentonite clay material on the sidewalls. Above the primary liner leachate drains to the sump through a two foot'ck protective/drainage layer. On the bottom of the cell a synthetic drainage net is also used to aid drainage. Both the primary and secondary liner systems provide leachate collection and pump out capability. Leachate collected at the facility will be stored in a -2 - system of three 250,000 gallon above ground steel tanks with concrete construction secondary containment. Leachate treatment will consist of discharge to the Rosemount and/or Metro wastewater treatment facilities owned and operated by the Metropolitan Waste Control Ca mussion (MWOC). A a sewer line will be constructed to the RoseYaunt treatment facility for the disposal of leachate, office and plant site wastewater. When leachate disposal at the Metro facility is required, it will be done via tank trucks and private haulers. In addition to waste cell construction other site construction will include storm water management structures, roads, security fencing, landscaping, truck scale, office building, container management building and an open storage area. C. Facility Construction. This permit authorizes the construction of the facility in accordance with plans, specifications, reports and appendices contained in the permit application; Volume III dated January 1991; Volumes I, IV, and V dated July 1991; and Volume II dated November 1991. With regard to waste containment cell construction, this permit only authorizes construction of cells 1, 2, and 3 which allows for an anticipated operating life of approximately nine years. The approved plans are incorporated into this permit. In all cases where the permit and a submittal differ, the requirements of the permit shall govern over a condition in a submittal. The approval by the MPCA of the plans and specifications shall not be construed to release the permittee from any present or subsequent requirements of statute, rule, regulation or ordinance. D. Alterations and Additions. The permittee shall not make any alteration or addition to the facility that would materially alter the method or effect of disposal without first obtaining the written permission of the Commissioner. E. Liner Protection. All natural clay placed as part of a liner system shall be covered with six feet of material by December 31 of each year in order to provide protection from frost. An alternate system of equal effectiveness may be used following review and approval by the Commissioner. F. Gas Control. If organic or other waste is disposed of in a cell which may cause the production of gas, gas control measures shall be provided as may be necessary to prevent damage to the final cover and achieve compliance with applicable MPCA rules and regulations. Plans and specifications for such control measures shall be submitted to the Commissioner for review and approval at least ninety (90) days prior to the start of construction of the final cover. G. MPGA Construction Inspection. The permittee shall notify the Commissioner at least ten working days in advance of the placement of final cover, the construction of a waste containment cell or well construction in order to determine the appropriateness of con�lucti na site insf----tions during construction. H. Construction Certification. The perndttee shall notify the Commissioner upon completion of construction of a waste containment cell, final cover, run-off controls or leachate disposal systems. Within thirty (30) days of construction completion, the permittee must submit a construction certification for approval by the Commissioner in accordance with Minn. Rules pt. 7035.2610. -3 - The certification, signed by a professional engineer registered in the state of Minnesota, shall certify with any exceptions listed that the construction has been completed in accordance with the approved plans and specifications and this permit. The facility shall not be placed into operation until the first waste containment cell and all waste management and leachate collection and disposal systems have been completed, and the construction certification has been approved by the Commissioner. No waste may be placed in any cell until the construction certification for that cell has been approved by the commissioner. I. Permittee Construction Inspection. Full time construction inspection shall be provided during construction of all facilities associated with waste management and the collection, storage and disposal of leachate. Those responsible for construction inspection shall be independent of the permittee and the construction contractor, and shall be fully qualified to detezmine compliance with the approved plans and specifications and subsequent change orders. J. Leachate Storage Area. After one year of leachate collection, storage and monitoring the permittee shall assess whether the leachate has chemical characteristics that would cause damage to the concrete secondary containment area. Should the potential for damage to the concrete exist, the pennittee shall propose a method and schedule for correction to the Commissioner for review and approval.. K. Intermittent, Intermediate and Final Cover. 1. Intermittent Cover - The owner or operator shall place intermittent cover at least weekly or more frequently as may be needed. Intermittent cover shall be at least six inches of inert soil material or other materials including various types of waste as may be approved by the Commissioner. Approval of other materials may be granted if the pernittee demonstrates that the material controls disease vectors, fires, odors, blowing litter and fugitive dust without presenting a threat to human health and the environment. 2. Intermediate Cover - The owner or operator shall place intermediate cover on fill areas where no additional waste will be placed within 30 days. Intermediate cover shall be at least 12 inches of compacted sail or other material approved by the Commissioner. 3. Final Cover - Within 30 days of reaching final waste elevations in a containment cell the owner or operator shall begin placing final cover in accordance with the approved plans. The 30 day period may be extended: a) as may be required to insure that final cover placement can be started and finished without interference from freezing conditions; and b) for up to four months tv all, --w for settling provided that 24 inches of graded -1d cclivactee1. cover material has been placed over the waste. The top It inches must be inert soil. An extension for settling will not be granted if it will result in delaying final cover placement until a subsequent corWtruction season. -4- L. Liner Protective Layer. The two foot protective layer over the 80 mil HDPE liner on the base and side slopes of the cell shall be a material having a hydraulic conductivity of not less than 1 X 10=4 cm/sec. Part II OPERATING CO[�IDITIONS A. The permittee shall at all times operate and manage the facility in accordance with the permit application submitted as follows: Volume III dated January 1991; Volume I, IV and V dated July 1991; and Volume II dated November 1991 and as modified by further submissions on June 28, 1991, and 4 November 13, 1991. The permit application includes waste acceptance procedures for approval by the Commissioner. In addition, the permittee shall operate the facility and report to the Commissioner in accordance; with the following Minnesota Pollution Control Agency Solid Waste Management Rules: Pt. 7035.2535 General Solid Waste Management Facility Requirements Subpart 1. Unacceptable wastes, except for item F Subpart 3. Security Subpart 4. General inspection requirements Subpart 5. Industrial solid waste management 7035.2545 Personnel Training 7035.2575 Operating Record 7035.2585 Annual Report, except for item E 7035.2595 Emergency Preparedness and Prevention 7035.2605 Emergency Procedures B. A Type III certified operator must be present at the facility during operating hours as required by Minn. Rules Pts. 7048.0100 to 7048.1300. All facility personnel shall be trained regarding proper procedures relevant to their positions including Contingency Action Plan implementation and how to deal effectively with problems at the site. The permittee shall provide instruction to all facility personnel regarding safety procedures and health risks. A copy of the Contingency Action Plan shall be available at the facility at all times for use by the operator and facility personnel. C. Whenever possible, all waste must be spread and ccmpacted in lifts two feet or less in depth. Bulky objects which are larger than two feet in thickness must be disposed of in a manner such that adequate compaction of the fill is achieved. D. The leachate collection system piping must be cleaned annually. E. Dust Control. The waste containment cells shall be managed such that waste does not become airborne and leave the cell. Leachate may be used as a dust supressent provided that it's chemical constituents do not exceed ten times the drinking water standards as published by the Minnesota Health Department and that it have a pH in the range of 5.0 to 10.0. F. As long as the permittee relies on the MKC for treatment of their leachate, the permittee shall have a permit from the MCC for such discharges, and the permittee shall be in substantial compliance with that -S - permit. The permittee shall submit to the Commissioner a copy of effluent data and compliance reports required by the HiCC. When substantial compliance has not been achieved, the Commissioner may require the permittee to prepare a report addressing what additional measures wi-11 be taken to provide adequate leachate treatment. The issuance of this permit is conditioned upon the permittee being able to provide adequate leachate treatment and/or disposal during the operational and 20 year postclosure period for the facility. G. The height of free standing liquid over the liner in the containment cells shall not exceed one foot, except for short periods immediately following large rainfall events. To insure compliance with this requirement, leachate in the containment cells shall be pumped out on a daily basis, or at least every other day during periods when the facility is temporarily closed. As an alternative, the permittee nay install a level sensing device which would indicate when pumping would be required to comply with this requirement. H. All records regarding the evaluation, acceptance, management and inspection of wastes accepted for disposal shall be maintained on site and made available for MPCA inspection during normal hours of operation. I. The permitte shall keep a specific log of those wastes that have been rejected at the gate so that the NPCA can contact the hauler/generator to assure proper disposal. The MPGA shall be notified by the end of the next working day of any shipment arriving at the gate of waste known to be hazardous waste. J. Metropolitan Council (Council) Reporting Requirements. 1. The permittee shall submit an annual report to the Council regarding the quantities and types of waste components received at the facility. This report shall include the following: a. A breakdown of the quantities and types of waste components accepted or rejected for disposal or denied access to the facility; b. A breakdown by general category (minimum two digit.SIC Codes) of the types of industries sending wastes to the facility C. A breakdown of the county of origin of the waste materials and identifying metro and non metro wastes and Minnesota and non Minnesota wastes; d. A description of the capacity and disposal cell(s) utilized during the time period covered by each annual report, and an estimate of the remaining capacity of the facility. The permittee in consultation with the Council staff shall develop a format to be followed for submittal of the annual report. A copy of the annual report shall be submitted to Dakota County. 2. Hazardous wastes and MSw materials directed by a county to a designated facility and recyclables exempt from designation as defined under state law shall be prohibited from disposal at the facility. Prior to commencing facility operations, the permittee shall develop, in consultation with Council staff, a Notification and Transfer Plan for approval by the Council. The Council shall periodically provide the permittee a list of waste management facilities that accept these waste materials. The pen ittee shall provide the individual delivering the prohibited waste the list of waste management facilities that accept these materials. The permittee shall submit a semiannual report to the Council in a format developed in consultation with council staff, on the quantities, types and dates of occurrences that such materials are delivered to the facility, and a description of the course of action taken by the facility operator. This report shall also be submitted to Dakota County to incorporate in its semiannual certification report to the Council. 3. Within 365 days after operations begin the penmmittee shall submit a report for approval to the Council regarding the feasibility of on-site separation of the recyclable and reusable components that may be contained in the industrial waste materials accepted for disposal at the facility. 4. The permittee shall allow the Council or its representatives to enter the facility for purposes of evaluating the facility's incoming waste volumes and characteristics that may be necessary to complete regional _waste quantity and characterization reports. The Council will provide reasonable notice of such occurrences. A. Ground Water Monitoring. Three lists of parameters will be analyzed by the permittee to comply with ground water performance standards. The lists include the Detection List, the Limited Research List, and the Research List. Both the Detection List and the Limited Research List are subsets of the Research List. The detection limits specified in Part III.A.3. apply to all lists. The titles of the lists were chosen to be consistent with the permit application. Compliance will be determined by comparing results between the shallow upgradient and downgradient wells using the Detection List and Limited Research List. Monitoring in the deeper portion of the aquifer is being completed by the permittee to track: upgradient sources of contamination by applying the Research List cnily to the upgradient wells. 1. Monitoring Parameters Detection List. The following parameters shall be analyzed and repoz-ted according to the schedule and requirements in Part III.A.4. and hereafter are referred to as Detection Parameters. -7 - DETECTION MONITORING PARAMETERS (1) Metals (Dissolved) Aluminum Arsenic Barium Calcium Cadmium Chromium Iron Lead Magnesium Manganese Mercury Nickel Potassium Sodium Selenium Zinc Indicator Parameters Total Alkalinity as Calcium Carbonate Ammonia - Nesslers Appearance Specific Conductance (3) Chloride PH (2) Sulfate Temperature Total Dissolved Solids Total Suspended Solids Water Elevation (4) (1) Any substance from the Research List Parameters consistently detected in the leachate collected in the cell at 1,000 times the intervention limits will be added to the list of detection monitoring parameters. (2) Two measurements: one in the field and one in the laboratory. (3) As measured in the field. (4) As measured in the field before pumping or bailing to the nearest 0.01 feet. 2. Monitoring Parameters - Limited Research List. The following parameters shall be analyzed and reported according to the schedule and requirements in Part III.A.4. and hereafter are referred to as limited research list parameters. (1) Table 1: Alkalinity, total as calcium carbonate Ammonia Nitrogen; Arsenic, dissolved; cadmium, dissolved; Calcium, dissolved; Chloride; Chrcarium, total dissolved; Copper, dissolved Dissolved Solids, total; Iron, dissolved; Lead, dissolved; Magnesium, dissolved; Manganese, dissolved; Mercury, dissolved; Nitrate, as N; Nitrite, as N; Potassium, dissolved; Sodium, dissolved; Sulfate; Suspended Solids, total; Zinc, dissolved; and Cation -anion balance. (2) Table 2: Appearance (b); pH (a); specific conductance (a); Temperature; Water elevation (c); and volatile Organic chemicals, halogenated and nonhalogenated (d): Halogenated: Allyl chloride Brcmodichlorcmthane Brcnoform Carbon Tetrachloride Chlorobenzene (monochlorobenzene) Chloroethane Chloroform Chlorcmethane 1, 2 -Dichlorobenzene 1,3 -Dichlorobenzene 1,4 -Dichlorobenzene Dichlorodifluoromethane 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene Cis-1,2-Dichloroethylene Trans-1,2-Dichloroethylene Dichlorof luorramethane Dichloreanethane (methylene chloride) 1,2 Dichloropropane 1,1,2,2 -Tetrachloroethane Tetrachloroethylene 1,1,1 -Trichloroethane 1,1,2 -Trichloroethane Trichloroethylene Trichlorofluoramethane 1,1,2-Trichlorotrifluoroethane Vinyl Chloride Nonhalogenated: Acetone Benzene Cumene Ethylbenzene -10 - Ethyl Ether Methyl Ethyl Ketone Methyl isobutyl ketone Tetrahydrofuran Toluene Total xylenes (a) Two measurements: in field, immediately after obtaining sample, and in laboratory. (b) Visual observation, in field and laboratory, noting conditions such as the following, if present: color, cloudiness, floating fills, other liquid or gas phases, odor. (c) As measured in field before pumping or bailing. (d) Purge and trap method. 3. Monitoring Parameters - Research List. The following parameters shall be analyzed and reported according to the schedule and requirements in Part III.A.4 and hereafter are referred to as research parameters. RESEARCH MONITORING PARAMETERS Detection ANALYTES Limits Toluene 5 UG/L 1,1,1 -Trichloroethane 5 UG/L 1,1,2 -Trichloroethane 1.5 UG/L Trichloroethene 5 UG/L Trichlorofluoromethane 5 W/L 1, 2, 3-Trichloropropane 5 UG/L Vinyl Acetate 5 UG/L Vinyl Chloride 0.1 to/L Total Xylenes 5 UG/L Cyclohexane 5 UG/L Acenaphthene 10 UG/L Acenaphthalene 10 UG/L Acetophenone 10 UG/L 2 -Acetylaminofluorene 10 UG/L 4 Ami.nobiphenyl 10 UG/L Aniline . 10 UG/L Anthracene 10 UG/L Aramite 10 UG/L Benzo(A)anthracene 10 UG/L Benzo (B) fluoranthene 10 UG/L Benzo(K)fluoranthene 10 UG/L Benzo(GHI)perylene 10 UG/L Benzo(A)pyrene 10 UG/L Benzyl Alcohol 20 UG/L Bis(2-Chloroethoxy)methane 10 UG/L Bis(2-Chloroethyl)ether 10 UG/L Bis (2-Chloro--mthylethyl)ether 10 UG/L 4-Brephenyl Phenyl Ether 10 UG/L Butyl Benzyl Phthalate 10 UG/L -11 - RESEARCH PINITOP.= PARAMETERS Detection ANALYTES Limits P-Chloroaniline 20 UG/L Chlorobenzilate 10 M/L P -Chloro M -Cresol 20 UG/L 2-Chloronaphthalene 10 UG/L 2 -Chlorophenol 10 UG/I, 4-Chlorophenyl Phenyl Ether 10 UG/L Chrysene 10 UG/L M -Cresol 10 UG/L O -Cresol 10 UG/L P -Cresol 10 UG/L Acetone 100 UG/L Acetonitrile 100 UG/L Acrolein 5 UG/L Acrylonitrile * UG/L Allyl Chloride 7.35 UG/L Benzene 3 'UG/L Brcaodichloromethane 5 UG/L Brc mofonn 5 UG/L Carbon Disulfide 5 UG/L Carbon Tetrachloride 0.67 UG/L Chlorobenzene 5 UG/L Chloroethane 10 UG/L Chloroform 1.3 UG/L Chloroprene 5 UG/L Dibrcmochlorcernethane 5 UG/L 1,2-Dibr m-3-Chloropropane 5 UG/L 1,2-Dibramoethane 0.1 UG/L Trans-1,4-Dichloro-2-Butene 5 UG/L Dichlorodifluoramthane 5 UG/L 1,1-Dichloroethane 5 UG/L 1,2-Dichloroethane 0.95 UG/L 1,1-Dichloroethene 1.8 UG/L Trans-1,2-Dichloroethene 5 UG/L 1, 2-Dichloropropane 1.5 UG/L Cis-1,3-Dichloropropene 5 UG/L Trans-1,3-Dichloropropene 5 UG/L 1,4 -Dioxane 150 UG/L Ethylbenzene 5 UG/L Ethyl Methacrylate 5 UG/L 2-Hexanone 50 UG/L Isobutyl Alcohol 50 UG/L Methacrylontrile 5 UG/L Brcacinethane 10 UG/L Chloromethane 10 UG/L Dibrancmethane 5 UG/L Dichloromethane 5 UG/L * TO Be Detennined At A Later Date -12 - RESEARCH MONITORING PARAMETERS Detection ANALYTES Limits Methyl Ethyl Ketone 43 UG/L Iodomethane 5 W/L Methyl Methacrylate 5 LTG/L Methyl Isobutyl Ketone 50 UG/L Propionitrile 5 W/L Styrene 5 UG/L 1,1,1,2 -Tetrachloroethane 5 UG/L 1,1,2,2 -Tetrachloroethane 0.44 LJG/L Tetrachloroethene 1.7 UG/L Diallate 10 UG/L Dibenz (A, H) anthrancene 10 UG/L Dibenzofuran 10 UG/L Di -N -Butyl Phthalate 10 UG/L O -Dichlorobenzene 10 LG/L M -Dichlorobenzene 10 LJG/L P -Dichlorobenzene 10 UG/L 3,31-Dichlorobenzidine 20 UG/L 2,6-Dichlorophenol 10 LTG/L Dimethoate 10 UG/L P- (Dimethylamino) azobenzene 10 UG/L 7,12-Dimethylbenz(A)anthracene 10 UG/L 3,3'-Dimethylbenzidine 10 LG/L A,A'-Dimethylphenethylamine 10 UG/L 2,4 -Dimethylphenol 10 UG/L Dimethyl Phthalate 10 UG/L M-Dinitrobenzene 10 UG/L 4,6-Dinitro-O-Cresol 50 UG/L- 2,4-Dinitrophenol 50 UG/L 2,4-Dintrotoluene 10 UG/L 2,6 Dinitrotoluene 10 UG/L 2-Sec-Butyl-4,6-Di.nitrophenol 10 W/L Di-N-Ortyl Phthalate 10 Lr -,/L Diphenylamine 10UG/L Disulfoton 10 UG/L Ethyl Methanesulfonate 10 UG/L Farrphur 10 UG/L Fluoranthene 10 UG/L Fluorene 10 UG/L Hexachlorobenzene 10 UG/L Hexachlorobutadi.ene 10 UG/L Hexachiorocyclopentadiene 10 UG/L Hexachloroethane 10 UG/L -13 - RESEARCH MWITO ING PARAME'T'ERS Detection ANALY'Z'ES Limits Hexachlorophene Flacachloropropene Ideno(1,2,3-M).pyrene Isophorone Isosafrole Methapyrilene 3-Methylcholanthrene Methyl Methanesulfonate 2 -Methylnaphthalene Methyl Parathion Naphthalene 1, 4-Naphthoquunone 1 -Naphthylamine 2 -Naphthylamine 0-Nitroaniline M-Nitroaniline P-Nitroaniline Nitrobenzene 0-Nitrophenol P-Nitrophenol 4-Nitroquinoline-1-oxide N-Nitrosodi-N-Butylamine N-Nitrosodiethylami.ne N-Nitrosodimethylami.ne N-Nitrosodiphenylamine N-Nitrosodipropylamine N-Nitroscmethylethylamine N-Nitroscmorpholine N-Nitrosopiperidine N-Nitrosopy=lid ne 5-Nitro-7bluidine Parathion Total PCB's Pentachlorobenzene Pentachloroethane Pentachloronitrobenzene Pentachlorophenol Phenacetin Phenanthrene Phenol P-Phenylenedi.amine Phorate 2-Picoline 10 M/L 10 M/L 10 UG/L 10 iG/L lO M/L 10 UG/L 10 UG/L 10 UG/L 10 UG/L 10 M/L 10 UG/L 10 M/L 10 M/L 10 UG/L 50 UG/L 50 UG/L 50 UG/L 10 UG/L 10 UG/L 50 UG/L 10 UG/L 10 M/L 10 UG/L 10 UG/L 10 UG/L 10 M/L 10 UG/L 10 UG/L lO UG/L 10 UG/L 10 UG/L 10 UG/L 0.2 UG/L 10 UG/L 10 M/L 10 LG/L 50 UG/L lO UG/L 10 UG/L 1OUG/L 10 UG/L 10 UG/L 10 UG/L -14 - Detection ANALYTES Limits Pronamide 10 UG/L Pyrene 10 LlG/L Pyridine 10 W/L Safrole 10 UG/L 1,2,4,5-Tetrachlorobenzene 10 UG/L 2,3,4,6-Tetrachlorophenol 10 UG/L Tetraethyl Dithiopyrophosphate 10 UG/L 0 -Toluidine 10 UG/L 1,2,4-Trichlorobenzene 10 LG/L 2,4,6 Trichlorophenol. 10 UG/L 0,0,0-Triethyl Phosphorothioate 10 L)G/L 1,3,5-Trinitrobenzene 10 UG/L DISSOLVED 1 LMM: Arsenic 0.002 M/L Cadmium 0.002 M/L calcium 0.02 M/L Chr avium 0.01 M/L ._. copper 0.01 MG/L Iron 0.01 M/L Lead 0.002 M/L Magnesium 0.02 MG/L Manganese 0.01 M/L Mercury 0.0005 INS/L Potassium 1.0 M/L Sodium 0.1 IG/L Zinc 0.01 MG/L Aluminum 0.06 M/L Barium 0.01 M/L Beryllium 0.01 M/L Molybdenum 0.1 M/L Nickel 0.01 MG/L Selenium 0.005 MG/L silver 0.01 IG/L Aldrin 0.1 LUG/L Alpha -BHC 0.1 UG/l -15 - RESEARCH MWIT(3RING PARAMETERS Detection ANALYTES Limits Beta -BHC 0.1 UG/L Delta -BHC 0.1 UG/L Gatmtia-BIS 0.1 UG/L Chlordane 1.0 UG/L 4,4' -DDD 0.1 UG/L 4,4' -DDE 0.1 UG/L 4,4' -DDT 0.1 UG/L Dieldrin 0.1 UG/L Endosulfan I 0.1 UG/L Endosulfan II 0.1 UG/L Endosulfan Sulfate 0.1 UG/L Endrin 0.1 UG/L Endrin Aldehyde 0.1 UG/L Heptachlor 0.1 UG/L Heptachlor Epoxide 0.1 UG/L Isodrin 0.1 UG/L Kepone 0.1 UG/L Methoxychlor 1.0 UG/L Toxaphene 1.0 UG/L 2,4-D 0.5 UG/L 2,4,5-T 0.1 UG/L 2,4,5 -TP (Silvex)- 0.1 UG/L Total Alkalinity 2.0 MG/L Carbonate Alkalinity 2.0 M/L Bicarbonate Alkalinity 2.0 M/L Atmionia-Nesslers 0.1 M/L Fluoride 1.0 M/L Chloride 1.0 M/L Nitrite, as N 1.0 MG/L Nitrate, as N 1.0 M/L Sulfate 1.0 MG/L Specific Conductance NA Cyanide (T) 0.005 MG/L PH NA Total Dissolved Solids 10 M/L Total Suspended Solids 5 M/L Tpinperature NA -16- 4. Monitoring Schedules. Sampling for the Detection List (Part III.A.1), the Limited Research List (Part III.A.2), and the Research List (Part III.A.3) Parameters shall be conducted during the following time periods. Spring Autumn Sampling March 14- October 21 Period April 21 November 21 Sampling List (USWW) III.A.3 III.A.2 (UPdCW) III.A.3. III.A.1 (CW) III.A.1 III.A.1 (DSWW) III.A.3 III.A.2 (DDNMPq) III.A.3 III.A.1 Reporting June 30 February 1 Deadline Note: USWW= Upgradient Shallow water Table Wells, UPdCw=Upgradent Prairie du Chien wells, CW=Cell wells, DSWW= Downgradient Shallow water Table wells, and DDNMw=Downgradient Deep Nested Monitoring wells 5. Until such time that new monitoring wells are approved by the commissioner, the following monitoring wells must be sampled for the parameters and schedule in Parts III.A.1.,2.,3; and 4: USWW: U-1, U -5S, U -7S, U -2S, U -4S, and U-3 UPdCW U -5D, U -6D, U -7D, U -2D, U -4D CW: The cell wells will be monitored during the duration of active disposal and for a period of time after the cell is closed DSWW: MSCI -SS, DW -1, Mw -6S, Mw -7S, DGW.3 DDNMW: MK -5D, P -3D, Mil -6D, MW -7D, P -4D 6. Field Monitoring Protocol and Quality Assurance/Quality Control (QA/QC) Plan. The permittee has previously submitted a Field Monitoring Protocol and QA/QC Plan. This document is found in Volume III, Appendix F of the Permit Application and becomes an enforceable part of the permit. within 90 days from the date of permit issuance, the permittee shall siij-mii t to the Commissioner updates of Appendix F. Titi.s uV-Aate shall i1cl.ude the information required under Part III.A.6.a and Part III.A.6.b. respectively. a. At a minimum, the update must include the following: 1. monitoring point locations and elevations, and the order in which monitoring points are to be sampled; -17- 2. procedures for sampling leachate; 3. procedures, measuremez,ts, and observations to be recorded as required under Part III.F.1; b. Quality Assurance/Ouality Control Plan (OA/QC) Plan. The Permittee shall also submit the following additional QA/QC information to the Commissioner within 90 days of permit issuance and prior to sampling. The QA/QC Plan must contain the analytical and quality assurance procedures that will be followed for all samples originating from the Facility. The QA/QC Plan must include written procedures covering the following areas in addition to what is found in Appendix F of Volume III of the Permit Application. 1. methods used to identify and prevent contamination of samples in the laboratory and during transport; 2. sample retention times after analyses are completed; 3. inspection, testing, and preventive maintenance programs for all laboratory equipment; 4 procedures for documentation and retention of quality control results; 5. continuing education requirements for analytical personnel; and C. Baseline Sampling. The permittee must have completed baseline sampling on all monitoring wells prior to beginning disposal operations for the parameters listed in in Part III.A.3. These sampling events will be used for the purpose of determining existing ground water quality and for establishing a baseline of water quality for future data comparisons. The concentration of contaminants specified in Part. III.C.S.a may be adjusted based on baseline sampling with the Ccm issioner's approval. d. The Commissioner reserves the right to increase or decrease the frequency of sampling and/or the number of parameters to be tested in the event of an exceedance of four times the Intervention Limits (Part III.C.4). The Commissioner also reserves the right to change the number of parameters tested as specified in Part III.A.6.e. Otherwise, the Commissioner reserves the right for such changes by permit modification only. Ulm e. In addition to the constituents listed in Part III.A.2. the Carati.ssioner may require monitoring of: I. substances with standards under Minn. Rules pt. 7035.2815, subp. 4, item F, or other constituents that cant if consumed or contacted, adversely affect public health, public safety, or the environment; 2. constituents that can adversely affect the taste, odor, or appearance of water or otherwise adversely affect the public welfare; 3. major dissolved ions; 4. constituents or properties of water that may be indicators of water pollution; 5. substances that may cause analytical interference or otherwise affect water quality determinations; 6. pies related to the movement of pollutants, including hydraulic head in the saturated or unsaturated zones; 7. If a parameter is found in leachate at a concentration 1,000 times the intervention limit for 2 consecutive sampling events then the leachate should be resampled within 90 days of the 2nd event and the parameter added to Part III .A.1. if it continues to exceed the Ih by 1,000 times. f• The equipment, materials, and procedures used in well evacuation, sampling, and subsequent sample handling must minimize contamination, turbulence, water contact with air, gas exchange, depressurization, adsorption, desorption, chemical reaction, or other alteration of the composition of the water sample. g. The Coamiissioner shall require filtration of samples wherever necessary to obtain sediment -free samples representative of actual ground water conditions. Filtration must be done at the monitoring point location using in-"ne methods or other procedures that minimize the doss of dissolved constituents from solution. -19- of and QA/QC Plan must be revised h. The Field Nbnitoring protocol within 30 days to reflect any changes in the monitorings ling personnel, system, field or analytical procedures► The Field Monitoring Protocol and or analytical laboratory. QA/QC Plan must be reviewed at least annually by the permittee, sampling Personnel, and analytical laboratory and revised as needed. Revisions of the Field Monitoring Protocol and the QA/QC Plan must be submitted to the Camussioner upon written request or as specified in the t, order, or stipulation agreement. Dated facility permit, records of past protocol language nest be retained throughout the operating life of the Facility and the postclosure period. qualityanalyses must be performed using methods i. Water ableto sioner based on their performance acceptable to the Commis record, reliability, sensitivity, P • s must recision, and accuracycy. Analytical methods and quality control procedure chosen to yield accurate results -within the range of All concentration and composition of the samples analyz appropriate actions must be taken to minimize error and to y, precision, and accuracy of the ensure the reliabilit Where the limit of detection or the analytical results. than the limit of quantitation for a substance is higher concentration of concern, including .h intervention limits under Minn. Rules pt. 7035.2815,'subp• 41 item F•, the invest the feasibility of attaining Ccmui.ssioner may lower analytical limits and must require lower limits if necessary and feasible. if a substance higher rotha detected in a sample and the limit of detectiforisha gher substance, the intervention limit or standard will not be assured to have intervention limit or standard been attained or exceeded. j. Stabilization tests must be performed prior to each sampling of each monitoring well. These tests shall include wells successive pimping, and/or surging of the monitoring until continuous field measurements of the following parameters yield stabilized readings from three separate specific conductance, and temperature. For samples: pH' lig events, the Perniittee must each well on successive ramp Monitoring Report prepare and include in each water Qua]. it Y in Part III.F.1. of this permit separate tables of the stabilization test information. The Commissioner shall be notified bythe Pernnittee at least K_ _ to enable the MPGA ten (10) working days Prior to sampling to split samples with the Permittee. 7. The Permittee must conduct monitoring in accordance with the Protocol and QA/QC Plan. If changes in approved Field Monitoring ling protocol, or items for monitoring points , para ne-ters 1 sampling which the QA/QC Plan was approved are made'the Permittee shall -20 - submit an amended QA/QC Plan that describes the changes to the Commissioner for approval within 30 days of the change and prior to sampling. B. water Monitorincr System. The Permittee must design, install, and maintain a water monitoring system in compliance with Part III .B.1. to B.19. 1. A water monitoring system must be installed at the Facility and must be designed, constructed, and operated: a. to yield samples that are representative of the water quality in the portions of the ground water, surface water, or unsaturated zone the individual monitoring points are intended to sample; b. to allow ground water or surface water quality potentially affected by the Facility to be distinguished from background water quality; c. to allow early detection of the release of pollutants from the Facility; d. to allow determination of the composition, areal and vertical extent, concentration distribution, and highest concentrations of pollutants in the ground water or surface water; and e. to allow determination of whether the Facility complies with the intervention limits in Part III.C. 2. The Permittee shall demonstrate the adequacy of the water monitoring system to reliably detect pollution and to comply with the requirements of Part III.B. The numbers, types, locations, and depths of monitoring points, and the separation distances between then, must be designed based on a. an evaluation of potential sources of leachate releases, including the leachate collection system, critical or higher -risk areas of the liner, areas of greatest potential build-up of leachate on the liner, leachate tanks, and leachate treatment and holding areas; b. an evaluation of the hydrogeologic conditions at the Facility, including the variability of water quality and the projected paths and rates of migration of leachate from the potential sources identified under Part III.B.2.a. This analysis must include both water-soluble and low -solubility components of leachate; and C. a consideration of the location of any potentially impacted water supply wells, other points of water use, and surface water. -21- 3. water monitoring systems must include monitoring points situated as follows: a. Monitoring points must be installed upgradent and downgradient from the Facility, with upgradient monitoring points in each aquifer that has a downgradient monitoring point. b. All monitoring systems must be sufficient at a minimum to allow early detection of the release of leachate fram each of the potential sources identified under Part III.B.2.a. C. If pollutants originating from the Facility are detected in ground water, the Permittee shall provide additional monitoring points as necessary to delineate the polluted zone and to measure the Facility's compliance with the intervention limits of Part III.C. d. Monitoring points must be installed within aquitards, confining units, and aquifers, as needed, to meet the requirements of this subpart. e. The Commissioner shall require water quality monitoring beneath an aquifer or aquitard that is already affected by leachate unless there is little or no risk to the deeper ground water. f. Where changes in land use, water use, or other factors have altered ground water flow, the Commissioner shall require necessary changes in the monitoring system. 4. The Permittee shall provide monitoring points or instrumentation other than conventional monitoring wells if these installations are needed. The Commissioner shall require separate monitoring points whenever necessary to monitor conditions other than ground water quality, including hydraulic head, ground water or surface water flow, and leachate quality and movement in the unsaturated zone. 5. Before any monitoring point is constructed, sealed, rebuilt, or redeveloped, the Permittee must submit the design and description of the proposed actions to the Commissioner for review and approval. Approval must first be obtained from the Mi ruiesota Department of Health, as required in part 4725.1860, before constructing a monitoring well that extends into any aquifer below the aquifer nearest the ground surface. -22- 6. Monitoring wells and piezameters must be designed, constructed, maintained, and sealed in compliance with Part III.B. and with chapter 4725, Department of Health Water Well Construction Code. 7. Monitoring wells must be designed and constructed to function properly over the intended operating life of the well, to prevent vertical movement of ground water and pollutants within and along the well and drill hole, and to be pressure tight without leakage at casing joints: a. materials used in well casings, screens, and annular seals must comply with chapter 4725 and must be resistant to corrosion,' chemical attack, and other deterioration and must not be subject to penetration by pollutants; b. the casing and screen must be centered in the drill hole to ensure a continuous seal around the casing; and C. when granular filter packs are used around well screens, they must be of insoluble, nonreactive mineral composition and they must be sized, graded, and washed specifically for use in filter packs. Silica sand must be used for filter packs except where this is infeasible and the Commissioner approves other materials. 8. The Permittee shall ensure that in all phases of monitoring well construction, drilling, installation, and completion, the methods and materials used do not introduce substances that may interfere with water quality analysis: a. Drilling fluids, muds, foams, dispersants, disinfectants, other additives, and water from outside the well may be used only if approved by the Commissioner. The Commissioner may approve their use if they do not interfere with water quality analyses, or if there are no reasonable alternative methods and all feasible methods are used to remove them from the drill hole. b. Drilling tools and cables and well construction materials must be clean and free of oils, greases, and other contaminants. C. Equipment contaminated by contact with pollutants in the soil or ground water must be thoroughly cleaned before drilling to greater depths or in other locations. 9. Monitoring wells and filter packs must be designed based on the site hydrogeologic characteristics including the permeability and particle size distribution of the formation material at the screen or intake interval. -23- a. When proposing a screen or intake area longer than five feet, or ten feet if the water table intersects the screen or intake, the Permittee shall provide a written justification for the additional length. b. Monitoring wells must be designed, constructed, and developed to minimize the time needed for water levels to recover after the well is evacuated, to allow water to flow readily into the screen or intake area with low flow velocities through the screen, and to minimize the entry of soil particles into the well. 10. Monitoring wells Waist be clearly and permanently marked with a Minnesota Unique Well Number and, if different fram the unique number, the identifying well name or number used in the Facility plans, permit, and water quality data records. 11. Monitoring wells must be protected fran damage. and unauthorized access as required under part 4725.1860, subpart 5, except that a locked metal cap mist be used. Caps must be kept locked when the well is not being monitored. 12. A monitoring well mist be developed inmediately after installation and, if necessary to minimize the entry of soil particles into the well or to restore well yield, during its operating life. After development, the Permittee must analyze unfiltered water samples from the monitoring well for suspended solids, and must measure the depth of the well to verify that the well is free of accumulated sediment. The Cammissioner may require additional measures including additional development or installation of a new monitoring well, where necessary to reduce the entry of sediment into the monitoring well. 13. After development, the Permittee must conduct a stabilization test, recovery rate test, or other appropriate procedure to estimate the rate and length of time the well must be pumped and the volume of water that must be removed before each sampling to ensure that water samples are representative of actual ground water quality. 14. Accurate records must be kept of the soil or rock types encountered while installing a monitoring point. The soils logging procedures must meet the requirements for soil borings contained in Minn. Rules pt. 7035.2815, subp. 3, item F. except that the Commissioner may approve alternative procedures upon written request by the Permittee if these soil logging requirements are unnecessary or infeasible for a particular monitoring point. Where conditions during drilling result in an unanticipated change to a drilling method that does not provide the required soils information, the Permittee must notify the Commissioner and request approval of a change as soon as possible and must submit an explanation of the reason for the change with the construction and installation record required under Part III .B.16. -24- 15. within 30 days after installing or sealing a monitoring point, the permittee shall submit to the Ccatmassioner a record of the monitoring point construction or sealing. The record must state the dates when the work was done. a. For monitoring wells, the construction record must include the soils and well construction log required under Part III . B.16 . ; the Minnesota Unique well Number; a copy of any water well record submitted to the Commissioner of Health as required by part 4725.6700; logs from any geophysical testing done on the well; well development data; stabilization or recovery rate testing data; suspended solids analyses; any other measurements or testing done on the well including pumping, drawdown, yield, or flow direction tests; and a dated, signed, revised landfill plan sheet showing the surveyed location coordinates of the monitoring well to the nearest foot, (coordinates shall be in latitude and longitude or PLS). b. The well sealing record must contain the well name, surveyed location, casing diameter and material type, and a Minnesota Unique well Number; the depth of the well measured immediately before sealing the well; the type and quantity of well seal material used, and how the well seal was installed. If all this information is contained in the report required in part 4725.2700, a copy of this report will suffice. C. The accuracy and completeness of the records submitted must be verified by a water well contractor licensed under parts 4725.0500 to 4725.1800, or an engineer registered under part 4725.1850. This statement must be accompanied by the individual's name, signature, company, and license or registration number. 16. Unless the CcmRnissioner has approved alternative methods under Part III.B.15., the soils and well construction log must contain the soils information required in Minn. Rules pt. 7035.2815, subp. 3, item F. The soils and well construction logs may be combined onto one log if the required information can be clearly shown. The well construction log must include a drawing of the well in vertical cross-section, the identification and location of the well, and the following information regarding the well's construction: a. well casing material type, inside diameter, and casing schedule number, standard dimension ratio, or wall thickness; b. well screen material type, product name, and description type and direction of alignment of openings (horizontal or vertical); opening or slot width; and type of screen bottom; -25- c. the methods and materials used to join sections of casing and screen, casing to screen, and well bottom to screen; d. granular filter pack manufacturer and, if applicable, product name or number; mineral composition including carbonates or other soluble or reactive minerals; gradations; and quantity of filter pack material used; e. type of grout or other approved annular seal material, manufacturer and product name, proportions of water and solids in the grout mix, and quantity used; f. elevation of the top of each casing, surveyed to the nearest 0.01 foot; g. elevations of the ground surface, protective concrete slab, bottom of the drill hole, top and bottcm of any dedicated pump or sailing or measuring device, top and bottom of the screen or intake interval and of each different size or type of casing, each change in the diameter of the drilled hole, arra each change in filter pack, annular seal, or other backfill material, as verified by depth measurement of the top of each backfill material; h. methods of drilling and installation, including type of drilling rig; how the well, filter packs, and grout were installed; description of drilling fluids used; and - procedures for cleaning materials or equipment; and i. observations during drilling and installation, including any problems encountered and conditions that may affect the performance of the monitoring well. 17. Piezometers that will not be used to measure water quality must comply with Part III.B.5.,6,7,9,10,11,12,14,15, and 16. They must be designed and constructed to accurately measure hydraulic head in the portion of the aquifer or formation immediately surrounding the screen or intake area and to minimize the time lag between fluctuations in head outside the piezometer and the inside water level. If the time lag is too large, the Commissioner may require pressure transducers or other alternative designs to be used. 18. Sampling personnel must inspect monitoring points and markers each time the monitoring point is measured or sampled. The Permittee shall inspect monitoring points and markers at least annually. The Permittee must correct damaged or obstructed monitoring points, or other conditions that interfere with the proper functioning of the monitoring point within the time periods required for monitoring wells in part 4725.1860, subpart 5, item E. The Permittee must resurvey the elevation of the top of the casing within 30 days after any change or repair that may -26 - have altered its elevation. The Permittee must revise the well construction log, the Field Monitoring Protocol and the Facility plans to show the new elevations, previous elevations, and the date of each change in elevation and submit the revised log and plans to the Ccannissioner within 30 days after the change or repair. 19. The Permittee shall notify the Cc missioner at least ten (10) working days prior to commencement of drilling new monitoring wells or borings and prior to abandoning existing wells. A description of the abandonment procedures must be submitted by the Permittee with the notification. C. Remedial Measures. 1. Compliance Boundary. The Compliance Boundary for the Facility is shown in Figure 8-13 (volume III, Permit Application). The Permittee shall submit a large scale map (1 inch = 100 feet) showing the Compliance Boundary and all monitoring wells, observation wells and piezometers. 2. Contingency Action. If the results of the monitoring program indicate that the Facility Intervention limits specified in Part III.C.4. are being exceeded, the Permittee shall, within 5 working days of receipt of the results, resample or evaluate the need to resample if previous samples exceeded the resampling trigger limits. If the results of resampling within the limits of the ccmpliance boundary are in excess of the intervention limits specified in Part III.C.4; the Permittee must: a. notify the Commissioner in writing within 5 working days of receipt of the results; b. evaluate the source or cause of the constituents exceeding the intervention limit; and C. evaluate the need for changes in water monitoring, including sampling frequencies, constituents analyzed, and installation of additional monitoring points. Furthermore, if the results of resampling are in excess of 4 times the intervention limits, see Part III.C.4.a., the Permittee must also: d. evaluate alternative measures needed to mitigate adverse impacts of leachate from the Facility on ground water, and e. submit a detailed Remedial Measures Plan for the Commissioner's approval. The Remedial Measures Plan shall be submitted within 180 days of the determination of exceedance of the Recc miended Allowable limits and shall describe the evaluations and conclusions under Part III.C.2.b, c, and d. All alternatives discussed shall be (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) -27 - evaluated on the basis of cost, technical feasibility, environmental impact, and effectiveness. An implementation schedule of the proposed remedial measures shall be included in the plan. 3. The Commissioner reserves the right to add or modify the concentration limits specified in Part III.C.5. based on revisions to the standards or health criteria by the Minnesota Commissioner of Health. 4. a. INTERVENTION LIMITS FOR THE WATER 'TABLE AQUIFER Substance in ug/l Acrylamide 0.02 Acrylonitrile 0.15 Alachlor 1.0 Aldicarb 0.3 Aldrin 0.005 Allyl chloride 0.3 Arsenic 12.5 Asbestos 1800000 medium and long (greater than 10 microns) fibers per liter Barium Benzene Bis(2-Chloroethyl)ether Cadmium Carbon tetrachloride Chlordane Chlorobenzene (monchlorobenzene) Chloroform Chrc mi um Copper DDT Dibromochloropropane (DBCP ) 1, 2-Dibrarcethane (Ethylene Dibrcmide, EDB) 1,2 -Dichlorobenzene (Ortho-) 1,3 -Dichlorobenzene (meta-) 1,4 -Dichlorobenzene (para-) 3,3-Dichlorobenzidine 1,2-Dichloroethane 1,1-Dichloroethylene 1,2-Dichloroethylene (cis-) 1,2-Dichloroethylene (trans-) Dichloromethane (methylene chloride) 2,4-Dichlorophenoxyacetic acid (2,4-D) 1,2-Dichloropropane 500 3 0.08 1.0 10 0.8 0.08 30 20 30 300 0.3 0.08 0.001 200 200 3.0 0.2 1.0 2.0 20 30 10 20 1,0 (34) Dieldrin 0.005 (35) 2,4-Dinitrotoluene 0.3 (36) 1,2-Diphenylhydrazine 0.1 (37) Epichlorohydrin 8.0 (38) Ethylbenzene 200 (39) Heptachlor 0.02 (40) Heptachlor epoxide 0.001 (41) Hexachlorobenzene 0.05 (42) Hexachlorobutadiene 0.3 (43) Hexachlorocyclohexane (alpha-) 0.02 (44) Hexachlorocyclohexane (beta-) 0.05 (45) Hexachlorocyclohexane (gamma -)(lindane) 0.08 (46) Hexachlorodibenzodiox;n 0.00003 (47) Hexachloroethane 0.3 (48) Lead 5.0 (49) Mercury 0.5 (50) Methyl ethyl ketone 80 (51) Methoxychlor 8 (52) Nickel 40 (53) Nitrate (as Nitrogen) 3000 (54) Nitrite (as Nitrogen) 300 (55) N-Nitrasodimethylamine 0.002 (56) N-Nitrosodiphenylamine 20 (57) Total carcinogenic polynuclear aromatic 0.008 Hydrocarbons (PAH) (58) Polychlorinated Biphenyls (PCB's) 0.01 (59) Pentachlorophenol 50 (60) Selenium 5 (61) (62) Styrene _ 2,3,7,8-Tetrachlorodibenzo-p-dioxin (-TCDD) 5 0.0000005 (63) 1,1,2,2 -Tetrachloroethane 0.5 (64) Tetrachloroethylene 1.75 (65) Toluene 300 (66) Toxaphene 0.08 (67) 1,1,1 -Trichloroethane 200 (68) 1,1,2 -Trichloroethane 0.8 (69) Trichloroethylene 8 (70) 2,4,6 -Trichlorophenol 8 (71) 2,4,5 -TP (Silvex) 20 (72) Vinyl chloride 0.03 (73) Xylene 3000 b. Intervention Limits For The Deeper Flow System found in the deep alluvium/Prairie du Chien Forty-five days after completion of baseline sampling, Part III.A.6.c, a Proposal for Intervention Limits for the Deep Alluvium/Prairie du Chien aquifer shall be submitted to the Commissioner for review and approval. The proposal shall include, as a minimum*. -29- 1. statistical method used to develop intervention limit; 2. schedule for additional analytical tests of ground water; 3. recommendations for establishment of Intervention Limit; and 4. definition of "significant" changes in the concentration of target substances for changes to intervention limit. D. iiydrogeologic Evaluation. 1. Water Monitoring System Report. The Permittee shall submit a water monitoring System Report in accordance with Minn. Rules pt. 7035.2815, subp. 3, item H, (2). The Report shall be submitted within 45 days of issuance of the permit. If the Commissioner disapproves the Water Monitoring System Report, the Convu ssioner shall specify the deficiencies and reasons for disapproval. The Permittee shall correct the deficiencies and resubmit the revised report to the Commissioner within 30 days of the disapproval. 2. Water Quality Monitoring Report. The Permittee shall submit a water quality monitoring report in accordance with Minn. Rules pt. 7035.2815, subp. 3.I.2. The report shall evaluate the monitoring system and sampling schedule with respect to the requirements of Part III.B.2. and III.B.3. The report shall be submitted with the first Annual Report after sampling commences. If the Commissioner disapproves the water Quality Monitoring Report, the Commissioner shall specify the deficiencies and reasons for disappoval. The Permittee shall correct the deficiencies and resubmit the revised report to the Commissioner within 30 days of the disapproval. E. Leachate Monitoring. Semiannual sampling and analysis of the leachate shall be conducted for the parameters listed in Parts III.A.l (Spring) and 3 (Fall) of this permit. The results shall be reported to the Commissioner along with other information as required by Part III F1. below. F. Reports. 1. Semiannual Monitoring Report. A monitoring report must be submitted by the Pe=uttee to the Commissioner following each sampling event. Submittal dates for these reports are as follows: June 30 for spring samples and by February 1 with the Annual Report for the autumn sampling event. Monitoring reports shall include all items in Minn. Rules pt. 7035.2815, subp. 14, items L, and P. The monitoring rep:rts shall also include the following: a. the date the sample was collected and each analysis was completed; -30- b. sampler's signature and field cram ents on unusual or noteworthy occurrences during the sampling event; C. a statement explaining the reasons for and ramifications of any deviations in sampling or analysis techniques or equipment used from that stated in the approved quality control plan; d. the laboratory results of each sample analysis along with the results of the quality control sample analysis; e. any problems with the conditions of the wells and their protection; f. copies of the chain -of -custody forms; g. the static water elevation for each well, to the nearest 0.01 feet frcam the surveyed reference point; h. the volume of water removed in gallons and well volumes before sampling; and i. stabilization test results. 2. Annual Reports. The Permittee shall prepare and submit two copies of an annual report to the Commissioner no later then February 1 for the preceding calendar year. The annual report shall cover all Facility activities during the previous calendar year and shall be in accordance with Minn. Rules pt. 7035.2585. At a nJxd=an, the report shall include: a. a narrative, describing the effects which the site is exerting on surrounding ground water quality and any changes made or maintenance needed in the monitoring network; b. graphics of local precipitation totals versus time (date and year) at the closest measurement station; C. where applicable, graphics of water elevations (prior to pumping) versus time (date and year) at all monitoring points. The water elevations of several wells may be displayed on one graph; d. graphics showing concentration versus time (date and year) for all parameters that indicate a trend related to contamination for each well as long as the record exists; e. data summary tables of the measured parameter concentrations for all ground water, surface water, leachate, or waste characterization pertaining to the Facility; -31- f. proposals for redevelognent or replacement of monitoring wells that experience excessive suspended solids or siltation prior to the spring sampling period; g. a certification of the annual report by the Permittee; and h. a comparison of ground water monitoring results to maximum concentration limits, and any other applicable state or federal standards, limits, or criteria. 3. All sampling results collected from the Facility monitoring system shall be submitted to the MPCA within ninety (90) days of sample collection unless otherwise scheduled in Part III.A. •� « .. i•+ • �. « •. N�a &9. CV-, D4 • A. The Facility shall be closed in accordance with the approved closure plan and with Minn. Rales pt. 7035.2625 and 7035.2635. B. Contingency Action Plan. The Permittee shall implement the contingency action plan in the approved plans, including future amendments, in accordance with Minn. Rules pt. 7035.2615. C. Closure/Postclosure. Within thirty days of reaching final fill elevations the Permittee shall implement the closure/postclosure plan in the approved plans, including future amendments, in accordance with Minn. Rules pts. 7035.2625, 7035.2635 7035..2645, and if necessary 7035.2655. D. End Use. The portions of the Facility filled with waste shall be left as open space with no construction occurring on the cells unless approved by the Commissioner. E. Closure Certification. The Permittee shall notify the Commissioner when closure is completed and shall submit within 30 days of construction completion a closure certification for approval by the Ccn missioner. The certification, signed by an engineer registered in the state of Minnesota, must certify, with any exceptions listed, that the closure has been completed in accordance with the plans and specifications and this permit. It must be certified that an approved monitoring system is functional. F. Financial Assurance. The permittee shall provide financial assurance in accordance with a financial assurance plan approved by the Commissioner. The financial assurance plan approved as a part of the permit application includes establishing a trust fund and obtaining an irrevocable letter of credit to cover costs estimated for closure, postclosure and contingency action. 1. Prior to accepting waste at the Facility, the Permittee shall submit to the Commissioner: -32- a. An originally signed duplicate of the trust agreement. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or minnesota state agerrry. b. The irrevocable letter of credit. The issuing institution must be an entity which has the authority to issue letters of credit. Its letter of credit operations must be regulated and examined by a federal or state agency. The letter of credit must be effective before the initial receipt of waste. 2. The following provisions shall apply to letters of credit: a. The letter of credit must be accaq=ied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the Facility, and the amount of funds assured for closure, postclosure care, or contingency action at the facility by the letter of credit. b. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be extended automatically for a period of a least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when the Commissioner has received the notice, as evidenced by the return receipt. C. The letter of credit must be issued in an amount at least equal to the sum of the current cost estimates minus the value of the trust fund established for the same purposes. d. Whenever the sum of the current cost estimates becomes greater than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the sum of the current cost estimates and shall submit evidence of the increase to the Comtissioner or obtain other financial assurance to cover the increase. Whenever the sum of tl* current cost estimates decreases, the amount of the credit shall be reduced to the amount of the current cost estimate following written approval by the Ca wti.ssioner. e. Following a determination by the Cawmissioner that the owner or operator has failed to perform final closure, postciosure care, or contingency action in accordance with the appropriate plan and other permit requirements when required to do so, the CccmLissioner may draw on the letter of credit. -33- f. The Commissioner may draw on the letter of credit if the owner or operator does not establish alternate financial assurance and obtain written approval of alternate assurance from the Cammissioner within 90 days after the Commissioner receives notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date. The Ccamissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of arty extension the Cam issioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance and obtain written approval of the assurance from the Canmissioner. g. The Commissioner shall return the letter of credit to the issuing institution for termination if an owner or operator substitutes alternate financial assurance, or the MPCA releases the owner or operator from financial assurance requirements in accordance with Minn. Rules pt. 7035.2775. 3. The following provisions shall apply to trust funds: a. During the operating life of the Facility, if the value of the trust fund is greater than the sum of the current cost estimates, the owneor operator may submit a written requeo supporting documents tot he__ v Ccaniu� _ e of the amount in excess of - - doc to the ;ssioner for release of the amtount in excess- the s the current cost estimates covered by the trust -fund. Commissioner shall act on the request within 60 days of_ eipt, and shall instruct the trustee to relea a excess R4 as may be a nate. Pi?�P b. If a trust fund or bimilar financial device is created by federal or state law to which closure, postclosure and/or contingency action liability for this facility is, transferred, the owner or operator may submit a written request to the Ccnr� ssioner for the release of the amount of the current cost estimates for closure, postclosure and/or contingency action liability transferred to the federally or state created trust fund or similar financial device covered by the trust agreement and/or letter of credit. Within 60 days after receiving a request frau the owner or operator for the release of funds, the Commissioner shall instruct the trustee to release to the owner or operator funds in the amount equal to the current cost estimates for closure, postclosure and/or contingency action liability transferred to a federally or state created trust fund or similar financial device. The Commissioner shall take such action provided that the federal or state created trust fund or similar financial device provides financial assurance equivalent to the trust agreement, and/or letter of credit. -34- C. After beginning actions at the Facility that are specified in closure, postclosure care and contingency action plans, an owner, operator, or other person authorized to perform those actions may request reimbursement for expenditures on campleted work by submitting itemized bills to the Commissioner. Within 90 days after receiving bills for closure activities, postclosure care or contingency actions, the Ccmmi.ssioner shall determine whether the expenditures are in accordance with the appropriate plan or are needed to ensure proper closure, postclosure care or corrective action. The Commissioner shall then instruct the trustee to make reimbursement in the amounts the Commissioner specifies in writing. If the Commissioner detenx i.nes that the total cost incurred will be significantly greater than the value of the trust fund, the Commissioner may withhold reimbursement it is reimbursement of the amounts as deemed prudent determined that the owner or operator is no longer required to maintain financial assurance. The Commissioner shall decide whether to withhold reimbursement based on changes in unit costs incurred. If costs per unit incurred at the site exceed contingency allowances made in cost estimates, the Commissioner may withhold reimbursement. The Commissioner shall, within 30 days of the decision, provide the owner or operator with written reasons for withholding reimbursement. d. The Commissioner shall agree to terrt'mtion of the trust if 1. An owner or operator substitutes alternate financial assurance, or . ---_ _ Z. The MPA releases the owner or operator frau financial assurance requirements in accordance with Minn. Rules pt. 7035.2775. 4. The permittee shall comply with Minn. Rules pt. 7035.2685 regarding the preparation and update of cost estimates for closure, postclosure and contingency action events. If the stun of the current cost estimates for closure, postclosure and contingency action increases, the value of the trust fund and letter of credit shall be amended accordingly in conformance with the approved financial assurance plan. Evidence that the required changes to the trust fund and/or the letter of credit has been made shall be submitted to the Commissioner within 60 days of when the updated cost estimates where made. A. This permit shall not release the Permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes, or -35 - regulations, or local ordinances including, but not limited to those prarialgated pursuant to Minn. Stat. chs. 115, 116, 400 and 473. This permit shall be permissive only and shall not be construed as stopping or limiting any claims against the Permittee, its agents, contractors, or assigns, nor as stopping or limiting any legal claims of the state against the Permittee, its agents, contractors, or assigns for damages to state property, or for any violation of the terms of this permit. B. The MPCA's issuance of a permit does not prevent the future adoption by the MPCA of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee. C. The permit does not convey a property right or an exclusive privilege. D. The MPCA's issuance of a permit does not obligate the MPCA to enforce local laws, rules or plans beyond that authorized by Minnesota statutes. E. The Permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the MPCA and in compliance with the conditions of the permit. F. The Permittee shall at all times properly operate and maintain the Facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The Permittee shall install and maintain appropriate back-up or auxiliary Facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste Facility permits, if these back-up or auxiliary Facilities are technically and economically feasible. G. The Permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the MPGA or the Commissioner by the permit. The Permittee shall immediately upon discovery report to the Ccnmissioner an error or am ssion in these records, reports, plans, or other documents. H. The Permittee shall, when requested by the Commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the Facility covered by the pennit or regarding the conduct of the activity covered by the permit. I. When authorized by Minn. Stat. SS 115.04, 115B.17, subd. 4 and S 116.091, and upon presentation of proper credentials, the MPCA, or an authorized employee or.agent of the MPCA, shall be allowed by the -36 - Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the Facility covered by the permit' or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the Facility covered by the Permit or pertaining to the activity covered by the permit. in accordance with state law the permittee may request that certain information not be released to the public. J. If the Permittee discovers, through any mom, including notification by the MPCA, that noncompliance with a condition of the permit has occurred, the Permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting fratn the noncarPliance. K. If the Permittee discovers that nonccrpliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the envirormnt, the Permittee shall, within 24 hours of discovery of the noncompliance, orally notify the Ccnmissioner. Within five days of the discovery of the noncompliance the Permittee shall submit to the Ccamissioner a written description of the noncompliance; the cause if known of the non=rpliance, the exact dates of the period of nonce mpliance; if the roncanpliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the none upliance . L. The Permittee shall report noncOmPliance with the Permit not reported under K. as a part of the next report which the Permittee is required to submit under this permit. If no reports are required within 30 days. of the discovery of the nonccanpliance, the Permittee shall submit the information listed in K. within 30 days of the discovery of the noncompliance. M. The Permittee shall giveadvancenotice to the Ccomissioner as soon as possible of planned physical alterations or additions to the permitted Facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the pen -nit . N. The pernit is not transferable to any person without the express written approval of the MPCA after compliance with the requirements of Minn. Rules pt. 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit. 0. The permit authorizes the Permittee to perform the activities described in the permit under the conditions of the permit. in issuing the permit, the state and MPCA assume no responsibility for damage to persons, property, or the environment caused by the activities of the Permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the pennit. To the extent the state and MPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat. S 3.736. -37- P. The CcaTmi.ssioner may commence proceedings to modify or revoke this permit during its terms if cause exists under Minn. Rules pts. 7001.0170 to 7001.0180. Q. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. R. The Permittee may request an extension of the dates set forth in this permit including the submittal and monitoring dates. The request shall include justification for noncmipliance with the date. Based on the justification, the Director may grant an extension. S. This permit is valid for five years from the date issued, or until terminated, revoked, or aid by the MPGA. Prior to expiration of this permit, or to apply for an amended permit the Permittee shall request that the MPGA review and reissue the permit. To allow for adequate MPCA review tine and to avoid possible termination of the permit at the time the permit expires, an application for reissuance of the permit must be submitted no later than 180 calendar days before the expiration date of the permit. T. The Permittee must maintain records of all ground water monitoring data and ground water surface elevations for the active life of the Facility and, for disposal Facilities, for the postclosure care period. The Permittee rsst also maintain an operating record in --accordance with Minn Rules pt. 7035.2575 until closure of the Facility. U. The Permittee may not start treatment, storage or disposal in a new solid waste management facility or in a modified portion of an existing solid waste management facility until: 1. The Commissioner has received a letter and as -built plans signed by the owner or operator and by an engineer registered in Minnesota certifying that the Facility has been modified in compliance with the conditions of the p°rnit; Z. The Commissioner has inspected the modified Facility and has provided the owner or operator with a letter stating that the certification submitted is complete and approved. 3. The Commissioner has approved the financial assurance amount and instrument to be used for the Facility in accordance with Minn. Rules pt. 7035.2665 to 7035.2805. 4. The Commissioner has approved a waste management plan. fl III s .. PERMIT NUMBER SW -383 i • • • • • . e esa� aures L. Warner, P.E. ivision Manager Ground Water and Solid Waste Division