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.
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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
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�.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
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The Farmington Independent, and has full knowledge of the facts which
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of 19_Cj,9_- and was thereafter printed and
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copy of the lower case alphabet from A to Z, both inclusive, which is
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abcdefghi j ktmnopgrst uvwxyz
By:
Title: Administrator for the Publisher.
Subs •bed and sworn to before me on this -ra f day of ,
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otary Public
AFFIDAVIT
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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.
Dated this 7th day of January, 19112
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(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
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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;
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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;
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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:
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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.
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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.
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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
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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
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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.
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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