HomeMy WebLinkAbout4.p. Koch Refining Spent Bauxite Interim Use PermitCITY OF ROSEMOUNT
EXECUTIVESUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 1, 1990
AGENDA ITEM: SET PUBLIC HEARING--KOCH REFINING
AGENDA SECTION:
SPENT BAUXITE FACILITY INTERIM USE PERMIT(IUP)
CONSENT
PREPARED BY
AGENDA NCITERE
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LISA J. FREESE, DIRECTOR OF PLANNING
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ATTACHMENTS: HEARING NOTICE; MAILING LIST;
APPROVED BY:
DRAFT INTERIM USE PERMIT
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Koch Refinery proposes to construct a Spent Bauxite Disposal Facility at
the -Sulfuric Acid Unit located at 13155 Courthouse Boulevard. This new
facility Iis to replace an existing facility on site that is presently near
or over capacity.
The City Council approved a text amendment to the Zoning Ordinance on
September 17 that permits spent bauxite disposal facilities as accessory
uses via an interim use permit in the GI General Industrial zoning
district. City staff and our consultants have developed a draft interim
use permit agreement which is included in your packet. The Planning
Commission began their initial review of the IUP at the September 24
Regular meeting and will be making a recommendation regarding the agreement
at the October 7 Regular meeting.
Planning Staff recommends that the City Council set a public hearing to
consider the IUP. The Public hearing will be scheduled for the October 15,
1991 Council meeting.
RECOMMENDED ACTION: Set Public Hearing for the Koch Refining Spent
Bauxite Disposal Facility Interim Use Permit for October 15, 1991 at
8:00 p.m.
COUNCIL ACTION:
(Pity of (O?osemouni
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Klassen
Public Notice John Oxborough
Harry Willcox
Koch Refining Company Spent Bauxite Disposal Facility Dennis wippermann
ADMINISTRATOR
INTERIM USE PERMIT APPLICATION Stephan Jilk
13155 Courthouse Boulevard
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to
consider the item listed below on Tuesday, October 15, 1991 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:
Part of the East Half (Eh) of Section 19, Township 115, Range 18 and part of the
Southeast Quarter (SEY,) of Section 18, Township 115, Range 18, commencing at the
northwest corner of the Northeast Quarter (NEY,) east on northerly line 318.23 feet to
beginning, north 26 degrees, 22 minutes 32 seconds east 239.77 feet to centerline of State
Trunk Highway No. 55; southeast on centerline 989 feet to the east line of the Northwest
Quarter of the Northeast Quarter (NW% of NEY,) of Section 19, south 1,085 feet to the
southeast corner of the Northwest Quarter of the Northeast Quarter (NW% of NE,/,), west
1,320 feet to the southwest comer of the Northwest Quarter of Northeast Quarter (NWv, of
NE%), then north 430 feet; north 26 degrees, 22 minutes, 32 seconds, east 476.29 feet,
north 63 degrees, 37 minutes, 28 seconds, west 113.17 feet, north 26 degrees, 22
minutes, 32 seconds east 467,31 feet to beginning.
The property in question is owned by Koch Refining Company and is located at 13155 Courthouse
Boulevard on the south side of State Trunk Highway 55, east of U.S. Highway 52 and is referred to
as the Koch Sulfuric Acid Unit.
The purpose of this hearing is to consider an Interim Use Permit Application from Koch Refining
Company to allow construction of a new spent bauxite disposal facility to replace an existing
disposal facility. The proposed expansion is directly east of the present facility on approximately a
10 -acre site.
Persons wishing to speak on this issue are invited to attend this meeting on Tuesday, October 15,
1991 at 8:00 p.m.
Dated this 2nd day of October, 1991.
Susan M. Johnson, City Clerk
City of Rosemount
Dakota County, Minnesota
6veriylkings (Poming (Ujb gosemouniI1
1.j 1009L aPe'
KOCH REFINING COMPANY SPENT BAUXITE INTERIM USE PERMIT - MAILING LIST
1. Wisconsin Town Lot Co. 34-01800-012-53
165 Canal Street North 34-01800-017-88
Chicago, IL 60606-1512
2. Koch Refining Company 3401800-010-81
P.O. Box 2256 34-01800-010-83
Wichita, KS 67201-2256 34-01800-010-85
3. State of MN - F TAX
1560 Highway 55
Hastings, MN 55033
4. Neal F. Page
4504 64th Street West
Minneapolis, MN 554241844
5. Walbon Partnership
4230 Pine Bend Trail
Rosemount, MN 55068-2562
6. Pine Bend Development Company
% Melvin G. Astleford
1200 Highway 13 West
Burnsville, MN 55337
7. DHB Corporation
Start Route 2 - Box 207
Hibbing, MN 55746-9218
8. Paul J. Neiland
13250 Clayton Avenue East
Rosemount, MN 55068-2719
1
3401900-010-02
3401900-010-04
34-01900-011-10
3401800-010-87
34-01800-020-87
3401800-015-88
34-01900-010-07
3401900-011-12
3401900-010-36
DRAFT
INTERIM USE AGREEMENT
' KOCH REFINING COMPANY
SPENT BAUXITE DISPOSAL FACILITY
THIS AGREEMENT. dated , 1991, is made by and between
Koch Refining Company, a subsidiary of Koch Industries, Inc., a Delaware Corporation
(hereinafter "Koch") and the City of Rosemount, a Minnesota municipal corporation
(hereinafter the "City"). The parties hereto agree as follows:
1. Interim Use Permit. Koch has requested an Interim Use Permit
(IUP) from the City for the construction and maintenance of a Spent Bauxite Disposal
Facility (SBDF). The execution of this Agreement by the parties, shall constitute the
approval and issuance of an IUP by the City; subject to compliance with this Agreement
and Minnesota Pollution Control Agency Permit No. , dated ,
incorporated herein by reference.
2. Term The term of the IUP shall be for five (5) years from the date of
this Agreement. Koch may request an extension of the IUP provided the City receives
written notification of a request for an extension at least 180 days prior to expiration of the
IUP. The extension of the IUP may, at the option of the City, be approved without
modification to this Agreement, or the City may require Koch to modify this Agreement,
or enter into a new agreement.
3. SBDF Description. The SBDF is located on property legally
described on the attached Exhibit A. The facility is generally located along Trunk Highway
55, in Section 19, Township 115, Range 18, and is considered an accessory use to the
Koch Sulfuric Acid Unit (KSAU). The location of the SBDF is illustrated on the attached
Plan A and Plan B. The purpose of the facility is dispose and maintain non -hazardous
industrial waste. Spent bauxite residuals consist primarily of aluminum oxide, aluminum
silicate and sand -like silica material. For the purpose of defining the extent of
authorization granted in the issuance of the IUP, the SBDF is described as follows:
A. An existing basin for the disposal of spent bauxite residuals. The basin is
200 feet wide by 600 feet long excavated to a depth of eight feet and
surrounded by an eight -foot high berm. The available capacity of the
existing basin, 72,000 cubic yards, is exhausted. Temporary storage of up
to 5,000 cubic yards additional material has been authorized pending
completion of the expansion basin. Stored material will be removed and
placed in the expansion basin upon its completion. Closure of the existing
basin is part of this permit.
B. An expansion basin, located adjacent to the southeast side of the existing
basin, for the disposal of spent bauxite residuals. The new expansion basin
authorized by this permit will be a lined basin 275 feet wide by 600 feet long.
The liner will consist of 2 feet of low permeability clay overlaid by a 60 -mil
HDPE synthetic liner. Leachate will be collected in the leachate collection
system and will be recycled back to the sulfuric acid plant. The capacity of
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the expansion basin is 89,300 cubic yards of spent bauxite residuals and
final cover material. The deposition of any other wastes at the site is
prohibited. The expected service life of the expansion basin is 10 to 15
years.
4. Design Plans and Specifications. Koch shall construct the SBDF
in accordance with plans and specifications approved by the Minnesota Pollution Control
Agency (MPGA) and in accordance the procedures required by the MPCA.
5. Quality Control/Quality Assurance. Koch shall construct the SBDF
in accordance with the quality control/quality assurance plan approved by the MPCA or
shall notify the City prior to modification to the engineering plans or quality control/quality
assurance plan approved by the MPCA.
6. Construction Permits. Koch shall obtain all necessary permits for
construction of the SBDF from the City, in accordance with the adopted standards,
procedures and requirements of the City.
7. Construction Inspection. Koch shall contact the City at least two
(2) working days in advance of specified routine inspections required by the City. Koch
shall contact the City at least five (5) working days in advance of specified special
inspections identified and required by the City. Koch grants the City and its agents
access to the SBDF at all times for the purpose of inspections and enforcement of this
Agreement.
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8. Construction Certification. Koch shall furnish the City with
construction certifications of work performed by it in accordance with the requirements
of the MPGA. Timely completion of the certifications by Koch will assist in ensuring
adherence to construction and inspection schedules. In no case, shall Koch fail to submit
construction certifications within thirty (30) days of construction completion.
9. Liner Protection. Upon completion of construction, inspection,
testing and acceptance of the synthetic liner, a minimum of three (3) feet of fill and/or
spent bauxite shall be placed over the liner for frost protection. Unless a written
authorization for an extension of time is issued by the MPCA and City, the liner protection
shall be completed by December 1, 1991.
10. Operations and Maintenance. SBDF operating and maintenance
procedures shall conform with the "Operations and Maintenance Manual' (Exhibit B, SBDF
Expansion Permit Application, May 1990) and applicable Minnesota Rules and any other
applicable federal, state or local ordinances, statutes or regulations. Any modifications
to the "Operations and Maintenance Manual' must be submitted to the City for approval.
11. Personnel Training. All Koch personnel involved in the operations
and maintenance shall meet the training requirements identified in the "Operations and
Maintenance Manual" and applicable Minnesota Rules.
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12. Emergency Reporting. Any emergency, as defined in the
"Operations and Maintenance Manual", shall require immediate notification of the City.
The "Operations and Maintenance Manual' shall be modified to identify this requirement.
Koch shall furnish the City with written reports, as specified in the manual.
13. General Inspections, Records, Reporting_. Koch shall furnish the
City records of inspections upon request. Koch shall furnish the City with a copy of the
"annual report", according to the timetable and requirements of the MPCA, as identified
in the "Operations and Maintenance Manual'.
14. Contingency Actions. Koch shall notify the City of any event which
triggers contingency and/or corrective actions. Remediation of contingency actions shall
be completed according to the requirements set forth in MPCA Permit No.
A copy of the written action summary shall be furnished the City upon completion. Should
any amendments to the contingency action plan be necessary due to changes in
operation or past corrective actions which would alter the plan, Koch shall provide a copy
of the revised contingency action plan including the required amendments.
15. Monitoring/Reporting. Monitoring/ Reporting: Koch shall submit
to the City a Copy of each annual report for the SBDF no later than February 1 of each
year as required by the MPCA. The annual report shall include the information listed
under Section III.F.3, MPCA Permit No. , along with the initial water quality
assessment report. In the event intervention limits are exceeded during groundwater
sampling of the compliance boundary and the retest confirms the results (MPCA Permit
5
No. , Section III.C.2), Koch shall notify the City and take the appropriate steps to
correct the problem. Any further reporting of this issue shall be documented with the City
including any remedial measures which may be required in order to bring the facility back
into compliance with the MPCA permit requirements.
16. Closure. (Existing and Expansion): Koch shall close the existing and
proposed expansion SBDF in accordance with the site's closure plan approved by the
MPCA. The City shall be notified at least 90 days prior to the date final closure activities
are scheduled to begin. Upon completion of closure construction, the City shall be
notified in the event a final inspection is deemed necessary. A copy of the closure
certification document shall be provided to the City upon submittal to the MPCA. Within
90 days after closure completion, Koch shall provide record documents (survey plat and
waste disposal records) as identified in the MPCA approved Closure Plan for the SBDF.
Koch shall notify the City in the event the approved Closure Plan is amended.
17. Post Closure. Koch shall provide post closure care for the SBDF in
accordance to the Section 5.0, Post Closure Care Procedures documented in the closure
plan approved by the MPCA. The City shall be notified in the event amendments to the
post closure plan are required due to changes in facility design and operation.
18. Financial Assurances. Koch shall develop a trust fund as defined
under current MPCA Solid Waste Management Rules to provide the necessary funds for
closure, post closure care and corrective action at the SBDF. Koch shall make deposit
into the trust fund at the end of every year. The initial amount to be placed in the fund
9
shall be $42,000 in accordance to the current financial assurance estimates on file at the
MPCA. Subsequent amounts placed in the trust fund account will be determined based
on revised estimates provided in the annual report to the MPCA.
19. Recycling Feasibillily. Within three (3) years of the date of this
Agreement, Koch and the City shall mutually agree upon the scope, timetable, and cost
of an independent feasibility study to determine the reuse, recyclability and marketability
of spent bauxite residuals. If no agreement is reached within the time specified, the City
shall initiate the feasibility study. Koch will be responsible for the costs of the study and
any other out of pocket expenses the City may incur in connection with the study.
20. Responsibility for Costs. Koch hereby agrees to reimburse the City
for out of pocket expenses incurred by the City in the review and issuance of the IUP, the
inspections and monitoring of SBDF and the enforcement of this Agreement, including
but not limited to administrative, planning, engineering and legal fees.
21. Annual IUP Fees. Koch shall pay an annual IUP fee to the City at
the rate of $4.50 per cubic yard of spent bauxite deposited in SBDF. The spent bauxite
generation rate shall be based on a projected generation rate of 0.46 cubic yards of spent
bauxite deposited in the SBDF per ton of raw bauxite consumed on a specific gravity of
2.44 at KSAU. The fee shall be calculated on an annual basis and remitted to the City
by February 1 of each year. Koch shall provide to the City documentation of the raw
bauxite consumed at KSAU with each remittance.
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22. indemnification. Koch shall defend, indemnify and save the City
harmless against any and all claims, suites, 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 the SBDF.
23. Other Laws and Regulations. Compliance with this Agreement does
not release Koch from compliance with other laws and regulations, including but not
limited to City codes, City zoning and subdivision ordinances, state building codes, state
and federal statutes and any other applicable laws. When any laws or regulations conflict,
the stricter law or regulation shall apply.
24. 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.
25 Revocation. Failure to comply with the provisions of this Agreement
shall constitute failure to comply with the interim use permit, and shall be grounds for
revocation of the interim use permit.
26. Amendments. Any changes in the provisions of this Agreement,
requested by Koch, require the express written consent of the City. The City may at its
option impose additional requirements for the IUP, when changes in waste management
rules, laws or technology are in the best interest of public health, safety and welfare.
27. 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.
28. 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.
29. Notice. 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 and to Koch Refining Company, P. O. Box 64596, St. Paul, Minnesota
55164. All notices shall be effective upon receipt.
30. Recording. This Agreement shall run with the subject land and may
be recorded in the Dakota County Recorder's Office.
K
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first written above.
KOCH REFINING COMPANY
A Subsidiary of Koch Industries, Inc.
A Delaware Corporation
By:
CITY OF ROSEMOUNT
By:
Vernon J. Napper, Mayor
By:
Stephan Jilk, City Administrator
10
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
1991, by , its
and , its
on behalf of Koch Refining Company, a Subsidiary of Koch Industries, Inc.,
a Delaware Corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day
of , 1991, by Vernon J. Napper, Mayor and Stephan Jilk, City
Administrator, on behalf of the City of Rosemount, a Minnesota municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: