HomeMy WebLinkAbout6. Koch Refining Spent Bauxite Interim Use Permitr
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 15, 1991
AGENDA ITEM: Koch Refining Company Spent
AGENDA SECTION:
Bauxite Facility Interim Use Permit (IUP)
PUBLIC HEARING
PREPARED BY:
Lisa J. Freese, Director Planning
AGENDA
FIEM # 6
of
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ATTACHMENTS: Resolution; IUP Agreement; MN PCA
APP D Y:
Permit SW -226; Trust Agreement; Location Map.
Attached is a copy of the proposed Interim Use Agreement (IUP)
for Koch Refining Company's Spent Bauxite Disposal Facility. The
term of the IUP is for five years, which is the same time length
of the permit that has been issued for the facility by the
Minnesota Pollution Control Agency (PCA). The IUP Agreement
serves as both an agreement between the City and Koch, and a
permit document. The IUP, as drafted, addresses construction,
operation and maintenance of the facility and sets up
requirements for reporting and monitoring to the City. The IUP
also requires that Koch undertake a recycling feasibility study
within three years to insure that the City will have adequate
information on recyclability of spent bauxite when the IUP comes.
up for renewal. A permit fee, which is to be remitted to the
City on February l of each year, is required in the Agreement.
Koch Refining Company officials have reviewed the permit and have
agreed to the terms. The Planning Commission reviewed the IUP
Agreement at their October 8th Regular Meeting and recommended
approval of the Koch Refining Company Spent Bauxite Disposal
Facility Interim Use Permit.
RECOMMENDED ACTION:
A motion to approve A RESOLUTION APPROVING AN INTERIM USE PERMIT
FOR THE KOCH REFINING COMPANY SPENT BAUXITE DISPOSAL FACILITY.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1991-
A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR
THE KOCH REFINING COMPANY SPENT BAUXITE DISPOSAL FACILITY
WHEREAS, the City Council did receive an Interim Use Permit
Application for the Koch Refining Company Spent Bauxite Facility
pertaining to the property as legally described in Exhibit A.
WHEREAS, the Planning Commission of the City of Rosemount has
recommended approval of the Permit subject to the execution of an
Interim Use Agreement.
WHEREAS, a public hearing was scheduled according to law and held
on the 15th day of October, 1991 to consider the Koch Refining
Company Spent Bauxite Disposal 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 Koch
Refining Company Spent Bauxite Disposal Facility, subject to the
following:
A. execution of the Koch Refining Company Spent Bauxite Disposal
Facility Interim Use Agreement; and
B. the permits, agreements and plans referenced in the Koch
Refining Company Spent Bauxite Disposal 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 -226;
2. Trust Agreement between Koch Refining Company and the
Minnesota Pollution Control Agency dated August 15, 1991;
3. SBDF Operations and Maintenance Manual;
4. Hydrogeologic Evaluation Phase 1 Report, Spent Bauxite
Disposal Facility Expansion;
5. Hydrogeologic Evaluation Phase 2 Report, Spent Bauxite
Disposal Facility Expansion;
6. Hydrogeologic Evaluation Phase 3 Work Plan, Spent Bauxite
Disposal Facility Expansion;
7. Letter and supplemental documents submitted by Barr
Engineering on Koch Refining's behalf to Ms. Bonnie Nelson,
Minnesota Pollution Control Agency, dated April 1, 1991;
8. Spent Bauxite Disposal Facility Expansion Permit
Application;
9. Spent Bauxite Disposal Facility Expansion Design Report;
10. Spent Bauxite Disposal Facility Closure Plan; and
11. Letter and supplemental documents submitted by Koch Refining
Company to Kurt C. Schroeder, Minnesota Pollution Control
Agency, dated August 15, 1991.
ADOPTED this 15th day of October, 1991.
Vernon J. Napper, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor•
Voted against•
E
EXHIBIT A
(Legal Description)
That part of the Northeast Quarter (NEY,) and that part of the Southeast Quarter (SEY,) of
Section 19, Township 115 N, Range 18 W, and that part of the Southwest Quarter of the
Southeast Quarter (SWY, of SEY,) of Section 18, Township 115 N, Range 18 W, Dakota
County, Minnesota, described as follows:
Commencing at the northwest corner of said Northeast Quarter (NEW) of Section 19; thence
on an assumed bearing of North 89 degrees, 54 minutes, 32 seconds east, along the north
line of said Northeast Quarter (NEY,), a distance of 318.23 feet to the point of beginning of
the property to be described; thence north 26 degrees, 22 minutes, 32 seconds east, 239.77
feet more or less to the center line of STH No. 55 as now laid out and traveled; thence
south 63 degrees, 37 minutes, 28 seconds east, along the center line of said STH No. 55 a
distance of 830.74 feet to the beginning of a tangential curve concave to the southwest,
central angle 6 degrees, 53 minutes, 34 seconds, radius 5,729.65 feet; thence along said
curve, being the center line of said STH No. 55, a distance of 689.27 feet, more or less to
its intersection with the west line of the east 870.00 feet of said Section 19; thence south 0
degrees, 09 seconds, 51 minutes east, along the west line of said east 870.00 feet, 2,799.91
feet, more or less to its intersection with a line drawn parallel with and 200.00 feet
northwesterly of the centerline of the Chicago North Western Railway; thence south 46
degrees, 28 minutes, 59 seconds west, parallel with said center line 393.41 feet to the
beginning of a tangential curve concave to the northwest central angle 43 degrees, 39
minutes, 23 seconds, radius 946.28 feet; thence along said curve, parallel with said railway
center line, 721.02 feet; thence north 89 degrees, 51 minutes, 38 seconds west, tangent to
said curve, parallel with said railway center line, 833.70 feet, more or less to the north -south
quarter line of said Section 19; thence north 0 degrees, 01 minutes, 38 seconds west along
said north -south quarter line, 2,929.96 feet; thence north 26 degrees, 22 minutes, 32
seconds east, 476.29 feet; thence north 63 degrees, 37 minutes, 28 seconds west, 113.17
feet; thence north 26 degrees, 22 minutes, 32 seconds east, 467.31 feet more or less to the
point of beginning; EXCEPT the following described Parcels A and B:
PARCEL A: That part of the Northeast Quarter (NE%) of Section 19, Township 115 N,
Range 18 W and the Southeast Quarter (SE%) of Section 18, Township 115, N, Range 18 W,
lying southwesterly of the center line of STH No. 55, northeasterly of a line parallel with and
150.00 feet southwesterly of said center line, and northwesterly of the following described
line extended northerly and southerly: Commencing at a point on the north line of said
Northeast Quarter (NE,/,) of Section 19, a distance of 536.5 feet east of northwest corner of
said Northeast Quarter (NEY,); thence north 63 degrees, 37 minutes, 28 minutes west,
parallel with the center line of said STH No. 55 (north 63 degrees, 32 minutes west, deed)
20.8 feet to the point of beginning of the line to be described; thence north 26 degrees, 22
minutes, 32 seconds east, (north 26 degrees, 28 minutes east, deed) 150.00 feet more or
less, to the center line of said STH No. 55 and there terminating, and lying southeasterly of
the following described line: Commencing at the northwest corner of said Northeast
Quarter (NE%) of Section 19; thence on an assumed bearing of north 89 degrees, 54
minutes, 32 seconds east, along the north line of said Northeast Quarter (NE/,), a distance
of 318.23 feet, to the point of beginning of the line to be described; thence north 26
degrees, 22 minutes, 32 seconds east, 239.77 feet, more or less, to the center line of STH
No. 55 and there terminating.
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PARCEL B: That part of the Northeast Quarter (NEY,) of Section 19, Township 115 N.
Range 18 W and the Southeast Quarter (SEY,) of Section 18, Township 115 N, Range 18
W, lying southwesterly of the center line of STH No. 55, northeasterly of a line parallel
with and 150.00 feet southwesterly of said center line, westerly of the west line of the
east 870.00 feet of said Northeast Quarter (NEY,) and southeasterly of the following
described line: Commencing at a point on the north line of said Northeast Quarter
(NEY,) of Section 19, a distance of 530.5 feet east of the northwest comer of said
Northeast Quarter (NEY,); thence north 63 degrees, 37 minutes, 28 seconds west, parallel
with the center line of said STH No. 55 (north 63 degrees, 32 minutes west, deed) 20.8
feet; thence north 26 degrees, 22 minutes, 32 seconds east (north 26 degrees, 28
minutes east, deed) 150.00 feet, more or less, to the center line of STH No. 55; thence
south 63 degrees, 37 minutes, 28 seconds east, (south 63 degrees, 32 minutes east,
deed) along the center line of STH No. 55, a distance of 600.00 feet, to the point of
beginning of the line to be described; thence south 26 degrees, 22 minutes, 32 seconds
west, (south 26 degrees, 28 minutes west, deed) a distance of 150.00 feet and there
terminating.
- END OF DESCRIPTION OF PARCEL B -
Containing 141.520 acres more or less (0.689 acres of which are in said STH No.55)
subject to STH No. 55 and any other easements of record.
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INTERIM USE AGREEMENT
KOCH REFINING COMPANY
SPENT BAUXITE DISPOSAL FACILITY
THIS AGREEMENT, dated ,1991, is made by and
between Koch Refining Company, 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. SW -226, dated September 13, 1991,
incorporated herein by reference. For the term of the Agreement, the City shall not not
unreasonably withhold construction permits, inspection certifications, acceptances,
requests for extenstions or approval for modifications.
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
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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 to dispose and maintain spent bauxite,
which is a 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. Temporarily 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
2
authorized by this permit will be a lined basin 275 feet wide by 600 feet long.
The liner will consist of two (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
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
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shall contact the City at least five (5) working days in advance of specified special
inspections identified and required by the City. During normal operating hours Koch shall
grants the City and its agents access to the SBDF for the purpose of inspections and
enforcement of this Agreement.
8. Construction Certification. Within thirty (30) days of construction
completion, Koch shall submit to the City a copy of the construction certification as
required by MPCA. 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 by MPCA or qualified authority, 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.
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11. Personnel Training. All Koch personnel involved in the operations
and maintenance of the SBDF shall meet the training requirements identified in the
"Operations and Maintenance Manual and applicable Minnesota Rules.
12. Emergency Reporting. Upon recognition of any emergency, as
defined in the "Operations and Maintenance Manual", Koch shall immediately notify 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. SW -226. 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
5
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year as required by the MPCA. The annual report shall include the information listed
under Section III.F.3, MPCA Permit No. SW -226, 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
No. SW -226, 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.
1.1
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
in accordance with 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 Feasibility.. 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 the 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 based on a specific
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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.
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, unless preempted by a state or federal law or
regulation.
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.
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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. All
additional requirements shall be made in accordance with applicable administrative and
legislative authority.
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.
31. Recording. This Agreement shall run with the subject land and may
be recorded in the Dakota County Recorder's Office.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first written above.
KOCH REFINING COMPANY
A Delaware Corporation
By:
By:
CITY OF ROSEMOUNT
By:
Vernon J. Napper, Mayor
By:
Stephan Jilk, City Administrator
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 Delaware Corporation.
Notary Public
10
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.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
Dean R. Johnson, Resource Strategies Corporation
Eric Short, Hertog, Fluegel, Sieben, Polk, Jones & LaVerdiere
Kirby Van Note, OSM Engineering
Lisa Freese, City of Rosemount
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the
MODIFICA
PERMIT
FOR TIM CONSTRUCI
OF AN INDUSTRIAL SOLID WAS
In accordance with Minn. Stat. chs. 115,'
7000, 7001, and 7035, the Minnesota Poll
issues this permit to:
Foch Refini
P.O. Box 64
St. Paul, M
This permit authorizes Koch Refining Com
operate the Spent Bauxite Disposal Facil
forth in this permit. The determination
with the MPCA and was made subsequent to
application.
PART I. FACILITY DFSCRZPTION AND TE
A. Location. The Facility authori
10 -acre parcel of land in the N
Township 115 North, Range 18 We.
Minnesota.
B., Facility Description. The Faci.
of the following:
1. An existing basin for the
The basin is 200 feet wide
of eight feet and surroundt
available capacity of the E
exhausted. Temporary stori
additional material has be,
expansion basin. Stored m
the expansion basin upon i-
2. An expansion basin, locate
existing basin, for the di:
new expansion basin author.
basin 275 feet wide by 600
feet of low permeability c:
liner. Leachate will be ct
and will be recycled back•
capacity of the expansion
bauxite residuals and fines
other wastes at the site is
of the expansion basin is
C. Plans and Specifications. The I
authorized by this permit in acc
consist of the permit applicatic
j. Water quality analyses must
5.
acceptable to the Comnissic
F
g. The Commissioner shall req
C
necessary to obtain sedine
r
actual ground water condit
the monitoring g point locat
d,
Procedures that minimize t
i
from solution.
Th.
a
The Field Monitoring Protc,
0
Commissioner's approval.
Wn
i. The Field Monitoring Proton
1
immediately to reflect any
9.
field or analytical procedi
2.
analytical laboratory. ThE
QA/QC Plan must be review,
10.
Pe=*Littee, sampling personr
11.
revised as needed. Revisic
3.;
Protocol and the QA./QC Plar
Commissioner upon written x
4.
facility permit, order, or
records of past protocol 1E
13.
the operating life of the F
period.
j. Water quality analyses must
5.
acceptable to the Comnissic
record, reliability, sensit
Analytical methods and qual
6.
chosen to yield accurate re
concentration and conpositi
appropriate actions must be
7.
ensure the reliability, pre
analytical results. Where
limit of quantitation for G
8_
concentration of concern,
under Minn. Rules pt. 7035`.
9.
Commissioner may inrestigat,
lower analytical limits and
necessary and feasible.
10.
k. All water samples must be, c
11.
analyzed by an independent
a QA/QC Plan for land di.spc
analysis on file with the �.
12.
approval by the Cammissidne
1. Stabilization tests must be
13.
of each monitoring well. T`
successive pumping, and/or c
until continuous field mansi
parameters yield stabilized
samples: pH, specific cotes.
_g
each well on successive sampling events, the Pennittee must
prepare and include in each water Quality Monitoring Report
in Part III.F.l. of this permit separate tables of the
stabilization test information.
The Permittee shall notify the Commissioner at least 14 days
prior to commencement of drilling of new monitoring wells, -
piezometers, or boring.
M. The Commissioner shall be'notified by the Permittee at least
ten (10) working days prior to sampling to enable the MPCA to
split samples with the Permittee.
6. The Permittee must conduct monitoring in accordance with the Field
Monitoring Protocol and QA/QC Plan. If changes in monitoring
points, parameters, sampling protocol, or items for which the
QA/QC Plan was approved are made, the Permittee shall submit an
amended QA/QC Plan that describes the changes to the Commissioner
within 30 days of the change and prior to sampling.
B. Water Monitoring System. The Pennittee must design, install, and
maintain a water monitoring system in compliance with Part III.B.l. 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 them, must be designed based on:
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a. an evaluation of potential sources of leachate releases,
including the leachate collection system, critical or
higher-risk areas of the liner, areas of
build-up of leachate on the liner, leachate greatest
antdntial
leachate treatment and holding areas;
b• an evaluation of the h
at the
Facility, including the abb itycofwaatersquality and the
projected Paths and rates of migration of leachate from the
otential 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 potential)
ct
water supply wells, other points of water use, and s�face
water.
3* water monitoring systems must include monitoring points situated
as follows:
a. Monitoring points must be installed upgradient and
downgradient from the Facility, with u
Points in each aquifer that has a downer ent mo torgg ,
point.
b• All monitoring systems must be sufficient at a minimum to
allow early detection of the release of leachate from 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 PenrLi.ttee shall provide additional
mo'tori.ng points as necessary to delineate the polluted zone
and to measure the Facility,s ccanpliance with the
intervention limits of Part III.C.
d• Monitoring points must be installed within a
confining units, and aquifers, as needed, to meet tthhqueet ,
e
requirements of this subpart.
e. The Commissioner shall
beneath an a �� water quality monitoring
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 flaw, the CoRmtssioner shall require
necessary changes in the monitoring system.
4 • The Pe=tittee shall
Provide monitoring points or ins
other than conventional monitoring wells ��ntation
if these installations
are needed. The if
shall require separate monitoring
-11
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 Minnesota
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.
6. Monitoring wells and piezometers 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;
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 fiat outside the well maybe 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.
-12
C. Equipment contaminated by contac- with _utants in the soil
or ground water must be thorough�y clec_: 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.
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 des._gned, 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
ti- screen or intake area with low flow velocities through
t: screen, and to minimize the entry of soil particles into
t well.
10. Monitoring wells must be clearly and permanently marked with a
Minnesota Unique well Number and, if different from 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 from damage and unauthorized
access as required under part 4725.1860, subpart 5, except that a
locked metal cap must be used. Caps must be kept locked when the
well is not being monitored.
12. A monitoring well must be develop immediately after installation
and, if necessary to minimize the try of 'soil particles into the
well or to restore well yield, duu _-ig its operating life. After
development, the Pernittee must a:-::lyze unfiltered water samples
from the monitoring well for suspt:lded solids, and must measure
the depth of the well to verify that the well is free of
accumulated sediment. The Ccannissioner 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 _ the soil or rock types
encountered while installing a monitoring point. The -oil
logging procedures must meet the requirements for soi- boy ;s
contained in Minn. Rules pt. 7035.2815, subp. 3, item F. except
-13
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.
15. Within 30 days after installing or sealing a monitoring point, the
Permittee shall submit to the Commissioner 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 Comnissioner 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 doneonthe 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, ccn pany, and license or
registration number.
16. Unless the Commissioner 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 Waist 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:
-14
a. well casinc :.aterial type side diameter, and casing
schedule number, standard 1aension 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;
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
.tion including carbonates o -
name or number; mineral compos
other soluble or reactive minerals; gradations; and quantity
of filter pack material used;
e, r of grout or other approved annular seal material,
r me. Proportions of water and
actur:r and product na
s
is in the grout mix, and quantity used;
f. elevation of the top of each casing, surveyed to the nearest
0.01 foot;
surface, protective concrete slab,
g, elevations of .the ground. and bottom of any dedicated
bottom of the drill hole, top device, top and bottom of the
pump or sampling or measuring size or
screen or intake intervaland
the diamet r off t endrilled hole
of casing, each change
and 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
grtypeof
drilling rig; how the well, filter packs,
installed; description of drilling fluids used; and
procedures for cleaning materials or equipment; and
i, observations during drilling and installationtinctutheg any
problems encountered and conditions that may
performance of the monitoring
water quality must
17. Piezometers that will not be7ugedOti1,12s�15, and 16. They must
comply with Part III.B.5.,6, hydraulic head
be designed and constructed to accurately measures Y� surrounding
in the portion of the aquifer or fonimize het y
the screen or intake area and to minimize the time lag between
r and the inside water
fluctuations in head outside the piezomete
re
is too larger theCommissioner may require
level. If the time lag
pressutransducers or other alternative designs to be use'
ints and mark -4ach
18. Sampling personnel must inspect monitoring Poled. The Peru. .e
time the monitoring point is measured or same t annual_
shall inspect monitoring points and markers at le
-15
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 immediately after any change or repair that may have
altered its elevation. The Peani.ttee 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 Commissioner within 30 days after the change or
repair.
19. The Permittee shall notify the Commissioner 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 Permittee shall submit to the
Commissioner the proposed location of a compliance boundary and
supporting information within 90 days of the issuance of the
permit.
The compliance boundary will be established in accordance with
Part III.C.l.a. and III.C.l.b.
a. The compliance boundary must surround the waste fill area and
leachate management system. It must be located on the
Facility property, with a sufficient setback frac the
property boundary to enable the installation of monitoring
points and, if necessary, ground water control features. The
following factors shall also be considered in establishing
the location of the compliance boundary:
1. hydrogeologic factors, including attenuation and
dilution characteristics; ground water quantity,
quality, flow rates, and flow directions; and
anticipated rates and directions of pollutant movement;
2. the feasibility of ground water monitoring at the
compliance boundary;
3. the feasibility of corrective actions to maintain
compliance with ground water quality standards at the
compliance boundary;
4. the volume, carposition, and physical and chemical
characteristics of the leachate;
5. the proximity and withdrawal rates of ground water
users, and the availability of alternative water
supplies; and
DO
6. any other public health, safety, and welfare effects.
b. The compliance boundary shall be proposed on a map of the
Facility. The map shall be sufficiently large scale and
shall include all existing monitoring points related to the
Facility.
C. If the proposed compliance boundary is disapproved by the
Commissioner, then the Commissioner shall specify reasons for
disapproval. The Permittee shall correct the deficiencies
and resubmit the proposed within 21 days of approval.
d. The Permittee shall submit the supporting information as
required by the Commissioner for locating the compliance
boundary.
2. Contingency Action. If the results of the monitoring program
indicate that the Facility resampling trigger limits specified
Part III.C.5. are being exceeded, the Permittee shall .immediately
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 compliance
boundary are in excess of the intervention limits specified in
Part III.C.5; the Permittee must:
a. immediately notify the Commissioner in writing;
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 the
maximum concentration limits specified in Part IIT.C.5., the
Permittee must also:
d. evaluate alternative measures needed to mitigate adverse
impacts of leachate from the Facility on ground water or
surface water; and
e. submit a detailed Remedial Measures Plan for the
Co m.issioner's approval. The Remedial Measures Plan shall be
submitted within 60 days of the determination of exceedance
of the maximum concentration limits and shall describe the
evaluations and conclusions under Part III.C.2.b, c, and d.
All practicable alternatives discussed shall be 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.
-17
3. At or beyond the compliance boundary, the results of resampling
shall not exceed the intervention limits specified in Part
III.C.S.
4. The Commissioner reserves the right to add or modify the
concentration limits specified in Part III.C.S. based on revisions
to the standards or health criteria by the Minnesota Commissioner
of Health.
5. RESAMPLING TRIGGER LIMITS, INIERVERrION LIMITS, AND MAXIMUM
CONCEIRATION LIMITS
ug/1
Resampling Intervention Maximum
Trigger Limits Concentration
Limits Limits
Arsenic
6.0
12
50
Chromium
20
25
50
Lead
5.0
10
20
Nickel
35
70
140
Copper
250
500
1000
Cobalt
1.0
2
2
Cadmium
1.0
2
4
Manganese
400
500
600
Mercury
0.5
1
2
Zinc
350
700
1400
D. Hydrogeologic 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. The Report shall be submitted
within 120 days of issuance of the permit. If the Commissioner
disapproves the Water Monitoring System Report, the Commissioner
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. Site Specific Monitoring Protocol. The Permittee shall submit a
revised Site Specific Monitoring Protocol in accordance with Minn.
Rules pt. 7035.3815, subps. 3.I.1 and 14.H. The report shall be
submitted within 30 days of the Commissioner's approval of the
Water Monitoring System Report.
3. Water Quality Assessment Report. The Permittee shall submit a
water quality assessment 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 Assessment
-18
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. Annual sampling and analysis of the leachate and
supernatant shall be conducted for the parameters listed in
Parts III.A.1 and 2 of this pe=nt.
F. Reports.
1. Quarterly Water Quality Monitoring R rtA water quality
mon-itoring report must be submitted by the Permittee to the
Comnissioner following each sampling event. Submittal dates for
these reports are as follows: April 30 for winter samples, June
30 for spring samples, September 30 for summer samples, and by
February l 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 reports shall
also include the following:
a. the date the sample was collected and each analysis was
completed;
b. sampler's signature and field comments 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 frvrn the surveyed reference point;
h. the volume of water removed in gallons and well volumes
before sampling; and
i. stabilization test results, Attachment 1.
2 Quarterly Operational Reports. The Permittee shall submit
quarterly operational reports to the Commissioner by the 30th of
January, April, July, and October of each year. The quarterly
operational reports shall include, but not be limited to, the
infoanation specifically requested and shown on report forms
Provided by the MPCA and shall also include the following
information:
-19
a. volume of spent bauxite residual disposed of in basin;
b. volume of supernatent and leachate collected and recycled at
the sulfuric acid unit;
C. dates and results of any leachate sampling and analyses; and
d. dates and results of containment dike inspections.
3. Annual Reports. The Permittee shall prepare and submit two copies
of an annual report to the Can nissioner 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 and
7035.2835, subp. 3, item E. At a minimum, 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;
f. proposals for redevelopment 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.
4. All sampling results collected fi a, the Facility monitoring system
shall be submitted to the MPCA within sixty (60) days of sample
collection unless otherwise scheduled in Part III.A.
-20
r
A. The Facility shall be closed in accordance with the approved closure
Plan and with Minn. Rules pt. 7035.2625 and 7035.2635.
B. ContingencyAction 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 thirtyda of final fill
elevations the Permittee shall implment the rclosureg/postclosure plan
in the approved plans, including future amendments, in accordance with
Minn. Rules pt. 7035.2625, 7035.2636, 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 site unless approved by
the Commissioner.
E. Closure Certification. The Permittee shall notify the Camnissioner
when closure is completed and shall submit within 30 days of
construction completion a closure certification for approval by the
CORTnissioner. The certification, signed by an engineer registered in
the state of Minnesota, must certify, with any exceptions listed, that
the closure has been ccopleted 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 has submitted documentation for the
Commissioner's approval which demonstrates the establishment of
financial assurance for the proper closure, postclosure care and
monitoring of the Facility. The documentation shall include an
inflation adjusted cost estimate for closure, long-term care and
monitoring, and a description of the financial instrument(s) which
assure(s) the proper closure and long-term care and monitoring of the
Facility. The MPCA reserves the right to re-evaluate the fund at
one-year intervals to determine its adequacy, and to determine if the
Permittee can be refunded a partial amount of the investment. This
determination may be based on the monitoring results required in
Part IIIA. above.
G. Remedial Investigation Remedial measures for postclosure care are
describers in Parts III -.C.1. through III.C.4.
H. Postclosure Care and Monitoring The Permittee must implement the
following postclosure measures:
1• Tong -term care measures must be instituted tmaintain all slopes,
scales, and monitoring points, and to repair any erosiono and
vegetative damage. The site must be inspected three times per
year for the first five years, and thereafter on a schedule to be
determined by the Commissioner.
2. R^—' nonitcri�_ _=_ _.+=ra as specified in arts
E �_' F• c -= s,all continue for twenty years after
the s_ is ;-y nitcring program will be re-evaluated
:nissic��_ --=_ i;e years. Recc�nmendations may be made
to __:ger increase ___=ase monitoring requirements. The
C res= - - -.._ right to re-evaluate the monitoring
pr'= if the .nor- __ results indicate a need for such a,
If no is detected during this twenty-year
period, monitori..^ - __ase at the site. All wells must be
abandoned in M=' - Rules ch. 4725 when monitoring
cease -s.
PART V. ORAL MIDITION,,
A.
This permit
shall not re__ �_ the Permittee fram any liability,
penalty, cr
duty ills :LLrunesota or federal statutes, or
regulations,
or local crcirances including, but not limited to those
pramlgated
pursuant to '.f _n. stat. chs. 115, 116, 400 and 473. This
permit shall be pernu.ssi-:e _n11J and shall not be construed as stopping
or limiting
any claims aca_-st the Penni.ttee, its agents, contractors,
or assigns,
nor as stcpj7_Lnj _-r limiting any legal claims of the state
against the
Permittee, its agents, contractors, or assigns for damages
to state property, or f^r =e' ,violation of the terms of this permit.
B.
The MPC. -.'s issuance of a ze=.it does not prevent the future adoption
by the :IPQ'A
of pollution cort_rol rules, standards, or orders more
stringent than those ncw ir, existence and does not prevent the
enforcement
of these rules, standards, or orders against the Permittee
C.
The permit does not con ey a property right or an exclusive privilege.
D.
The MPCA's issuance of a pe_rnmi.t does not obligate the MPCA to enforce
local laws,
rules or plans beyond that authorized by Minnesota
statutes.
E. The Permittee shall perf=m the actions of conduct the activity
authorized by the pernit in accordance with the plans and
specifications approved by the _N= and in cmpliance with the
conditions of the permit.
F. The Permittee shall at all tines properly operate and maintain the
Facilities and systens -_f treatment and control and the appurtenances
related to them which are L�s `ailed or used by the Permittee to achieve
compliance with the c^nd-tions of the permit. Proper operation and
maintenance scludes effe✓ti:e-rformance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process
controls, :rcluding appropriate quality assurance procedures. The
Permittee shall install and maintain appropriate back-up or auxiliary
Facilities if they are recessa,7 to achieve compliance with the
conditions cf the permit and, _`or all permits other than hazardous.
waste Facility permits, if these back-up or auxiliary Facilities are
technical!-., and econ-aucall , feasible.
-22
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 MPCA or the Commissioner by
the permit. The Permittee shall immediately upon discovery report to
the Commissioner an error or omission 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 permit or regarding the
conduct of the activity covered by the permit.
I. When authorized by Minn. Stat. §§ 115.04, 115B.17, subd. 4 and
116.091, and upon presentation of proper credentials, the MPGA, or an
authorized employee or agent of the MPCA, shall be allowed by the
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.
J. If the Permittee discovers, through any means, including notification
by the MPCA, that noncampliance 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 from the noncompliance.
K. If the Permittee discovers that noncompliance with a.condition of the
permit has occurred which could endanger human health, public drinking
water supplies, or the environment, the Permittee shall, within 24
hours of discovery of the noncompliance, orally notify the
Commissioner. Within five days of the discovery of the noncompliance
the Permittee shall submit to the Commissioner a written description
of the noncompliance; the cause of the noncompliance, the exact dates
of the period of noncompliance; if the noncompliance 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
noncompliance.
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 noncompliance, the Permittee shall
submit the information listed in K. within 30 days of the discovery of
the noncompliance.
-23
M. The Permittee shall give advance notice to the Commissioner 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
permit.
N. The permit is not transferable to any person without the express
written approval of the MPCA after compliance with the requirementsof
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 permit. To the extent the state and MPGA may be liable for the
activities of its a ployees, that liability is explicitly limited to
that provided in the Tort Claims Act, Minn. Stat. S 3.736.
P. The Commissioner may commence proceedings to modify or revoke this
permit during its teams 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 noncompliance 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 amended by the MPCA. Prior to expiration of
this permit, or to apply for an amended permit the Permittee shall
request that the MPCA review and reissue the permit. To allow for
adequate MPCA review time 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 must also maintain an operating record in
accordance with Minn. Rules pt. 7035.2575 until closure of the
Facility.
-24
U. The Permittee may not start disposal of solid waste in a modified
portion of an existing solid waste management facility until:
1. The CcnnmiSsioner 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 permit;
2. 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.
DATED: September 13, 1991
PERMIT NLMER 226
011'f i . ' ai, .� •,. • . ��:.• rte. •�
James L Warner, P.E.
Division Manager
Ground Water and Solid Waste Division
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KOCH REFINERY'
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Scale in Feet - LOCATION MAP
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94KOCH
KOCH REFINING COMPANY
Mr. Jon Springsted
Environmental Health Services
Dakota County Public Health Department
14955 Galaxie Avenue
Apple Valley, Minnesota 55124
Re: Financial Assurance
Dear Mr. Springsted:
August 26, 1991
Attached for your review is a copy of the trust agreement that Koch Refining
Company has established for the Minnesota Pollution Control Agency for the
Spent Bauxite Disposal Facility Expansion. According to section SI,
subsection 4.A of Dakota County Ordinance No. 110 the attached trust agreement
should also satisfy the County's financial assurance requirements for the
proposed facility.
If you have any questions regarding this information, please do not hesitate
to contact me at 437-0513.
Sincerely,
Anthony G. Foreman
Environmental Engineer
Attachment
cc: Bonnie Nelson, MPCA
Raymond Erickson, Dakota County Public Health Department
Stephan Jilk, City of Rosemount
Lisa Freese, City of Rosemount
Phil Solseng, Barr Engineering Company
P.0_ Box 64596 ■ Saint Paul Minnesnta 55164_p596 . Fi12/437-n7nn
August 16, 1991
Minnesota Pollution
Charles W. Williams,
520 Lafayette Road
St. Paul, Minnesota
First National Bank in Wcnaa
Box One
Wichita, Kansas 67201
Phone 316 383-1111
FIRST NATIONAL BANK
Control Agency
Agency Commissioner
55155
Re: Koch Refining Company, Rosemount, Minn.
Sulfuric Acid Unit -Spent Bauxite Disposal
Facility Expansion
Dear Sir,
Enclosed is a copy of the executed Escrow agreement
between our bank and Koch Refining Company.
Koch Industries has funded this Escrow as is
indicated on Schedule A. It is our understanding
that any release of funds from this Escrow will be
at your direction.
My direct line is 316-383-1257 and for
correspondence:
First National Bank in Wichita
Attn: Chuck Gorney
P.O. Box.One
Wichita, Kansas 67201
Sincerely,
Charles A. Gorney
Assistant Vice President
and Trust- Officer ----� ----
f cc: Roger Hastings, Koch Industries------------^
C
f
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into on
August 15, 1991 by Koch Refining Company a Delaware
corporation, the "Grantor," and First National Bank in Wichita the
"Trustee."
The Minnesota Pollution Control Agency (Agency), an
agency of the state of Minnesota, has established rules
applicable to the Grantor, requiring that an owner or operator
of a solid waste management facility shall provide assurance
that funds will be available when needed for closure and/or
postclosure care of, and/or contingency action for, the
facility.
The Grantor has chosen a trust to provide the financial
assurance for the facilities identified herein.
The Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee.
The Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
a. The term NGrantor" means the owner or operator who
enters into this Agreement and any -successors or assigns of
the Grantor.
b. The term "Trustee" means the Trustee who enters into
this Agreement and any successor Trustee.
C. The term "Beneficiary" means the Minnesota Pollution
Control Agency and any successor agency.
Section 2. Identification of Facilities and Cost
Estimates. This agreement pertains to the facilities and cost
estimates, if any, identified on attached Schedule A.
Section 3. Establishment of Fund. The Grantor and the
Trustee hereby establish a trust fund, the "Fund," for the
benefit of the Agency. The Grantor and the Trustee intend
that no third party have access to the Fund except as herein
provided. The Fund is established initially as consisting of
the property, which is acceptable to the Trustee, described in
Schedule B attached hereto. This property and any other
property subsequently transferred to the Trustee is referred
to as the Fund, together with all earnings, and profits on
earnings, less any payments or distributions made by the
Trustee under this Agreement. The Fund shall be held by the
Trustee, IN TRUST, as hereinafter provided. The Trustee shall
not be responsible nor shall it undertake any responsibility
for the amount or adequacy of, nor any duty to collect from
the Grantor, any payments necessary to discharge any
liabilities of the Grantor established by the Agency.
Section 4. Payment for Contingency Action, Closure, and
Postclosure Care. The Trustee shall make payments from the
Fund as the Agency Commissioner shall specify, in writing, to
provide for the payment of the costs of contingency action,
closure, and/or Postclosure care of the facilities covered by
this Agreement. The Trustee shall reimburse the Grantor or
other persons as specified by the Agency Commissioner from the
Fund for contingency action, closure, and post closure
expenditures in amounts the Agency Commissioner shall specify
in writing. In addition, the Trustee shall refund to the
Grantor the amounts the Agency Commissioner specifies in
writing. Upon refund, these funds shall no longer constitute
part of the Fund as defined herein.
. Section 5. Payments Comprising the Fund. Payments made
to the Trustee for the Fund shall consist of cash or
securities acceptable to the Trustee.
Section 6. Trustee Management. In investing, re-
investing, exchanging, selling, and managing the Fund, the
Trustee shall discharge his or her duties with respect to the
trust fund solely in the interest of the beneficiary and with
the care, skill, prudence, and diligence under the
circumstances then prevailing which persons of prudence,
acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character
and with like aims; except that:
a. securities or other obligations of the Grantor, or
any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940,
United States Code, title 15, section 80a -2(a), shall not be
acquired or held, unless they are securities or other
obligations of the federal or state government;
2
b. the Trustee is authorized to invest the Fund in time
or demand deposits of the Trustee, to the extent insured by an
agency of the federal or state government; and
C. the Trustee is authorized to hold cash awaiting
investment or distribution uninvested for a reasonable time
and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is
expressly authorized in its discretion:
a. to transfer from time to time any or all of the
assets of the Fund to any common, commingled, or collective
trust fund created by the Trustee in which the Fund is
eligible to participate, subject to all of the provisions
thereof, to be commingled with the assets of others
participating therein; and
b. to purchase shares in any investment company
registered under the Investment Company Act of 1940, United
States Code, title 15, sections 80a-1 et seq. including one
which may be created, managed, underwritten, or to which
investment advice is rendered or the shares of which are sold
by the Trustee. The Trustee may vote such shares in its
discretion.
Section 8. Express Powers of Trustee. Without in any
way limiting the powers and discretions conferred upon the
Trustee by the other provisions of this Agreement or by law,
the Trustee is expressly authorized and empowered:
a. to sell, exchange, convey, transfer, or otherwise
dispose of any property held by it, by public or private sale.
No person dealing with the Trustee may be bound to see to the
application of the purchase money or to inquire into the
validity or expediency of a sale or other disposition.
b. to make, execute, acknowledge, and deliver any and
all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out
the powers herein granted.
C. to register any securities held in the Fund in its
own name or in the name of a nominee and to hold any security
in bearer form or in book entry, or to combine certificates
3
representing the securities with certificates of the same
issue held by the Trustee in other fiduciary capacities, or to
deposit or arrange for the deposit of the securities in a
qualified central depository even though, when so deposited,
the securities may merged and held in bulk in the name of
the nominee of the depository with other securities deposited
therein by another person, or to deposit or arrange for the
deposit of any securities issued by the United States
Government, or any agency or instrumentality thereof, with a
federal reserve bank, but the books and records of the Trustee
shall at all times show that all these securities are part of
the Fund.
d. to deposit any cash in the Fund in interest-bearing
accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other
banking institution affiliated with the Trustee, to the extent
insured by an agency of the federal or state government.
Section 9. Taxes and Expenses. All taxes of any kind
that may be assessed or levied against or in respect of the
Fund and all brokerage commissions incurred by the Fund shall
be paid from the Fund. All other expenses incurred by the
Trustee in connection with the administration of this Trust
including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by
the Grantor, and all other proper charges and disbursements of
the Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall
annually, at least 30 days prior to the anniversary date of
establishment of the Fund, furnish to the Grantor and to the
Agency Commissioner a statement confirming the value of the
Trust. Any securities in the fund shall be valued at market
value as of no more than 60 days prior to the anniversary date
of establishment of the Fund. The failure of the Grantor to
object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the Agency
Commissioner shall constitute a conclusively binding assent by
the Grantor, barring the Grantor from asserting any claim or
liability against the Trustee with respect to matters
disclosed in the statement.
Section 11. Advice of Counsel. The trustee may from
time to time consult with counsel, with respect to any
question arising as to the construction of this Agreement or
4
any action to be taken hereunder. The Trustee shall be fully
protected, to the extent permitted by law, in acting upon the
advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be
entitled to reasonable compensation for its services as agreed
upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign
or the Grantor may replace the Trustee, but the resignation or
replacement shall not be effective until the Grantor has
appointdd a.successor trustee and this successor accepts the
appointment. The successor trustee shall have the same powers
and duties as those conferred upon the Trustee hereunder.
Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the
successor trustee the funds and properties then constituting
the Fund. If for any reasons the Grantor cannot or does not
act in the event of the resignation of the Trustee, the
Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The
successor trustee shall specify the date on which it assumes
administration of the trust in a writing sent to the Grantor,
the Agency Commissioner and the present Trustee by certified
mail ten days before the change becomes effective. Any
expenses incurred by the Trustee as a result of any of the
acts contemplated by this Section shall be paid as provided in
Section 9.
Section 14. Instructions to the Trustee. All orders,
requests, and instructions by the Agency to the Trustee shall
be in writing, signed by the Agency Commissioner; and the
Trustee shall act and shall be fully protected in acting in
accordance with the orders, requests, and instructions. The
Trustee shall have the right to assume, in the absence of
written notice to the contrary, that no event constituting a
change or a termination of the authority of any person to act
on behalf of the Grantor or the Agency hereunder has occurred.
The Trustee shall have no duty to act in the absence of
orders, requests-, and instructions from the Agency
Commissioner, except as provided herein.
Section 15. Notice of Nonpayment. The Trustee shall
notify the Grantor and the Agency Commissioner by certified
mail within ten days if no payment is received from the
grantor by the end of the month.- After the pay -in period is
5
completed, the Trustee shall not be required to send a notice
of nonpayment.
Section 16. Amendment of Agreement. This agreement may
be amended by an instrument in writing executed by the
Grantor, the Trustee, and the Agency Commissioner, or by the
Trustee and the Agency Commissioner if the Grantor ceases to
exist.
Section 17. Irrevocability and Termination. Subject to
the right of the parties to amend this Agreement as provided
in Section 13 and in Section 16, this Trust shall be
irrevocable and shall continue until terminated at the written
agreement of the Grantor, the Trustee, and the Agency
Commissioner, or by the Trustee and the Agency Commissioner,
if the Grantor ceases to exist. Upon termination of the
Trust, all remaining trust property, less final trust
administration expenses, shall be delivered to the Grantor or
to any successors or assigns of the Grantor.
Section 18. Immunity and Indemnification. The Trustee
shall not incur personal liability of any nature in connection
with any act or omission, made in good faith, in the
administration of this Trust, or in carrying out any
directions by the Agency Commissioner issued in accordance
with this Agreement. The Trustee shall be indemnified and
saved harmless by the Grantor or from the Trust Fund, or both,
from and against any personal liability to which the Trustee
may be subjected by reason of any act or conduct in its
official capacity, including all expenses reasonably incurred
in its defense in the event the Grantor fails to provide a
defense.
Section 19. Choice of Law. This Agreement shall be
administered, construed, and enforced according to the laws of
the state of Minnesota.
Section 20. Interpretation. As used in this Agreement,
words in the singular include the plural and words in the
plural include the singular. The descriptive headings for
each Section of this Agreement shall not affect the inter-
pretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement
to be executed by their respective officers duly authorized
and their corporate seals to behereuntoaffixed and attested
6
as of the date first above written. The parties below certify
that the wording of this Agreement is identical to the wording
I
pecified in Minnesota Rules, part 7035.2805, subpart 1, as
such rules were constituted on the date of signing.
ATTEST •
cret itle M. D. Wilds
Se
�'. Assistant Treasurer
Com•'
Title H. 1
ATTEST: 1a�
Y 1951
Title A.V.
( S E A L )
State of Kansas
CERTIFICATION OF ACKNOWLEDGEMENT
County of SedGwick
On this August 13 1991, before me personally came
M. D. Wilds to me known, who, being by me duly
sworn, did depose and say that she/he resides at
that he/she is Assistant Treasurer of
Koch Refining Company, a Delaware corporation, the entity
described in and which executed the above instrument; that
he/she knows the seal of said Koch Refining Company, a
Delaware corporation; that the seal affixed to the instrument
is the Koch Refining Company, a Delaware corporation seal
that it was so affixed by order of the Board of Directors of
said Koch Refining Company, a Delaware corporation and that
she/he signed her/his name thereto by like order.
V �--NNX N�
PublRc
My term expires:
NOTARY PUBLIC 1 7
IA5&tSARAH R. ANDREWS
STATE OF KANSAS
My Aoot Fin. Feb. I. IQU
Schedule A
Identification No: SW -226
Facility: Koch Refining Compnay Surfuric Acid
Unit
Spent Bauxite Disposal Facility
Expansion
(The facility consists of 3.8 acres
in Section 19, Township 115 North,
Range 13 West, in the City of
Rosemount of Dakota County,
Minnesota)
Address: 13155 Courthouse Boulevard
Rosemount, Minnesota 55068
CURRENT COST ESTIMATES
Total Cost Estimate for Contingency Action: $281,000.00
Total Cost Estimate for Closure: $219,300.00
Total Cost Estimate for Post -Closure: $170,800.00
TOTAL $671,100.00
(Pity of (Rosemount
PHONE (612) 423-4411 2675 - 145th Street West, Rosemount, Minnesota
FAX (612) 423-5203 Mailing Address:
P. O. Box 510, Rosemount, Minnesota 55068-0510
AFFIDAVIT OF POSTED AND MAILED HEARING NOTICE
KOCH REFINING COMPANY - SPENT BAUXITE FACILITY
INTERIM USE PERMIT APPLICATION
STATE OF MINNESOTA )
COUNTY OF DAKOTA )ss
CITY OF ROSEMOUNT )
Susan M. Walsh, being first duly sworn, deposes and says:
MAYOR
Vernon Napper
COUNCILMEMBERS
Sheila Klassen
John Oxborough
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota.
On October 2, 1991, 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 Application from
Koch Refining Company, enclosed in sealed envelopes, with postage thereon fully prepaid,
addressed to the persons listed on the attached listing at the addresses fisted with their names.
There is delivery service by United States Mail between the place of mailing and the places so
addressed.
Su n M. Walsh/
City Clerk
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this 0 day of , 1991.
6very1hings Cooming (Up gosemounlY
`J !00'A, .ecrcka p.pn
eity of (Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota
FAX (6121 423-5203 Mailing Address:
P. O. Box 510. Rosemount, Minnesota 55068-0510
Public Notice
Koch Refining Company Spent Bauxite Disposal Facility
INTERIM USE PERMIT APPLICATION
13155 Courthouse Boulevard
TO WHOM IT MAY 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 to
consider the item listed below on Tuesday, October 15, 1991 in the Council Chambers of the City
Hail, 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 (Eyi) 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 comer of the Northeast Quarter (NEY,) east on northerly fine 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 (NWY, of NEY,) of Section 19, south 1,085 feet to the
southeast comer of the Northwest Quarter of the Northeast Quarter (NWY, of NEY,), west
1,320 feet to the southwest comer of the Northwest Quarter of Northeast Quarter (NW/, of
NEY,), 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. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
(Sver1Y11iings eomtng fltp osemounll!
KOCH REFU41NG COMPANY SPENT BAUXITE INTERIM USE PERMIT • MAILING LISA
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 34-01800-010-81
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
34-01900-010-02
34-01900-010-04
34-01900-011-10
3401800-010-87
3401800-020-87
3401800-015-88
3401900-010-07
34-01900-011.12
34-01900-010-36
WISCONSIN TOWN LOT CO
KOCH REFINING CO
STATE OF MN - F TAX
165 CANAL ST N
P O BOX 2256
1560 HWY 55
CHICAGO IL 60606-1512
WICHITA KS 67201-2256
HASTINGS MN 55033
NEAL F PAGE
WALBON PTNSHP
PINE BEND DEV CO
4504 64TH ST W
4230 PINE BEND TR
% MELVIN G ASTLEFOR
MINNEAPOLIS MN 55424-1844
ROSEMOUNT MN 55068-2562
1200 HWY 13 W
BURNSVILLE MN 55337
DHB CORP PAUL J NEILAND
STAR RT 2 13250 CLAYTON AV E
P O BOX 207 ROSEMOUNT MN 55068-2719
HIBBING MN 55746-9218
Farmington Independent
AFFIDAVIT OF PUBLICATION
Diane Berge, being duly sworn, on oath says that she is an authoriz-
ed agent and employee of the publisher of the newspaper, known as
The Farmington Independent, and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements con-
stituting qualification as a legal newspaper, as provided by Minnesota
Statutes 331A.02, 331A.07 and other applicable laws, as amended.
(B) The printed tCt
which is attached, was cut from the columns of said newspaper, and
was printed and published once each week fore_
successive weeks; it was first ublished on Thursday, the � r ol day
of O -tkQba2� , 19� and was thereafter printed and
published on every Thursday, to and including Thursday, the
— day of , 19 ; and printed below is a
copy of the lower case alphabet from A to Z, both inclusive, which is
hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice:
abcdefg h ij k Imnopgrst uvwxyz
By: —i Ljam SRL"
Title: Administrator for the Publt h r,
Sub ibed and sworn to before me on this day o
19. �
2
f Public
AFFIDAVIT
�AAMdJAAeAds,�
00:12:08 LISA M. SHERM IM
NOTARY PUBLIC -MINNESOTA
OUN
My CommissioAETes Noov. I 1992
City of Rosemonat.
Public Notice
' Koch Refining Company Spent Bauxite'
Disposal Facility -
INTERIM USE PERMIT: ;
�. APPLICATION
13155 Courthouse Boulevard -
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN,;.
the City .
Council 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 (E 12) of Section 19,
Township 115, Range 18 and part of the
Southeast Quarter (SE 114) of Section 18,
Township, 115, Range 18, commencing at
the northwest corner of the Northeast
Quarter''(NE '1/4)'east on"northerly line'
318.23.feet. to,beginnung,:nOh .26 degrees;;
22 minutes 32 seconds east 239.77 feet to
centerline of State TruftE Highway No. 55 =
southeast on centerline 989 feet to the east
line of the Northwest Quarter of the
Northeast Quarter (NW 1/4 of NE 1/4) of
Section 19, south 1,085 feet to the southeast
corner of the Northwest Quarter of the
Northeast Quarter (NW 1/4 of NE 114), west
1,320 feet to the southwest corner of the
Northwest Quarter of Northeast Quarter
(NW 114 of NE 114), 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 ggestion isownedby
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
/s/ Susan M. Walsh
Susan M. Walsh, City Clerk
Dakota County, Minnesota
1013