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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 I 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. 12 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. 13 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 1 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 3 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. 4 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 C 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 7 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. 8 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. 9 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 11 PLAN A 314 G` 111 Pine_ Bend 7 N 8 ile � -- ---- — x 4 \J,. --�_ „ N G 886 ter- 866 \, U \\,--,1���~`��_-1 o, o z D. `'� A - �.\ . f-r•� • I)! • ^• : =-CEIT y/di _ I i - _.�`,_C- (�.. 861 - -) Ilh. ��--,^{�� ��1 �I •�1 "� mal u a. � _° _ -J- -___ �� •�• ,I�:;•r,;�l: •; • :ail _wJ�II � � C ��� _ -�� _ t _� KOCHREFINERY 826'' 56 SAU �.1 SITE SITE:5;\ C, V EA57 29 ° • .. �' 8631! � � _„ - Bim° ' � / - G i} - - i• ° Com,--�_'-�� ��, •r_ Base Map: USGS 7 1/2 Minute Inver Grove Heights Quadrangle 0 2000 4000 Figure 2 I Scale in Feet LOCATION MAP 3 1 I C. H e. IV The day Sys sam par, sam gro' qua; The. add; in Max; Com mod: In Com I. i 2. 3. 4. 5. 21 7. RM The evac mini gas cher 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: -10 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 65 0 - . , — irs�"�''iv " ' �'�{i{' ) ��.4: ^\ r - e f �• �� t'o ` -a' -'� � '} �.I . UT),) F �J 979": \ \ 34 _ I \ Ping Bend �,.' p Z 896�\�.� \ O �. fir+•✓ _, T'27 Nx824 856 �. 866 Q °__•gyp \-t��° �. ��) , •C1 JYI ! _ `•'. o, p< -c • • • - • Cem � o - i- � • - � �.,, � Vit, ? 1 •`/1 _ phi ..i-�-C� • r •:. i1 _ ! l• Djj \\i\ p0'Oq_Ilp_�� KOCH REFINERY' -° 837•x, 56 .. .+ / f. f . ' _. _ _ �' _ �.1•: •• ,\ -� •. I! '^•E - - -^ . _y k.SAU \ -- '\,� `�\Ir• • • CNBC'.` �1SITE SITE:, Gra Base Map: USGS 7 1/2 Minute Inver ove Heights Quadrangle 0 2000 4000 ; r ' ' Figure 2 Scale in Feet - LOCATION MAP r 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