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11. Minnesota Rules, part 7035.2815, subd. SC, provides that, "any new fill area at a <br />land disposal facility must be located at least 200 feet from the nearest property line, unless <br />otherwise approved by the Commissioner based on existing filling procedures, existing site <br />structures, the facility design, compliance boundaries, and existing land restrictions." <br />12. Although the City received a letter from the adjoining landowner to the south of <br />the Landfill stating that "agreements and arrangements are in place that will allow Elk River <br />Landfill, Inc. to acquire the necessary property from us for the expansion requests," the City has <br />received no evidence that the existing property line has been relocated, nor that the agreements <br />and arrangements referred to will move the property line 200 or more feet from the proposed fill <br />area and bring the proposed expansion into compliance with the state regulation. Nor has the <br />City received any evidence that the Commissioner has granted the Landfill an approval pursuant <br />to the state regulation. Therefore, the City Council finds that the proposed Application does not <br />comply with the state regulation set forth above. <br />13. Sections 30-1 (in the City Zoning Ordinance) and 58-91 (in the City Solid Waste <br />Facilities Ordinance) of the Elk River City Code define Solid Waste Facility. The first sentence <br />of each of those sections reads as follows: <br />Solid Waste Facility means all property, real or personal, including <br />negative and positive easements, water and air rights, all storm water <br />management facilities, and all buffer areas or buffer zones, which are or <br />may be required, needed or useful for the processing or disposal of waste <br />and for which processing or disposal of waste a license is required under <br />the provisions of this Code. <br />14. Section 30-1834(e) (in the City Zoning Ordinance) of the Elk River City Code <br />provides: <br />(e) Solid Waste Facilities restricted to SWF -Solid Waste Facilities <br />Overlay District. No Solid Waste Facility, including any portion of a <br />Solid Waste Facility, any easements, water or air rights, all storm water <br />