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Case File: CU 10-08 <br />Pave 7 <br />ERL CUP <br />City of Elk River <br />If denial of such a permit should occur, it shall accompany recommendations or determinations <br />by findings or a report stating how the proposed use does not comply with the standards set <br />forth in Section 30-654. <br />B. City Code Definitions and Standards for Solid Waste Facilities <br />Definition of Solid Waste Facility (Sections 30-1 and 58-91 of the Elk River City Code)(first <br />sentence only): <br />Solid Waste Facility means all property, real or personal, including negative and positive <br />easements, water and air rights, all storm water management facilities, and all buffer areas or <br />buffer zones, which are or maybe required, needed or useful for the processing or disposal of <br />waste and for which processing or disposal of waste a license is required under the provisions of <br />this Code. <br />Provisions of the City Solid Waste Facilities Ordinance: <br />Section 30-1834 (e) <br />(3) Solid Waste Facilities restricted to SWF -Solid Waste Facilities Overlay District. No <br />Solid Waste Facility, including any portion of a Solid Waste Facility, any easements, <br />water or air rights, all storm water management facilities and buffer areas or buffer zones <br />required, needed or useful for the establishment and/or operation of the Solid Waste <br />Facility, with the exception of facilities necessaryfor monitoring the offsite impacts of <br />the facility on ground and surface water, shall be located or operated in the City except <br />in those areas of the City located within the SWF -Solid Waste Facilities Overlay <br />Zoning District. <br />Section 58-100 (b) <br />(b} Location of Solid Waste Facilities. No Solid Waste Facility, including any portion of <br />a Solid Waste Facility, any easements, water or air rights, all storm water management <br />facilities and all buffer areas or buffer zones required, needed or useful for the <br />establishment and/or operation of the Solid Waste Facility, with the exception of <br />facilities necessary for monitoring the offsite impacts of the facility on ground and <br />surface water, shall be located or operated in the City except in those areas of the City <br />located within the SWF -Solid Waste Facilities Overlay Zoning District. <br />~ Section 58-171 (8) <br />(8) 200 feet from the nearest propertywhich is not located within ME SWF -Solid <br />Waste Facilities Overlay Zoning District. <br />C. State Regulations (Minn. Rules, Part 7035.2815, Subp. 5(G <br />(C) Any new fill area at a land disposal facility must be located at least 200 feet from the nearest <br />property line, unless otherwise approved bythe commissioner based on existing filling <br />procedures, existing site structures, the facility design, compliance boundaries, and existing land <br />restrictions. <br />Z:\CommunityDevelopment\P~ann' a Main\Case Files\CUP\CU 10-08 Waste Management\Staff report to CGCU 10-08 - peter.doc <br />