6.2. SR 05-19-1997 - Laserfiche WebLink

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7ity of ~,j]C'X~ £11 ' River April 2, 1997 Ms. Victoria L. t~_reger Site Manager Elk River Landfill, Inc. 22460 Highway 169 ,.N~V Elk River, MN 55330 Dear Ms. t~eger: The City of Elk River ("City") is in receipt of your letter dated March 27 and attached documentation requesting an amendment to the Solid Waster Facility License Agreemen~ ("License"), dated January 16, 1996, and Conditional Use Permi~ ("CUP"), as amended on January 16, 1996, for E. lk River Land~]], Inc. ("ERL'). In your letter, you state that the CUP and License authorize the landfil] to be "conducted according to plans approved by the MPCA without the need for further approval by the City each time ~IPCA makes a modification." The License and CUP do state that the operation of the land~]] may be conducted "in accordance with authorization and limitations contained in MPCA Solid Waste Permit No. ?4." However, it has and continues to be the City's position that the License and CUP authorize operations consistent with the landf~]]'s existing MPCA permit. When EEL proposed modifications to its MPCA permit, such modifications must also be reviewed and approved by the City through amendments to the License and CUP. The MPCA has consistently stated that it does not have the authority to res-ulate the final elevation of landfills. In fact, the ~([PCA has expressly stated in the dra~ permit reissuance for the landiS]] that final elevation is to be addressed by the City and Sherburne County. Thus, final elevation of the landt~]] is a land use issue to be addressed and regulated at the local level. The current License approved operation and development of the Landfill consistent with a list of 10 plans and reports (see Page 2 of the License). 13065 Orono Parkxvax' · P.O. Bex zOO · Elk Rive:'. ~I.N .'.-5370 · (~!2" ;;~-';'~'~ ...... =.,.. ,r,~-, ;_~'_-;-~