5.1 PCSR 1-10-2012 - Laserfiche WebLink

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WHEREAS, Permittee has applied for a Econditional muse gpermit (the "Permit") for a Resource n.-„°°°°~~~ of°.,t °.,a ~.,°....., D°,.,,.,°..., c°,.:~:+., e.°+;,,.. Recovery Project (the "yProjecf') to consist of: a) The Resource Processing ~ae+4ifyPlant; b) The Energy Recovery Eae+l-i~E~Station; and c) The movement of vehicles transporting municipal solid waste ("MSW"), refuse derived fuel ("RDF"), recyclable material, rejected municipal solid waste ("Rejects") and incinerated RDF ash; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the application for thhe-a conditional use Izpermit, at which hearings all citizens of the City of Elk River and other interested parties have been properly notified and have had the opportunity to be heard. NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Elk River, that Permittee is hereby granted a conditional use permit (the "Permit") for the Eae-i+it~yProiect, subject to the terms, conditions and qualitications hereinafter stated, to wit: AGREEMENT 1.) Incorporation by Reference. (Ol) Recitals. The above Recitals are incorporated by reference. (02) Application Materials. All documents, factual information and material statements of fact made by Permittee and/or prior operators of the F~i~i~yProject in connection with the Application for the Permit, for Amended Conditional Use Permit No. 86-01 and for Amended Conditional Use Permit No. 87-10, are incorporated by reference in this Permit, and operation of the Eae-ilit-yProiect in violation of such documents, information and/or statements shall be considered a violation of the terms and conditions of this Permit. (03) MPCA Permits. The terms and conditions of Combined Air and Solid Waste Permit No. 14100003-005 for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the "MPCA Permit°'), and all MPCA Regulations applicable to the Easi~i~yProject, are specifically incorporated into this Permit and Permittee shall comply with all such terms and conditions including, without limitation, the "Special Conditions," Special Conditions Relating to RDF and Solid Waste," and "General Conditions" of the MPCA Permit. Any violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the terms and conditions of this Permit. (04) Solid Waste Facilities Ordinance. The ~~Proiect and Permittee must at all times fully comply with the City License and requirements of Chapter 58, Article III of the city Code, including specifically Sections 58-193, 58-194, 58-213 and 58-214. Any Ya};e 2