5.1 PCSR 1-10-2012 - Laserfiche WebLink

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WHEREAS, Licensee has applied for a Econditional ~3use Rpermit (the "Permit") and a solid Wwaste Ffacility I/license (the "License") for a Resource n..°°°^°;~° ni^~t ^~a ~~°~^•• n°°°-.°^• ~°°:',~. c*^*:°~Recovery Proiect (the "FyProiect") to consist of: a) The Resource Processing ~yPlant~; b) The Energy Recovery lac-ili~yStation FE~S~; and c) The movement of vehicles transporting municipal solid waste ("MSW"), refuse derived fuel ("RDF"), recyclable materials, 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 applications for a conditional use permit and a solid waste facility license-fi~e- u°...,:,:. °~a *w;° r ;°°~°°, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard; and WHEREAS, on January 17, 2012, the City of Elk River City Council approved a Conditional Use Permit (the "Permit") for the Rae-ftityProject. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Licensee is hereby granted a Solid Waste Facilities License (the "License") for the ~Proiect, subject to the terms, conditions and qualifications hereinafter stated, to wit: AGREEMENT 1.) Incorporation by Reference. (O1) Recitals. The above Recitals are incorporated by reference. (02) Application Materials. All documents, factual information and material statements of fact made by Licensee and/or prior operators of the RaeilityProiect in connection with the Application for a conditional use permit for the Baeil-i~yProject, for Amended Conditional Use Permit No. 86- 01, for Amended Conditional Use Permit No. 87-10 and for this License, are incorporated by reference in this License, and operation of the 1t31Project in violation of such documents, information and/or statements shall be considered a violation of the terms and conditions of this License. (03) MPCA Permits. MPCA Permit and Regulations. 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 liac~li~yProj_ect, are specifically incorporated into this License and Licensee 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 Page 2