8.3. SR 05-16-2013 - Laserfiche WebLink

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City of Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.3 AGENDA SECTION MEETING DATE PREPARED BY General Business May 6, 2013 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED By Elk River Landfill Compliance Boundary and MPCA Permit Cal Portner, City Administrator REVIEWED BY Peter Beck, City Attorney Matt Ledvina, Environmental Consultant ACTION REQUESTED 1) Review and discuss the proposed Elk River Landfill (ERL) compliance boundary change. 2) Consider a Council-signed letter to the MPCA Commissioner expressing the city's concerns. 3) Consider providing city comments regarding the draft ERL permit during the public notice period and the MPCA Citizen's Board hearing,if held. 4) Provide staff direction regarding the Metro Waste Disposal Restrictions Statute. BACKGROUND/DISCUSSION The Minnesota Pollution Control Agency (MPCA) is in the process of issuing an updated permit for the ERL. During the city's review of the draft permit, a number of items were identified. Staff sent a letter to the MPCA on March 14, 2013,indicating the items and met with MPCA and county staff on April 22, 2013, to discuss the items. The letter is attached. One of the most serious concerns identified pertains to the facility compliance boundary. The compliance boundary represents a line where the ERL is required to meet water quality standards for impacted groundwater which is flowing west of the site. The ERL-proposed compliance boundary extends west of ERL property and incorporates the city trail property inside their boundary. The MPCA rule requirements are outlined in Minnesota Rules 7035.2815, sub. 4. A synopsis provided by MPCA guidance (in part),is as follows: The compliance boundary must be on the facility property, must co*letey surround the landfall, and cannot be more than 200 feet from the 90year fall footprint. To facilitate monitoring and any potential future corrective actions unless othenvise approved by the commissioner, the permittee must maintain a minimum 200 foot setback from the fall and the property boundary. The ERL has indicated that it has an agreement with the city,dated December 28, 1992,which addresses this concern and enables the establishment of the compliance boundary in the proposed location. The city entered into the agreement with the ERL to allow access onto the city property for the purposes of installing monitoring wells and water quality monitoring, not to expand the compliance boundary. NaA f RE]