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Oty of <br /> Elk = , <br /> River <br /> 13065 Orono Parkway <br /> Elk River,MN 55330 <br /> May 14, 2013 <br /> John Linc Stine <br /> MPCA Commissioner <br /> 520 Lafayette Road <br /> St. Paul Minnesota 55155-4194 <br /> RE: City of Elk River Comments - Elk River Landfill Solid Waste Management Facility Permit, <br /> SW-74, February, 2013 Draft Permit <br /> Dear Mr. Stine: <br /> On behalf of the City Council, the City of Elk River (City) has received and reviewed a copy of the <br /> draft Solid Waste Management Facility Permit, SW-74, for Waste Management, Inc. (WMI), Elk <br /> River Landfill (ERL). The draft was included in email correspondence to the City on February 26, <br /> 2013. The City provided comments to the draft permit on March 14, 2013, and met with MPCA <br /> staff on Monday,April 22, 2013, to discuss those comments. <br /> As stated in the March 14, 2013, letter to the MPCA, the City remains opposed to the location of <br /> the compliance boundary in the draft permit. The ERL has identified alternative compliance <br /> boundaries in subsequent submittals to the City and the MPCA. Most recently, the 2012 Annual <br /> Water Quality Report contains Figure 2 which indicates the compliance boundary in a location <br /> approximately 300 feet west of the location shown in the approved compliance boundary. <br /> ERL's proposed compliance boundary incorporates the City trail property which is contrary to the <br /> MPCA rule requirements as outlined in Minn. R. 7035.2815, subp. 4: and a synopsis provided by <br /> MPCA guidance (in part),is as follows: <br /> The compliance boundary must be on the facility property, must completely surround the landfall, and <br /> cannot be more than 200 feet from the >0year fall footprint. To facilitate monitoring and any <br /> potential future corrective actions unless otbenvise approved by the commissioner, the permittee must <br /> maintain a minimum 200 foot setback from the fall and the property boundary. <br /> The ERL has indicated that it has an agreement with the City, dated December 28, 1992, which <br /> addresses this concern and enables the compliance boundary in the proposed location. The <br /> referenced agreement is a License Agreement which allows access onto the City property for the <br /> limited purposes of installing monitoring wells and water quality monitoring. The License <br /> Agreement does not convey any property interest in the City property to the ERL and does not <br /> provide for expanding the compliance boundary to include or cross City property. <br /> Phone: 763.635.1000 <br /> Fax: 763.635.1090 P 0 W E R 1 0 O Y <br /> www.ci.elk-river.mmus INAIUREI <br />