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The City does not approve of the MPCA or ERL including the City's trail in the compliance <br /> boundary of the facility. MPCA rules require that the compliance boundary be on the facility <br /> property. The ERL has no property interest in the City trail property and extending the compliance <br /> boundary across the property would violate the rule. The City's License Agreement allowing the <br /> ERL to access the City trail property to install monitoring wells will not be amended to allow the <br /> compliance boundary to be in the location depicted in the draft permit. The City recommends the <br /> MPCA change the location of the compliance boundary to remain consistent with state rules prior <br /> to this permit's public notice. <br /> Lastly,unrelated to the comment letter,but concerning the draft permit, the Council approved a <br /> resolution on August 20, 2012, supporting prompt enforcement of Minnesota Statutes, Section, <br /> 473.848,Metro Wlaste Disposal Restrictions, restricting the disposal of unprocessed mixed municipal <br /> solid waste generated in the metropolitan area by landfill. The draft permit does not reflect how the <br /> MPCA will enforce the statute. The City recommends this being addressed in the ERL permit. <br /> Thank you for the opportunity to provide comments on the draft permit for Elk River Landfill. <br /> Sincerely, <br /> John Dietz,Mayor <br /> City of Elk River <br /> cc: Cal Portner, City Administrator <br /> Peter Beck, City Attorney <br /> Suzanne Fischer, Community Operations &Development Director <br /> Matt Ledvina, City Environmental Consultant <br /> Dave Lucas, Sherburne County <br /> General Manager, Elk River Landfill <br />