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ity of Y River April 2, 1997 Ms. Victoria L. Kreger Site Manager Elk River Landfill, Inc. 22460 Highway 169 NW Elk River, MN 55330 Dear Ms. Kreger: The City of Elk River ("City") is in receipt of your letter dated March 27 and • attached documentation requesting an amendment to the Solid Waster Facility License Agreement ("License"), dated January 16, 1996, and Conditional Use Permit ("CUP"), as amended on January 16, 1996, for Elk River Landfill, Inc. ("ERL"). In your letter, you state that the CUP and License authorize the landfill to be "conducted according to plans approved by the MPCA without the need for further approval by the City each time MPCA makes a modification." The License and CUP do state that the operation of the landfill may be conducted "in accordance with authorization and limitations contained in MPCA Solid Waste Permit No. 74." However, it has and continues to be the City's position that the License and CUP authorize operations consistent with the landfill's existing MPCA permit. When ERL proposed modifications to its MPCA permit, such modifications must also be reviewed and approved by the City through amendments to the License and CUP. The MPCA has consistently stated that it does not have the authority to regulate the final elevation of landfills. In fact, the MPCA has expressly stated in the draft permit reissuance for the landfill that final elevation is to be addressed by the City and Sherburne County. Thus, final elevation of the landfill is a land use issue to be addressed and regulated at the local level. • The current License approved operation and development of the Landfill consistent with a list of 10 plans and reports (see Page 2 of the License). 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425