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<br />Planning Commission Minutes <br />April 23, 1991 <br /> <br />Page 5 <br /> <br />. <br /> <br />in 1988. The City Council will also be considering a license renewal <br />for the landfill. When the original permit was issued, the issues <br />centered around what should take place at the landfill. The renewal <br />centers more on the timing of those activities. There are two <br />outstanding items left: 1) Final cover on the north slope of the <br />original cell. Staff would like to see this happen as soon as <br />possible. 2) The remedial investigation being concluded so a <br />feasibility study and implementation of remedial actions can follow as <br />soon as possible, as to intercept contamination leaving the site. <br /> <br />Matt Ledvina, Bruce A. Liesch Associates, Inc., introduced the timing <br />issues. Staff is in agreement with the Landfill on the timing of the <br />tasks except remedial investigation and final cover on the north slope <br />of the original landfill site. Mr. Ledvina stated that the Landfill <br />should go ahead with the remedial investigation as the landfill has <br />received all the approvals that are necessary from the City and MPCA. <br />He stated that there are no technical reasons to delay the series of <br />tasks by a year. Staff feels it's important that the final cover be <br />applied as soon as possible to prevent contamination from occurring. <br /> <br />. <br /> <br />Chris Kreger of the Elk River Landfill, explained his time table. He <br />stated that Mr. Rohlf and Mr. Ledvina requested some type of schedule <br />that could be inserted into the conditional use permit and license for <br />the Elk River Landfill. Mr. Kreger contended that he could not meet <br />staff's time frame for the remedial investigation because of financial <br />reasons. Mr. Kreger further stated that the final cover situation has <br />to do more with physical constraints rather than financial <br />constraints. They are trying to work with an adjacent property owner <br />to the north to obtain a portion of his property in order to modify <br />their slope to meet current regulations. <br /> <br />Mr. Kreger responded to the "what if" clause in staff's memo. He felt <br />this type of penalty on the facility would not get the project done any <br />faster. He stated that he was going to make every possible effort to <br />meet the time table. It is very difficult to budget for these types of <br />things. <br /> <br />Steve Rohlf addressed the "what if" clause. He stated the "what if" <br />clause includes no new businesses being allowed, no co-disposal being <br />accepted, and no contaminated soils being accepted if the time frame is <br />not adhered to without good cause. <br /> <br />Mr. Rohlf distributed a letter from Mary Wenck, Solid Waste Officer for <br />Sherburne County, stating that the County staff is in agreement with <br />staff regarding the issues identified as being critical. Mr. Rohlf <br />stated that he would like Ms. Wenck's letter to be entered into the <br />public record. <br /> <br />. <br /> <br />Peter Beck, City Attorney, explained that the "what if" clause was <br />staff's attempt to find a solution short of revoking the conditional <br />use permit. There has to be some way of enforcing the terms of the <br />conditional use permit. The intent is to encourage the Elk River <br />Landfill to devote more of its resources to addressing these <br />environmental issues faster. <br />