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gRl~~S ~~a M~R~AN <br />ilk Riven ~i~y Council <br />~a~~ch 15, ~a 1 ~ <br />Fage 4 <br />~'he anl~ stated existing pity fade justificatian far the changes is the first senten.ee of the <br />'idefinition of ~~lid wasta Facility in ~hapte~ 3~ and ,~~ which defines ~olxd wasfie ~`acilities as <br />'all. prope~y, real ar personas , . ~ needed a~ useful for the ~iocessin or dis oral of solid w~st~ , , <br />"' ~'~ ~.t ~, Findfng ~ ~empl~asis added, ~~d, aecarding to Finding ~, ''~t]his de~"znitian of valid <br />waste Facilities has alwa s been. ~nte~ Feted to include ill cow ~nens n~c~ss~r fir ~hc <br />o Brat of a solid waste facility, includi~ag ~•equired buffer areas and buffer zones," I~ at 1, <br />Fln~.ing S ~e~.pl~asis added. whip Finding ~ does not identify file "con~panents necessary far <br />the aperatian" of a landfill ~xd, }, Minn, ~. Ch. ~~3 ~ daes, ~. ~~~ 5 requires a ~I~ landfill to <br />have, among other things, nYQnitaring wells and a ~aadfaat buffe~~. <br />Tie supposed "~~~year history of complying with Phis require~.e~1t" that '"all eamponents <br />necessary for the operation" of the landfill be witb.in the F ove~~lay district is ide~~tifzed as <br />follows: <br />4. since ~ 9~~ry the C~JP far the landfill has been renewed and <br />amended l0 times. <br />~. Begi~~ing with approval of the original C~JP for the Landfill, <br />tbraugh all of the renewals and an~e~ad~~cnts, it has been u~~derstaod that ~h~ ~0~- <br />faat buffer zone provided fo~~ in the ~;UP has been ise aired to be located an <br />~a~~d~ll ra ert within tae ~alzd waste Facilities Qverla ~anin district. <br />~. 'fhe ~~o~foot buffer zone an the e~.s~, west, and. sauth sides of the <br />landfill leas alga s been lacated an landfill xo e within the solid waste <br />Fa~iliti~s„ Overlay ~aiaing l~istr~c~, <br />~~ at ~, F~iadings 4~~ emphasis added}. <br />Czty attorney Feter Beek ~Beck~ focused on this latter ~usti~catian in his larch 12, 2~1a <br />inemoi~ariduzn to pity ~auncil. Beef explained that "the prapased ordinance amendments da not <br />add a requirement that all coinpan.ents of ~ solid waste Facility be located in the solid waste <br />Facility ~averlaY~ I~istriet, Tl~e ordinance has always required that," ~l ~ ill ~ Memo, at ~, <br />Indeed Beek can.eludes his m.einarandurr~. to pity council by clarifying that City "staff <br />recoinine~ds that the pity ~ouneil approve ~e ain.endiBents" o,~ "if it believes" the following <br />t'4~0 pr~pasitl0n,~ t0 be ti'1~.~: <br />(1 ~ "the euri~ent pity bode requires all corripanents of a valid waste Facility, <br />including the requited b~iffer areas, be located within. the valid waste <br />Facilities ~C~vei~lay] district," and <br />