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Metropolitan Council Environmental Services Industrial Discharge Permit will require <br />modification as well as the ERL's Sherburne County Solid Waste License. <br />The ERL has in place an approved Conditional Use Permit and Solid Waste facility <br />License Agreement, which will need to be amended to include the proposed expansion.. <br />With development of the proposed expansion, the landfill will continue to operate as it <br />has in the past, in accordance with the City's requirements. <br />3.14 ERL'S REQUESTED CONDITIONAL USE PERMIT/LICENSE <br />AMENDMENTS FOR THE PROPOSED EXPANSION MUST BE APPROVED <br />City is bound by its prior decision-making. This is especially true with regard to its prior <br />decision-making for a prior application which included the same request. City is thus <br />bound by its October 19; 2009 denial of the ERL's proposed 73.4-acre expansion which <br />included. the approximately 13-acre proposed expansion sought here. <br />The approximately 13-acre portion was a significant part of the ERL's March 30, 2009 <br />73.4-acre expansion application. The approximately 13-acres constituted approximately <br />18% by area of the ERL's requested 73.4-acre landfill expansion. And the approximately <br />13-acre proposed expansion, if approved for landfilling, «rould buy the ERL, 4 to 7 years <br />of additional life. Such additional life would be critical to the ERL if it is forced to <br />pursue alternatives to its requested expansion onto the 108.8-acre southern development <br />area (SDA) property. <br />Tellingly, the City's October 19, 2009 denial of the ERL,'s March 30, 2009 requested <br />73.4-acre landfill expansion identified absolutely no substantive opposition to this <br />approximately 13-acre portion of the request. Unlike the rest of the initial expansion <br />request, the proposed approximately 13-acre expansion is unquestionably all within the <br />SWF overlay district. Rather than substantively oppose the approximately 13-acre <br />expansion, the City instead remarkably represented that "the Landfill already has a CLJP <br />~':u»az~iaocaca>•n~PF'c~~reo Repon_ro:,i (z).aoc 3-16 <br />