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5.4. SR 05-17-2010
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5.4. SR 05-17-2010
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5/26/2010 3:05:21 PM
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5/14/2010 2:29:55 PM
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5/17/2010
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Solid waste facility means all property, real or personal, including negative and <br />positive easements and water and air rights, ((1)] which is or may be needed or useful <br />for the processing or disposal of waste and for [(2)] which processin ~ o€., r disposal of~ <br />waste a license is required under the provisions of this article. Solid waste facility <br />includes, but is not limited to, transfer stations; sanitarylandfills; solid waste <br />processing facilities, including resource recovery and waste reduction facilities; and <br />waste burning facilities, including incinerators, boilers and other facilities for burning <br />processed or unprocessed solid waste. <br />Id. (italics in original; underlining and bracketed information added). <br />Likewise, City Code § 58-91 specifically defines "[s]anitary landfill" as follows: <br />Sanitary lcrrrdfill means a solid waste facility employing a method of disposing of <br />solid waste on or into land by various forms of [(1)] excavation, [(2)] placement, [(3)] <br />burial, [(4)] compaction, or [(5)] covering, without creating nuisances or hazards to <br />public health or safety, by utilizing the principles of engineering to confine the solid <br />waste to the smallest practical at•ea, to reduce it to the smallest practical volume, and <br />to cover it with a layer of earth at the conclusion of each day's operation, or at such <br />more frequent intervals as may be required by the state pollution control agency. or <br />the city. <br />Id (italics in original; underlining and bracketed information added). Stated otherwise, <br />City Code defines "sanitary landfill" as limited to the "dis cos al of solid waste on or into <br />land by various forms." (Emphasis added). And none of the f ve "various forms" of <br />"dispos[al]" - i.e., "[(1)] excavation, [(2)] placement, [(3)] burial, [(4)] compaction, or <br />[(5)] compaction" -includes either a 200-foot buffer requirement or a requirement that <br />the buffer be within the SWF overlay district. <br />MPCA similarly defines "[d]isposal facility" (Minn. Stat. § 115A.03, subd. 10; Minn. R. <br />7035.0300, subp. 34), "[f]acility" (Minn. R. 7035.0300, subp. 37), and "[m]ixed <br />municipal solid waste land disposal facility" (Minn. R. 7035.0300, subp. 64) as limited to <br />where waste is disposed of, exclusive of the buffer or setback area. <br />b. City Code has no other applicable "setback" requirement <br />T:\0742\I4D[\CilyAppFeb\FEB Reparl_finnl (2).doc ~? -2 1 <br />
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