Solid Waste Management Facility Permit Permit: SW 45 Pine Bend Sanitary Landfill Action: PER008

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1 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Solid Waste Management Facility Permit Permit: SW 45 Pine Bend Sanitary Landfill Action: PER008 In accordance with Minn. Stat. chs. 115, 115A, and 116, and Minn. R. chs. 7000, 7001, and 7035, the Minnesota Pollution Control Agency (MPCA) hereby issues this permit and authorizes the permittee listed on the following page to construct and operate the Pine Bend Sanitary Landfill, SW 45, under the conditions set forth in this permit. The facility consists of 255 acres located in: Township 27 North, Range 22 West, Section 33, Dakota County, in the MPCA Metro Region. The facility includes the following waste activity areas: Leachate Recirculation Solid Waste Composting Area Municipal Solid Waste Disposal Area Solid Waste Transfer Area LR001 MC001 SA001 TR001 The determination to issue this permit is discretionary with the MPCA and was made subsequent to MPCA staff review of the permit application. The term commissioner, as used in this permit, refers to the MPCA Commissioner or MPCA personnel who have been delegated explicit authority by the commissioner. Other terms used in this permit are defined in Minnesota Statutes, the MPCA Solid Waste Management Rules, or specifically defined in this permit. Permit Issuance Date: Permit Expiration Date: Minnesota Pollution Control Agency Mike Mondloch Supervisor, Solid Waste Permitting Unit Prevention & Solid Waste Management Section Resource Management & Assistance Division

2 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Solid Waste Management Facility Permit Permit: SW 45 Pine Bend Sanitary Landfill Action: PER008 The following permittee is authorized to construct and operate the Pine Bend Sanitary Landfill, SW 45, under the conditions set forth in this permit. Permittee Activity Owner: BFI Waste Systems of North America, LLC Permittee Land Owner: BFI Waste Systems of North America, LLC Permittee Operator: BFI Waste Systems of North America, LLC Address: th Street East Inver Grove Heights, MN Address: th Street East Inver Grove Heights, MN Address: th Street East Inver Grove Heights, MN 55077

3 Permit SW45 1. TOTAL FACILITY 1.1 General Definitions "ACM" means Asbestos Containing Material "Facility" has the meaning given in Minn. R , subp "Permittee" means the landowner, facility owner(s), and facility operator(s) "Airspace" means the volume for filling with waste, considering all solid waste, daily, intermediate, intermittent and final cover materials, and design restrictions "Waste Activity" means the storage, processing, transfer, utilization, treatment, or disposal of solid waste and waste byproducts "Waste Activity Area" means the land, structures, monitoring devices, and other appurtenances and improvements on the land associated with a waste activity "Design Capacity" means the maximum estimated potential airspace to be occupied by a land disposal facility, including all cover systems. "Design capacity" is used only for planning purposes and is distinct from permitted capacity. "Design capacity" is an estimate dependent on the existing landholdings of the permittee, existing regulations that affect development and design (including required buffer areas, storm water management requirements, and slopes), engineering designs, and site developmental plans. It includes all areas that have been completed, all active areas, and all proposed areas based on the largest design footprint shown on the plan sheets. It is the volume that, upon final closure of the facility, would be occupied by waste (along with all associated materials including cover) measured from the base of the fill to the top of the proposed final cover "Commissioner" means the commissioner of the Minnesota Pollution Control Agency, or any individual who is authorized to review and approve submittals on behalf of the commissioner "Permitted Capacity" means the total airspace volume in cubic yards allowed for disposal at the facility under the most recently issued permit. It includes airspace already filled by previous disposal activities, before the start of the permit; estimated fill volumes to be used during the tenyear term of the current permit, including cover systems; and may also include estimated fill volumes and cover systems that would be used during an additional "followon" period extending up to five years past the current permit's expiration date, provided that the permittee has submitted detailed engineering plans for the use and closure of that followon disposal space. Page 1 of 41

4 Permit SW45 TOTAL FACILITY General "Sourceseparated organic material" means: (1) sourceseparated compostable materials and yard waste, as defined under Minnesota Statutes, section 115A.03, except sanitary products and diapers; (2) vegetative wastes generated from industrial or manufacturing processes that prepare food for human consumption; and (3) compostable materials that meet the standards in ASTM D6400 and ASTM D6868, incorporated by reference under part B. Unless specifically permitted by the commissioner under part , sourceseparated organic material does not include: (1) animal wastes such as manure or carcasses; (2) fish wastes generated from industrial or manufacturing processes; (3) meat byproducts generated from industrial or manufacturing processes; (4) sanitary products; or (5) diapers. C. Sourceseparated organic material does not include: (1) septage; or (2) sewage sludge, as defined in part , subpart "Unadulterated wood" means wood that does not contain contaminants present as a result of manufacturing or use of the wood. Examples of contaminants include paints, varnishes, stains, glues, resins, or chemicals used to prevent rotting Waste Activities The facility waste activities authorized by this permit are limited to those activities described in the Waste Capacity Table of this permit Permit Compliance The permittee shall keep the status of the permit current and uptodate The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the agency, in accordance with all state and federal statutes, rules and regulations, and in compliance with the conditions of the permit Location The facility authorized by this Permit is located on a 255 acre parcel of land in Section 33, Township 27 North, Range 22 West, in the City of Inver Grove Heights, Dakota County, Minnesota Facility History The facility address is: 2495 East 117th Street Inver Grove Heights, MN Page 2 of 41

5 Permit SW45 TOTAL FACILITY General The facility was originally issued a permit on September 7, 1971, based on an application dated July 2, 1971, requesting a capacity of 2,565,000 CY. The permit was issued to the Pine Bend Development Company. On September 25, 1973, the MPCA approved an amended operating plan for the western portion of the landfill and new operating plan for the east side of the facility. The amended new plans requested a total airspace capacity of 16,430,000 CY. A modified permit, issued to Phoenix, Inc. and dated September 9, 1980, allowed an expansion of approved airspace capacity of 4,500,000 CY, resulting in a total airspace capacity of 20,930,000 CY. This permit was later amended on July 27, 1983, to allow an increase in airspace capacity of 66,000 CY and changed the named permittee to Pine Bend Landfill, Incorporated (PBLI). The permit was modified and reissued to PBLI on November 17, 1986, reflecting the requirements of federal rule 40 CFR Part 258 (Subtitle D), even though those regulations did not go into effect until October 9, During the mid 1980's, the requirements of the permits were affected by remedial actions imposed under the Minnesota Environmental Response and Liability Act (MERLA) of This process is called Superfund. See Mn. Statutes Ch. 115B. Under the authorization of Section 17 and 18 of the statute, the MPCA entered into a 1985 Response Order by Consent, which required PBLI to perform a Remedial Investigation and Feasibility Study (RI/FS). The RI/FS investigated possible sources of ground water pollution and the resulting impact on public health and the environment, and required PBLI to design, develop, and implement a response action. On October 23, 1990, the MPCA and PBLI entered into an amended Response Order, reiterating the requirements of the 1985 Order, but also required that PBLI provide an alternative drinking water source for the residental wells affected by the release from the Facility and the adjacent Crosby American Demolition Landfill. In December of 1994, the City of Inver Grove Heights completed a delivery system and began delivery of municipal water to the affected residences. In 1994, the MPCA allowed the termination of the Superfund process based on this permit's ability to act as a vehicle for the monitoring, source control, and remediation of the ground water. The permit was reissued on September 15, 1997, and carried many of these requirements forward from previous permits regarding leachate management and control, gas management, financial assurance, and required remedial action. In addition, the 1997 permit memorialized the total airspace capacity of the Facility at 24,000,000 CY through an April 1993 report entitled, "Evaluation of Airspace Capacity". On January 12, 2004, the permit was modified and reissued allowing for the expansion of the facility to 29,800,000 CY through the development of Phases 4 and 5. The permit was further modified on March 18, 2005, requiring the electronic submittal of ground water data. Minor modifications were made to the permit on June 7, 2005, and January 30, 2006, to make adjustments to the Limits Tables to accomodate the electronic submittal of data. Page 3 of 41

6 Permit SW45 TOTAL FACILITY General The 2009 permit reissuance allowed for the continued construction and operation of the facility with the addition of leachate recirculation in Phases 4 and 5. It also authorized the establishment of a citizen dropoff area for individual citizens to dropoff their waste keeping them off the active working face and away from commercial hauler traffic On October 24, 2013, the MPCA has approved a Gas Migration Investigation Workplan prepared by Wenck Associates, Inc. dated October, The purpose of the Workplan was to repeat the 2006 geoprobe investigation, determine if relocation of gas monitoring probes is feasible, and evaluate the potential gas migration on the west side of the site. The current 2014 permit reissuance doesn't propose major design changes as part of the permit renewal application, but an addendum has been submitted. The addendum is for the proposal to compost source seperated organic material (SSOM) along with yard waste over a composite lined landfill area at the site General Facility Description The primary waste activity is a mixed municipal solid waste (MSW) land disposal area. This area has a closed unlined portion, Phases 1 and 2, with an airspace volume of approximately 15,500,000 cubic yards (CY) in the northernmost part of the Facility. It also has an open lined portion, Phases 3, 4 and 5, with a total airspace capacity of 14,300,000 CY. This permit allows the continued development of the facility and the placement of up to a total airspace capacity of 29,800,000 CY of solid waste and cover materials. This permit does not authorize the placement of hazardous waste as defined by Mn. Rule 7045 or wastes that have not been evaluated pursuant to parts to , or other unacceptable wastes listed in subpart 1 of Mn. Rule Requirements for the MSW landfill are found in SA001 of this permit Restriction on Disposal This permit requires the permittee to comply with Minn. Stat , which prohibits disposal of unprocessed Metropolitan area MSW under certain circumstances when there is processing capacity at MSW processing facilities in the landfill service area. Requirements for restrictions on disposal are located in SA001, Specific Conditions within this permit. There is also a date requirement for submitting a compliance plan in the Required Actions and Submittals section of this permit This permit authorizes recirculation of landfill leachate back into the working face of the landfill. Specific requirements for leachate recirculation can be found in LR001 of this permit. Page 4 of 41

7 Permit SW45 TOTAL FACILITY General This permit authorizes composting source seperated organic material (SSOM) along with yard waste over a composite lined landfill area at the site. SSOM composting shall not be conducted until the odor control plan is revised and approved by the Commissioner. Requirements for composting can be found in MC001 of this permit The facility has a citizen dropoff area designed to allow for a safer means for individual citizens to drop off waste, keeping them out of the working face and away from the larger haul truck traffic. The dropoff area is located just to the east of the main gate and consists of three 40 cubic yard rolloff containers which are emptied on a daily basis. MSW, demolition debris and miscellaneous bulky items may be disposed in these containers. This waste activity area is designated as TR001 under this permit Required Notices The permittee shall notify the MPCA before transferring ownership or operation of a solid waste management facility during its operating life or during postclosure care period in accordance with Minn. R , subp Permit Documents Approved Plans The approved plans and engineering documents are incorporated into this permit. In addition, once approved by the commissioner, the permittee shall comply with all submittals that are submitted in accordance with the terms of this permit. In all cases where the permit and the plans or submittals differ, the requirements of the permit shall govern over a condition in the plan or submittal. The approval by the commissioner of the plans and specifications shall not release the permittee from any present or subsequent requirements of statutes, rules, regulations, or ordinances Permit Application The permit application approved by this permit is signed and dated November 26, Engineering Documents Page 5 of 41

8 Permit SW45 TOTAL FACILITY Permit Documents The engineering documents approved by this permit include, but are not limited to: 1. Application for permit renewal prepared by Wenck Associates, Inc. dated November 2013 that contains: I. Design Report II. Operations and Maintenance Plan III. Closure, Postclosure, Contingency Action, and Financial Assurance Plan IV. Leachate Recirculation Plan V. Engineering Plans/Drawings 2. Addendum to November 2013 Application for Permit Reissuance for a Solid Waste Compost Facility, prepared by Wenck Associates Inc. dated February NonConforming Use Permit issued by the City of Inver Grove Heights dated March 22, Solid Waste License for 2013 and 2014 issued by Dakota County. 5. Stormwater Pollution Prevention Plan dated Special Waste Management Plan dated March Response to Comments prepared by Wenck dated March 26, Gas Migration Investigation Workplan prepared by Wenck dated October, Industrial Solid Waste Management Plan revised May 2014 received via on May 27, Hydrogeologic Evaluation Documents The hydrogeologic evaluation of this facility has been investigated and reported by the following documents: 1. Updated Remedial Investigation (Geraghty & Miller, 1991) 2. Updated Detailed Analysis Report (Geraghty & Miller, 1994) 3. Human Health Risk Assessment (CDM, 1991) through 1996 Annual Water Quality Monitoring Reports (Geraghty & Miller, ) Annual Quality Monitoring Reports (Enecotech Midwest, Inc ) 6. InSitu Bioremediation Pilot Study Final Report (Twelfth Progress Report) (Enecotech Midwest, Inc. Feb, 2001) 7. Natural Attenuation and Groundwater Quality Report, Pine Bend Landfill, Inver Grove Heights, Minnesota, Enecotech, October, Annual Water Quality and Natural Attentuation Monitoring Report (Groundwater & Environmental Services, Inc) Revised Plans Any revised plans shall be submitted for approval by the commissioner. The permittee shall obtain approval from the commissioner on all revised engineering plans prior to construction of the affected portion of the facility. Page 6 of 41

9 Permit SW45 TOTAL FACILITY 1.3 Design and Construction Criteria Location Standards The permittee may not locate, establish, or construct a solid waste management facility in areas designated in Minn. R Groundwater Quality, Surface Water Quality, Air Quality, and Soil Protection The permittee shall construct the facility to prevent pollution of groundwater and surface water, minimize the contamination of soils from solid waste, and maintain the facility in conformance with MPCA air pollution control rules in accordance with Minn. R The permittee shall design any proposed future expansions of the facility in accordance with this rule Storage Standards The permittee shall construct the waste activity area where solid waste is stored in accordance with Minn. R except as provided in, subp. 1 and Minn. R , subp Stormwater Management System The permittee shall construct the stormwater management system for the facility with Best Management Practices to manage stormwater discharge in accordance with the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit for the discharge of stormwater associated with an industrial activity and/or a construction activity. The issuance of this permit does not release the permittee from the obligation to obtain an NPDES/SDS permit The permittee shall design and construct runon/runoff control systems in accordance with 40 CFR The surface water control system for the facility is designed to manage the 100 year, 24 hour Type II storm event of 7.42 inches, and consists of benches, catch basins, drainage piping, downslope piping, Junction vaults, and sedimentation ponds. Surface water discharges are directed to two existing sedimentation ponds. MP43 collects the southwesterly discharge and MP70 collects the northwesterly discharge This permit renewal application confirms that the 1% drainage swales on the final cover design were removed and additional erosion control matting was proposed and the MPCA approved the proposal Construction Plan The permittee shall submit a construction plan to the commissioner for approval prior to construction if the construction plan proposes any major revisions to the approved design Construction Notification The permittee shall notify appropriate MPCA staff at least ten (10) working days in advance of the construction of the facility or any component thereof unless the commissioner orders otherwise Construction Certification Page 7 of 41

10 Permit SW45 TOTAL FACILITY Design and Construction Criteria The permittee shall submit a construction certification for approval by the commissioner in accordance with Minn. R A facility waste activity or any new design feature must not be placed into operation until the construction certification has been approved by the commissioner Alterations and Additions The permittee shall not make any major alterations or additions to the facility that would materially alter the manner in which waste is managed without first obtaining the written consent of the commissioner. 1.4 Operating and Maintenance Criteria Trained / Certified Operator The Permittee shall ensure that the required number of operators, trained or certified under Minn. R and Minn. R to , are present and on duty at all times that the Facility is open for the purpose of receiving waste Security The Permittee shall prevent unauthorized entry onto the Facility in accordance with Minn. R , subp. 3. In addition, the Permittee shall post a sign at the entrance of the Facility and each waste activity area showing the facility name, MPCA permit number, hours of operation, the acceptable waste, and any other relevant information Personnel Training The Permittee shall establish and maintain a personnel training program consisting of classroom instruction and onthejob training. The program must address the requirements identified in Minn. R , subp. 3, and must include the specific training necessary to perform the tasks associated with each solid waste management area within the Facility. The Permittee shall maintain a record of all personnel training and submit the dates of training in the annual report Operations Manual The Permittee shall prepare and maintain an operations and maintenance manual for the Facility. The manual must include operations and maintenance criteria that are specific to each solid waste management area within the Facility Roads The Permittee shall construct and maintain allweather approach and access roads to all waste activity areas within the Facility Storage of Solid Waste The Permittee shall provide satisfactory storage for all solid waste accumulated at the Facility in accordance with Minn. R and Minn. R Nuisance Conditions Page 8 of 41

11 Permit SW45 TOTAL FACILITY Operating and Maintenance Criteria The Permittee shall keep the facility grounds and immediately adjacent property free of litter stemming from the facility operations. The facility grounds and adjacent property shall be inspected and cleared of all litter at least once per week The Permittee shall manage the Facility to be in compliance with Minn. R to prevent particulate matter from becoming airborne The Permittee shall manage all free liquids that have come in contact with solid waste so that the liquids are not discharged as stormwater The Permittee shall provide effective measures to control flies, rodents and other insects or vermin as necessary Collection and Transportation of Solid Waste The Permittee shall provide for the proper collection and transportation of solid waste in accordance with Minn. R Unacceptable Wastes The Permittee shall not accept the wastes identified in Minn. R , subp. 1 for treatment, storage, processing, or disposal Industrial Solid Waste The Permittee shall manage industrial solid waste for each waste activity as specified in the approved plan in accordance with Minn. R , subp. 5. The Permittee must include the information required by Minn. R , subp. 2, items B and C in the annual report for each industrial waste accepted at the Facility The permittee shall analytically reevaluate the chemical characteristics of a candidate nonexempt industrial solid waste every five years or as required by Dakota County Ordinance, unless a Material Safety Data Sheet (MSDS) for a particular waste stream may adequately substitute for analytical data. A list of exempt industrial wastes is found in Dakota County Ordinance 110 and wastes previously approved by Dakota County Household Hazardous Waste The Permittee shall manage household hazardous waste management for each waste activity as specified in the approved plan in accordance with Minn. R , subp Stormwater Management System The Permittee shall operate and maintain the stormwater management system for the Facility with Best Management Practices to manage stormwater discharges in accordance with the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit for the discharge of stormwater associated with an industrial activity and/or a construction activity Groundwater Quality, Surface Water Quality, Air Quality, and Soil Protection Page 9 of 41

12 Permit SW45 TOTAL FACILITY Operating and Maintenance Criteria The Permittee shall operate and maintain the Facility to prevent pollution of groundwater and surface water, minimize the contamination of soils from solid waste, and maintain the facility in conformance with MPCA air pollution control rules in accordance with Minn. R Emergency Equipment The Permittee shall provide and maintain adequate emergency equipment at the facility to control accidental fires, and make arrangements with the local fire protection agency to immediately acquire their services when needed. The Permittee shall also provide adequate communications equipment for emergency purposes Operating Record The Permittee shall keep a written operating record at the Facility in accordance with Minn. R Self Inspections The Permittee shall inspect the Facility in accordance with the schedule and items approved by the Commissioner as defined by Minn. R , subp. 4. The Permittee must record inspections in an inspection log or summary and must keep these records for at least five years Emergency Procedures Manual The Permittee shall maintain a copy of the approved emergency procedures manual at the Facility for facility personnel to use in time of emergency Contingency Action Plan The Permittee shall maintain a copy of the approved contingency action plan at the Facility Closure Plan The Permittee shall maintain a copy of the approved facility closure plan, and all revisions to the plan, at the Facility until closure is completed and certified in accordance with Minn. R , subp Postclosure Plan The Permittee shall maintain a copy of the approved postclosure care plan, and all subsequent amendments, until the postclosure care period begins. During the postclosure care period, the plan must be kept by the contact person identified in Minn. R , subp. 2, item C. 1.5 Reporting Criteria Annual Facility Report Page 10 of 41

13 Permit SW45 TOTAL FACILITY Reporting Criteria The permittee shall submit an annual facility report for the preceding calendar year in accordance with Minn. R When required of a waste activity, the report shall include summary evaluation reports and specific annual reporting requirements. The permittee shall submit the report to the commissioner according to the schedule in the Required Actions and Submittals Table(s) of this permit. The Annual Report shall include a data analysis of the Leachate Extraction wellfield in Phases 1 and 2, and shall specifically evaluate the impact of the wellfield in reducing the leachate head levels in the wells and in the body of the Phase 1 and 2 landfill An annual facility report for the preceding calendar year shall be submitted to the Commissioner by February 1 of each year. The report shall include the information identified in Minn. R and , subp. 13, item S, and include summary evaluation reports and specific annual reporting requirements for each waste activity Electronic Data Reporting The permittee shall submit an electronic copy of all water quality monitoring data including groundwater, leachate and field data for each monitoring event. Electronic data shall be submitted in the format outlined in the MPCA Solid Waste Program Electronic Laboratory Data Submittal Manual which can be found on the MPCA Solid Waste Permitting webpage at The schedule for submitting electronic copies of monitoring data shall follow the schedule outlined for monitoring reports as identified in the Required Actions and Submittals Table(s) of this permit The permittee shall submit a paper copy of all water monitoring reports as outlined in the Required Actions and Submittals Table(s) of this permit unless otherwise specifically directed by the commissioner Monitoring Station Location Information The permittee shall collect location and elevation data for all monitoring points. Location data must be submitted in latitude/longitude coordinates and the datum used shall be identified. Elevation data for monitoring wells shall include the elevation of the riser pipe and ground surface. The depth of wells from the riser pipe shall also be identified. If existing data is being reported the surveying method and datum used to collect this information shall be identified. 1.6 Contingency Action Criteria Contingency Action Plan The permittee shall address all facility waste activities as specified in the approved plans and specifications, and in accordance with Minn. R If a fire occurs in the waste disposal area, the permittee shall immediately implement its contingency action plan to extinguish the fire. Page 11 of 41

14 Permit SW45 TOTAL FACILITY Contingency Action Criteria Within 24 hours of discovery of the fire, the permittee shall provide notice to the MPCA that a fire has occurred and that the contingency action plan has been implemented. If the permittee has not extinguished the fire within two weeks of notice, the permittee shall again notify the MPCA and shall provide the name of the professional engineer that the permittee has hired to develop a revised plan for further fire fighting efforts. The permittee shall submit the revised plan to the MPCA for review and approval within 15 days of the notice to the MPCA that a revised plan is being prepared. To be approved, their revised plan shall identify the action that will be taken to extinguish that fire, including sources for materials and equipment and a timeline for implementation, and must be signed by a registered professional engineer. The permittee shall implement the revised plan upon approval by the MPCA The permittee shall implement the actions necessary to comply with requirements in accordance with Minn. R , subp Contingency Action Procedures The permittee shall implement the actions necessary to comply with the contingency action requirements in accordance with Minn. R Emergency Preparedness and Prevention The permittee shall maintain and operate the facility to minimize the possibility of a fire, explosion, or any release to air, land, or water of pollutants that threaten human health or the environment in accordance with Minn. R Emergency Procedures The permittee shall take all reasonable containment measures during an emergency and submit a written report to the commissioner in accordance with Minn. R Closure Criteria Facility Closure The permittee shall close each waste activity or the entire facility as appropriate, as specified in the approved plans and specifications, and in accordance with Minn. R Closure Procedures The permittee shall perform closure for each waste activity as specified in the approved plans and specifications, and in accordance with Minn. R The permittee shall complete closure activities for the waste activity area in accordance with the closure plan within 180 days following the beginning of closure as specified in the closure procedures above. 1.8 Postclosure Criteria Postclosure Plan The permittee shall comply with postclosure requirements as specified in the approved plans and specifications, and in accordance with Minn. R Page 12 of 41

15 Permit SW45 TOTAL FACILITY Postclosure Criteria Postclosure Care The permittee shall perform postclosure care for each waste activity as specified in the approved plans and specifications, and in accordance with Minn. R , subp Postclosure Use of Property The permittee shall comply with postclosure use of property requirements in accordance with Minn. R , subp Financial Criteria Cost Estimates The permittee shall keep the current cost estimates for each waste activity at the facility during the operating life in accordance with Minn. R , subp General Conditions Release The MPCA's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes, or regulations, or local ordinances including, but not limited to, those promulgated pursuant to Minn. Stat. chs. 115, 115A, 116, 400 and 473. This permit shall be permissive only and shall not be construed as estopping or limiting any claims against the permittee, its agents, contractors, or assigns, nor as estopping or limiting any legal claims of the state against the permittee, its agents, contractors, or assigns for damages to state property, or for any violation of the terms of this permit Future Changes The MPCA's issuance of a permit does not prevent the future adoption by the MPCA of pollution control rules, standards, or enforcement orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or enforcement orders against the permittee Rights and Privilege The permit does not convey a property right or an exclusive privilege Enforcement The MPCA's issuance of a permit does not obligate the MPCA to enforce local laws, rules or plans beyond that authorized by Minnesota Statutes Performance The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the submittals and specifications approved by the MPCA and in compliance with the conditions of the permit Operation and Maintenance Page 13 of 41

16 Permit SW45 TOTAL FACILITY General Conditions The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible Honesty The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the MPCA or the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner an error or omission in these records, reports, submittals or other documents Timely Information Submittal The permittee shall, when requested by the commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit Access When authorized by Minn. Stat , 115B.17, subd. 4 and , and upon presentation of proper credentials, the MPCA, or an authorized employee or agent of the MPCA, shall be allowed by the permittee to enter at reasonable times upon the property of the permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit Discovery of Noncompliance If the permittee discovers, through any means, including notification by the MPCA, that noncompliance with a condition of the permit has occurred, the permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance Notification of Noncompliance Involving an Imminent Threat Page 14 of 41

17 Permit SW45 TOTAL FACILITY General Conditions If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the commissioner. Within five (5) days of the discovery of the noncompliance, the permittee shall submit to the commissioner a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance Reporting of Noncompliance The permittee shall report noncompliance with the permit not reported in the Notification of Noncompliance subheading above by submitting the information listed in Notification of Noncompliance within 30 days of the discovery of the noncompliance Alterations The permittee shall give advance notice to the commissioner as soon as possible of planned physical alterations or additions to the permitted facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or condition of the permit Transferability The permit is not transferable to any person without the express written approval of the MPCA after compliance with the requirements of Minn. R A person to whom the permit has been transferred shall comply with the conditions of the permit Responsibility for Damage The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and MPCA assume no responsibility for damage to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state and MPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat Modifying or Revoking Permit The commissioner may commence proceedings to modify or revoke this permit during its terms if cause exists under Minn. R to Severability The provisions of this permit are severable. If any provision of this permit is held invalid, the remainder of this permit shall not be affected Extensions Page 15 of 41

18 Permit SW45 TOTAL FACILITY General Conditions The permittee may request an extension of the dates set forth in this permit including the submittal and monitoring dates. The request must include justification for requesting the extension of the date. Based on the justification, the commissioner may grant an extension Term of Permit This permit is valid until the expiration date unless revoked or modified by the MPCA pursuant to Minn. R to To allow for adequate MPCA review time and to avoid possible termination of the permit at the time the permit expires, an application for reissuance of the permit must be submitted no later than 180 calendar days before the expiration date of the permit Retention of Records The permittee must maintain records of all groundwater monitoring data and groundwater surface elevations for the active life of the facility and each waste activity and, for disposal activities, for the postclosure care period. The permittee must also maintain an operating record in accordance with Minn. R until closure of each waste activity at the facility Asbuilt Plans The permittee may not start treatment, storage, or disposal of solid waste in a new solid waste management facility or in a modified portion of an existing solid waste management facility until the commissioner has received a letter and asbuilt plans signed by the owner or operator and by an engineer registered in Minnesota certifying that the facility or modified portion of the facility has been constructed in compliance with the conditions of the permit Construction Certification The permittee may not start treatment, storage, or disposal of solid waste in a new solid waste management facility or in a modified portion of an existing solid waste management facility until the commissioner has inspected the new facility or modified portion of the facility and has provided the owner or operator with a letter stating that the certification submitted is complete and approved Financial Assurance The permittee may not start treatment, storage, or disposal of solid waste in a new solid waste management facility or in a modified portion of an existing solid waste management facility until the commissioner has approved the financial assurance amount and instrument to be used for the facility in accordance with Minn. R to Specific Conditions Major Appliances Page 16 of 41

19 Permit SW45 TOTAL FACILITY Specific Conditions The Permittee shall provide a separate storage area for the transfer of major appliances, as defined in Minn. Stat. 115A.03, such that damage to the units is minimized during handling. The Permittee must ensure that the proper removal of hazardous components and refrigerant gases is performed by a certified appliance processor. The Permittee must transfer all appliances offsite at least annually, with the number of appliances recycled and the destination included in the annual report Lead Acid Batteries The Permittee shall provide a storage area for lead acid batteries such that damage to the units is minimized during handling. The storage area must include a secondary containment device to contain any releases Electronics The Permittee shall provide a separate storage area for the storage and transfer of electronics. As used in this Permit, "electronics" includes but is not limited to televisions, computer monitors, computers, microwaves, and other devices that have wiring, circuitry, circuit boards, batteries, and other similar components. The Permittee shall store and manage electronics indoors and in a manner that prevents damage and the release of hazardous components. The Permittee must transport electronics stored at the Facility offsite for recycling or disposal at an appropriate facility at least annually and the Permittee shall note the volume and the destination in the annual report Scrap Metal The Permittee shall provide a separate storage area for the storage of scrap metal. The Permittee shall manage all scrap metal within the designated area on site Tires The Permittee shall identify a designated waste tire storage area. The Permittee may store a maximum of 2,000 passenger tire equivalents (PTE) in this area The Permittee shall maintain all tire piles in a manner that keeps the piles free of vegetation, mosquitoes and rodents The Permittee shall divert surface water drainage around and away from the waste tire storage area The Permittee shall not conduct any operations involving the use of open flames, blow torches, or highly flammable substances within 50 feet of a waste tire pile The Permittee shall arrange for the transportation and disposal of the waste tires by a licensed tire hauler. The Permittee shall include the number of tires transferred, the licensed hauler's MPCA transporter identification number, and the tire disposal destination in the Facility's annual report Concrete The Permittee may provide a separate storage area for the storage of concrete. If the Permittee elects to store concrete in a separate area, the Permittee must crush the concrete on a regular basis, not to exceed three years. Page 17 of 41

20 Permit SW45 2. LEACHATE RECIRCULATION LR Design and Construction Criteria Location of Leachate Recirculation Area The permittee shall only conduct leachate recirculation in approved disposal areas that meet or exceed the liner requirements in Minn. R Subp Leachate recirculation must be vertically above the footprint of the areas approved for recirculation Leachate Distribution Leachate recirculation shall not be conducted within 20 feet vertically of the landfill base liner Leachate Detection, Collection and Treatment System The leachate collection system must include a pumping system, flow measurement devices, leak detection, and head level measurement devices. The system must be designed to collect leachate quantity and quality data separately from each landfill cell approved for leachate recirculation Landfill Gas Control Construction plans and specifications must be submitted before any modifications to the landfill gas control system and a construction certification report shall be submitted subsequent to the modification Temporary Cover System The Commissioner shall allow for the use of a temporary cover system during leachate recirculation. The temporary cover system must comply with the requirements of Minn. R , subp. 6, items D(2), D(6), D(7), and D(9). The permittee has not requested the use of a temporary cover system A temporary cover consisting of natural soil materials must be at least two feet thick and it must contain an organic top layer of six inches capable of oxidizing methane Final Cover System The permittee shall monitor settlement in each landfill cell that has a temporary cover system. Final cover must be constructed over a cell when settlement in a one year period is less than one percent of the waste thickness, or sooner if additional waste will no longer be placed in the cell. 2.2 Operating and Maintenance Criteria Dedicated Operator At least one fulltime, certified operator must be dedicated to the operation of the leachate recirculation system. The dedicated operator must be available during and when leachate is being recirculated Leachate Recirculation System Leachate recirculation may be conducted by surface application at the working face The permittee shall not recirculate leachate or apply leachate to the working face within 20 feet of the base liner. Page 18 of 41

21 Permit SW45 LEACHATE RECIRCULATION LR 001 Operating and Maintenance Criteria The permittee shall suspend leachate recirculation in landfill cells that have a waste moisture content in excess of 35% by weight. The permittee shall ensure that the quantity and rate of leachate recirculation does not result in an exceedance of one foot of head over the liner. The permittee shall consider the precipitation on the cell when considering the quantity of leachate to add to the landfill cell, to maintain compliance with the above conditions Leachate Management Leachate must be recirculated in a manner that allows for dosing and resting cycles Surface Application The permittee shall not apply leachate to the landfill working face in excess of 12,000 gallons per day. The permittee shall not apply leachate to the working face while it's raining and no ponding or runoff shall be permitted at or near the working face. The permittee shall visually confirm that there is no ponding or runoff at the working face during and after each application event Surface application of leachate shall be permitted over waste before the application of daily or intermediate cover, but shall not be conducted during periods of waste acceptance, and shall not be conducted over intermediate cover soils or on frozen waste Equipment Maintenance and Calibration The permittee shall clean and flush the leachate collection piping once every year at a minimum to prevent blockage due to formation of leachate rock in the collection ystem The permittee shall ensure that leachate flow meters and leachate head monitoring devices are calibrated annually The permittee shall maintain the integrity and functionality of the leachate detection, collection, and onsite leachate holding areas capable of preventing a release to the environment in accordance with Minn. R subp. 9 (K) Training Program The permittee shall develop and implement a sitespecific training program for the operation of the leachate recirculation system Odor Management The permittee shall prepare and implement an odor control plan as part of the contingency action plan for the facility Leachate Recirculation Inspections The dedicated operator must inspect the recirculation areas in accordance with the approved inspection schedule. The results of these inspections must be recorded in the Facility's log book kept on site. Any problems detected during the inspection must be addressed immediately and repaired within two weeks of discovery. If weather conditions or equipment availability prevent repair within two weeks, then the permittee shall seek MPCA approval of an alternative schedule. Page 19 of 41