DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT. Solid Waste Management Facility Permit Permit: SW-580 Vonco II Landfill Action: PER013

Transcription

1 DRAFT Solid Waste Management Facility Permit Permit: SW-580 Vonco II Landfill Action: PER013 In accordance with Minn. Stat. chs. 115, 115A, and 116, and Minn. Rules chs. 7000, 7001, and 7035, the Minnesota Pollution Control Agency (MPCA) hereby issues this permit and authorizes the permittee(s) listed on the following page to construct and operate the Vonco II Landfill, SW- 580 under the conditions set forth in this permit. The facility consists of 159 acres located in: Township 33 N, Range 28 W, Section 18, Sherburne County, in the MPCA Brainerd Region. The facility includes the following waste activity area(s): Demolition Debris Disposal Area Industrial Waste Disposal Area Leachate Spray Irrigation Solid Waste Composting Area Solid Waste Recycling Area Solid Waste Storage Area Yard Waste Composting Area DD001 IL001 LZ001 MC002 RE001 ST001 YC001 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: 05/14/2010 Permit Expiration Date: 05/14/2015 Permit Modified Date: Minnesota Pollution Control Agency Ainars Z. Silis Supervisor, Land Permits Unit Land & Air Compliance Section Industrial Division

2 DRAFT Solid Waste Management Facility Permit Permit: SW-580 Vonco II Landfill Action: PER013 The following permittee(s) are authorized to construct and operate the Vonco II Landfill, SW- 580 under the conditions set forth in this permit. Permittee Activity Owner: Vonco II Demolition Landfill Permittee Land Owner: Vonco II Demolition Landfill Permittee Operator: Full Circle Organics Address: Veit Pl Rogers, MN Address: Veit Pl Rogers, MN Address: Veit Pl Rogers, MN th Ave S Minneapolis, MN 55417

3 1. TOTAL FACILITY 1.1 General Definitions "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 "Permittee" means the landowner, facility owner(s), and facility operator(s) "Facility" has the meaning given in Minn. R , subp "Waste Activity" means the storage, processing, transfer, utilization, treatment, or disposal of solid waste and waste by-products "Waste Activity Area" means the land, structures, monitoring devices, and other appurtenances and improvements on the land associated with a waste activity "Airspace" means the volume for filling with waste, considering all solid waste, daily, intermediate, intermittent and final cover materials, and design restrictions "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, stormwater 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 "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 five-year 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 "follow-on" 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 follow-on disposal space "Class III Demolition Landfill" means a demolition landfill that can accept most industrial wastes in addition to all demolition and construction wastes. Groundwater monitoring, waste screening and a liner and leachate management system are required at this type of facility "ACM" means Asbestos Containing Material "Source Separated Organic Material" means biodegradable organic wastes separated at the point of origin from residential, commercial, institutional, agricultural or industrial facilities for the purpose of processing the waste at a composting facility. Page 1 of 39

4 TOTAL FACILITY General 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 up-to-date 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 occupies approximately 159 acres and is located in Section 18, T33N, R28W, Becker Township, Sherburne County, Minnesota. The facility address is: th Avenue SE Becker, Minnesota Facility History On January 13, 2003, the Minnesota Pollution Control Agency (MPCA) issued permit SW-580 to Vonco Corporation for an unlined demolition debris land disposal facility, to be developed in four phases. The design capacity for the facility was estimated at 16,550,000 cubic yards of airspace. The permit limited development to Phase 1 (Cell 1A - 1I) occupying 31 acres for 2,863,000 cubic yards of permitted capacity Prior to landfill development, a major modification was granted in December 2003 voluntarily incorporating plans to construct lined cells and to allow a 40-acre property exchange to square out the site. The development of Phase 1 was revised to be done in 6 cells (Cells 1A - 1F) rather than nine. The permitted capacity remained the same, but the design capacity increased to 18,059,000 cubic yards. With the construction of a liner system also came the need to provide for leachate collection and storage and to establish financial assurance. The construction of a lined cell also allowed for revised list of acceptable wastes On April 15, 2005, the permit underwent a minor modification to require electronic submittal of groundwater monitoring data. Additional minor modifications were done on August 3, 2006, June 19, 2007, and October 2, 2008, to make amendments to the Limits Tables The permit was modified and reissued on March 23, 2006, authorizing lower base grades and a redesign of the landfill cap for a new design capacity of 18,691,000 cubic yards. The permit authorized construction of a compost pad to control runoff, a landfill leachate holding pond, development of a spray irrigation site for landfill leachate and compost pad runoff, and development of a source separated organic composting operation. Despite all this, composting was not initiated under this permit. Page 2 of 39

5 TOTAL FACILITY General The permit was again modified and reissued on May 14, 2010, to authorize continued development of Phase 1, and development of Phase 2, Cells 2A through 2E, in the south half of the property, and to enhance the liner design, property line setback, and separation to groundwater beginning with Cell 1F. With the redesign, an expanded industrial solid waste list was approved for disposal in Cells 1F and beyond, however, the amount of industrial waste that could be disposed was limited to a maximum of 49 percent of the annual gate receipts. Just prior to the issuance of the May 14, 2010, permit, PFC's were discovered in the leachate. As a result, the permittee abandoned land application of leachate. A minor modification was made on August 6, 2010, to authorize continued development of Phase 1 and development of Phase 2, Cells 2A through 2E, in the south half of the property. Phase 1 will be developed in six cells, Cell 1A through Cell 1F. Cell 1F was constructed in The facility plans have been redrawn to enhance the liner, property line setback, and separation to groundwater of Cell 1F and all Phase 2 cells. With the redesign, an expanded waste list is approved for disposal in Cells 1F and the Phase 2 cells, according to the revised industrial solid waste management plan and operations manual. The disposal limit of 49 percent industrial solid waste based on gate receipts is no longer applicable for Cell 1F and the Phase 2 cells. The redesign resulted in an overall decrease in facility design capacity to 14,763,000 cubic yards. Two minor permit modification in 2011 authorized the relocation of the leachate storage pond to the southwest corner of the facility and installation of passive, vertical gas vents and approved the use of increased payments into the trust fund to meet the requirements for financial assurance. A major modification in 2011 to the permit authorized a change in the final cover slopes from 20 percent to 33 percent and an increase in the final elevations of the landfill from 1035 feet to 1099 feet. The 33 percent slope was designed in accordance with the MPCA Landfill Slope Guidance. As a result of the increased slope and height of the landfill, the ultimate volume of the landfill is 20,910,000 cubic yards including intermittent, intermediate and final cover. In addition, a revised Industrial Solid Waste Management Plan was approved by this major modification. This revised ISWMP incorporates an acceptable waste list for the demolition and industrial waste cells and an updated action limits table. This major modification authorizes Full Circle Organics, LLC to operate a Source Separated Organic Material (SSOM) composting operation at this facility. The SSOM composting operation will compost up to 45,645 tons per year on a 12 acre portion of the facility. The composting operations will consist of a processing building, asphalt active composting pad, asphalt lined contact water collection pond, and gravel finished compost storage pad. The compost operation will be built in two phases, each consisting of 6 acres. Page 3 of 39

6 TOTAL FACILITY General Facility Description Cells 1A through 1E were permitted, constructed and are operating as demolition debris disposal areas. These cells occupy approximately 26 acres in the south western quadrant of the site and have a design and permitted capacity of 4,120,000 cubic yards. This waste activity area is designated as DD001 under this permit Beginning with Cell 1F and progressing through Phases 2 through 4, the landfill is permitted, constructed and is operating as an industrial solid waste disposal area. This waste activity will occupy approximately 120 acres of the site with a design capacity of 15,599,000 cubic yards. This permit limits the development of this waste activity area to Cell 1F and Phase 2 (Cells 2A - 2E) completing development of the southern half of the site for a permitted capacity of 4,222,000 cubic yards. This waste activity is designated as IL001 under this permit The facility includes a solid waste compost area where source separated organic materials, yard waste and wood chips may be composted on an asphalt pad. This waste activity is designated as MC002 under this permit The facility accepts metals, appliances, electronics, cardboard, wood and tires for temporary storage prior to recycling. In addition, the permittee will accept mobile home bodies in order to recycle aluminum siding and steel chassis. This waste activity is designated as RE001 under this permit The facility accepts concrete, asphalt pavement and asphalt shingles for long-term storage prior to recycling. This waste activity is designated as ST001 under this permit Yard waste composting may be conducted adjacent to the organic composting operations. This waste activity is designated YC001 in this permit. Required Notices The permittee must 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 are incorporated into this permit. In addition, the approved version of all pending submittals required by this permit are incorporated into this permit. In all cases where the permit and the plans or submittal 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 May 31, Page 4 of 39

7 TOTAL FACILITY Permit Documents Engineering Documents The engineering documents approved by this permit include the following: Design and Operations Report prepared by ProSource revised November 18, 2002, providing: ==> Engineering Plans/Drawings Sheets 1 through 11 and 8A through 8I Revised Design and Operations Report-Revision 3 prepared by ProSource Technologies, Inc. (ProSource) dated August 18, 2005 providing: ==> Facility Design ==> Operations Manual ==> Plan Sheets 1 through 20 which include site development and closure plans. Response to Comments-Design and Operations Report-Rev. 3 prepared by ProSource dated May 11, Liner Construction Quality Assurance Plan-Revision 3 prepared by ProSource dated August 9, Permit application documents prepared by Carlson Professional Services providing: ==> Design Report-Industrial Landfill, dated February 25, 2010 ==> Operations and Emergency Response Manual-Industrial Landfill, dated February 25, 2010 ==> Leachate Pond Design and Operations Manual, Dated February 25, 2010 ==> Liner Construction Quality Assurance Plan, dated November 25, 2009 ==> Final Cover Construction Quality Assurance Plan, dated November 25, 2009 ==> Preliminary Site Evaluation Report, dated November 25, 2009 ==> Leachate Management Plan, dated November 25, 2009 and ==> Financial Assurance Report, signed November 25, Full Circle Organics - Vonco II Source Separated Organics Compost Facility permit application dated May 2013, and response to comments dated July 12, 2013, prepared by Foth Infrastructure & Environmental, LLC on behalf of Full Circle Organics, LLC Vonco II LLC Process Management Plan QA/QC Protocol (for shingle recycling), dated May 11, 2010, as amended Leachate Pond and Landfill Gas Management Plans prepared by Carlson Professional Services and dated January 13, Design Report - Industrial Landfill prepared by Carlson McCain and dated August 29, Industrial Solid Waste Management Plan - Revision 4 prepared by Carlson McCain and dated August 29, Hydrogeologic Evaluation Documents The hydrogeologic evaluation documents approved by this permit include: 1) Preliminary Site Evaluation Report, Carlson Professional Services, November Page 5 of 39

8 TOTAL FACILITY Permit Documents Previously approved hydrogeologic documents include: 1. Hydrogeologic Evaluation - Phase I Report and Phase II Work Plan (March 8, 2002) 2. Hydrogeologic Evaluation - Phase II Investigation Report (August 15, 2002) 3. Hydrogeologic Evaluation - Phase III Water Monitoring System Work Plan - Phase I (October 23, 2002) 4. Hydrogeologic Evaluation - Phase III Water Monitoring System Report - Phase I (November 22, 2002) 6. Hydrogeologic Evaluation - Field Sampling and Analysis Plan - Phase I (November 22, 2002) 7. Compliance Boundary - Hydrogeologic Evaluation - Phase III Water Monitoring System Report - Phase I (November 22, 2002) 8. Spring 2013 Water Monitoring Report, Vonvo II Landfill (SW-580), Becker Township, Minnesota, Carslon McCain Project No , June 25, 2013 by Carlson McCain. 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 or hydrogeologic plans prior to construction of the affected portion of the 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 Ground Water Quality, Surface Water Quality, Air Quality, and Soil Protection The permittee must locate, design, and 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 Storage Standards A waste activity area where solid waste is stored must be designed in accordance with Minn. R except as provided in, subp. 1 and Minn. R , subp Storm Water Management System The permittee shall construct and certify 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. Page 6 of 39

9 TOTAL FACILITY Design and Construction Criteria The permittee must design and construct a run-on control system to prevent flow onto the waste activity area and a run-off control system to collect and control flow from the waste activity area resulting from a 24-hour, 25-year storm Water Monitoring Systems The permittee must design any proposed future expansions or modifications of the water monitoring system in accordance with Minn. R , subp Construction Plan The permittee must 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 Unless the commissioner orders otherwise, the permittee shall notify appropriate MPCA staff at least ten (10) working days in advance of construction of the facility or any component thereof Construction Certification The permittee must 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 must 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 Personnel Training The permittee must establish and maintain a personnel training program consisting of classroom instruction and on-the-job 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 must maintain a record of all personnel training and submit the dates of training in the annual report. Page 7 of 39

10 TOTAL FACILITY Operating and Maintenance Criteria Operations Manual The permittee must 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 Security The permittee must 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 Roads The permittee must construct and maintain all-weather approach and access roads to all waste activity areas within the facility Storage of Solid Waste The permittee must provide satisfactory storage for all solid waste accumulated at the facility in accordance with Minn. R and Minn. R Nuisance Conditions The permittee must 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 must manage the facility to be in compliance with Minn. R to prevent particulate matter from becoming airborne The permittee must manage all free liquids that have come in contact with solid waste so that the liquids are not discharged as stormwater The permittee must provide effective measures to control flies, rodents and other insects or vermin as necessary Collection and Transportation of Solid Waste The permittee must provide for the proper collection and transportation of solid waste in accordance with Minn. R Unacceptable Wastes The permittee must not accept the wastes identified in Minn. R , subp. 1 for treatment, storage, processing, or disposal Industrial Solid Waste The permittee must 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. Page 8 of 39

11 TOTAL FACILITY Operating and Maintenance Criteria Household Hazardous Waste The permittee must manage household hazardous waste plan for each waste activity as specified in the approved plans and in accordance with Minn. R , subp Stormwater Management System The permittee must 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 The permittee must 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 must 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 must also provide adequate communications equipment for emergency purposes Operating Record The permittee must keep a written operating record at the facility in accordance with Minn. R Self Inspections The permittee must 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 must 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 must maintain a copy of the approved contingency action plan at the facility Closure Plan The permittee must 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 Page 9 of 39

12 TOTAL FACILITY Operating and Maintenance Criteria Postclosure Plan The permittee must 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 Water Monitoring System The permittee must maintain a water monitoring system in compliance with Minn. R , subp. 10. Due to its configuration, this facility does not maintain a separate groundwater monitoring system for each waste activity area. Therefore, the requirements of the groundwater monitoring system shall be described in this section of the permit. 1.5 Monitoring Criteria Water Quality Monitoring As outlined in Minn. R , subp. 12, the commissioner may require water quality monitoring for the disposal area Groundwater Performance Standards The permittee must design, construct, operate, and maintain the disposal area to achieve compliance with the analytical limits set forth in the Limits Table(s) of this permit. These limits are based upon the Minnesota Department of Health, Health Risk Limits (HRL), Health-Based Values (HBV), Risk Assessment Advice (RAA), and Maximum Contaminant Level (MCL) and replace the standards listed in Minn. R , subp. 4, item F, as provided for in Minn. R , subp. 4, item H Compliance Boundary The permittee must establish compliance boundaries according to Minn. R , subp. 4, items A through E Background Water Quality Monitoring The permittee must determine the initial water quality in new monitoring points and monitoring systems, and perform background monitoring as specified in the approved plans and specifications, and in accordance with Minn. R , subp. 14, item E Monitoring Protocol The permittee must develop and keep current a written monitoring protocol for the disposal area as specified in the approved plans and specifications, and in accordance with Minn. R , subp. 14, item G. The permittee must ensure the protocol is followed during sampling and sample analysis. Page 10 of 39

13 TOTAL FACILITY Monitoring Criteria Groundwater Quality Sampling and Analysis The permittee must conduct groundwater quality sampling and analysis as specified in the plan identified in the approved plans and specifications, and in accordance with Minn. R subp. 14 and must include the monitoring stations identified in the Limits Table(s) of this permit. The permittee must conduct the sampling in accordance with the schedule shown in the Limits Table(s) of this permit Leachate Quality Sampling and Analysis The permittee must conduct leachate quality sampling and analysis as specified in the approved plans and specifications, and in accordance with Minn. R subp. 14 and must include the monitoring stations identified in the Limits Table(s) of this permit. The permittee must conduct the sampling in accordance with the schedule shown in the Limits Table(s) of this permit Surface Water Quality Sampling and Analysis The permittee must conduct surface water quality sampling and analysis as specified in the approved plans and specifications, and in accordance with Minn. R subp. 14 and must include the monitoring stations identified in the Limits Table(s) of this permit. The permittee must conduct the sampling in accordance with the schedule shown in the Limits Table(s) of this permit Exceedence of Intervention Limit The permittee must take the actions listed in Minn. R , subp. 4, item G if an intervention limit established in this permit is exceeded. 1.6 Reporting Criteria Annual Facility Report The permittee shall submit two copies an annual facility report for the preceding calendar year in accordance with Minn. R , , subp. 9, item K, , subp. 5, item K, , subp.3, item G, and , subp. 4, item C. The report must 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 Routine Monitoring Reporting The permittee shall submit routine monitoring results to the commissioner by the dates specified in the Required Actions and Submittals Table(s) of this permit. The monitoring results must be accompanied by information sufficient to establish the reliability, precision, and accuracy of the reported values, including the requirements of Minn. R , subp. 14, item P. This report shall contain groundwater sampling results, leachate sampling results, groundwater elevation data. Page 11 of 39

14 TOTAL FACILITY Reporting Criteria Annual Monitoring Evaluation The permittee shall submit an annual water monitoring evaluation report in accordance with Minn. R and , subp. 14, item Q. The permittee shall submit the report to the commissioner, as part of the annual facility report, according to the schedule in the Required Actions and Submittals Table(s) of this permit Electronic Data Reporting The permittee shall submit an electronic copy of all water quality monitoring data for each monitoring event. This data is to include ground water sampling data, leachate sampling data, and ground water elevation data. Electronic data must 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 must 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 Location and elevation data shall be collected for all monitoring stations. Location data must be submitted in Universal Transverse Mercator (UTM) coordinate system, utilizing North American Datum (NAD) 83, zone 15N. Elevation data for monitoring wells must include the elevation of the riser pipe and ground surface. The depth of the well from the top of the riser pipe must also be identified. If existing data is being reported, the surveying method and datum used to collect the information must be identified. 1.7 Contingency Action Criteria Contingency Action Plan The permittee must address all facility waste activities as specified in the approved plans and specifications, and in accordance with Minn. R Contingency Action Procedures The permittee must implement the actions necessary to comply with the contingency action requirements in accordance with Minn. R Emergency Preparedness and Prevention The permittee must maintain and operate a 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 Page 12 of 39

15 TOTAL FACILITY Contingency Action Criteria Emergency Procedures The permittee must take all reasonable containment measures during an emergency and submit a written report to the commissioner in accordance with Minn. R The permittee shall immediately implement its contingency action plan to extinguish any fires that may occur in the waste deposit area The permittee shall provide notice to the MPCA that a fire has occurred and that the contingency action plan has been implemented within 24 hours of the discovery of a fire. 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, the revised plan must identify the actions that will be taken to extinguish the 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. 1.8 Closure Criteria Facility Closure The permittee must 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 must perform closure for each waste activity as specified in the approved plans and specifications, and in accordance with Minn. R The permittee must 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. 1.9 Postclosure Criteria Postclosure Plan The permittee must comply with postclosure requirements as specified in the approved plans and specifications, and in accordance with Minn. R Postclosure Care The permittee must perform postclosure care for a minimum of 20 years in accordance with Minn. R , subp Postclosure Use of Property The permittee must comply with postclosure use of property requirements in accordance with Minn. R , subp. 2. Page 13 of 39

16 TOTAL FACILITY 1.10 Financial Criteria Cost Estimates The permittee shall submit revised closure cost estimates based on the 3:1 slope design by December 1, The permittee must keep the current cost estimates for each waste activity at the facility during the operating life in accordance with Minn. R , subp Financial Assurance The permittee shall establish and maintain financial assurance in accordance with Minn. R to The permittee has established a trust fund to satisfy the financial assurance requirements. The permittee must build the trust fund via monthly payments into the account. The amount of the monthly trust fund payments will be based on the MPCA approved costs for closure, contingency action and postclosure care provided in the annual financial assurance calculations submitted in the Annual Facility Report. In addition, the permittee will increase the monthly trust fund payment by 1/12th of the annual bond premium cost that would otherwise be required to cover the full funding of the MPCA approved contingency action and closure cost minus the value of the trust fund 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. Page 14 of 39

17 TOTAL FACILITY General Conditions 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 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. Page 15 of 39

18 TOTAL FACILITY General Conditions 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 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 Page 16 of 39

19 TOTAL FACILITY General Conditions 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 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 As-built 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 as-built 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. Page 17 of 39

20 TOTAL FACILITY General Conditions 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 Page 18 of 39

21 2. DEMOLITION DEBRIS DISPOSAL AREA DD Design and Construction Criteria Applicability DD001 applies to Cells 1A through 1E of the facility Location Standards The permittee must not locate any proposed future expansion of the Facility disposal area in an area with active karst features including sinkholes, disappearing streams, and caves; or where the topography, geology, or soil is inadequate for protection of ground or surface water Design Requirements The permittee must design any proposed future expansions or modifications of the demolition debris disposal area in accordance with the design requirements outlined in Minn. R , subp Construction Requirements The permittee must construct the phases, cells and water monitoring system of the demolition landfill in accordance with the approved plans and specifications Liner Design The permittee must construct the liner system in accordance with the approved design plans. For this facility, the liner design shall consist of a composite liner of one foot of compacted clay overlain by a 60 mil high density polyethylene geomembrane The permittee may substitute a geosynthetic clay liner (GCL) in place of the compacted clay. The permittee shall remove and replace any GCL that has been hydrated prior to being covered by the overlying material. Hydrated GCL is defined as material that has become soft as determined by squeezing the material with finger pressure or material that has exhibited swelling Leachate Detection, Collection, and Treatment System The disposal area must include a leachate detection, collection, and on-site or off-site treatment system in accordance with Minn. R , subp. 9. Leachate disposal shall be limited to dust control on haul roads on the lined area of the landfill, or off-site disposal Gas Monitoring, Collection and Treatment System The permittee must design any future expansion or modifications of the waste disposal area to include a gas monitoring, collection, and treatment system in accordance with Minn. R , subp. U Intermediate Cover The permittee must place intermediate cover on any cell or phase which will not be covered by a subsequent layer of waste within 30 days. Intermediate cover shall consist of at least 12 inches of un-contaminated, natural soils. Areas that will not receive additional waste for more than 180 days shall be seeded and/or mulched to prevent excessive erosion. Page 19 of 39

22 DEMOLITION DEBRIS DISPOSAL AREA DD 001 Design and Construction Criteria Final Cover Design The permittee must design the final cover system in accordance with Minn. R , subp. 11. The approved cover shall consist of, at a minimum, a 40-mil linear-low density polyethylene (LLDPE), one foot of drainage sand, six inches of rooting zone material and six inches of topsoil. The final cover system is designed and approved to be constructed at a 3:1 slope. 2.2 Operating and Maintenance Criteria Facility Classification In accordance with the definitions identified in Section of this permit, this waste activity area is a Class III demolition landfill. In addition to the items listed as "Acceptable Wastes" below, Class III demolition landfills may accept items identified in the approved ISWMP and incidental non-recyclable packaging consisting of paper, cardboard and plastic Acceptable Wastes The permittee shall accept only the wastes listed as "acceptable C & D wastes" for disposal. Acceptable C&D wastes includes: Bituminous concrete (includes asphalt pavement and blacktop); concrete (including rerod); stone; tree stumps; root balls; uncontaminated soil; masonry (bricks, stucco and plaster); wood (treated and untreated including painted, stained and/or varnished dimensional lumber, pallets, particle board, plywood, fencing and dock materials); siding (includes vinyl, masonite, wood, aluminum and steel); wall coverings; electrical wiring and components; roofing materials; duct work; wall board and sheetrock; built-in cabinetry; plumbing fixtures; affixed carpet and padding; ceramic items; conduit and pipe; glass (limited to window and door glass from buildings and structures); insulation (includes fiberglass, mineral wool, cellulose, polystyrene and newspaper); plastic building parts; sheathing; molded fiberglass; rubber; drain tile; recognizable portions of burned structures; metal; ceiling tile; wood and vinyl flooring; and asbestos containing materials (ACM) pursuant to an approved ISWMP. Page 20 of 39