Solid Waste Facility Permit Permittee: Facility name: Crow Wing County MMSW Landfill Crow Wing County MMSW Landfill 15732 State Highway 210 Brainerd, MN 56401-5724 Crow Wing County Issuance date: Modification date: Expiration date: 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 facility under the conditions set forth in this permit. 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. This permit is effective on the issuance date identified above, and supersedes the previous permit that was issued for this facility. This permit expires at midnight on the expiration date identified above. Signature: This document has been electronically signed. Michael Mondloch Supervisor Solid Waste Permitting Unit Resource Management & Assistance Division for the Minnesota Pollution Control Agency
Table of Contents 1. List of Permittees... 3 2. Permitted facility description... 4 3. Permit requirements... 5 4. Waste capacity table... 30 5. Submittal/Action requirements... 31 6. Monitoring stations... 31 7. Monitoring groups... 32 8. Sampling and monitoring requirements... 33 Page
Permit expires: Page 3 of 54 1. List of Permittees The following Permittee(s) are authorized to construct and operate the Crow Wing County MMSW Landfill,, under the conditions set forth in this permit. Permittee activity owner: Crow Wing County Solid Waste Management 15728 State Highway 210 Brainerd, MN 56401-5724 Permittee land owner: Crow Wing County Solid Waste Management 15728 State Highway 210 Brainerd MN 56401-5724 Permittee operator: Crow Wing County Solid Waste Management 15728 State Highway 210 Brainerd MN 56401-5724
Permit expires: Page 4 of 54 2. Permitted facility description The Crow Wing County MMSW Landfill (Facility) is located at: 15732 State Highway 210 Brainerd, MN 56401-5724 Crow Wing County
Permit expires: Page 5 of 54 3. Permit requirements Crow Wing County MMSW Landfill 3.1.1 "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. 3.1.2 "Design capacity" means the total volume of compacted solid waste, topsoil, intermittent, intermediate, and final cover specified in the facility permit, as calculated from final contour and cross-sectional plan sheets that define the areal and vertical extent of the fill area. 3.1.3 "Facility" has the meaning given in Minn. R. 7035.0300, subp. 37. 3.1.4 "Mixed municipal solid waste" (MMSW) has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21. 3.1.5 "Mixed municipal solid waste land disposal facility" means a site used for the disposal of mixed municipal solid waste in or on the land. 3.1.6 "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 ten-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. 3.1.7 "Permittee" means the landowner, facility owner(s), and facility operator(s). 3.1.8 "Waste Activity" means the storage, processing, transfer, utilization, treatment, or disposal of solid waste and waste by-products. 3.1.9 "Waste Activity Area" means the land, structures, monitoring devices, and other appurtenances and improvements on the land associated with a waste activity. 3.1.10 The Crow Wing County Mixed Municipal Solid Waste (MMSW) Landfill (facility) is six miles northeast of the City of Brainerd and two miles southwest of the City of Riverton on State Highway 210. The facility is located on 564 acres in parts of Sections 25, 26 and 36, T46N, R30W, Oak Lawn Township, Crow Wing County. Permitted Owner Contact Information: Crow Wing County Solid Waste Coordinator Crow Wing County Landfill 15728 Highway 210 Brainerd, MN 56401-3522 phone: 218-824-1290 3.1.11 The lined MMSW landfill,, was originally permitted by the Minnesota Pollution Control Agency (MPCA or Agency) in August 1991. The permit approved the design of a 2 Cell, 9.6 acre landfill and authorized construction of Cells 1and 2, for 620,000 cubic yards (cy) ultimate capacity. The permitted capacity for this permit was initially set at 37,000 cy, corresponding to the 1992 Certificate of Need (CON) capacity. A new 10-year CON was issued in 1993 for 599,164 cy of municipal solid waste (MSW). Cell 1 (6.4 acres with 273,473 cy capacity) was constructed in 1991 and Cell 2 (3.2 acres with 346,719 cy capacity) was constructed in 1995. A 2.29 acre area of Cell 1 was closed in 1996. Under this permit, three leachate treatment ponds were constructed. The land application of treated leachate on the closed SW-111 landfill was initiated after public notice of the EAW in 1994. The land application system was designed to treat 1,650,000 gallons per year so long as treatment objectives were met (1994 EAW Findings of Fact). The facility received approximately 32,600 tons of MSW per year during this permit term.
Permit expires: Page 6 of 54 3.1.12 As part of permit reissuance procedures, an EAW public noticed in 1995 proposed a third cell for an ultimate landfill capacity of 847,600 cy. The permit was reissued in June 1996. This permit included reopening a portion of the Cell 1 closure area to recapture airspace and construction of Cell 3. The permit authorized disposal of 428,687 cy of remaining MSW CON capacity. The facility began recirculating leachate in 1998 as a demonstration project as part of the Agency Phase I Leachate Recirculation Pilot Study. The landfill received approximately 33,200 tons per year of waste during this permit cycle. 3.1.13 As part of permit reissuance procedures, an EAW was public noticed in 1999 which identified a landfill design with 5 cells and an ultimate capacity of 1,967,800 cy. The permit was reissued in April 2001 and approved the plans for the 5-cell, 22.5 acre landfill design. Cell 3 was constructed in 2001 and began receiving waste in January 2002. Cell 3 is 4.5 acres with a capacity of 311,328 cubic yards. The plans approved by this permit modified the hydraulic loading to the leachate land application site to base volume applied on precipitation. In August 2002 the 2001 permit was modified to incorporate a recirculation to energy demonstration project as part of the leachate recirculation pilot study being conducted by the Agency. The recirculation project was limited to existing Cells 1, 2 and 3. Approval was also granted to compost yard waste on the intermediate cover crown of Cells 1 and 2 and spray treated leachate onto the composting yard waste. The facility received approximately 43,000 tons of MMSW per year during the permit cycle. The Agency modified the 2001 permit in March 2005 to require electronic transfer of groundwater monitoring data. The Agency made a minor modification to the permit in August 2006 to standardize units for reporting monitoring data. 3.1.14 The 2007 permit authorized continued MMSW disposal operations, leachate recirculation, construction of a fourth leachate holding pond and a landfill redesign to combine Cells 4 and 5. The constructed waste footprint for Cells 1-4 is 22.5 acres. There was approximately 974,297 cy in-place as of October 2006 (2006 annual report). The site had a projected remaining life of approximately 11 years. With the redesign and steeper slopes the design capacity was approximately 1,997,050 cy, an increase of 29,267 cy from the previous design. The 2.5 million gallon pond four was built in 2007 and the landfill gas collection system was installed in 2008. 3.1.15 A Major Permit Modification in 2008 authorized: 1. ongoing recirculation of landfill leachate outside the pilot project. A Leachate Recirculation Demonstration Closeout Report dated May 2008 was submitted by RW Beck. This report was approved in a letter from MPCA staff to close out the demonstration project and allow continued leachate recirculation in all landfill cells. 2. incorporation of an 83.66 acre parcel into the landfill permitted property, which was adjacent to previously permitted property. The permitted landfill property was expanded to a total of approximately 564 acres. 3. land application of pre-treated landfill leachate on 36 acres south of the treatment ponds. An application titled Land Application of Landfill Leachate for Landfill dated June 2008 was prepared by RW Beck. An active gas collection system including a flare and gas utilization in a boiler to heat a newly constructed storage building and the maintenance building was put into operation in ember 2008.
Permit expires: Page 7 of 54 3.1.16 Facility operations include the MMSW landfill as one element of an integrated waste disposal system at the 564-acre landfill site. Other permitted activities of the waste disposal system at the site under this permit include the following: - Resident's self-haul drop-off dock - Yard waste collection for composting with MMSW leachate - Brush collection for burning under a DNR burning permit - Recycling drop-off center for cardboard, newsprint, glass and metal cans - Household appliance and waste metal collection area - Used oil, oil filter and antifreeze collection area - Battery collection area - Waste tire storage area - Electronics collection/transfer area - Mattress collection and storage building Other waste activities that are under separate permits at the site include: - Household hazardous waste building with a product exchange room - Closed lined paper mill sludge monofill (Potlatch, Corp. SW-533) - Open unlined demolition debris landfill (SW-440) - Closed unlined MMSW landfill (SW-111) 3.1.17 The facility is open Monday through Friday year round, and on Saturday from April through October. The facility is closed New Years Day, Thanksgiving Day and Christmas Day. 3.1.18 The current constructed waste footprint for Cells 1-4 is 22.5 acres. The permitted MMSW capacity is approximately 1,997,050 cubic yards. There was approximately 1,752,605 cy of waste & cover soils as of the Oct 31, 2018 annual survey. None of the disposal cells have received final cover, except a 1.87 acre partial closure of Cell 1, and filling is currently occurring in Cell 4. The site has a projected remaining life of approximately two years. Therefore, the permitted capacity and the design capacity are 1,997,050 cubic yards. The leachate management system for the MMSW Landfill () consists of the following elements: leachate collection, leak detection, recirculation, pretreatment, and ultimate disposal. Ultimate leachate disposal is primarily by on-site land application, while hauling to Brainerd Public Utilities Commission (BPUC) Wastewater Treatment Plant, the City of St. Cloud Wastewater Treatment Plant or to the Twin Cities at a Metropolitan Council-Environmental Services (MCES) facility are maintained as seldom used backup disposal options. Before being land applied or hauled for disposal, the leachate is pretreated in aerated ponds. The land application of leachate is discussed further in LZ002 within this permit. [No mapping from migration] 3.1.19 Leachate recirculation provides leachate treatment, waste stabilization, increased landfill gas generation and optimizes landfill capacity through accelerated settling. The approved recirculation methods and conditions specific to leachate recirculation are discussed in LR001 under this permit. 3.1.20 The permit application includes a design drawing that depicts a large expansion to the west of the landfill. The expansion is not approved and will need to undergo environmental review, permitting, and certificate of need before being approved for MSW disposal operations. The proposed future expansion, although not part of this permit, has a footprint of 37.3 acres and would provide 7,300,000 cubic yards of airspace. 3.1.21 The permit application form for this permit was signed and dated April 10, 2013. The application for major modification of the permit was signed and dated February 12, 2018. This major permit modification authorizes construction of Cell 5 to the north of Cell 4. Cell 5 will provide 462,699 cubic yards of airspace to provide capacity until 2025. With Cell 5, the permitted and design capacity is 2,459,749. Additional capacity beyond Cell 5 will require the submittal of an EAW. [No mapping from migration]
Permit expires: Page 8 of 54 3.1.22 Minn. Statute 115A.917 provides that no new capacity for disposal of MSW may be permitted in counties outside the metropolitan area without a CON from the Commissioner of the MPCA. The MPCA must determine that additional MSW disposal capacity is needed in the county. Minn. Statute 115A.917 provides that a CON may not be issued until the county has a Solid Waste Management Plan (Plan) approved by the MPCA under Minn. Statute 115A.46. The Plan was approved by the MPCA, and it included projections of MSW and industrial waste generation. The MPCA issued MSW CON capacity of 638,400 cubic yards beginning January 8, 2014. 3.1.23 The facility waste activities authorized by this permit are limited to those activities described in the Waste Capacity Table of this permit. 3.1.24 The permittee shall keep the status of the permit current and up-to-date. 3.1.25 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. 3.1.26 The following variances from Minn. Rules are provided in this permit. 7035.2535, Subp. 1 (G): Liquids in the form of leachate and gas condensate recirculation and dewatered pond sludge that is determined to be non-hazardous up to the maximum wet weight of liquid in the waste mass as specified in this permit. 7035.2815, Subp. 13(B): Slopes to maintain inward drainage of rain water. 7035.2815, Subp. 16(A): Closure delayed until settlement stability attained, as defined in this permit. 7035.2815, Subp. 6 (E): Final cover drainage sand does not need to be compacted. 7035.2815, Subp. 13 (U): Two feet of blown straw or hay and monitored with thermocouples rather than six feet of waste for frost protection. The following variance requests were denied. 7035.2685, Subp. 1(A): Denied request to use different, long term, inflation and discount rates for financial assurance calculations. 7035.2815, Subp. 6(B): Denied request to use a spray applied alternative intermediate cover. [No mapping from migration] 3.1.27 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. 7035.2535, subp. 2. [Minn. R. 7035.2535, subp. 2] 3.1.28 The permit application approved by this permit is signed and dated April 10, 2013.
Permit expires: Page 9 of 54 3.1.29 The engineering documents approved by this permit include: Permit Reissuance, Crow Wing County Landfill prepared,, by RW Beck and dated April 2013; 1. Introduction 2. Landfill Design 3. Construction Quality Assurance/Quality Control Plan 4. Operations and Maintenance Manual 5. Leachate Management Plan 6. Environmental Monitoring Plan 7. Closure/Post-Closure Plan 8. Emergency Preparedness and Prevention Manual 9. Contingency Action Plan 10. Landfill gas management plan 11. Drawings and plan sheets Industrial Solid Waste Management Plan, prepared by RW Beck, dated March 2013. Financial Assurance Cost Revisions dated August 29, 2014, Table 2, Table 3 and Table 4 (Current Rates) prepared by Burns & McDonnell. Permit Modification, February 2018, includes an application for a major modification to the facility permit, including: 1. Revised design for Cell 5 to be built to the North of Cell 4, 2. Construction of Pond 5, 3. Shifting compost operations to Cells 3 and 4. [No mapping from migration] 3.1.30 Hydrogeologic evaluation documents approved prior to the issuance of this permit remain approved by this permit, as long as approvals granted pursuant to the previous permit are in agreement with the conditions of this permit. Any hydrogeologic documents not approved prior to the issuance of this permit will be approved by their own individual approval letter. The permit incorporates all previously approved hydrogeologic documents. The approval of documents by the Commissioner shall not release the permittee from present or future requirements of statutes, rules, regulations or ordinances. 3.1.31 The hydrogeologic evaluation documents approved by this permit include: 1. Phase I Preliminary Investigation submitted by Braun, dated February 1990 2. Phase II Detailed Site Investigation Report submitted by Braun/Hong West/RW Beck, dated May 1990 3. Revised Phase II Hydrogeologic Evaluation submitted by Braun, dated November 1991 4. EMS Installation Report submitted by Braun, dated ember 1991 5. Water Quality Monitoring Protocol submitted by NETS, dated October 1996 6. Hydrogeologic Investigation dated ember 1, 1998, approved January 29, 1999 7. Permit Reissuance submitted by RW Beck dated September 1998, with modifications dated July 1999 and June 2000 8. Proposed Compliance Boundary map dated April 24, 2007 submitted by RW Beck. 9. Phase I/Phase II Hydrogeologic Evaluation Report by Burns & McDonnell, May 31, 2017. [No mapping from migration] 3.1.32 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. 3.1.33 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.
Permit expires: Page 10 of 54 3.1.34 The permittee may not locate, establish, or construct a solid waste management facility in areas designated in Minn. R. 7035.2555. [Minn. R. 7035.2555] 3.1.35 The permittee must locate, design, and construct the facility to prevent pollution of ground water 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. 7035.2565. [Minn. R. 7035.2565] 3.1.36 A waste activity area where solid waste is stored must be designed in accordance with Minn. R. 7035.2855 except as provided in, subp. 1 and Minn. R. 7035.2525, subp. 2. [Minn. R. 7035.2855] 3.1.37 The permittee shall construct and certify the storm water management system for the facility with Best Management Practices to manage storm water discharge in accordance with the National Pollutant Discharge Elimination System/State Disposal System (NPDES) Permit for the discharge of storm water associated with an industrial activity and/or a construction activity. 3.1.38 The permittee shall obtain and comply with a general industrial stormwater permit and the site specific stormwater pollution prevention plan. 3.1.39 The permittee must design and construct run-on/run-off control systems in accordance with 40 CFR 258.26. This requires that the design controls at least the volume of runoff resulting from a 25-year, 24- hour storm. 3.1.40 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. 3.1.41 The permittee shall submit construction plans and specifications to the commissioner 10 working days prior to the proposed start of construction of any project related to the facility, other than routine repairs, maintenance of existing equipment, the installation of leachate recirculation laterals, or installation of landfill gas collectors that was approved under the permit. Along with the construction plans and specifications, the permittee shall submit a certification as provided in part 7001.3150 that certifies that the construction plans submitted do not deviate from design plans previously reviewed and approved by the MPCA, or that the construction plans submitted deviate from the design plans previously reviewed and approved by the MPCA, but that the deviation from the approved design plans is not significant. If the certification is for construction plans or specifications that deviate from approved design plans, the permittee shall include a statement of reasons why the change is not significant. For construction plans or specifications that deviate significantly from approved design plans, the permittee shall obtain approval of the change from the commissioner prior to proceeding to bid the project. Significant changes must be approved and the modified design plans incorporated into the permit as a minor amendment or major amendment, as appropriate, prior to construction. If the commissioner agrees that a change is not significant, no permit amendment is required. For purposes of this provision, a "significant" change is one that has the potential to increase risk to human health or the environment. 3.1.42 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. 3.1.43 The permittee must submit a construction certification for approval by the commissioner in accordance with Minn. R. 7035.2610. 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. [Minn. R. 7035.2610] 3.1.44 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. 3.1.45 The permittee must ensure that the required number of operators, trained or certified under Minn. R. 7035.2545 and Minn. R. 7048.0100 to 7048.1300, are present and on duty at all times that the facility is open for the purpose of receiving waste. [Minn. R. 7048..0100 to 1300, Minn. R. 7035.2545] 3.1.46 The permittee must prevent unauthorized entry onto the facility in accordance with Minn. R. 7035.2535, subp. 3. In addition, the permittee shall post a sign at the entrance of the facility showing the facility name, MPCA permit numbers, hours of operation, the acceptable waste, and any other relevant information. The permittee shall also provide signage directing customers to the proper disposal location and signage at each waste activity area.
Permit expires: Page 11 of 54 3.1.47 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. 7035.2545, 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. [Minn. R. 7035.2545, subp. 3] 3.1.48 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. 3.1.49 The permittee must construct and maintain all-weather approach and access roads to all waste activity areas within the facility. 3.1.50 The permittee must provide satisfactory storage for all solid waste accumulated at the facility in accordance with Minn. R. 7035.0700 and Minn. R. 7035.2855. [Minn. R. 7035.0700, Minn. R. 7035.2855] 3.1.51 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 month. 3.1.52 The permittee must manage the facility to be in compliance with Minn. R. 7011.0150. The permittee shall take reasonable precautions to prevent the discharge of visible fugitive emissions beyond the property line of the facility. The commissioner may require such reasonable measures as may be necessary to prevent particulate matter from becoming airborne. The permittee may apply leachate to roads within the lined area of the landfill for dust control. A one quarter inch application per event shall be the limit for application. The permittee shall use only clean water for dust control if customers are or could be in the vicinity. The permittee shall not apply leachate to roads off of the lined footprint of the landfill for dust control. [No mapping from migration] 3.1.53 The permittee must manage all free liquids that have come in contact with solid waste so that the liquids are not discharged as storm water. 3.1.54 The permittee must provide effective measures to control flies, rodents and other insects or vermin as necessary. 3.1.55 The permittee must provide for the proper collection and transportation of solid waste in accordance with Minn. R. 7035.0800. [Minn. R. 7035.0800] 3.1.56 The permittee must not accept the wastes identified in Minn. R. 7035.2535, subp. 1 for treatment, storage, processing, or disposal. [Minn. R. 7035.2535, subp. 1] 3.1.57 The permittee must manage industrial solid waste for each waste activity as specified in the approved plan in accordance with Minn. R. 7035.2535, subp. 5. The permittee must include the information required by Minn. R. 7035.2575, subp. 2, items B and C in the operating record for each industrial waste accepted at the facility. The permittee must provide in the annual report the type of waste, the quantity received and the disposal area for each industrial waste accepted for disposal. 3.1.58 The permittee must manage household hazardous waste for each waste activity as specified in the approved plan in accordance with Minn. R. 7035.2535, subp. 6. 3.1.59 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. 3.1.60 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. 7035.2565. [Minn. R. 7035.2565]
Permit expires: Page 12 of 54 3.1.61 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. 3.1.62 The permittee must keep a written operating record at the facility in accordance with Minn. R. 7035.2575. [Minn. R. 7035.2575, subp. 2, Minn. R. 7035.2575] 3.1.63 The permittee must inspect the facility in accordance with the schedule and items approved by the commissioner as defined by Minn. R. 7035.2535, subp. 4. The permittee must record inspections in an inspection log or summary and must keep these records for at least five years. [Minn. R. 7035.2535, subp. 4] 3.1.64 The permittee must maintain a copy of the approved emergency procedures manual at the facility for facility personnel to use in time of emergency. [Minn. R. 7035.2595, subp. 5] 3.1.65 The permittee must maintain a copy of the approved contingency action plan at the facility. [Minn. R. 7035.2615] 3.1.66 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. 7035.2635, subp. 3. 3.1.67 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. 7035.2645, subp. 2, item C. [Minn. R. 7035.2645] 3.1.68 If the landfill leachate exceeds an intervention limit for PFCs then the permittee must sample spray field soils at minimum once per year for PFCs in accordance the MPCA-approved Sampling and Analysis Plan. 3.1.69 The permittee shall submit an annual facility report for the preceding calendar year in accordance with Minn. R. 7035.2585. When required of a waste activity, 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. [Minn. R. 7035.2585] 3.1.70 The permittee shall report the types and quantities of each industrial solid waste accepted for disposal at the facility and the location of the disposal. 3.1.71 The permittee shall submit an electronic copy of all water quality monitoring data for each monitoring event. 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 http://www.pca.state.mn.us/waste/swpermits.html#data. 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. 3.1.72 Location and elevation data shall be collected for all monitoring points. Prior to collecting this information a work plan shall be submitted for Commissioner approval which outlines the proposed methods to be used. Location data must be submitted in latitude/longitude coordinates and the datum used must be identified. Elevation data for monitoring wells must include the elevation of the riser pipe and ground surface. The depth of wells from the riser pipe must also be identified. If existing data is being reported the surveying method and datum used to collect this information must be identified. 3.1.73 The permittee shall address all facility waste activities in the approved plan in accordance with Minn. R. 7035.2615. [Minn. R. 7035.2615] 3.1.74 The permittee must implement the actions necessary to comply with requirements in accordance with Minn. R. 7035.2815, subp. 15.
Permit expires: Page 13 of 54 3.1.75 If a fire occurs in the waste deposit area, the permittee shall immediately implement its contingency action plan to extinguish the fire. 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, 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. 3.1.76 The permittee must design, construct, 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 and the environment in accordance with Minn. R. 7035.2595. [Minn. R. 7035.2595] 3.1.77 The permittee must take all reasonable containment measures during an emergency and submit a written report to the commissioner in accordance with Minn. R. 7035.2605. [Minn. R. 7035.2605] 3.1.78 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. 7035.2625. [Minn. R. 7035.2625, subp. 2] 3.1.79 The permittee must meet the closure requirements specified in Minn. R. 7035.2815, subp. 16, item A except in areas where leachate recirculation is approved by the Commissioner. In landfill Cells approved for leachate recirculation, the Commissioner may approve a temporary cover until settlement stability is achieved. 3.1.80 The permittee must perform closure for each waste activity as specified in the approved plans and specifications, and in accordance with Minn. R. 7035.2635. [Minn. R. 7035.2635] 3.1.81 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. 3.1.82 The permittee must comply with postclosure requirements as specified in the approved plans and specifications, and in accordance with Minn. R. 7035.2645. [Minn. R. 7035.2645] 3.1.83 The permittee must perform postclosure care for each waste activity as specified in the approved plans and specifications, and in accordance with Minn. R. 7035.2655, subp. 1. [Minn. R. 7035.2655, subp. 1] 3.1.84 The permittee must comply with postclosure use of property requirements in accordance with Minn. R. 7035.2655, subp. 2. [Minn. R. 7035.2655, subp. 2] 3.1.85 The permittee must keep the current cost estimates for each waste activity at the facility during the operating life in accordance with Minn. R. 7035.2685, subp. 2. [Minn. R. 7035.2685] 3.1.86 The permittee shall establish and maintain financial assurance in accordance with Minn. R. 7035.2665 to 7035.2805. The permittee has established a dedicated long-term care trust fund for compliance with this requirement. The financial assurance obligation is subject to change annually because it is based on inflation and discount rates, and is adjusted to closure and post-closure scope of work. 3.1.87 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. [Minn. R. 7001.0150, subp. 3(A)]
Permit expires: Page 14 of 54 3.1.88 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. [Minn. R. 7001.0150, subp. 3(B)] 3.1.89 The Commissioner may modify the facility permit in accordance with Minn. R. 7001.0190 and 7001.3550. Where required by Minnesota Rules, the Commissioner shall obtain the consent of the permittee prior to modifying the facility permit. 3.1.90 The permit does not convey a property right or an exclusive privilege. [Minn. R. 7001.0150, subp. 3(C)] 3.1.91 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. [Minn. R. 7001.0150, subp. 3(D)] 3.1.92 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. [Minn. R. 7001.0150, subp. 3(E)] 3.1.93 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. [Minn. R. 7001.0150, subp. 3(F)] 3.1.94 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. [Minn. R. 7001.0150, subp. 3(G)] 3.1.95 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. [Minn. R. 7001.0150, subp. 3(H)] 3.1.96 When authorized by Minn. Stat. 115.04, 115B.17, subd. 4 and 116.091, 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. [Minn. R. 7001.0150, subp. 3(I)] 3.1.97 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. [Minn. R. 7001.0150, subp. 3(J)] 3.1.98 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. [Minn. R. 7001.0150, subp. 3(K)] 3.1.99 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. [Minn. R. 7001.0150, subp. 3(L)]
Permit expires: Page 15 of 54 3.1.100 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. [Minn. R. 7001.0150, subp. 3(M)] 3.1.101 The permit is not transferable to any person without the express written approval of the MPCA after compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit. [Minn. R. 7001.0150, subp. 3(N)] 3.1.102 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. 3.736. [Minn. R. 7001.0150, subp. 3(O)] 3.1.103 The commissioner may commence proceedings to modify or revoke this permit during its terms if cause exists under Minn. R. 7001.0170 to 7001.0180. [Minn. R. 7001.0170 to 0180] 3.1.104 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. 3.1.105 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. [Minn. R. 7001.0190, subp. 3(B)] 3.1.106 This permit is valid until the expiration date unless revoked or modified by the MPCA pursuant to Minn. R. 7001.0170 to 7001.0180. 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. [Minn. R. 7001.3500, subp. 1, Minn. R. 7001.0150, subp. 1] 3.1.107 The permittee must maintain records of all ground water monitoring data and ground water 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. 7035.2575 until closure of each waste activity at the facility. [Minn. R. 7001.3500, subp. 3(A)] 3.1.108 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. [Minn. R. 7001.3500, subp. 3(B)] 3.1.109 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. [Minn. R. 7001.3500, subp. 3(B)2] 3.1.110 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. 7035.2665 to 7035.2805. [Minn. R. 7001.3500, subp. 3(B)3] 3.1.111 The permittee must 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. Unless otherwise approved by the commissioner, the permittee must transfer all appliances off-site at least annually, with the amount of appliances recycled and the destination included in the annual report.
Permit expires: Page 16 of 54 3.1.112 The permittee must 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. 3.1.113 The permittee must 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 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 off-site 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. 3.1.114 The permittee must provide a separate storage area for the storage of scrap metal. The permittee must manage all scrap metal within the designated area on site. 3.1.115 The permittee must identify a designated waste tire storage area. The permittee may store a maximum of 10,000 waste tires in this area. 3.1.116 The permittee must maintain all tire piles in a manner that keeps the piles free of vegetation, mosquitoes and rodents. [Minn. R. 9220.0450, subp.3(h)] 3.1.117 The permittee must divert surface water drainage around and away from the waste tire storage area. [Minn. R. 9220.0450, subp.3(i)] 3.1.118 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. 3.1.119 The permittee must 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. SA 001 MSW Disposal Area 3.2.1 The disposal area must be located in accordance with Minn. R. 7035.2555 and Minn. R. 7035.2815, subp. 2. [Minn. R. 7035.2815, subp. 2] 3.2.2 At a minimum, all major design features must incorporate the construction requirements of Minn. R. 7035.2815, subp. 12. into the project specifications. [Minn. R. 7035.2815, subp. 12] 3.2.3 The disposal area must be designed in accordance with Minn. R. 7035.2815, subp. 5. [Minn. R. 7035.2815, subp. 5] 3.2.4 The cover system must comply with the requirements of Minn. R. 7035.2815, subp. 6, item D. [Minn. R. 7035.2815, subp. 6(D & E)] 3.2.5 The approved final cover profile for 3:1 or 4:1 slopes consists of the following from landfill surface to waste: 1. Minimum of six inches of vegetated topsoil or compost amended topsoil; 2. Eighteen inches of rooting zone soil; 3. Geonet geocomposite; 4. 40-mil linear low density polyethylene (LLDPE) geomembrane, textured both sides; 5. Six inch buffer soil layer; 6. Twelve inch intermediate cover soil; 7. Mixed municipal solid waste. The approved final cover profile for slopes of 5:1 or less will have the same profile as above with the following changes. 1. The rooting zone soils will be 12 inches rather than 18 inches. 2. A twelve inch layer of drainage sand will replace the geonet geocomposite. This drainage sand shall have a permeability of 0.01 cm/second or greater and a maximum of 2 percent fines (P200 content). 3. The LLDPE geomembrane may be smooth rather than textured.
Permit expires: Page 17 of 54 3.2.6 The liner system must comply with the requirements of Minn. R. 7035.2815, subp. 7. [Minn. R. 7035.2815, subp. 7] 3.2.7 The approved liner system consists of the following from waste to native soil: 1. Mixed municipal solid waste; 2. Eighteen inches of drainage sand; 3. 60-mil high density polyethylene (HDPE) liner geomembrane, textured; 4. Twenty four inches of compacted clay; 5. Smooth native soil subgrade. 3.2.8 Soils intended for use as cover or liner material must be evaluated in accordance with Minn. R. 7035.2815, subp. 8, and the specifications in the approved engineering documents. The permittee has not submitted specifications or quality assurance/quality control plans for the MSW landfill final cover construction. The permittee shall submit the plans for MPCA review and approval prior to commencement of any final cover activities. 3.2.9 The disposal area must include a leachate detection, collection and on-site or off-site treatment system in accordance with Minn. R. 7035.2815, subp. 9. Landfill leachate is currently collected from the lined cells and mixed at the wet well Pump Station 1 (PS1). From PS1 the leachate is either recirculated back into the landfill or pumped to the leachate treatment ponds. From the treatment ponds, the leachate can be pumped to the land application sites, loaded for offsite disposal, mixed with ConCover ADC, or pumped back to the landfill for recirculation, spray application on compost, or application at the working face. 3.2.10 The permittee must design a gas monitoring system to meet the requirements of Minn. R. 7035.2815, subp. 11. Currently, there are 7 gas monitoring probes, GP-1, GP-2R, GP-3, GP-4, GP-5, GP-6 and GP-7 installed around the perimeter of the landfill. The permittee shall monitor each of the 7 gas monitoring probes a minimum of once per calendar quarter for methane and oxygen concentration. All facility gas monitoring probes shall include a glued-on PVC cap with a sample valve petcock connected to tygon tubing that extends to the screened portion of the well. 3.2.11 The gas collection and treatment system have been designed to meet the requirements of Minn. R. 7035.2815, subp. 11. The permittee shall monitor for the presence of water in gas collection wells. If a gas collection well gets watered out, the permittee shall report the incident and provide a corrective action to the MPCA within 30 days. Although the permittee has voluntarily constructed a gas collection system, the permittee shall not remove a gas collection well from the gas collection network without written permission from the MPCA. 3.2.12 The permittee must design and install a water monitoring system in compliance with Minn. R. 7035.2815, subp. 10. [Minn. R. 7035.2815, subp. 10] 3.2.13 The permittee shall place a minimum of six feet of solid waste on all lined areas by ember 31 of each year. No disposal may take place on areas that have not received at least six feet of waste after ember 31 without testing the liner integrity and approval granted by the commissioner. The permittee may use blown straw as an insulating material as detailed in the approved application for major permit modification, February 2018. The permittee shall add additional blown straw or hay to maintain 2 feet of insulating material by November 1st of each year until six feet of waste are in place. [No mapping from migration]