DRAFT Solid Waste Management Facility Permit Permit: SW-6 Spruce Ridge Resource Management Action: PER006 In accordance with Minnesota Statute chs. 115, 115A, and 116, and Minnesota 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 Spruce Ridge Resource Management Facility, SW-6 under the conditions set forth in this permit. The facility consists of 479 acres located in: Township 116 N, Range 28 W, Section 31, McLeod County, in the MPCA Marshall Region. The facility includes the following waste activity area(s): Demolition Debris Disposal Area Leachate Recirculation Municipal Solid Waste Disposal Area Municipal Solid Waste Disposal Area Solid Waste Storage Area Solid Waste Storage Area Solid Waste Transfer Area Tire Storage Area DD001 LR001 SA001 SA002 ST001 ST002 TR001 TS001 The determination to issue this permit is discretionary with the MPCA and was made subsequent to MPCA staff review of the permit application. The term commissioner, as used in this permit, refers to the MPCA Commissioner or MPCA personnel who have been delegated explicit authority by the commissioner. Other terms used in this permit are defined in Minnesota Statutes, the MPCA Solid Waste Management Rules, or specifically defined in this permit. Permit Issuance Date: Permit Expiration Date: Permit Modified Date: Minnesota Pollution Control Agency Mike Mondloch Supervisor, Solid Waste Permitting Unit Prevention and Solid Waste Management Section Resource Management & Assistance Division
Permit: SW-6 Spruce Ridge Resource Management Action: PER006 The following permittee(s) are authorized to construct and operate the Spruce Ridge Resource Management, SW-6 under the conditions set forth in this permit. Permittee Activity Owner: Spruce Ridge Inc Permittee Land Owner: Spruce Ridge Inc Permittee Operator: Spruce Ridge Inc Address: 12755 137th St Glencoe, MN 55336 Address: 12755 137th St Glencoe, MN 55336 Address: 12755 137th St Glencoe, MN 55336
1. TOTAL FACILITY 1.1 General 1.1.1 Definitions 1.1.2 "ACM" means Asbestos Containing Material. 1.1.3 "Airspace" means the volume for filling with waste, considering all solid waste, daily, intermediate, intermittent and final cover materials, and design restrictions. 1.1.4 "Class I Demolition Landfill" means an unlined demolition landfill that can only accept "Acceptable C & D Wastes," requires stringent screening of the waste that enters the facility, and may require a groundwater monitoring system based upon facility location, soil types and proximity to human and environmental receptors. A liner is not required at this facility. 1.1.5 "Class II Demolition Landfill" means a demolition landfill that is allowed to accept some waste types in addition to those defined as "Acceptable C & D Wastes." These waste types include incidental nonrecyclable packaging consisting of paper, cardboard and plastic; and demo-like industrial wastes comprised of wood, concrete, porcelain fixtures, shingles or window glass. Waste screening and groundwater monitoring are required at a Class II demolition landfill. Based upon soil type, depth to groundwater and the nature of the debris that is accepted at the facility, a Class II demolition landfill may require the installation of a liner and leachate management system. 1.1.6 "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. 1.1.7 "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. 1.1.8 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. 1.1.9 "Facility" has the meaning given in Minn. R. 7035.0300, subp. 37. Page 1 of 49
TOTAL FACILITY General 1.1.14 1.1.16 1.1.19 1.1.21 1.1.10 "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 1.1.11 "Permittee" means the landowner, facility owner(s), and facility operator(s). 1.1.12 "Waste Activity" means the storage, processing, transfer, utilization, treatment, or disposal of solid waste and waste by-products. 1.1.13 "Waste Activity Area" means the land, structures, monitoring devices, and other appurtenances and improvements on the land associated with a waste activity. Waste Activities 1.1.15 The facility waste activities authorized by this permit are limited to those activities described in the Waste Capacity Table of this permit. Permit Compliance 1.1.17 The permittee shall keep the status of the permit current and up-to-date. 1.1.18 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. Required Notices 1.1.20 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. Location 1.1.22 The facility authorized by this permit is located in Section 31, Township 116N, Range 28W, Township of Rich Valley in McLeod County, Minnesota, approximately 1/2 mile north on County Road 71 from the junction of Minnesota Highway 22. The facility address is: 12755-137th Street, Glencoe, Minnesota 55336 Page 2 of 49
TOTAL FACILITY General 1.1.23 Facility History 1.1.24 The initial operating permit for the facility was issued by the Minnesota Pollution Control Agency (MPCA) on April 13, 1970, to Bullert Construction Company for the operation of McLeod County Sanitary Landfill for disposal of approximately 15 million cubic yards of refuse. This permit was amended in 1983 for continued operation of the facility. The permit was reissued in 1993 to Sanifill, Inc. and McLeod Landfill, Inc. for a five-year period. Based on the site configuration as depicted in the 1993 permit application, the permit decreased the ultimate design capacity of the facility to approximately 8,290,888 cubic yards. As required by the Solid Waste Rules and the 1993 permit, the facility submitted a repermit application in January of 1998 to continue operation of the facility. The repermit application included some design modifications which also increase the ultimate design capacity of the facility. The design modifications in the application included 3:1 slope on the final cover system and participation in the Phase I leachate recirculation pilot program. 1.1.26 1.1.28 The MPCA has since issued a slope guidance document allowing increased final cover slopes at the facility and a guidance document for landfill leachate recirculation. Based on the MPCA's issuance of the new guidance documents regarding slope and leachate recirculation, the facility submitted a new permit application in August 2002. The MPCA issued a new permit on April 29, 2004, and modified (Major Modification) the permit on November 13, 2007, to allow for the construction and operation of the North Development Area for disposal of demolition/industrial waste. 1.1.25 The 5-year permit issued on April 29, 2004 and modified on November 3, 2007, expired on April 29, 2009. The permittee submitted a repermit application in October 2008 and has been allowed to continue operation of the facility under the expired permit. Minn. R. 7001.0160 allows a facility to operate in accordance with the terms and conditions of an expired permit. Hours of Operation 1.1.27 The facility (Spruce Ridge Resource Management Facility (SRRMF)) is open for business (waste acceptance) between the hours of 6:30 a.m. and 8:00 p.m. Monday through Friday, 6:30 a.m. to 5:00 p.m. on Saturdays, and closed on Sundays. During business hours, operational controls shall be implemented to mitigate or otherwise minimize nuisance dust and noise impacts. General Facility Description 1.1.29 The facility authorized by this permit include MSW disposal area (unlined closed landfill and open lined landfill), lined demolition/industrial waste disposal area, tire storage area, concrete, asphalt and wood material storage area, appliance and scrap metal storage area, and citizens drop-off area. Page 3 of 49
TOTAL FACILITY General 1.1.30 1.1.31 1.1.32 1.1.33 1.1.34 Unlined Closed Landfill. The unlined closed landfill occupies approximately 42 acres of the facility. Solid waste was deposited in the unlined disposal area between 1970 and 1993. The unlined area received final cover in accordance with the MPCA closure requirements in 1993. The cover has provided the base grades for a larger portion of the lined landfill cells that have subsequently been constructed. The airspace capacity in the unlined landfill is approximately 2,072,700 cubic yards. This area is designated as Waste Activity SA001 under this permit. Lined Landfill. The current lined landfill includes Phases 1 through 8A. Phases 1 through 3 have been constructed on the side slope of the unlined closed landfill. Phases 4 through 8A were constructed on virgin ground. Although the majority of Phases 4, VII and VIIIA were constructed on virgin ground, a small area as piggybacked over the unlined closed landfill. Phase 4 (cells B and C), Phase 5 and Phase 6 were used for disposal of demolition/industrial waste. Phases 7 and 8A were used as bioreactor cell(s) for disposal of MSW and approved industrial and liquid waste. The future liner area, to be constructed, includes Phases VIIIB, IX, and X. The lined landfill has been designated as Waste Activity SA002 in this permit. Restriction on Disposal This permit requires the permittee to comply with Minn. Stat. 473.848, which prohibits disposal of unprocessed metropolitan area MSW under certain circumstances when there is processing capacity at MSW processing facilities in the landfill service area. Requirements for restrictions on disposal are located in SA002, Specific Conditions within this permit. There is also a date requirement for submitting a compliance plan in the Required Actions and Submittals section of this permit. The facility has a citizens' drop-off area designed to allow for a safer means for individual citizen to drop off waste, keeping them out of the working face and away from the larger haul truck traffic. The drop-off area is located near the office area and consists of three 40 cubic yard roll-off containers which are emptied on a daily basis. Small MSW loads, appliances, electronics, tires and recyclables from individual citizen may be placed in these containers. This waste activity area is designated as TR001 under this permit. Demolition/Industrial Disposal Area. The facility accepts demolition/industrial waste for disposal. The demolition/industrial waste disposal area also referred to as the North Development Area has been designated as Waste Activity DD001 in this permit. Appliances, Electronics and Scrap Metals Storage Area. The facility accepts appliances, electronics and scrap metals for temporary storage prior to recycling. The storage area of these materials are designated as Waste Activity ST001 in this permit. Page 4 of 49
TOTAL FACILITY General 1.1.38 1.1.35 Concrete, Asphalt, and Wood Materials Storage and Processing Area. The facility will accept concrete, asphalt and wood waste for temporary storage and processing. The storage area of these material has been designated as Waste Activity ST002 in this permit. 1.1.36 Waste Tire Storage Area. The facility accepts waste tires for temporary storage prior to transportation to a tire processing facility. The tire storage area has been designated as Waste Activity TS001 in this permit. 1.1.37 This permit authorizes recirculation of landfill leachate back into the working face of the landfill. Specific requirements for leachate recirculation can be found in LR001 of this permit. Variances 1.1.39 This permit authorizes a variance from the prescriptive requirements of Minn. R. 7035.2815, subp. 6, items D(3), D(7), E, and item D(4) to allow for the construction of Evapotranspiration (ET) final cover system. The final cover system is also designed with 3H:1V side slopes. Additionally, the ET final cover system also does not conform to the specific design (layers) of the MPCA Slope Policy. However, modeling shows that the ET final cover system meets or exceeds the minimum required stability and performance standards of the MPCA Slope Policy and Minnesota Solid Waste Management Rules. Page 5 of 49
TOTAL FACILITY 1.2 Permit Documents 1.2.1 Permit Application 1.2.2 The permit application approved by this permit include but is not limited to the following: * Engineering Report, Spruce Ridge Resource Management SW-006, prepared for Spruce Ridge Resource Management Facility and Waste Management of Minnesota, Inc., dated August 2002. This document includes: Plan Sheets 1 to 24; Operations and Maintenance Plan; and Closure, Post Closure and Contingency Action Plan. * Response to Issues Discussed at Monday, March 17, 2003 Meeting Regarding August 2002 Spruce Ridge Resource Management Facility (SW-006) Permit Application, Engineering Report, and Drawings dated May 2003. * Spruce Ridge Resource Management Facility Leachate Recirculation Monitoring Program 2002 Review dated January 2003 and received at the MPCA February 2003. * Spruce Ridge Resource Management Facility, Phase 5 Liner Construction Documentation Report, prepared for Waste Management- Spruce Ridge Resource Management Facility dated November 2003, received at the MPCA on November 21, 2003. This document include Construction Plan Sheets 2A through 9A, and RD1 through RD4. * Hydrogeological Evaluation Report North Development Area- Spruce Ridge Resource Management Facility Geomatrix, March 1, 2005. * Request for Permit Modification Spruce Ridge Resource Management Facility SW-006, dated August 2005 (including Plan Sheets 1 through 18) received at the MPCA August 9, 2005; and Response to Comment dated February 23, 2007, received at the MPCA February 26, 2007. * 2007 Sampling and Analysis Plan - Spruce Ridge Resource Management Facility (Liesch, draft July 2007). 1.2.3 * Repermit Application, Spruce Ridge Resource Management Facility, SW-006, October 2008. * Revised Industrial Solid Waste Management Plan dated July 2015. Page 6 of 49
TOTAL FACILITY Permit Documents 1.2.4 Approved Plans 1.2.5 The approved plans are incorporated into this permit by reference. 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 submittals differ, the requirements of the permit shall govern over a condition in the plan or submittal. The approval by the commissioner of the plans and specifications shall not release the permittee from any present or subsequent requirements of statutes, rules, regulations or ordinances. 1.2.6 Revised Plans 1.2.7 Any revised plans shall be submitted for approval by the commissioner. The permittee shall obtain approval from the commissioner on all revised engineering and hydrogeologic plans prior to construction, installation or implementation of the affected portion of the facility. 1.2.8 Hydrogeologic Evaluation Documents 1.2.9 Hydrogeologic evalution 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 issuance of this permit will be approved by their own 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 statues, rules, regulations or ordinances. 1.3 Design and Construction Criteria 1.3.1 Location Standards 1.3.2 The permittee may not locate, establish, or construct a solid waste management facility in areas designated in Minn. R. 7035.2555. 1.3.3 Ground Water Quality, Surface Water Quality, Air Quality, and Soil Protection 1.3.4 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. 7035.2565. 1.3.5 Storage Standards 1.3.6 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. Page 7 of 49
TOTAL FACILITY Design and Construction Criteria 1.3.7 Stormwater Management System 1.3.8 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) Permit for the discharge of stormwater associated with an industrial activity and/or a construction activity. 1.3.9 Construction Plan 1.3.10 The permittee must submit a construction plan to the commissioner for review and approval prior to construction of any part of the facility. 1.3.11 Construction Notification 1.3.12 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. 1.3.13 Construction Certification 1.3.14 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. 1.3.15 Alterations and Additions 1.3.16 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 1.4.1 Storage of Solid Waste 1.4.2 The permittee shall be responsible for the satisfactory storage of all solid waste accumulated at the facility in accordance with Minn. R. 7035.0700 and Minn. R. 7035.2855. 1.4.3 Collection and Transportation of Solid Waste 1.4.4 The permittee shall provide for the proper collection and transportation of solid waste in accordance with Minn. R. 7035.0800. 1.4.5 Unacceptable Wastes 1.4.6 The permittee must not accept specific wastes for treatment, storage, processing, or disposal in accordance with Minn. R. 7035.2535, subp. 1. 1.4.7 Required Notices 1.4.8 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. Page 8 of 49
TOTAL FACILITY Operating and Maintenance Criteria 1.4.9 Security 1.4.10 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 and each waste activity area showing the facility name, MPCA permit number, hours of operation, the acceptable waste, and any other relevant information. 1.4.11 General Inspection 1.4.12 The permittee must perform general inspections in accordance with Minn. R. 7035.2535, subp. 4. 1.4.13 Industrial Solid Waste Management Plan 1.4.14 The permittee must manage industrial solid waste for each waste activity as specified in the approved Industrial Solid Waste Management Plan dated July 2015, and in accordance with Minn. R. 7035.2535, subp. 5. 1.4.15 Household Hazardous Waste Management Plan 1.4.16 The permittee must manage household hazardous waste received at the facility in accordance with Minn. R. 7035.2535, subp. 6, and McLeod County household hazardous waste plan. 1.4.17 Personnel Training 1.4.18 Facility personnel must successfully complete a program of classroom instruction or on-the-job training to maintain compliance with Minn. R. 7035.2525 to 7035.2915. 1.4.19 Storm Water Management System 1.4.20 The permittee shall operate and maintain the stormwater management system for the facility with Best Management Practices to manage stormwater discharges in accordance with the NPDES Permit for the discharge of stormwater associated with an industrial activity and/or a construction activity. 1.4.21 Ground Water Quality, Surface Water Quality, Air Quality, and Soil Protection 1.4.22 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. 1.4.23 Operating Record 1.4.24 The permittee must keep a written operating record at the facility in accordance with Minn. R. 7035.2575. 1.5 Monitoring Criteria 1.5.1 Monitoring Protocol 1.5.2 The permittee must develop and keep current a written monitoring protocol for the disposal area according to Minn. R. 7035.2815, subp. 14, item G and must ensure the protocol is followed during sampling and sample analysis. Page 9 of 49
TOTAL FACILITY 1.6 Reporting Criteria 1.6.1 Electronic Data Reporting 1.6.2 Construction data for the monitoring wells and piezonmeters shall include the Minnesota Department of Health's unique well identification number, site identification number, well depth, ground elevation, well diameter, date installed, screened interval, gradient with respect to the landfill (up, down, or side) and aquifer monitoring (upper or lower). 1.6.3 1.6.4 1.6.5 1.6.6 1.6.7 1.6.8 A spring monitoring report must be submitted by June 30 of each year. 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. 7035.2815, subp. 14, item P. This report should include the results for all monitoring activities occurring at this facility (ground water, surface water, leachate and gas). Submittal of lysimeter data is limited to hard copy format only. Locational data shall be submitted in Universal Transverse Mercator (UTM) Extended Zone 15, 1983 North American Datum (NAD 83) coordinate system. This is the standard coordinate system utilized by the MPCA for Geographic Information Systems (GIS) data. The permittee shall submit water quality monitoring data electronically each quarter with the spring, summer and fall monitoring report. A summer water monitoring report must be submitted by September 30 of each year. The water 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. 7035.2815, subp. 14, item P. This report should include the results for all monitoring activities occurring at this facility (ground water, surface water, leachate and gas). Submittal of lysimeter data is limited to hard copy format only. An autumn water monitoring report must be submitted by February 1 of each year. This report may be submitted with the facility's annual report. The water 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. 7035.2815, subp. 14, item P. This report should include the results for all monitoring activities occurring at this facility (ground water, surface water, leachate and gas). Submittal of lysimeter data is limited to hard copy format only. All monitoring data shall be submitted quarterly in an electronic format following the dates outlined for submittal of the quarterly reports. The permittee shall submit all electronic data to the MPCA in the format provided by the MPCA. Submittal of the quarterly reports in a "hard copy" format is still required. Page 10 of 49
TOTAL FACILITY Reporting Criteria 1.6.9 Annual Facility Report 1.6.10 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. 1.6.11 The annual facility report should include information regarding all activities that have occurred at the facility (this includes: waste activities, monitoring results, financial assurance, etc.). 1.6.12 Routine Monitoring Reporting 1.6.13 The permittee shall submit routine monitoring results accompanied by information sufficient to establish the reliability, precision, and accuracy of the reported values, including the requirements of Minn. R. 7035.2815, subp. 14, item P. The permittee shall submit the monitoring results to the commissioner according to the schedule in the Required Actions and Submittals Table(s) of this permit. 1.7 Contingency Action Criteria 1.7.1 Contingency Action Plan 1.7.2 The permittee shall address all facility waste activities in the approved plan in accordance with Minn. R. 7035.2615. 1.7.3 Emergency Preparedness and Prevention 1.7.4 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. 1.7.5 Emergency Procedures 1.7.6 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. 1.8 Closure Criteria 1.8.1 Closure Plan 1.8.2 The permittee must close the facility and each waste activity as specified in the approved plan in accordance with Minn. R. 7035.2625. 1.8.3 Closure Procedures 1.8.4 The permittee must perform closure in accordance with Minn. R. 7035.2635. Page 11 of 49
TOTAL FACILITY 1.9 Postclosure Criteria 1.9.1 Postclosure Plan 1.9.2 The permittee must comply with postclosure requirements in the approved plan in accordance with Minn. R. 7035.2645. 1.9.3 Postclosure Care 1.9.4 The permittee must perform postclosure care in accordance with Minn. R. 7035.2655, subp. 1. 1.9.5 Postclosure Use of Property 1.9.6 The permittee must comply with postclosure use of property requirements in accordance with Minn. R. 7035.2655, subp. 2. 1.10 Financial Criteria 1.10.1 Cost Estimates 1.10.2 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. 1.11 General Conditions 1.11.1 Release 1.11.2 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. 1.11.3 Future Changes 1.11.4 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. 1.11.5 Rights and Privilege 1.11.6 The permit does not convey a property right or an exclusive privilege. 1.11.7 Enforcement 1.11.8 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. 1.11.9 Performance 1.11.10 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. Page 12 of 49
TOTAL FACILITY General Conditions 1.11.11 Operation and Maintenance 1.11.12 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. 1.11.13 Honesty 1.11.14 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. 1.11.15 Timely Information Submittal 1.11.16 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. 1.11.17 Access 1.11.18 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. 1.11.19 Discovery of Noncompliance 1.11.20 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. Page 13 of 49
TOTAL FACILITY General Conditions 1.11.21 Notification of Noncompliance 1.11.22 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. 1.11.23 Reporting of Noncompliance 1.11.24 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. 1.11.25 Alterations 1.11.26 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. 1.11.27 Transferability 1.11.28 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. 1.11.29 Responsibility for Damage 1.11.30 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. 1.11.31 Modifying or Revoking Permit 1.11.32 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. 1.11.33 Severability 1.11.34 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. Page 14 of 49
TOTAL FACILITY General Conditions 1.11.35 Extensions 1.11.36 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. 1.11.37 Term of Permit 1.11.38 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. 1.11.39 Retention of Records 1.11.40 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. 7035.2575 until closure of each waste activity at the facility. 1.11.41 As-built Plans 1.11.42 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. 1.11.43 Construction Certification 1.11.44 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. 1.11.45 Financial Assurance 1.11.46 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. Page 15 of 49
2. DEMOLITION DEBRIS DISPOSAL AREA DD 001 2.1 Permit Documents 2.1.1 Permit Application 2.1.2 The permit application approved by this permit is signed and dated October 2008. 2.1.3 Engineering Documents 2.1.4 The engineering documents approved by this permit include: 2.1.5 2.1.7 2.1.9 2.1.11 2.1.13 Engineering Plans/Drawings (Plan Sheets 21 through 34) dated October 2008, prepared by Liesch Associates, Inc. Permitted Capacity 2.1.6 The existing permitted capacity is approximately 990,080 cubic yard of waste and cover materials. This permit increases the permitted capacity to approximately 1,681,348 cubic yards of demolition/construction, approved industrial waste and final cover materials in the lined Phases 1 through 3 demolition/industrial waste disposal area. Design Capacity 2.1.8 The demolition/industrial disposal area has a design capacity of approximately 15,340,000 cubic yards of waste and cover materials consisting of Phases 1 through 14. Based on the April 11, 2015 air survey, the remaining design capacity in the demolition/industrial disposal area is approximately 14,983,688 cubic yards. Hydrogeologic Evaluation Documents 2.1.10 The hydrogeologic evaluation document, Hydrogeologic Evaluation Report, North Development Area, Spruce Ridge Resource Management Facility, dated March 1, 2005, has been approved with modifications. The modifications included the requirment to enhance the groundwater and surface water monitoring network being proposed for the site through the submittal of a sampling plan. Approved Plans 2.1.12 The approved plans and engineering documents 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 and 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. Revised Plans 2.1.14 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. 2.2 Design and Construction Criteria Location Standards 2.2.1 Page 16 of 49
DEMOLITION DEBRIS DISPOSAL AREA DD 001 Design and Construction Criteria 2.2.2 In accordance with Minn. R. 7035.2825, subp. 7 the disposal area must not be located 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. 2.2.3 Setback From Property Line 2.2.4 In accordance with Minn. R. 7035.2825, subp. 9, item H, a minimum separation distance of 50 feet must be maintained between the fill boundaries and the property line. 2.2.5 Design Requirements 2.2.6 The design must include the items outlined in Minn. R. 7035.2825, subp. 8 and approved engineering plans. 2.2.7 Cover Design 2.2.8 The cover system must be designed in accordance with Minn. R. 7035.2825, subp. 11 and approved engineering plans 2.2.9 Construction Dewatering 2.2.10 The permittee shall prepare a groundwater control/removal plan for the facility. The plan shall be followed during construction. The permittee must obtain all appropriate approvals required for groundwater withdrawal from appropriate governmental agencies. 2.2.11 Authorized Discharge 2.2.12 For the purposes of protecting water quality, this permit does not authorize the permittee to discharge any water from the North Development Area into the waters of the state (Crow River). A NPDES permit is required for surface water discharge. The permitte must have obtained the NPDES permit and other permits or approvals prior to any discharges from the North Development Area. 2.2.13 Stormwater Management System 2.2.14 The permittee shall construct and certify the stormwater management system for the disposal area with Best Management Practices to manage stormwater discharges in accordance with the NPDES Permit for the discharge of stormwater associated with an industrial activity and/or a construction activity. 2.2.15 Water Monitoring Systems 2.2.16 The permittee must design and install a water monitoring system in compliance with Minn. R. 7035.2815, subp. 10. Page 17 of 49
DEMOLITION DEBRIS DISPOSAL AREA DD 001 2.3 Operating and Maintenance Criteria 2.3.1 Facility Classification 2.3.2 In accordance with the MPCA's Demolition Landfill Guidance (August 2005), the North Development Area is currently classified as a Class III Demolition Landfill. The facility has requested for re-classification of the disposal area from the current Class III demolition landfill to an Industrial Landfill. The request is approved under this permit. However, prior to the operation of the existing disposal area as an Industrial Landfill, the facility must submit a liner demonstration (design) that will be reviewed and approved by the MPCA prior to the construction of any future cell(s) and prior to the operation of the existing disposal area as an Industrial Landfill. 2.3.3 Certified Operator 2.3.4 An operator certified under Minn. R. 7048.0100 to 7048.1300 must be present at the disposal area during operating hours. At a minimum, the disposal area operations must meet the requirements of Minn. R. 7035.2825, subp. 9. 2.3.5 Soil Stockpile 2.3.6 In accordance with Minn. R. 7035.2825, subp. 9, item C, suitable cover material must be maintained at the site. If suitable cover is not available on-site, cover material must be delivered to and stockpiled at the site. 2.3.7 Cover Material 2.3.8 All waste must be completely covered biweekly unless the commissioner approves otherwise. On occasion, some wastes shall be covered immediately or at the end of the working day. 2.3.9 Cover Design 2.3.10 The cover system must be maintained in accordance with Minn. R. 7035.2825, subp. 11. 2.3.11 Stormwater Management System 2.3.12 The permittee shall operate and maintain the stormwater management system for the disposal area with Best Management Practices to manage stormwater discharges in accordance with the NPDES Permit for the discharge of stormwater associated with an industrial activity and/or construction activity. 2.3.13 In accordance with Minn. R. 7035.2825, subp. 9, item G, surface water drainage must be diverted around and away from the active portion of the disposal area. Page 18 of 49
DEMOLITION DEBRIS DISPOSAL AREA DD 001 Operating and Maintenance Criteria 2.3.14 Phase Development 2.3.15 As proposed in the request for permit modification document, Spruce Ridge Resource Management Facility, dated August 2005, the North Development Area will consist of 14 phases. The permittee shall develop the site in phases according to the phase development plan. Each phase shall provide for filling in a manner to achieve final waste elevations as rapidly as possible. The phases must be designed and constructed and operated to minimize moisture infiltration into the fill area while maintaining stable slopes and appropriate operating conditions. The permittee shall bring each phase to the final waste contours as shown on the approved phase development plans, and close the phase according to the approved facility closure plan (October 2008 permit application). 2.3.16 Water Monitoring Systems 2.3.17 The permittee must maintain a water monitoring system in compliance with Minn. R. 7035.2815, subp. 10. 2.3.18 Leachate Management 2.3.19 Leachate from the collection sump(s) shall be conveyed and stored inside the 225,000-gallon glass-lined above ground steel tank (two tanks). Leachate from the storage tank(s) shall be loaded into trucks utilizing an overhead delivery system similar to the system in use for the above-ground leachate storage tank at the existing landfill. The leachate shall either be recirculated into the MSW cells (approved leachate recirculation cell(s) and bioreactor cell) south of 137th Street or transfer to the Metropolitan Council Environmental Services (MCES) in St. Paul for treatment. The permittee shall comply with the requirements of MCES for proper monitoring, reporting, and introduction of leachate into the plant. 2.3.20 Industrial Solid Waste Management 2.3.21 The permittee must manage industrial solid waste as specified in the approved plan (Industrial Solid Waste Management Plan, Spruce Ridge Resource Management Facility, SW-6, Revised July 2015), and 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 annual report for each industrial waste accepted at the facility. 2.3.22 Acceptable and Unacceptable Wastes 2.3.23 The SRRMF North Development Area will accept demolition/construction debris and approved industrial wastes for disposal. The specific industrial solid wastes which will be accepted are those listed in Table 1 of the approved Industrial Solid Waste Management Plan (ISWMP). The ISWMP excludes certain types of industrial wastes from being disposed of in the demo/industrial cell (rendering and slaughterhouse wastes, auto fluff, non-infectious medical waste). The ISWMP also designates that a determination will need to be made on a case by case basis for whether certain sludges or ashes will be allowed for disposal in the demo/ind cell. This determination will be made during the approval process. 2.3.24 Litter Control Page 19 of 49
DEMOLITION DEBRIS DISPOSAL AREA DD 001 Operating and Maintenance Criteria 2.3.25 The permittee must cover or otherwise manage waste to control wind dispersion of any particulate matters. Should littering of the surrounding area become a problem due to the operation at the facility, the permittee shall be required to submit a litter control plan to address the litter problem. 2.4 Monitoring Criteria 2.4.1 Hydrogeologic Evaluation 2.4.2 The permittee has completed a hydrogeologic evaluation in accordance with Minn. R. 7035.2825, subp. 10. 2.4.3 Water Quality Monitoring 2.4.4 As outlined in Minn. R. 7035.2825, subp. 12, the commissioner will require water quality monitoring for the disposal area. 2.4.5 Compliance Boundary 2.4.6 The permittee must establish and maintain the compliance boundary according to Minn. R. 7035.2815, subp. 4, items A through E. 2.4.7 Ground Water Performance Standards 2.4.8 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 Pollution Control Agency Specific Standards of Quality and Purity for Class 2B Waters of the State, Aquatic Life and Recreation as listed in Minn. R. 7050.0222, subp 4. 2.4.9 Exceedence of Intervention Limit 2.4.10 If an intervention limit established in this permit is exceeded, the permittee must take the actions listed in Minn. R. 7035.2815, subp. 4, item G. 2.4.11 Ground Water Quality Sampling and Analysis 2.4.12 Ground Water quality sampling and analysis must be conducted in accordance with Minn. R. 7035.2815 subp. 14. 2.4.13 Leachate Quality Sampling and Analysis 2.4.14 Leachate quality sampling and analysis must be conducted in accordance with Minn. R. 7035.2815 subp. 14 and must include the monitoring stations identified in the Limits Table(s) of this permit. Sampling must be conducted according to the schedule shown in the Limits Table(s) of this permit. 2.4.15 Surface Water Quality Sampling and Analysis 2.4.16 Surface water quality sampling and analysis must be conducted in accordance with Minn. R. 7035.2815 subp. 14 and must include the monitoring stations identified in the Limits Table(s) of this permit. Sampling must be conducted according to the schedule shown in the Limits Table(s) of this permit. Page 20 of 49
DEMOLITION DEBRIS DISPOSAL AREA DD 001 Monitoring Criteria 2.4.17 Background Water Quality Monitoring 2.4.18 The permittee must determine the initial water quality in new monitoring points and monitoring systems, and perform background monitoring in accordance with Minn. R. 7035.2815, subp. 14, item E. 2.4.19 Monitoring Protocol 2.4.20 The permittee must develop and keep current a written monitoring protocol for the disposal area according to Minn. R. 7035.2815, subp. 14, item G and must ensure the protocol is followed during sampling and sample analysis. 2.5 Reporting Criteria 2.5.1 Routine Monitoring Reporting 2.5.2 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. 7035.2815, subp. 14, item P. 2.5.3 Annual Monitoring Evaluation 2.5.4 The permittee shall submit an annual water monitoring evaluation report in accordance with Minn. R. 7035.2585 and 7035.2815, 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. 2.5.5 Annual Waste Activity Report 2.5.6 The permittee shall submit an annual report in accordance with Minn. R. 7035.2585 and 7035.2825, subp. 9, item K. 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. 2.6 Contingency Action Criteria 2.6.1 Contigency Action 2.6.2 The permittee must implement the actions neccesary to comply with requirements in accordance with Minn. R. 7035.2615. 2.7 Closure Criteria 2.7.1 Closure Plan 2.7.2 The permittee must close the facility as specified in the approved plan in accordance with Minn. R. 7035.2625. 2.7.3 Closure Procedures 2.7.4 The permittee must perform closure procedures in accordance with Minn. R. 7035.2635. Page 21 of 49