Loading...
Memo Ordinance 93-735 Landfill Gas Control ---.......: 1 , . " CITY OF HOPKINS . MEMORANDUM Date: July 28, 1994 To: Honorable Mayor and city council From: James Gessele, Engineering Supt. -.114 Subject: Ordinance 93-735, Landfill Gas Control District Second Reading Council at its December 21, 1993 meeting undertook for first reading the proposed Landfill Gas Control District Ordinance. The ordinance is a declaration of public policy that in the interest of safety and welfare of the community and to remain in compliance with MPCA regulations pertaining to the Seventh street Landfill, certain prohibitions on that site are necessary. The ordinance provides a legal description of the control district, strictly regulates or prohibits improvements, and under current standards bans the construction of buildings. e An issue arises in that the control district encompasses certain private property (ABJ and Rutledge parcels) . Three parcels of land, denoted as "ABJ" , "Rutledge A" and "Rutledge B" on the attached location map, were part of the originally permitted Seventh Street Landfill. Solid waste materials were buried on these parcels. The city sold these tracts to private owners as late as 1981. The city began negotiations in December 1992 to repurchase "ABJ" and "Rutledge All. The sale of "Rutledge A" was successfully concluded in February of this year. Despite repeated city Attorney efforts, negotiations for repurchase of "ABJ" have gone nowhere. lIRutledge B" is a small 8,000 square foot tract associated with a larger 0.90 acre tract owned by Rutledge Construction. The small triangular 8,000 square foot parcel is not a recorded legal entity but merely one created by the extension of the south line of 7th Street South westerly to a point of intersection on the southeasterly right-of-way line of the 800 Line Railroad. This prolongation of the south line of 7th street South was used in a graphic description of the landfill boundaries in the Notice of Termination of sanitary Landfill, a legal document recorded with Hennepin county in 1980 and submitted to the MPCA in the same year. At the December 21 meeting council concurred with staff's . recommendation for acceptance of first reading of the ordinance and to schedule a subsequent reading contingent upon the outcome ~ ' . - 2 - . of any possible land purchase negotiations. As stated earlier, repurchase of "Rutledge A" was concluded this year and negotiations over "ABJII have been unsuccessful. No formal discussions concerning purchase of "Rutledge BII have taken place. "Rutledge B" has undergone intense scrutiny since the first reading. In January of 1994 Braun Intertec conducted five soil borings on the triangular parcel to determine if solid waste was present on the property. The field investigation verified that waste was located on this site. By mid April staff had arranged with Rutledge Construction and Braun Intertec to return to the property to undertake an additional field investigation, the scope of which now included property north of IIRutledge B". A geoprobe was used at various locations to identify the presence and extent of landfill gas on the Rutledge property. Eleven probes were conducted and they all indicated gas concentrations in excess of the MPCA allowable parameters. The report concerning that April investigation is attached. In May staff arranged with Rutledge Construction and railroad authorities to conduct additional gas survey work to more fully evaluate the extent of gas north and east of the Rutledge property - property north of the triangular parcel where our concern was originally focused. The report of that work done in e mid May is also attached. In summary it states that methane gas in concentrations exceeding regulatory standards is present on Rutledge Construction and railroad property. The migration of methane appears limited, however elevated concentrations are near existing structures on the Rutledge property. The results of this investigation, as well as those earlier in January and April, have been submitted to the MPCA and Rutledge Construction. staff is confident that purchase of "Rutledge Bn will not be necessary, that the City can work with the MPCA in arranging for commercial use of the triangular parcel short of building on it. The issue of methane on property north of "B" is one to be resolved in the near future and should not be tied to the enactment of this ordinance. The ABJ parcel is another matter. The agency has clearly indicated it favors acquisition of this parcel. Council is made aware of these additional facts as it revisits the ordinance for a second reading. council should also be aware that the recently enacted landfill legislation establishing a new Landfill Cleanup Program grants the MPCA new powers in dealing with cleanup efforts. It is possible that the owners of private property used for landfilling purposes (ABJ Enterprises and Rutledge Construction) would fall under the same MPCA regulatory umbrella as the city of Hopkins, including the power of the MPCA to file liens for state-funded cleanups. . - 3 - . Council has several options concerning second reading of the ordinance: . Council can elect to postpone action pending receipt of further information. . Council can approve for second reading of the ordinance and authorize initiation of condemnation or other acquisition proceedings where deemed appropriate. . Council can approve for second reading of the ordinance and refrain from ancillary actions for the time being. staff recommends the third alternative. The City can take strong action with a simple second reading for adoption. This action is in keeping with the MPCA's current established guidelines under the newly enacted Landfill Cleanup program. The agency has given top priority to the final resolution of the Seventh Street Landfill, and this alternative is a key step in demonstrating the city's willingness to bring about a successful closure of the landfill. e Attachments JG/rr . (~ ......... 2747.51 RES ~ ." .."" ..l;i ..... .......a1 .> 'CJ . l JJ f - 2 ... 379.31 saT" ~ Z' ='0" E RUTLE DGE "B" . w - - .. ... ~ ~ ( 'if ~ B (67) ~ 1 ~ SIlT". I ~7'4r I J , u- - - ' ",-" ',..,. !a ~ ~'1JID ' _ t-~ 31T 31G ~ - 313 11 SecUon 3. Proper1:y Included In Dist:ict. The following ~ ~~- 3" described property >'5 included wi thin the <1e..ignated Landt'ill Gas -mr~ r 31~ Control District. The boundary of the district is as follow.., I That part of the Northwest Quarter of the Southwest Quarter of J Section 25, Township 117, Flange 22, beg1.nning at the nQrtheast: - , cornex of OUtlot a, Westbrool<e Patio Bornes; thence we..t;erly (9:5.9-4) along the south line of Seventh Street South to its intersect10n (Ia-cl) I J with the southeaste.r~y right-of-way line of tile 500 .Line Railroad Company; thence southwesterly along the said sOUtheasterly right-Of-way 11.ne of said railway to its intersection with the west line of Section 2S, Township 117, '" ~ge 22; thence southerly along said west L~ne of said See~on I' ... 25 to th.. southwest corner of the Northwest Quarter of the Southwest Quarter thereof; thence easterly along the south line of said Northwest Quarter of the SOUthwest Quarter of Section 25 to tile southwest Co.rner of Outlot A, 'Ple-sthrooke Patio Ramesr thence northerly along the west l~ne of said pla~ of Wastbrooke w Patio Homes to the southwest corniA:r of said Outlot B' thence I ~ easterly along the south lJ.ne of said Outlot B to the southeast I i ~ corner thereof; thance northerly along the east ling of said r , ! . , , '" Outlot B to the point of begJ.lUU.nq. ...; '" I ( 16 .n"!" ; ~, ,f. ~ ,tJ-- ~\ ~ , I ! - - ffJr' n" O'T'.. 195. '" - --- ~~ArK({) '" ... ~ . U~~ ~K~[l~ - -- w 1 '" '" ( 3) 0. --- ... l ~~ . ( 5) ........ ~ .,:g JO ~\T~~ ~ -=-re ~ - FROM BRRUN INTERTEL.: 4.19.1994 15:55 p. 1 . BRAUN" INTERTEC FAX TRANSMl7TAL April 19, 1994 To: . Jim Gessele, City of Hopkins FAXH 935-1834 Ion ScaU, DRB FAX1I291-9313 From: Ion B.Scharf. P.B. (612) 683-8741 Number of Pales (Including Coyer Page): 3 If you do not receive all pages, please call: Steve Porter (612) 683-8700 COlDJ1lcnts: I am faxing you a site sketch of the Rutledge property :showing the Geoprobe locations and a tabulation of gas results. We probed as close to Ule building as possible given the site constraints. Every probe had gas concentrations in excess of 100% LEL (5% by volume). The . zero readings at the six and nine foot depths in some of the probes were likely due to the presence of groundwater or low permeable clay. I will look forward to our conference call Wednesday at 2:30. . Project No; CMKX-92-0092 EmplnY&l!I I: 362 Braun Intertee 1345 NorthllUld Drive - Mendola ITCllghtll, MN 55120 Phone: (612.) 68).8700 - FlU.: (612) 683.8888 -- FRClM B R RUN I NT E R T E l~ 4.19.1994 15:56 P. 2 B ~ '. . , ... 40 ~ RUTLEDGE CONSTRUCTION ~ II.. 8 PROPERTY (51) (REFER TO FIGURE NO.2) ~ ~ (91 ) ;; ! 111.&4 '" I ! , I B~~r - !. , - ". egz) lmfI~ : . - (DU..' ,.J I (I6-11) I ! '., ".!~ 7TH STREET LANOFll ie E I , 1il , - . - -...._- Q ,- 's . r \ ~~ <<' 7a~ ~ .. ,..... :~ " , . I 1/ ~ , !4T"n'07"'( 8 (G61 ! I' ~ ea. A r;! I N$T' n'cr. ." m.2 SS7'U'CY'f w.I 71 , l- INT l'IelJi!ION sl-Icrr - 1 . IJKAWN tJv. KMR Q1-24-94 BRAUN'" SITE LOCATION MAP APP'O l3'l'; JES 01-:24-94 OF . Joe Nil. CMJX-9J-0220 2 INTERTEC Hopkins, Minnesota owo. No. MJl0220 F"IGIJR E ~ SCAle '''.200' 1 FROM BRIlUN INTERTEc 4.19.1994 15:56 P.3 ,/ ~ GEOPROf:/( SAMPLlNC CHART ,."" a?'Y "./ ;It CAS By YOlo II>> DEPTH 0\.~ ,-1 CE:OPR08E LD. ~, 6' 9 ~ I . J ~ I GP-t '''' . .~i_ 15 0 >;>~O " GP-2 8 15 0 'i>-~\) I CP-,3 26 0 _ -..)\.- I GP --:4.. .. __ t 9 t 8 12 ,. <? '" I GP-5 50 50 24 <(,. S I GP-6 32 0 45 'i:Jf..<:<; . I GP-7 49 4S 49 ~~'t' I GP-8 56 55 0 vC) ~ r - - - - -- GP-9 56 49 0 ~v"i- I GP-1D 34- 49 46 C; I /" GP-ll 3+ 49 +4 ..- , ./ I I t------- I I I I GP-6 t o L______ CP-1 o ,.., $T-5 $@ I '" 7TH Sr. GP-8 GP-5 '" _ _ _ _ _ _ _ ././" GP-9 0 --- EXISTING ,/ 0 fENCE...., ,/./ ST-3 r<'l . ..... - - - - - - - - - -l9 - - ~- -- - CP , ~ ST-4 o ". // /' /// // & - OCN01[O ArrnO"'"A1€ LOCATION OF STANDARD '/ r-CNcmATION TeST 130I<iNG. ./ ./,/,/ @ - DENOTES APPROXIMA TE lOCA liON OF CEOPROBE / / ./ ,/' ./ / ./ ./"" B ,/ / ./ ...- ,,/ // N ~~. _ ..: .._ .._ 60' ,.~ // - - I ",,"'" /'" SCALe l"-5Q' ,- INT RC\I15JON :;/Icn . 8 RAU NUl LANDFILL GAS SURVEY ORAl'l'l DY; KMR Ol-2~-9+ 2 Rutledge Property ....Pro." 8...: JES 04-19-94 oF' I NTERTEC Hopkins, Minnesota JOO No. CMJX-Sl:0Z20 2 OWG. NQ. MJtono_._ FIGURE * ::;l;...U 1"... 50' 2. "BRAUN"" Braun Intertec Corporation 1345 Northlond Drive INTERTEC Mendola Heights, Miflnesoto 55120 1141 612~83.8700 fax: 683-8888 . Engineers and Scientists Serving the Built and No/ural Enviranm;>nr,' June 14, 1994 Project No. CMJX-91-0220 Mr. Jim Gessele City of Hopkins 1010 First Street South Hopkins, MN 55343 Dear Mr. Gessele: Re: Landfill Gas Survey, North of the 7th Street Landfill, Hopkins, Minnesota As you authorized, Braun Intertec Corporation has conducted a landfill gas survey On property adjoining the north side of the 7th Street Landfill. Specifically, the survey was conducted on property owned by Rutledge Construction Company and CP Rail System. The purpose of the survey was to determine if landfill decomposition gases are present on property north of the landfill. . In summary, the results of the survey indicate that methane gas at concentrations in excess of regulatory standards are present on the Rutledge and the CP Rail System Properties. The current extent of the methane appears limited, however, elevated concentrations of methane are present near, and may be present beneath existing structures on the Rutledge property. The following report describes the methods and results of the gas survey and our recommendations. Scope/Methods The gas survey was performed on April 18 and May 6, 1994. The approximate location of the study area is depicted On Figure I. Prior to performing the work, Gopher State One-Call was contacted and underground utilities in the area were located by the respective utility companies. In vehicle accessible areas, the work was accomplished using a Geoprobe test rig subcontracted from Mobile Environmental Sampling & Analysis, Ine.. The Geoprobe locations, denoted GP-1 through GP-18, are indicated on Figure 1. The Geoprobes consisted of hydraulically pushing or hammering 1/4" diameter hollow rod to test depths of two to nine feet. The termination depths of the probes were generally at or slightly above the approximate depth of the water table. In the case of GP-16, GP-17, and GP-18, the termination depths were shallower to avoid potential damage to an existing water main. A vacuum was applied to the soils through tubing connected . to a retractable tip at the end of the push rod. A sample of gas from the test depth was then collected and analyzed using a Gastech 1939--ox gas monitor for Lower Explosive Limit (LEL) and percent gas (as methane) by volume. - ..-- -- - - Lllndfill Gas Survey Project No. CMJX-91-0220 June 14, ]994 Page 2 . On the railroad right-of-way, not accessible to vehicles, soil gas samples were collected by boring a hole using a three inch diameter hand auger to a depth of five feet. The hole was covered with plastic for approximately 15 minutes before gases from the bore hole were analyzed using the Gastech gas monitor. The Gastech was turned on and connected tubing was pushed through the plastic to approximately 3/4 the bore hole depth and the reading was taken. The locations of the h~md auger probes, denoted HP-19 through HP-23, are indicated on Figure 1. In accordance with Minnesota Department of Health rules, the Geoprobe holes were backfilled with bentonite slurry and the hand auger probes were backfilled with soil cuttings. Results The results of the gas survey are presented in the following table as percent methane gas by volume. Five percent methane gas is equivalent to 100 percent of the LEL. Methane Gas Summary (percent Gas by Volume) Probe Sample Test Depth Number 0-5' 2' 3' 6' 9' . GP-1 - - 24 15 0 GP-2 - - 8 15 0 GP-3 - - 26 0 - GP-4 - - 19 18 12 GP-5 - - 50 50 24 GP-6 - - 32 0 45 GP-7 - - 49 45 49 GP-8 - - 56 55 0 GP-9 - - 56 49 0 GP-10 - - 34 49 46 GP-11 - - 34 49 44 GP-12 - - 0 0.1 0 GP-13 - - 0 0 - GP-14 - - 0 0 - GP-lS - - 0 0.05 - GP-16 - 0 - - - GP-17 - - 0 - - GP- I 8 - 0 - - - HP-19 0 - - - - HP-20 7.5 - - - - HP-21 0 - - - - HP-22 0.1 - - - - HP-23 0 - - - - . -- --- .- - Lundfill Gas Survey Project No. CMJX-91-0220 June 14, 1994 Page 3 . The results of the above data indicate that landfill gas is present on the Rutledge and CP Rail System properties north of the landfill. The approximate extent of gas at concentrations exceeding five percent by volume (~ 100 percent of the LEL) is depicted on Figure 1. Conclusions The results of this survey indicate that methane is present on the Rutledge and CP Rail Systems properties at concentrations exceeding 100 percent of the LEL. As shown on Figure 1, the gas does not appear to extend east of the 1409 7th Street property nor does it extend north of the railroad tracks. The extent of migration west of the 1409 property was not determined during this survey, however previous surveys conducted west of this property during the summer of 1991 indicated that gas was present to the south side of the railroad but did not extend north of the railroad. Based on the site conditions, significant migration of landfill gas would not be expected north of the railroad right-of-way due to the presence of a low lying storm water drainage and ponding area located parallel and north of the right-of-way. The presence of this low ponding area should inhibit the ability of gas to migrate laterally by creating a barrier of saturated soils. The data indicates that elevated concentrations of landfill gas could be present beneath portions of the 1409 building and adjoining structures. We understand that the main office structure has no . basement but that there is some duct work beneath the floor. The possibil ity exists for gas to enter the existing building via the duct work or through openings or cracks in the floor. A safety hazard will exist if concentrations approach the LEL. Recommendations We recommend that further monitoring be conducted to evaluate the concentrations of methane gas near the structures and to evaluate whether gas is entering the structures. Our recommendations are as follows: Permanent Gas Monitoring Probe: We recommend that a permanent gas monitoring probe be installed to monitor the landfill gas concentrations over time near the 1409 office building. The proposed location of this probe should be as close to the structure as possible, near Geoprobe location GP-4. This probe should be monitored monthly as part of the overall monthly landfill gas monitoring performed on and near the landfill. Interior Gas Survey: We recommend that the interior of the structure at 1409 7th Street South be surveyed with and explosimeter by an environmental technician. The technician should examine and monitor areas of the structure which may allow gas to enter. In particular, the technician . should search for and attempt to monitor with the explosimeter, visible cracks or openings in the floor, duct work, floor drains, or other utilities which enter the building, and small enclosed spaces within the structure such as closets where gas might accumulate. To assist in this survey, .-- --- - - . Landfill Gas SUIVey Project No. CMJX-91-0220 June 14, 1994 Page 4 . we recommend that the building plans be obtained if possible and examined to evaluate potential migration routes. We recommend that this monitoring be performed on a minimum quarterly schedule as long as elevated gas levels are being observed near the building. The subsurface survey data did not indicate the presence of elevated concentrations of gas on the 1401 7th Street South property (located east of the 1409 building). However, there are several utilities that enter this building which could present preferential pathways (in higher permeable backfill) for gas migration. Considering the close proximity of the 1401 building to the areas where gas was identified, we recommend that an interior gas survey, as described above, also be performed within this building. Continuous Monitoring- Sensors/Alarms: We recommend that continuous monitoring gas sensors equipped with alarms be installed at strategic locations within the structures. At a minimum, the sensors should be calibrated to sound an audible alarm if conditions reach 10 percent of the LEL. The actual locations and number of sensors installed would be determined after completion of the interior gas survey recommended above. General . Services performed by the engineers and environmental scientists for this project have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar conditions. No warranty, expressed or implied, is made. Thank you for the opportunity to provide our services to the City of Hopkins. If you have any questions regarding this report, please feel free to call us at (612) 683-8700. Sincerely, . /' _ <L~L,-~ .~. - .. Jon E. Scharf, P.E. ~ Project Engineer B-~~ /Ii. -~~; () {1L Richard M. Johnston Director, Technical Services . Attachments: Figure 1, Site Map cc: Jon ScalI, DR&B Ken Meyer, MPCA .-- -- -- -- - -- .- - - - . "\ "1' "'!rv -1"<,, "tb~ . % "1-" "f-p' -; \ \, , I (i) 0 ' I <nV I ~Lb I I I \ (i) \ ~~ l ~ ~ +\ ~ \ '\. 0 I "+ I (i) " .:;'\. I '" fj, 7 ,,'\.+ (!1 DO ,,"0' @~, ....(;)1 N\l l'" ~l'l 0.'" ~ c"AJ x- 1:-;1 /1",- I n~ 1 I <n ~~;;lo "'~"' 0 "'0. 'd " :>oCr" ~~ >II ~8~~ '" ~ ~p~:::I "''''zg m~Uli/) -<}J.:;t>o <-1~~ eb~O 0 OOT" , "00 , . Ii. , ~," , ~. : .>. , of. , . ,0 : I ~ I . I '" <I> 10 . ~ I .. >I O. , . , '" '__ '," , , ( -----, ',ffi · cl " C____- c F.. · 0 " I," b " . ~'. S ; .' H~ .~,~ H. . . _ _ . no . _ b.c , , -- _ '.. 0 · __ "-n (~ _- ." 0 · ___ 00. · > r--- "~""Ii 0 c:: i.. . . : ~~~ ~ U'- '" ~~F ~ -.J on CcV 5 SURVEY lANDFILL G~rop.r\y Rutledge Mlnne:!loto Hopkln.:J, . , ORDINANCE NO. 93 - 735 . An Ordinance relating to Public Safety; amending Chapter IX of the Hopkins City Code by adding Section 945 - Landfill Gas Control District. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: Section 1. Declaration Of Public Policy And Purpose. The Council of the City of Hopkins hereby declares as a matter of public policy that compliance by the City of Hopkins with applicable ordersf directives or regulations of the Minnesota Pollution Control Agency regarding landfill gas emissions from the 7th street Landfill is in the interest of the health, safety and welfare of the people of the City of Hopkins in the regulation of activities thereon. Accordingly, the purpose of this chapter is to impose certain controls on certain property, for so long as required by the Minnesota Pollution Control Agency pursuant to the Closure Order and other applicable orders, directives and regulations respecting the 7th Street Landfill. Section 2. Definitions. (1) Closure Order: The Closure Order by Consent dated June 13, 1988 . between the ~nnesota Pollution Control Agency and the City with respect to the Landfill, as from time to time amended, and all directives, oral or written by the MPCA pursuant thereto. (2 ) Landfill.: The former 7th Street Landfill located in the south 1/2 of Section 25, Township 117, Range 22, Hennepin County, Minnesota. (3) Landfill Gas: Any gaseous or volatile organic compound generated or ami tted on or adjacent to the Landfill, including, without limitation, methane, by reason of decomposition of landfill waste. (4) MPCA: The Minnesota Pollution Control Agency or any successor agency performing the functions of the Minnesota Pollution Control Agency. Section 3. Property Included In District. The following described property is included within the designated Landfill Gas Control District. The boundary of the district is as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117, Range 22, begi.nning at the northeast . corner of outlot B, Westbrooke Patio Hames; thence westerly along the south line of Seventh Street South to i.ts intersection with the southeasterly ri.ght-of-way line of the Soo Line Railroad Company; thence southwesterly along the said , . southeasterly right-of-way line of said railway to its intersection with the west line of Section 25, Township 117, Range 22; thence southerly along said west line of said Section 25 to the southwest corner of the Northwest Quarter of the Southwest Quarter thereof; thence easterly along the south line of said Northwest QUarter of the Southwest QUarter of Section 25 to the southwest corner of outlot A, Westbrooke Patio Homes; thence northerly along the west line of said plat of Westbrooke Patio Homes to the southwest corner of said OUtlot B; thence easterly along the south line of said Outlot B to the southeast corner thereof; thence northerly along the east line of said OUtlot B to the point of beginning. Section 4. Entry By City. The City, and persons claiming under or through the City, shall have a right of entry onto any parcel contained within the Landfill Gas Control District, for the purpose of conducting drilling, boring or otherwise sampling [ testing the soil or ground water of any such parcel, or testing, measuring or monitoring Landfill Gas emissions thereon or for the installation or maintenance of wells, monitoring or measuring devices, or the carrying out of any remedial activity required by the MPCA. Any such entry shall be made at reasonable times and upon reasonable advance notice to any owner or person in possession. . Section 5. Activities Prohibited In Landfill Gas Control District. No building or structure shall be erected, occupied or maintained in or upon any property located within the Landfill Gas Control District; nor shall any trade or business be conducted therein or thereon nor shall any personal property, fixtures or equipment be placed, located or stored therein or thereon in violation of such orders, directives, regulations and requirements issued or promulgated from time to time by the MPCA and unl.ess the City of Hopkins shall have issued a license there for duly applied for to said City subject to such terms, conditions, restrictions and for such duration as may be established by the MPCA and such additional terms and conditions as may be imposed by the City. Section 6. Removal Of Prohibited Property. Upon determination by the city that a violation exists, the City shal.l direct abatement of such viol.ation by written order served personally or by certified mail upon the owner or party in possession specifying the violation, the action necessary to cure the violation, the time frame in which the violation must be abated and notice that the City will undertake such abatement required unless otherwise corrected within the period indicated in the notice and charge all costs incurred by the City against the real estate as a special assessment . or against the responsible party. Abatement may include without limitation, removal of existing structures or other improvements or removal of personal property, fixtures or equipment located thereon. ..- --- . Section 7. This ordinance is effective subject to the . following: First Reading December 21, 1993 Second Reading August 2, 1994 Date of Publication August 10, 1994 Effective Date of Ordinance August 30, 1994 Charles D. Redepenning, Mayor Attest: James A. Genellie, City Clerk . .