Cond. Use Permit-Temp. Ash StorageS Y
O
August 4, 1989 P " Planning Report: CUP89 -11
CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE
320 WASHINGTON AVENUE SOUTH
Proposed Action.
Staff recommends approval of the following motion: "Move approval of
Resolution NO: Z89 -14 with conditions to allow the temporary storage
of ash.
Approval of this motion will allow the temporary storage of ash at the
Hennepin County Public Works Facility.
Overview.
Hennepin County is requesting a Conditional Use Permit to temporarily
store up to 20,500 tons of ash at the Hennepin County Public Works
Facility. This ash will come from the Hennepin County Incinerator in
Minneapolis which is scheduled to be operational in August. The
County will use an existing building that has been used to store
salt.
Hennepin County needs a temporary storage facility for the ash because
the Woodlake Landfill in Medina is not expected to be operational
until November, 1989.
Staff is recommending approval for the following reasons:
o the storage of ash is temporary
to the staff's knowledge there are no long term negative
environmental impacts
adequate assurances are provided to protect the
welfare of the neighborhood.
o based on our analysis, the staff has found that the proposal
does not negatively affect the health, safety, and welfare of
the community.
Primary Issues to Consider.
o How will the County operate the storage facility?
o How long will the County operate the facility?
What are the environmental impacts of the proposed temporary
use?
o What are the impacts on the surrounding areas?
Supporting Documents.
o Detailed Background
o Staff Analysis of Issues
o Alternatives
Site Plan
Bruce A. Liesch Associates, Inc., Memo,
Hennepin County additional information
Doherty Rumble & Butler, P.A., Memo
Benshoof and Associates, Memo
Metropolitan Council Staff report
Resolution Z89 -14
06616071
Nanc')S. Anderson, Planner
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Detailed Background:
CONDITIONAL USE PERMIT — TEMPORARY ASH STORAGE
CUP:89 -11
Page 2
General Background
Hennepin County has applied to the Minnesota Pollution Control Agency
(MPCA) and to the City of Hopkins to allow the temporary storage of
ash at the Hennepin County Site. As a part of the MPCA permit
process, a review of the request is to be made by the Metropolitan
Council. As of the date of this report neither the MPCA or the
Metropolitan Council has issued a permit.
The Hopkins Zoning Ordinance requires Hennepin County to receive a
Conditional Use Permit for the temporary storage of ash on the
Hennepin County Site.
The Conditional Use Permit process allows the City to review the
proposal, analyze its impacts and attach reasonable to the permit in
order protect the health, safety and welfare of the Community.
The City hired several consultants because of the complex nature of
this proposal. These consultants have reviewed that proposed permit
and have proposed conditions intended to protect the Citys interest.
The following is a list of the consultants the their expertise:
- John C. Lichter, P.E. Bruce A. Liesch Associates, Inc.,
Environmental Review
- Dick Nowlan, Doherty Rumble & Butler, P.A., Legal
Mitch Wonson, Benshoof and Associates, Traffic
Primary Issues to Consider:
o How will the County operate the storage facility?
The proposed ash storage facility is an existing salt storage building
which is located near the center of the 40 acre site. This building
is approximately 160' x 140'and is enclosed on the east, north, and
west sides. The capacity of the building is approximately 20,500 tons
of ash.
The storage building is constructed of steel and plywood. The floor
is a 4" bituminous surface. The floor has berms on three sides which
rise to the roof supports.
The incoming trucks will use County Road 3 to 5th Avenue and enter the
Hennepin County site from Third Street South. No trucks will use the
site access from 2nd Avenue South.
The ash will be delivered in triple -axle end -dump trailers fitted with
roll -back top covers with a capacity of 20 to 25 tons. 15 -20 delivery
vehicles are anticipated daily.
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CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE
CUP:89 -11
Page 3
When a truck arrives at the site it will be weighed. The truck will
then go to the storage building. The unloading of the ash will be
within the building. The ash will be in a continuously moist state
when it is stored, delivered, and removed.
The site is fenced by a seven foot high chain link fence with
controlled access.
No plans have been presented which detail the ash removal process.
Staff has recommended a condition which requires a removal plan to be
submitted and approved by October 1, 1989.
How long will the County operate the facility?
The storage of ash on the Hennepin County site is temporary. The total
storage and removal process would be authorized for no more than six
months. Hennepin County is requesting a storage schedule of August
15, through December 15, 1989. Removal of the ash would take place
when the permanent storage facility is ready which could be as early
as November, but in no case later than six months from commencement of
temporary storage.
What are the environmental impacts of the proposed temporary use?
Hennepin County has prepared an Environmental Assessment Worksheet
(EAW) for this request. Our environmental consultant will have
reviewed the EAW by the date of the planning commission meeting. The
EAW is a discretionary EAW and is being prepared on a, voluntary- - basis
by Hennepin County.
Staff is recommending that a ground water monitoring system be
installed if it is determined that the asphalt liner (floor) of the
storage facility does not have an adequate barrier to ground water
seepage.
The staff proposes a bond or letter of credit be obtained to ensure
proper clean -up of the site if deemed necessary by the City. This
will adequately ensure that the temporary use will not have long term
negative impacts on the site.
The current building has an open south wall. Staff is recommending as
a condition a closure on the south wall to prevent dust /ash from
escaping the building. The structure will also be upgraded by the
installation of a sprinkling system to keep the ash in a moist state.
Adequate berming will exist to collect and remove any liquids which
may result from the added moisture.
CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE
CUP:89 -11
Page 4
Based on the information received from the consultants there are no
known environmental impacts resulting from the applicants proposal.
See memo from John C. Lichter. Staff is recommending a condition
which would require monitoring to ensure that no environmental impacts
result from the temporary storage.
o What are the operational impacts of a temporary storage facility on
the surrounding areas?
The proposed use consists of truck hauling, dumping and storage.
These activities are consistent with the current activities on the
site.
In order to minimize potential impacts on the surrounding areas,
staff is recommending a number of conditions which control the
operation of the proposed temporary use. The are:
o hours of operation shall be from 6 a.m. to 6 p.m.
o days of operation shall be Monday through Saturday (no
holidays)
o truck traffic shall be routed to the northern access of the
site. The trucks will be routed via T.H. 169 /CSAH 3 /5th
Ave. /3rd St. South to the existing access point off 3rd St.
just west of the main building complex
It is estimated the there will be approximately 15 -20 more trucks a
day. The City did retain a traffic consultant to review the
additional truck traffic and the traffic implications (see memo from
Mitch Wonson). The traffic consultant has required two conditions:
1. the CSAH 3 route be designated as the only route -to be
utilized for access to /from the public works site
2. a traffic management plan for relocation of the ash be
approved by the City
The staff believes that placing the recommended conditions on the
temporary storage results in minimal impact on the surrounding areas.
Alternatives.
1. Approve the Conditional Use Permit as recommended by staff to
allow the temporary storage of ash at the Hennepin County
site. By approving the Conditional Use Permit the County will
be able to temporarily store ash.
2. Approve the Conditional Use Permit with additions /changes. If
the Commission feels that additional conditions should be
added, it should be done at this time.
CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE
CUP:89 -11
Page 5
3. Deny the Conditional Use Permit to allow the temporary storage
of ash at the Hennepin County site. Should the Planning
Commission recommend denial, findings of fact would have to be
made in the following areas:
- environmental impacts
- traffic
- operational impacts (hours, days, etc.)
Staff does not recommend denial.
4. Continue for further information or analysis. If the
Commission feels further information is needed, the item
should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: Z89 -14
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL
OF APPLICATION FOR CONDITIONAL USE PERMIT CUP89 -11
WHEREAS, an application for a Conditional Use Permit entitled CUP89 -
11, made by Hennepin County, 320 Washington Avenue South,
to allow temporary storage of ash is recommended for
approval.
WHEREAS, the procedural history of the application is as follows:
1. That an application for Conditional Use Permit CUP89 -11
was filed with the City of Hopkins on July 21, 1989.
2. That the Hopkins Planning Commission reviewed such
application on August 8, 1989.
3. That the Hopkins Planning Commission, pursuant to
published and mailed notices, held a public hearing on
August 8, 1989: all persons present at the hearing were
given an opportunity to be heard.
4. That the written comments and analysis of the City
Staff and the Planning Commission were considered.
NOW THEREFORE BE IT RESOLVED, that application for Conditional Use
Permit CUP89 -11 is hereby recommended for approval subject
to the following Findings of Fact:
1. The proposed use is Not a waste facility as defined by
State Statute.
2. The applicants request meets Conditional Use Permit
requirements.
3. The storage of ash at the Hennepin County site is
temporary and is best treated as an interim use.
4. Permittee has applied to the City and the Minnesota
Pollution Control Agency (MPCA) for authorization to
temporarily store up to 20,500 tons of process
residuals generated during the start -up testing period
at the Hennepin Energy Resource Company (HERC),
Resource Recovery Facility (the Facility) located in
downtown Minneapolis in an existing storage building
(the Building) previously used for the storage of salt
for highway maintenance on the Hennepin County Public
Works Facility site (the Site) in the City of Hopkins.
5. Permittee represents that it has an emergency need for
this storage capacity due to the inability to secure a
permit to temporarily or permanently store Facility ash -
at an alternative location, and contractual commitments
it has with HERC.
6. The City has determined that the temporary storage of
ash in the Building can be authorized by the issuance
of a conditional use permit which must be supplemented
by an interim use permit which authorizes this
emergency temporary storage for no more than six (6)
months from the commencement of operations.
BE IT FURTHER RESOLVED, that application for CUP89 -11 is hereby
recommended for approval subject to the following
Conditions:
1. The Conditional Use Permit authorizes only the storage of
ash from the Facility in the Building; no other process
residuals may be stored in the Building.
2. Authorized ash must be stored exclusively within the
Building; no outside storage or storage elsewhere on the
site is authorized.
3. Storage of no more than 20,500 ton of ash is authorized
provided that the City may determine that the Building
structure and safety conditions justify the storage of a
smaller maximum amount in the Building.
4. This permit authorizes the placement of ash in the Building
from the commencement date authorized by this permit until
no later than December 15, 1989. In the event that
authorization is secured for the storage of Facility ash at
an alternative location prior to December 15,- Facility ash
storage must be discontinued effective the date of such
authorization.
5. All ash in the Building shall be removed from the Building
and stored or disposed at another location(s) within no
longer than six months following the commencement of the
storage authorized pursuant hereto.
6. Receipt of MPCA authorization and all other governmental
authorizations necessary for ash storage in the Building.
7. No ash may be stored in the Building until the following
have been submitted to and approved by the Hopkins City
Council.
o Plans for constructing a wall enclosure on the south side
of the Building and constructed prior to October 1, 1989.
Plans for the construction and installation of a leachate
collection system berm along the southern edge of the
Building and acceptable arrangements for the disposal of
leachate and any other liquids collected.
o A ground water quality monitoring plan which includes at
a minimum the installation of four monitoring wells in
proximity to the Building unless it is determined that
the asphalt liner achieves a 95% liquid retention
efficiency coefficient.
An ash removal plan which at a minimum describes
action(s) to be taken by the permittee in the event an
alternative ash storage and /or disposal facility for the
Facility ash has not been authorized by December 1, 1989.
8. A traffic management plan for the removal of the ash from
the Building which includes a schedule controlling and
limiting the number of ash hauling vehicles which may depart
from the Building by time of day and designates proposed
haul roads for these vehicles. The traffic management plan
shall also avoid and /or minimize adverse impacts on traffic
within the City.
o A post removal testing program for determining the
environmental impacts attributable to the storage of ash
within the Building.
o A description of measures to be taken if the ash deposit
is frozen at the time that removal from the Building must
be accomplished.
9. Trucks will be routed via T.H. 169 /CSAH 3 /5th Ave /3rd St.
South to the existing access point off 3rd St. just west of
the main building complex.
10. Measures must be taken to prevent the emission or migration
of ash dust from the Building. Operations within the
Building shall be conducted to prevent potential adverse
noise impact on off -site property. In the event of an
adverse noise impact on adjacent property occurs in the
judgment of the zoning administrator, permittee shall
immediately modify storage operations to eliminate the
impact. Permittee shall also take precautions to prevent
the emission of any odors from the Building.
11. The permittee shall collect and remove any ash released or
spilled during the ash hauling or storage operations. In
the event of any release or spill, the permittee shall
promptly notify the City of the occurrence. Collection
removal and clean -up activity shall be instituted by the
permittee promptly following the occurrence. In the event
that the permittee fails to collect and remove the ash
within forty -eight (48) hours following the occurrence of a
release or spill, the City may collect and remove the ash.
Thereafter the City is authorized to bill the cost of such
collection and removal to the permittee and the permittee
shall remit payment for this activity within thirty (30)
days following the receipt of the bill.
f
12. All ash deliveries and removal activity and the placement
and movement of ash within the Building shall be conducted
between 6:00 a.m. and 6:00 p.m. daily and no hauling or
storage activities may occur on Sundays or holidays.
13. Adequate vehicle stacking accommodations shall be provided
on Site to ensure that no vehicle desiring entry to the Site
shall have to wait on roads outside the perimeter of the
Site.
14. The storage operation authorized herein shall at all times
be in compliance with all applicable state and federal laws,
regulations and permits.
15. The storage operation shall be conducted in compliance with
this permit and other applicable City ordinances and
regulations.
16. Any violation of this permit shall entitle the City to
immediately order the termination of the placement of
additional ash in the Building and to commence any other
available remedial action authorized by law or ordinance.
17. In the event that the City Council determines that a
violation of this permit or any other applicable
governmental authorization has occurred which results in an
imminent danger to the health and safety of the City's
residents, the City may order the immediate termination of
this storage operation and revoke this permit without the
necessity of securing a judicial order in advance of the
same. In the event of any other violation of this permit or
any other governmental authorization, the City may act to
revoke this permit only following the conduct of a hearing
relating to such revocation proceeded by thirty (30) days
written notice to the Permittee.
18. The violation of any provision of this permit shall be a
misdemeanor.
19. No action or inaction by the City shall constitute a waiver
or amendment of any other provisions of this permit.
Amendments or waivers must be in writing, signed by the
Permittee and approved by resolution of the City Council.
The City's failure to take prompt action to enforce this
permit shall not be a release or waiver of any of the rights
and obligations contained herein.
20. Any charges, fees and costs incurred by the City in the
review of the application for this permit and its
administration shall be reimbursed to the City by the
Permittee. The fees, charges and cost which must be
reimbursed include without limitation, legal, planning,
engineering and inspection and expenses for consultants and
City staff. The Permittee shall reimburse the City for such
charges, fees and costs within thirty (30) days following
the transmission of a notice and statement requesting
reimbursement for the same.
21. The Permittee shall defend and hold the City, its officers,
employees and consultants harmless from any and all claims,
costs, damages or other expenses paid, sustained or incurred
incident to or resulting from the approval of this permit,
the storage operation or any activities incident to the
permit. Specifically and without establishing limitation,
the Permittee shall defend, indemnify and hold the City, its
officers, employees and consultants harmless from any and
all costs, expenses, claims and damages which may be imposed
upon the Permittee incident to the activity authorized by
this permit pursuant to Minn. Stat. S 115B.01 et. seq. (The
Minnesota Environmental Response Liability Act).
22. The City may inspect the Building and the permitted
operations for any purpose and may examine and copy hauling
and storage records and obtain information pertaining to the
construction operation for environmental effect of the
storage facility at any time during normal operating hours
provided that the City may inspect the Building at any time
in the event of an emergency.
23. The Permittee shall prepare and maintain accurate records of
daily ash storage receipts and operations. Ash receipt and
removal volume shall be recorded on a daily basis in a
manner acceptable to the City. The ash storage records
shall be maintained in the Building or on the Site for
review and inspection by the City. Environmental monitoring
reports and records shall be transmitted immediately
following the production to the City.
24. The permittee shall secure and maintain insurance from an
insurance company acceptable to the City and authorized to
write casualty insurance in the State of Minnesota which
will protect the permittee, its agents and employees, and
the City from claims for bodily injury, death, or property
damage which may arise from the storage operaions. The
permittee shall file a certificate of insurance or a
certified copy of the insurance policy with the City. Such
insurance policy shall contain a clause providing that it
shall not be cancelled by the insurance company without
thirty (30) days written notice to the City of intention to
cancel. The following coverages shall be provided in amounts
not less than those specified:
(a) Public liability, general liability, loading and
unloading, (completed operations, explosion, collapse,
underground operations) personal injury, and property
damage with the following minimum limits;
1. Two Hundred Thousand Dollars ($200,000) per
claimant.
2. Six Hundred Thousand Dollars ($600,000) per
occurrence.
3. Six Hundred Thousand Dollars ($600,000) annual
aggregate.
(b) Automobile and truck public liability, personal injury,
and property damage, including owned and non -owned
vehicles with a Five Hundred Thousand Dollars ($500,000)
minimum limit.
(c) The City may require additional insurance be provided by
Permittee if market conditions change such that
additional coverages become economically practicable.
The insurance limits required by this section shall be
reduced if these insurance limits are not reasonably and
economically available. For the purposes of this
subsection "economically practicable" and reasonably and
"economically available" shall be determined by the
insurance coverages affected by the Minnesota Joint
Underwriters Association or the readibly available
private insurance market.
25. The Permittee shall furnish a surety bond or letter of
credit in the amount of $2,000,000 to run continuously until
the permitted storage operation has been completed.. The
bond and or letter of credit shall assure compliance with
the terms and conditions of this permit. The bond or letter
of credit shall be made by a company or financial
institution acceptable to the City and shall be in a form
acceptable to the City and its attorney. The bond or letter
of credit shall not be subject to cancellation until_the
completion of the permit activities. The bond or letter of
credit shall provide that if the Permittee violates any of
the provisions of this permit or refuses to obey any order
of the City or any other required remedial action or for any
reasons ceases to continue the operations under this permit
and does not thereafter comply with the termination and
removal obligations, the City may utilize bond or letter of
credit proceeds to achieve compliance with this permit
(including, without limit, to store, repair, clean up
Building, remove the ash) in accordance with the
requirements provided herein.
26. The City reserves and the Permittee accepts the City's right
to modify this permit or impose additional conditions on the
Permittee at any time due to additional knowledge or
information relative to the environmental or health effects
of permitted activity or for any other reason.
27. Permittee understands and agrees that the permitted activity
is more appropriately and accurately characterized as an
interim use in accordance with the provisions of Minn. Laws
1989, Chapter 200, S 2. Though permitted activity is an
"interim use ", the City must enact an enabling ordinance
provision in order to issue such a permit. Permittee
accepts that once the City has enacted this enabling
provision, this permit shall be transformed to an interim
use permit which contains the same provisions and conditions
contained herein subject to any modifications which may be
authorized pursuant to State Statute.
Adopted this 15 day of August, 1989.
Toni Richardson, Chair
Street
South
SITE PLAN OF DEPARTMENT OF PUBLIC WORKS
MAIN EQUIPMENT AND STORAGE YARD, HOPKINS
3rd Street
Existing
Stockpile and
Loading Area
SALT STORAGE BLDG.
SITE BOUNDARY —
South
Existing Site
Access
EXISTING
BUILDINGS
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Existing
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200
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