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Cond. Use Permit-Temp. Ash Storage• August 4, 1989 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 o based on staff's analysis we believe there negative environmental impacts adequate assurances are provided to protect the general welfare of the neighborhood. 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? o What are the environmental impacts of the proposed temporary use? What are the impacts on the surrounding areas? Supporting Documents. o Detailed Background o Staff Analysis of Issues o Alternatives o Site Plan o Bruce A. Liesch Associates, Inc. Memo, o Hennepin County additional information o Doherty Rumble & Butler, P.A., Memo o Benshoof and Associates, Memo o Metropolitan Council Staff report o Resolution Z89 -14 '''CA n ,� is ( kd nom Nancy S. Anderson, Planner • • 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 conditions 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 City's 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. 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. o 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 adverse environmental impacts resulting from the applicants proposal. (See memo from John C. Lichter attached). 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: 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 for a maximum of six months, after satisfying the required conditions. 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 applicant's 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. . No ash may be stored in the Building until the following have been submitted to and, approved by the Hopkins City Council. 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. o 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. In addition the following shall be submitted on or before October 1, 1989 for City Council approval: o. 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. All delivery and removal trucks must 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 within 24 hours 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. 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. Each day during which a particular violation remains uncorrected shall constitute another 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 operations. 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. 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. 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 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 the 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. 28. Permittee understands and agrees that storage will be allowed at the Hopkins facility only when the necessary approvals are given to the Medina storage permit. Adopted this 29th day of August, 1989. Toni Richardson, Chair BENSHOOF & ASSOCIATES INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119 / EDEN PRAIRIE, MINNESOTA 55344 / (612) 944 -7590 / FAX (612) 944 -9322 • July 28, 1989 M E M O R A N D U M TO: Mr. Steve Mielke, City of Hopkins FROM: Mitch Wonson ° PURPOSE AND BACKGROUND REFER TO FILE: RE: Traffic Analysis of Hennepin County Temporary Ash Storage Proposal Through discussions with County staff we understand that key aspects of the proposal which are germane to analysis of the traffic implications include: no additional employees will be required at the public works site to accommodate the ash disposal, thus generating no new empoyee trips 89 -34 -46 The purpose of this memorandum is to present the findings of our review of the traffic implications of the Hennepin County ash storage proposal. The proposal is to store ash from the Hennepin County incinerator at the public works site for a temporary period of approximately four months. At the end of the time period, the ash will be relocated to a designated landfill in Medina. deliveries will be made in combination tractor /dump trailers similar in operating characteristics to typical tractor /trailer combination vehicles . the average number of deliveries will typically be in a range of 10 -15 vehicles per weekday, with a maximum number of 20 vehicles on any given day ash disposal 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 At this time details concerning the number of trips generated and times of operation for relocation of the ash to Medina have not been finalized. Specifics of this aspect of the proposal are dependent in great part on the processing time required to load and unload the vehicles transporting the ash. • • Mr. Steve Mielke Key aspects of the public roadways serving the site include: ANALYSIS -2- July 28, 1989 . CSAH 3 is a designated minor arterial with major signalized intersections at 5th Ave. South and T.H. 169. Based upon Hennepin County traffic data, average daily traffic is approximately 27,000 vehicles on CSAH 3. The intersection with 5th Ave. South operates at a level of service D during the PM peak hour. . 5th Ave. South and 3rd St. South are collector roadways with average daily volumes of approximately 6,500 vehicles. The T intersection of these roadways has three way stop control and two lanes on each approach. During the PM peak hour the intersection operates at level of service A. The route to be utilized by Hennepin County trucks currently accommodates a significant number of com- bination vehicles from both the existing Hennepin County site and adjacent industrial /warehouse users. The ash storage vehicles will be combination (tractor /trailer) type vehicles. This type vehicle currently operates from the Hennepin County facility. The route designated for use is designed to accommodate this type of vehicle. As such, the public roadway system can accommodate the type of vehicle proposed to transport ash. The number of delivery trips generated by the proposal is limited, with a maximum of 40 trips (20 in /out) on a daily basis and 6 trips during the peak hour. These volumes represent limited increases in traffic on the adjacent public roadway system ranging from .1% to .67. on a daily basis on CSAH 3 and 3rd St. respectively. At the intersections of CSAH 3 /5th Ave. 5. and 5th Ave. S. /3rd St. S., the addition of proposal traffic does not affect existing levels of service or delay. Based upon these findings, it is considered that the traffic generated by transporting ash to the public works site can be effectively accommodated on the public roadway system. It is recommended that Hennepin County continue to refine the traffic signal system along CSAH 3 to ensure effective operations at the intersection with 5th Ave. with particular emphasis on the westbound left turn movement. • Mr. Steve Mielke -3- July 28, 1989 An alternative route to the site, T.H. 169 to 2nd Ave. South, is not proposed to be utilized by vehicles transporting ash. While this route could effectively accommodate the proposed vehicles, it likely is not desirable given adjacent residential land uses. As such, it may be appropriate for the City to designate the proposed route via CSAH 3 as the only route for transporting ash. As noted, the specific details concerning traffic generated by relocation of the ash to Medina have not been finalized. The potential traffic implicataions of this relocation can be controlled through a traffic management plan. The management plan could include controlling the number of vehicles generated by time of day. If necessary, restrictions could be placed on trip generation during the morning and evening peak periods (those time periods during which traffic impacts would be greatest). It is recommended that the City require approval of a traffic management plan for this phase of the proposal as a condition of overall project approval. CONCLUSIONS AND RECOMMENDATIONS The proposed temporary ash storage will generate a limited amount of traffic, with vehicle types similar to those currently on the roadway system. Based upon our analysis of the traffic volumes, characteristics of the adjacent roadway system, and traffic patterns proposed, we conclude that the public roadway system can safely and effectively accommodate proposal traffic subject to adherence to 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 • METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 DATE: July 19, 1989 TO: Environmental Resources Committee FROM: Solid Waste Division (Wayne Nelson, 291 -6406) SUBJECT: Hennepin County Bureau of Public Service Storage Facility City of Hopkins Metropolitan Council Referral File No. 14894 -1 Metropolitan Council District 13 INTRODUCTION Hennepin County is seeking a temporary ash storage permit from the Minnesota Pollution Control Agency to use a large county storage building in Hopkins to temporarily store ash from its solid waste incinerator. The storage capacity is urgently needed because the temporary storage facility expected to be permitted later this month at the Woodlake Landfill in Medina is not expected to be operational until about November of this year. The incinerator is scheduled to begin operation next month. The temporary storage would occur in the "salt storage building" at the Bureau of Public Service facility in Hopkins. The facility is currently used for storing road maintenance materials including gravel, salt and aggregates. MPCA staff anticipate issuing a Type I ash storage permit effective through December 15, 1989. AUTHORITY TO REVIEW The Metropolitan Council is required by Minn. Stat. 473.823, subd. 3, to issue a permit determination within 60 days of its receipt of a facility permit from the MPCA unless a review extension is granted. The 60 -day period for this review lapses on September 10, 1989. Council approval must be based on consistency with the Solid Waste Management chapter of the Metropolitan Development Guide. Approval may be subject to conditions necessary to satisfy criteria and standards in the policy plan. Disapproval is required if the Council determines that a permit is not in accordance with its policy plan. SUMMARY OF PREVIOUS REFERRALS AND EXPECTATION FOR RELATED SUBMISSIONS o Waste Flow Designation Plan (1985) o Solid Waste Management Master Plan. (1987) o EAW for a temporary and possibly permanent (Type II) ash storage facility at Woodlake (MPCA is preparing as RGU) o Temporary ash storage (Type I) permit application (May 1989) • • NOTIFICATION AND RESPONSE The following entities were notified that the Council has received this permit application for review. o Hennepin County o Hopkins o Hennepin County Soil & Water Conservation District. o Metropolitan Waste Control Commission o Minnesota Dept. of Natural Resources o Minnesota Environmental Quality Board o Minnesota Dept. of Agriculture o Minnesota Dept. of Health Div. of Environmental Health This report was prepared within a week of the above notifications and no responses were submitted during this period. PROJECT DESCRIPTION The Hennepin Energy Resource Company (HERC) Resource Recovery Facility located in downtown Minneapolis is scheduled to begin operations about August 15, 1989. Production is expected to increase each month until normal operating capacity is reached in December 1989. Incoming solid waste during this period is projected at 73,500 tons resulting in 19,845 tons of ash materials. Temporary storage will be needed until about the beginning of November when a storage cell is completed at the Woodlake Landfill. The temporary storage is proposed within a salt storage shed with a capacity of 20,500 tons. The shed is located approximately in the center of the 40 -acre county public service operations and maintenance facility southwest of US Highway 169 and 3rd Street S. in Hopkins. The street address is 320 Washington Ave. S. (See Figure). The ash produced at the HERC incinerator will include scrubber residue (primarily lime) , will be quenched with water, and will be conditioned to remove free liquid and minimize fugutive dust before delivery to the Hopkins facility. Delivery trucks would be weighed at the scale outside the storage building. Maximum delivery volume is projected at 260 tons per day. Deliveries are anticipated in triple -axel end -dump trailers fitted with roll -back top covers with a capacity of 20 to 25 tons. When HERC operations achieve designed production capacity, 15 - 20 delivery vehicles are anticipated daily. The facility will serve HERC delivery vehicles exclusively. The routing from downtown Minneapolis will be on MN Highway 55 to south US 169 to west Hennepin County 3 to south 5th Ave. to east 3rd St. S. to the facility. • Unloading and storage would occur within the shed which is a steel, plywood and earthen structure that is open on the south side. The shed is above e n u u t 5th ! 11111 ` iIflJr ] giI i a c di du a . - , �j •J - _ B s stw s. Street Ale. • WAVE* : EJDI NA : : sai • 1 South SITE PLAN OF DEPARTMENT OF PUBLIC WORKS MAIN EQUIPMENT AND STORAGE YARD, HOPKINS Existing Stockpile and Loading Area 3rd Street SALT STORAGE BLDG. j SITE BOUNDARY — Existing Site Access South EXISTING BUILDINGS d A S 0 Existing Site Access 0 200 Feet H W Y 1 6 9 0 L D w • • • grade with a bituminous floor surface (4" minimum) . Berms on three sides rise to the roof supports and provide additional protection against storm water run -on into the facility. The structure has no floor drains and the floor slopes toward the southwest corner. A berm and collection device would be installed on the south side of the facility if indoor runoff did occur. The shed and scale are within a 20 -acre section of the site that is fenced and guarded when the access through the scale area is closed. PROJECT REVIEW The following Solid Waste Management Policy Plan /Development Guide criteria are applicable to the proposed Type I facility review: capacity, location, environmental impacts and operations. CAPACITY These criteria are intended to assure that facility sizing will not interfere with any of the priorities in the land disposal development schedule. Development of this interim facility is consistent with the land disposal development schedule. The interim facility will not affect land disposal volumes because the material will be land disposed regardless of whether the interim facility is deployed. The development schedule assumes existing landfill capacity will be available for the disposal of residuals until new disposal facilities are developed. The Guide projects from 1985 through 1990 that 40 percent by weight of all waste handled by reduction /recovery technologies will be returned as residuals still requiring landfilling.- LOCATION These criteria are intended to assure that location is consistent with Council land use policies, compatible with metropolitan systems, and compatible with surrounding land uses. The site in Hopkins is within the Metropolitan urban service area and is zoned general industrial. Transportation to and from the facility will occur on 9 -ton or better road surfaces in vehicles with maximum axle weights of eight and a half tons. Local and collector streets do provide access to the site from County Rd. 3, but these streets traverse a commercial /industrial area. No other metropolitan systems will be affected. The. facility is buffered by existing county operations and storage activities that completely surround it. Residential and commercial land uses predominate outside the county property. The MPCA, in cooperation with the city of Hopkins and Hennepin County, has scheduled a public informational meeting on August 7, 1989, at 7:00 p.m. in the Hopkins City Hall to address local concerns about the operation. The city will conduct a zoning review process that will allow it to influence such factors as hours of operation, monitoring and corrective actions that may be necessary to address operational problems. The facility will 4 • • revert to use for road maintenance storage operations after the ash is loaded back into trailers with front end loaders and removed to the Woodlake Landfill storage facility following its completion. ENVIRONMENTAL IMPACTS These criteria are intended to assure that such facilities are located, designed and operated to prevent air pollution or the discharge of leachate under or beyond site boundaries. Air pollution is very unlikely because the damp ash will be transported and unloaded in covered vehicles and storage areas. Run -on and run -off should be properly controled by the enclosed structure and earthen berms. Regular inspection and management in response to pooling of moisture or fugitive dust should assure that the ash is maintained in a condition that is dry enough not to form leachate and damp enough not to create dust. Litter will not be a consideration because the incineration process destroys it. OPERATIONS These criteria are intended to assure that permit applicants are responsible, the facilities will be controlled both to prevent unauthorized entry and provide for wastes left illegally, and backup service is available in the event of an emergency. Hennepin County has demonstrated a commitment to solid waste management. It has planned and developed waste management facilities consistent with county, regional and state planning requirements. It successfully operates yard waste and household hazardous waste management programs and oversees hauler licensing and hazardous waste regulation at the county level. The facility will be controlled by fencing and access only through the scale operation. Illegal dumping outside the facility will not be a problem because disposal of all the ash residue is covered under contract. The county presently has no backup for this backup arrangement other than to close the HERC facility. The county is negotiating alternative backup arrangements, however, with other parties. No assurance is provided that the stored ash will be promptly removed. The county has an incentive to remove the material to provide space for salt storage during the winter months and MPCA enforcement authority could be relied upon when the permit expires at the end of the year. From a good business management perspective, however, the cost of this activity should be predicted in advance and assessed at the time the cost is incurred. Consequently, a condition should be established requiring that the cost of removal and delivery of the ash to a more permanent disposal location be estimated on a tonnage basis and corresponding amounts be escrowed as the storage activity progresses. • CONCLUSIONS 1. The proposed Type I facility is consistent with the Solid Waste Management Policy Plan /Development Guide. 2. The facility is consistent with the land disposal development schedule and will not increase the demand for land disposal capacity. 3. The facility is compatible with metropolitan systems. 4. The facility is intended for interim use only during 1989. 5. The facility should have no adverse environmental impacts. and 6. The permit should be conditioned to require that the cost be of rem mate oval on a delivery of the ash to a more permanent disposal tonnage basis and corresponding amounts be escrowed for this purpose as the storage activity progresses. RECOMMENDATION l the Metropolitan Council approve, subject to the following condition, t uance of a Type I incinerator ash storage facility permit to Hennepin County for temporary storage of MSW incinerator ash at the Hennepin County Bureau of Public Service Storage Facility in Hopkins. The cost of removal and delivery of the ash to a more permanent disposal location must be estimated on a tonnage basis and corresponding funds must be escrowed for this purpose as the storage activity progresses. • August 3, 1989 Steve Mielke Community Development Director City of Hopkins 1010 First Street South Hopkins, MN 55343 Dear Mr. Mielke: DEPARTMENT OF PUBLIC WORKS Environment & Energy Division 822 South Third Street, Suite 300 Minneapolis, Minnesota 55415 -1208 Phone: (612) 348 -6846 The following are responses to the issues raised from B. A. Liesch and Associates document review of the Hennepin County Conditional Use Permit application to the City of Hopkins for temporary storage of HERC process residues at the Bureau of 111/1 Public Service facility. The County provides these responses for your review and distribution to interested parties prior to the August 8, 1989 meeting before the planning commission. 1. Estimate of truck traffic per day - may be low during load out period... Is 1/1/90 closure realistic if ash is accepted into December? Assuming complete use of the facility (20,000 cubic yards capacity), an average material density of 2000 lbs /cubic yard (1 ton /cubic yard), and a transport vehicle capacity of 25 tons of material, it is estimated that 800 trips are necessary to completely remove the material from the facility. It is anticipated that the ash storage facility at the Woodlake Landfill in Medina may be available as soon as November 1, which would reduce the amount of material stored at the Hopkins facility to approximately 12,000 cubic yards. This reduces the number of loadout trips to 480, and could realistically be accomplished in 15 working days, or approximately three weeks working eight hours per day on a five day work week, averaging 4 loads per hour. Alternatively, if the number of loads were restricted to the same frequency as the delivery schedule, or 20 per day, complete loadout could be accomplished in 24 working days. Accepting ash up to December 1 would provide approximately 30 days to close the facility by January 1, 1990, of which 24 days are available to transport the material using a six day work week. This translates to an _1 HENNEPIN COUNTY an equal opportunity employer average of 34 trucks per day, or 4 trucks per hour on a 8 1/2 hour work day, over a 24 day period to fully accomplish loadout, given the assumptions used above. It appears that January 1, 1990 closure would be realizable should material be accepted up to December 1. 2. Fugitive dust from site during high southwind... What mitigative measures will be taken or considered? Wind erosion of exposed ash surfaces are intermittent in nature, occurring during high wind events. Potential emissions are a function of moisture content, management practices, and physical characteristics of the ash after placement. To this end, potential emissions are maximized by high frequency of high wind speeds, high silt content, high levels of surfaces exposed to high winds, and low moisture content. Mitigative measures inherent in this application include elimination of exposure to winds from all directions except to the south, low silt content (3 - 5 %) of the material, high expected and designed moisture content (15 - 22 %; no free moisture) of the material, and low to moderate amounts of exposed surface available for erosion. Additionally, the pozzolanic nature of residues from dry scrubbing systems results in deposited ash forming a hard, nonerodible surface. It is anticipated that no fugitive emissions will result from high south wind events due primarily to the physical characteristics of the material, but the County continues to investigate other mitigative measures should a fugitive emission be realized, including operational modifications of the ash handling and conditioning system at the HERC facility and evaluations of design and installation of a temporary barrier on the south end of the structure. 3. Leachate Collection Need description of system. How will it be constructed? Liner efficiency /calculations /evaluation. Leachate is not expected to be generated by the storage of the material since the indoor storage eliminates exposure to precipitation which would cause leachate formation. Although the material exhibits a moisture content of 15 - 22 %, there is no free moisture in the material. Nevertheless, the County intends to construct a small berm - 10" or less - allowing the transport vehicles and site equipment to gain access to the facility - on the south side of the facility to help contain any free liquid or leachate which may be encountered. The general cross section design is illustrated in Figure 1 below. The liquid will be collected and contained on site, subjected to appropriate chemical analyses, and disposed of through approved and permitted methods and facilities. -2- 1 0" -3- - 8" . • 1 • ), 2 9 •- Figure 1 South Side Berm Cross - section Slope = 2:1 Existing Base r Sp, • / s • . 1 Regarding liner efficiencies, liners are designed and intended to control and minimize the transport of leachate and its associated constituents out of the containment system. Several factors influence the performance of a liner system, including the volume of material in place, the hydraulic head on the liner, the thickness of the liner, the amount of moisture available and introduced to the waste, the surface area exposed to precipitation and run -on, the permeabilities of the liner materials, and the time the leachate is in contact with the liner. Several aspects of the storage proposal indicate minimum impact on a liner system. Indoor storage of the material minimizes leachate formation by eliminating the introduction of moisture to the material. The material will not be compacted, minimizing any hydraulic head impinging the bituminous floor. The proposed term of storage is insufficient to allow transport of any leachate through the floor, as any free liquids inadvertently present will be discovered with each subsequent delivery of material, and immediately removed, minimizing the time liquids or leachate would potentially be in contact with the floor surface. Prior to placement of any material in the facility, the County will conduct a site assessment of the bituminous floor and berm surface, and perform any necessary repairs to insure the integrity of the surface and ensure no run -off from the roof or surrounding area enters the storage area. Following this site assessment and prior to deposition of material, a sand blanket of up to 4" will be installed, to prevent direct contact of any material with the floor surface, and facilitate removal ' and clean-up efforts after closure. An additional function this sand blanket will serve is to promote the transport of any free liquids inadvertently present to the collection point of the facility and eliminate the possibility of ponding of this liquid on the surface of the floor. Calculation of the efficiency of the system is dependent upon the need to use many assumptions, and most accepted transport models are designed for systems utilizing natural soil barriers. Furthermore, the application of some modeling techniques is limited and restrictive, requiring the input of climatological and geotechnical data presently unavailable to this project. Additionally, accurate performance of a modeling technique • 5. requires the measured permeabilities of the materials composing the liner. Although there is a non - destructive method for applying an ASTM standard for determining the in -place permeability of bituminous surfaces (ASTM D 3637), to this date no known applications of this standard for lining system efficiency studies have been performed in the area. More traditional permeability studies are less reliable and require destruction of the in -place surface. 4. Attachment C Contingency Plan Need to name emergency coordinators and alternates. The Minnesota Pollution Control Agency (MPCA) has recognized these issues regarding the proposal for indoor storage of process residues, and has also determined that the bituminous floor in the facility is adequate in construction and design to effectively perform as a lining system to contain any potential free liquids or leachate from this storage. Attempts at estimating the performance efficiency of the system would lead to results which were unreliable and founded on a number of assumptions. The Attachment C Contingency Plan is the methodology to be followed in the event of contingency action, and prior to operation of the facility Emergency Coordinator(s) and alternate(s) will be named and fully trained in the content and response directives contained in the Plan. Back up facility if Medina is not ready. Is one planned? Hennepin County continues to explore other alternatives for storage /disposal capacity, should the Medina facility not be available by December. The County does not plan at this time to develop a new facility for this purpose, but rather to utilize (an) existing facility(ies) capable of providing the necessary services. To this end, the County is pursuing and maintaining relations with several other facilities in order to cause a back up facility to be available should additional capacity be required. The County does not intend to utilize the Hopkins site for temporary storage of this material unless they have reasonable expectations that required approvals and permits will be granted to cause the availability of another facility by December 1989. 6. Frozen ash - how will it be managed? Will it effect loadout schedule? The potential for frozen ash having an effect on the loadout schedule is anticipated to be extremely remote, as operational impacts due to freezing of the material is expected to be minimal, -4- Using average climatological data, it is estimated that by January 1 the exposed surfaces of the material may be permeated by frost to a depth of approximately twelve to fifteen inches. There are many variables which will have an effect on the freezing potential of the material, both from the characteristics of the material as well as the design of the storage facility. The indoor storage will protect the material from wind and the elements, eliminate the introduction of precipitation or surface moisture to the material, provide passive convective heating from the exposure of sunlight on the expansive black roof surface, and minimize the effects of phototranspiration from direct exposure to sunlight. The combination of low surface moisture exposure with moderate temperature buffering will serve to minimize the degree of freezing. The moisture content of the material, higher than that of natural soils, will also serve to lower the frost penetration potential. Additionally, the material possesses intrinsically high salt concentrations, which inherently lowers the freezing point below that of natural soils. In the unlikely event of a freezing problem it is anticipated that the frozen layer of the material could be easily broken up into manageable sizes by the use of loadout equipment such as a backhoe. We thank you for your expeditious review and cooperation in this extremely important element of the County's solid waste management system, and look forward to meeting with you on August 8, 1989. Luther D. Nelson Division Engineer cc: Pat Murphy Tony Jeffries [jeffries]sys$disk:lichter.wps 110 7120 ^ /84 Craig Rapp, City Manager City of Hopkins Hopkins, Mn. 55343 • -- 11 JUL 31 1989 Dear Craig, 1 will not be in Hopkins for the August 7, 1489 storage of ash hearing but do want to convey to you my feelings about this matter. 1 was appalled to read in the Star Tribune that the county is proposing to temporarily store ash in an open shed on the county grounds adjacent to our Park valley neighborhood. According to the paper the "ash contains toxic substances trapped by the pollution controls and the MPCA requires it to be disposed of in specially designed landfilis." If it is so dangerous so that it is to be disposed of in special designed landfills, why is the county even considering storing it in are open shed, directly adjacent to a residential neighborhood? The prevailing winds most of the year are from the north /northwest, which would blow it directly into our neighborhood. Where does the water drain when the material is being wetted down - I would assume into Nine Mile Creek. The whole proposal is sirnply bizarre if the MPCA requirements for disposal of ash are of any significance. 1 also am stunned by Councilrrierr,ber Shirley's remark "I am nervous about always rurirrirrg counter to the county. We need to understand that at times we need to play a role to do what needs to be done." May i remind him he represents and is responsible to a constituency in Hopkins who depend on him for protection of health, and property - I don't recall that he was elected by the county to represent the county. Thank you Craig for your concern and efforts. I would appreciate it if you would include this letter in your packet to the Hopkins City Council and the Hennepin County Commissioners. Sincerely, Virginia' . Moll 604 5th Ave. S. Hnnkins Mn c7A7 SITE PLAN OF DEPARTMENT OF PUBLIC WORKS MAIN EQUIPMENT AND STORAGE YARD, HOPKINS v e n u e S 0 5th 3rd Street Existing Stockpile and Loading Area SALT STORAGE BLDG. tso f SITE BOUNDARY Street South Existing Site Access EXISTING :BUILDINGS 2 n d A v e n u e S 0 u h South Existing Site Access 200 Feet • • A AUG 03 '89 10 :4? B.A.LIESCH ASSOC. To: City of Hopkins BRUCE A. LIESCH ASSOCIATES, INC HYDROGEOLOGISTS • ENGINEERS . ENVIRONMENTAL SCIENTISTS 3020 Harbor Lane • Minneapolis. MN 55447.612- 5594423 • FAX No 559 -2202 MEMORANDUM From: John C. Lichter, P.E. Bruce A. Liesch Associates, Inc. Date: August 3, 1989 P.2/4 Subject: Environmental Review of Proposed Hennepin County Ash Storage Facility - 320 Washington Avenue South, Hopkins, MN 55343 Liesch Associates has been retained to conduct an environmental review on this proposed project in conjunction with the zoning application made by Hennepin County to the City of Hopkins dated July 21, 1989. Documents reviewed by Liesch include: the zoning application, a permit application for construction and operation of a temporary storage facility made to the Minnesota Pollution Control Agency - along with attachments A - 1 to the application. A visit to the facility was made on July 18, 1989 to assess existing conditions on site and proposed improvements noted in the application provided by Hennepin County. The facility proposed is located in the central portion of Hennepin. County Bureau of Public Service storage facility located at 320 Washington Avenue South in Hopkins, HtnnPsxnt,a. The site is fenced by UV /VP foot high chain link fence with controlled access at the scale house located at the northeast corner of the site The ash storage facility itself is an existing salt storage facility building enclosed on the east, north and west sides and covered with a roof and is approximately 160' X 140' in size. The capacity of the facility is estimated to be approximately 20,500 tons. This site is to serve as a temporary storage facility while the ash landfill site which will serve the facility is completed. Construction is anticipated to occur by December, 1989. The interior of the facility is bituminous surfaced (4 inch minimum) and is bermed on three sides with the open end on the south end which is approximately level. The flatter portion of the asphalt surface is sloped towards the southwest corner where a leachate collection system is proposed to be constructed by the County. At AUG 83 '89 10:48 B.A.LIESCH ASSOC. • • 1. Page Two P.3 /4 this time, the south end of the building is proposed to remain open and leachate collection system construction details have not been provided as part of this application to date. The only type of waste to be received at this facility is ash residue from the HERC facility. There are no floor drains in the proposed storage site. Runoff from the vicinity of the facility is diverted to a sump drain approximately 150 feet from the southwest corner of the salt storage building in a retention pond on the southwest portion of the site. Topographic maps provided by the County indicate that run on into the storage site is not likely and further, the County is proposing to construct an asphalt berm on the south end of the facility to prevent any possibility of run on into the storage facility or runoff of leachate from the southwest corner of the facility out into the environment_ However, specific details of this berm construction are not included in the current application. The anticipated operational period of this facility is to start on approximately August 15, 1989 and close by December 15, 1989. Analysis o f Egistina Tnforsation The information submitted to date by Hennepin County includes the following items: the zoning application, the Minnesota Pollution Control Agency permit application, the facility start --up waste acceptance schedule, the HPCA temporary ash management program, the County's contingency action plan, the County's accident prevention program, the emergency response plan for preparedness and Prevention, the MPCA emergency planning fact sheet, the HERC facility description, plat maps and topographic maps in the general facility of the site, and constuction drawings of the facility itself. The review conducted by Liesch Associates assessed land, air, water, noise and public health and welfare issues. Based on the review conducted to date, the following issues appear to require addition information, consideration or resolution prior to the issuance of a conditional use permit by the City of Hopkins: Site Operating Schedule - xf the Medina facility comes on line prior to December, it is possible that the facility can be operated and closed within the proposed schedule of August 15th through December 15th, 1989. However, if waste material continues to be hauled into the site during the month of December at the rate of 15 to 20 truckloads per day, or even less, it will take the County a significant amount of time to load out ash from the site. It then appears that the closure date of December 15th is not realistic and requires AUG 03 '89 10 :49 B.A.LIESC:H ASSOC. P.4/4 • • Page Three modification. Further, the City may wish to place hours of operation restrictions or other restrictions limiting the amount of traffic during the loadout period. This may have the effect of extending the time needed for closure. 2. Since the southern end of this existing salt storage building is not enclosed, it is possible that as the site filled, during high periods of wind, fugitive dust could be omitted from the facility. It seems prudent to suggest that the County provide mitigative measures through temporary or permanent means during weather conditions when this situation may exist. 3. Leachate Collection - A description of the leachate collection berm construction and leachate retention system is not provided. Construction details and liner efficiency calculations and /or evaluations should be provided and assessed prior to issuing the conditional use permit. Should the proposed system not meet MPCA efficiency standards, groundwater monitoring should be considered. 4. Contingency Planning Although several contingency planning documents were attached to the application, a specific emergency coordinator and two designated alternates should be provided in Attachment C within the application provided by Hennepin County to HPCA. A specific point of contact for the City of Hopkins or other regulatory bodies would then be available. 5. If by some circumstance, the Medina facility is not ready by December, 1989, what backup plan or contingency plan will be County implement to close the facility during the scheduled time? Although not described specifically in the application itself is understood from personal conversations with representatives of Hennepin County that a sprinkling system will be used to wet the ash periodically to prevent dusting within the facility itself. In view of this fact and also that ash material brought out to the site will be saturated do to the nature of collection at the HERC facility, it is possible that if the ash remained on site during the winter months, it will be frozen. The question then comes to hind that how does the County anticipate handling ash in this state and will freezing of the ash prevent or effect the loadout schedule of ash from the facility. All of these items of concern have been forwarded to Hennepin County so that they may address them at. the Planning and Zoning Commission meeting on August 8, 1989. HD1:HOPKIN3 08/03/1989 14:28 DOHERTY RUMBLE & BUTLER 612 291 9313 P.09 ' I MEMORANDUM TO: City of Hopkins Planning Commission and City Council Members FROI; Dick Nowlin, Doherty Rumble & Butler, P.A. DATE: July 26, 1989 RE: Review of Hennepin County Proposal to Temporarily Store: Incinerator Ash at the Hennepin County Public Works Facility in Hopkins Hennepin County has proposed to store up to 20,000 tons of ash produced at the Minneapolis Incinerator (the incinerator) in storage building currently used for storing salt on its Public Works Facility Site in Hopkins (the Proposal). The Proposal is now being reviewed by the Minnesota Pollution Control 4 10 Aen` g py (MPCA) and the Metropolitan Council for purposes of issuing a temporary ash storage permit to Hennepin County. i Question has arisen as to the City of Hopkins' review responsibility and authority with respect to the Proposal. This memolis written to provide background and comments regarding the legaf. framework applicable to the City's review. It has been written with assistance from City staff. I. GENERAL BACKGROUND Hennepin County indicated at that the Metropolitan Counpil's Environmental Committee Hearing on July 19th that it begap developing the Proposal in early July because of delays experienced in securing authorization to dispose of the S inciherator's ash at the Woodlake Landfill in Medina. BFI is requOsti.ng the issuance of Type I and Type II Ash Storage Permits for the incinerator's ash at the Woodlake Landfill. These 08/03/1989 14:29 DOHERTY RUMBLE a BUTLER 612 291 9313 P.10 • appliications have been in process since February, 1989 and have thus far only received Planning Commission review. County staff indicated that the earliest a Type I Permit could be issued would be November. The Countyy indicated that they were also discussing the possibility of disposing the ash outside the Metropolitan Area with Olmsted County which has an Ash Disposal Facility in Dodge County. Dodge County has now vetoed this alternative. It is extremely difficult to predict the date by which the Woodlake Ash Storage Permit will be issued due to the numerous opportunities for delay built into the State and local permitting process. Both the environmental review process and the MPCA permitting process together with litigation could delay ash disposal at Woodlake by more than a year beyond the November 1989 target date. A Contested Case Hearing Request on the permit has !already been received by the MPCA for the Woodlake proposal. If the MPCA Board were to order a contested case hearing, a one year delay could be experienced in securing either the Type I or Type II Storage Facility Permits. The MPCA's regulatory program vis -a -vis incinerator ash disppsal is currently being developed. A law was passed in 1988, Minn;. Stat. S115A.97, which classed incinerator ash as a "special waste" and required the preparation of regulations for ash disposal management by June 30, 1990. A temporary regulatory program governing ash storage was approved by the MPCA in • Septmber, 1988. This program authorizes the issuance of Type i and (Type II 'yp Storage Permits. A Type I Permit is a temporary storage authorization which requires the removal of ash from the • • • 08/03/1989 14:29 DOHERTY RUMBLE & BUTLER 612 291 9313 P.11 perMitted location within a specific time frame. A Type II Permit requires storage at a facility constructed with a liner and leachate collection system. These facilities could become permanent disposal locations. The proposed storage in the Public Works Building in Hopkins will involve the issuance of a Type I Storage Permit. II. GENERAL MUNICIPAL AUTHORITY Though solid and hazardous waste treatment, storage and disposal facilities are subject to extensive State and, in some instances Federal regulation, whether temporary or permanent in nature, these facilities also can be subject to local (municipal and county) land use and environmental regulatory controls. Minnesota law does not pre-empt local regulation of these facilities, and as a result, such facilities are subject to the nornal land use regulatory powers authorized by the Municipal Planning Act including zoning ordinances. As with other facilities -which are regulated by both State agencies and local authorities, the regulatory interaction is governed by certain common law principals. Local permit provisions governing state regulated facilities cannot conflict with the state regulatory and permit provisions. An Attorney, General's opinion discussing the Conflict principal in relation to a landfill is attached as Appedix I. Local authority, vis -a -vis the regulation of waste facilities was recently reaffirmed by the Minnesota Court of Appeals in the case of Peter Sherner, et al, v. Ambrose Culliton, et a11., 382 N.W. 2d, 562 (Minn.app. 1986) which sustained the poweg of a township to preclude the disposal of sewage sludge 08/03/1989 14:30 DOHERTY RUMBLE a BUTLER 612 291 9313 P.12 with in its jurisdiction. This opinion is also attached. Because of ehis legal context, the City of Hopkins has the authority and responsibility to review Hennepin County's proposal in relation to the provisions of its zoning ordinance and other official controls . III. CHARACTERIZATION OF THE PROPOSAL To determine the type of local review which must be performed in relation to the Proposal, it must be characterized or defined. Characterization clearly depends on the facts and impacts associated with the proposal, some of which are at this point unknown. As a result the following discussion is somewhat tentative and is based on current information. ti a. Special Waste Both Federal and State legislators and regulatory authorities have been for some time in a quandary as to how to classify incinerator ash in relation to solid and hazardous waste treatment, storage, and disposal rules. Some incinerator ash from certain facilities has been tested to be a hazardous waste under leachate toxicity tests. Generally, this ash has contained relatively large concentrations of heavy metals (lead and cadmium) as well as other contaminents. It is also generally established that fly ash exhibits more toxicity characteristics than does bottom ash. Incinerator proponents and others, however, have questioned the legitimacy of the a. 08/03 /1989 14 :31 DOHERTY RUMBLE a BUTLER 612 291 9313 P.13 various testing measures used for incinerator ash. Thus far, ash has not been officially characterized as a hazardous waste. As mentioned, Minnesota, by law, treats incinerator ash as a special waste which is neither a hazardous nor solid waste for the purpose of applying treatment, storage, and disposal regulatory requirements. b. "Waste Facility "? There is a legitimate question as to whether the temporary storage of incinerator ash within a building is a "waste facility ". The City's zoning ordinance provides no definition of "waste facility." "Waste facility" in common terminology would imply some sort of permanent facility designed exclusively for the storage or disposal of ash. The primary state definition of "waste facility" is contained in Minn. Stat. §115A.03, subd. 35 and reads as follows "Waste facility means all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste, except property for the collection of the waste and property used 08/03/1989 14 :31 DOHERTY RUMBLE & BUTLER 612 291 9313 P.14 primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer stations, processing facilities, and disposal sites and facilities." Since this definition references treatment and disposal (not storage) facilities, and includes facilities of a permanent nature, it could be concluded that the temporary ash storage site is not a "waste facility" for purposes of the City's zoning ordinance. c. Temporary Storage Site Regardless of how long Hennepin County has to store the ash at this location, it must under MPCA's existing procedures and new regulations, eventually be removed and placed elsewhere. The ash disposal procedures currently in existence and those being developed require a lined facility, and a leachate collection system to capture any liquids emanating from the waste deposit. The Hennepin County Garage is lined only by an asphalt pad and will have no leachate collection system. As a result it can never be a permanent storage site. IV. ENVIRONMENTAL REVIEW REQUIREMENTS Whether an. EIS or an EAW needs to be prepared for the 6. • • 08/03/1989 14:32 DOHERTY RUMBLE & BUTLER 612 291 9313 P.15 Proposal depends on its characterization and the application of Minn. Rules Pts. 4410.0200 to 4410.5600. A review of Minn. Rules Pt. 4410.4300 dealing with mandatory EAWs, including the provisions relating to storage facilities, hazardous waste and solid waste, indicates that a temporary storage facility for incinerator ash does not fall within any of the categories for which a mandatory EAW is required. An EAW is mandatory for a "mixed municipal solid waste energy recovery facility ash landfill" (See subp. 17G), but the Hennepin County Garage is not a landfill. A review of Minn. Rules Pt. 4410.4400 (mandatory EIS), including provisions relating to solid and hazardous waste, 11/0 indicates that a temporary storage facility for incinerator ash doe4 not fall within any of the categories for which a mandatory EIS its required. The proposal, however, does not fall within any of the exerdptions to EIS /EAW preparation requirements contained in Minn. Rules Pt. 4410.4600 except if it could be said to be a "minor temporary . use of land having negligible or no permanent effect on the;environment ". (See subp. 22.C.) As a result, the City has the authority to determine whether a discretionary EAW should be prepared for the proposal since Minn. Rules Pt. 4410.4500 provides that "A governmental unit with jurisdiction may order the preparation of an EAW for any project that does not exceed the mandatory thresholds designated in Pt. 4410.4300 or 4410.4400. If a governmental unit determines that because 08/03/1989 14:32 DOHERTY RUMBLE & BUTLER 612 291 9313 P.16 • • of the nature or location of the proposed project the project may have the potential for significant environmental effects, and the project is not exempted pursuant to Pt. 4410.4600." V. ZONING BACKGROUND Zoning treatment of the Proposal depends on its location and characteristics, applicable zoning provisions and determinations vis-a-vis discretionary interpretations by the City Council, Zoning Administrator and City Attorney. The Hennepin County proposal is located in an 1 -2 District. Section 540.01 of the Zoning Ordinance does not list temporary ash or waste storage as a permitted use. It does authorize chemical and allied products, petroleum storage, and building materials yards as permitted uses. Likewise, a temporary ash storage facility is not listed as a conditional use in the i Districts under Section 540.03 though "public utility structures" and "junk yards" are listed as potential conditional uses. it also does not appear that a temporary ash storage facility is a permitted accessory use under Section 540.05. Item (d) of that section defines accessory uses to include "incidental use customary in the operation of permitted or conditional use" Since ash storage is incidental to an incinerator and since incinerators are not permitted within the District, it wou4d not appear that this temporary storage proposal would fall within that language. 08/03/1989 14:33 DOHERTY RUMBLE & BUTLER 612 291 9313 P.1? In summary, it would appear that the Proposal could be dealt with under Section 525.13, Subd. 1 which authorizes the classification of an unlisted but similar use as a conditional use :in a specific district. Waste disposal facilities in other jurisdictions are typically authorized by the issuance of a conditional or special use permit. Conditional and special use perrtmits have been utilized elsewhere because of concern about the MPCAs lack of attention to local land use impacts from these facilities as well as the inability to secure prompt and efficient enforcement action from the MPCA. Conditional and special use permits provide the situs jurisdiction with more speeific protections vis -a -vis adverse land use impacts and provide local enforcement opportunities should anything go awry. Hennepin County's Proposal could be addressed by some mechanism other than a special or conditional use permit. On the other hand, given the temporary but relatively unknown duration of the storage operation as well as its potential effects, it would appear appropriate to develop a conditional use permit applicable for the Proposal. Another option for the City was created by the 1989 Legislature. Minn. Laws 1989, Chapter 200 now authorizes the establishment of "interim uses" under the Municipal Planning Act4 An "interim use" is defined as a "temporary use of property until a particular date, until the occurrence of a particular evert, or until zoning regulations no longer permit it. Minn. Staff. $462.3597. This alternative is a variation on a conditional use permit and was enacted specifically to address 08/03/1989 14:34 DOHERTY RUMBLE & BUTLER 612 291 9313 P.18 • • the isituation where a city wants to limit the duration of a particular temporary use. Hennepin County committment and the City's concern about the length of storage authorization, it would be appropriate for the City to classify the temporary ash storage facility as an interim use in the I -2 District. A copy of Ohapter 200 is attached. Enc1losures FDNneru10 0 F .D.N. 10.