1993-735
ORDINANCE NO. 93 - 735
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An Ordinance relating to Public Safety; amending Chapter IX of
the Hopkins City Code by adding Section 945 - Landfill Gas Control.
District.
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
Section 1. Declaration Of Public Policy And Purpose. The
Council of the City of Hopkins hereby declares as a matter of public
policy that compliance by the City of Hopkins with applicable orders,
directives or regulations of the ~nnesota Pollution Control Agency
regarding landfill gas emissions from the 7th street Landfill is in
the interest of the health, safety and welfare of the people of the
City of Hopkins in the regulation of activities thereon a
Accordingly, the purpose of this chapter is to impose certain
controls on certain property, for so long as required by the
~nnesota Pollution Control Agency pursuant to the Closure Order and
other applicable orders, directives and regulations respecting the
7th Street Landfill.
Section 2. Definitions.
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(1) Closure Order: The Closure Order by Consent dated June 13, 1988
between the ~nnesota Pollution Control Agency and the City with
respect to the Landfill, as from time to time amended, and all
directives, oral or written by the MPCA pursuant thereto.
(2) Landfill: The former 7th Street Landfill located in the South
1/2 of Section 25, Township 117, Range 22, Hennepin County,
~nnesota .
(3) Landfill Gas: Any gaseous or' volatile organic compound
generated or emitted on or adjacent to the Landfill,
including, without limitation, methane, by reason of
decomposition of landfill waste.
(4) MPCA: The ~nnesota Pollution Control Agency or any successor
agency performing the functions of the ~nnesota Pollution
Control Agency.
Section 3. Property Included In District. The following
described property is included within the designated Landfill Gas
Control District. The boundary of the district is as follows:
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That part of the Northwest Quarter of the Southwest Quarter of
Section 25, Township 117, Range 22, beginning at the northeast
corner of outlot B, Westbrooke Patio Homes; thence westerly
along the south line of Seventh Street South to its intersection
with the southeasterly right-of-way. line of the Soo Line
Railroad Company; thence southwesterly along the said
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southeasterly right-of-way line of said railway to its
intersection with the west line of Section 25, Township 117,
Range 22; thence southerly along said west line of said Section
25 to the southwest corner of the Northwest Quarter of the
Southwest Quarter thereof; thence easterly along the south line
of said Northwest Quarter of the Southwest Quarter of Section 25
to the southwest corner of outlot A, Westbrooke Patio Homes;
thence northerly along the west line of said plat of Westbrooke
Patio Homes to the southwest corner of said outlot B; thence
easterly along the south line of said outlot B to the southeast
corner thereof ; thence northerly along the east line of said
outlot B to the point of beginning.
Section 4. Entry By city. The city, and persons claiming under
or through the city, shall have a right of entry onto any parcel
contained within the Landfill Gas Control District, for the purpose
of conducting drilling, boring or otherwise sampling, testing the
soil or ground water of any such parcel, or testing, measuring or
monitoring Landfill Gas emissions thereon or for the installation or
maintenance of wells, monitoring or measuring devices, or the
carrying out of any remedial activity required by the MPCA. Any such
entry shall be made at reasonable times and upon reasonable advance
notice to any owner or person in possession.
Section 5. Activities Prohibited In Landfill Gas Control
District. No building or structure shall be erected, occupied or
maintained in or upon any property located wi thin the Landfill Gas
Control District; nor shall any trade or business be conducted
therein or thereon nor shall any personal property, fixtures or
equipment be placed, located or stored therein or thereon in
violation of such orders, directives, regulations and requirements
issued or promulgated from time to time by the MPCA and unless the
City of Hopkins shall have issued a license there .for duly applied
for to said City subject to such terms, conditions, restrictions and
for such duration as may be established by the MPCA and such
additional terms and conditions as may be imposed by the City.
Section 6. Removal Of Prohibited Property. Upon
determination by the city that a violation exists, the city shall
direct abatement of such violation by written order served personally
or by certified mail upon the owner or party in possession specifying
the violation, the action necessary to cure the violation, the time
frame in which the violation must be abated and notice that the city
will undertake such abatement required unless otherwise corrected
within the period indicated ,in the notice and charge all costs
incurred by the City against the real estate as a special assessment
or against the responsible party. Abatement may include without
limitation, removal of existing structures or other improvements or
removal of personal property, fixtures or equipment located thereon.
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Section 7.
following:
This Ordinance
is effective
to the
subject
First Reading
Second Reading
Date of Publication
Effective Date of Ordinance
Attest:
December 21, 1993
August 2, 1994
August 10, 1994
August 30, 1994
City Clerk