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Home My WebLink About2008-11-13 MPCA LtrMinnesot ollution Control A 520 Lafa Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY I www.pca.state.mn.us Nq� November 13, 2008 The Honorable Kath Saltzman Minnesota State Senator 306 State Capitol 75 Martin Luther Kin Jr. Boulevard St. Paul MN, 55155 RE: Alan S. Kin Landfill Dear Senator Saltzman and Representative Bunn: Thank y ou for y our letter re citizen c"oncerns at the Allan LSJ. Kii-L 11.anilfill In 0-ak Pa-rkfT-- 1A.11ghto 6 , Minnesota (Landfill). The Minnesota Pollution Control A (MPCA is committed to i nvesti g atin g complaints and conductin inspections to ensure that re and permit conditions are bein properl followed, in order to protect Minnesota's natural resources. In re to the concern about blowin of dust, no specific standards for dust from landfills have been set. However, Minnesota Rule re that reasonable precautions be taken to prevent the release of particulates be the propert line. The trackin of landfill ash or other particulate matter into streets is a potential source of pollution to Minnesota's waters. A storm sewer inlet is considered a water of the state, since the dischar after that point is directl to ponds, streams, or rivers. Best mana practices related to trackin and soil debris mana must be followed. The Landfill's solid waste operatin permit (Permit} re that the issues y ou raised in y our letter be addressed and avoided. The MPCA is committed to ensurin that facilities in Minnesota take the precautions necessar to maintain compliance. The MPCA conducted an unannounced inspection in Jul of 2008, and found the Landfill to be in compliance. However, due the concerns raised, the MPCA will conduct another unannounced inspection within 30 da of this letter. If issues are noted that are not covered b the existin Permit, the MPCA will consider incorporatin those as re into the next solid waste operatin permit, which is currentl under review. Relative to the issue of health concerns in Oak Park Hei as a result of ash disposal and landfill operation, if the Excel landfill is properl operated there should not be an adverse impacts — includin an nuisance or health conditions in nei adjacent to the landfill. The purpose of identif and emplo "best mana practices" for transportation, unloadin stora and disposal of ash at the landfill is to avoid an problematic release of dust or particulates into the ambient environment. If, as a result of future site inspections the MPCA does identif fu dust emissions relative to the ash the MPCA or the Compan would need to g ather or g enerate further information ( landfill, characteristics of the ash, dispersion modelin and information about particle size) to allow the Minnesota Department of Health (MDH) to anal potential health risks to citizens in the area. If y ou or citizens in the area have further q uestions about health issues, y ou should contact Rita Messin MDH, at 651-201-5000. St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar f �k N� The Honorable Julie Bunn �(�` � Minnesota State Representative 521 State Office Buildin '�( � � St. Paul MN 55155 I -SO YEARS /-'STATEHOOD 1858-2008 In re to a potential expansion of the Landfill, we received an application for a ma Permit modification dated June 6, 2008. A cop of a revised Conditional Use Permit (CUP) application submitted to the cit of Oak Park Hei dated October 23, 2008, revises the earlier submittal. Xcel Ener has indicated that this revision will also be submitted to the MPCA in lieu of the previous submittal. The revised CUP application si downsizes the construction pro from the ori application b reducin the final g rades from approximatel 877 feet to 847 feet. The facilit is presentl at about 843 feet. These chan reduce the proposed additional capacit from approximatel 219,000 cubic y ards, to 62,638 cubic y ards. The revised application also proposes several new dust control measures as a result of a citizen meetin in the cit of Oak Park Hei The revised application meets the moratorium exception criteria contained in Minnesota Session Laws Chapter 363, Article 5 See. 24 subp 5 and therefore will be reviewed and evaluated in accordance with Minnesota Rules, specificall Minn. R. 7035 and 7001. We anticipate a complete technical review of the application b approximatel December 2008, dependin on the resolution of an outstanding issues. The compliance and permittin staffs will coordinate this effort so +0111-Lat the issues y ou have raised aL e full addressed. Xcel Ener has proposed a construction schedule for the summer of 2009. We will include y ou on the public notice mailin list for an proposed permit modification and will conduct a public meetin re the permit earl in the process. This would allow the MPCA to provide information to the public, as well as listen to their concerns. If y ou have an further q uestions or concerns about this Landfill's compliance status, or to report complaints, please feel free to contact Scott Parr at 651-296-7636, or scott.parr(ii,)pca.state.mn.us. Re permittin please contact Robert Criswell at 651-296-8707, or robert.criswe pca. state. mn. us. Thank y ou a for providin this information. Please contact me at 651-296-7301 with q uestions or comments. Sincerel Bmird Moor-,.-. Commissioner KK/BM:dac cc: Eric Johnson, Cit of Oak Park Hei Jud Hunter, Public Health and Environment, Washin Count Don Nelson, MPCA Scott Parr, MPCA Robert Criswell, MPCA Heidi Kroenin MPCA Ken Moon, MPCA Katie Koelfgen, MPCA Jim Chiles, MPCA John Elks, MPCA