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the property, Atlas' reliance on EPA RCRA classifications of hazardous <br />wastes and EPA emission standards rather than MPCA, compliance with <br />criteria for evaluating conditional use permit application. <br /> <br />Mr. Otto stated that Council's decision tonight could be delegated into 4 <br />different types: 1) Determine whether or not additional information will <br />be required of the applicant and if so, the application and MPCA may be <br />able to supply that information this evening; 2) Applicant requesting that <br />the City take action on the conditional use permit itself and allow MPCA to <br />make the decisions on environmental suitability and environmental risk of <br />the incinerator; 3) Issue a contingent conditional use permit and <br />reserving the right to attach additional conditions based on the findings <br />of the environmental assessment when it is completed; 4) Indicate that the <br />applicant has not satisfied enough of the criteria and Council is not <br />willing to entertain any of the above options and deny the request for a <br />conditional use permit. <br /> <br />Mr. Otto noted that Wenck Associates has submitted an outline of a <br />monitoring program and it's associated costs; they also supplied responses <br />as far as additional conditions that could be attached to the permit. <br /> <br />Mr~ Hartley stated that responses from MPCA indicate that they would accept <br />application for an incinerator and would require an environmental health <br />assessment. MPCA also indicates that there would have to be testing or <br />sampling of a mock incinerator in order to determine some of the health <br />risk factors. MPCA indicates that they will not provide on-site, continual <br />monitoring of the facility due to the lack of resources; monitoring would <br />consist of receiving reports from Atlas and evaluating them along with <br />periodic on-site inspections. <br /> <br />Lou Chamberlain of MPCA stated that there needs to be some clarification <br />regarding performance testing and ongoing or continuous monitoring. It <br />takes one day to set up the experiment for a performance test and a day to <br />run it if you are testing for particulate matter. At the same time the <br />performance tests are made, there are continuous emission levels monitored <br />so it can be determined on a daily basis if Atlas is operating the same way <br />they did when the performance test was run. It takes one month to get the <br />results back from a performance test. The continuous emission monitoring <br />equipment is used to determine if the facility is operating the same way <br />they did during a successful performance test. <br /> <br />D. Review proposed Findings of Fact - <br /> <br />Mr. Hartley stated that the process requires City Council to establish <br />findings of fact on which they must base their decision. <br />Mr. Goodrich stated that the findings of fact serve as the basis for <br />whatever action City Council takes to grant or deny a request for a <br />conditional use permit. If the city's decision is challenged and the <br />courts find that the findings are adequate, the city's decision will be <br />upheld; if the courts find that the findings are not adequate, the city's <br />decision could be overturned. <br /> <br />Mro Goodrich proceeded to read each of the 62 proposed findings of fact. <br /> <br />City Council/July 27, 1988 <br /> <br />Page 6 of 9 <br /> <br /> <br />