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6. LANDFILL CONSTRUCTION AND OPERATION <br /> <br />a. Use Restriction. <br /> <br />The following regulations shall be observed by any person applying for a <br />conditional use permit or to whom a permit is issued by the City for the <br />construction and operation of a waste disposal facility. These regulations shall <br />govern the construction and operation of all waste disposal facilities and any failure <br />to observe these regulations shall be sufficient grounds for the denial or revocation <br />of the permit by the Council. <br /> <br />The rules established by the Minnesota Pollution Control Agency relating to <br />Solid Waste (SR 7035) must be strictly adhered. <br /> <br />ii. <br /> <br />No permit shall be issued by the City for the construction or operation of a <br />waste disposal facility unless the applicant designs the facility in a manner <br />which provides usable developable land or a public amenity of the fill area <br />within 10 years after closure. The Applicant shall submit an end <br />use/development plan with the permit application and shall provide adequate <br />financial assurance to the City that assures that the end use/development <br />plan can be implemented. <br /> <br />b. Variances. <br /> <br />Notwithstanding any variance or special consent which the Commissioner of <br />MPCA may permit, the provisions of SR 7035 must be strictly adhered to without <br />variance. A variance or special condition granted by the MPCA does not obligate or <br />bind the City in any manner. <br /> <br />Co <br /> <br />Prohibited Areas for Construction and Operation of Industrial Solid Waste Land <br />Disposal Facilities. <br /> <br />The fill, trench, and excavation areas of industrial solid waste land disposal <br />facilities are prohibited within the following areas, as existing at the time of <br />issuance of a conditional use permit: <br /> <br />i. 1,000 feet from the normal high water mark of a lake, pond or flowage. <br /> <br />ii. 300 feet from a stream. <br /> <br />iii. A regional flood plain. <br /> <br />iv. <br /> <br />Within 1,000 feet of the nearest edge of the right-of-way of any state, <br />federal or interstate highway or of the boundary of a public park or of an <br />occupied dwelling. <br /> <br />v. Locations considered hazardous because of the proximity of airports. <br /> <br />vi. <br /> <br />An area which is unsuitable because of reasons of topography, geology, <br />hydrology or soils. <br /> <br />vii. <br /> <br />Within 500 feet of any known source of groundwater contamination or any <br />other known source of pollution. <br /> <br /> <br />