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03-23-1992 Council Packet
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03-23-1992 Council Packet
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V 4-;- <br />,1..^ <br />. i'v <br />: i; <br />I <br />IS' H w <br />•r-M <br />■r <br />fS?-‘fi' <br />^L' ” *V *^ - <br />f. <br />t 9 <br />. - * <br />»:l-s <br />■O/;.' <br />t>:R <br />t-"J?**«^ . <br />fr,& <br />i ‘ <br />,V i; <br />h'-i'- <br />01/14/89 00:59 421 0121 FPOTPOhJICS I‘jC PAGE- 05 <br />determination of whether a hazard is created upon subsequent testing of the ash and <br />of the TAP shall be based upon the stricter of the public drinking water or private <br />drinking water standards, as to all heavy metals, including lead and cadmium. In <br />addition, a plan shall be developed by the Minnesota PCA, upon final acceptance of <br />the surface water standards currently under ts consideration, to test the wetland <br />areas and surface waters within one mile of th test site at least annually. <br />6. Highway Employees, Safety Measures. Before the transporting-^-anv bottom <br />ash or the laying of any TAP, all employees who will comeJo-eefrtaCf ’wrth^^ ash <br />or TAP shall be fully advised of any appropriate safety <br />measures to be taken, and those^sahi^ySTand^ds shall be strictly enforced. If tot^ <br />compo.sition testing onhe-aefroTTAP discloses toxicity, such notification shall occur <br />even If leachatM«s^s"3etermine that the ash or the TAP are classified as non- <br />ha2ard9usr"^^Vll residents, commercial owners and employees within two miles of <br />the'^esTsite shall be similarly advi sed Permanent notices shall be posted at the test <br />site visible in each direction advising of the presence of the project and where to <br />obtain further information. The form of such notices shall be submitted to the <br />MPCA and the Citizens Review Board and approved before installarion of any TAP. <br />7. Core Borings. A minimum of five core borings shall be made along each side <br />of the test site, and shall be deep enough to erisure that at least three feet of clay <br />underlie each site. If at any boring site the clay shall be thinner than three feet, the <br />test site shall be abandoned. <br />8. Bond, Damages. A bond shall be posted by USPCI in the amount of 120% of <br />the estimated cost of complete removal and safe disposition of the TAP if it were to <br />be proven hazardous. No part thereof shall be released to the company until (a) the <br />project has been terminate and shown not to have caused any uncompensated <br />damage to landowners, tenants, businesses, and residents, and (b) the TAP has been <br />completely removed and properly disposed of or safely recycled. Any land owner <br />required to hold money in escrow following a sale because of the existence of the <br />project shall be allowed to draw upon said bond for such purpose. A landowner, <br />tenant, resident, or business owning any crops, livestock, well, septic system, or <br />other assets damaged or diminished In value by said project shall be compensated <br />for the full value of replacement of said damaged items or reduction in value. <br />Standards shall be set for ill agricultural and dairy products grown or from animals <br />grazing within two miles of the test site, and tei-ts shall be run at the permittee's <br />expense to assure that no toxic materials have been incorporated into those products <br />from the TAP before any sale shall be allowed. Should any residential, commercial, <br />or agricultural land be rendered unusable or unsalable because of contamination <br />from the test demonstratic i project, the owners thereof shall be compensated <br />therefor at current market values. Well ‘resting and other reasonable tests shall be <br />performed, at the expense oI the permittee, for all persons residing or owning <br />businesses within one mile of the test site, if they are requested by such persons, and <br />no n.ore frequently tlian annually for any one person. Should any well test indicate <br />contamination of the water source of such person, exceeding Minnesota toxicity <br />t <br />%
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