4.5.
Economic Development Authority (EDA)
- Meeting Date:
- 01/08/2015
- By:
- Tim Gladhill, Community Development
Title:
Review Draft Closed Landfill Land Use Plan; Case of Minnesota Pollution Control Agency (MPCA)
Purpose/Background:
The purpose of this case is to review a draft of the Closed Landfill Land Use Plan prepared by the Minnesota Pollution Control Agency and to provide comment and timelines for implementation. The City is not approving this Plan at this point, but providing comment on the draft to be incorporated in the next Comprehensive Plan Update. Staff is seeking policy direction on two (2) smaller areas of the site that are currently guided for future development in the Comprehensive Plan. A representative from the MPCA is planning on attending to review the Plan.
The Closed Landfill Program is established within Minnesota Statute 115B. This Statute requires that the MPCA develop a land use plan for the closed landfill and for the City to make their land use plans consistent with the Closed Landfill Land Use Plan. The Statute gives the MPCA broad land use authority over this area.
The purpose of the Land Use Plan is to:
The Closed Landfill Program is established within Minnesota Statute 115B. This Statute requires that the MPCA develop a land use plan for the closed landfill and for the City to make their land use plans consistent with the Closed Landfill Land Use Plan. The Statute gives the MPCA broad land use authority over this area.
The purpose of the Land Use Plan is to:
- Protect the integrity of the landfill's remediation and monitoring systems
- Protect human health and public safety at each landfill
- Accommodate local government needs and desires for land use at the qualified facility with consideration for health and safety requirements
Notification:
Notification is not required at this stage.
Observations/Alternatives:
From the Introduction Section of the Closed Landfill Land Use Plan:
Generally speaking, the land use plan is appropriate for a majority of the area currently owned by the MPCA. There are, however, areas that are inconsistent with the City's current land use plan. In order for the two plans to be consistent, the City must either amend its Comprehensive Plan and/or Zoning Code/Map or request/comment that the MPCA amend the draft Closed Landfill Land Use Plan.
Business Park - Sunwood Drive
The City has been exploring the potential for a portion of this area to develop as a business park. The area is well served by existing infrastructure. This area is otherwise developable area, with the exception of restrictions as outlined below.
Medium Density Residential - Sunfish Lake Boulevard
As part of the 2020 Comprehensive Plan, the City guided this area for future Medium Density Residential development. This area is not served by municipal water and sewer, but said utilities are in the vicinity. Additional public infrastructure would be needed to serve the site. This area has some significant grade changes with wetlands present. This area is otherwise developable, with the exceptions as noted below.
Rural Developing - Garnet Street
The MPCA has previously purchased several single family homes along the western border of the waste footprint. As this area is located within the Methane Gas Area of Concern and the previous homes have now been removed, Staff recommends that this area be guided 'Closed Landfill'.
Future Land Use Considerations
Use of State Issued Bonds for Financing. The site was purchased using State bonds. The existing bonds restrict the use of the site for 'public' use, further defined within the bond issuance documents.
Retention of Soil Rights. The MPCA desires to retain this portion of the site for remediation purposes, most notable the retention of soil rights if needed to protect the waste footprint.
Groundwater Area of Concern. Much of the site is also located within an area defined by the MPCA as a Groundwater Area of Concern. While there are no immediate risks to public health, the existence of the closed landfill warrants continued groundwater monitoring. If any of the portions outside of the waste footprint were to be developed, it is anticipated that the site would be serviced by the municipal water supply rather than a private well. It is further noted that there are other areas in the vicinity that have developed while being located in the Ground Water Area of Concern.
Before adopting the proposed land use plan, Staff requests policy direction on the future use of the area south of the landfill footprint. As previously noted, the Statute gives the MPCA broad discretion in developing a land use plan for the site. If the City desires to modify the proposed land use plan, said modification would require approval of the MPCA or the City would need to seek special legislation.
In 1994, the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (Minn. Stat. 115B.39 - 115B.45) which created the Closed Landfill Program (CLP). Under the CLP, the Minnesota Pollution Control Agency (MPCA) is responsible for the cleanup and long term care of 112 closed, municipal, solid waste landfills throughout the State.
The mission of the CLP is to manage the risk to public health and the environment that is associated with these landfills. Landfill gas migration and groundwater contamination can be serious issues at some landfills. These problems can pose a threat to the health and safety of those living or occupying land nearby. In addition, chemicals leaching from landfills can degrade groundwater and surface water resources surrounding them. The MPCA addresses the risk to public health and the environment at the closed landfills by undertaking cleanup actions, operating and maintaining remediation systems (engineered covers, gas-collection and groundwater-treatment systems) and by monitoring groundwater, surface water, and landfill gas.
The risk to public health and safety is also mitigated by implementing land-use controls that minimize public exposure to landfill hazards and protect the state’s response action equipment. In other words, future use of land at and around closed landfills needs to be planned carefully and responsibly. Minnesota Statutes 115B.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each of these landfills and for local government units (LGUs) to make their local land use plans consistent with the MPCA’s plan for the site. Minnesota Statutes 115B.412, Subd. 4 requires the MPCA to provide LGUs certain information about the landfill and to incorporate this information in to their local land use planning.
To meet the requirements of subdivision 9 of the statute, LGUs that have land-use authority must make their land-use plans for the landfill consistent with the MPCA’s plan for future use of, and obligations for, the facility. One way to accomplish this is for LGUs to make certain that their land-use designations and/or zoning ordinances are compatible with the MPCA’s future responsibilities and uses for the Land Management Area. To meet the requirements of subdivision 4 of the statute, LGUs must consider the information about the landfill’s contamination and methane gas migration in its land-use planning and also make this information available to those that want to develop the affected property. Also, LGUs may wish to adopt certain land-use controls in order to better protect public health and safety.
The mission of the CLP is to manage the risk to public health and the environment that is associated with these landfills. Landfill gas migration and groundwater contamination can be serious issues at some landfills. These problems can pose a threat to the health and safety of those living or occupying land nearby. In addition, chemicals leaching from landfills can degrade groundwater and surface water resources surrounding them. The MPCA addresses the risk to public health and the environment at the closed landfills by undertaking cleanup actions, operating and maintaining remediation systems (engineered covers, gas-collection and groundwater-treatment systems) and by monitoring groundwater, surface water, and landfill gas.
The risk to public health and safety is also mitigated by implementing land-use controls that minimize public exposure to landfill hazards and protect the state’s response action equipment. In other words, future use of land at and around closed landfills needs to be planned carefully and responsibly. Minnesota Statutes 115B.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each of these landfills and for local government units (LGUs) to make their local land use plans consistent with the MPCA’s plan for the site. Minnesota Statutes 115B.412, Subd. 4 requires the MPCA to provide LGUs certain information about the landfill and to incorporate this information in to their local land use planning.
To meet the requirements of subdivision 9 of the statute, LGUs that have land-use authority must make their land-use plans for the landfill consistent with the MPCA’s plan for future use of, and obligations for, the facility. One way to accomplish this is for LGUs to make certain that their land-use designations and/or zoning ordinances are compatible with the MPCA’s future responsibilities and uses for the Land Management Area. To meet the requirements of subdivision 4 of the statute, LGUs must consider the information about the landfill’s contamination and methane gas migration in its land-use planning and also make this information available to those that want to develop the affected property. Also, LGUs may wish to adopt certain land-use controls in order to better protect public health and safety.
Generally speaking, the land use plan is appropriate for a majority of the area currently owned by the MPCA. There are, however, areas that are inconsistent with the City's current land use plan. In order for the two plans to be consistent, the City must either amend its Comprehensive Plan and/or Zoning Code/Map or request/comment that the MPCA amend the draft Closed Landfill Land Use Plan.
- Business Park - Sunwood Drive (undeveloped; south of waste footprint, north of Sunwood Drive)
- Medium Density Residential - Sunfish Lake Boulevard (undeveloped; east of waste footprint, west of Sunfish Lake Boulevard)
- Rural Developing (Residential) - Garnet Street (previously removed; west of waste footprint, east of Garnet Street)
Business Park - Sunwood Drive
The City has been exploring the potential for a portion of this area to develop as a business park. The area is well served by existing infrastructure. This area is otherwise developable area, with the exception of restrictions as outlined below.
- This area is located within the Groundwater Area of Concern
- This area is not located within the Methane Gas Area of Concern
- Portions of this area were purchased through the sale of State issued bonds
- The MPCA desires to retain soil rights for this area for potential remediation needs for this and other closed landfills
- The MPCA desires to provide perpetual protection over a significant stand of native Oak Savanna tree canopy coverage.
Medium Density Residential - Sunfish Lake Boulevard
As part of the 2020 Comprehensive Plan, the City guided this area for future Medium Density Residential development. This area is not served by municipal water and sewer, but said utilities are in the vicinity. Additional public infrastructure would be needed to serve the site. This area has some significant grade changes with wetlands present. This area is otherwise developable, with the exceptions as noted below.
- A majority, but not all of this area, is located within the Groundwater Area of Concern
- This area is not located within the Methane Gas Area of Concern
- Portions of this area were purchased through the sale of State issued bonds
- The MPCA desires to retain soil rights to this area for potential future remediation needs for this and other closed landfill sites
Rural Developing - Garnet Street
The MPCA has previously purchased several single family homes along the western border of the waste footprint. As this area is located within the Methane Gas Area of Concern and the previous homes have now been removed, Staff recommends that this area be guided 'Closed Landfill'.
Future Land Use Considerations
Use of State Issued Bonds for Financing. The site was purchased using State bonds. The existing bonds restrict the use of the site for 'public' use, further defined within the bond issuance documents.
Retention of Soil Rights. The MPCA desires to retain this portion of the site for remediation purposes, most notable the retention of soil rights if needed to protect the waste footprint.
Groundwater Area of Concern. Much of the site is also located within an area defined by the MPCA as a Groundwater Area of Concern. While there are no immediate risks to public health, the existence of the closed landfill warrants continued groundwater monitoring. If any of the portions outside of the waste footprint were to be developed, it is anticipated that the site would be serviced by the municipal water supply rather than a private well. It is further noted that there are other areas in the vicinity that have developed while being located in the Ground Water Area of Concern.
Before adopting the proposed land use plan, Staff requests policy direction on the future use of the area south of the landfill footprint. As previously noted, the Statute gives the MPCA broad discretion in developing a land use plan for the site. If the City desires to modify the proposed land use plan, said modification would require approval of the MPCA or the City would need to seek special legislation.
Funding Source:
This case is being handled as part of normal Staff duties.
Recommendation:
This case is for presentation only. At this time, there is no official Staff recommendation. Staff would request that the Landfill Land Use Plan be allowed to be implemented as part of the 2040 Comprehensive Plan Update, rather than a separate Comprehensive Plan Amendment.
Action:
No official action is being requested at this time. Staff requests feedback on a work plan for implementation of the land use plan. In addition, Staff requests feedback on the policy question regarding land use on certain areas outside of the landfill footprint.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Chris Anderson | Chris Anderson | 01/02/2015 08:46 AM |
| Brian Hagen | Tim Gladhill | 01/02/2015 08:53 AM |
- Form Started By:
- Tim Gladhill
- Started On:
- 12/17/2014 01:42 PM
- Final Approval Date:
- 01/02/2015