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Resolution <br />Board of <br />geamsery. Coun ly Commissioners <br />Presented By Commissioner McCarty <br />Attention: Budget & Accounting <br />Rob Fulton, Director, Public Health <br />Harry McPeak, Assistant County Attorney <br />Tom Foley, County Attorney <br />Date May 23, 1989 No. 89 -416 <br />Page 2 of 6 <br />Now, therefore, in addition to the Findings of Fact and <br />Conclusions of Law reported to this Board by the Honorable Phyllis <br />A. Reha, Administrative Law Judge, acting as a hearing officer <br />pursuant to the Ramsey County Administrative Ordinance, the Board <br />of Ramsey County Commissioners makes the following additional <br />Findings of Fact and Conclusions of Law and adopts the disposition <br />set forth herein: <br />FINDINGS OF FACT <br />1) The Licensee had adequate notice of: the effective date of the <br />implementation of Designation in Ramsey County; the definition <br />of Acceptable Waste, as that term is defined in the Ramsey <br />County Solid Waste Ordinance; and the requirement that all <br />Acceptable Waste generated within Ramsey County be delivered <br />to the Resource Recovery Facility at Newport, Minnesota. <br />2) The Licensee has asserted that its facility at 400 Whitall <br />Street in the City of St. Paul was, as of December 13, 1984, a <br />Resource Recovery Facility within the meaning of the Waste <br />Management Act of 1980 and the Ramsey County Solid Waste <br />Ordinance. <br />3) The Licensee has asserted that all Acceptable Waste generated <br />within Ramsey County and hauled by its vehicles was processed <br />at 400 Whitall Street as of December 13, 1984, the date of <br />approval by the Metropolitan Council of the Ramsey County <br />Designation Plan, and the date upon which a facility must have <br />been in operation in order to qualify for exemption, and at <br />all times subsequent thereto. <br />4) From the effective date of Designation, July 13, 1987, through <br />April 1989, the Licensee has caused virtually all Acceptable <br />Waste generated within Ramsey County and hauled by its <br />vehicles to be landfilled rather than delivered to the <br />Resource Recovery Facility at Newport. <br />. 5) The Licensee has realized enormous savings by delivering this <br />Acceptable Waste to landfill rather than to the Resource <br />Recovery Facility. <br />Hal Norgard, Chairman <br />By <br />Page 19 <br />(Continued) <br />Ckiei C. ak - County Boah.d <br />