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HOST COMMUNITY AGREEMENT <br />BETWEEN ELK RIVER LANDFILL, INC. AND <br />THE CITY OF ELK RIVER, MINNESOTA <br /> <br />SECTION 1. <br /> <br /> 1.01. <br /> <br />this <br /> <br /> RECITALS. <br /> <br /> Parties. This HOST COMMUNITY AGREEMENT (Agreement), dated as of <br /> <br />__ day of ., 2003, is entered into by and between the city of Elk River <br /> <br /> (City), a Minnesota municipal corporation, and Elk River Landfill, Inc. (ERL), a Minnesota <br /> corporation, which is a wholly-owned subsidiary of Waste Management, Inc., a <br /> corporation. <br /> <br /> 1.02. The Landfill. ERL owns and operates a sanitary landfill known as the Elk <br /> <br /> River Landfill (Landfill), located within the city of Elk River, Sherburne County, Minnesota. <br /> <br /> 1.03. Landfill Regulation. ERL operates the Landfill pursuant to a solid Waste <br /> <br />permit issued by the Minnesota Pollution Control Agency (MPCA), various licenses issued by <br />Sherburne County, a Conditional Use Permit and License issued by the City, and other <br />applicable laws and regulations. <br /> <br /> 1.04. City Authority. The City possesses certain regulatory authority over the <br /> <br />Landfill, including, but not limited to, zoning and licensing authority. <br /> <br /> 1.05. City Regulation of Solid Waste Facilities. In 1987, the City, in response to a <br /> <br />number of solid waste facilities proposed to be located within the City limits, modified its City <br />code to enable it to exercise greater control over solid waste facilities within the City. The code <br />amendments require conditional use permits and licenses for the establishment and operation of <br />certain solid waste facilities within the City. <br /> <br /> <br />