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RES 11-58
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RES 11-58
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10/26/2011 10:34:49 AM
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9/22/2011 3:52:05 PM
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City Government
type
RES
date
9/19/2011
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19.) Documents Reports, and Mans. Electronic copies of all of Permittee's transmittals to the <br />MPCA or to the County regarding the Landfill shall also be supplied to the City at the same time. <br />20.) ChazQes and Fees. Permittee agrees to pay to the City the City's reasonable costs incurred <br />in the future for administering, enforcing, modifying and amending this Permit, as follows: <br />(O1) Permittee shall pay one hundred percent (100%) of the City's costs for processing renewals, <br />amendments or proposed amendments to this Permit; and <br />(02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and <br />enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the <br />terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms <br />and conditions of this Permit (including legal costs); and City costs incurred for review of <br />Pemuttee initiated requests such as "co-disposal" approvals, etc. <br />(03) Permittee and the City agree that, on an annual basis, they will work together to establish <br />an annual budget reflecting, for the upcoming year, both (A) anticipated renewals, amendments or <br />proposed amendments to this Permit or to the City License, and other anticipated occasions for the <br />administration or enforcement of the terms of the Permit or the City License, and (B) the <br />anticipated costs to the City that would arise from those activities. Pernuttee agrees to maintain an <br />escrow for the budgeted yeaz based upon that budget. Both the budgeted amount, and the size of <br />the escrow, aze subject to change based on circumstances that were not anticipated by the parties at <br />the time of budgeting, including but not limited to the costs of responding to incidents, or <br />otherwise by agreement of the parties. <br />21.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining <br />and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, <br />or sampling; and otherwise obtaining necessary information pertaining to the construction, <br />operation, and environmental effect of the disposal facility, control equipment, and control <br />materials. Inspections shall be conducted during normal business hours except in the event of an <br />emergency. City personnel or agents performing the inspection will notify personnel at the landfill <br />office at the time of inspection. Pennittee shall promptly notify the City of the name of an <br />authorized person to be notified and provide access to the Landfill in case of emergency. The City <br />shall be notified by Permittee immediately upon the occurrence of any explosion, fire, or other <br />emergency at the Landfill; upon the discovery, release or spill of the hazazdous or dangerous <br />materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any <br />violations of the conditions of this Permit. The specific requirements for how, when and who to <br />notify at the City shall be set forth in a separate letter from City staff to Pennittee. This letter may <br />be revised or supplemented by City staff from time to time as necessary to address the City's needs <br />for notification. <br />22.) Indemnity. Permittee shall indemnify, defend, and hold the City harmless from all claims, <br />demands, and/or actions, legal and/or equitable arising from the operation of the Landfill. In the <br />event that such claim, demand, or action arises from the negligence of the City, then Permittee's <br />indemnification obligation shall be reduced in proportion to the City's negligence as determined <br />CU 11-12 RH Page 8 <br />
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