RES 11-58 - Laserfiche WebLink

Home Browse Search

by a trier of fact. Nothing in this provision shall constitute a waiver of defenses or immunities of Pemuttee or the City, or create any duty to any third party. . 23.) Right to Require Performance. The failure of the City, at any time, to require performance by Petmittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 24.) Severability. If any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 25.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 26.) Conflicts. In any cases in which Pemuttee believes there is an irreconcilable conflict between the requirements of this Permit and laws, rules, regulations, or order of any other governmental authority, Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Permit. Until such time as the City acts upon a request for an amendment to this Permit, which it may grant or deny in its sole discretion, the terms of this Pemut shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 27.) Modification Suspension, or Revocation of Permit. The violation of any of the terms of this Permit may result in suspension or revocation hereof. Furthermore, the City specifically reserves the right, and Permittee agrees, that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfaze, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopazdy. Such information includes, but is not limited to the following: (Ol) A determination that the leachate generated at the Landfill is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare (other than as indicated in the permit application). (02) A determination that recommended health advisory levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) aze being violated as a result of Landfill operations (other than as indicated in the permit application). CU 7]-1? lirr Page 9