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5.1 PCSR 1-10-2012
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5.1 PCSR 1-10-2012
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1/9/2012 12:13:19 PM
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City Government
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PCSR
date
1/10/2012
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7.) Conditions Agxeed To. This License is issued subject to the requirements and conditions <br />set forth below, which are imposed for the purposes of: <br />i. Satisfying the standards set forth in the Elk River City Code of Ordinances, including <br />Chapter 58, Article III and Chapter 30 thereof; <br />ii. Promoting compatibility with and minimizing any potential adverse effects upon <br />properties and neighborhoods adjacent to the F-a~il_it~Project facilities or within the <br />City; <br />iii. Protecting the public health, safety, and general welfare; <br />iv. Avoiding traffic congestion or hazard; and <br />v. Preventing land, water, or air pollution. <br />By accepting and executing this License, Licensee agrees that the conditions imposed herein are <br />necessary to fully mitigate the adverse impacts of the ~yProject, and agrees to comply with <br />each of the conditions set forth herein. <br />8.) Violation of Conditions. If Licensee or its successors or assigns violates any term or <br />condition imposed by this Permit, by the City License, by the MPCA Permit, or by any other <br />license or permit issued for operation of the EasilityProiect, this Permit may be revoked and/or <br />terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, <br />permit or license condition imposed by lawful governmental authority and governing operation of <br />the liaEilityProject is grounds for suspension, revocation or termination of this Permit. The <br />change, Licensee alteration, or amendment of any such statute, regulation, ordinance, permit or <br />license condition by any governmental authority other than the City shall not excuse the Licensee <br />from compliance with statutes, regulations, ordinances, permit or license conditions in effect on <br />the date of the original issuance of this License, unless compliance is waived or excused by the <br />City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing <br />permit or license conditions. <br />9.) Charges and Fees <br />(O1) Promnt Payment. Licensee shall promptly pay to City all Charges and Fees as provided by <br />the Permit for the Pae~lityProiect. Failure to make prompt payment of all Charges and Fees, <br />including the annual License Fee provided for below, shall be a violation of the terms and <br />conditions of this License and the Permit, and shall be cause for the City to commence suspension, <br />revocation or termination of this License. <br />(02) Annual License Fee. In addition to the Charges and Fees provided for in the Permit, <br />Licensee shall pay an annual License Fee, as required by Chapter 58, Article III of the City Code. <br />10.) Performance Testing. ERS Site: In addition to all testing and monitoring required by the <br />MPCA Permit, Licensee shall test the emission levels from the ~}~facili of Polychlorinated <br />Dibenzo-p-Dioxins (PCDD) and Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and <br />the following heavy metals every twelve (12) months: arsenic, beryllium, cadmium, chromium, <br />lead, mercury, nickel, and selenium. <br />Page 5 <br />
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