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18.) On-Site Inspection. The City may inspect the Landfill Site for the <br />purposes of examining and copying nonconfidential records; conducting <br />inspections, surveys, investigations, monitoring, or sampling; and otherwise <br />obtaining necessary information pertaining to the construction, operation, and <br />environmental effect of the disposal facility, control equipment, and control <br />materials. Inspections shall be conducted during normal business hours except <br />in the event of an emergency. City personnel or agents performing the <br />inspection will notify personnel at the landfill office at the time of inspection. <br />Permittee shall promptly notify the City of the name of an authorized person to <br />be notified and provide access to the Landfill in case of emergency. The City <br />shall be notified by the Permittee immediately upon the occurrence of any <br />explosion, fire, or other emergency at the Landfill; upon the discovery, release or <br />spill of the hazardous or dangerous materials, as defined in the City of Elk River <br />Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of <br />this Permit. The specific requirements for how, when and who to notify at the <br />City shall be set forth in a separate letter from City staff to Permittee. This letter <br />may be revised or supplemented by City staff from time to time as necessary to <br />address the City's needs for notification. <br /> <br /> 19.) IndemniW. The Permittee shall indemnify, defend, and hold the City <br />harmless from all claims, demands, and/or actions, legal and/or equitable <br />arising from the operations on the Landfill Site. <br /> <br /> 20.) Workers Compensation. The Permittee shall carry in a company <br />authorized to transact business in the State of Minnesota a policy of insurance <br />fulfilling all requirements of the Worker's Compensation Act, including all legal <br />requirements for occupational diseases, or self-insure for the above. <br /> <br /> 21.) Split Samples. The Permittee shall notify the City forty-eight (48) <br />hours before any sampling of groundwater or surface water and allow the city to <br />obtain split samples of such waters. <br /> <br /> 22.) Right to Require Performance. The failure of the City, at any time, to <br />require performance by the Permittee of any provisions hereof shall in no way <br />affect the right of the City thereafter to enforce the same. Nor shall waiver by the <br />City of any breach of any of the provisions hereof be taken or held to be a waiver <br />of any succeeding breach of such provision or as a waiver of any provision itself. <br /> <br /> 23.) Severabilitv. If any provision of this Conditional Use Permit shall be <br />declared void or unenforceable, the other provisions shall not be affected, but <br />shall remain in full force and effect. <br /> <br /> 24.) Amendment. This Permit shall not be considered modified, altered, <br />changed, or amended in any respect unless approved by the City Council as <br />required by City Ordinance. <br /> <br /> <br />