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<br />. <br /> <br />1. <br /> <br />Satisfying the standards set forth in the Elk River City Code of <br />Ordinances, including Section 604 and Article IX thereof; <br /> <br />2. Promoting compatibility with and minimizing any potential adverse <br />effects upon properties and neighborhoods adjacent to the Facility or <br />within the City; <br /> <br />3. Protecting the public health, safety, and general welfare; <br /> <br />4. Avoiding traffic congestion or hazard; and <br /> <br />5. Preventing land, water, or air pollution. <br /> <br />III. Requirements and Conditions: <br /> <br />1. Incorporation of Plans and Application Materials. Construction and <br />operation of the Facility shall be in accordance with the plans and other <br />materials submitted by Licensee to the City and the MPCA, including <br />those identified above in Section I of this License, all of which are hereby <br />made a part of this License. Construction or operation in violation of any <br />of the material statements of fact, factual information, or representations <br />made by the License to the City or MPCA shall be deemed to be a <br />violation of this Permit. <br /> <br />. <br /> <br />2. <br /> <br />Submission of Final Plans. Final plans and specifications for the Facility <br />must be reviewed and approved by City staff and/or consultants prior to <br />the issuance of a building permit for the Facility. <br /> <br />3. Incorporation of MPCA Permit and Regulations. The terms and <br />conditions of the MPCA Permit and all MPCA Regulations applicable to <br />the Facility are specifically incorporated into the License and the Licensee <br />shall comply with all such terms and conditions including, without <br />limitation, the "Special Conditions;" "Special Conditions Relating to DJ <br />and Solid Waste;" and "General Conditions" of the MPCA Permit. Any <br />violation of the MPCA Permit or any MPCA Regulation will constitute a <br />violation of the terms of this License. Licensee shall notify the City <br />immediately of any violation of the terms, conditions, or requirements of <br />the MPCA Permit or MPCA Regulations, and shall advise the City as to <br />what steps will be taken to correct said violations. <br /> <br />4. <br /> <br />Incorporation of Amendments to MPCA Permit or Regulations. No <br />amendment or change to any term, condition, or requirement of the MPCA <br />Permit or Regulations shall be incorporated into this License or become <br />effective with respect to this License until the City has received notice of <br />the proposed amendment an has specifically consented thereto by <br />amending this License to incorporate the MPCA Permit Amendment, <br /> <br />. <br /> <br />s:\b&z\stever\upaexhb.doc <br /> <br />2 <br />