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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elle River, <br /> that Licensee is hereby granted a Solid Waste Facilities License (the "License") for the Project, <br /> subject to the terms, conditions and qualifications hereinafter stated, to wit: <br /> AGREEMENT <br /> 1.) Incorporation by Reference. <br /> (01) Recitals. The above Recitals are incorporated by reference. <br /> (02) Application Materials. All documents, factual information and material statements of fact <br /> made by Licensee and/or prior operators of the Project in connection with the Application for this <br /> License, are incorporated by reference in this License, and operation of the Project in violation of <br /> such documents, information and/or statements shall be considered a violation of the terms and <br /> conditions of this License. <br /> (03) MPCA Permits. <br /> i. MPCA Permit and Regulations. The terms and conditions of Combined Air and Solid <br /> Waste Permit No. 14100003-005 for an Air Emission Facility, Air Pollution Control <br /> Equipment and Solid Waste Processing system, and Permit for the Construction and <br /> Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the <br /> "MPGA Permit"), and all MPCA Regulations applicable to the Project, are specifically <br /> incorporated into this License and Licensee shall comply with all such terms and <br /> conditions including, without limitation, the "Special Conditions," Special Conditions <br /> Relating to RDF and Solid Waste," and "General Conditions" of the MPCA Permit. Any <br /> violation of the MPCA Permit or any MPCA Regulation will constitute a violation of the <br /> terms and conditions of this License. Licensee shall notify the City immediately of any <br /> violation of the terms, conditions, or requirements of the MPCA Permit or MPCA <br /> Regulations, and shall advise the City as to what steps will be taken to correct said <br /> violations. <br /> ii. Amendments to MPCA Permits or Regulations. No amendment or change to any term, <br /> condition, or requirement of the MPCA Permits or Regulations shall be incorporated into <br /> this License or become effective with respect to this License until the City has received <br /> notice of the proposed amendment and has specifically consented thereto by amending this <br /> License to incorporate the MPCA Permit Amendment, except those amendments which <br /> impose stricter performance, performance standards, testing or reporting requirements on <br /> the Project. <br /> iii. Reporting Requirements. Copies of all plans, studies, reports, and other materials required <br /> to be submitted to the MPCA by Licensee shall be filed with the City, unless the City <br /> Environmental Administrator or his/her designated representative specifically notifies <br /> Licensee in writing that copies of specific documents will not be necessary. Materials <br /> which must be provided unless declined include, without limitation, all plans and <br /> Page 2 <br />