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ERS Site: Consistent with the MPCA Permit this License authorizes the establishment and <br /> operation of an Energy Recovery Station which will burn a maximum of one thousand fifty (1,050) <br /> tons per day of refuse derived fuel(RDF), using a 12-month rolling average, and may burn Tire <br /> Derived Fuel (TDF) (as defined by the MPGA), at a rate not to exceed 200 tons per day in any 24- <br /> hour period and 100 tons per day on a 30-day rolling average, and other materials approved in the <br /> Industrial Solid Waste Management Plan for the facility. <br /> RPP Site: Consistent with the MPCA permit this License authorizes the establishment and <br /> operation of a Mixed Municipal Solid Waste Processing Plant which will process a maximum of <br /> approximately 547,000 tons per year of Mixed Municipal Solid waste into refuse derived fuel <br /> (RDF). <br /> 7.) Conditions Agreed To. This License is issued subject to the requirements and conditions <br /> set forth below, which are imposed for the purposes of- <br /> i. <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 Project facilities or within the 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 Project, and agrees to comply with each of <br /> 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 Project, this Permit may be revoked and/or terminated. <br /> Without limiting the foregoing, the violation of any statute, regulation, ordinance, permit or license <br /> condition imposed by lawful governmental authority and governing operation of the Project is <br /> grounds for suspension, revocation or termination of this Permit. The change, Licensee alteration, <br /> or amendment of any such statute, regulation, ordinance, permit or license condition by any <br /> governmental authority other than the City shall not excuse the Licensee from compliance with <br /> statutes, regulations, ordinances, permit or license conditions in effect on the date of the original <br /> issuance of this License, unless compliance is waived or excused by the City Council. The City <br /> shall not unreasonably refuse to waive or excuse compliance with existing permit or license <br /> conditions. <br /> 9.) Charges and Fees. <br /> (01) Prompt Payment. Licensee shall promptly pay to City all Charges and Fees as provided by <br /> the Permit for the Project. Failure to make prompt payment of all Charges and Fees, including the <br /> annual License Fee provided for below, shall be a violation of the terms and conditions of this <br /> Page 4 <br />