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6.4
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• No. MN0001988 by the Permittee shall entitle the City to any and all <br /> remedies available at law or in equity. If the City determines that such <br /> violation results in a clear and imminent danger to the health and safety <br /> of the City's residents, the City's remedies shall include immediate <br /> cessation of operation or construction, or both, without the necessity of <br /> a judicial order in advance of the same. In all other instances, the <br /> immediate cessation remedy shall be preceded by a hearing as provided <br /> by City ordinance. <br /> C. If any portion, section, subsection, sentence, clause, paragraph, or <br /> phrase of this Permit is for any reason held invalid, such decision shall <br /> not effect the validity of the remaining portions of the Permit. <br /> D. The action or inaction of the City shall not constitute a waiver or <br /> amendment to the provisions of this Permit. To be binding, <br /> amendments or waivers shall be in writing, signed by the Permittee, <br /> and approved by written resolution of the City Council. The City's <br /> failure to promptly take legal action to enforce this Permit shall not be <br /> a waiver or release. <br /> 23. Notices: Required notice to the Permittee shall be in writing, and shall be <br /> either hand delivered to the Permittee, its employees or agents, or mailed to <br /> the Permittee by certified or registered mail at the following address: <br /> • <br /> United Power Association <br /> ATTN: General Manager <br /> 17845 U.S. Highway 10 <br /> Elk River, Minnesota 55330-0800 <br /> Notice to the City shall be in writing, and shall be either hand delivered to the <br /> City Administrator, or mailed to the City by certified or registered mail in <br /> care of the City Administrator at the following address: <br /> City of Elk River <br /> City Hall <br /> Elk River, Minnesota 55330 <br /> Attention: City Administrator <br /> 24. Review: The terms and conditions of this Permit and compliance by the <br /> Permittee shall be subject to review by the City every four (4) years from the <br /> original date of the prior approval. The City reserves the right to revoke, <br /> amend, or impose additional conditions on the Facility or the Permittee at such <br /> time taking into account the advancement of scientific knowledge relative to <br /> the health effects of the Facility, the Permittee's degree of compliance with <br /> • <br /> PXB 102965 6. <br />
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