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6.6
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by both the City and the County provided that such exercise feature allows its use on <br /> instruction by either or both the City or County. <br /> (02) In the event this, or any subsequent permit is revoked or the Permittee closes <br /> operation of the landfill for any reason, including but without limitation, order of the <br /> court or other agency of competent jurisdiction, bankruptcy, insolvency, or <br /> abandonment, the Permittee shall immediately proceed to close, cover, and grade the <br /> Landfill Site according to an environmentally sound closure plan which shall be <br /> approved by the City and which shall comply with all requirements of the PCA and <br /> Sherburne County relating to final closure. In the event the Permittee fails to comply <br /> with the terms of this subparagraph (b), the City may, upon ninety (90) days' prior <br /> notice to the Permittee, enter into the property and perform all such obligations, the <br /> costs of which shall be borne by the Permittee, or, in default thereof, by its surety. <br /> (03) In lieu of the bond required in this section, the Permittee shall fund an interest <br /> bearing escrow account at the City. Permittee shall deposit an initial sum of <br /> $17,325.19 and thereafter $.10 shall be deposited monthly into this account for each <br /> cubic yard of mixed municipal solid waste disposed of at the Landfill until the escrow <br /> account (including interest) has reached a total of $250,000. Interest shall then <br /> continue to accrue and remain in the escrow account until the escrow account reaches <br /> the total amount of $400,000. Interest earned thereafter shall be deposited in the <br /> City's general fund. Disbursements from this escrow account shall be made only for <br /> the purposes described in part (a) herein until the completion of all closure and 41111 <br /> post-closure monitoring activities at the Landfill Property to the satisfaction of the <br /> City, at which time any account balance shall be disbursed to Permittee. <br /> 12.) Applicability of Conditional Use Permit. This Permit shall apply to the entire <br /> Landfill Property. This Conditional Use Permit shall run with the real property and apply to <br /> the Permittee, its successors, and assigns. <br /> 13.) Permit Period. This Permit shall be in force and effect until January 31, 2000 <br /> or until the landfill operations authorized herein are completed and the Landfill is closed in <br /> compliance with the closure plan, whichever comes first. <br /> 14.) Violation of Conditions. If the Permittee or its successors or assigns violates <br /> any term or condition imposed by this Conditional Use Permit, or any solid waste facilities <br /> license issued for operation of the Landfill, this Conditional Use Permit may be revoked and <br /> terminated. Without limiting the foregoing, the violation of any statute, regulation, <br /> ordinance, or permit condition imposed by lawful governmental authority and governing <br /> operations on the Landfill Property is grounds for suspension, revocation or termination of <br /> this Conditional Use Permit. The change, alteration, or amendment of any such statute, <br /> regulation, ordinance, or permit condition by any governmental authority other than the City <br /> shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or <br /> permit or license conditions in effect on the date of the original issuance of this Permit unless <br /> PXB 100862 12. <br />
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