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WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Conditional Use Permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications hereinafter stated, to wit: 1.) Scope and Conduct of Landfill Operations. The operation of a solid waste landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County (the County), and the Minnesota Pollution Control Agency (PCA); and in accordance with authorization and limitations contained in PCA Solid Waste Permit No. 74, the current Sherburne County Solid Waste Landfill License of the Permittee, the current City Solid Waste Facility License and this Permit. Landfill operations may be conducted on the Landfill Site only in accordance with the plans, descriptions, and reports incorporated in said permits including specifically, but without limitation, the application for solid waste facility license and application for conditional use permit dated February 1, 1988, the Solid Waste License Renewal Application submitted November 30, 1990 (including a modifying submittal dated April 14, 1991), and the Solid Waste License Renewal Application submitted November 30, 1995. 2.) Scope and Conduct of Related Operations. • (01) Recycling Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. PXB 100862 2.