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Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:08PM;JX #563;Page 38/39 <br /> • 23.) Severability. If any provision of this License shall be declared void or <br /> unenforceable, the other provisions shall not be affected, but shall remain in full force and <br /> effect. <br /> 24.) Amendment. This License shall not be considered modified, altered, changed, <br /> or amended in any respect unless approved by the City Council as required by City Ordinance. <br /> 25.) Landfill Surcharge Fees. This License does not waive the City's right to collect <br /> the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge <br /> shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate <br /> report on the amount and type of solid waste disposed of in the landfill each day during the <br /> month. The Surcharge due for each month shall be received by the City no later than the <br /> thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due <br /> shall be cause for revocation of this License and shall be a violation of the conditions and <br /> requirements of this License for the purposes of the related operations authorized by Section 3 <br /> of this License. <br /> 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable <br /> conflict between the requirements of this License and Laws, Rules, Regulations, or Order of <br /> any other governmental authority, the Licensee shall promptly notify the City of such <br /> irreconcilable conflict and request an amendment of this License. Until such time as the City <br /> • acts upon a request for an amendment to this License, which it may grant or deny in its sole <br /> discretion, the terms of this License shall govern all operations at the Landfill Site and shall <br /> prevail over the provisions of any document submitted by the Licensee and any requirements <br /> of state or federal law. The City shall not unreasonably refuse to amend this License or waive <br /> compliance with this License in order to prevent violation of law. <br /> 27.) Modification. Suspension, or Revocation of License. The violation of any of <br /> the terms of this License is grounds for suspension or revocation hereof. Furthermore, the <br /> City specifically reserves the right, and the Licensee agrees that this License may be amended, <br /> suspended, or revoked by the City as reasonably required to protect the public health, safety, <br /> and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, <br /> or revoke this License, whenever any reliable information is secured from a recognized source <br /> which demonstrates that the continued operation of the landfill places the public health, safety, <br /> or welfare, in jeopardy. Such information includes, but is not limited to the following: <br /> (01) A determination that (other than as indicated in the license application) leachate <br /> generated at the Landfill Site is migrating to surface or ground waters in a way that <br /> threatens the public health, safety, or general welfare. <br /> (02) A determination that (other than as indicated in the license application) <br /> standards for drinking water (whether promulgated as of the date of this License or at a <br /> • later date by the United States Environmental Protection Agency, the Minnesota <br /> Department of Health, the Minnesota Pollution Control Agency, or any other <br /> 909376.2 19. <br />