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1. Satisfying the standards set forth in the Elk River City Code of <br /> Ordinances, including Section 604 and Article IX thereof; <br /> 2. Promoting compatibility with and minimizing any potential adverse <br /> effects upon properties and neighborhoods adjacent to the Facility or <br /> within the City; <br /> 3. Protecting the public health, safety, and general welfare; <br /> 4. Avoiding traffic congestion or hazard; and <br /> 5. Preventing land, water, or air pollution. <br /> III. Requirements and Conditions: <br /> 1. Incorporation of Plans and Application Materials. Construction and <br /> operation of the Facility shall be in accordance with the plans and other <br /> materials submitted by Licensee to the City and the MPCA, including <br /> those identified above in Section I of this License, all of which are hereby <br /> made a part of this License. Construction or operation in violation of any <br /> of the material statements of fact, factual information, or representations <br /> made by the License to the City or MPCA shall be deemed to be a <br /> violation of this Permit. <br /> 2. Submission of Final Plans. Final plans and specifications for the Facility • <br /> must be reviewed and approved by City staff and/or consultants prior to <br /> the issuance of a building permit for the Facility. <br /> 3. Incorporation of MPCA Permit and Regulations. The terms and <br /> conditions of the MPCA Permit and all MPCA Regulations applicable to <br /> the Facility are specifically incorporated into the License and the Licensee <br /> shall comply with all such terms and conditions including, without <br /> limitation, the "Special Conditions;" "Special Conditions Relating to DJ <br /> and Solid Waste;" and"General Conditions" of the MPCA Permit. Any <br /> violation of the MPCA Permit or any MPCA Regulation will constitute a <br /> violation of the terms of this License. Licensee shall notify the City <br /> immediately of any violation of the terms, conditions, or requirements of <br /> the MPCA Permit or MPCA Regulations, and shall advise the City as to <br /> what steps will be taken to correct said violations. <br /> 4. Incorporation of Amendments to MPCA Permit or Regulations. No <br /> amendment or change to any term, condition, or requirement of the MPCA <br /> Permit or Regulations shall be incorporated into this License or become <br /> effective with respect to this License until the City has received notice of <br /> the proposed amendment an has specifically consented thereto by <br /> amending this License to incorporate the MPCA Permit Amendment, <br /> s:\b&z\stever\upaexhb.doc 2 <br />