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5.1
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affect the right of the City thereafter to enforce the same. Nor shall waiver by the <br /> City of any breach of any of the provisions hereof be taken or held to be a waiver • <br /> of any succeeding breach of such provision or as a waiver of any provision itself. <br /> 23.) Severability. If any provision of this Conditional Use Permit shall be <br /> declared void or unenforceable, the other provisions shall not be affected, but <br /> shall remain in full force and effect. <br /> 24.) Amendment. This Permit shall not be considered modified, altered, <br /> changed, or amended in any respect unless approved by the City Council as <br /> required by City Ordinance. <br /> 25.) Landfill Surcharge Fees. This Permit does not waive the City's right <br /> to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the <br /> Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, <br /> and shall be accompanied by an accurate report on the amount and type of solid <br /> waste disposed of in the landfill each day during the month. The Surcharge due <br /> for each month shall be received by the City no later than the thirtieth calendar <br /> day of the succeeding month. Failure to pay the surcharge fee when due shall <br /> be cause for revocation of this Permit and shall be a violation of the conditions <br /> and requirements of this Permit for the purposes of the related operations <br /> authorized by Section 2 of this Permit. <br /> 26.) Conflicts. In any cases in which the Permittee believes there is an1111 <br /> irreconcilable conflict between the requirements of this Conditional Use Permit <br /> and Laws, Rules, Regulations, or Order of any other governmental authority, the <br /> Permittee shall promptly notify the City of such irreconcilable conflict and <br /> request an amendment of this Conditional Use Permit. Until such time as the <br /> City acts upon a request for an amendment to this Conditional Use Permit, <br /> which it may grant or deny in its sole discretion, the terms of this Permit shall <br /> govern all operations at the Landfill Site and shall prevail over the provisions of <br /> any document submitted by the Permit Holder and any requirements of state for <br /> federal law. The City shall not unreasonably refuse to amend this Permit or <br /> waive compliance with this Permit in order to prevent violation of the law. <br /> 27.) Modification, Suspension, or Revocation of Permit. The violation of <br /> any of the terms of this Permit is ground for suspension or revocation hereof. <br /> Furthermore, the City specifically reserves the right, and the Permittee agrees <br /> that this Permit may be amended, suspended, or revoked by the City as <br /> reasonably required to protect the public health, safety, welfare, and the <br /> environment. Specifically, but without limiting the foregoing, the City may <br /> amend, suspend, or revoke this Permit, whenever any reliable information is <br /> secured from a recognized source which demonstrates that the continued <br /> operation of the Landfill places the public health, safety, welfare, or the <br /> environment in jeopardy. Such information includes, but is not limited to the . <br /> following: <br />
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