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7.2b SR 06-20-2023
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7.2b SR 06-20-2023
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6/15/2023 11:20:06 AM
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by a trier of fact. Nothing in this �r�vision shall cons�itute a waiver of defenses or irn�r�unities of <br />Permittee oz tY�e City, or create any duty to an� third party. . <br />23.) Ri h�t to Req�ire Performance. The failure of the City, at any time, to require performance <br />by Permittee of any pravisions hereof shali in no way affect the right of t�e City thereafter to <br />enforce the same. Nor shall waiver by the City of any bz-each af any of the pravisions hereof be <br />taken or held to be a waiver of any s�cceeding breach of such provision or as a waiver of any <br />provision itself. <br />24.} Severability. If any provision of this Permit shall be declared void or unenforceable, the <br />�ther provisions shal� no� be affected, b�t sha�l reanair� in fuIl farce and effect. <br />25.) Arnendment. This Permit shall not be considered modified, altered, changed, or arnended <br />in any respect unless approved by the City Couz�cii as required by City Ordinance. <br />26.} Conflicts. In aziy �ases in which Perrnittee believes there is an irreconcilable conflict <br />betweer� the requirements of this Permit and laws, rules, regulations, or order of any other <br />gavernmental authority, Permittee shall promptly notify the City of such irreconcilable conflict <br />and reques# an amendment of tl�is Permit. Until such tirne as the City acts upon a request for an <br />amendment to this Permit, which it may grant or deny in its soIe discretion, the terms of this <br />Permit shall govern all operatioms at the Landfill Site and shall prevail over the provisions of any <br />doc�rrient submitted by the Perfnit Holder and any requarements of state for federal law. The City <br />shall not unreasonably refuse io amend this Permit oz waive cornpliance with this Pernlit in order <br />to prevent violation of the law. <br />27.) Modification Sus ension ar RevQcation of Penrz►i�. The �iolation af any of the terms af <br />this Permit may result in suspension oz z'evacation herea� Furthermare, thE City specifica�ly <br />reserves the right, and Fennit�ee agrees, tY�at this Permit may be amended, suspended, or arevoked <br />by the City as reasonably req�ired to protect the public health, safety, welfare, azad the <br />e�nvironment. Specificaily, but without limiting the foregoing, the �ity may amend, suspend, or <br />revoke this Perfnit, whenever any reliable infarrnation is secured from a recognized source which <br />demonstrates that the continued operation of the Landfill places �he public health, s�ety, welfare, <br />or the environment in jeopardy. Such information includes, but is not limited to ihe fo�lowing: <br />(O 1} A deterrr�ination that the leachate generated at the Landfill is Fnigrating to surface or ground <br />waters in a way that threatens the public heal�h, safety, or general welfare (other than as indicated <br />in t�e permit application). <br />(02) A determination that recommen.ded heaith advisory le�els or intervention ievels for <br />drinking water (whetY�er prozn�tgated as of the date af this Permit or at a Iatez date, by the United <br />States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota <br />Pollution Control Agency, or any ather govermmental agency pr�mulgating standards for taxic <br />wastes, hazardous wastes, pallutants, or cantaminants in ground waters or surface waters) are <br />beang violated as a result of Land�'ill operations (othez than as indicated in the pez`mit appIication}. <br />CU t�-1� gH Page 9 <br />
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