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II. <br /> <br />III. <br /> <br />This License is issued subject to the requirements and conditions set forth below in <br />Section III, which are imposed for the purposes of: <br /> <br />Satisfying the standards set forth in the Elk River City Code of Ordinances, <br />including Section 604 and Article IX thereof; <br /> <br />Promoting compatibility with and minimizing any potential adverse effects <br />upon properties and neighborhoods adjacent to the Facility or within the <br />City; <br /> <br />3. Protecting the public health, safety, and general welfare; <br /> <br />4. Avoiding traffic congestion or hazard; and <br /> <br />5. Preventing land, water, or air pollution. <br /> <br />Requirements and Conditions: <br /> <br />Incorporation of Plans and Application Materials. Construction and operation of <br />the Facility shall be in accordance with the plans and other materials submitted by <br />Licensee to the City and the MPCA, including those identified above in Section I <br />of this License, all of which are hereby made a part of this License. Construction <br />or operation in violation of any of the material statements of fact, factual <br />information, or representations made by the Licensee to the City or MPCA shall be <br />deemed to be a violation of this License. <br /> <br />Submission of Final Plans. Final plans and specifications for the Facility must be <br />reviewed and approved by City staff and/or consultants prior to the issuance of a <br />building permit for the Facility. <br /> <br />Incorporation of MPCA Permit. The terms and conditions of the MPCA Permit <br />are specifically incorporated into this License and the Licensee shall comply with <br />all such terms and conditions including, without limitation, the "Operating <br />Conditions," "Special Operating Requirements," and "General Conditions" of the <br />MPCA Permit and that portion of the MPCA Permit denoted "Permit No. SW- <br />305." Any violation of the MPCA Permit will constitute a violation of the terms <br />of this License. Licensee shall notify the City immediately of any violation of the <br />terms, conditions, or requirements of the MPCA Permit, and shall advise the City <br />as to what steps will be taken to correct said violations. <br /> <br />Incorporation of Amendments to MPCA Permit. No amendment or change to any <br />term, condition, or requirement of the MPCA Permit shall be incorporated into the <br />License or become effective with respect to this License until the City has received <br />notice of the proposed amendment and has specifically consented thereto by <br />amending this License to incorporate the MPCA Permit Amendment. <br /> <br />PXB 103217 2. <br /> <br /> <br />