6.3. SR 02-17-2009 - Laserfiche WebLink

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20.) Workers Compensation. The Permittee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 21.) Snlit Samples. The Permittee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the city to obtain split samples of such waters. 22.) Right to Rewire Performance. The failure of the City, at any time, to require performance by the Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Sever~bility. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in fizll force and effect. 24.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) Fees. The Permittee shall pay the Host Community Fee (HCF) provided for in the Host Community Agreement entered into between the Permittee and City on September 15, 2003. If Permittee fails to pay the HCF, for any reason, Permittee shall then pay the Landfill Abatement Surcharge authorized by Minn. Stat. ~ 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the Surcharge when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit. 26.) Conflicts. In any cases in which the Permittee believes there is an irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Order of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as the City acts upon a request for an amendment to this Conditional Use Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 27.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms of this Pern~it is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Permittee agrees that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: C\Documents and Settings\irnillex\Local Settings\Tem_gorar~ Internet Files\OLK3E\LANDCUP.DOC~; non nc e r. n r .._.~cn\ r e r.Tr~!•r m r~~~i•