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5.4. SR 05-17-2010
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5.4. SR 05-17-2010
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5/26/2010 3:05:21 PM
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5/17/2010
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Pel7nittee fails to pay the HCF, for any reason, Permittee shall then pay the Landfill Abatement <br />Surcharge authorized by Minn. Star. ~ 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid <br />directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount <br />and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for <br />each month shall be received by the City no later than the thirtieth calendar day of the succeeding <br />month. Failure to pay the Surcharge when due shall be cause for revocation of this Permit and shall be <br />a violation of the conditions and requirements of this Permit. <br />26.) Conflicts. In any cases in which the Permittee believes there is an irreconcilable <br />conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or <br />Order of any other governmental authority, the Permittee shall promptly notify the City Of such <br />irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as <br />the City acts upon a request for an amendment to this Conditional Use Permit, which it may grant or <br />deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and <br />shall prevail over the provisions of any document submitted by the Permit Holder and any <br />requirements of state fox federal law. The City shall not unreasonably refuse to amend this Permit or <br />waive compliance with this Permit in order t0 prevent violation of the law. <br />27.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms <br />of this Permit is ground for suspension or revocation hereof. Furthermore, the City specifically <br />reserves the right, and the Permittee agrees that this Permit maybe amended, suspended, or revolted <br />by the City as reasonably required to protect the public health, safety, welfare, and the environment. <br />Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, <br />whenever any reliable information is secured from a recognized source which demonstrates that the <br />continued operation of the Landfill places the public health, safety, welfare, or the environment in <br />jeopardy. Such information includes, but is not limited to the following: <br />(01) A determination the (other than as indicated in the permit application) leachate <br />generated at the Landfill Site is migrating to surface or ground waters in a way that threatens <br />the public health, safety, or general welfare. <br />(02) A determination that (other than as indicated in the permit application) standard <br />recommended health advisory levels or intervention levels for drinking water (whether <br />promulgated as of the date of this Permit or at a latex date, by the United States <br />Environmental Protection Agency, the Minnesota Department of Health, the Minnesota <br />Pollution Control Agency, or any other governmental agency promulgating standards for toxic <br />wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) are <br />being violated as a result of landfill operations. <br />(03) A determination that the emission of landfill gas on or adjacent to the Landfill Site is <br />creating or threatens to create a health or safety hazard to the community. <br />Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon the <br />permittee the obligation to comply with any state or federal law or regulation relating to the operation <br />of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting <br />landfills. Suspension, revocation, or amendment of this Conditional Use Permit may be ordered only <br />after a public hearing on such suspension, revocation, or amendment, preceded by thirty (30) days' <br />S:\PLANNING MAIN\Case Files\CUP\CU 10-02 IJR Landfill\LANDFILL CUP 2010 21G 10 CC version.DOC Page 13 <br />
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