5.4. SR 05-17-2010 - Laserfiche WebLink

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(02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Pemuttee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests. such as "co-disposal" approvals, etc. 18.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. Citypersonnel or agents performing the inspection will notifypersonnel at the landfill office at the time of inspection. Permittee shall promptlynotifythe City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of anyviolations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Permittee. This letter maybe revised or supplemented by City staff from time to time as necessaryto address the City's needs for notification. 19.) Indemnitv. The Permittee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising from the operations on the Landfill Site. 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, orself-insure for the above. 21.) Snlit Samples. The Permittee shall notifythe Cityforry--eight (48) hours before any sampling of .groundwater or surface water and allow the cityto obtain split samples of such waters. 22.) Right to Require Performance. The failure of the City, at anytime, to require performance bythe Pernuttee of anyprovisions 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 anyprovision itself. 23.) Severability. If anyprovision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 24.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved bythe City Council as required by City Ordinance. 25.) Fees. The Peixnittee shall pay the Host Community Fee (HC~ provided for in the Host Community Agreement entered into between the Pexrnittee and City on September 15, 2003. If S:\PLANNING MAIN\Case Files\CCJP\CCT 10-02 ER Landfill\LANDFILL CUI' 2010 2 16 10 OC veision.DOC Page 12