5.4. SR 05-17-2010 - Laserfiche WebLink

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Pernuttee fails to paythe HCF, for any reason, Pemuttee shall then pay the Landfill Abatement Surcharge authorized byMinn. 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 paythe 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 PerYrlittee 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 Pernut, which it maygrant 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 Permit is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Pernuttee agrees that this Permit maybe 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 anyreliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, orthe-environment in jeopardy. Such information includes, but is not limited to .the following: (01) A determination the (other than as indicated in the permit application) leachate generated at the Landfill Site is migrating to surface or ground waters in a waythat threatens the public health, safety, or general welfare. (02) A determination that (other than as indicated in the permit application) standard recommended health advisory levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, bythe United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) are being violated as a result of landfill operations. (03) A determination that the emission of landfill gas on or adjacent to the landfill Site is creating or threatens to create a health or safety hazard to the community. Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon the pernuttee the obligation to complywith any state or federal law or regulation relaxing to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Conditional Use Permit maybe ordered only after a public hearing on such suspension, revocation, or amendment, preceded bythiny (30) days' S:\PLANI`IING MAIN\Case Files\CUP\CU 10-02 ER Landfill\LANDFILL CUP 2010 2 16 10 CC veision.DOC Pag.