Resolution - #00-04-104 - 04/25/2000

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• • • a frequently as determined by the City, submit noise analysis reports and air quality reports to the City. 16. The emission of noxious matter shall be controlled so that no concentration of such matter, at or beyond the lot line, will be detrimental to or endanger the public health, safety, comfort, or general welfare or cause damage to property. Noxious matter means any solid, liquid or gaseous material including but not limited to gases, vapors, odor, dusts, fumes, mists, or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare or causes damage to property. 17. All parking areas, driveways, circulation and stacking lanes and parking areas shall be designed, surfaced and curbed in accordance with City Code. 18. All trucks and equipment destined to or away from the site, except for personal vehicles, shall be restricted to designated routes established by the City. The operator of any transfer station shall be responsible for notifying truck operators of the route designation by the City. The City will not revoke a Conditional Use Permit granted under this subsection for off -site violations beyond the control of the transfer station operator and owner. 19. That all costs incurred by the City in administering and enforcing this permit shall be the responsibility of the Permittee. 20. That the City Administrator or his designee shall have the right to inspect the Site for compliance and safety purposes annually or at any time upon reasonable request. 21. That the failure of the City at any time to require a performance by the Permittee of any provisions herein 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. 22. All applicable City ordinances not specifically covered herein shall become a part of this Permit. 23. That if any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 24. That this Permit shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. 25. That the violation of any of the material terms of this Permit is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend, or revoke this Permit consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, consistent with applicable law, if the City Council reasonably determines that continued operation of the facility places the public health, safety or welfare or the environment in jeopardy or creates a public nuisance due to odors, litter, debris or other nuisance factors. 26. That if the Permittee or its successors or assigns violates any material term or condition imposed by this Permit, it may be revoked and terminated consistent with applicable law. Without limiting the foregoing, the violation of any statute, regulation, ordinance or permit condition imposed by lawful governmental authority and governing operations on the site is grounds for revocation and termination of this Permit, consistent with applicable law. The change, alteration or amendment of any such statute, regulation, ordinance or permit Resolution # 00 -04 -104 Page 3 of 5