Resolution - #93-03-033 - 03/09/1993

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I I I I I I I I I I I I I I I I 35. 36. 37. 38. 39. 40. 41. 42. Sev~rability. If any provision of this CUP shall be declared void or unenforceable, the other pr0visions shall not be affected, but shall remain in full force and effect. Modification. This CUP constitutes the entire agreement and understanding between the partlgs hereto with respect to this CUP. This CUP shall not be considered modified, altered, Changed or amended in any respect unless in writing and signed by the City and the Perrflit Holder. Amend~nent, Suspension or Revocation of CUP. The violation of any of the ma~ ~.e~ial Ierms of this CUP is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP consistent with applicable law as reasonably required to protect the public heal,h, aafety and welfare and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law if th_~ City Council reasonably determines that continued operation of the aluminum processing facility places the public health, safety or welfare or the environment in jeopardy. V|olatior~ of Conditions. If the Permit Holder or its successors or assigns violates any material term or condition imposed by this CUP, it may be revoked and terminated cons}stent with applicable law. Without limiting the foregoing, the violation of any statute, regUlgti0)n, ordinance or permit condition imposed by lawful governmental authority and governing operations on the Site is grounds for revocation and termination of this CUP conai~tent with applicable law. The change, alteration or amendment of any such statute, regulation, ordinance or permit condition by any governmental authority other than the City shall i~ot.¢xcuse the Permit Holder from compliance with statutes, regulations ordinances or CUP colnditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. Violation a Misdemeanor. Violation of any of the provisions of this CUP is declared to be:a violation of the City of Ramsey in accordance with Section 250.1 of the Ramsey City Code. Nonassignability of CUP. Any rights conferred on Danny's Aluminum Processing, Inc. by tliis CUP are personal to the Permit Holder. The City is issuing this CUP on the basis of the credit and reputation of the Permit Holder. The Permit Holder shall not assign or tr~nsf~ this CUP without first obtaining approval of the City which may allow or disallow .such transfer in its absolute and sole discretion. In the event of transfer, the CUP shall aPPlY to the Permit Holders' successors and assigns. In the event the City declines for arty reason to allow the transfer of this CUP, the Permit Holder shall either continue with aluminum processing operations in full compliance with the terms of this CUP or terminatealuminum processing operations at its option. On-site Inspection. The City reserves the right to inspect the site for the purposes of examining and copying nonprivileged records; conducting inspections, surveys, investigations, monitoring or sampling; and obtaining necessary information pertaining to the construction, operation and environmental effect of the aluminum processing facility. Insp~tions shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will provide reasonable notiec~ to the Permit Holder's personnel prior to the time Of inspection. Docuine}ats and Plans. Copies of all documents, plans, or other reports which are requ ~!r~l to be supplied to the MPCA or Anoka County shall also be supplied concurrently to the City at no cost to the City. 6