Resolution - #97-05-137 - 05/27/1997

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Bonding. WMMI shall fumish a surety bond in the amount of Three Hundred Thousand dollars ($300,000) to mn continuously (annual renewal allowed) until all recovery and treatment operations are completed to ensure compliance with the terms and conditions of this Conditional Use Permit. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving 120 days prior written notice to the City. WMMI shall renew each such bond no more than 60 days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of WMMI and shall constitute grounds for immediate and automatic revocation of this Permit. Said bond shall provide that if WMMI refuses to obey any of these requirements or to any of the acts required by this Conditional Use Permit or for any reasons ceases to operate or abandons the recovery and treatment system other than achieving cleanup standards set forth by MPCA, and the City is required to expend moneys or labor or material to supply water to residents and businesses due to groundwater contamination attributed to the landfill, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of WMMI to comply with this Permit, and the obligor shall indemnify and save the City harmless from the losses, costs and charges that may occur to the City because of any default by WMMI. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City or County. Violation of Conditions. If WMMI, or its successors or assigns, violates any term or condition imposed by this Conditional Use Permit, it may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulations, ordinance or permit condition imposed by lawful governmental authority and governing operations on the landfill site, is grounds for revocation and termination of this Conditional Use Permit. The change, alteration or amendment of any such statute, regulations, ordinance or permit condition by any governmental authority other than the City shall not excuse WMMI from compliance with statutes, regulations ordinances or permit conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. 10. Nonassignabili _ty of Permit. Any rights conferred on WMMI by this Permit are personal to the Permit Holder. The City is issuing this Permit on the basis of the credit and reputation of WMMI. WMMI shall not assign or transfer this Permit without first obtaining approval of the City which may allow or disallow such transfer in its absolute and sole discretion, except that it may be transferable to the Minnesota Pollution Control Agency. 11. Annual Review. This Permit and the performance of the owner/operation shall be reviewed annually by the City Council at least 60 days prior to the anniversary date of the permit date. Required insurance certificates and appropriate bonds shall be submitted to the City prior to the anniversary date of the permit.