Resolution - #93-12-285 Draft - 12/14/1993

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I I I I I i I ! I I I I I I I I ! I 31. 32. 33. 34. 35. 36. 37. 38. 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. Severability. If any provision of this CUP shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. Modification. This CUP shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and IPS. -~ Amendment, Suspension or Revocation of CUP. The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserveS the fight to amend, suspendor revoke this CUP 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 CUP consistent with applicable law if the City Council reasonably determines that continued operation of the composting 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. Violation of Conditions. If IPS or its successors or assigns violates any material term or condition imposed by this CUP, 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 CUP consistent 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 not excuse IPS from compliance with statutes, regulations, ordinances or CUP conditions 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 in accordance with § 1.02.02 Subd. 1 of the Ramsey City Code. ~ Nonassignability of CUP. Any rights conferred on IPS by this CUP are personal.to IPS. The City is issuing this CUP on the basis of the credit and reputation of IPS. IPS shall not assign or transfer this CUP without fu'st 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 IPS successors and assigns. In the event the City declines for any reason to allow the transfer of this CUP, IPS shall either continue with yard waste composting operations in full compliance with the terms of this CUP or terminate 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 consumction, operation and environmental effect of the composting facility. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will provide reasonable notice to IPS personnel prior to the time of inspection. Reports. The permit holder shall report in a quarterly report the quantities of wastes received by the facility and quantities of compost removed from the site. Copies of all operating records or reports submitted to state and federal regulatory agencies shall also be provided to the City. International Process Systems (IPS) Enclosed Organic Compost Facility CUP Page 5 of 7