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.. .~ c , . v~ .; ~. AGREEMENT ~ This agreement entered into this 25th day of January, 1977 by and between the Gordon Rendering Company, hereinafter "COMPANY" and the City of New Brighton, hereinafter "CITY" , WIT N E SSE T H WHEREAS, COMPANY has been granted an Offensive Trades License for the year 1977 by CITY in Resolution No. 1804 on conditionfamong other actions, of the execution of an agreement in regard to testing of emissions into the ambient air from COMPANY's facilities, and WHEREAS, COMPANY is desirous of continuing its operatio::l as a rendering plant in the City of New Brighton during the year 1977. NOW THEREFORE IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. That emissions from the exhaust stack of the scrubber serving the plant facility at 19 14th St. NE shall be tested once in each 12 month period. ,. '. 2. That all :costs associated. wH:h the tests and reports Shall be borne by and paid for by COMPANY. That COMPANY shall ,allow the firm selected to perform the tests between the hours of 3:00 p.m. to 12:00 midnight, Monday thru Friday, with no more .than one (1) hour prior notice of, intent to perform said tests and shall not restrict the testing company from access to the property or facilities. 3. That CITY shall select the firm contracted to perform the test after first consulting with COMPANY and that the date and time for such stack tests shall be at the discretion of CITY. 4. Stack emission tests shall be conducted in complete conformance to American Society for Testing Materials Method D-1391-57. 5. CITY shall have the option of accepting the test results or requiring an additional test. 6. If a second test is required by CITY, all of the above conditions shall apply except that COMPANY shall not have to pay the cost of such additional test unless such test is either requested by COMPANY or required because COMPANY or its employees caused conditions which prevented obtaining valid test results. 1 !