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<br />.# <br /> <br />~ <br /> <br />-.. .... " I It I ,'tf&,.; , . ~ ~I' ~, <br />., <br /> <br />,...."'........, ,.""""~" .....~.._,-""......._.,....'...... ~"."'-"..~..._,._..,...-...---.--_....-,--.............._..-._"..'.. <br /> <br />.. '''- .&. / <br />. ";le 1 'f <br />- vl-' I <br />I <br />I <br />I <br /> <br />AGREEMENT <br /> <br />This agreement entered into this 12th day of December, <br />1979 by and between the Gordon Rendering Company, hereinafter <br />"COMPANY" and the City of New Brighton, hereinafter "CITY", <br /> <br />WIT N E SSE T H <br /> <br />'I <br />II <br />il <br />Ii <br />II <br />'i <br /> <br />II <br />I' <br />II <br />,I <br />II <br />" <br />II <br />II <br />I, <br />I <br /> <br />WHEREAS, COMPANY has been granted an Offensive Trades <br />License for the year 1979 by CITY in Resolution No. 2123 <br />on condition, among other actions of the execution of an <br />ambient air from COMPANY's facilities, and <br /> <br />WHEREAS, COMPANY is desirous of continuing its operation <br />as a rendering plant in the City of New Brighton during the <br />year 1979. <br /> <br />NOW THEREFORE IT IS AGREED BY THE PARTIES HERETO AS <br />FOLLOWS: <br /> <br />1. That emissions from the exhaust stack of the <br />scrubber serving the plant facility at 19 - 14th <br />Street N.E. shall be tested at least twice and up <br />to four (4) times in each 12 month period. <br /> <br />i <br />II <br />i! <br />II <br /> <br />II <br />,j <br />I' <br />I! <br />II <br />,I <br />Ii <br />ii <br />I' <br />.1 <br />II <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />2. That all costs associated with the tests and reports <br />shall be borne by and paid for by COMPANY. That <br />COMPANY shall allow the firm selected to perform.the <br />tests between the hours of 3:00 P.M. to 12:00 <br />midnight, Monday thru Friday, with no more than one <br />(1) hour prior notice of intent to perform said <br />tests and shall not restrict the testing company <br />from access to the property or facilities. <br /> <br />3. That CITY shall select the firm contracted to perform <br />the test after first consulting with COMPANY and that <br />the date and time for such stack tests shall be at <br />the discretion of CITY. <br /> <br />4. Stack emission tests shall be conducted in complete <br />conformance to American Society for Testing <br />Materials Method D-139l-57. <br /> <br />5. CITY shall have the option of accepting the test <br />results or requiring an additional test. <br /> <br />6. If a second test is required by CITY, all of the <br />above conditions shall apply except that COMPANY <br />shall not have to pay the cost of such additional <br />test unless such test is either requested by <br />COMPANY or required because COMPANY or its employees <br />caused conditions which prevented obtaining valid <br />test results. <br /> <br />7. After receipt of the results of the initial tests, <br />CITY shall determine whether there continue to exist <br />violations of MPCA Standards APC 9 and 10 or of <br />Chapter 17' of the City Code by reason of the <br />generation of excessive and offensive odors <br />detectable beyond the property line of COMPANY. <br /> <br />l <br />., ., .. I <br /> <br />, , <br />.'. <br /> <br />... <br /> <br />~ <br />