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; -",.,. ", / ~. AGREEMENT This agreement entered into this 12th day of December. 1978 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 1979 by CITY in Resolution No. 2123 on condition, among 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 operation as a rendering plant in the City of New Brighton during the year 1979. NOW THEREFORE IT IS AGREED BY THE PARTIES HERETO AS FO LLOWS : 1. That emissions from the exhaust stack of the scrubber serving the plant facility at 19 - 14th Street N.E. shall be tested at least twice and up to four (4) times in each 12 month period. 2. That all costs associated with 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. and 12:00 midnight, Monday thru Friday, with no more than one (l) hour prior notice of intent to perform said tests and shall not restrict the testing company from a.ccess 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 0-1391-57. 5. CITY shall have the option of accepting the test result 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 te$t results. 7. After receipt of the results of the initial tests, City shall determine whether there are violations of MPCA Regulations APC 9 and 10 or of Chapter 17 of the City Code by reason of the generation of excessive and offensive odors detectable beyond the property line of COMPANY. '- i i I ! I I I ,I I I . "i '.