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<br /> , <br /> time of such stack tests shall be at the discretion of the <br /> - City. <br /> - 4. Stack emission tests shall be conducted in complete <br /> - conformity with the American Society for Testing Materials <br /> - Method D-139l-57. <br /> 5. The City or Company shall have the option of accepting the <br /> test results or requiring an additional test. <br /> 6. If a second test is required by the City, all of the above <br /> conditions shall apply except that the Company shall not <br /> have to pay the cost of such additional test unless such <br /> tests are either requested by the Company or required <br /> because the Company or its employees have caused conditions <br /> which prevented obtaining valid test results. <br /> 7 . After receipt of the results of the initial tests, the City <br /> shall determine whether violations of Minnesota Pollution <br /> Control Agency Regulations APC-9 and 10, or of Chapter 16 of <br /> the Arden Hills City Code, or of Section VI F.6 or Ordinance <br /> No. 213, as amended, have occurred by reason of the <br /> generation of excessive and offensive odors detectable <br /> beyond the property line of the Company. <br /> 8. If such violations are determined by the City's Council to <br /> exist, Company shall be given six (6) weeks to present a <br /> . plan and timetable for modifications or additions to the air <br /> pollution control equipment of the Company so as to <br /> . eliminate such violations. <br /> 9. Such shall be reviewed and approved by <br /> plan and timetable <br /> the City's Council with any modifications deemed necessary <br /> by the Council and shall, upon approval, become a condition <br /> of the permit granted to the Company. <br /> 10. This Agreement shall, upon execution by both parties hereto, <br /> be deemed to have satisfied the requirements of Paragraph <br /> No. 6 of the City's Resolution No. 79-58_ <br /> IN WITNESS WHEREOF, the parties have executed this <br /> Agreement as of the day and first above written. <br /> CITY OF ARDEN HILLS <br /> By <br /> Mayor <br /> By <br /> Clerk Administrator <br /> CITY SEAL <br /> DARLING-DELAWARE COMPANY, INC. <br /> . <br /> . <br />