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along said creek line a distance of 525'+ to a <br />point; thence southerly 1,130'+ to the -- <br />Portsmouth-Chesapeake corporat~ boundary line; <br />thence along said boundary 1,740'+ to the east <br />right-of-way line of Victory Boulevard, the point <br />of origin. <br /> <br /> 3. This use permit is approved subject to the following <br />conditions: <br /> <br /> (a) The cost of any improvements or modifications <br />to public water lines, sanitary sewerage or sewage <br />treatment facilities directly generated by this project <br />will be paid by the applicant or its assignee(s) or <br />successor(s). The Director of Public Utilities may <br />require the applicant or its assignee(s) or successor(s) <br />to provide studies documenting projected City water <br />requirements. <br /> <br /> (b) The facility shall be constructed and operated <br />in accordance with the document entitled "Wheelabrator <br />Tidewater Project Summary, UP-90-13, Exhibit t", <br />submitted by the applicant, unless otherwise modified by <br />conditions contained herein or by an alternate acceptable <br />to the City Council. Furthermore, the operator of the <br />facility shall upgrade and retrofit the facility to <br />comply with the future requirements of the state and <br />federal environmental protection agencies, and the State <br />Air Pollution Control Board and the State Water Control <br />Board, or their successors, as they are enacted into law. <br />In addition, the operator of the facility must install <br />and utilize during all hours of plant operation (i) a <br />de-NOx system, (ii) a continuous Emissions Monitoring <br />System, and (iii) a spray dryer absorber (wet scrubber). <br />The project shall also be constructed in accordance with <br />th~ Conceptual Site Plan labeled UP-90-13, Exhibit 2. <br /> <br /> (c) Prior to approval' of a plan of development <br />(site plan), the applicant or its assignee(s) or <br />successorls) shall present engineering drawings and <br />related documents acceptable to the City Manager of the <br />City of Portsmouth or his designee, which shall address: <br /> <br />(1) The construction and operation of <br /> the facility; <br /> <br />(2) <br /> <br />Environmental controls, including <br />air and water monitoring equipment, <br />to be provided to avoid negative <br />environmental impacts of the <br />facility, which can result if permit <br />requirements and regulatory <br />approvals are not met; and <br /> <br /> <br />