SOLID WASTE DISPOSAL AGREEMENT

Transcription

1 SOLID WASTE DISPOSAL AGREEMENT This Solid Waste Disposal Agreement ("Agreement") is made this day of July 2015 by and between Jefferson County Solid Waste District and the City and County of Butte- Silver Bow, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as "Butte-Silver Bow". WITNESSETH WHEREAS, District desires to obtain disposal services for the economical and environmentally sound disposition of solid waste generated within its jurisdiction; WHEREAS, District has the power to enter into service contracts for the disposal of solid waste generated within its jurisdiction; and WHEREAS, Butte-Silver Bow operates a solid waste sanitary landfill and desires to provide solid waste disposal services for other governmental entities; and WHEREAS, Butte-Silver Bow has the power to enter into service contracts providing solid waste disposal services for other governmental entities. NOW THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the parties have agreed as follows: ARTICLE I Definitions 1.1 "Assessments" means all assessments, levied or assessed upon, with respect to the Disposal Site. Should the State of Montana or the United States Government impose an assessment, charge or fee, or increase a then existing assessment, charge or fee which Butte-Silver Bow will be required to pay, which assessments are levied against the Disposal Site, such assessments, fees or charges will constitute "Assessments" hereunder. 1.2 "Collector" means the person or firm who collects and transports the "Waste Material" over which District has disposal authority and which, in compliance with governmental licenses and permits in effect, may be disposed of at the Disposal Site. 1.3 "Delivery Date" means July 1, 2015, which is the date Waste Material is first accepted for disposal pursuant to this Agreement. 1.4 "Disposal Site" means the landfill permitted and operated by Butte-Silver Bow, at North Browns Gulch Road, Butte, Montana Permit means the non-transferable permit that is issued by District to each Elk Park area resident, which permit must be displayed at the landfill prior to disposal of waste. If 1

2 the permit is transferred (except as provided in 5.1), the permit is automatically voided. 1.6 Resident means any person, residing within Jefferson County s Elk Park area, who is issued a Landfill Disposal permit. 1.7A. Group II Waste means all Group II waste as defined in Section (a) of the Administrative Rules of Montana (ARM) including all normal residential/household solid waste. 1.7B. "Group III Waste" means all Group III waste as defined in Section (b) of the Administrative Rules of Montana (ARM) entitled "Waste Groups" and includes wood wastes and non-water soluble, essentially inert solids. Examples include, but are not limited to, the following: (a) (b) (c) inert solid waste such as brick, dirt, rock and concrete; wood materials, brush, lumber, and vehicle tires; and industrial mineral wastes which are essentially inert and non-water soluble and do not contain hazardous waste constituents. 1.8 "Hazardous Waste" means any waste, (even though it may be part of a delivered load of waste) which: (a) (b) (c) (d) is required to be accompanied by a written manifest or shipping document describing the waste as "hazardous waste", pursuant to any state or federal law, including, but not limited to, to the Resource Conservation and Recovery Act, 42 U.S.C. 7901, as amended and the regulations promulgated thereunder; or contains polychlorinated biphenyls or any other substance the storage, treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 15 U.S.C. 2601, et seq. as amended and the regulations promulgated thereunder; or contains a "reportable quantity" of one or more "hazardous substances," as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq. as amended and the regulations promulgated thereunder or as defined under Montana law and regulations promulgated thereunder; or contains a radioactive material the storage or disposal of which is subject to state or federal regulation. 2

3 1.9 "Special Waste" means any waste, (even though it may be part of a delivered load of waste), which is: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) friable asbestos waste from building demolition or cleaning, such as wall board, wall spray coverings, pipe insulation, etc. Asbestos-bearing industrial process waste is "Special Waste". An "Asbestos Disposal Form" (Exhibit "D") must be completed and approved at least twenty-four hours before any asbestoscontaining-material (acm) is brought to the Disposal Site. containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in (d)-(i) of this definition, below; waste transported in a bulk tanker; liquid waste: For purpose of this paragraph, liquid waste means any Waste Material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095). Sewage sludge from a publicly owned treatment works, shall be considered liquid if it fails to pass the paint filter test for solids; sludge waste; waste from an industrial process; waste from a pollution control process; residue or debris from the cleanup of a spill or release of chemical substances, commercial products or wastes listed in (a)-(g) or (i) of this definition; soil, water residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in (a)-(h) of this definition; residential wastes only if a change in law, statute, regulation, rule, code, ordinance, permit, or permit condition occurs after the Effective Date of this Agreement, and such change requires special or additional management that differs from the requirements applicable on the Effective date of this Agreement; or (k) any Miscellaneous Special Waste as defined in Exhibit C "Suspicious Waste" is waste which Butte-Silver Bow reasonably suspects any be "Unacceptable Waste." 3

4 1.11 "Unacceptable Waste" means any and all waste that is either: (a) (b) (c) (d) Waste which is prohibited from disposal at a sanitary landfill by state, federal or local law, regulation, rule, code, ordinance, permit or permit condition; Group III Waste, as defined in 1.5 above; Hazardous Waste, as defined in 1.6 above; or Special Waste, as defined in 1.7 above "Waste Generator" means any person or firm who generates any "Waste Material" over which District has disposal authority and which, in compliance with governmental licenses and permits in effect, may be disposed of at the Disposal Site "Waste Material" means any and all waste that is solid waste, as the latter term is defined in Montana State law, except Unacceptable Waste as defined in 1.11 above. ARTICLE 2 Terms of Agreement 2.1 Effective Date. This Agreement will be effective upon execution, as used herein, the "Effective Date." 2.2 Term. The term of this Agreement shall be for a period of twelve (12) months commencing on the Delivery Date and ending on June 30, Renewal Terms. District may automatically renew this Agreement for one (1) additional one (1) year term, excepting however, that the Disposal Rate as set out in 5.1 shall be subject to change. District shall provide written notice of its intent to extend the term at least ninety days (90) prior to the expiration of the term. As soon as practicable after the last day of June of each year, Butte-Silver Bow will determine the amount of the rate increases. The rate adjustment increase will be effective retroactive to July 1st. 4

5 ARTICLE 3 Scope of Service 3.1 Construction. Butte-Silver Bow has completed construction of the Disposal Site and performed all work necessary to make the Disposal Site operational and ready to receive Waste Material. 3.2 Operation. On and after the Delivery Date, Butte-Silver Bow will accept at the Disposal Site all Waste Material not reclaimed or recycled that has been placed in Transport Trucks within District. 3.3 Group III Waste. All Group III Waste (demolition / construction waste) may be disposed at the disposal site with individual charges to be immediately assessed to and collected from Elk Park area resident permit holders disposing of such waste. 3.4 Condition Precedent. Butte-Silver Bow's obligations under this Agreement are expressly subject to the continuing effectiveness of all final, non-appealable licenses and permits that Butte-Silver Bow deems necessary to operate the Disposal Site. However, if a private hauler brings Class III Waste to the Disposal Site, the waste will be impounded at the Disposal Site, weighed (or measured for volume) and the private hauler will be charged the cost of disposal. 3.5 Service Hours - Holidays. The Disposal Site is initially scheduled to operate Monday through Sunday 8:00 a.m. 5:30 p.m. After hours convenience dumping is also scheduled Monday through Sunday 4 p.m. -7:00 p.m., in the discretion of Butte-Silver Bow, be closed on the following Holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving, Christmas Day, and State General Election Day. Butte-Silver Bow will provide a list setting forth all of the holidays to be observed during the ensuing year prior to December 31st of each year. 3.6 Scale. Butte-Silver Bow will have a scale available at the Disposal Site to weigh Waste Material. Butte-Silver Bow will cause normal maintenance and calibration of the scales to be performed in accordance with manufacturer's recommendation. District has the right to enter the Disposal Site to inspect and to test the accuracy of scales on a quarterly basis, during normal working hours. Weigh-Out will be waived if Butte-Silver Bow has a tare weight on file for a vehicle. 3.7 Compliance with Applicable Laws. Butte-Silver Bow will comply with all present and future federal, state and local statutes and ordinances regulating the construction and operation of sanitary landfills for the disposal of Waste Material, and with all other rules and regulations and amendments thereto imposed by all federal and state regulatory 5

6 agencies having jurisdiction over the disposal of Waste Material. 3.8 Nondiscrimination. Butte-Silver Bow will not discriminate or knowingly permit discrimination against any person on account of sex, race, age, creed, color, national origin, political or religious opinion or affiliation. 3.9 Right to Refuse Unacceptable Waste. Butte-Silver Bow shall not be required to accept any waste that Butte-Silver Bow, in its sole discretion, considers to be an Unacceptable Waste. However, if a private hauler brings Class III Waste to the Disposal Site, the waste will be impounded at the Disposal Site, weighed (or measured for volume) and the private hauler will be charged the cost of disposal Revocation of Acceptance. Butte-Silver Bow may, at any time before the condition of the waste has been materially changed, revokes its acceptance of any of the waste discovered to be Unacceptable Waste. Revocation must occur within a reasonable time after Butte-Silver Bow actually discovers or should have discovered the nonconformity. In revoking its acceptance of any waste, Butte-Silver Bow shall notify District of the manner in which the waste is nonconforming Title to Waste. Butte-Silver Bow is vested with title to all Waste Material accepted by Butte-Silver Bow at the Disposal Site. Any revenue or other value received by Butte- Silver Bow as a result of reclamation, recycling or resource recovery shall be credited solely to the account of Butte-Silver Bow Private Hauler. Butte-Silver Bow agrees that it will not prohibit any Elk Park resident operating a vehicle bearing Jefferson County license plates and possessing a valid disposal permit issued by the District from using the Disposal Site unless the following circumstances are found to be evident: (a) (b) (c) (d) if the waste hauler is using an unsafe vehicle for hauling waste to the Disposal Site; or If the waste hauler is hauling "Hazardous Waste" as defined herein to the Disposal Site; or If the waste hauler is hauling "Unacceptable Waste", as defined herein; or If the waste hauler is hauling an unsecured/untarped load. 6

7 ARTICLE 4 Special Waste Management 4.1 Requirement for Special Waste Management. Butte-Silver Bow and the District recognize that the proper management of Special Waste can be most effectively and efficiently achieved only by the accurate characterization and control of any Special Waste by Elk Park residential permit holders or any collector of their wastes. Therefore, the District will inform all Elk Park residential permit holders, and any collector of their wastes, of Butte-Silver Bow s Special Waste program as described in this agreement and of the fact that additional disposal charges for the special wastes will be collected separately by Butte-Silver bow at the time of disposal. 4.2 Butte-Silver Bow's Obligations and Conditions Regarding Special Waste. Butte- Silver Bow is not required to accept or manage and shall not accept or manage any Special Waste at the Disposal Site unless it is specially identified in a written Special Waste Agreement, approved in writing by Butte-Silver Bow and any other person or company that handles the Special Waste. 4.3 Duty of District. District will require all Elk Park residential permit holders and any collectors under its jurisdiction that they each may be required to execute a Special Waste Agreement prior to delivery of any Special Waste to the Disposal Site and will be required to pay Butte-Silver Bow an additional charge for its disposal. 4.4 Special Waste Agreement. The specific requirements of the Special Waste Agreement shall be as specified from time to time by Butte-Silver Bow and may be altered by Butte- Silver Bow at any time as necessary to insure the proper management of Special Waste. At a minimum the initial Special Waste Agreement shall include: (a) A representation of the character and regulatory status of the waste executed by the Waste Generator or the Collector; (b) A decision document executed by Butte-Silver Bow and any other party that will manage the waste. A decision document shall at a minimum include the identification of the generator and the source and characterization of the waste; (c) (d) A proposed management plan for the waste, including any special handling requirements The approval of Butte-Silver Bow and any other party that will manage the waste indicating acceptance for handling of the waste; and (e) The unit price associated with the management of the Special Waste. Unit prices 7

8 for Special Waste shall be as set forth in Exhibit "A". 4.5 Representative Sample of Special Waste. Butte-Silver Bow may, in its sole discretion, demand that a representative sample of any Special Waste proposed for delivery to the transfer facility be provided by the Waste Generator or the Collector to Butte-Silver Bow, and the cost for acquisition, delivery and analysis of a representative sample shall be borne by the Waste Generator or the Collector. If the Waste Generator or the Collector refuses to provide a representative sample, Butte-Silver Bow shall have no obligation to accept the Special Waste or to execute a Special Waste Agreement. 5.1 Disposal Rate. ARTICLE 5 Compensation to Butte-Silver Bow (a) The rate to be charged for disposal at the Disposal Site shall be $52.00 per permit issued from July 1, 2015 through June 30, 2016 based on a certified printout providing the number of residential units served pursuant to this Agreement. District agrees to charge every residence using the Disposal site the unit charge, without exception. District agrees to provide to Butte-Silver Bow a Certified printout of the number and types of permits being issued. (b) The volume based disposal fee to be paid by District for use of the disposal site may only be imposed by the mutual agreement of both parties. 5.3 Rate Escalation. On July 1, 2016, the disposal rate set forth in 5.1 shall be subject to change for fiscal year Subject to section 2.3, Butte-Silver Bow may increase the disposal rate for Elk Park area residents of the District when, in the opinion of the Butte-Silver Bow Council of Commissioners, and after public hearing on the proposed rate increase, the revenue received from the District is not sufficient to pay for the District s portion of the operation and maintenance of the disposal Site. The Council of Commissioners shall fix a disposal rate which will give Butte-Silver Bow sufficient revenue to provide means with which to pay its operating costs at the Disposal Site. These operating costs include payment of principal and interest on indebtedness and all labor, material, salaries, damages, repair and replacement of equipment and a reserve for expansion of the Disposal Site when the current disposal cell is filled to capacity. 8

9 As soon as practicable after the last day of June of each year, but no later than 45 days subsequent to the last day of June and after public hearing during the annual budget review process, Butte-Silver Bow will determine the amount of the disposal rate increase. The rate adjustment increase will be effective retroactive to July 1 st of that same calendar year. The percentage of disposal rate increase for Jefferson County residents shall not exceed the percentage of disposal rate increase imposed by Butte-Silver Bow upon its own residents. 5.4 Additional Compensation. In addition to the adjustments in the rate specified in Paragraph 5.3, Butte-Silver Bow will be entitled to additional compensation based upon the following events: (a) (b) Changes in Government Regulations or Assessments Requiring Expenditures. District will also reimburse Butte-Silver Bow for any expenditures required solely by federal, state or local law, assessments, regulations, rule, ordinance, permit or permit condition that becomes effective after the Effective Date of this Agreement and that was not imposed because of the action or inaction of Butte-Silver Bow. Butte-Silver Bow may include any additional required operating expenditures to comply with such assessments as an adjustment to the Base Rate as adjusted. Cumulative Compensation. Every adjustment to Butte-Silver Bow compensation conferred herein will be cumulative and in addition to every other adjustment conferred herein. 5.5 Payment for Special Waste. Elk Park Residential Permit holders shall pay Butte-Silver Bow for disposal of Special Waste the disposal rate established by Butte-Silver Bow. The disposal rate will vary depending on quantity and quality of the waste as set forth in Exhibit "A". 5.6 Bill For Disposal Service Butte-Silver Bow will invoice the District annually for service. District will pay such invoice within thirty (30) days from receipt of the invoice, and payment from District is pas due after 45 days or more, and is subject to penalty for late payment. ARTICLE 6 Indemnity 6.1 Indemnification. Butte-Silver Bow will protect, indemnify and hold harmless District from and against any and all liability, or claims, arising out of the use of or occupancy of the Disposal Site, or any of the equipment or personal property required in the performance of this Agreement, except for occurrences caused by or arising out of the 9

10 negligence or willful misconduct of District, its officers, employees, or agents. 6.2 Insurance. Butte-Silver Bow shall provide and maintain Workers' Compensation Insurance which shall meet the requirements of the State of Montana. Butte-Silver Bow shall provide and maintain during the term of this Agreement, public liability insurance, to protect against claims arising out of Butte-Silver Bow's operations that may result in bodily injury, death or property damage suffered on or about the Disposal Site. The limits of liability of all insurance required herein shall be as set forth in Exhibit B, which is attached hereto and incorporated herein. ARTICLE 7 Default Except as otherwise provided herein, if either party breaches this Agreement or defaults in the performance of any of the covenants or conditions contained herein for thirty (30) days after the other party has given the party breaching or defaulting written notice of such breach or default, unless a longer period of time is required to cure such breach or default and the party breaching or defaulting has given notice of its intent to cure or shall have commenced to cure such breach or default within said period and pursues diligently to the completion thereof, the other party may: (i) terminate this Agreement as of any date which the said other party may select provided said date is at least thirty (30) days after the elapse of the thirty (30) days in which to cure or commence curing; and (ii) have recourse to any other right for all damage or loss suffered as a result of such breach or default. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. ARTICLE 8 Miscellaneous 8.1 Force Majeure. The performance of this Agreement by Butte-Silver Bow may be suspended and the obligation hereunder excused or extended in the event, and during the period, that such performance is prevented, hindered, or delayed by a cause or causes beyond the reasonable control of Butte-Silver Bow including, without limitation, default of another party; labor disputes, strike or lockout; acts of God; war; fire; explosion; national defense requirements; accidents; riot; flood; sabotage; lack of adequate fuel, power, materials, labor, or transportation facilities; power failures, breakage or failure of machinery or apparatus; damage or destruction of the Disposal 10

11 Site and its facilities; injunctions or restraining orders; and judicial or governmental laws, regulations, requirements, orders, actions, or inaction, including the revocation or suspension of or failure to obtain, for reasons beyond Butte-Silver Bow's reasonable control, any licenses or permits required for operation of the Disposal Site. In the event of disruption of services under any such circumstances, Butte-Silver Bow will make every reasonable effort to resume services as soon as practicable after the cessation of the cause of suspension of services, and it will take all reasonable steps to overcome the cause of cessation of service. 8.2 Enforcement. In the event that there is a dispute between the parties, and either party brings an action to interpret this Agreement, or to enforce any right which such party may have hereunder, or in the event an appeal is taken from any judgment or decree of a trial court, the party ultimately prevailing in such action will be entitled to receive from the other party its costs and reasonable attorney's fees. 8.3 Right to Require Performance. The failure of either party at any time to require performance by the other party of any provisions of this Agreement will in no way affect the right of that party thereafter to enforce the same. No waiver by either party of any breach of any of the provisions hereof will be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any other provision. 8.4 Law to Govern. This Agreement will be governed by the laws of the State of Montana, both as to interpretation and performance and jurisdiction and venue shall be in the District Court of the Second Judicial District of the State of Montana. 8.5 Severability. If any provision of this Agreement is declared illegal, void or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. 8.6 Headings. The headings used herein are for convenience only and are not to be construed as part of this agreement. 8.7 No Assignment. No assignment of this Agreement or any right accruing under this Agreement will be made wholly or in part by Butte-Silver Bow without the express written consent of District. In the event of any assignment, the assignee will assume the liability of Butte-Silver Bow, and such assumption of liability will relieve Butte-Silver Bow of all liability under this Agreement. 8.8 Successors and Assigns. Subject to the foregoing restrictions on transfer and assignment contained in Paragraph 8.7, this Agreement will inure to the benefit of and will be binding on the parties hereto and their respective successors and assigns. 8.9 Notices. All Notices or other communications to be given hereunder shall be in writing and shall be deemed given when mailed by registered or certified United States mail: 11

12 To Jefferson County: District Solid Waste Attention: Candice Bell, Administration Office P.O. Box H Boulder, MT To Butte-Silver Bow: City and County of Butte-Silver Bow Attention: Matt Vincent, Chief Executive Room 106, Courthouse Building 155 West Granite Street Butte, MT Any changes of name or address by either party shall be by notice given to the other party in the same manner as specified above Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto, and it will not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto Signature. If this Agreement should not be signed by District within twenty (20) days from the date of execution by Butte-Silver Bow, this Agreement will be automatically void and of no force or effect whatsoever. IN WITNESS WHEREOF the Jefferson County Solid Waste District has caused this Agreement to be executed in duplicate, and to be signed in its corporate name, its signature hereby made by Alan Grant, Manager, Solid Waste District, Jefferson County and attested, and its corporate seal hereto to be affixed by, its Clerk and Recorder, this day of, Candice Bell, Manager, Solid Waste District 12

13 CLERK AND RECORDER STATE OF MONTANA) County of Jefferson): ss On this day of, 2015 before me, a Notary Public for the State of Montana, personally appeared and, known to me to be the Solid Waste District Manager and Clerk of Commission, respectively, of District, a Municipal Corporation and political subdivision of the State of Montana, and acknowledged to me that they executed the written instrument on behalf of said Municipal Corporation. NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT DISTRICT, MONTANA MY COMMISSION EXPIRES: 13

14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives this day of, CITY-COUNTY Matt Vincent CHIEF EXECUTIVE ATTEST: SALLY J. HOLLIS CLERK AND RECORDER APPROVED AS TO FORM: EILEEN JOYCE BUTTE-SILVER BOW COUNTY ATTORNEY STATE OF MONTANA ) :SS, County of Silver Bow ) On this day of, 2015, before me,, a Notary Public for the State of Montana, personally appeared Matt Vincent and SALLY J HOLLIS, known to me to be the Chief Executive and Clerk and Recorder, respectively, of the City and County of Butte-Silver Bow, a municipal corporation and political subdivision of the State of Montana, and acknowledged to me that they executed the written instrument on behalf of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT MY COMMISSION EXPIRES 14

15 EXHIBIT "A" SCHEDULE OF CHARGES TYPE OF WASTE MATERIAL FEE 1. Special Burial (Minimum) $ Asbestos (3-yard minimum) Each Additional Yard Road Clean Up Fee (littering) Uncovered or unsecured load Large dead animals Petroleum contaminated soils 20.00/ton 7. Special Waste Materials - not To be determined included in Schedule of Changes on an individual case basis by the Department of Public Works 15

16 EXHIBIT "B" INSURANCE COVERAGE LIMITS Coverages Limits of Liability Workers Compensation Liability Insurance Statutory $ 750,000 each occurrence $1,500,000 aggregate 16

17 EXHIBIT C SOLID WASTE REGULATIONS FOR MANAGEMENT OF WASTE AT THE BUTTE-SILVER BOW LANDFILL DISPOSAL SITE NO NO NO NO NO HAZARDOUS WASTES LIQUID WASTES OVERLOADING CONTAINER OBJECTS LONGER THAN 10 FEET OR WIDER THAN 4 FEET BARRELS-UNLESS TOTALLY EMPTY WITH AT LEAST ONE END REMOVED BUTTE-SILVER BOW REPRESENTATIVE DATE JEFFERSON COUNTY SOLID WASTE DISRICT DATE 17

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