Solid Waste Disposal Agreement
SOLID WASTE DISPOSAL
INTERLOCAL AGREEMENT
This Solid Waste Disposal Interlocal Agreement is entered into pursuant to K.S.A. 12-
2908 this~ day of October, 2008, by and between THE CITY OF SALINA, KANSAS
(the "City") and Ellsworth County (the "Customer").
Recitals
A. The City owns and operates a solid waste disposal area known as the
Salina Municipal Solid Waste Landfill Facility ("Landfill") located at 4292 S.
Burma Road in 'Saline County, Kansas.
B. The City has been designated as the Solid Waste Management Planning
Authority for Saline County, Kansas by interlocal agreement with Saline
County dated January 24, 1994, in accordance with K.S.A. 65-3405(b).
C. Consistent with and in furtherance of the Kansas waste management
policy set forth in K.S.A. 65-3401, the City in Resolution No. 00-5606
adopted June 5, 2000, expressed its desire to establish certain general
policy guidelines to be used in consideration of acceptance, at the Salina
Landfill, of Municipal Solid Waste ("Waste' generated outside of Saline
County, but within the City's Primary and Secondary Trade Areas.
D. The City has offered to the Customer and the Customer desires to accept
the opportunity to dispose Waste generated in Ellsworth County (the
County) in the Landfill.
IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties
agree as follows:
1. Authorization. The City authorizes the Customer or other parties within
the County to dispose of Waste generated in the County to be deposited
at the landfill pursuant to the terms and conditions of this Agreement.
The County dOes not have a centralized transfer station and therefore
does not have. the means to collect and transport County Waste to the
City.
2. Tenn. This Agreement shall be effective commencing November 1, 2008
(the "Commencement Date"), and shall remain in effect for a term of five
(5) years and one day, ending November 1, 2013, unless otherwise
terminated as provided in this Agreement. For purposes of this
Agreement, November 1, 2009 and each November 1 st thereafter shall be
regarded as the "Anniversary Date."
3. Charges During Transition Period between Effective Date of Contract
Between the date of this agreement and October 31, 2008, due to a
transition between Interlocal Disposal Agreement Contracts, citizens or
private solid waste haulers will be charged the current Landfill base rate of
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$29.00 per ton. As of November 1, 2008, the base rate will adjust to
$30.00 per ton.
4. Charges based upon base rate. The charges for disposal of Waste
generated in the County shall be based upon the regular per ton rate
charged to Saline County residents for disposal of Waste at the Landfill,
as those charges may be amended from time to time by resolution of the
City's governing body (the "base rate"). Effective November 1. 2008. the
base rate will be $30.00 per ton. Private solid waste haulers delivering
solid waste from the County may contract with the City and possibly
qualify for a discount disposal rate.
7. Special Waste Charges. Special Waste charges to citizens or private
solid waste haulers from the County will be the same as the special waste
charges for Saline County residents. Examples of waste subject to special
waste charges would include: contaminated soil, concrete. asbestos.
KDHE approved chemicals and materials, and other items not listed that
would require addition disposal time and effort on the part of Landfill
personnel. The Customer will also be charged at the same rate as Saline
County residents for disposal of tires.
9. Salina Landfill Rules and Regulations. The Customer shall be
handled in the same manner and subject to the same ordinances,
rules and regulations as apply to Saline County Waste. Any party
transporting Customer Waste to the Landfill for disposal pursuant to this
Agreement shall be deemed to have submitted to the City's jurisdiction for
the purposes of enforcement of the City's ordinances. rules and
regulations relating to the disposal of solid waste in the Landfill. Any party
transmitting only Customer Waste to the Landfill shall be exempt from
the City's permit requirement for disposal of waste.
11. Removal of Stuck Vehicles. The City agrees to provide, upon
request and free of charge. a chain and tow for any vehicle that becomes
stuck or mired while disposing of Customer's Waste in the Landfill if the
owner of the vehicle has on file with the City a property damage release
on a form provided by the City. If a tow is requested. the Customer
agrees that the driver of the vehicle or his designee must attach the chain
to the vehicle.
12. Authorized Routes. Due to the potential number and weight of vehicles
transporting Waste to the Landfill and their impact on road maintenance
and safety, the City. in conjunction with Saline County, will designate
authorized routes within Saline County for those vehicles transporting
Customer Waste to the Landfill.
13. Default In the event either party fails to perform any of the promises and
covenants under this Agreement. the non-defaulting party shall give
written notice of the default to the other party specifying the nature of the
default. If such default remains uncured for ten (10) days after delivery of
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the notice specifying the nature of the default, this Agreement shall
terminate at the sole option of the non-defaulting party.
14. Non-assignable. This Agreement and any rights granted herein shall not
be assignable by either party. .
15. Administration. The following person or that person's designee shall be
responsible for all aspects of the administration and interpretation of this
Agreement on behalf of the respective party.
City: Jason A. Gage, City Manager
Customer: Janet Andrews, County Clerk
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF SALINA, KANSAS
By:
ATTEST:
Clerk
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