Solid Waste Disposal Agree 2003
SOLID WASTE DISPOSAL
INTERLOCAL AGREEMENT
This Solid Was~sallnteriOCal Agreement is entered into pursuant to K.S.A. 12-2908
this8K- day of bY , 2003, by and between THE CITY OF SALINA, KANSAS (the
"City") and ELLSWORTH COUNTY, KANSAS (the "County").
Recitals
A.
The City owns and operates a solid waste disposal area known as the Salina
Municipal Solid Waste Landfill Facility ("MSWLF") and legally described as:
Section Seven (7), Township Fifteen (15) South, Range Three (3) West of
the 6th P.M. 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 MSWLF, of municipal
solid waste ("MSW") generated outside of Saline County, but within the City's
Primary and Secondary Trade Areas.
D.
Ellsworth County desires to dispose MSW generated in Ellsworth County in
the Salina MSWLF.
IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties
agree as follows:
4.
5.
1.
Authorization. The City authorizes the County to dispose of MSW
generated in the County by depositing such waste in the Salina MSWLF
pursuant to the terms and conditions of this Agreement.
Term, This Agreement shall be e;;:ivepmmencing~.
2003, and shall remain in effect until ~¿;iæ_¿{/' f", 2008, unless otherwise
terminated as provided in this Agree ent.
2.
3.
Charges. The charges for disposal of MSW generated in Ellsworth County
shall be based upon the regular rates charged to Saline County residents,
as those charges may be amended from time to time by resolution of the
City's governing body (the "Base Rate").
Billing agreement. At the written request of the County, the City shall
provide the County with a monthly billing statement for charges incurred as
a result of the disposal of MSW generated in Ellsworth County delivered to
the Salina MSWLF by haulers specified by the County in the written request.
It shall be the responsibility of any other haulers delivering MSW generated
in Ellsworth County to arrange for payment of the applicable charges with the
City. In either case the charges shall be payable according to terms
established by the City's Department of Finance.
Salina MSWLF rules and regulations. Ellsworth County MSW shall be
handled in the same manner and subject to the same ordinances, rules and
regulations as apply to Saline County MSW. Any party transporting Ellsworth
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County MSW to the Salina MSWLF for disposal pursuant to this Agreement
shall be deemed to have submitted to the City's jurisdiction for purposes of
enforcement of the City's ordinances, rules and regulations relating to the
disposal of solid waste in the Salina MSWLF. Any party transmitting only
Ellsworth County MSW to the Salina MSWLF shall be exempt from the City's
permit requirement for disposal of waste.
6.
Special Handling or Equipment. If the Ellsworth County MSW requires
special handling, equipment, or facilities not currently used in the City's
operation of the Salina MSWLF, the County shall be responsible for all costs
associated with that special handling, equipment or facilities..
7.
Household Hazardous Waste. Residents of Ellsworth County will be
permitted to deliver and dispose of Household Hazardous Waste ("HHW")
at the City's designated HHW drop-off site during its announced hours of
operation. Any special collection effort in Ellsworth County shall be the
responsibility of the County, unless specific arrangements are made with the
City to participate or to receive the collected HHW.
8.
Authorized Routes. Due to the potential number and weight of vehicles
transporting MSW to the Salina MSWLF 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
tránsporting Ellsworth County MSW to the Salina MSWLF.
9.
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 the notice
specifying the nature of the default, this Agreement shall terminate at the
sole option of the non-defaulting party.
10.
Nonassignable. This Agreement and any rights granted herein shall not be
assignable by either party.
11.
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
. County
- Dennis M. Kissinger, City Manager
- Joe Shepack, County Attorney
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF SALINA, KANSAS
By: m ) fiA
.LJA £- -
Ian E. Jilka, Ma r
ATTEST:
Lieu Ann Nicola, City Clerk
ELLSWORTH COUNTY, KANSAS
BOARD OF COMMISSIONERS
~~.;{~--~
Ker it Rush
~~
L el Heltschmldt
~s~ t¥~
ATTEST:
t ndrews, Ellsworth County Clerk
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