Solid Waste Disposal Agr 1997
l~7\1 ._( ".A' ,.-l Jer,')
'. to.../1 I.!:.'~ '7'
f ' I r" .
SOLID WASTE DISPOSAL
INTERLOCAL AGREEMENT
RECEIVED
MAR 1 7 1997
Thi~ S~id Waste DisposW Interlocal Agreement is entered ~to pursu~t to K.S.A. 12-
2908 this f7-dayof '-1r\ClIleiu , 1997, by and between the CIty of Salma, Kansas (the
"City") and Ottawa County, Kansas (the "County").
Recitals
A. The City owns and operates a solid waste disposal area known as the Salina
Landfill and legally described as:
Section Seven (7), Township Fifteen (15), Range Three (3)
West of the 6th P.M. Saline County, Kansas (the "Salina
SWDA")
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. 93-4605 adopted June 7, 1993,
expressed its desire to cooperate with counties in the North Central Kansas Regional
Planning Commission ("NCKRPC") area by providing a means for the disposal of waste
generated in those counties in the Salina SWDA.
D. Ottawa County desires to dispose of municipal solid waste ("MSW")
generated in Ottawa County in the Salina SWDA.
IN CONSIDERATION of the mutual promises and covenants set forth herein, the
parties agree as follows:
1. Autorization. The City authorizes the County to dispose of MSW generated in
the County by depositing such waste in the Salina SWDA pursuant to the terms and
conditions of the Agreement.
2. Term. This Agreement shall be effective commencing April 5, 1997 and shall
remain in effect for a term of three (3) years until April 5, 2000, unless otherwise
terminated as provided in this Agreement.
3. Charges. The charges for disposal of MSW generated in Ottawa 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"), plus a $2 per ton host county special charge.
E: Ispecific\97 swdisp. ag2
a. Beginning January 1, 1997. The parties acknowledge the City's
governing body has set a Base Rate of $28 per ton, effective JanuaIy 1, 1997.
Consequently, Ottawa County MSW will be received by the Salina SWDA for a
charge of $30 per ton ($28 Base Rate plus $2 special charge).
b. Future changes. While the Base Rate may change during the term of this
Agreement, the $2 per ton special charge shall remain the same throughout the
term of this Agreement. For example, if the City's governing body increases the
Base Rate by $1 per ton (to $29) effective JanuaIy 1, 1998, the rate for Ottawa
County MSW would be $31 per ton ($29 Base Rate plus $2 special charge).
4. Vehicle type. The charges outlined in paragraph 3 shall apply to all MSW
generated in the County for disposal in the Salina SWDA, regardless of whether the MSW
is delivered to the Salina SWDA by privately owned vehicle, commercial vehicle, or county
vehicle.
5. Billing arrangement. 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 Ottawa County delivered to the SWDA by haulers specified by the
County in the written request. It shall by the responsibility of any other haulers delivering
MSW generated in Ottawa 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.
6. Salina SWDA rules and regulations. Ottawa 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 Ottawa County MSW to the Salina SWDA 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 SWDA. Any party transmitting only
Ottawa County MSW to the Salina SWDA shall be exempt from the City's permit
requirement for disposal of waste origination outside Saline County.
7. Special Handling or Equipment. If the Ottawa County MSW requires special
handling, equipment, or facilities not currently used in the City's operation of the Salina
SWDA, the County shall be responsible for all costs associated with that special handling,
equipment or facilities. The County and City anticipate at this time that Ottawa County
MSW will be transported to the Salina SWDA in the following types of vehicles:
a.
b.
c.
d.
e.
-2-
E: Ispecificl97swdisp. ag2
...
8. 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 Ottawa
County MSW in the Salina SWDA 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 County
agrees that the driver of the vehicle or his designee must attach the chain to the vehicle.
9. Household Hazardous Waste. Residents of Ottawa 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
Ottawa County shall be' the responsibility of the County, unless specific arrangements ,are
made with the City to participate or to receive the collected HHW.
10. Authorized routes. Due to the potential number and weight of vehicles
transporting MSW from NCKRPC area counties to the Salina SWDA 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 Ottawa County MSW
to the SWDA.
11. Environmental Oversight Committee. The County shall be entitled to have a
representative on an Environmental Oversight Committee for the Salina SWDA.
12. 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.
13. Nonassignable. This Agreement and any rights granted herein shall not be
assignable by either party.
14. 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
- Kristin G. Heck, County Attorney
-3-
E: Ispecific\97swdisp,ag2
-
.
IN WTINESS WHEREOF, the parties have executed this Agreement on the date ftrst
above written.
CITY OF SALINA, KANSAS
By:
~~ A'^Y~
Eve Maxwell, Mayor
ATTEST:
~~~.~
Ju y . Lo , City Cler
OTTAWA COUNTY, KANSAS
BOARD OF COMMISSIONERS
/ _ D
J~~ . . ikil
Kathy M. ~
&; r (ii'
. 1/:/ (?A-" , I r, L'-o;Z&(< ~
'-L n-Dean Crosson
ATTEST:
Mary Ar bri t, Co ty Clerk
-4-
E: Ispecific\97swdisp. ag2