Laserfiche WebLink
accepted at the Disposal System The County, to the maximum extent permitted under Applicable Law, shall <br />use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the <br />receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement_ The County shall do <br />and perform all acts and things which may be necessary or desirable in connection with its covenants in this <br />subsection, including without limitation all planning development, administration, implementation, construction, <br />operation, maintenance, management, financing and contract work related thereto or undertaken in connection <br />therewith_ The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the <br />Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and <br />prudent solid waste management practice and environmental considerations. <br />(B) Particular Facilities. The Department and the City shall consult and cooperate in <br />determining whether and to what extent from time to time other landfills other than that primarily used by the City <br />shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone <br />of any situation, event or circumstance which results in the partial or complete inability of the County to receive <br />Controllable Waste at any particular landfill within the Disposal System, its effect on the County's ability to <br />perform its obligations hereunder, and die County's best estimate of the probable duration. The Department shall <br />confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its <br />best efforts to resume normal operation of the landfill primarily used by the City as soon as possible in <br />accordance with subsection 3.2(C) hereof. <br />(C) Compliance with Service Covenant not Excused for any Reason. Commencing July 1, <br />1997, the obligations of the County to duly observe and comply with the Service Covenant shall apply <br />continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or <br />other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or <br />methods then being employed by the County, the County shall implement alternative or substitute means and <br />methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in <br />Law precludes the County from complying with such covenants with the means or methods then being employed <br />and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use <br />all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of <br />such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible <br />following the Change in Law. <br />SECTION 3.3. COUNTY RIGHT TO REFUSE WASTE. <br />(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of <br />(1) Hazardous Waste, <br />(2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof, <br />(3) Waste that does not constitute Acceptable Waste, and <br />(4) Waste that is delivered by any party which has not executed a Waste Disposal <br />Agreement. <br />(B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty <br />or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and <br />may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. <br />If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in <br />any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any <br />vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City <br />shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may <br />Execution Copy 15 <br />