Laserfiche WebLink
of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of <br />Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted <br />under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman <br />Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement. <br />The County shall do and perform all acts and things which may be necessary or desirable in connection with its <br />covenants in this subsection, including without limitation all planning, development, administration, <br />implementation, construction, operation, maintenance, management, financing and contract work related thereto or <br />undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred <br />in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, <br />Applicable Law and 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 of <br />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 perform <br />its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm <br />such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts <br />to resume normal operation of the landfill primarily used by the City as soon as possible. In the event of a <br />temporary material increase in average daily deliveries of Controllable Waste from the City which the County <br />reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a <br />particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable <br />Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries; <br />provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste <br />which is not Controllable Waste. <br />(C) Compliance with Service Covenant Not Excused for any Reason. Commencing on the <br />Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall <br />apply 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 Law <br />precludes the County from complying with such covenants with the means or methods then being employed and <br />from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all <br />reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law <br />so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the <br />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 <br />delivery of: <br />(1) Hazardous Waste; <br />(2) Controllable Waste delivered at hours other than those provided in Section 3.5 <br />hereof; <br />(3) Waste that does not constitute Acceptable Waste; <br />(4) Waste that is delivered by any party which has not executed a Waste Disposal <br />Agreement; and <br />(5) Controllable Waste consisting primarily of construction and demolition debris or <br />inerts which may cause a particular facility's daily tonnage limit to be exceeded. <br />12 <br />Execution Copy <br />