[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 2-11-1986 by Ord. No. 2-86 (Ch.
A116 of the 1988 Code). Amendments noted where applicable.]
A.
WHEREAS,
the York County Solid Waste and Refuse Authority (the "Authority")
is the agency designated to provide for the disposal of municipal
solid waste (MSW) and the Authority intends to construct and operate
(or cause to be operated) a Mass Burn Resource Recovery Facility (the
"Facility") capable of producing electricity or steam of economic
value, all as provided in the Updated York County Solid Waste Management
Plan (the "Plan") mandated by Act 97, the Solid Waste Management Act
of 1980; and
B.
WHEREAS,
the Authority requires a guaranteed supply of residential and commercial
waste in order to construct, maintain and operate the Facility; and
C.
WHEREAS,
the Authority has entered into an agreement (the "Service Agreement")
with York County to design, build, test and operate a Facility on
behalf of the Authority for the disposal of MSW for a period of 25
years; and
D.
WHEREAS,
the Municipality is desirous of causing the MSW generated within its
jurisdiction to be disposed of at the Facility; and
E.
WHEREAS,
this Agreement is made for the purposes of setting forth the rights
and obligations of the Authority and the Municipality is regard to
the disposal of MSW.
F.
NOW, THEREFORE,
it is agreed by the parties as follows:
(1)
The
municipality agrees to take whatever action is required to cause municipal
solid waste within its jurisdiction to be delivered to the facility
at such time as it is operating. This obligation shall continue for
the period of the service agreement.
(2)
The
parties recognize that the Authority, in order to finance the facility,
needs to accrue operating and debt service reserves. The municipality
therefore agrees to use its best efforts to take whatever action is
required to cause municipal solid waste generated within its jurisdiction
to be delivered to the Authority's landfill facility beginning January
1, 1986, upon adoption of required ordinances or at the termination
of the municipality's current collection contract, if any, whichever
is later.
[1]
Editor's Note: Resolution 2007-5, adopted
4-10-2007, extends the agreement with the York County Solid Waste
and Refuse Authority for waste management services, and is on file
in the Township offices.
The Authority agrees to accept all municipal
solid wastes from the municipality in its landfill facility from January
1, 1986, until the facility is operating and, thereafter, in the facility.
This obligation shall continue for the period of the service agreement.
At such time as the facility is operating, the Authority shall be
considered to have fulfilled its obligations if it enforces its rights
under the service agreement to require Westinghouse to accept and
dispose of municipal solid waste.
The Authority shall charge the person delivering
such municipal solid waste collected within the municipality a service
fee for disposal of such municipal solid waste at the facility, which
fee shall be computed in accordance with the disposal cost, as defined
in the service agreement, relevant portions of which are attached
hereto and marked "Exhibit A."[1] Prior to such time, the Authority shall set the rates
at the landfill giving due recognition to the cost thereof and the
Authority's needs to accrue operating and debt service reserves toward
the operation of the facility.
[1]
Editor's Note: Exhibit A is on file in the
Township offices.
The Authority shall enforce its service agreement
to the end that the facility will be operated and maintained in accordance
with sound principles of operation and maintenance and so that the
plan will be followed.
It is recognized that the Authority, under certain
circumstances, has the right to terminate its service agreement. The
Authority recognizes that the municipality, in requiring all of its
municipal solid waste to be delivered to the Authority, is relying
on the Authority for assurance that there will be a facility to receive
municipal solid waste generated in the municipality. Accordingly,
the Authority agrees that it will not exercise its right to terminate
its service agreement with Westinghouse unreasonably. If, under such
circumstances, the Authority terminates its service agreement or if
the municipality delivers acceptable municipal solid waste which is
not accepted at the facility, the Authority will be obligated to accept
municipal solid waste from the municipality and provide for available
space in a facility consistent with the plan.
The parties hereto agree that each may seek
specific performance for any failure of the other to abide by the
terms of this agreement.
The parties agree that the laws of the Commonwealth
of Pennsylvania govern the construction and interpretation of this
agreement.
