[HISTORY: Adopted by the Broome County Legislature 10-17-1996.]
AGREEMENT
THIS AGREEMENT made this _______ day of _______________________, 1996 by and among COUNTY OF BROOME, a municipal corporation duly organized and existing under the laws of the State of New York and having its office at County Office Building, Government Plaza, P.O. Box 1766, Binghamton, New York 13902 (hereinafter referred to as "County"), TOWN OF NANTICOKE, a municipal corporation duly organized and existing under the laws of the State of New York and having its office at Nanticoke Town Hall, 755 Cherry Valley Hill Road, Maine, New York 13802 (hereinafter referred to as "Nanticoke"), TOWN OF BARKER, a municipal corporation duly organized and existing under the laws of the State of New York and having its office at Barker Town Hall, 151 Hyde Street, P.O. Box 66, Castle Creek, New York 13744-0066 (hereinafter referred to as "Barker"), and TOWN OF MAINE, a municipal corporation duly organized and existing under the laws of the State of New York and having its office at Maine Town Hall, 12 Lewis Street, P.O. Box 366, Maine, New York 13802 (hereinafter referred to as "Maine") (which three Towns collectively are hereinafter referred to as the "Host Communities").
WITNESSETH:
WHEREAS, since 1968, the County has operated a landfill located in Nanticoke and Barker to handle Broome County's solid waste disposal, and
WHEREAS, since 1992, the County has been exploring siting a new landfill which may also be located in Nanticoke and Barker, and
WHEREAS, the location of the Broome County Landfill within portions of Nanticoke and Barker and in close proximity to Maine has the potential for: (a) adversely affecting water supplies, wetlands, and endangered species, (b) creating traffic problems, dust, noise, vibrations, methane gas explosions, fires, health problems and safety problems in the vicinity of, and on the routes leading to and from, the Broome County Landfill, (c) causing the accumulation of garbage and rubbish in the vicinity of, and on the routes leading to and from, the Broome County Landfill, (d) creating aesthetic and visual problems in the vicinity of, and on the routes leading to and from, the Broome County Landfill, (e) causing adverse impacts on real property values in Nanticoke, Barker and Maine, (f) interfering with future development in Nanticoke, Barker and Maine, (g) creating controversy and public opposition to the continued operation of, or proposed expansion of, the Broome County Landfill, (h) creating other land use problems and concerns in Nanticoke, Barker and Maine, and (i) having other adverse impacts on, and negative consequences for, residents of Nanticoke, Barker and Maine as well as the quality of their lives and the real property and personal property located in Nanticoke, Barker and Maine, and
WHEREAS, in recognition of said concerns the County Legislature has authorized an agreement with the Towns of Barker, Nanticoke and Maine for host community benefits as part of the County's Landfill continued operations in the Towns of Barker and Nanticoke,
WITNESSETH that in consideration of the mutual representations, warranties, covenants, agreements and conditions contained herein, the parties hereby agree as follows:
ATTACHMENTS
Attachment 1 - Exhibit 1 - Nanticoke Landfill Memorandum of UnderstandingAttachment 2 - Exhibit 2 - Property Value Protection Program for Neighborhood of Broome County LandfillAttachment 3 - Exhibit 3 - Resolution Authorizing Allocation of Host Community Fee For Nanticoke LandfillAttachment 4 - Exhibit 4 - Resolution Authorizing Allocation of Host Community Fee For Nanticoke LandfillAttachment 5 - Exhibit 5 - Resolution Authorizing Allocation of Host Community Fee For Nanticoke Landfill
The terms of this paragraph shall have the meanings ascribed to them herein, for all purposes of this Agreement, unless the context clearly indicates some other meaning. Words in the singular shall include the plural and words in the plural shall include the singular where the context so requires.
A. 
Agreement. This Agreement and all amendments or supplements thereto.
B. 
Broome County Landfill (Landfill). The sanitary landfill presently owned and operated by Broome County which handles the County's solid waste disposals and which is now located in portions of Nanticoke and Barker and any new landfill cells to be located in Nanticoke and/or Barker as more particularly described on Exhibit 1 attached hereto.
C. 
County. The municipal corporation known as the County of Broome in the State of New York and, depending on the context, the geographic area thereof.
D. 
Facility. All elements of the proposed new Broome County Landfill, including site, buildings, offices, and maintenance areas.
E. 
Municipal Solid Waste (MSW). Any matter which is defined as municipal solid waste in New York Code, Rules and Regulations, Part 360 (hereinafter "6 NYCRR Part 360"), as the same may be amended from time to time hereafter (which definition presently means combined household, commercial and institutional waste) which shall for purposes of this agreement be deemed to include, among other things, garbage, construction and demolition debris, construction aggregate, leaf/yard waste, asbestos, waste tires, metal products, contaminated soil, contaminated dirt, pallets, sludge, hazardous waste, and any other waste products which are allowed to be disposed of at the Broome County Landfill pursuant to DEC permit, together with any other substance that is brought to the Landfill for use as a cover as required by the cover material management plan of the operating permit for the Landfill issued by New York State Department of Environmental Conservation in excess of that quantity which is required for daily cover. The quantity of cover material to be included in MSW for payments under this agreement during each calendar year shall be reduced by a calculation made based upon tonnage records for the prior year maintained by Broome County. At the conclusion of each calendar year the exact quantity of cover material required shall be calculated and the payment for the estimated tonnage shall be adjusted accordingly in the host community payment being made for the first quarter of the following year.
F. 
New York State Department of Environmental Conservation (DEC). The department or agency of the government of the State of New York created by Chapter 140 of the Laws of 1970, and having the jurisdiction, powers, and duties described in Article 3 of the Environmental Conservation Law of the State of New York, or any successor thereto.
G. 
Non-County Waste. Solid waste generated or originated outside Broome County.
H. 
Preferred Project Site or Site. The real property, including any necessary easements or rights-of-way, as may be identified in the Environmental Impact Statement as the preferred location for the construction of the proposed Project in the Towns of Nanticoke and Barker, County of Broome, and State of New York, and being more particularly described in Exhibit "2" annexed hereto.
I. 
Proposed Project or Project. The construction of a new landfill at the Preferred Project Site, including, without limitation, the lands, improvements, fixtures, personal property, and appurtenances used in connection with the Project at the site.
J. 
State Environmental Quality Review Act (SEQRA). Article 8 of the Environmental Conservation Law of the State of New York.
K. 
Town. The municipal corporations known as the Towns of Nanticoke, Barker, and Maine in the County of Broome and State of New York and, depending on the context, the geographic area thereof.
A. 
To provide for the input of the Host Communities and residents impacted by the Landfill and to also provide for a formal liaison between the affected residents and the County Executive and Legislature, and to comply with the requirements of the DEC Permit issued pursuant to 6 NYCRR Part 360 relating to the establishment of a "Citizens Advisory Committee" ("CAC") an advisory committee shall be created to consist of the members of the Nanticoke Landfill Citizen Advisory Committee ("NLCAC") as reflected in the "Nanticoke Landfill Memorandum of Understanding" dated December 2, 1985, a copy of which is annexed hereto as Exhibit 1, with the addition of the host Town and County representatives as members listed in subparagraph B herein.
B. 
The members of the CAC entitled to vote on any matter to be put to a vote shall be:
(1) 
The Chairperson of the EMC or his or her designee.
(2) 
The Chairperson of the NLCAC or his or her designee with preference being given to a resident of the Host Community residing in closest proximity to the Landfill in the manner set forth in subparagraph (3).
(3) 
Two residents of the Host Community residing in closest proximity to the Landfill to be selected by a vote of all residents within 1/2 mile of the Landfill boundary, which vote shall be conducted at least every two years under the auspices of the EMC.
(4) 
The Supervisor of the Town of Nanticoke or his designee.
(5) 
The Supervisor of the Town of Barker or his designee.
(6) 
The Supervisor of the Town of Maine or his designee.
(7) 
The member of the Broome County Legislature representing the legislative district in which the Landfill is situate or his designee (who preferably would be the Chair of the Environmental Committee of the Broome County Legislature).
The persons selected from residents within 1/2 mile of the Landfill shall serve for a term of three years. At the time of creation of the CAC such initial selection shall be for terms so fixed that one member's term shall expire at the end of the calendar year in which such members were initially selected. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each year thereafter. At the expiration of each original member's selection, the replacement member shall be selected for a term which shall be equal in years to the terms of the three said members of the CAC.
C. 
CAC purpose and powers.
(1) 
The purpose of the CAC is to provide a formal liaison between the affected community and the County Division of Solid Waste Management and to provide public input regarding the design, construction and operation of the Site.
(2) 
The CAC is designed to provide a vehicle for dissemination of information regarding the Landfill design, construction and operation; to provide for oversight of the Landfill; and to provide the affected community with a forum for making suggestions to the County. The County shall retain all power and responsibility for decisions at the Landfill but shall consult with, solicit and consider the views of the CAC.
(3) 
The CAC shall retain all tasks, responsibilities and rights as expressed in the above mentioned memorandum including reviewing all landfill permits and modifications thereof, and in addition thereto, shall have the following powers and rights:
(a) 
To elect its Chairperson and other officers.
(b) 
To review and copy, at all reasonable times, records or documents maintained by the County regarding the Landfill design, construction, and operation.
(c) 
To meet regularly in open meetings within the Host Communities at such times and place as it may determine provided that the Committee shall meet at least six times per year plus such special meetings as may be necessary to attend to CAC business.
(d) 
The CAC or its designated representatives shall have the right to:
(i) 
Enter the Landfill, related structures and surrounding property for the purposes of inspection with every effort made by the County to give access as soon as possible and that such access shall not be on less than four hours notice to the County. Such random and periodic inspections of the Landfill will take place to observe the operation and maintenance of the Landfill to determine compliance with all conditions and requirements imposed by all Federal and State regulatory agencies.
(ii) 
Have access to make copies of all environmental records pertaining to the operation of the Landfill which are required to be kept by all governmental and regulatory agencies.
(iii) 
To inspect any equipment, operation, or methods required in this Agreement, at reasonable times upon four hours prior notice to the County, provided that such inspections do not interfere with normal operations.
(e) 
The County shall make available to the CAC all plans and specifications, relating to Landfill design, construction and operation to the CAC for review and comment. The County shall consider all suggestions timely made by the CAC, and shall incorporate into the Site plans and specifications any suggestions which the County may in its sole discretion deem advisable.
(f) 
The County shall provide to the CAC copies of all periodic status reports submitted by the County to DEC regarding the activities at the Landfill and well test results of the Residential Testing Program outlined in Article 12.
(g) 
To retain experts or consultants at a cost to be charged against the Solid Waste Management section of the County Budget not to exceed $10,000 per year.
(h) 
To establish the Approved Appraiser List provided for under the Property Value Protection Program described in Exhibit 2 and to make recommendations to the County Executive in connection with appeals under said Program.
(i) 
To make recommendations regarding sampling locations and test parameters pursuant to the Residential Well Testing Program set forth in Article 12.
(j) 
To make such other recommendations relating to the design, operation and closure as may reasonably be related to health and safety of the citizens living near the Landfill.
(k) 
To review the log maintained by the County of "hot line" communications received by the County pursuant to the provisions of paragraph G of Article 4.
(l) 
The review of the visual assessment plans to be prepared by the County pursuant to paragraphs B and C of Article 6.
(m) 
The review of any SEQRA EAF or EIS prepared by the County regarding any proposed new solid waste projects pursuant to the provisions of paragraphs D and F of Article 7.
D. 
The Host Communities agree to provide at their own cost and expense in an amount from time to time approved by their respective Town Boards to the CAC such part-time staff personnel as necessary to coordinate the call of CAC meetings to conduct any necessary research and such other duties as may be assigned by the CAC.
E. 
The County Division of Solid Waste Management agrees to participate and cooperate with the CAC in all of its functions and operations and will supply to the CAC, in a timely fashion, all such information and documentation which is reasonably necessary to the operation of the CAC. The County Division of Solid Waste Management will make its personnel available to the CAC on a reasonable basis, so that a full exchange of information and recommendations may take place.
A. 
The County shall pay to the Host Communities the following amounts per ton of municipal solid waste (MSW) (as defined in paragraph E of Article 1 hereof) tipped at the Landfill:
During 1996:
$1.00
During 1997:
$2.50
During 1998:
$2.75
During 1999 and each year thereafter:
$3.00
B. 
Commencing in the year 2000 and continuing thereafter during the term of this Agreement the payments set forth in paragraph A hereof shall be increased based upon the Regional North East Consumer Price Index for the prior twelve months, July 1 through June 30, which CPI increase shall be rounded to the nearest cent. By way of example:
Assuming July 1, 1998 CPI =
150 and
assuming July 1, 1999 CPI =
155
Formula:
155
150
= 0.033%
Year 1999 Tip Fee = $3/ton
Year 2000 Tip Fee = $3 plus 0.033 x 3 = $3.10
C. 
Such payments shall be based on quarterly tonnage computations for the preceding three months and shall be paid on or about April 30, 1996, July 31, 1996, October 31, 1996, and January 31, 1997 for the preceding quarter accompanied by the calculation of the County regarding the quantities of MSW tipped during said quarter by category. Nanticoke, Barker and Maine shall not be required to submit to the County any claim forms or vouchers in connection with such payments. If any such payment is not received by the Host Communities within 15 calendar days of the due date, the County shall additionally pay the Host Communities 1% of such required payment per month until paid. The County shall pay all reasonable attorneys fees, incurred by a Host Community to collect payment upon a default by the County.
D. 
The County shall assume full responsibility for weighing the quantities of MSW which are tipped or otherwise disposed of or deposited at the Broome County Landfill, and shall keep complete and accurate records of the tonnage thereof. Such records shall be available for inspection and copying (without charge), by Nanticoke, Barker and Maine during business hours upon reasonable prior notice to the County. This clause shall survive the termination date of this Agreement.
E. 
The Town Boards of Nanticoke, Barker and Maine have prior hereto adopted appropriate resolutions, copies of which are appended hereto as Exhibits "3," "4" and "5" affirming the allocation of the tipping fee to be paid by Broome County to said Towns as the Host Communities of the Landfill as follows:
Nanticoke:
40%
Barker:
40%
Maine:
20%
All tip fee payments made by the County to the Host Communities shall be made in accordance with the above allocation.
F. 
The above payments shall continue to be made to the Host Communities even if the County hereafter creates an Agency or Authority to operate the Landfill or privitizes the Landfill or otherwise disposes of or leases the Landfill so long as the Landfill shall be operated in the Host Communities, in which event, the entity operating the Landfill shall make the required payments to the Host Communities The County shall nevertheless remain jointly and severally liable hereunder such that if any required payment is not made, the Host Communities may collect payment from the entity operating the Landfill and/or the County.
It is acknowledged by the parties hereto that as of the date of execution of this Agreement, the County owns Dunham Hill Road in the Host Communities. It is further acknowledged that as of the date of execution of this Agreement, the Towns of Nanticoke and Maine own Knapp Road in the Host Communities.
The parties also acknowledge that vehicles traveling to or from the Landfill may disrupt existing patterns of traffic flow in the Host Communities, particularly near the entrance to the Landfill. In consideration of the foregoing:
A. 
The County will develop and implement a maintenance plan to be approved by the CAC and continue during the term of this Agreement to maintain, repair, and remove snow and ice 
as necessary from Knapp Road in the Towns of Nanticoke and Maine as provided in a 
letter agreement between the County and said Towns, a copy of which is annexed hereto as Exhibit 6.
B. 
In 1996, the County shall undertake a study to redesign the entrance to the Landfill to address the potential traffic hazards of the sharp curve on Knapp Road and to allow for adequate off-road truck queuing. The proposed redesign may include a traffic signal (if warranted) and/or a new queuing area within the property and the installation and/or construction of the same shall be completed by the County at its expense by the second quarter of 1997.
C. 
Since the future road and traffic needs in the vicinity of the Landfill and the proposed project cannot be assessed with any reasonable degree of accuracy at the present time, the parties hereto desire to study these issues further at later dates. Accordingly, the County will pursue study of this issue through the Binghamton Metropolitan Transportation Study (BMTS) for at least every five years. The County shall consider all such studies and may implement any recommendations as it shall, in its sole discretion, deem advisable. The County will execute any agreements that may be necessary to assure that this provision of this Article is implemented.
D. 
The County will arrange for roads in the vicinity of the Landfill to be patrolled by its personnel to assure that the said roads will be kept as clean and litter-free as possible and that vehicles travelling to and from the Landfill shall be covered and obey all traffic laws and shall assign appropriate County personnel and equipment to perform its obligations under this paragraph.
E. 
The County shall cause all MSW received at the Landfill to be weighed. All such weight information shall be made available to the Host Communities and to appropriate law enforcement agencies, and the County shall cooperate with such officials to effectively enforce existing weight regulations. Said weight scales shall conform to and be acceptable to appropriate law enforcement agencies.
F. 
On site roads will, in accordance with the construction and operating permits granted for the Landfill, be maintained for all weather operation, with minimized dust and mud conditions. Such roads shall be free of metal, glass or other materials hazardous to persons and motor vehicles entering the Landfill. Measures will also be taken to prevent transport of such materials as mud or dust to nearby public roads.
G. 
The County shall arrange for establishment of a "hot line" to receive observations and complaints by residents of the Host Communities regarding need for road maintenance pursuant to paragraph F and enforcement pursuant to paragraph C and any other matters regarding roads and traffic in the vicinity of the Landfill, and will provide the log of any such communications periodically to the CAC for their review pursuant to the provisions of subparagraph 3(k) of paragraph C of Article 2.
A. 
In recognition of the fact that additional fire fighting apparatus and equipment will be required by the volunteer fire companies servicing the Landfill and in order to accommodate the continued fire-fighting responsibilities relating to the Landfill, in addition to the County's payment to the Host Communities as set forth in Article 2 hereof, commencing in 1997 and continuing thereafter during the term of this Agreement, the County will contribute $45,000 per year to the Host Communities to be applied by the Host Communities to contractual payments to fire districts and/or volunteer fire companies for ambulance service and fire protection at the Landfill. Said $45,000 payment shall be allocated among, and paid prior to February 1 annually to, the Host Communities pursuant to their agreement as follows:
Town of Nanticoke
33 1/3%
Town of Barker
33 1/3%
Town of Maine
33 1/3%
B. 
Commencing in the year 2000 and continuing thereafter during the term of this Agreement, the payments set forth in paragraph A hereof shall be increased in the same manner as set forth in paragraph B of Article 2 hereof.
C. 
The County shall furnish the volunteer fire companies serving the Host Communities with a right of entry to the Landfill upon reasonable notice to the County to conduct fire prevention inspections and training exercises and a key to any locked gates affording immediate access to the Landfill in the event of an emergency.
D. 
The above payments shall continue to be made to the Host Communities even if the County hereafter creates an Agency or Authority to operate the Landfill or privitizes the Landfill or otherwise disposes of or leases the Landfill so long as the Landfill shall be operated in the Host Communities, in which event, the entity operating the Landfill shall make the required payments to the Host Communities The County shall nevertheless remain jointly and severally liable hereunder such that if any required payment is not made, the Host Communities may collect payment from the entity operating the Landfill and/or the County.
A. 
The Facility shall operate only between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday and between the hours of 7:00 a.m. and 12:00 p.m. on Saturday, exclusive of holidays and Sundays.
Modifications to this schedule may be made in the future. In the event that such modifications appear necessary, the County will consult with the CAC prior to making such modifications and will, in good faith, consider the CAC's concerns in devising a revised schedule.
B. 
The County shall cause to be prepared a visual assessment of the aesthetic impact of the existing Landfill on nearby residences and shall thereafter develop a landscape management plan to eliminate or significantly reduce any such adverse impacts. The County shall solicit the recommendations of the CAC regarding such plan.
C. 
Incident to the future development of any additional facilities at the Landfill including among other things the proposed composting facility or the expansion of the existing Landfill, the County shall cause to be prepared a visual assessment of the aesthetic impact of such additional or new facilities. The County shall solicit the recommendations of the CAC regarding such plan.
A. 
History. The County has been involved during the past four years in complying with the DEC permit condition that "the County is to continue to pursue the establishment of another landfill so that the existing cells can be closed to putrecible (sic) waste as soon as possible." In March of 1996 a Landfill Siting Committee appointed for that purpose recommended siting the Proposed Project in two of the Host Communities. The County is about to commence the SEQRA process required for the Proposed Project. Additionally, the County is considering other related solid waste projects including, among others, a composting facility and a methane gas project.
B. 
SEQRA review; permit. The County shall be responsible for completing at its expense, any reviews, if necessary, required by the State Environmental Quality Review Act (SEQRA), SEQRA's implementing regulations, or by other state or federal statutes, rules, or regulations relating to said projects.
The County acknowledges that the Host Communities are each an "involved agency" with regard to said review. The Host Communities acknowledge that they will not challenge the County's designation as "lead agency" for said review.
The County shall also undertake to secure all permits and conduct all other reviews as are necessary to commence construction and operation of said projects, and related improvements.
Copies of all permits, permit applications, and related documents shall be provided to the Host Communities and the CAC at the time they are generated.
C. 
Inspection services. In order to permit the Host Communities to monitor construction of the Proposed Project in addition to any consultant utilized by the CAC for a similar purpose, the Host Communities may appoint a representative who will act as an inspector during the course of construction of the improvements. The Host communities shall notify the County of the identity and credentials of said inspector. The inspector appointed by the Host Communities shall be permitted access to all Proposed Project construction sites and he shall be promptly provided copies of all plans and specifications, shop drawings, and communications, relating to the improvements for the Proposed Project.
The County and its agents shall fully cooperate with the inspector appointed by the Host Communities in the performance of his responsibilities. In order to assure compliance with this provision, the County shall execute any reasonably necessary agreements with the contractor.
Such inspector will report his findings relating to such construction to the Host Communities and such reports shall be made available to the County. Such inspector shall not be empowered to interrupt, interfere with, cause, delay, impede in any way, or stop the work of such construction. The Host Communities may make such recommendations to the County as it believes necessary based upon the results of such findings, for such action as the County may deem appropriate under the circumstances.
The County Commissioner of Solid Waste Management shall acknowledge, in writing, receipt of the Host Communities' and the CAC's recommendations and shall advise the Host Communities whether said recommendations will be accepted or rejected, in whole or in part, and provide the Host Communities a detailed explanation of the decision.
D. 
The County shall cause to be contained in the EIS incident to the construction of the Proposed Project a visual assessment of the aesthetic impact of the Proposed Project on nearby residences and shall develop a landscaping management plan to eliminate or significantly reduce any such adverse impacts.
E. 
The County shall cause to be contained in the EIS incident to the construction of the Proposed Project a study of the roads leading to the Landfill, including among others Kolb Road in the Town of Maine from its terminus at Flint Road to its terminus at Upper Stella Ireland Road and shall develop a management plan regarding the upkeep and maintenance of said roads.
F. 
The County shall cause to be contained in the construction documents provisions relating to the Proposed Project that such construction shall occur only between the hours of 7:00 a.m. to one-half hour after sunset, Monday through Friday with no blasting to occur after 5:00 p.m., and between the hours of 7:00 a.m. and 5:00 p.m. on Saturday, exclusive of holidays and Sundays.
G. 
Before siting any additional projects in the Host Communities, the County shall incident to SEQRA review of the same seek the recommendations of the CAC regarding any environmental considerations of that project.
H. 
The County shall not cause the Broome County Landfill to be expanded by the County, directly or indirectly, through an affiliate, an agency, an authority or other contractor in the future and during the term of this Agreement beyond the site of the present Landfill including the real property presently owned by the County for that purpose as described on Exhibit 7 attached hereto and the area of the Proposed Project described on Exhibit 8 without obtaining the written consent of the Host Communities. If the County fails to obtain such consent, the following provisions shall apply:
(1) 
If the County sites or establishes or causes some other party to site or establish such Supplemental Landfill of any kind in the Host Communities during the term of this Agreement, it shall pay to the Host Communities the "Annual Supplemental Host Community Fee" on the terms and conditions hereinbelow described in paragraph (2) of this Article.
(2) 
The "Annual Supplemental Host Community Fee" payable under this Article shall be a fee of $1,000,000, payable annually in advance, commencing on the date that construction of any such Supplemental Landfill begins and continuing until termination of this Agreement or the cessation of operations at such Supplemental Landfill, whichever occurs sooner. The payment provided for in this paragraph shall not be reduced, prorated, or refunded in the event that such Supplemental Landfill operates for only a fraction of any given year.
(3) 
Such payments shall be allocated among the Host Communities in the manner set forth in paragraph E of Article 3 of this Agreement.
(4) 
Each additional such Supplemental Landfill or addition to such Supplemental Landfill established in the Host Community shall subject the County to the payment of an additional "Annual Supplemental Host Community Fee."
(5) 
Under no circumstances shall the County site or establish said Supplemental Landfill unless the County Legislature appropriates funds or authorizes the borrowing of funds to pay the Annual Supplemental Host Community Fee during each fiscal year.
(6) 
Nothing herein shall be deemed to preclude the Host Communities from taking any action, including legal action, deemed appropriate by the Host Communities to prevent the siting and operation of any Supplemental Landfill of any type within or without the Host Communities.
The Broome County Landfill Siting Committee in a March, 1993 resolution, recommended to the County Legislature, " . . . that the Host Community Benefit agreement apportion its funding so that at least 35% is directed to impacted residents, business establishments, and land-owners adjacent to the landfill facility, or those who may otherwise bear a direct impact as a result of the construction or operation of the facility." However, any present attempt to implement that recommendation might conflict with Article 8 Section 1 of the New York State Constitution which prohibits the gift use of public funds to a private individual, corporation or association.
While sympathetic to the objective of said recommendation the County and Host Communities are constrained from implementing the suggested goal. However, in a spirit of cooperation the parties hereto agree that at such time as appropriate State Legislation is enacted amending Article 8 Section 1 or authorizing municipalities to provide such financial benefits to nearby residents of the Landfill, the parties shall, upon notice and mutual consent, meet to discuss such modifications to this Agreement as shall allow the Host Communities to dedicate to the benefit of nearby residents a reasonable portion of the financial benefits then being received by the Host Communities from the County.
The Host Communities acknowledge that the existing Landfill may have reduced property values in the vicinity because of factors beyond the control of the County, Towns or property owners. To mitigate any potential impacts on property values, the Host Communities agree that commencing with the preparation of the 1999 assessment rolls (March 1, 1998 taxable status date) they shall, consistent with applicable provisions of law, request that the then Town Assessors adequately reflect on said rolls the effect of the Landfill on such property values.
A. 
The County acknowledges that the existing Landfill may have reduced property values in the vicinity because of factors beyond the control of the County, Towns or property owners. To mitigate any potential impacts on property values, the County agrees by means of a Property Value Protection Program to provide compensation according to the terms and conditions hereinafter set forth. The purpose of all the provisions of this program is to compensate the owners of identified properties at the time of the sale of their property in the event of monetary loss as a result of the County's existing Landfill or any new landfill sited within the Host Communities.
B. 
The Property Value Protection Program description is attached hereto as Exhibit 2.
The present intent of the County and Host Communities is to not permit municipal solid waste (MSW) which is generated or originated outside Broome County to be disposed of at the Landfill. The computation of the payment to be received by the Host Communities pursuant to Article 3 hereof is based upon an assumption that all MSW being disposed of at the Landfill is to be generated within Broome County. Therefore, should the County in its sole discretion determine in the future for reasons of economy to accept solid waste generated or originated outside Broome County ("non-County MSW"), the Host Communities shall receive from the County in addition to the payment then being received under Article 3 the additional sum equal to 200% of the payment then being received under Article 3. Any such sums shall be allocated and paid to the Host Communities in accordance with the allocation schedule set forth in paragraph E of Article 3 hereof. The County shall assume full responsibility for weighing the quantities of non-County MSW for which payment is to be made hereunder and shall keep accurate records of the annual tonnage of non-County waste processed. Such records shall be available for inspection by the Host Communities during business hours upon reasonable prior notice to the County. The annual fee for such disposal of non-County MSW shall be payable within 30 days after completion of the calendar year for which payment is attributable. The above payments shall continue to be made to the Host Communities even if the County hereafter creates an Agency or Authority to operate the Landfill or privatizes the Landfill or otherwise disposes of or leases the Landfill so long as the Landfill shall be operated in the Host Communities, in which events, the entity operating the Landfill shall make the required payments to the Host Communities The County shall nevertheless remain jointly and severally liable hereunder such that if any required payment is not made, the Host Communities may collect payment from the entity operating the Landfill and/or the County.
A. 
The County will continue the residential well testing program presently being conducted of certain residences in the area adjacent to landfill operations. A list of said properties whose residences' water supplies will continue to be tested as provided herein is incorporated herein and attached hereto as Exhibit 9.
B. 
Test results including the testing standards applied will be made available to the EMC, CAC, and respective landowners in a timely fashion.
C. 
Water samples shall be tested in accordance with the conditions of the permit(s) for operation of the landfill issued by the New York State Department of Environmental Conservation.
D. 
The program shall be reviewed by County Health Department staff at least every three years or at such sooner time if contamination is detected in a landfill monitoring well to determine whether the sampling locations and parameters are still proper. The County shall make such modification to the program recommended by the County Health Department, EMC, and the CAC.
E. 
If well water contamination in any portion of the Host Communities is determined by either the County Health Department or the New York State Department of Environmental Conservation to be caused by Landfill operations, the County shall, at its expense, supply sufficient potable water to the affected properties until the contamination is remedied pursuant to the Nanticoke Sanitary Landfill Contingency Plan set forth on Exhibit 10.
If any party breaches this Agreement in any material respect, any other party may take such legal action as may be appropriate under the circumstances, including injunctive relief, declaratory judgment, or monetary damages for such breach. No such action or proceeding shall be commenced until the party allegedly in breach has been given written notice thereof and 30 days have elapsed since receipt of such notice and the party allegedly in breach has not proceeded diligently to cure such default.
A. 
Except to the extent caused by the negligence or willful misconduct of the Host Communities, or their officers, agents, employees, and subcontractors, the County agrees that it shall defend, indemnify and hold harmless the Host Communities, their officers, agents, employees and subcontractors from all liability, causes of action, actions, damages, suits, claims, demands, judgments, losses, costs, expenses and fees, including attorneys' fees brought against or imposed upon the Host Communities for:
(1) 
Injury or death to persons or for losses of or damage to property as a result of any act or omission occurring in connection with design, construction, operation and/or closure of the Landfill.
(2) 
Any litigation commenced against any one or more of the Host Communities by reason of entering into this Agreement.
B. 
Except to the extent caused by the negligence or willful misconduct of the County, its officers, agents, employees and subcontractors, the Host Communities agree that they shall defend, indemnify and hold harmless the County from all liability, causes of action, actions, damages, suits, claims, demands, judgments, losses, costs, expenses and fees, including attorney's fees, brought against or imposed upon the County for injury or death to persons or for losses of or damage to property as a result of any act or omission of the Host Communities or any of their officers, agents or employees occurring on the Facility Site.
So long as the County has not breached any term of this Agreement or any agreement entered into pursuant to this Agreement in order to carry out its purpose and intent:
A. 
Except for breach of this Agreement by the County, the Host Communities shall not make any claim nor institute any suit nor voluntarily become a party to a suit or proceeding against the County with respect to any subject addressed herein. In particular, the Host Communities shall not institute nor voluntarily become a party to any suit or proceeding regarding the County's environmental review of any proposed new landfill located within any of the Host Communities, nor shall the Host Communities voluntarily become a party to any proceeding before the DEC to challenge or oppose the issuance of permits for the Landfill. The Host Communities shall not cause any other party, either directly or indirectly, to bring any suit or proceeding as herein specified.
B. 
Nothing herein shall be construed as preventing the Host Communities from (1) opposing any effort by the County to receive municipal solid waste originating outside Broome County for disposal at the Landfill, or (2) from fully participating as an interested party in the SEQRA review relating to any proposed new landfill, or (3) from enforcing or seeking to enforce any statutes, codes, rules, regulations, local laws or ordinances.
Unless amended by the parties, this Agreement shall be for a term of 25 years commencing with the execution of this Agreement, or until all requirements of the DEC approved closure plan have been satisfactorily completed, whichever is later.
If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist.
Notices hereunder shall be given in writing and delivered to the parties by first class mail, postage prepaid, at the addresses set forth hereinabove. The parties may designate such other addresses as they may from time to time choose, provided that they advise all other parties in writing of such change.
The failure of any party to insist on the strict performance of any term or provision hereof shall not be deemed a waiver of the right to insist on strict performance of any other term or provision, nor shall it be deemed a waiver of any subsequent breach.
Neither this Agreement nor any rights or obligations under this Agreement may be assigned without first obtaining the written consent of all other parties, which consent shall not unreasonably be withheld.
This Agreement may not be amended or modified in any respect except by a writing signed by the party to be charged with such amendment or modification.
The law of the State of New York will govern all questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement.
This Agreement constitutes the entire agreement among the parties hereto regarding the subject matter hereof and supersedes all prior agreement (written or oral) which may have related in any way to the subject matter hereof.
The article and section headings in this Agreement are inserted for convenience of reference only and are not intended to limit or define the scope of any provision of this Agreement.
A. 
The County represents and warrants that the Broome County Executive has executed this Agreement pursuant to a Resolution adopted by the Broome County Legislature, at a meeting thereof held on October 17, 1996, and that Timothy M. Grippen, Broome County Executive, whose signature appears hereafter, is both duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the County.
B. 
Nanticoke represents and warrants that the Supervisor of Nanticoke has executed this Agreement pursuant to a Resolution adopted by the Town Board of Nanticoke, at a meeting thereof held on October 10, 1996. John D. Roat, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of Nanticoke.
C. 
Barker represents and warrants that the Supervisor of Barker has executed this Agreement pursuant to a Resolution adopted by the Town Board of Barker, at a meeting thereof held on October 14, 1996. Lois Dilworth, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of Barker.
D. 
Maine represents and warrants that the Supervisor of Maine has executed this Agreement pursuant to a Resolution adopted by the Town Board of Maine, at a meeting thereof held on October 8, 1996. Paul Olson, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of Maine.
This Agreement shall be executed in quadruplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Clerk of the Broome County Legislature and in the offices of the Town Clerks of Nanticoke, Barker and Maine.