[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.]
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
WHEREAS, the Authority requires a guaranteed supply of residential and commercial waste in order to construct, maintain and operate the Facility; and
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
WHEREAS, the Municipality is desirous of causing the MSW generated within its jurisdiction to be disposed of at the Facility; and
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.
NOW, THEREFORE, it is agreed by the parties as follows:
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.
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.
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." 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.
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.