HomeMy WebLinkAboutC2012-001 - 1/10/2012 - ApprovedINTERLOCAL COOPERATION
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CITY OF PORTLAND
City of Portland
2012 -001
Res029344
01/10/12 Agrnr Final 20111007
Page 1 of 10
INDEXED
TABLE OF CONTENTS
Article
Subject
Page Number
1
General Provisions ..................................................................... ..............................3
2
Acceptable Waste ....................................................................... ..............................5
3
Fees ............................................................................................ ..............................5
4
Information and Marketing .......................................................... ..............................6
5
Delivery Procedures ................................................................... ..............................6
6
Governmental Regulation ........................................................... ..............................6
7
Governing Law and Venue .......................................................... ..............................7
8
Miscellaneous Provisions ............................................................ ..............................7
ExhibitA
................................................................................................... .............................10
Portland Household Hazardous Waste Agmt Final 20111007 Page 2 of 10
INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT
This waste disposal agreement ( "Agreement") is made between the City of Corpus Christi
( "City ") and the City of Portland, Texas ( "Portland ") to address the acceptance, processing, and
disposal of acceptable household hazardous solid waste brought by Portland residents to the City's
J. C. Elliott Landfill's transfer station ( "Transfer Station "). This Agreement also requires Portland
residents to deliver such waste to the Transfer Station and pay for the disposal of waste accepted
by the City under the terms and conditions of this Agreement. This Agreement is made by the
parties pursuant to the provisions of the Texas Intergovernmental Cooperation Act, Government
Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities.
The parties agree to the following: .
ARTICLE 1. GENERAL PROVISIONS
1.1. Definitions. The following words and phrases have the following meanings when used in this
Agreement:
Acceptable waste means Household Hazardous Waste but does not include, for the
purposes of this Agreement, any other hazardous waste, medical waste, heavy brush,
bulky items, clean wood waste, construction /demolition materials, debris, garbage,
household appliances, household waste, litter, rubbish, refuse, trash, yard waste,
recyclable materials, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq.
CERCLA means the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.C. 9601, et seq.
Contract Administrator means, for the purposes of this Agreement, the Director of Solid
Waste Operations.
Effective Date means the date on which the last party to this Agreement executes this
document.
Hazardous waste means:
(a) Any waste, material, or substance, which by reason of its composition or
characteristic is regulated as a toxic or hazardous waste or hazardous sub - stance
under applicable laws, including without limitation:
(i) The Solid Waste Disposal Act, also known as the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et
seq., as replaced or amended from time to time, and the rules,
regulations, written policies, or written guidelines promulgated the Act
(including, without limitation, 40 C.F.R. Section 261.4, which generally
excepts household waste from the definition of Hazardous Waste).
(ii) The Toxic Substances Control Act, 15 U.S.C.. 260, et seq., as replaced
or amended from time to time, and the rules, regulations and written policies
and written guidelines promulgated the Act.
(iii) Any State law or regulation of governing the storage, transportation,
and disposal of solid waste, hazardous waste, toxic materials, or
Portland Household Hazardous Waste Agmt Final 20111007 Page 3 of 10
hazardous substances, including but not limited to the Texas Solid Waste
Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas
Administrative Code Chapter 330.
(b) Radioactive material, which is source, special, nuclear, or byproducts material
within the meaning of the Atomic Energy Act of 1954, as replaced or amended from
time to time, and the rules, regulations, and written policies or written guidelines
promulgated under the Act.
(c) Any other waste, material, or substance, which is characterized or de -fined to
be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the
Transfer Station or by any other federal or State regulatory agency having
jurisdiction over the Transfer Station under any written regulation, policy, guideline,
or order having the force of law.
(d) Notwithstanding the above, if the TCEQ or USEPA determine by written
regulation, policy, guideline, or having the force of law in relation to:
(i) A waste, material, or substance, which is not considered toxic or
hazardous as of the Effective date of this Agreement, is toxic or
hazardous, then the waste, material, or substance shall, from the effective
date of the determination by TCEQ or USEPA, constitutes a hazardous
waste for purposes of this Agreement.
(ii) A waste, material, or substance, which is considered toxic or
hazardous as of the Effective date of this Agreement, is not toxic or
hazardous, then such waste, material, or substance shall, from the
effective date of the determination by TCEQ or USEPA, no longer
constitutes a hazardous waste for the purposes of this Agreement.
(e) Notwithstanding the inclusion of the definition of this item, the parties to this
Agreement are specifically excluding the acceptance, handling, and disposal of
hazardous waste other than household hazardous waste ( "Household Hazardous
Waste ") from the provisions of this Agreement.
Household Hazardous Waste means hazardous waste accumulated by a residential
generator with labels stating "caution," "warning," "danger," or "poison" and consisting of,
but not limited to, paint; stains and varnishes; cleaning products; household chemicals;
used motor oil and filters; gardening products such as pesticides, insecticides, and
herbicides; fire extinguishers; and petroleum and refrigerant tanks.
Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited
construction /demolition materials commonly generated by a residential household.
Transfer Station means the on -site transfer station located at the City's J. C. Elliott Landfill's
transfer station in Nueces County, Texas, formally known as the J. C. Elliott Transfer
Station, TCEQ Registration No. 40228.
Portland means the municipality of Portland, Texas, located in San Patricio County, acting
by and through its elected officials and residents subject to its governance.
TCEQ means the Texas Commission on Environmental Quality.
Portland Household Hazardous waste Agmt Final 20111007 Page 4 of 10
Unacceptable waste means waste that the City is not allowed to accept under the rules
issued by the TCEQ or the Site Operating Plan, or that has been excluded from acceptance
under this Agreement. Additionally, for the specific purposes of this Agreement,
unacceptable waste also includes bulky items, clean wood waste, construction /demolition
materials, debris, garbage, heavy brush, household appliances, litter, medical waste,
recyclable materials, refuse, rubbish, trash, yard waste, medical waste, and other
hazardous waste (other than acceptable Household Hazardous Waste).
USEPA means the United States Environmental Protection Agency.
1.2. Term.
1.2.1. Unless sooner terminated under the terms of this Agreement, this Agreement takes
effect upon the authorized signature of the last party signing ( "effective date ") and
continues in effect for a term of one (1) year. Following the initial one -year period of this
Agreement, the parties may mutually agree to renew and continue this Agreement. Unless
notification is sent by a party desiring termination not later than 90 days before the
anniversary renewal date of this Agreement, such Agreement will automatically continue for
an additional renewal period. This Agreement may be renewed by the parties for an
additional nineteen (19) one -year periods following the initial term.
ARTICLE 2. ACCEPTABLE WASTE
2.1. Acceptable Waste.
2.1.1. Portland's residents shall deliver only acceptable Household Hazardous Waste.
2.1.2. Any acceptable Household Hazardous Waste co- mingled with other hazardous,
medical, or other type of waste will be considered unacceptable waste.
2.1.3. At any time, the City and Portland may mutually agree in writing that any materials
which are presently defined as unacceptable waste in Section 1.1. of this Agreement (and
similarly excluded from the definition of acceptable waste in Section 1.1) be reclassified as
acceptable waste.
2.2. Ownership of Solid Waste. By entering into this Agreement, Portland acknowledges and
understands that any Household Hazardous Waste delivered to the Transfer Station by a resident
of Portland remains the property of the resident generator, and legal title to the Household
Hazardous Waste shall never pass to the City.
ARTICLE 3. FEES
3.1. Fees. The fees to be paid by and charged to Portland's residents for the disposal of
Household Hazardous Waste are set out in Exhibit A of this Agreement, the provisions of which are
incorporated by reference into this Agreement as if fully set out herein in their entirety.
3.2. Changes in Fees. The fees stated in Exhibit A to be charged for disposal of Household
Hazardous Waste items may be increased or decreased at any time by the City to meet
operational or legal requirements. Additionally, on or about July 1 St of each calendar year, the City
shall review the fees being charged and determine whether an increase or decrease in the fees is
warranted. In the event of an increase or decrease, the City shall inform Portland not less than 10
days in advance, provide the effective date of the change, and shall file an updated Exhibit A with
the City's City Secretary's Office and with Portland's City Secretary's Office. By mutual consent of
Portland Household Hazardous Waste Agmt Final 20111007 Page 5 of 10
the parties, any properly filed update to Exhibit A of this Agreement shall constitute the new and
revised Exhibit A to this Agreement, the terms of which are incorporated by reference into this
Agreement, to be made effective for all intents and purposes, without further need to formally
amend this Agreement in any other manner.
3.3. Fees from Current Revenues. The parties acknowledge that any fees incurred by each
party for the performance of governmental functions or services pursuant to this Agreement shall
be paid from current revenues available to the paying party. Both parties also agree that the fees
set out in Exhibit A fairly compensate the City for the services to be performed under this
Agreement.
ARTICLE 4. INFORMATION AND MARKETING
4.1. Dissemination /Sharing of Information. It is the responsibility of Portland under this
Agreement to provide public information, press releases, presentations, and any marketing
information to its residents in whatever format desirable to Portland (either orally, in printed form, or
electronically) that clearly defines what waste is "acceptable waste" pursuant to this Agreement.
4.2. Advance Approval. In an effort to provide the most concise and comprehensive information
available regarding Hazardous Waste that is acceptable for disposal by TCEQ and the City, the
City reserves the right to approve in advance any public information, in whatever form, used by
Portland to promote the operation of the Transfer Station and the disposal services available under
this Agreement and offered by the City. Approval of materials by the City may be made by the
Contract Administrator.
ARTICLE 5. DELIVERY PROCEDURES
5.1. Delivery Schedule. During the term of this Agreement, Portland's residents may deliver
acceptable waste to the Transfer Station during the Transfer Station's normal posted hours of
operation.
5.2. Delivery Procedures.
5.2.1. The delivery of solid waste by Portland's residents to the Transfer Station shall be
regulated by the provisions of the Site Operating Plan approved by the TCEQ. The terms
and conditions in the Site Operating Plan are intended to reflect the actual procedures and
operations at the Transfer Station.
5.2.2. The delivery of Household Hazardous Waste by residents of Portland must be made
to the Transfer Station. Acceptance of such waste by the City is subject to the presentation
by Portland residents of a valid photo identification card, a city of Portland utility bill dated
within two months of the delivery date, and payment of the applicable fees, if any, shown in
Exhibit A.
ARTICLE 6. GOVERNMENTAL REGULATION
6.1. Jurisdiction. The City and Portland both acknowledge that the collection, transportation, and
disposal of solid waste is subject to regulation under both federal and State laws, rules, and
regulations and subject to the jurisdiction of various governmental agencies, including, without
limitation, USEPA, TCEQ, and the Texas Department of Public Safety.
Portland Household Hazardous Waste Agmt Final 20111007 Page 6 of 10
ARTICLE 7. GOVERNING LAW AND VENUE
7.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be
under and controlled by the laws of the State of Texas.
7.2. Venue. The sole and exclusive forum for the initial determination of any question of law or
fact to be determined in any judicial proceeding relating to this Agreement shall be any court of
competent jurisdiction in Nueces County, State of Texas, including the United States District Court
for the Southern District of Texas, Corpus Christi Division, unless a provision of law bars such
venue or specifies a different venue.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1. Contract Administrator. The Contract Administrator designated by the City in this
Agreement is responsible for approval of all phases of performance and operations under this
Agreement.
8.2. Notices. All written notices, reports, and other documents required or permitted under this
Agreement must be in writing and are deemed to have been given when delivered personally or
deposited in the mail, postage prepaid, registered or certified mail, return receipt requested, or with
a commercial overnight courier addressed to the party to whom notice is being given at the party's
address set forth below. Either party may change its address by sending written notice that
complies with this section.
Portland: City of Portland
1900 Billy G. Webb Road
Portland, TX 78374
(361) 777 -4500 Phone H (361) 777 -4501 Fax
City: City of Corpus Christi
Attn: Director, Solid Waste Operations
2525 Hygeia Street
Corpus Christi, Texas 78469 -9277
(361) 826 -1965 Phone 11 (361) 826 -1971 Fax
8.3. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and
budget approval providing for such contract item as an expenditure in that budget. The City does
not represent that the budget item will be actually adopted, that determination being within the sole
discretion of the City Council at the time of adoption of each annual budget. The parties also
recognize that Portland's continuation of this Agreement is subject to the identical provisions of this
section, based on Portland's fiscal year ending date.
8.4. Amendments and Modifications. With the exception of updated and properly filed Exhibit A
documents occurring from time to time which may modify the fees applicable to this Agreement,
this Agreement may not be amended or modified unless such amendment or modification is
contained in an executed, written document which has been duly authorized by the parties.
8.5. Severability. In the event that any of the provisions, portions, or applications of this
Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City
and Portland shall negotiate an equitable adjustment in the provisions of this Agreement with a
view toward effecting the purpose of this Agreement, and the validity and enforceability of the
remaining provisions, portions, or applications of this Agreement are not to be affected by the
Portland Household Hazardous Waste Agmt Final 20111007 Page 7 of 10
defect in the provision, portion, or application of the Agreement that was ruled unenforceable or
invalid.
8.6. Entire Agreement. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties pertaining to the acceptance, handling, and
disposal of Household Hazardous Waste. This Agreement and its attached and incorporated
exhibits constitute the entire agreement between the parties with respect of the subject matter of
this Agreement.
Attached and incorporated by reference for all purposes:
Exhibit A — disposal fees
(EXECUTION PAGE FOLLOWS)
Portland Household Hazardous Waste ggmt Final 20111007 Page 8 of 10
AGREED TO BY THE PARTIES:
ATTEST:
a
Armando Chapa
City Secretary
Date:
Approved as to form: , 2011
&" �, � /
Elizab Hundley
Assist nt City Attorney
for the City Attorney
ATTE
L: � � Y� —�� ar�
Annette Hall
City Secretary }
Date: 1 D I� JZ° 0
Approved as to form: - L"_.f * I [ 2011
Hal George
City Attorney
Portland Household Hazardous Waste Agmt Final 20111007
CITY OF CORPUS CHRISTI
Ronald L. Olson
City Manager
Date: / - / Z ` l -
29 3YLf
•n- AU I HUKi"
III MiNGIL ,._...�,� , f b ; (
SECRETARY
CITY OF PORTLAND
Mike Ta
City Manager
Date: I it
dw
Page 9 of 10
EXHIBIT A
Disposal Fees. $0.84 per pound*
plus
Administrative Fee: $10.00 per load /single delivery
Additionally, any mandated State and federal fees will also be assessed.
* The following items are subject to a separate fee per item, in addition to the Admin Fee:
Fire extinguishers — large $50.001ea.
Fire extinguishers— small $25.00 1ea.
Propane /petro 5- gallon tanks $50.00 /ea.
Refrigerant gas tanks $80.00 1ea.
Prices effective upon the date of final execution of the Agreement. Prices are subject to
adjustment in accordance with the terms of the Agreement.
Portland Household Hazardous Waste Agmt Final 20111007 Page 10 of 10