HomeMy WebLinkAboutResolutions - 1990.06.28 - 16832Miscellaneous Resolution # 90151 June 28, 1990
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
arry Crake, Chairperson
By: Planning and Building Committee, Larry Crake, Chairperson
IN RE: Department of Solid Waste Management - OAKLAND COUNTY'S SOLID
WASTE SYSTEM INTERGOVERNMENTAL AGREEMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County's Solid Waste system is being established on
behalf of the County's municipalities for the purpose of acquiring and
providing processing and disposal facilities and for the purpose of
providing services for the processing and disposal of certain solid wastes
and recyclables; and
WHEREAS the County intends to finance all or a part of the capital cost
of the facilities through the issuance of bonds pursuant to Act 186 or other
pertinent statutes; and
WHEREAS because the system must rely on revenues from the disposal of
solid waste and the sale of energy and recycled materials to be economically
feasible, an adequate supply of solid waste and recyclable materials must be
guaranteed to be input into the system; and
WHEREAS staff and the County's legal and financial counsels have
prepared a proposed Intergovernmental Agreement specifying the contractual
obligations between the County and its constituent municipalities and have
reviewed the proposed agreement on various occasions with the
representatives and legal counsels of the respective municipalities
(September 8, 1989, November 1, 1989, November 29, 1989, February 15, 1990
and May 23, 1990), incorporating changes appropriate to insure the basic
concepts of the system; and
WHEREAS, the Board of Commissioners previously approved the basic
system concept and the Intergovernmental Agreement through Miscellaneous
Resolution #89347.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves
the Intergovernmental Agreement in substantially the form attached hereto
(draft dated June 12, 1990) and authorizes the County Executive and the
Chairman of the Board of Commissioners to release this document for approval
by the County's municipalities; and
BE IT FURTHER RESOLVED that the County Executive and Chairman of the
Board of Commissioners are hereby authorized to sign the Intergovernmental
Agreement in substantially the form approved after approval by each
participating municipality.
DRAFT
6/12/90
INTERGOVERNMENTAL AGREEMENT
FOR SOLID WASTE PROCESSING AND DISPOSAL SERVICES
THIS AGREEMENT, made and entered into as of the
day of , 1990, by and between the
("Municipality") and the COUNTY OF OAKLAND ("County").
WITNESSET H:
WHEREAS, the County proposes to establish the
Oakland County Solid Waste Management System ("System")
pursuant to the provisions of Act No 186 of the Public Acts
of Michigan, 1989 ("Act 186") for the purpose of acquiring
and providing processing and disposal facilities and
services for the processing and disposal of certain solid
wastes and recyclable materials for the benefit of local
units of government within the County; and
WHEREAS, Section 25 of Act No. 641 of the Public
Acts of Michigan, 1978, as amended ("Act 641") requires all
counties to adopt a solid waste management plan; and
WHEREAS, the County will adopt the update of its
Solid Waste Management Plan pursuant to the provisions of
Act 641, which Plan update is expected to be approved by the
governing bodies of not less than 67% of municipalities
within the County and by the Director of the Michigan
Department of Natural Resources ("MDNR") both as required by
Act 641; and
WHEREAS, Section 25 of Act 641 requires solid waste
management plans to include an enforceable program and
process to assure that the nonhazardous solid waste
generated or to be generated for a 20-year period is
collected and recovered, processed, or disposed of at faci-
lities which comply with Act 641 and rules promulgated
pursuant to the provisions of Act 641; and
WHEREAS, Section 24 of Act 641 provides that a
municipality or a county shall assure that all solid waste
is removed from sites of generation frequently enough to
protect the public health and is delivered to licensed solid
waste disposal areas; and
WHEREAS, Section 30(1)(c) of Act 641 provides that
the rules of the MDNR shall require solid waste management
plans to evaluate and select technically and economically
feasible solid waste management options which may include
resource recovery systems; and
WHEREAS, the update of the County Solid Waste
Management Plan will recommend, among other things, the
construction and operation of a combination of resource
recovery facilities, recycling facilities, composting
facilities, sanitary landfills and possibly transfer
stations (collectively, the "System Facilities"), which
shall be owned by the County and operated by the County or
by private vendors pursuant to operating contracts with the
County or which shall be made available to the County by
contract or lease; and
WHEREAS, the County intends to finance all or a
part of the capital cost of the System Facilities through
the issuance of bonds pursuant to Act 186 or other pertinent
statutes; and
WHEREAS, the Municipality desires to use the System
to be constructed by or on behalf of the County; and
WHEREAS, because the System must rely on revenues
from the disposal of solid waste and the sale of energy and
recycled materials to be economically feasible, an adequate
supply of solid waste and recyclable materials must be
processed at the System Facilities; and
WHEREAS, the update of the County Solid Waste
Management Plan to be approved by the Director of the MDNR,
as provided by applicable statutes of the State of Michigan,
affirmatively endorses the assurance of an adequate supply
solid waste and recyclable materials to the System; and
WHEREAS, the County and the Municipality desire to
enter into this Agreement to prescribe their respective
rights and obligations with respect to the System and to
assure an adequate supply of solid waste and recyclable
materials to the System Facilities; and
-3-
WHEREAS, the County and the Municipality desire to
enter into this Agreement to protect the public health and
the general welfare of the people in the County and in the
Municipality as required and authorized by the Constitution
and the statutes of the State of Michigan, and especially
Article IV, Sections 51 and 52 of the Constitution and Acts
186 and 641.
NOW, THEREFORE, in consideration of the promises
and the covenants of each, the County and the Municipality
agree as follows:
1. Definitions. As used in this Agreement, the
words and phrases listed below shall have the following
meanings:
(a) "Act 186" means Act No. 186 of the Public
Acts of Michigan, 1989.
(b) "Act 641" means Act No. 641 of the Public
Acts of Michigan, 1978, as amended.
(c) "Act 641 Plan" means the Oakland County
Solid Waste Management Plan approved by the Oakland County
Board of Commissioners, by two-thirds of the cities,
villages and townships in the County and by the Director of
the Department of Natural Resources, pursuant to the
requirements and provisions of Act 641, and any updates
thereof and any amendments thereto adopted in accordance
with Act 641.
(d) "Commercial Operation Date" means, with
respect to a particular System Facility, the date when the
System Facility has been completed and tested and is, in the
sole opinion of the County, ready for 'commercial operation.
(e) "Construction/Demolition Debris" means
non-hazardous wastes generated from construction and
demolition activities, including but not limited to
concrete, asphalt, wood, metal and plaster.
(f) "County" means the County of Oakland,
Michigan, acting by and through its Board of Commissioners
or the Department of Solid Waste Management established
pursuant to the provisions of Act 186 as the designee of the
Board of Commissioners.
(g) "Disposal Fee" means the fee or fees
established by the County Board of Commissioners pursuant to
this Agreement for receiving, storing, processing and/or
disposing of Solid Waste and Recyclable Materials.
(h) "Executive Committee" means the Executive
Committee of the Solid Waste Board established pursuant to
paragraph 14 of this Agreement.
"Hazardous Waste" means any material or
substance which by reason of its composition or character-
istics is (a) hazardous waste as defined in the Solid Waste
Disposal Act, 42 USC ,26901 et seq., as amended, replaced or
superseded, and the regulations implementing same, or
(i)
(b) material the disposal of which is regulated by the Toxic
Substances Control Act, 15 USC §2601 et seq., as amended,
replaced or superseded, and the regulations implementing
same, or (c) special nuclear or by-products material within
the meaning of the Atomic Energy Act of 1954 or (d) hazard-
ous waste as defined in Act No. 64 of the Public Acts of
Michigan, 1979, as amended from time to time, and as identi-
fied in administrative rules promulgated from time to time
pursuant to the provisions of said Act by the Director of
the MDNR. If any governmental agency or unit having appro-
priate jurisdiction shall determine that substances are
hazardous or harmful to health when processed at any System
Facility, then any such substances or materials, upon at
least sixty (60) days prior written notice from the County
to the Municipality, shall be Hazardous Waste for purposes
of this Agreement.
(j) "Industrial Special Waste" means non-
hazardous wastes generated by industrial users, which due to
their size or composition, require special handling and/or
disposal procedures, including but not limited to foundry
sand, incinerator/boiler bottom ash, fly ash, sludges, scrap
pallets and other wastes from manufacturing processes which
require special handling and/or disposal procedures.
(k) "Municipality" means the
(1) "Person" means any individual, firm,
public or private corporation, partnership, trust, public or
private agency or any other entity, or any group of such
persons.
(m) "Premises" means any area used for
residential, commercial, or industrial purposes, separately
or in combination, to which a separate street address,
postal address or box, tax roll description, or other
similar identification has been assigned or is in use by a
Person having control of the area
(n) "Recyclable Materials" means commingled
and/or pre-sorted materials (including but not limited to
plastic, aluminum, news-
Clippings) that are sepa-
the collection of Solid
and left at the Site of
high grade paper, glass, metal,
paper, corrugated paper and Yard
rated from Solid Waste prior to
Waste from a Site of Generation
Generation or at a drop-off center for collection and that
are designated by the County in a written notice to the
Municipality as Recyclable Materials for purposes of this
Agreement.
(o) "Site of Generation" means any Premises
in or on which Solid Waste or Recyclable Materials is gene-
rated by any Person.
(p) "Solid Waste" means garbage, rubbish,
ashes, incinerator ash, incinerator residue, street
cleanings, solid commercial and solid industrial waste, and
animal waste provided, however, that unless otherwise
specified by the County in a written notice to the
Municipality this definition shall not include Hazardous
Waste, Recyclable Materials, Industrial Special Waste,
Construction/Demolition Debris, municipal sludges, human
body waste, liquid or other waste regulated by statute,
ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products,
slag or slag products directed to a slag processor or to a
reuser of slag or slag products, sludges and ashes managed
as recycled or nondetrimental materials appropriate for
agricultural or silvicultural use pursuant to a plan
approved by the Director of the MDNR, materials approved for
emergency disposal by the Director of the MDNR and fly ash
or other ash produced from the combustion of coal when used
as set forth in Section 7(1) of Act 641. Solid Waste shall
include any other materials that are defined as "solid
waste" in Act 641 and that are designated by the County from
time to time upon at least ninety (90) days' prior written
notice to the Municipality as Solid Waste for purposes of
this Agreement.
(q) "System" means the Oakland County Solid
Waste Management System, and every aspect thereof (includ-
ing, but not limited to, rights, processes, contracts,
equipment, sanitary landfills, transfer stations, recycling
facilities, composting facilities, and any WTE), that is
acquired, constructed, or operated, or is to be acquired,
constructed, or operated by or on behalf of, or available by
contract or lease with, the County in accordance with the
Act 641 Plan.
(r) "System Facility" or "System Facilities"
means any one or more of the following facilities owned by
the County or made available to the County by contract or
lease and utilized in connection with the System: (1) a
recycling facility, (2) a transfer facility, (3) a WTE, (4)
a sanitary landfill, (5) a composting facility, or (6) any
other facility utilized in the processing and/or disposing
of Solid Waste and Recyclable Materials.
(s) "System Operation Date" means March 1,
1992, or such later date established by the County upon at
least ninety (90) days' written notice to the Municipality,
which shall be the date on which the County will be
responsible for disposing of Solid Waste and processing
Recyclable Materials as provided in paragraph 6 of this
Agreement.
(t) "System Recycling Date" means
September 1, 1991, or such later date established by the
County upon at least ninety (90) days' written notice to the
Municipality, which shall be the date on which the County
shall be responsible for processing Recyclable Materials
(excluding Yard Clippings) as provided in paragraph 6 of
this Agreement.
(u) "Waste Hauler" means any Person, other
than the Municipality, engaged in the business of collecting
and transporting, delivering and disposing of Solid Waste
and Recyclable Materials generated within the Municipality.
(v) "WTE" means the mass--burn energy-generat-
ing incinerator or incinerators to be constructed by or on
behalf of, or available by contract or lease with, the
County and to be located within the County in accordance
with this Agreement and the Act 641 Plan, and shall include
any contract to sell steam or electricity generated by the
WTE.
(w) "Yard Clippings" means fallen leaves, cut
grass, lake weeds or other organic debris that can be
converted to humus.
2. Construction and Operation of System
Facilities. The County shall construct, operate and
maintain the System Facilities, or cause the System Facili-
ties to be constructed, operated and maintained, to accept
and dispose of all Solid Waste and to accept and process all
Recyclable Materials generated within the Municipality and
delivered to System Facilities pursuant to this Agreement.
3. Assistance with Permits and Approvals. The
County and the Municipality shall use their mutual good
faith efforts to execute, issue or obtain such agreements,
consents, approvals, licenses, permits, ordinances, resolu-
tions, authorizations and the like as may be necessary or
appropriate in connection with the design, financing, loca-
tion, construction, testing and operating of the System
Facilities or as may be necessary or appropriate to carry
out the purposes
implement the Act 641
to use all good faith
environmental laws at the time it makes its site selections
for System Facilities and in all cases of site selection to
use current competent site specific information before
locating a System Facility on such site. In the case of a
sanitary landfill or WTE that is a System Facility, the
County further covenants and agrees to share such site
specific information with affected municipalities in the
County located within three (3) miles of the proposed site
at least 60 days before locating a System Facility on any
such site. Without violating its obligation in the first
sentence of this paragraph 3, the Municipality shall be
entitled to commence an action against the County in a court
of competent jurisdiction to contest any decision made or
action taken by the County with respect to the location or
f Act 186 and this Agreement and to
Plan. The County covenants and agrees
efforts to comply with all applicable
operation of any of the System Facilities. The commencement
of such an action shall not relieve the Municipality of any
other obligations, duties and responsibilities under this
Agreement.
4. Testing of System Facilities. (a) For the
purposes of testing the operation of any recycling facility
that is a System Facility prior to the System Recycling
Date, the Municipality, upon sixty (60) days' written
notice from the County, shall collect and deliver to such
System Facility, or cause to be collected and delivered to
such System Facility, Recyclable Materials (excluding Yard
Clippings) in the amounts and for the period of time
specified in the notice; provided, however, the Municipality
shall not be obligated to deliver Recyclable Materials
(excluding Yard Clippings) to such System Facility for
testing where the Municipality has designated on attached
Exhibit A pursuant to paragraph 5(c) of this Agreement a
recycling facility that is not a System Facility.
(b) At any time on or after the System
Operation Date, for purposes of testing the operation of any
System Facility prior to the Commercial Operation Date
thereof, the Municipality, upon sixty (60) days' written
notice from the County, shall collect and deliver to the
System Facility, or cause to be collected and delivered to
the System Facility, Solid Waste or Recyclable Materials, as
Municipality has designated on attached
to paragraph 5(c) of this Agreement a
or composting facility that is not a
the case may be, generated within the Municipality in the
amounts and for the period of time specified in the notice
in lieu of delivering Solid Waste or Recyclable Materials,
as the case may be, to a previously designated System
Facility; provided, however, the Municipality shall not be
obligated to deliver Recyclable Materials (excluding Yard
Clippings) or Yard
testing where the
Exhibit A pursuant
recycling facility
System Facility.
Clippings, as the case may be, for such
While any System Facility is being tested
pursuant to this paragraph 4, the fee to be charged for the
delivery and disposal of such Solid Waste and Recyclable
Materials at the System Facility shall be equal to, in the
case of a recycling facility, no charge, and in the case of
a WTE, sanitary landfill or composting facility, an amount
or amounts to be determined by the County Board of
Commissioners following consultation with and/or a
recommendation from the Executive Committee. The delivery
and disposal of Solid Waste and Recyclable Materials at any
System Facility prior to the Commercial Operation Date
pursuant to this paragraph shall not relieve the Municipa-
lity of any other obligations, duties and responsibilities
under this Agreement.
(a)
notice of any change in the
System Operation Date.
System Operation Date, the
to the 60 days prior System
5. Notices Relating to Commercial Operation Date
of Initial Recycling Facility and System Operation Date;
Delivery of Solid Waste and
Facilities. (a) The County
least 90 days prior written
System Recycling Date or the
(b) At least
Recycling Date and the
Recyclable Materials to System
shall give the Municipality at
Municipality shall give written notice of the System
Recycling Date and the System Operation Date, as the case
may be, to all licensed Waste Haulers and publish notice of
the System Recycling Date and the System Operation Date, as
the case may be, in a newspaper of general circulation in
the Municipality to all Persons having control of Premises
which are a Site of Generation.
(c) Commencing on the System Recycling Date,
the Municipality shall collect and deliver, or cause to be
collected and delivered, all Recyclable Materials (excluding
Yard Clippings) generated within its boundaries to the
System Facility designated from time to time by the County.
Commencing on the System Operation Date the Municipality
shall collect and deliver, or cause to be collected and
delivered, all Solid Waste and Recyclable Materials
generated within its boundaries to the System Facility or
Facilities designated from time to time by the County
Notwithstanding the foregoing, in lieu of delivering or
causing to be delivered all Recyclable Materials generated
within its boundaries to a County-designated System
Facility, the Municipality shall have the option to deliver
or cause to be delivered such Recyclable Materials
(excluding Yard Clippings) or Yard Clippings, or both, to a
recycling facility or composting facility, as the case may
be, designated by the Municipality which is not a System
Facility. The Municipality has designated in attached
Exhibit A the recycling facility and composting facility, as
the case may be, to which such Recyclable Materials shall be
delivered, it being understood by the Municipality that the
designation of a recycling facility and composting facility
in Exhibit A may be changed only by an amendment to this
Agreement pursuant to paragraph 18(d) hereof. If the
Municipality has designated in attached Exhibit A a recycl-
ing facility or composting facility that is not a System
Facility, the Municipality shall, commencing no later than
the System Operation Date, collect and deliver, or cause to
be collected and delivered, all such Recyclable Materials
(excluding Yard Clippings) or Yard Clippings, or both, to
such designated recycling facility or composting facility
and keep, or cause to be kept, records of the tonnage
delivered to such facilities, which records shall be
available to the County upon request. If the Municipality
is unable to deliver Recyclable Materials (excluding Yard
Clippings) or Yard Clippings, or both, to a recycling
facility or composting facility designated in attached
Exhibit A that is not a System Facility, the Municipality
shall nevertheless be obligated to deliver such Recyclable
Materials (excluding Yard Clippings) or Yard Clippings, or
both, to another recycling facility or composting facility
that is not a System Facility, or, with the County's
consent, to a recycling facility or composting facility that
is a System Facility.
(d) The Municipality shall by ordinance require
all Waste Haulers: (i) to collect and deliver to the System
Facilities designated by the County or to recycling and
composting facilities designated by the Municipality
pursuant to (c) above, all Solid Waste and Recyclable
Materials, as the case may be, generated within the Munici-
pality, and (ii) to pay the Disposal Fee when required by
paragraph 10 hereof. The Municipality shall take all
reasonable action, including, but not limited to the actions
described in paragraph 12 of this Agreement, as may be
necessary to ensure that all Solid Waste and Recyclable
Materials, as the case may be, generated within its
boundaries shall, commencing on the respective dates set
forth in (c) above, be delivered only to the System Facility
or Facilities designated by the County or to recycling and
composting facilities designated by the Municipality
pursuant to (c) above. The collection and delivery of Solid
Waste and Recyclable Materials pursuant to this Agreement
shall be in compliance with Act 186, Act 641, the Act 641
Plan, and any other applicable federal and state laws,
statutes, rules and regulations. The Municipality shall
comply, and shall by ordinance require all Waste Haulers to
comply, with Act 641, the Act 641 Plan, and any other
applicable federal and state laws, statutes, rules and
regulations.
(e) In order better to enable the Municipality to
comply with its obligations under paragraphs 4 and 5(c) of
this Agreement, the County agrees to provide to the Munici-
pality, commencing July, 1990, monthly reports regarding the
status of the implementation of the System and the Act 641
Plan and the financing, construction, location, testing and
operation of the System Facilities.
6. Processing and Disposal of Solid Waste and
Recyclable Materials. Commencing on the System Recycling
Date, the County, or its representative, shall receive and
process all Recyclable Materials (excluding Yard Clippings)
delivered to the System Facility designated by the County
pursuant to paragraph 5 of this Agreement. Commencing on
the System Operation Date, the County, or its
representative, shall receive and dispose of all Solid Waste
and shall receive and process all Recyclable Materials
(including Yard Clippings) delivered to the System Facility
or System Facilities designated by the County pursuant to
paragraph 5 of this Agreement. The County reserves the
right to dispose of Solid Waste or to process Recyclable
Materials delivered to a particular System Facility at other
System Facilities when, in the sole opinion of the County,
such disposal or processing is desirable for the proper and
efficient operation of the System or the pArt"ir'11 1 A ,-ysteiu
Facility is unable to accept and process or dispose of Solid
Waste or Recyclable Materials. The County shall be solely
responsible for the processing and disposal of Solid Waste
and Recyclable Materials delivered to any System Facility
and for the administration and enforcement of all agreements
relating to the acquisition, construction and operation of
any System Facility. In processing or disposing of Solid
Waste and Recyclable Materials delivered pursuant to this
Agreement, the County shall comply with Act 186, Act 641,
the Act 641 Plan, and other applicable federal and state
laws, statutes, rules and regulations.
7. Right of Refusal; Hazardous Waste. The County
shall, in its sole discretion, have the right to refuse
delivery to any System Facility of any material which is not
required or permitted by this Agreement to be delivered to
such System Facility. The Municipality shall not deliver
Hazardous Waste to any System Facility. The Municipality
shall by ordinance prohibit Waste Haulers from delivering
Hazardous Waste to any System Facility.
8. Rules and Regulations. Following
consultations with and/or recommendations from the Executive
Committee, the County shall adopt specific rules and
regulations from time to time for the administration and
operation of the System Facilities, which rules and
regulations shall not have an unreasonable discriminatory
effect upon the owners or occupants of a Site of Generation.
The Municipality shall comply with all such rules and
regulations adopted by the County. The Municipality shall
by ordinance require all Waste Haulers to comply with such
rules and regulations adopted by the County. The
Municipality shall take all action as may be necessary to
ensure compliance with such rules and regulations of the
County.
9. Other Waste Disposal Facilities. The Munici-
pality shall not hereafter acquire, construct, operate, or
maintain, or, to the extent permitted by law, shall not
permit the acquisition, construction, operation or mainten-
ance, of any waste disposal or processing facility within
its boundaries during the term of this Agreement except for
System Facilities, recycling facilities and composting
facilities utilized pursuant to paragraph 5(c) of this
Agreement and as otherwise authorized by the County, in
each case consistent with the Act 641 Plan.
10, Disposal Fees. The Municipality hereby con-
. sents to the imposition and collection of a Disposal Fee by
or on behalf of the County for the acceptance and processing
or disposal of Solid Waste and Recyclable Materials pursuant
to this Agreement, The Disposal Fee shall be charged to and
paid by the Municipality for any delivery of Solid Waste and
Recyclable Materials to any System Facility by (a) the
Municipality, or (b) a Waste Hauler operating pursuant to a
contract with the Municipality where such contract provides
that the Disposal Fee at the System Facility shall be paid
by the Municipality. In all other instances, the Disposal
Fee shall be charged to and paid by the Waste Hauler
delivering Solid Waste and Recyclable Materials to any
System Facility. The Municipality agrees that the Munici-
pality or the Waste Hauler, as the case may be, will be
required to maintain a credit balance in its account with
the System sufficient to cover Disposal Fees for any Solid
Waste and Recyclable Materials delivered to a System Facil-
ity. The obligation to pay the Disposal Fee charged
pursuant to this paragraph shall be absolute and uncondi-
tional whether or not the County, or its representative,
processes or disposes of the delivered Solid Waste or
Recyclable Materials, in whole or in part, at other System
Facilities pursuant to paragraph 6 of this Agreement and
whether or not any particular System Facility is operable or
in operation at the time of delivery of Solid Waste or
Recyclable Materials. The gross revenues derived from the
Disposal Fees, together with revenues derived from the sale
of Recyclable Materials and the sale of energy or by-
products generated by a WTE, shall be sufficient to defray
the current operating costs of the System, which for any
year shall include: (a) all actual expenditures for
administration, operation and maintenance (including the
establishment and replenishment of reasonable reserves for
operation, maintenance and replacements) incurred in provid-
ing for the processing and disposal of and in processing and
disposing of Solid Waste and Recyclable Materials pursuant
to this Agreement, and (b) all actual obligations of the
County (including debt service requirements and the
establishment and replenishment of a reasonable reserve for
such obligations) incurred in financing any System Facility
(whether or not such System Facility has commenced operation
or is currently operational) and in providing for the
processing and disposal of and in processing and disposing
of Solid Waste and Recyclable Materials pursuant to this
Agreement. Host community fees shall be included as current
operating costs of the System only to the extent that such
fees are payable in connection with a System Facility,
Each year, in accordance with paragraph 14(d) of this
Agreement, the Disposal Fee shall be established by the
County Board of Commissioners at least 30 days prior to the
beginning of the County's next succeeding fiscal year, to be
effective on the first day of such fiscal year (presently
January 1), so as to produce these amounts and any amounts
advanced by the County to satisfy any shortfall in System
gross revenues for which the County has not been reimbursed
and shall not be greater than necessary to produce these
amounts. In the event that the Municipality fails to pay
Disposal Fees for which it is liable pursuant to this
paragraph, the County shall have the remedies prescribed in
Section 15 of Act 186. In addition, the County shall have
all other remedies provided by law.
11. Other Users; Disposal of Solid Waste and
Processing of Recyclable Materials. In order to utilize
fully the capacity of any WTE or recycling facility of the
System, the County may accept Solid Waste or Recyclable
Materials, as the case may be, from any Person, including
the County, in addition to the Solid Waste and Recyclable
Materials required to be delivered pursuant to paragraph 5
of this Agreement and paragraph 5 of agreements in substan-
tially the form hereof between the County and other cities,
villages and townships in the County. The County shall
charge a Disposal Fee for such deliveries of Solid Waste
which shall be fixed and may be revised from time to time by
the County following consultation with and/or a recommenda-
tion from the Executive Committee. The acceptance and
disposal or processing of solid Waste and Recyclable
Materials pursuant to this paragraph shall be consistent
with the Act 641 Plan.
12. Responsibility of Contracting_ Municipality.
(a) The Municipality shall be solely responsible for the
enactment and enforcement of ordinances required to be
enacted by this Agreement as well as to establish its own
rules and regulations for Solid Waste and Recyclable Mater-
ials collection, processing and disposal, not inconsistent
herewith or with rules and regulations established by the
County pursuant to paragraph 8 of this Agreement, all to
protect the public health, safety and welfare. In
connection with the collection of Recyclable Materials, the
Municipality shall adopt an ordinance requiring all Persons
generating Solid Waste within the Municipality to source
separate Recyclable Materials from Solid Waste prior to
collection and establishing civil and/or criminal penalties
for failure to comply. The Municipality shall take all
action (including but not limited to criminal prosecution,
civil proceedings and other actions for injunctive or other
equitable relief, and suspension or revocation of licenses,
franchises or permits) as may be necessary to enforce such
ordinances, rules and regulations. The Municipality shall
also be solely responsible for the issuance of any licenses,
franchises, or permits to Waste Haulers, and for the
enforcement of the terms thereof and for the regulation of
the conduct of Waste Haulers and of the use of the streets,
alleys and public places in the Municipality for the
collection and/or hauling of Solid Waste and Recyclable
Materials. Notwithstanding the foregoing, the Municipality
hereby authorizes the County (i) to enforce, on behalf of
and as agent for the Municipality, the provisions of any
ordinance enacted by the Municipality pursuant to this
Agreement that require (A) a Waste Hauler to deliver Solid
Waste or Recyclable Materials, as the case may be, to the
System Facility or Facilities designated by the County or
(B) a Person generating Solid Waste to source separate
Recyclable Materials from Solid Waste and (ii) to provide
collection services for Solid Waste and Recyclable Materials
to individual users in the Municipality if determined by the
in an emergency situation to protect County to be necessary
the public health. If the County,
Department of Solid Waste Management or
issues a summons in furtherance of the
to the County in (i) of the preceding
acting through its
the County Sheriff,
authority delegated
sentence, all court
proceedings shall be under the direction and control of the
chief law enforcement official of the Municipality and shall
be prosecuted by the Municipality with due diligence.
the extent permitted by law, the County agrees to indemnify
the Municipality from any loss, expense or liability of any
nature due to any and all suits, actions, legal proceedings
or claims arising out of the County's enforcement of the
provisions of any ordinance of the Municipality referred to
in (i) of the second preceding sentence. In case any suit,
action, proceeding or claim shall be brought against the
Municipality in respect to which indemnity may be sought
against the County, the Municipality shall promptly notify
the County of such suit, action, proceeding or claim in
writing and the County shall assume the defense thereof,
including the employment of counsel, payment of all expenses
and the right to negotiate
County shall not be liable for
incurred or for any settlement
consent to settlement. The
the payment of any expenses
of any such suit, action,
and
proceeding or claim effected without its consent.
(b) The County shall be entitled to petition a
court of competent jurisdiction to compel specific perform-
ance of the Municipality's obligations under this para-
graph 12.
(c) In the event that an action is commenced
against the Municipality in a court of competent jurisdic-
tion challenging the validity or constitutionality of a
provision of an ordinance adopted by the Municipality
pursuant to this Agreement requiring all Solid Waste and
Recyclable Materials generated within its boundaries to be
delivered to a designated System Facility, the County, at
the request of the Municipality, shall undertake the defense
of such action and shall pay all costs relating thereto.
The costs of such a defense by the County may be paid from
available revenues of the System. If the County advances
funds to pay the costs of such a defense, it shall be
reimbursed for such advance from available System revenues.
13. County Records. The County agrees to main-
tain, or cause to be maintained, separate, complete and
accurate accounting records of expenditures and obligations
incurred and quantities involved in Solid Waste and
Recyclable Materials reception, processing and disposal at
any System Facility pursuant to this Agreement and to have
said records audited annually by an independent auditing
firm. The County shall furnish, or cause to be furnished,
to the Municipality a copy of such annual audit promptly
after completion thereof, but in no event later than the
date on which such annual audit is required to be filed with
the Michigan Department of Treasury pursuant to applicable
state law. The County agrees to maintain, or cause to be
maintained, information in sufficient detail to permit the
Municipality to ascertain the costs of both Solid Waste and
Recyclable Materials acceptance, processing and disposal
services at the System Facilities. Upon reasonable notice
by the Municipality, the County shall make available, or
cause to be made available, books and records tegarding the
operation of the Solid Waste and Recyclable Materials
acceptance, processing and disposal services at the System
Facilities pursuant to this Agreement.
14. Solid Waste Board/Executive Committee. (a) A
Solid Waste Board is hereby created consisting of a repre-
sentative appointed by the Municipality, together with the
representatives of other cities, villages or townships which
execute agreements substantially in the form of this Agree-
ment. The Municipality shall determine the term and method
of appointment of its representative on the Solid Waste
Board. •The representative appointed by the Municipality may
be either an elected or appointed officer or employee or a
resident of the Municipality. The Municipality may
authorize its appointed representative to designate any
other officer, employee or resident of the Municipality to
act as the Municipality's representative in the absence of
the appointed representative. The Solid Waste Board shall
elect a chairperson and a vice-chairperson, one of whom
shall be a city or village representative and one of whom
shall be a township representative. The Solid Waste Board
shall also determine times and places of its meetings and
establish rules of procedure. The Solid Waste Board shall
System
to the
meet at least once each year to select from its members an
Executive Committee and to consider such other matters that
it deems appropriate with respect to the acquisition, opera-
tion and management of the System.
(b) The Executive Committee shall consist of eight
Solid Waste Board members elected as described below, the
chairperson of the County Board of Commissioners or another
member of the Board of Commissioners designated by the
Chairperson, the County Executive or his designee, the
chairperson and vice-chairperson of the Solid Waste Board
and a Solid Waste Board member from each participating
municipality in which any sanitary landfill or WTE that is a
Facility is located. In electing the eight persons
Executive Committee, the Solid Waste Board shall
divide the participating municipalities into four geographic
areas. Thereafter, Solid Waste Board members from each of
the four geographic areas will elect two representatives
each to serve on the Executive Committee. The Solid Waste
Board, at its discretion, may appoint additional members to
the Executive Committee from participating municipalities in
which System Facilities other than a sanitary landfill or
WTE are located.
(c) The chairperson and vice-chairperson of the
Solid Waste Board shall serve as the chairperson and vice-
chairperson, respectively, of the Executive Committee. The
Executive Committee shall determine times and places of its
meetings and establish rules of procedure. The Executive
Committee shall meet at least once each month and shall
advise, consult with and make recommendations to the County,
and shall have the right to participate in all policy deci-
sions, regarding the acquisition, operation and management
of the System, including, without limitation, the adoption
of rules and regulations relating to the operation of the
System, the Disposal Fee established pursuant to paragraph
10 of this Agreement and the selection of additional System
Facilities. In the event of a disagreement between the
Department of Solid Waste Management and the Executive
Committee on any policy relating to the acquisition, opera-
tion and management of the System, the Executive Committee
shall have the right to submit its position on the matter in
writing to the County Board of Commissioners. Any recommen-
dations made or matters submitted by the Executive Committee
to the County pursuant to this Agreement shall be given full
consideration by the County, but in view of the County's
responsibility in connection with the financing of System
Facilities as described in paragraph 15, shall not be
binding on the County. The County Board of Commissioners
shall have final authority for all decisions relating to the
acquisition, operation and management of the System.
(d) The County Board of Commissioners shall not
establish the Disposal Fee pursuant to paragraph 10 until it
has consulted with and/or received recommendations from the
Executive Committee regarding the Disposal Fee and until the
County shall have given at least thirty (30) days' notice to
the Municipality of its intent to fix or revise the Disposal
Fee and of the date and time a public hearing shall be held
thereon by the County. At such public hearing, members of
the solid Waste Board and other interested parties shall be
given an opportunity to be heard. The County Board of
Commissioners may thereafter fix or revise the Disposal Fee
in accordance with paragraph 10 of this Agreement.
15. Financing. (a) The County will finance the
acquisition, construction and equipping of the initial
System Facilities consisting of a recycling facility, a
composting facility, a WTE and capacity in one or more
sanitary landfills by the issuance of County contract bonds
issued pursuant to Act 186 or the contribution of available
County funds, or both. The cost of acquiring, constructing
and equipping such initial System Facilities will include
reimbursement to the County of its costs incurred prior to
the issuance of the bonds, but with respect to those costs
incurred on or before December 31, 1989, will include only
those costs that are set forth in attached Exhibit B. The
bonds will be paid from the Disposal Fees received by the
County for the processing and disposal of Solid Waste and
processing of Recyclable Materials and from the revenues
derived from the sale of Recyclable Materials and the sale
of energy and other by-products of any WTE, but the bonds
will be full faith and credit limited tax general
obligations of the County payable from the proceeds of
certain ad valorem taxes levied for that purpose, if
necessary.
(b) Any bonds issued to finance any System
Facilities will be equally and ratably secured by the reve-
nues of the System. Bonds issued to finance System Facili-
ties other than the initial System Facilities may be issued
pursuant to Act 186 or other applicable law.
16. Release of Municipal Solid Waste Board Members
from Prior Obligations. If the Municipality is listed on
attached Exhibit C, the County hereby releases and dis-
charges the Municipality from its obligations set forth in
Section 7.1 of the Intergovernmental Agreement for the
Disposal of Solid Waste, dated as of August 15, 1985,
between the County and the Municipality, relating to the
payment of certain planning, design and implementation
costs, and the County and the Municipality agree that said
Intergovernmental Agreement is hereby terminated.
17. Additional Provisions Relating. to Resource
Recovery and Recycling Authority of Southwest Oakland
County. If the Municipality is a member of the Resource
Recovery and Recycling Authority of Southwest Oakland County
("RRRASOCu), the provisions set forth in attached Exhibit D
shall apply to the parties hereto and shall become a part of
this Agreement. RRRASOC, by its execution of this Agree-
ment, approves and accepts the provisions set forth in
attached Exhibit D.
18. Miscellaneous.
(a) Effective Date. This Agreement shall
become effective on the date on which the County determines
that there has occurred execution of agreements substan-
tially in the form hereof (which have not been terminated as
provided in the second sentence of paragraph 18(g) of this
Agreement) by any combination of cities, villages or town-
ships within Oakland County in which an aggregate minimum of
1,500 tons per day of Solid Waste will be generated accord-
ing to the schedule set forth in attached Exhibit E. The
County shall give notice to the Municipality of the effec-
tive date of this Agreement.
(b) Term. This Agreement shall be binding
and remain in effect until the expiration of the later of
(i) the date on which all bonds issued to finance any of the
System Facilities are no longer outstanding or (ii) thirty-
five (35) years from the Commercial Operation Date of the
initial WTE. This Agreement shall continue and remain in
full force and effect as an independent and integrated
agreement between the Municipality and the County on the
terms and provisions set forth in this Agreement.
(c) Assignment. This Agreement, or any
interest therein, shall not be assigned, transferred, or
otherwise encumbered by the Municipality; provided, however,
that in the event all or any part of the Municipality is
incorporated as a new city or is annexed to or becomes a
part of the territory of another municipality, the munici-
pality into which such territory is incorporated or to which
such territory is annexed shall assume the Municipality's
obligations under this Agreement as it relates to such
territory. The Municipality hereby consents to the assign-
ment by the County of such of the County's rights and obli-
gations under this Agreement as the County shall determine
to be desirable to provide for the acquisition, construc-
tion, operation, maintenance and financing of any of the
System Facilities.
(d) Amendments. This Agreement may be
amended from time to time by written agreement duly author-
ized and executed by the parties hereto; this Agreement
shall not be subject to any amendment which would in any
manner affect either the security of or the prompt payment
of principal or interest on any obligation of the County
incurred in financing any of the System Facilities as
evidenced by bonds, contract or lease. It is hereby declared
that the terms of this Agreement insofar as they pertain to
the security of any such obligation of the County shall be
deemed to be for the benefit of the holders, assignees or
beneficiaries thereof.
(e) Further Actions by Municipality. Follow-
ing the execution of this Agreement by the Municipality, and
prior to October 1, 1990, the Municipality shall furnish to
the County (i) an opinion of counsel for the Municipality in
substantially the form of attached Exhibit F and (ii) a
certified copy of an ordinance adopted by the Municipality
pursuant to its obligations under this Agreement in substan-
tially the form of attached Exhibit G, each of which shall
be satisfactory to the County.
(f) Severability. If any provision of this
Agreement shall, for any reason, be held to be invalid or
unenforceable, the invalidity or unenforceability of such
provision shall not affect any of the remaining provisions
of this Agreement, and this Agreement shall be construed and
enforced as if such invalid and unenforceable provision had
not been contained herein.
(g) Termination. Neither the County nor the
Municipality shall have the right to terminate this Agree-
ment for any reason whatsoever, including breach or default
in the obligations of the parties and this Agreement shall,
for its term, remain in full force and effect and may at all
times be enforced by either party at law or in equity.
Notwithstanding the foregoing, (i) the Municipality may
unilaterally terminate this Agreement. by written notice to
the County (A) on or after January 1, 1991 if the County has
not given notice of the effective date of this Agreement on
or before December 31, 1990 or (B) on or after March 2, 1992
if bonds to finance the initial System Facilities have not
been issued by the County on or before March 1, 1992, and
(ii) the County may unilaterally terminate this Agreement by
written notice to the Municipality (A) on or after
January 1, 1991 if there has not occurred on or before
December 31, 1990 execution of agreements substantially in
the form hereof by any combination of cities, villages or
townships within Oakland County in which an aggregate
minimum of 1,500 tons per day of Solid Waste will be
generated according to the schedule set forth in attached
Exhibit E or (B) on or after March 2, 1992 if bonds to
finance the initial System Facilities have not been issued
by the County on or before March 1, 1992.
(h) Waiver. No waiver by either party of any
term or condition of this Agreement shall be deemed or
construed as a waiver of any other term or condition, nor
shall a waiver of any breach be deemed to constitute a
waiver of any subsequent breach, whether of the same or of a
different section, subsection, paragraph, clause, phrase or
other provision of this Agreement.
Notices. All notices required or permit-
ted by this Agreement shall be in writing and shall be sent
by certified mail, return receipt requested, postage
prepaid, to the following addresses:
If to the County:
If to the Municipality:
(j) Captions. Captions or headings used in
this Agreement are for convenience only and in no way
define, limit or describe the scope or intent of any provi-
sion or section of this Agreement.
(k) Governing Law. This Agreement shall be
governed by and interpreted in accordance with the laws of
the State of Michigan.
(I) Limitation of Rights. Nothing expressed
or mentioned in or to be implied from this Agreement is
intended or shall be construed to give to any Person other
than the parties hereto, other members of the Solid Waste
Board and any assignee of the County's rights and
obligations under this Agreement pursuant to the last
sentence of paragraph I8(c) any legal or equitable right,
(1)
remedy or claim under or in respect to this Agreement or any
covenants, conditions and agreements herein contained; this
Agreement and all of the covenants, conditions and
agreements being intended to be and being for the sole and
exclusive benefit of the parties hereto, other members of
the Solid Waste Board and any such assignee of the County.
IN WITNESS WHEREOF, the parties have executed this
Agreement on this day of , 1990.
WITNESSES: COUNTY OF OAKLAND, a Michigan
public corporation
By:
Its: Chairman, Board of
County Commissioners
By:
Its: County Executive
[MUNICIPALITY]
By:
Its:
By:
Its:
[-Approved and accepted:
RESOURCE RECOVERY AND RECYCLING
AUTHORITY OF SOUTHWEST OAKLAND
COUNTY
By:
TMD/09004/0145/AD6/26
Its:
-38-
EXHIBIT A
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
In accordance with paragraph 5 of the Agreement,
the Municipality hereby elects to deliver or cause to be
delivered all Recyclable Materials (excluding Yard Clip-
pings) generated within its boundaries to the following
designated recycling facility:
In accordance with paragraph 5 of this Agreement,
the Municipality agrees to deliver or cause to be delivered
all Yard Clippings generated within its boundaries to the
following designated composting facility:
TMD/09004/0145/AE6
EXHIBIT B
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
The cost of acquiring, constructing and equipping the initial
System Facilities will include reimbursement to the County of the
following costs:
Municipal Solid Waste Board Costs
Up to 7/31/83
8/1183 to 12/31/85
1/1/86 to 12/31/86
1/1/87 to 12/31/87
1/1/88 to 12131/88
Total Municipal Solid Waste Board Costs
County System Implementation Costs
$ 183,700
511,657
250,793
271,470
146,475
$1,364,094
A) By Task: 1/1/88 to 12/31/89
WTE (excluding MSWB) 3,134,528
MRF #1 719,683
Landfill 577,790
Compost #1 57,081
Hazardous & Infectious Waste 19,680
Battery Investigation 7,146
SOCRRA Review 22,430
$4,538,338
B) By Consultant: 1/1/88 to 12/31/89
Bishop Cook Purcell & Reynolds 1,124,166
Camp Dresser & McKee 777,844
Rogers, Golden & Halpern 515,442
Malcolm Pirnie 286,693
Public Financial Management 320,632
Dickinson, Wright 86,690
Resource Recycling 3 9 ,909
- Siting 1,060,000
County Staff & Support 333,962
$4,538,338
Summary of Reimburseable Costs
MSWB Costs as of 12/31/89 $1,364,094
County Costs as of 12/31/89 4,538,338
Less Revenues (75,373)
Total Reimburseable Amount $5,827,059
The foregoing reimburseable costs do not include any costs incurred by
the County in connection with the update of the 641 Plan.
TMD/09004/0145/AF4/2
EXHIBIT C
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
The following municipalities are members of the
Municipal Solid Waste Board organized pursuant to Inter-
governmental Agreements for the Disposal of Solid Waste,
each dated as of August 15, 1985, between the County and
each of the municipalities:
Township of Addison
City of Auburn Hills
Township of Bloomfield
Charter Township of Brandon
Village of Clarkston
Charter Township of Commerce
Township of Groveland
Charter Township of Highland
Village of Holly
Charter Township of Independence
City of Keego Harbor
City of Lake Angelus
Village of Lake Orion
Charter Township of Lyon
Charter Township of Milford
Township of Oakland
City of Orchard Lake Village
Charter Township of Orion
Charter Township of Oxford
Village of Oxford
City of Rochester
City of Rochester Hills
Township of Southfield
Charter Township of Springfield
City of Sylvan Lake
Charter Township of Waterford
Charter Township of West Bloomfield
Charter Township of White Lake
City of Wixom
Village of Wolverine Lake
TMD/09004/0145/AF3/1
EXHIBIT D'
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
The following provisions shall be included in and
become a part of the Agreement if the Municipality is a
member of the Resource Recovery and Recycling Authority of
Southwest Oakland County (nRRRASOC"):
1. The County acknowledges that the Municipality
shall be obligated, pursuant to a contract with RRRASOC, to
deliver all Recyclable Materials (excluding Yard Clippings)
to the recycling facility to be owned by RRRASOC. In
connection with any financing of the RRRASOC recycling
facility, RRRASOC shall be entitled to pledge the contract-
ual obligation of the Municipality to deliver or cause to be
delivered all such Recyclable Materials to such facility.
2. In furtherance of the Municipality's obliga-
tions under paragraphs 4 and 5(c) of the Agreement to
deliver all Solid Waste generated within its boundaries to a
County-designated System Facility, the Municipality shall be
entitled to deliver or cause to be delivered all such Solid
Waste to a transfer station to be owned by RRRASOC for
subsequent transfer to the County-designated System
Facility. The County acknowledges that RRRASOC shall be
entitled to act as the Municipality's agent in delivering
such Solid Waste to the designated System Facility. The
Municipality and RRRASOC agree that the County shall be
entitled to petition a court of competent jurisdiction to
compel either the Municipality or RRRASOC to perform the
foregoing obligations of the Municipality under paragraphs 4
and 5 (c) of the Agreement.
TMD/09004/0145/AE8/7
EXHIBIT E
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
SCHEDULE OF ESTIMATED SOLID WASTE GENERATION
Estimated Tons of
Municipality Solid Waste Per Day
Township of Addison
City of Auburn Hills
Village of Bingham Farms
City of Bloomfield Hills
Township of Bloomfield
Charter Township of Brandon
Village of Clarkston
Charter Township of Commerce
City of Farmington
City of Farmington Hills
Village of Franklin
Township of Groveland
Charter Township of Highland
Township of Holly
Village of Holly
Charter Township of Independence
City of Keego Harbor
City of Lake Angelus
Village of Lake Orion
Village of Leonard
Charter Township of Lyon
Charter Township of Milford
Village of Milford
City of Novi
Township of Oakland
City of Orchard Lake Village
Charter Township of Orion
Village of Ortonville
Charter Township of Oxford
Village of Oxford
City of Rochester
City of Rochester Hills
Township of Rose
City of South Lyon
City of Southfield
Charter Township of Springfield
City of Sylvan Lake
City of Walled Lake
Charter Township of Waterford
Charter Township of West Bloomfield
Charter Township of White Lake
City of Wixom
Village of Wolverine Lake
9.2
83.4
19.9
33.2
97.1
18.5
6.7
54.6
45.5
242.9
5.7
8.1
39.8
7.3
16.0
44.3
6.6
0.6
10.7
1.6
23.4
28.5
14.1
104.5
16.9
3.2
64.3
4.4
25.5
10.6
44.9
118.6
8.9
18.1
449.5
19.8
4.2
28.8
133.2
95.7
45.2
37.1
7.5
TMD/09004/0145/AG1/2
EXHIBIT F
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
Form of Opinion of Counsel for Municipality
1990
County of Oakland
Pontiac, Michigan
We serve as corporate counsel for the of
(the "Municipality"). In so acting, we have parti-
cipated in or reviewed all corporate proceedings in connection
with the authorization, execution and delivery of the Inter-
governmental Agreement for Solid Waste Processing and Disposal
Services dated , 1990, between the County of
Oakland (the "County") and the Municipality (the "Agreement").
We have also examined executed copies of the Agreement and
Ordinance No. (the "Ordinance") of the Municipality (a
copy of which is attached hereto) directing the flow of all Solid
Waste and Recyclable Materials (each as defined in the Agreement)
generated within the Municipality to the facility or facilities
to be designated from time to time by the County, and such
documents and records of the Municipality, certificates of public
officials and officers of the Municipality, and such other
documents as we have deemed necessary or appropriate for the
purposes of this opinion.
Based upon the foregoing, we are of the opinion that:
(a) The Municipality is a public body corporate and
politic constituting a political subdivision of the State of
Michigan.
(b) The Municipality has all requisite power and autho-
rity (i) to execute, deliver and perform the Agreement, and (ii)
to conduct its functions and business and own its property. The
Municipality has taken all necessary action to authorize the
, 1990
Page Two
execution, delivery and performance of the Agreement and to adopt
the Ordinance.
(c) To the best of our knowledge, the Municipality is
not in default under any of the provisions of any law which would
affect its existence or its power referred to in paragraph (b)
above. The execution, delivery and performance of the Municipa-
lity of the Agreement and the adoption of the Ordinance (i) will
not violate any provision of any applicable law or regulation or
of any order, writ, judgment or decree of any court, arbitrator,
or governmental authority, (ii) will not violate any provision of
[the charter of the Municipality} or other statutes, or regula-
tions governing the Municipality, and (iii) will not violate any
provision of, constitute a default under, or result in the
creation or imposition of any lien pursuant to or violate the
provisions of, any indenture, contract, agreement, or other
undertaking to which the Municipality is a party or which
purports to be binding upon the Municipality or upon any of its
assets.
(d) All authorizations and approvals necessary for the
Municipality to enter into the Agreement and to adopt the
Ordinance have been obtained and remain in full force and effect.
No other authorization or approval or other action by and no
notice to or filing with, any governmental authority or regula-
tory body, is required for the due execution, delivery and
performance by the Municipality of 'the Agreement or the enforce-
ment of the Ordinance.
(e) There is no action, suit, investigation or proceed-
ing to which the Municipality is a party or which is pending or
threatened against or affecting the Municipality, the result of
which would, if determined adversely to the Municipality, have a
materially adverse effect on the ability of the Municipality to
perform its obligations under the Agreement.
(f) The Agreement has been duly executed and delivered
by Municipality. The Agreement constitutes the legally valid and
binding obligation of the Municipality enforceable against the
Municipality in accordance with its terms, whether or not any
System Facility (as defined in the Agreement) has become
operational or is operational at any time, except as enforceabi-
lity may be limited by bankruptcy, insolvency or other laws
affecting creditor's rights generally and subject to general
principles of equity.
(g) The Ordinance has been duly adopted by the Munici-
pality, is in full force and effect, and has not been amended,
, 1990
Page Three
altered or repealed. Under the laws of the State of Michigan and
the United States of America, the provisions of the Ordinance are
fully enforceable by the Municipality, and to the extent so
provided, in the Agreement, by the County.
Very truly yours,
TMD/09004/0145/AF5/3
EXHIBIT G
to
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE
PROCESSING AND DISPOSAL SERVICES
FORM OF ORDINANCE
Ordinance No.
AN ORDINANCE REGULATING THE COLLECTION,
PROCESSING AND DISPOSAL OF SOLID WASTE
AND RECYCLABLE MATERIALS IN THE
OF
PROVIDING FOR THE PROMULGATION OF RULES
AND REGULATIONS RELATING THERETO AND
PRESCRIBING PENALTIES FOR THE VIOLATION
THEREOF,
Section 1. Intent and Purpose.
The County of Oakland (the "County") has
established the Oakland County Solid Waste Management System
(the "System") pursuant to the provisions of Act No. 186 of
the Public Acts of Michigan, 1989 ("Act 186") for the
purpose of acquiring and providing processing and disposal
facilities and services for the processing and disposing of
certain solid wastes and recyclable materials for the
benefit of local units of government within the County; and
Section 25 of Act No 641 of the Public Acts of
Michigan, 1978, as amended ("Act 641") requires all counties
to adopt a solid waste management plan; and
Section 25 of Act 641 requires solid waste
management plans to include an enforceable program and
process to assure that the non-hazardous solid waste
generated or to be generated for a 20-year period is
collected and recovered, processed, or disposed of at faci-
lities which comply with Act 641 and rules promulgated
pursuant to the provisions of Act 641; and
Section 24 of Act 641 provides that a municipality
or a county shall assure that all solid waste is removed
from sites of generation frequently enough to protect the
public health and is delivered to licensed solid waste
disposal areas; and
Section 30a of Act ,641 contemplates that a solid
waste management plan shall include a program for recycling
and composting recyclable materials and shall identify
measures such as ordinances that will ensure collection of
recyclable materials; and
In connection with the update of the Oakland County
Solid Waste Management Plan, the County is in the process of
planning for the construction and operation of a combination
of resource recovery facilities, recycling facilities,
composting facilities, sanitary landfills and possibly
transfer stations (collectively the uSystem Facilities"),
which are to be owned by the County and operated by the
County or by private vendors pursuant to operating contracts
with the County or which shall be made available to the
county by contract or lease; and
The of (the
"Municipality") desires to use the System to be constructed
by or on behalf of the County; and
The update of the County Solid Waste Management
Plan to be approved by the Director of the Michigan
Department of Natural Resources ("MDNR"), as provided by
applicable statutes of the State of Michigan, affirmatively
endorses the assurance of an adequate supply of solid waste
and recyclable materials to the System; and
The County and the Municipality have entered into
an Intergovernmental Agreement for Solid Waste Processing
and Disposal Services (the "Agreement") which prescribes
their respective rights and obligations with respect to the
System and to assure an adequate supply of solid waste and
recyclable materials to the System Facilities, all in
furtherance of the purpose of protecting the public health
and the general welfare of the people in the County and the
Municipality as required and authorized by the Constitution
and the statutes of the State of Michigan, and especially
Article IV, Sections 51 and 52 of the Constitution and Act
641; and
The County and its consultants have represented
that the economic viability of the System mandates the
enactment of an ordinance containing the provisions set
forth herein; and
Pursuant to the Agreement, the Municipality is
obligated to enact an ordinance in this form regulating the
collection, processing and disposal of Solid Waste and
Recyclable Materials.
NOW THEREFORE, the of
hereby ordains:
Section 2. Definitions.
2.1 As used in this Ordinance, the words and
phrases listed below shall have the following meanings:
(a) "Act 641" means Act No. 641 of the Public Acts
of Michigan, 1978, as amended.
(b) "Act 641 Plan" means the Oakland County solid
Waste Management Plan approved by the Oakland County Board
of Commissioners, by two-thirds of the cities, villages and
townships in the County and by the Director of the MDNR,
pursuant to the requirements and provisions of Act 641, and
any updates thereof and any amendments thereto adopted in
accordance with Act 641.
(c) "Agreement" means the Intergovernmental Agree-
ment for Solid Waste Processing and Disposal Services
entered into between the County and the Municipality as of
the day of , 1990.
(d) "Construction/Demolition Debris" means non-
hazardous wastes generated from construction and demolition
activities, including but not limited to concrete, asphalt,
wood, metal and plaster.
(e) "County" means the County of Oakland,
Michigan, acting by and through its Board of Commissioners
or the County Department of Solid Waste Management as the
designee of the Board of Commissioners.
(f) "Disposal Fee" means the fee or fees estab-
lished by the County Board of Commissioners pursuant to the
Agreement for receiving, storing, processing and/or dispos-
ing of Solid Waste and Recyclable Materials at the
Facilities.
(g) "Hazardous Waste" means any material or
substance which by reason of its composition or character-
istics is: (1) hazardous waste as defined in the Solid
Waste Disposal Act, 42 USC 56901, et seq., as amended,
replaced or superseded, and the regulations implementing the
same, or (2) material the disposal of which is regulated by
the Toxic Substance Control Act, 15 USC 52601, et seq., as
amended, replaced or superseded, and the regulations imple-
menting the same, or (3) special nuclear or by-products
material within the meaning of the Atomic Energy Act of 1954
or (4) hazardous waste as defined in Act No. 64 of the
Public Acts of Michigan, 1979, as amended from time to time,
and as identified in administrative rules promulgated from
time to time pursuant to the provisions of said Act by the
Director of the Department of National Resources.
(h) "Industrial Special Waste" means non-hazardous
wastes generated by industrial users, which due to their
size or composition, require special handling and/or dispos-
al procedures, including but not limited to foundry, sand,
incinerator/boiler bottom ash, fly ash, sludges, scrap
pallets and other wastes from manufacturing processes which
require special handling and/or disposal procedures.
(i) "Municipality" means the
(j) "Person" means any individual, firm, public or
private corporation, partnership, trust, public or private
agency or any other entity, or any group of such persons.
(k) "Premises" means any area used for residen-
tial, commercial, or industrial purposes, separately or in
combination to which a separate street address, postal
address or box, tax roll description, or other similar iden-
tification has been assigned or is in use by a Person having
control of the area
(1) "Recyclable Materials" means the following
commingled and/or pre-sorted materials that are separated
from Solid Waste prior to the collection of Solid Waste from
a Site of Generation and left at the Site of Generation or
at a drop-off center for collection: high grade paper,
glass, metal, plastic, aluminum, newspaper, corrugated paper
and Yard Clippings.
(m) "Regulations" means the rules and regulations
concerning the collection and processing or disposal of
Solid Waste and Recyclable Materials which are adopted by
the [governing body of the Municipality] pursuant to Section
5.3 of this Ordinance.
(n) Site of Generation" means any Premises in the
Municipality in or on which Solid Waste or Recyclable
Materials is generated by any Person.
(o) "Solid Waste" means garbage, rubbish, ashes,
incinerator ash, incinerator residue, street cleanings,
solid commercial and solid industrial waste, and animal
waste provided, however, that this definition shall not
include Hazardous Waste, Recyclable Materials, Industrial
Special Waste, Construction/Demolition Debris, municipal
sludges, human body waste, liquid or other waste regulated
by statute, ferrous or non-ferrous scrap directed to a scrap
metal processor or to a reuser of ferrous or non-ferrous
products, slag or slag products directed to a slag processor
or to a reuser of slag or slag products, sludges and ashes
managed as recycled or nondetrimental materials appropriate
for agricultural or silvicultural use pursuant to a plan
approved by the Director of the MDNR, materials approved for
emergency disposal by the Director of the MDNR and fly ash
or other ash produced from the combustion of coal when used
as set forth in Section 7(1) of Act 641.
(p) "Solid Waste Hauler License" means a license
issued to a Waste Hauler pursuant to the provisions of
Section 4.4 of this Ordinance.
(q) "System Facility" or "System Facilities" means
any one or more
County or made
and utilized in
facility, (2) a
of the following facilities owned by the
the County by contract or lease
connection with the System: (1) a recycling
transfer facility, (3) a WTE, (4) a sanitary
available to
landfill, (5) a composting facility, (6) and any other
facility utilized in the processing and/or disposing of
Solid Waste and Recyclable Materials.
(r) "System Operation Date" means March 1, 1992.
"System Recycling Date" means September 1,
1991.
(t) "Waste Hauler" means any Person other than the
Municipality engaged in the business of collecting and
transporting, delivering and disposing of Solid Waste and
Recyclable Materials generated within the Municipality.
(u) "WTE" means the mass-burn energy-generating
incinerator or incinerators to be constructed by or on
behalf of, or available by contract or lease with, the
County and to be located within the County in accordance
with the Agreement and the Act 641 Plan.
(s)
(v) "Yard Clippings °' means fallen leaves, cut
grass, lake weeds or other organic debris that can be
converted to humus.
Section 3. Generators of Solid Waste and Recyclable
Materials.
3.1. All Solid Waste and Recyclable Materials from
any Site of Generation intended for collection shall be
stored and placed for pick-up and collection at the times
and in the manner provided in the Regulations.
.3.2. (a) Commencing on the System Recycling Date,
all Persons who are owners, lessees, or occupants of any
Site of Generation shall separate Recyclable Materials
(excluding Yard Clippings) from Solid Waste and prepare the
Recyclable Materials for pick-up, collection and delivery by
a licensed Wast*e Hauler.
(b) Commencing on the System Operation Date, all
Persons who are owners, lessees or occupants of any Site of
Generation shall separate Yard Clippings from Solid Waste
and either (i) dispose of the Yard Clippings at the Site of
Generation in a manner that will not create a nuisance or be
injurious to the public health or (ii) place the Yard
Clippings at the curbside for pick-up, collection and
delivery by a licensed Waste Hauler.
(c) Notice of the System Recycling Date and the
System Operation Date shall be published by the Municipality
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in a newspaper of general circulation within the
Municipality and mailed to each licensed Waste Hauler at
least 60 days before each such Date.
3.3. Notwithstanding the requirements of Section
3.2 of this Ordinance, any Person who is a generator of
Recyclable Materials may donate or sell Recyclable Materials
to any recycling program lawfully operated for profit,
nonprofit or charitable purposes. The buyer or receiver of
such Recyclable materials, however, if not a licensed Waste
Hauler, shall not under any circumstances pick up Recyclable
Materials from the curbside or any other predetermined
collection point in the Municipality.
3.4. Any Recyclable Materials
collection by or at the direction of the Municipality in
accordance with the terms of this Ordinance shall become the
property of the Municipality or the licensed Waste Hauler at
the time the material is placed at curbside or other pre-
determined collection point. It shall be a violation of
this Ordinance for any Person not authorized by the
Municipality to collect or pick up or cause to be collected
or picked up any such Recyclable Materials.
authorized for
by the Municipality pursuant Section 5(c) of the
Section 4. Collection and Disposal of Solid Waste
and Recyclable Materials
4.1. No person shall dispose of any Solid Waste or
Recyclable Materials generated within the Municipality other
than by means of the Municipality or a Waste Hauler duly
licensed by the Municipality for such purpose, provided,
however, that an individual may transport Solid Waste from
his or her own household and dispose of such Solid Waste at
a licensed disposal area approved by the [Clerk] of the
Municipality consistent with the County designation pursuant
to the Agreement.
4.2. Commencing on the System Recycling Date, all
Recyclable Materials (excluding Yard Clippings) generated
within the Municipality shall be collected and delivered to
the System Facility or other recycling facility designated
Agreement. Commencing on the System Operation Date all
Solid Waste and Recyclable Materials (including Yard
Clippings) generated within the Municipality shall be
collected and delivered to the System Facility or Facilities
designated from time to time by the Municipality consistent
with the direction of the County pursuant to the Agreement
or, in the case of Recyclable Materials, to another
recycling facility or composting facility designated by the
Municipality pursuant to Section 5(c) of the Agreement.
4.3. Unless the contract between the Waste Hauler
and the Municipality or the license from the Municipality
provides that the Municipality shall pay Disposal Fees
directly, a Waste Hauler shall pay the Disposal Fee
established for the particular System Facility for any
delivery of Solid Waste or Recyclable Materials to such
System Facility in accordance with the Agreement. A Waste
Hauler shall be required to maintain a credit balance in
its account with the System sufficient to cover Disposal
Fees for any Solid Waste or Recyclable Materials delivered
to a System Facility in accordance with the Agreement. The
obligation to pay the Disposal Fee pursuant to this
Ordinance shall be absolute and unconditional whether or not
the delivered Solid Waste or Recyclable Materials is
processed or disposed of, in whole or in part, at such
System Facility.
4.4. No Person shall engage in the business of
collecting, transporting, delivering, or disposing of Solid
Waste or Recyclable Materials generated within the
Municipality without first obtaining a Solid Waste Hauler
License. Solid Waste Hauler Licenses shall be issued upon
application to the [Clerk] on forms provided therefor and
upon payment of the required fees. It shall be an express
condition of each Solid Waste Hauler License that the Waste
Hauler shall comply with all provisions of this Ordinance
and all applicable provisions of other ordinances adopted by
the Municipality.
4.5. Waste Haulers shall comply with the Act 641
Plan and all applicable federal and state laws, statutes,
rules and regulations (including but not limited to Act 641
and administrative rules promulgated pursuant to Act 641) in
the collection, transportation, delivery, and disposal of
Solid Waste and Recyclable Materials. Waste Haulers shall
also comply with all rules and regulations adopted from time
to time by the County for the administration and operation
of the WTE and other System Facilities.
4.6. When Recyclable Materials have been placed at
curbside and clearly identified, pursuant to the
Regulations, as being designated for pickup by a licensed
Waste Hauler, it shall be a violation of this Ordinance for
any Person except a licensed Waste Hauler to remove such
materials from curbside.
4.7. A Waste Hauler shall not knowingly collect or
deliver Hazardous Waste to any System Facility.
Section 5. Miscellaneous
5.1. Penalties. Any Person who shall violate a
provision of this Ordinance shall be guilty of a
misdemeanor, punishable by a fine not to exceed Five Hundred
Dollars ($500.00), or by imprisonment not exceeding ninety
(90) days, or both such fine and imprisonment. Each day
that a violation occurs or continues shall be deemed a
separate offense. Repeated violations of this ordinance by
a Waste Hauler shall be cause for suspension or revocation
of a Solid Waste Hauler License in accordance with the
Regulations.
5.2, Enforcement. In addition to the
Municipality, the County, acting through its Department of
Solid Waste Management or the County Sheriff, is hereby
authorized to enforce the provisions of Sections 3.2(a),
3.2(b) and 4.2 of this Ordinance.
5.3. Regulations. The [governing body of the
Municipality] shall adopt by ordinance or, to the extent
permitted by law, by resolution reasonable regulations and
guidelines contemplated by this Ordinance as to the manner,
days, and times for the collection of Solid Waste and
Recyclable Materials, or as otherwise required by the terms
hereof. Except in an emergency situation, such regulations
shall be published in a newspaper of general circulation
within the Municipality at least thirty (30) days prior to
their proposed effective date.
5.4. Severabilitv. If any section, sentence, or
any other part of this Ordinance is adjudged
unconstitutional or invalid, such judgment shall not affect,
impair, or invalidate the remainder of this Ordinance but
shall be confined in its effect to the section, sentence, or
other part of this Ordinance directly involved in the
controversy in which such judgment shall been rendered.
5.5. Effective Date. This Ordinance shall
become effective upon adoption and publication as provided
by law.
TMD/09004/0145/AE7/10
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Resolution # 90 1 5 1 , dune 28, 1990
Moved by Crake supported by McConnell the resolution be adopted.
AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron,
Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law,
McConnell,McCulloch, Moffitt, Oaks, Olsen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy. of a resolution adopted by the Oakland County
Board of Commissioners on June 28, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 28th day of June 19 90
Lynn D. Allen, County Clerk