|
424
<br />
<br /> 3. Responsibilities of County.
<br /> (a) The County shall prepare and cause to be delivered to the N.
<br />C. Department of Human Resources, Division of Health Services (the "Department"),
<br />a solid waste management plan relating to the collection, transportation, storage
<br />and disposal of solid waste which the County is permitted by the State of North
<br />Carolina to dispose of pursuant to N. C. Gen. Stat. 130A, Art. 9, (the "Solid
<br />Waste Management Plan"). The County shall request and obtain the Department's
<br />approval of the Solid Waste Management Plan and the designation of a geographic
<br />area, pursuant to N.C. Gen. Stat. 130A-294, including the unincorporated areas
<br />of the County, within which the collection, transportation, storage and disposal
<br />of all solid waste generated within said area shall be accomplished in accordance
<br />with the Solid Waste Management Plan (the "Designated Geographic Area").
<br /> (b) The County shall receive and dispose of solid waste from the
<br />Municipality in accordance with the terms of this Agreement, the Solid Waste
<br />Ordinance, all applicable Federal and State of North Carolina requirements and
<br />all applicable requirements of any order or resolution of the County relating
<br />to the authorization or issuance of bonds of the County for the purpose of
<br />providing funds for Solid Waste Management in the Designated Geographic Area.
<br /> (c) The County shall, whenever reasonably possible, schedule hours
<br />and days for receiving solid waste consistent with and compatible with the
<br />Municipality's normal collection and delivery schedule. The County shall make
<br />every reasonable effort, in good faith, to meet the needs of the Municipality
<br />with regard to disposal schedules. Whenever possible, the County shall provide
<br />to the Municipality thirty (30) days written notice of any changes in operations
<br />or schedules at the Solid Waste Management Facilities.
<br /> (d) The County shall adopt a Solid Waste Ordinance which will
<br />require that all acceptable solid waste generated within the Designated
<br />Geographic Area that is placed in the waste stream for disposal be subject to
<br />Solid Waste Management in an authorized and available Solid Waste Management
<br />Facility serving such Designated Geographic Area.
<br /> (e) On or before July 1, 1992, the County shall establish and
<br />implement a Countywide system of rates, fees and charges ("User Fees") to be
<br />paid by all entities that generate solid waste in the County for Solid Waste
<br />Management. The Municipality neither agrees nor shall it be obligated to apply
<br />any monies derived from the exercise of its taxing power to the payment of such
<br />user fees. User fees may vary according to classifications (e.g., residential,
<br />commercial, institutional, industrial, etc.) but shall be assessed on a uniform
<br />basis within each such classification. User Fees shall be established so that
<br />the total amount collected by or on behalf of the County from user fees, when
<br />added to Solid Waste Management Facility revenues (electric sales, recycling
<br />revenues, etc.) shall be sufficient to provide for all costs in connection with
<br />the construction and operation of Solid Waste Management Facilities, including,
<br />but not limited to, operating and maintenance costs, insurance, capital expenses,
<br />and debt service on Indebtedness, together with related reserve requirements.
<br />The User Fees shall be collected and enforced by the County. Nothing herein
<br />shall prohibit the Municipality from paying to the County the User Fees from any
<br />revenue source available to the Municipality at the Municipality's sole
<br />discretion. Upon reasonable notice to the County, the Municipality may inspect
<br />the County's records with regard to the establishment of User Fees during the
<br />term of this Agreement.
<br /> 4. Responsibilities of Municipality.
<br /> (a) The Municipality shall request the Department to approve the
<br />Solid Waste Management Plan and to include the area within its corporate limits
<br />as a part of the Designated Geographic Area, pursuant to N.C. Gen. Stat. 130A-
<br />294, and the Municipality shall execute such documents as may be necessary in
<br />connection therewith.
<br /> (b) The Municipality shall adopt the County's Solid Waste Ordinance
<br />and permit it to be applicable within the corporate limits of the Municipality
<br />and shall enforce the provisions of the Solid Waste Ordinance, pursuant to the
<br />provisions of N.C. Gen. Stat. 153A-122; provided, however, that the Municipality
<br />may choose to enforce its current Solid Waste Ordinance upon approval by the
<br />Department. Sections VIII, IX, X and XI of the County's Solid Waste Ordinance,
<br />if adopted by the Municipality, shall not be applicable to municipal solid waste
<br />collection and transportation.
<br /> (c) The Municipality shall cause to be delivered to Solid Waste
<br />Management Facilities, as designated by the County, all of the solid waste
<br />generated within its corporate limits and under its control pursuant to statutory
<br />authority or encompassed under its municipal collection program, in accordance
<br />with the terms of this Agreement, all applicable Federal and State of North
<br />Carolina requirements and all applicable requirements of any order or resolution
<br />
<br />
<br />
|