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HomeMy WebLinkAboutAgenda - 06-05-2001-8vORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 2001 Action Agenda Item No. $- ~ SUBJECT: Renewal of Interlocal Agreement for Hazardous Household Waste Acceptance DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No No ATTACHMENT(S): Interlocal Agreement INFORMATION CONTACT: Gayle Wilson, Solid Waste Management Director Blair Pollock, Solid Waste Programs Manager 968-2788 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane .336-227-2031 PURPOSE: To renew the interlocal agreement between the counties ofi Chatham, Durham, Orange, and Wake, and the City of Durham for the cooperative collection of household hazardous household wastes. BACKGROUND: The regional household hazardous waste collection (HHW) program began operating in 1994 as a joint venture between Chatham County, Durham County, Orange County, Wake County, the City of Durham, the Town of Carrboro, and the Town of Chapel Hill. Four permanent household hazardous waste collection centers were established, one in each county. Originally, each of the participating local governments contracted jointly for HHW services through Triangle J ,Council of Governments (TJCOG). At present, each county operates its own HHW collection program and contracts individually with service providers. Additionally, each program contracts with TJCOG for HHW support services. Since the program's inception, Orange County has participated with Chatham County, Durham County, the City of Durham, and Wake County in the cooperative collection of HHW. An Interlocal Agreement was first signed in 1994, allowing residents from each of the participating counties to take their household hazardous waste to any of the four HHW collection sites. This agreement was renewed again in 1997. At least one of the local HHW collection centers operates every month of the year. During spring, summer, and fall, there is a center open each of the first four Saturdays of the month. The interlocal agreement maximizes the opportunity for convenient disposal of HHW by Orange z County's residents and spreads the burden of operating HHW programs between each of the counties. The interlocal agreement is signed by all participating governments. At this paint, the Boards/Councils of Chatham County, Wake County, and the City of Durham have agreed to enter into this cooperative agreement. FINANCIAL IMPACT: This is a no-fee agreement, though the third clause of the agreement does provide each participating HHW program the opportunity to request reimbursement from any other county for the proportional share of disposal expenses paid by that program due to verifiable participation of residents from any other county. To date, there have been no fees charged between any of the parties of the interlacal agreement. The passibility exists that HHW entering Orange County from other counties could exceed waste leaving Orange. However, because Orange County's HHW program is closed in December, January and February while the Durham and Wake collection centers remain open, the evidence indicates that there is an equal flaw of HHW among the counties. Thus, there is no reason to believe that Orange County is collecting more out-of-county HHW than is being sent to other entities. RECOMMENDATION(S): The Manager recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the Agreement subject to final review by Staff and the County Attorney. 3 STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT FOR COOPERATIVE DISPOSAL OF COUNTY OF WAKE HOUSEHOLD HAZARDOUS WASTE THIS AGREEMENT which shall become effective on or after the first day of June, 2001, is by, between and among the Counties of Chatham, Orange and Wake and the City of Durham, North Cazolina, hereinafter sometimes referred to as "parties". WITNESSETH: WHEREAS, household hazardous waste (HI3V~ consists of numerous products common to the average home, such as pesticides, paints, cleaners, polishes, and automotive supplies, and WHEREAS, HHW is generated in significant amounts which may pose a threat to the public health, safety and welfare if improperly disposed of, and WHEREAS, the Counties and the City of Durham, which are parties to this agreement entered into an Interlocal Agreement dated August 4, 1994, for the purposes of developing and coordinating multi-county collection and disposal of HHW in jurisdictions that aze party to said agreement, and WHEREAS, the aforementioned Interlocal Agreement expired on June 30, 2000, and WHEREAS, the Counties of Chatham, Orange and Wake and the City of Durham desixe to continue to maintain and operate a regionally coordinated program for the collection of household hazazdous waste and public education concerning the environmental importance of proper disposal of such waste, NOW, THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result there from, the parties agree as follows: 3 4 1. The purpose of this Agreement is to continue the successful cooperative regional collection and disposal of household hazardous waste in Chatham, Durham, Orange and Wake Counties. 2. The term of this Agreement shall commence on or after June 1, 2001, and shall conclude on Tune 30, 2002. This agreement is shall automatically renew and extend for one year periods beginning of July 1, 2002, unless any party notifies the other parties in writing as referenced in pazagraph 6. 3. The parties agree to accept HHW from residents of the other parties to this Agreement, with the understanding that each party may keep an accounting of the amounts of such HHW received from these residents. Each party may request reimbursement for the disposal costs of HHW received from residents of another party to this Agreement. Such request must be submitted within twelve months from the end of the fiscal yeaz within which the HHW was received. Reimbursements shall be made by and between the parties upon submission of reasonable and acceptable documentation of such cross jurisdictional disposal expenses. 4. It is agreed that each HHW collection and disposal facility built and operated by each County or City shall remain the property of that party, and that each party shall provide staffing for operation of such facility. 5. Additional units of government may. join this agreement upon the consent of all parties. 6. This agreement maybe amended or terminated by consent of all parties hereto after thirty days written notice to all parties. IN WITNESS WHEREOF, the Boazds of Commissioners ofthe respective Counties and the City Council of the City of Durham have approved this Agreement and have caused it to be signed by the Chairman of each Board ar the City Manager and attested to by the Clerk of that Board or Council in accordance with resolutions of the 4 '~_ 5 each governing Board or Council spread upon its respective minutes, the year and day first written above. COUNTY OF CHATHAM By: Chairman, Board of Commissioners Attest This instrument has been approved and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer CITY OF DURHAM By: Chairman, Board of Commissioners Attest This instrument has been approved and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 5 6 COUNTY OF ORANGE By: Chairman, Board of Commissioners Attest This instrument has been approved and approved as to legal form and. adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer COUNTY OF WAKE Bv: Chairman, Board of Commissioners Attest This instrument has been approved and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 6