6. Approve 1995 Lease Agreement with Carver County for Winter Storage of Household Hazardous Waste Material at the Chanhassen Public Works Building1
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MEMORANDUM
CITY OF 6
�HANBASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works
DATE: December 6, 1995
SUBJ: Approve 1995 Lease Agreement with Carver County for Winter Storage of Household
Hazardous Waste Material at the Chanhassen Public Works Building - PW349
Attached you will find a lease agreement between the City of Chanhassen and Carver County for
temporary winter storage of household hazardous waste material inside the auxiliary storage building at
the Chanhassen Public Works facility. This is basically the same agreement which was approved
between the City and Carver County last fall. City staff was recently contacted again by Carver County
representatives regarding the possibility of temporarily storing some household hazardous waste in the
same area of the auxiliary storage building. After some discussions with staff it was decided that this
Carver County program could again be accommodated this winter, however, this would be the last year
that this type of arrangement would be possible since the Public Works vehicle and equipment storage
problem is continuing to worsen each year. Carver County staff has acknowledged that this would be the
last year for temporary use of the Public Works auxiliary storage building.
Leslie Wilson from Carver County Environmental Services will be at the Council meeting to present
information on the Household Hazardous Wast Collection Program and answer any questions that are
raised.
' Last year, the lease agreement stipulated compensation in the amount of $1,500.00 was to be provided by
the County. This year Carver County is proposing to pay a $1.00 lease fee. I do not believe that staff is
in the proper position to determine what is fair compensation for this lease agreement. Therefore,
' judgment will rest with the City Council as to whether the $1.00 amount is acceptable or some other
amount is determined. In any case, staff does not have a problem with recommending this use as
indicated for this winter.
' jms Manager's Comments: I recommend that
the lease be set at $1,500.
Attachment: 1. Location Map
2. Lease Agreement DWA (12 -7 -95)
' c: Harold Brose, Equipment Superintendent
Mark Littfin, Fire Marshal
Leslie Wilson, Carver County
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LEASE
THIS LEASE made and entered into this day of
' 1995, between the CITY OF CHANHASSEN, a mu in cipal corporation
( "Landlord "), and CARVER COUNTY ( "Tenant ").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE
AS FOLLOWS:
1. SUBJECT AND CONDITIONS. Landlord leases a Public Works
' Bay at the Public Works auxiliary storage building located at 1591
park Road, Chanhassen, MN 55317, to Tenant for Tenant's use as
follows:
A. For temporary storage of certain household hazardous
waste as set forth herein.
1
B. The site shall be staffed by trained Carver County
Environmental Services
Department members or their agents
and shall fall under a contract of operation already in
place with the Minnesota Pollution Control Agency, copy
'
attached and referenced as Exhibit "A ".
'
C. Tenant is responsible for posting warning signs ( "no
smoking ", authorized ",
personnel only etc.) in
appropriate places and as may be required by law.
'
D. Tenant shall orally inform the Landlord immediately
upon the event that any spill or release of hazardous
'
waste occurs on or near the premises. Tenant shall
subsequently inform the Chanhassen City Manager
and the
Chanhassen City Engineer in writing within two days of
'
the spill or release.
E. Tenant shall develop an emergency response plan
including a spill
response plan and provide Landlord a
copy.
'
F. Tenant
shall be entitled to store only household
hazardous
wastes in the premises as defined in the
Minnesota Pollution Control Agency Contract with Tenant
'
and as referenced in Minn. Stat. S 115A.96 and Pollution
Control Agency Hazardous
Waste Rules Part 7045.0310.
Examples of hazardous categories and wastes
'
are as
follows: Corrosives (battery acids, oven cleaners);
Flammable Gas (aerosols); Flammable Liquids (gasoline,
paint thinners); Flammable
'
Solids (calcium carbide,
sodium metal); Organic Peroxides (fiberglass hardener);
ORM -A (DDT, carbon tetrachloride, degreasers) ; Oxidizers
(ammonium nitrate, wood bleach); Poison B (arsenic,
strychnine). A breakdown of quantities of wastes stored
'
is anticipated to be 100 gallons of oil paint, 150
gallons of latex paint and 50 gallons (or 500 pounds) of
all other wastes.
G. The categories of products stored in the produ
will be the same as those items commonly found in t ct '
reuse area will generally be the same as the wastes and
local hardware store. he
2. TERM AND RENT.
A. Landlord rents the premises for a term of six months,
commencing November 1, 1995, and terminating on April 30,
1996, or sooner as provided in this lease agreement.
B. Tenant shall pay Landlord #1.00 in advance for
rent.
C. Upon termination of this lease, Tenant shall remove
all of the household hazardous waste it is storing on or
about the premises, including all storage containers.
3. ALTERATIONS, ADDITIONS AND IMPROVEMENTS. Tenant shall
make no alterations, additions, or improvements to the premises
without Landlord's prior written permission-
4. REPAIRS. Tenant shall, at all times during the term of
this lease agreement and at its own cost and expense, repair,
replace, and maintain in a good, safe, and substantial condition,
any improvements, additions, and alterations to such buildings, on
the premises, and shall use all reasonable precaution to prevent
waste, damage, or injury to the premises.
5. UTILITIES. All applications and connections for necessary
utility services on the premises shall be made in the name of
Landlord only. Landlord shall be solely liable for utility charges
as they become due, including, but not limited to, those for sewer,
water, gas, electricity. However, Tenant shall be responsible for
any telephone charges, should Tenant install a telephone.
6. INSURANCE AND PERMITS.
A. During the term of this lease agreement and for any
further time that Tenant shall hold the premises Tenant
shall obtain and maintain at Tenant's expense: ,
Personal injury and property damage insurance. Insurance
against liablity for bodily injury, death, and property
damage and machinery insurance shall be provided by
Tenant as follows:
a. - $200,000 when the claim is for death by
wrongful act or omission and $600,000 to any
claimant in any other case.
b. Landlord shall be named as an additional
insured on the policy, and Tenant shall file with
I
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the Landlord a certificate evidencing coverage.
The certificate shall provide that the Landlord
must be given ten'(10) days advance written notice
of the cancellation of the insurance.
B. Tenant is responsible for obtaining all permits and
licenses required to operate the storage facility in
accordance with the law.
7. INDEMNITY. Tenant shall indemnify Landlord against any
and all expenses, liabilities, and claims of every kind, including
reasonable counsel fees, by or on behalf of any person or entity
arising out of either (1) a failure by Tenant to perform any of the
terms or conditions of this lease agreement, (2) any injury or
damage happening on or about the premises caused by Tenant. ( 3)
failure to comply with any law or any governmental authority, (4)
any mechanic's lien or security interest filed against the premises
or equipment, materials, or alterations of buildings or
improvements on the premises as a result of tenant's activities, or
(5) any spills, releases, emissions, etc., and the clean up costs
associated therewith.
8. ACCESS TO PREMISES. Tenant shall be in exclusive control
and possession of the portion of the premises allotted to it.
Tenant shall permit Landlord or its agents to enter the premises at
all reasonable hours to inspect the premises or make repairs, at
Tenant's expense, that Tenant may neglect or refuse to make in
accordance with the provisions of this lease agreement. If
Landlord orders reasonable testing of the premises or surrounding
areas, Tenant shall reimburse Landlord for reasonable costs and
expenses associated therewith.
9. REPRESENTATIONS BY LANDLORD. Landlord warrants that
Premises are in good repair, mechanical systems function properly,
and building is suitable for purposes stated.
11. WAIVERS. The failure of Landlord to insist on strict
' performance of any of the terms and conditions of this lease
agreement on a specific instance shall be deemed a waiver of the
rights or remedies that Landlord may have regarding that specific
instance only, and shall not be deemed a waiver of any subsequent
' breach of default in any terms and conditions.
12.
assign,
ASSIGNMENT, MORTGAGE, OR SUBLEASE.
mortgage, pledge, or
Tenant shall not
'
sublet the premises in whole or
encumber this lease agreement or
in part, or permit the to
be used
assigned
or occupied by others,
or transferred
nor shall this
premises
lease agreement be
'
express,
by operation of law,
and written consent in writing of
without the prior,
Landlord
instance.
in each
13.
REMEDIES OF LANDLORD.
A. In the event of a
breach or a threatened breach by
Tenant of any of the terms or conditions of this lease
agreement, Landlord shall have the right of injunction to
restrain Tenant and the right to invoke any remedy not
provided in this lease agreement.
B. The rights and remedies given to Landlord in this
lease agreement are distinct, separate, and cumulative,
and no one of them, whether or not exercised by Landlord,
shall be deemed to be in exclusion of any of the others
provided in this lease agreement, by law, or by equity.
14. ENTIRE AGREEMENT. This lease agreement shall constitute
the entire agreement between the parties. Any prior understanding
or representation of any kind preceding the date of this lease
agreement shall not be binding upon either party except to the
extent incorporated in this lease agreement.
15. MODIFICATION OF AGREEMENT. Any modification of this lease
agreement or additional obligation assumed by either party in
connection with this lease agreement shall be binding only if
evidenced in a writing signed by each party or an authorized
representative of each party.
CITY OF CHANHASSEN
BY:
Mayor
Attest:
City Manager
COUNTY OF CARVER
BOARD OF COMMISSIONERS
BY:
Chairperson
Attest:
12 -05 -1995 10:56
1 MINNESOTA POLLUTION CONTRO AG ENCY
' CARVER COUNTY
CARVER COUNTY ENVIRONMENTAL SERVICES
600 EAST FOURTH STREET, BOX 3
' CHASI`A, MIl\�'ESOTA 55318 -2186
' SUPPLEMENT NO.3 TO CONTRACT 0 49 3 _020
WHEREAS, the Minnesota pollution Control Agency (MPCA) has a contract
identified as Contract #93 -020 dated August 3, 1992 with Carver County
for the operation of a Metropolitan Household Hazardous Waste Management
Program (the "Contract "); and
WHEREAS, Section 8.4 of the Contract provides that the original term of '.
the Contract is two (2) years from the date of execution of the Contract; and
WHEREAS, the state and Carver County executed a first amendment to the original
' contract, making it effective until July 1, 1995; and
"NHEREAS, the state and Carver County executed a second amendment to the
' original contract, making it effective until October 1, 1995; and
' WHEREAS, the state and Carver County have agreed that the Contract be
extended again.
NOW, THEREFORE, it is agreed by the parties that the Contract be amended as follows:
1.. Effective the date this supplement is executed, Section 8.4 is amended as follows:
a.) Section 8.4 of the
Contract amendment is deleted and replaced with a new section 8.4
as follows:
'
8.4. Term of Contract. This contract shall be effective upon such date as it is fully executed and
' shall remain in effect until December 31, 1996, unless terminated earlier as provided herein. It is
the intent of the parties that termination or expiration of this agreement shall not relieve the
parties of the obligations assumed under this agreement that occur after termination or expiration,
including without limitation, the obligations to properly close the Metropolitan Facility or
Facilities, to pay costs incurred during the term of this agreement, and to defend, indemnify and
hold harmless the other party pursuant to Section 8.13.
P.05
Exhibit "A"
December 26, 1991
Contract between
the
Minnesota Pollution Control Agency
and Carver County for the
operation of a Metropolitan Household Hazardous
Waste Management Program
1.0. PARTIES
The parties to this contract are:
1.1 The Minnesota Pollution Control Agency (MPCA) and
1.2 Carver County (hereinafter "County ")
2.0. INTRODUCTION
This is a contract between the MPCA and the County describing the
terms under which the MPCA and the County shall establish and
operate a Metropolitan Household Hazardous Waste Management Program
(Metropolitan Program) as authorized by Minn. Stat. § 115A.96
(1991). This contract results in no new expenditures of State
funds and does not require the encumbrance of funds by the
Commissioner of Finance.
3.0. DEFINITIONS
Terms as used in this contract shall have the following meanings:
3.1 Collection Site. A permanent or temporary designated
location with scheduled hours for collection where individuals
may bring Household Hazardous Wastes, and which is operated in
accordance with the Metropolitan Implementation Manual.
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3.2. Counties Anoka, Carver, Dakota, Ramsey, Scott and
Washington Counties.
3.3. Zy nt Co llection . A method intended to collect
Household Hazardous Waste from eligible residents and to
educate participants on proper Household Hazardous Waste
management which consists of a site temporarily designed and
set up to safely and efficientlk collect and package Household
Hazardous Waste for disposal or exchange.
3.4. First Aid Proaram. A training program which is deemed
' satisfactory by the MPCA relevant to job duties of
Metropolitan Facility staff which consist of American Red
' Cross Standard First Aid and Cardiopulmonary Resuscitation
(CPR) procedures.
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1.
3.5. Generator Identification Number. The site - specific
number a generator must obtain from the Environmental
Protection Agency (EPA) prior to transportation, treatment,
storage, or disposal of any hazardous waste.
3.6. Household,. A single detached dwelling unit or a single
unit of a multiple dwelling unit and appurtenant structures.
3.7. Household Hazardous Waste (HHWI. Waste as defined
Minn. Stat. Section 115A.96, subdivision 1(b), 1991.
3.8: Metropolitan Implementation Manual. The manual
developed by the MPCA and the Counties, which provides
guidance and procedures for establishing and operating the
Metropolitan Programs. This manual may be changed from time
to time by mutual agreement of the MPCA's Authorized
Representative and the County's Authorized Representative.
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3.9. Metropolitan HouubOld Hazar Waste ManaQ m n
Facility (Metropolitan Fa6 ilitvl . The portion of the
Metropolitan Household Hazardous Waste Management Program that
consists of one or more collection, management, and /or storage
facility or facilities which are located in the County and are
available for use by residents of another county in the
Metropolitan Service Area. A metropolitan facility may
consist of one or more stationary or mobile facilities. A
metropolitan facility may be publicly or privately owned
and /or operated.
3.10. Metropolitan Household Hazardous Waste Management
Program _f Metro nolitan-_groaramL. The program operated by the
Participating Counties and the MPCA which shall include the
following major elements: (1) an education and waste
reduction program for residents of the area served by the
Metropolitan Program, as agreed upon by the County, . as
coordinated by the SWMCB, and approved by the MPCA; (2) a
Metropolitan Facility or Facilities and /or Event Collections.
3.11. Metropolitan Service Area,. The area included within
the boundaries of the Counties.
3.12. Participating Counties. Counties entering into a
contract with the MPCA for the operation of a Metropolitan
Household Hazardous Waste Management Program.
3.13. Recinrocal Use Agreements,. Agreements entered into by
the Counties allowing use of the Metropolitan Facilities by
residents of the Metropolitan Service Area. Such Agreements
may be negotiated by the Counties and shall provide the terms
and conditions of the use of the Metropolitan Facilities,
including any fees charged to the Counties or residents.
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3.14. State Hazardous Waste Rules, The Minnesota Pollution
Control Agency Rules, Chapters 7045 and 7001, as applicable.
' 3.15.
SWMCB The Solid Waste Management Coordinating Board,
a joint powers board established pursuant to Minn. Stat.
Section 471.59 (1991).
' 4.0. ESTABLISHMENT OF METROPOLITAN EDUCATION AND WASTE REDUCTION
PROGRAM
4.1. General Provisions. The parties to this contract agree
to establish and operate a Household Hazardous Waste education
and reduction program in the Metropolitan Service Area in
accordance with the conditions and requirements set forth in
this contract.
' 4.2. Goals. The ur ose of the Household P P Hazardous Waste
education program is to assist the general public in the
' Metropolitan Service Area in identifying, reducing, and
properly managing Household Hazardous Waste and to establish
' an information service to answer the public's questions and
provide technical assistance on proper management of Household
Hazardous Waste.
' 4.3. Traini Staff for Ed ucation and Waste Reduction,
Program Activities, The MPCA shall provide a basic training
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3.13. S=ate Co ntractor Services Hazardous waste
management
services which are performed for Metropolitan Program
activities and made available by the MPCA through its
.contracts with hazardous waste management firms.
Hazardous
' waste management services include supplying
materials,
receiving and sorting Household Hazardous Waste,
packaging,
'
repackaging, consulting, training, sampling,
analysis,
treatment, transportation, storage, and disposal.
3.14. State Hazardous Waste Rules, The Minnesota Pollution
Control Agency Rules, Chapters 7045 and 7001, as applicable.
' 3.15.
SWMCB The Solid Waste Management Coordinating Board,
a joint powers board established pursuant to Minn. Stat.
Section 471.59 (1991).
' 4.0. ESTABLISHMENT OF METROPOLITAN EDUCATION AND WASTE REDUCTION
PROGRAM
4.1. General Provisions. The parties to this contract agree
to establish and operate a Household Hazardous Waste education
and reduction program in the Metropolitan Service Area in
accordance with the conditions and requirements set forth in
this contract.
' 4.2. Goals. The ur ose of the Household P P Hazardous Waste
education program is to assist the general public in the
' Metropolitan Service Area in identifying, reducing, and
properly managing Household Hazardous Waste and to establish
' an information service to answer the public's questions and
provide technical assistance on proper management of Household
Hazardous Waste.
' 4.3. Traini Staff for Ed ucation and Waste Reduction,
Program Activities, The MPCA shall provide a basic training
' - 4
program for all persons who will participate in the education
and waste reduction program. This program shall train staff
on appropriate guidance for the following: what is a
hazardous waste; which wastes are acceptable through the
Metropolitan Facility, including guidelines to identify
commercial and agricultural wastes; waste reduction through
reuse and recycling; alternatives to household hazardous
products; and safe home treatment storage, and transportation
methods. In addition, the MPCA will provide an annual
training update as part of the program for staff persons who
have completed the basic training program.
4.4. HHW Metropolitan Education and Waste Reduction Plan.
In consultation with the MPCA and the SWMCB, the County shall
prepare a HHW Education and Waste Reduction Plan outlining the
planned activities, an implementation schedule, and an
estimated budget for the contract term. The plan shall
incorporate the activities and materials outlined in Section
4.0 and other activities the County deems appropriate. The
County shall work with the SWMCB to ensure that the plan
coordinates individual county programs to provide consistent
management information. The County shall submit this plan to
the MPCA for review and comment.
4.5. Metropolitan HHW Education and Waste Reduction Proaram
Imnlementation,. The County shall implement a Metropolitan HHW
Education and Waste Reduction Program, in coordination with
the SWMCB and according to the plan outlined in Section 4.4.
and the following:
4.5.1.. ImD1,P_ment AA Tele Ad vice Svstem. The County
shall provide telephone advice for•the County in accordance
with the MPCA's Telephone Advice Guidance Manual. The County
shall work with the MPCA and SWMCB to revise the manual to
reflect the Metropolitan Program.
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The MPCA will provide a Telephone ,Advice Guidance
Manual and training on the proper use of this manual to County
personnel, if requested by the County.
4.5.2. Promote Awareness of the Household Hazardous
Waste Issue.
4.5.2.1. Promote Proper Management The County
shall promote identification and proper management of
Household Hazardous Waste utilizing local media, public
presentations, classroom education, solid waste haulers,
retailers, and other avenues the County deems appropriate.
4.5:2.2. Sample Public Education Materials,. At
the request of the County, the MPCA shall provide sample
public education materials which the County can adapt for
distribution including press releases, newspaper articles,
mailing inserts, , public service announcement scripts,
brochures, and fact sheets.
4.5.2.3. Public Sneakincr,. The County shall
solicit and respond to appropriate public speaking requests to
local community and service organizations.
4.5.2.4. Other Activities.. The County may
conduct other informational activities as deemed necessary or
appropriate.
4.5.3. Conies of Materials,. The County shall provide
' to the MPCA copies of all educational and promotional
materials produced and distributed under this contract and
' copies of all print media coverage of this program.
I 6 _
5.0
1
5.1. General Provisions
5.1.1. 9—o2jection Prgzam Estab iishmen The County
agrees to establish a Metropolitan Facility and /or Event
Collection according to the conditions and requirements set
forth in' this contract. I If a Metropolitan Facility -is
privately owned and /or operated, the County will require the
private owner or operator to meet the conditions and
requirements set forth in this contract. The County * may agree
to enter into Reciprocal Use Agreements with the Counties
allowing use of the Metropolitan Facility and /or Event
Collections by residents of the Metropolitan service Area.
5.1.2. Waste Management and Proaram Operations,. The
parties to this contract shall manage all Household Hazardous
Waste collected under this contract in compliance with all
federal, state, and local standards applicable to hazardous
waste generators as required by Minn. stat. § 115A.96, subd.
4 (1991) and Minn. Rules ch. 7045. Facilities shall be
operated in accordance with the rules and the Metropolitan
Implementation Manual.
5.2 . Metropolitan Facility Design.
5.2.1. Countv Proposes Metropolitan Facilitv,. The
County shall submit to the MPCA a written statement proposing
a Metropolitan Facility which meets the conditions identified
in section 5.1.2. If a stationary facility is proposed, the
written statement shall include: (a) a legal description of
the property boundaries for the proposed location; (b) a map
showing the location of the structure(s) proposed to be used
for the collection area and the storage area; (c) a
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description of the structure; (d) the names and addresses of
all persons having title to the property proposed to be used
for the Metropolitan Facility; and (e) a certification that
the proposed Metropolitan Facility meets the conditions set
forth in Section 5.1.2.
5.2.2. Annroval /Disaonrova of Pr otiosed Lietronol
t y
Facili Desi.arl. The MPCA Commissioner may reject any
proposed Metropolitan Facility design if the MPCA Commissioner
determines that the facility design fails to meet the minimum
requirements set forth in Section 5.1.2. The MPCA
Commissioner will approve or disapprove of the proposed design
within 30 days of receipt of the proposal and following a
joint inspection of the site by the MPCA and the County. If
the MPCA Commissioner rejects a proposed design, -.he /she shall
notify the County in writing of the reasons for rejection and
the County may, within a reasonable time period, propose an
alternative location and /or make necessary alterations to
Metropolitan Facility design originally proposed in order to
provide a Metropolitan Facility design acceptable to the MPCA
Commissioner. The shall use its best efforts to assist
the County in identifying an alternative location and /or make
necessary alterations to the original design.
5.2.3. Insnection of Annroved Metropolitan Facilitv
After the MPCA Commissioner approves the proposed design
for the collection -and storage areas, the MPCA staff and the
County shall inspect the approved Metropolitan Facility site
to ensure that all the conditions set forth in Section 5.1.2.
have been satisfied. If the Metropolitan Facility does not
meet the conditions set forth in. Section 5.1.2, the MPCA
_ shall notify the County of any deficiencies in writing and the
County will modify the Metropolitan Facility to meet with
MPCA approval.
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5.3. Establishment of *tan Facility Before the
Metropolitan Facility commences operation, the following tasks
shall be completed: 1
5.3.1. Role of Metronolitan Imnlementati,on Manual.
The County shall establish the Metropolitan Facility according
to the terms of the Metropolitan Implementation Manual.
5.3.2. Eauin the Metropolitan Fac The County
shall provide an adequate supply of personal protective
equipment and emergency equipment and shall document regular
inspections of ° such equipment, as specified in the
Metropolitan Implementation Manual. The Metropolitan Facility
shall not be operated unless the equipment at the Metropolitan
Facility is fully operational and available for use.
5.4. Waste Manaaement.
5.4.1. Generator Identification Numbers,. The MPCA
will acquire site - specific Generator Identification Numbers
from the Environmental Protection Agency (EPA) which shall be
used in managing all Household Hazardous Wastes transported
and disposed of with State Contractor Services. The MPCA
shall track the uniform hazardous waste manifests and shall
provide copies of the manifests to the County. Non -state
contractor services for transportation and disposal may be
utilized if prior written authorization is obtained from the
MPCA . Such authorization shall not be unreasonably withheld.
The MPCA is not obligated to consider requests that would
cause the aggregate number of MPCA contractor disposal
facilities for the State to exceed 15.
The MPCA shall make available State Contractor Services and
shall be responsible for the acts of such contractors. The
MPCA shall notify the State Contractors that the County is
If this contract is not renewed, and the County continues to
' operate the Metropolitan Facility, the County or its
contractor will cease to use the MPCA generator number and
' will obtain and use its own Generator Identification Number.
If the contract is not renewed or the Metropolitan Facility is
' closed, the MPCA shall inactivate the Generator
Identification Number.
' 6.D OPERATION OF METROPOLITAN FACILITY.
' 6.1. Goals. In entering into this contract, it is the goal
of the County and the MPCA to encourage citizens to manage
' their Household Hazardous Wastes, to the extent possible,
through reuse, recycling, or safe home treatment and disposal.
' In addition, nonhazardous items shall be discouraged from
being accepted for disposal at the Metropolitan Facility
unless no alternative reclamation or recycling options exist.
' 6.1.2. Acceptable Wastes,. The County will use its
best efforts to collect, store, or otherwise accept for
' disposal at the Metropolitan Facility only Household Hazardous
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'
authorized to act on the MPCA's behalf under the State
Contract.
'
Household hazardous waste collected and managed pursuant to
'
this Agreement may only be processed and /or disposed of at a
hazardous
waste processing /disposal facility (Facility)
'
evaluated and approved by the MPCA. In the event that a
Facility is that
proposed has not been approved by the MPCA as
of the date of the proposal, the County requesting the
'
approval or its contractor shall reimburse the MPCA for its
reasonable costs incurred in auditing the Facility for
'
_
purposes of approval or disapproval of the Facility.
If this contract is not renewed, and the County continues to
' operate the Metropolitan Facility, the County or its
contractor will cease to use the MPCA generator number and
' will obtain and use its own Generator Identification Number.
If the contract is not renewed or the Metropolitan Facility is
' closed, the MPCA shall inactivate the Generator
Identification Number.
' 6.D OPERATION OF METROPOLITAN FACILITY.
' 6.1. Goals. In entering into this contract, it is the goal
of the County and the MPCA to encourage citizens to manage
' their Household Hazardous Wastes, to the extent possible,
through reuse, recycling, or safe home treatment and disposal.
' In addition, nonhazardous items shall be discouraged from
being accepted for disposal at the Metropolitan Facility
unless no alternative reclamation or recycling options exist.
' 6.1.2. Acceptable Wastes,. The County will use its
best efforts to collect, store, or otherwise accept for
' disposal at the Metropolitan Facility only Household Hazardous
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Wastes which are acceptable as defined in the Metropolitan
Implementation Manual, unless other wastes are approved for
management by the MPCA's Authorized Representative.
6.2. ounty R esporL*jbilities.
6.2.1. Metropolitan Implementation Manual. In
addition to the requirements set forth in Section 6.1., the
County shall operate the Collection Sites according to the
terms of the Metropolitan Implementation Manual.
6.2.2. Hours of Operation. The County shall notify
MPCA's Authorized Representative of the hours of operation of
the Metropolitan Facility.
6.2.3. Arrangements with MPCA for State Contractor
Services. The County shall abide by the requirements
described in the Metropolitan Implementation Manual to request
State Contractor Services.
6.2.4. Procurement of Supplies and Eauinment,. The
County shall arrange for the provision of all the safety
equipment, personal protective equipment and other equipment
necessary for facility operations as outlined in the
Metropolitan Implementation Manual.
6.2.5.. Notification of Staff for Metropolitan Facility '
Activities,.
6.2.5.1. Notification of Staff Designation,. The
County shall inform the MPCA of staffing arrangements, ,
in accordance with Metropolitan Implementation Manual,
to perform the Metropolitan Program site activities ,
described in Section 6.2.1. through 6.2.4. The County
shall notify the MPCA of the staff designated.
l
6.3. Training Program The MPCA shall provide a training
program for all County staff - persons who will operate the
collection sites. This training program shall include
training on what is a hazardous waste; acceptable collection
procedures; which wastes are acceptable through the
Metropolitan Facility, .-including guidelines- to - identify
commercial and agricultural wastes; hazardous materials
handling and categorization; packaging and storage
requirements; safety procedures; and Occupational Safety and
Health Right -To -Know training. All staff persons who will
operate the collection sites must successfully complete a
MPCA's approved training program before the collection site
may be operated.
7.0. PROCEDURES FOR CLOSING METROPOLITAN.FACILITY.
In the event County deems appropriate the temporary or permanent
closure of the Metropolitan Facility, the parties to this contract
agree to close the facility as follows:
' 7.1. Countv Responsibilities,. The County agrees to complete
the following to close a Metropolitan Facility:
7.1.1. At least two weeks prior to closing the
' facility, publicize and notify local media that the facility
will no longer accept waste;
' - 7.1.2. Close the facility by no longer accepting
waste;
7.1.3. 'Within 10 days of closing the facility,
' properly package and bulk all accumulated waste;
' 7.1.4. Within 90 days of closing the facility, send to
the MPCA copies or microfiche all waste - related records, such
' - 12
as lab pack inventories and completed inventories for all
drums containing wastes..
7.1.5. If the closure of the facility is intended to
be permanent, it shall be closed in a manner that prevents any
contamination from occurring in accordance with the rules and
in consultation with the MPCA, including removal of all
collected wastes and materials and the decontamination of the
equipment, sorting area, and entire storage area.
7.1.6. In the event that the County fails to cure the
deficiencies in a timely manner, the MPCA may require the
County to close the facility. If the MPCA' determines that
closure of the facility is appropriate, it shall notify the
County in writing. The County shall close the facility within
thirty (30) days of the date of the notice. Closure shall be
accomplished in compliance with items 7.1.1., 7.1.2.,
and 7.1.4., above.
7.1.7. If the County fails to comply with Section
7.1.6., the MPCA may arrange for contractor services to
properly close the facility with 100 percent of the expense
the responsibility of the County.
7.2. Mobile Facilities,. Closure requirements for mobile
facilities shall be as set forth in the Metropolitan
Implementation Manual.
8.0. GENERAL CONDITIONS
8.1. Leaal Authoritv,. This contract is made under the
MPCA's authority of Minn. Stat. § 115A.96 (1991) and 116.03
(1991) and under the County authority of Minnesota Statutes §
375.21, § 473.801 through § 473.834 (1991) and § 471.59
(1991).
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8.2. Authorized Representati a nd Administrator The
MPCA's authorized representative for administering this
contract is Donna Portner, Pollution Control Specialist. The
County's authorized representative for administering this
contract is Leslie Loeffler. Each party agrees to notify the
other party in writing if their authorized agent is changed.
'
8.3. IDterDretatio of Contract This contract shall be
interpreted pursuant to the laws of the State of Minnesota.
8.4. Term of Cont This contract shall be effective
upon such date as it is fully executed and shall remain in
effect for a period of two (2) years from the date of
'
execution, unless earlier terminated as provided herein. It
is the intent of the parties that termination or expiration of
'
this agreement shall not relieve the parties of the
obligations assumed under this agreement that occur after
'
termination or expiration, including without limitation, the
obligations
to properly close the Metropolitan- Facility or
Facilities, to pay costs incurred during the term of this
agreement, and to defend, indemnify and hold harmless the
other party pursuant to Section 8.13.
'
8.5. Cancellation This contract may be canceled by the
'
MPCA or the County in writing thirty (30) days before the
cancellation.
' .8.6. Renewal. At the expiration of this contract, renewal
of the contract will be pursued if agreeable to both parties.
' In considering renewal, the MPCA will evaluate the County's
abilities to achieve the basic program objectives.
I - 14 -
8.7. Assicrn The parties shall neither assign nor
transfer any rights or obligations under this contract without
the prior consent of the other parties. .
8.8. Compliance with Laws. All acts performed by the
parties under this contract shall be performed in accordance
with all applicable federal, state and local laws.
8.9. Records and Audits.
8.9.1. The County shall submit an annual report by
March 31 of each year in a format mutually agreed upon by the
Authorized Representative of the parties to this contract.
This report must include:
8.9.1.1. A discussion of work conducted during
the year in meeting education and waste reduction
objectives including a copy of all materials produced;
and
8 . 9 . 1 .2. A summary of participation, waste
collected, and program performance and costs.
8.10. Remedies.. Unless otherwise provided in this contract,
all claims, counter claims, disputes and other matters in
question between the parties arising out of, or relating to,
this contract or the breach of it will be decided by
arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State of Minnesota.
8.11. Affirmative Action,. The County shall comply with the
affirmative action provision of Minn. Stat. § 363.073 (1991)
and Minn. Rules pts. 5000.3400 -3600.
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�I
n
8.12. Amendments Any amendments to this contract shall be
in writing and shall be executed by all parties.
8.13. Liabilitv. It is the intent of the parties that any
liability which may arise as a result of activities
contemplated by this contract be governed according to the
following provisions:
8.13.1. Liabilitv to third nerson. The parties intend
that any claims or causes of action by third persons are
subject to the limitations upon liability provided in the
statutes.
8.13.2. Liabilitv between the State and the Countv.
The parties agree that they will be responsible for their own
acts and the results thereof and shall not be responsible for
the acts of the other party and the results thereof. The MPCA
therefore agrees that it will assume liability for itself, its
agents, employees, or contractors for any injury to persons or
property resulting in any manner from the conduct of its own
operations, and operations of its agents, employees or
contractors under State Contractor Services. The MPCA shall
defend, indemnify and hold harmless the County for all
liability, obligations, claims, loss and expense, including
reasonable attorneys and other professional fees, resulting
from the acts of the MPCA, its agents, employees or
contractors, or obligations assumed by the MPCA in this
contract.
' The County agrees that it will assume liability for itself,
its agents, employees, or contractors for any injury to
_ persons or property resulting in any manner from the conduct
of its own operations, and operations of its agents, employees
' or contractors. The County shall defend, indemnify and hold
harmless the MPCA for all liability, obligations, claims, loss
I - 16
and expense, including reasonable attorneys and other
professional fees, resulting from the acts of the County, its
agents, employees or contractors, or obligations assumed by
the County in this contract.
Nothing in this Section 8.13.2 is intended to act as a waiver
or limitation of any law, as provided in 8.13.1 above.
Further, nothing in this Section shall bar any legal remedies
that one party may have against another for failure to fulfill
its obligations pursuant to this contract.
8.13.3. Nothing in this contract is intended to waive
or limit the provisions of the Tort Claims Act, Minn. Stat. §
3.736 (1991) , or Minn. Stat. § 466.02 (1991) , or any other
law, legislative or judicial, which limits governmental
liability.
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12 -05 -1995 10:57
P.06
IN WITNESS WHEREOF, the parties have caused this supplement to be executed as of the date
of signature of the MPCA.
APPROVED:
COUNTY OF CARVER MINNESOTA POLLUTION CONTROL
AGENCY
By / By Title Chair, Board of Commissioners Title
Date October 31. 1,995
ASSISTAN f OUNTY ATTORNEY
By
l
Title (69.
Date
Date
As to form and execution by the
ATTORNEY GENERAL
BN
Title
Date