ADOPTED - FEBRUARY 13, 2001

Agenda Item No. 24

Introduced by the Human Services and Finance Committees of the:

RESOLUTION TO DELAY IMPLEMENTATION

OF THE SOLID WASTE DISPOSAL AGREEMENTS

RESOLUTION #01-51

WHEREAS, on April 25, 2000, Ingham County adopted the Proposed Ingham County Solid Waste Plan Update; and

WHEREAS, as part of the Plan Update, the Board of Commissioners authorized entering into contractual arrangements with solid waste disposal facilities to receive and dispose of Ingham County solid waste; and

WHEREAS, the terms of the solid waste disposal agreement require that each solid waste disposal facility provide on-site recycling; collect and provide data regarding quarterly volumes of Ingham County's solid waste disposed of at the facility, and pay to Ingham County $.42 per cubic yard for all Ingham County generated waste disposed of at the facility; and

WHEREAS, five (5) contractors encompassing nine (9) facilities have agreed to participate in the Plan Update and enter into the solid waste disposal agreements with Ingham County; and

WHEREAS, the intent of the Board of Commissioners was to apply the Plan Update and the terms of the solid waste disposal agreements equally to all contractors; and

WHEREAS, several of the Granger Corporations do not agree to the terms of the solid waste disposal agreements and have filed a lawsuit to stop the County from implementing that financing mechanism as outlined in the Plan Update and approved by the Ingham County Board of Commissioners through Resolution # 00-144; and

WHEREAS, upon approval by the Department of Environmental Equality 18 solid disposal facility sites will be eligible to accept waste originating in Ingham County, subject to the requirements specified in Ingham County's Plan Update.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners delays implementation of the terms of the solid waste disposal agreements until the litigation is resolved or the Board of Commissioners adopts another funding alternative as set forth in the Plan Update.

BE IT FURTHER RESOLVED, that the contractors who have already entered into contracts with Ingham County shall be allowed to accept Ingham County solid waste at the present time without complying with the terms of the solid waste disposal agreement.

BE IT FURTHER RESOLVED, that this will confirm the Board of Commissioners intent that the contractual arrangements be applied equally to the contractors who receive and dispose of Ingham County solid waste.

BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign any documents after review by the County Attorney and upon the recommendation of the Health Officer.

HUMAN SERVICES: Yeas: Czarnecki, Dedden, Hertel, Celentino

Nays: Severino Absent: None Approved 2/5/01

FINANCE: Yeas: Czarnecki, Hertel, Minter, Swope, Krause

Nays: Schafer Absent: Lynch Approved 2/7/01