(a) The Borough agrees to deliver or cause to be delivered during the term of this agreement all Municipal solid waste generated with the Borough for disposal at a facility designated by the County.
(b) The County agrees to accept for disposal all such Municipal Solid Waste described in subsection (a) hereof upon completion and commencement of operation of the Plant in accordance with a contract, containing terms satisfactory to the County, with the contractor, providing for construction and operation of the Plant.
(c) The term of this agreement shall be for a period of twenty-five years, and said term shall commence on January 1, 2017. The Borough, at its option, may terminate this agreement with thirty days' written notice to the County, in the event that the Borough will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering Municipal solid waste to the County during the term of this agreement; provided the Borough has first obtained final approval from the Pennsylvania Department of Environmental Resources (DER) for its own plan under the Pennsylvania Solid Waste Management Act of 1980, as amended (35 P.S. 6018.101 et seq.), or an approval from DER for a modification that brings the Borough under another plan that has already obtained final approval. It is understood, however, that (upon any such termination of this agreement by the Borough) the County, the Delaware County Solid Waste Authority and/or the County's Contractor shall be relieved of any responsibility to accept and dispose of Municipal solid waste generated within the Borough. It is further understood that any such termination of this agreement by the Borough shall constitute a repeal, whether express or implied, of Section 1062.11.
(d) The County shall hold harmless and defend the Borough from any suit, claim or action against the Borough, challenging the legality of this chapter. In the event that any such suit, claim or action is brought against the Borough, the Borough shall authorize the County, through its designated legal counsel, to defend against the same and the Borough shall cooperate with the County in said defense and shall give the County Solicitor notice of any such suit, claim or action within five days of the Borough receiving notice thereof.
(Ord. 843a. Passed 9-14-87; Ord. 1077. Passed 6-13-16.)