DSHW-2024-007934

Wade Hess <[e-mail]>
DSHW-2024-002302
11 messages
Jordan Kerns <[e-mail]>Mon, Jan 22, 2024 at 9:19 AM
To: Wade Hess <[e-mail]>, Brian Speer <[e-mail]>, Arlene Lovato <[e-mail]>, Jordan Kerns
<[e-mail]>, "[e-mail]" <[e-mail]>, "[e-mail]" <[e-mail]>,
"[e-mail]" <[e-mail]>, [e-mail]
I am forwarding the following document: DSHW-2024-002302.
--

Jordan Kerns
Office Specialist |
Division of Waste Management and Radiation Control

Office: [phone] | Front Desk: [phone]
wasteandradiation.utah.gov

Emails to and from this email address may be considered public records and thus subject to
Utah GRAMA requirements.
Statements made in this email do not constitute the official position of the Director of the
Division of Waste Management and Radiation Control. If you desire a statement of the
Division Director’s position, please submit a written request to the Director, including copies of
documents relevant to your request.
DSHW-2024-002302.pdf
16813K
Patrick Craig <[e-mail]>Wed, Feb 21, 2024 at 10:49 AM
To: Brian Speer <[e-mail]>
Cc: Jordan Kerns <[e-mail]>, Wade Hess <[e-mail]>, Arlene Lovato <[e-mail]>, "Bell,
Christopher" <[e-mail]>, "Lyons, Debbie" <[e-mail]>
Brian – Salt Lake County intends to provide comments on this draft permit. We request additional time (approximately 2
weeks – Feb 8th) to allow additional coordination of our comments with Salt Lake City. Thank You.
[Quoted text hidden]
Brian Speer <[e-mail]>Wed, Feb 21, 2024 at 11:02 AM
To: Patrick Craig <[e-mail]>
Cc: Jordan Kerns <[e-mail]>, Wade Hess <[e-mail]>, Arlene Lovato <[e-mail]>, "Bell,
Christopher" <[e-mail]>, "Lyons, Debbie" <[e-mail]>
8/21/24, 5:56 PM State of Utah Mail - DSHW-2024-002302
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-f:1788808180023361096&simpl=msg-f:178880818002336109…1/5
Hi Patrick,
Thank you for the heads up. We look forward to hearing from you.
Best regards,
Brian Speer
Manager | Solid Waste
Division of Waste Management and Radiation Control
M: [phone]
P: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request.
[Quoted text hidden]
Patrick Craig <[e-mail]>Wed, Feb 21, 2024 at 11:08 AM
To: Brian Speer <[e-mail]>
Cc: Jordan Kerns <[e-mail]>, Wade Hess <[e-mail]>, Arlene Lovato <[e-mail]>, "Bell,
Christopher" <[e-mail]>, "Lyons, Debbie" <[e-mail]>
Brian – one clarification, March 8th. Thanks
[Quoted text hidden]
Brian Speer <[e-mail]>Wed, Feb 21, 2024 at 12:25 PM
To: Patrick Craig <[e-mail]>
Cc: Jordan Kerns <[e-mail]>, Wade Hess <[e-mail]>, Arlene Lovato <[e-mail]>, "Bell,
Christopher" <[e-mail]>, "Lyons, Debbie" <[e-mail]>
Yes, sounds good.
Brian Speer
Manager | Solid Waste
Division of Waste Management and Radiation Control
M: [phone]
P: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request.
8/21/24, 5:56 PM State of Utah Mail - DSHW-2024-002302
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-f:1788808180023361096&simpl=msg-f:178880818002336109…2/5
[Quoted text hidden]
Patrick Craig <[e-mail]>Fri, Mar 8, 2024 at 12:56 PM
To: Brian Speer <[e-mail]>
Cc: Jordan Kerns <[e-mail]>, Wade Hess <[e-mail]>, Arlene Lovato <[e-mail]>, "Bell,
Christopher" <[e-mail]>, "Lyons, Debbie" <[e-mail]>, Ryan Lambert
<[e-mail]>, "[e-mail]" <[e-mail]>
Brian – attached letter with comments. Thanks
[Quoted text hidden]
UDEQ Letter 03_08_2024 ET Draft Permit Comments.docx
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Wade Hess <[e-mail]>Wed, Mar 13, 2024 at 3:48 PM
To: Patrick Craig <[e-mail]>
Cc: Brian Speer <[e-mail]>, "Bell, Christopher" <[e-mail]>, "Lyons, Debbie"
<[e-mail]>, Ryan Lambert <[e-mail]>, "[e-mail]"
<[e-mail]>, Sarah Smart <[e-mail]>
Hi Patrick,
Thanks for reviewing the permit and sending in your comments. Before I make any changes to the draft permit, I just
wanted to respond to your comments and hopefully clarify a couple of things.
Comment 1
Currently, as I understand it, SLVSWMC should be considered an operator. In the Interlocal Cooperation Agreement
between Salt Lake County and Salt Lake City where both are listed as parties (see attached), it states that the "Parties
shall jointly own and operate the Salt Lake Valley Solid Waste Management Facility (together with any other joint solid
waste transfer, processing, recycling, or disposal facilities of the Parties, the "Facility")". The agreement implies that the
operation portion will be carried out by the SLVSWMC through the duties listed in Powers and Duties section. The duties
in the agreement include assisting with the orderly operation of the Facility, Facility programs, and the finances of the
facility.
In the contract between Salt Lake County and E.T. Technologies, the terms "operate/operator" seem to refer to day-to-day
management, but the Interlocal Agreement, Utah Solid and Hazardous Waste Act, and our Solid Waste Permitting and
Management Rules use the terms in a broader sense to include finances and other operations. So, if I understand
correctly, the Council (not the City or the County) is actually "operating" some portions of the SRS.
SLVSWMC is a joint entity between the City and the County. The City and the County are already included as permittees.
So ideally, and for the reasons above, SLVSWMC would also be included as a permittee.
If you disagree with my assessment of the situation, please explain SLVSWMC’s involvement in the operation of the
Facility, especially its financial involvement in the context of the Interlocal Agreement. After receiving that information, we
can reassess.
Comment 2
The Owner Phone number will be corrected.
Comment 3
Good catch. Since it takes several months from the time the waste is accepted by E.T. to the time it leaves the facility as
compost, let's reword IV.A.2. to say: "The Permittees shall notify the Director of the projected final receipt of waste in
accordance with R315-302-3(4) and begin closure activities in accordance with an approved Closure Plan within 30 days
of final receipt of waste removal of soil compost from site." This language will ensure that the final closure plan will not
contradict the permit.
Comment 4
After the closure costs are adjusted for inflation from 2001-2004 (2021=1.042, 2022=1.070, 2023=1.037), the total cost
comes to $555,640. Because the bond no longer covers the costs of closure, it will need to be adjusted accordingly. In
8/21/24, 5:56 PM State of Utah Mail - DSHW-2024-002302
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-f:1788808180023361096&simpl=msg-f:178880818002336109…3/5
any case where the bond is altered, an updated copy of the bond (or the bond rider) needs to be submitted to DWMRC. If
the contract between the County and E.T. also needs to change, please send DWMRC an updated copy.
For bond-related questions, please contact our financial assurance specialist, Brent Gaschler ([e-mail], 385-
454-5330). I've already informed him about the situation, so he should have some ideas of how to easily sort things out.
In conclusion, if you could just send some additional information related to Comment 1 and work on updating the bond to
cover the closure costs adjusted for inflation, we will be good to go.
Please reach out with any questions!
Thanks,
Wade
[Quoted text hidden]
--
Wade Hess
Environmental Scientist | Solid Waste
Division of Waste Management and Radiation Control
Cell: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
[Quoted text hidden]
Interlocal Cooperation Agreement.pdf
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Patrick Craig <[e-mail]>Mon, Mar 25, 2024 at 2:59 PM
To: Wade Hess <[e-mail]>
Cc: Brian Speer <[e-mail]>, "Bell, Christopher" <[e-mail]>, "Lyons, Debbie"
<[e-mail]>, Ryan Lambert <[e-mail]>, "[e-mail]"
<[e-mail]>, Sarah Smart <[e-mail]>
Wade – the Solid Waste Management Council will be discussing Comment 1 at our next scheduled meeting
on March 27th at 2pm.
[Quoted text hidden]
Wade Hess <[e-mail]>Mon, Apr 8, 2024 at 11:50 AM
To: Patrick Craig <[e-mail]>
Hi Patrick,
Just following up to see if the Solid Waste Management Council came to any conclusions on the council being listed as a
Permittee on E.T.'s permit. Feel free to call or email with any updates.
Thanks,
Wade
[Quoted text hidden]
Patrick Craig <[e-mail]>Tue, Apr 9, 2024 at 8:26 AM
To: Wade Hess <[e-mail]>
8/21/24, 5:56 PM State of Utah Mail - DSHW-2024-002302
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-f:1788808180023361096&simpl=msg-f:178880818002336109…4/5
Wade – good morning. Our legal staff is preparing a response to Comment 1. I am checking on the status
of our response. Thanks
[Quoted text hidden]
Wade Hess <[e-mail]>Wed, Apr 10, 2024 at 9:37 AM
To: Patrick Craig <[e-mail]>
Great, thanks for the update!
[Quoted text hidden]
8/21/24, 5:56 PM State of Utah Mail - DSHW-2024-002302
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-f:1788808180023361096&simpl=msg-f:178880818002336109…5/5
SALT LAKE VALLEY SOLID WASTE
MANAGEMENT FACILITY
March 8, 2024
Brian Speer
Solid Waste Program Manager
Division of Waste Management and Radiation Control
1950 North 1950 West
Salt Lake City, UT 84116
RE: Draft Permit Review – E.T. Technologies, Inc. Soils Regeneration Site SW431
Dear Mr. Speer:
Please receive the following comments from Salt Lake County and Salt Lake City regarding the draft permit:
-Cover letter and Page 1 of the Draft Permit list the “Salt Lake Valley Solid Waste Management Council” as an
operator of this facility. ET is the sole operator of this facility as per the Contract with Salt Lake County.
-Page 2 of the draft lists the Owner Phone Number as 801-977-0731. This number belongs to ET. The correct
number would be 385-468-6370.
-Page 11 of the draft Section IV.A.2, specifically the requirement to begin closure activities within 30 days of final
receipt of waste, does not allow enough time to complete processing of all the waste received following the final
receipt of waste.
-Page 12 of the draft Section IV.C.1 requires an approved financial mechanism to cover the cost of Closure. Since
the Letter dated December 3, 2020, from ET to Patrick Craig is part of Attachment #2 – Closure and Post-Closure
Requirements of this draft, we assume that DEQ has approved the current financial assurance mechanism that is
in place between ET and Salt Lake County. If this is the case, Salt Lake County would need to complete an
amendment to the contract with ET to allow for the required adjustments in Section IV.D.1 of this draft. The
annual adjustment would need to be completed annually after December 2020.
If you have any questions, please contact me by email at [e-mail] or by phone at 385-522-4949.
Council Members
Scott Baird
Salt Lake County
Chris Bell
Salt Lake City
Joe Smolka
Mayor
Emigration Township Council of Governments
Dorothy Adams
Salt Lake County Health Department
Brent Beardall
Technical Expert
6030 West California Ave (1400 South)
Salt Lake City, Utah 84104
[phone]
http://slco.org/landfill/Patrick Craig
Executive Director
John (Yianni) Ioannou
Division Director
Sincerely,

Patrick A. Craig
Executive Director, Salt Lake County Solid Waste
P)(@'CJ/bLiG
Contract No.r)';.e ~/5@ e
D.A.0.2008-1285
SlC-C20fJ-rtLAer*D3-}D).~875-1
INTERLOCAL COOPERAnON AGREEMENT
SOLID WASTE MANAGEMENT
SALT LAKE COUNTY AND SALT LAKE CITY
RECORDED
OCT 07 2009
CITY RECORDER
THIS INTERLOCAL COOPERATION AGREEMENT (this "Agreement")is entered
into between SALT LAKE CITY CORPORATION,a Utah municipal corporation (the "CITY"),
and SALT LAKE COUNTY,a political subdivision of the State of Utah (the "COUNTY").The
CITY and the COUNTY are referred to collectively as the "Parties."
RECITALS
A.The Parties have legal responsibilities to provide solid waste management and
disposal services to their citizens.
B.The Parties desire to consolidate the management of their respective solid waste
management and disposal facilities in order to avoid the duplication of functions,to achieve
greater economies of scale and system efficiencies,to access more effective teclmologies,and to
provide integrated solid waste services for the public over the long term.
C.The Parties recognize that certain support functions with regard to operation of
consolidated solid waste functions could well be provided by the COUNTY and by the CITY.
D.The Parties have previously entered into an Interlocal Cooperation Agreement,
dated the 14 th day of November,2000,in which the above-mentioned goals were stated and
addressed.
PLEASE RETURN TO:
S,\LT LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
Attachment A(2)
E.Certain circumstances have arisen since the execution of that prior agreement that
require the Parties to amend and restate that agreement to the end that the Parties'goals may be
better accomplished.
F.The Utah Interlocal Cooperation Act,Title 11,Chapter 13,Utah Code Annotated,
1953,as amended,allows the Parties to enter into a cooperative agreement of mutual advantage
to provide services and facilities in the best interests of their needs and development and to
provide the benefit of economies of scale.
G.The Mayor of the CITY and the Mayor of the COUNTY have been authorized to
make and execute this amended Agreement as provided by law.In consideration of the
promises,representations and conditions set forth herein,the Parties agree as follows:
AGREEMENT
1.FACILITY.
The Parties shall jointly own and operate the Salt Lake Valley Solid Waste
Management Facility (together with any other joint solid waste transfer,processing,recycling,or
disposal facilities of the Parties,the "Facility").
2.SOLID WASTE MANAGEMENT COUNCIL.
A management council shall be established,to be known as the Salt Lake Valley
Solid Waste Management Council (the "COUNCIL").
3.APPOINTMENT OF COUNCIL MEMBERS.
The COUNCIL shall consist of five (5)members,as follows:the COUNTY's
Mayor,or a designee of said Mayor;the CITY's Mayor,or a designee of said Mayor;one elected
official,or a designee of said official,designated by the Salt Lake County Council of
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Govenunents,who is not an official or an employee of the COUNTY or the CITY but whose
municipality is served by the Facility;one member of the Salt Lake Valley Board of Health or the
Director of Health as designated by such Board,or a designee of the Salt Lake Valley Board of
Health or the Director of Health,as the case may be;and one member with technical expertise in
the field of solid waste management,said expert member to be selected by the COUNCIL
members who represent the CITY,the COUNTY,and the Salt Lake Valley Board of Health.
4.TERMS OF COUNCIL MEMBERS.
COUNCIL members shall have terms as follows:
A.Members required (0 be elected officials shall serve until expiration of the
current term of their elected office and may be reappointed for periods to coincide with
subsequent terms of their elected office.
B.Members designated by the Salt Lake Valley Board of Health shall serve
terms concurrent with their term on the Board of Health or as Director of Health;or a designee of
the Board of Health or Director of Health,shall serve until replaced by the Board of Health or
Director of Health,as applicable.
C.The term of the member of the COUNCIL selected for his or her technical
expertise in solid waste management shall be as determined by a majority of the COUNCIL
members,but shall not exceed four (4)years unless the member is reappointed by a majority of
the COUNCIL members for one additional period of not to exceed a period of four (4)years.
This provision limiting the term of the technical expert shall not be applied retroactively.
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5.REPLACEMENT OF COUNCIL MEMBERS.
Any COUNCIL member,except those who are elected officials whose terms have
not yet expired,may be replaced at any time by the authority through whom such members were
appointed.
6.OUORUM OF COUNCIL.
Four members of the COUNCIL shall constitute a quorum for the transaction of
business.
7.COUNCIL OFFICERS.
Beginning January 2,2009 the COUNTY's representative shall become chair of
the COUNCIL and the CITY's representative shall become the vice-chair of the COUNCIL,who
shall perform the duties of the chair during the absence or disability of the chair.On the first
business day of each subsequent calendar year the CITY'S representative and the COUNTY'S
representative shall trade positions as chair and vice-chair,as the case may be.
8.COUNCIL MEETINGS.
The COUNCIL shall convene for regular meetings to be held as determined by the
COUNCIL.Special meetings may be ordered by the chair or a majority of the COUNCIL
members.All meetings shall comply with the Utah Open and Public Meetings Act,Title 52
Chapter 4,Utah Code Annotated,1953,as amended.
9.APPOINTMENT AND REMOVAL OF THE DIRECTOR.
The COUNTY's Mayor,after consulting with the CITY's Mayor,and after
consulting with and receiving the recommendation of the COUNCIL,shall appoint an Executive
Director (the "Director")who shall be directly responsible to the COUNCIL for overseeing the
4
long term strategic planning,policy development,external affairs,financial management,
engineering,and operations of the Facility.The Director may only be removed by the
COUNTY's Mayor,after consulting with the CITY's Mayor and the COUNCIL.The Director
shall select employees for the Facility;however,the COUNCIL shall have the right to approve or
disapprove the number of the employees hired.Nothing herein shall prevent the COUNTY's
Mayor or designee from appointing a COUNTY merit employee as Director.Nothing herein
shall prevent the Director from occupying other positions under the COUNTY's merit system,
even though removed as Director.
10.POWERS AND DUTIES.
The COUNCIL shall have the following powers and duties:
A.To establish rules and regulations for the conduct of COUNCIL meetings
as the members shall deem advisable;provided,however,that such rules and regulations shall
not conflict with this Agreement or applicable COUNTY,CITY,state,or federal law.
B.To adopt and amend rules and regulations that it shall from time to time
deem to be in the public interest and most likely to advance,enhance,foster and promote safe
and efficient solid waste management relative to the business,use,and operation of the Facility,
and for the purposes of carrying out the objectives of this Agreement;but the operation of the
Facility and all rules and regulations in connection therewith shall not conflict with the terms of
this Agreement or any applicable CITY ordinance,COUNTY ordinance,state law,or federal
law.
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C.To establish rate structures and fees for services or facilities furnished to
the public or to any person,firm,or corporation,public or private,or for granting rights,
privileges,or concessions at the Facility.
D.To make determinations when required as to the public need and
convenience for concessionaires,services or facilities at the Facility.
E.To appoint committees to study,consider and make recommendations on
mailers to be presented to the COUNCIL.
F.To assist the Director in every way possible for the orderly operation of the
Facility and programs related to the Facility in order to best serve local requirements for solid
waste management.
G.To review not less often than yearly with the Parties the annual budget,
including income from all sources,the expenditures for all purposes,and the relationship of
anticipated revenues to anticipated expenditures including debt retirement,all with respect to the
Facility.
H.To review annually the disbursement of cash,if any,to the CITY and the
COUNTY from available funds that are not required for other purposes ..The cash shall be
divided equally between the COUNTY and the CITY.The CITY and COUNTY reserve
whatever right they may have to use their portion of any such disbursed funds for any
governmental purposes allowed by law.Nonetheless,both the COUNTY and the CITY must
mutually agree to any amount of funds to be distributed to the Parties.
1.To oversee the preparation and updates to the Salt Lake County Solid
Waste Management Plan.
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J.To approve a long tenn strategic plan for the benefit of the public welfare
and environment as proposed by the Director.
11.RECOMMENDATIONS OF THE COUNCIL.
The COUNCIL shall make recommendations to the CITY and the COUNTY
regarding the following:
A.The appointment and removal of the Director.
B.All construction and expansion projects for solid waste transfer,recycling,
processing and disposal operations,the cost of which exceeds ten thousand dollars ($10,000.00).
C.The expansion of facilities and the enhancement of old landfill sites for
beneficial use and the scheduling thereof.
D.The establishment of the general provisions of agreements,contracts,or
leases that may be brought before the COUNCIL.
E.The fixing and detennining the Facility's uses;provided that any use shall
be necessary or desirable for solid waste disposal or reclamation purposes;
F.The establishment of public policy for all major operations or activities
that require policy determinations.
G.The establishment of public policy regarding programs related to income
and revenue in order that the staging of capital improvement projects and land and equipment
acquisitions are within anticipated revenues and income projections.
H.The annual budget prepared by the fiscal manager of the Facility,for the
Facility,including a recommendation regarding the revenue necessary to provide funds for
operating expenditures.
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12.BUDGET.
The Council shall prepare and file with the Parties a budget for the Facility at such
time as the Parties shall designate.The budget shall contain a full and detailed estimate of the
revenue required during the ensuing year for maintenance and operations,showing therein the
number of employees,by classification,and the amount of salary and wages recommended for
each.The expenditures for maintenance and operations shall be limited to projected fee revenues
and budget appropriations made in advance by the Parties.The Parties agree that the Facility
shall be funded by fees through an enterprise fund and not from taxes.
13.REVIEW OF COUNCIL ACTIONS.
All actions which are not specifically delegated to the COUNCIL by this
Agreement shall be the responsibility of the CITY and the COUNTY.The COUNCIL shall
describe its planned actions by way of minutes of all meetings,taken in writing or electronically,
and submit the description to the business offices of the CITY's Mayor and the COUNTY's
Mayor.The CITY's Mayor and the COUNTY's Mayor shall thereafter each have power to
review,ratify, modify,or veto any action described by the COUNCIL.The CITY's Mayor and
COUNTY's Mayor or their designees shall promptly notify the COUNCIL,in writing or
electronically,of the actions taken by them.Actions shall take effect only upon ratification by
the CITY's and COUNTY's mayors.
14.ENABLING AUTHORITY.
The Parties shall adopt the ordinances and resolutions necessary to enable the
COUNCIL to act as required under this Agreement.
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15.COMPENSATION FOR COUNCIL MEMBERS.
COUNCIL members employed by a public entity shall serve without pay.
Privately-employed members shall be entitled to a fee set by the COUNCIL for attending each
meeting.The COUNCIL may alter that fee from time to time.All COUNCIL members shall be
reimbursed for actual and necessary travel and subsistence expenses while in attendance at
authorized COUNCIL meetings,conferences and seminars.
16.SOLID WASTE PROCESSING AND DISPOSAL SITES.
The Parties may obtain further property for use as a solid waste management site,
transfer station,or waste processing site under terms and conditions to be established at the time
of any future site acquisitions.
17.REAL AND PERSONAL PROPERTY.
Any real or personal property currently owned or acquired by the CITY or the
COUNTY for use by the Facility shall be owned equally by the Parties.Any real or personal
property shall be purchased and disposed of in compliance with applicable state and local statutes
and ordinances.Any proceeds from the disposition of property shall be used for the benefit of
the Facility or the Parties.
18.PERSONNEL.
All employees,except temporary employees,of the Facility shall be under the Salt
Lake County Merit system and their employment status shall be governed by the provisions of
that system.
9
19.SUPPORT SERVICES.
A.The following support services shall be provided by the Facility staff,the
COUNTY,the CITY and by private contractors on an administratively determined basis as
recommended by the Director,staff,and the COUNCIL and as approved by the respective
governing bodies of the COUNTY and the CITY.Such services shall include,without
limitation:
Attorney
Auditing
Engineering Support
Environmental Support
Payroll
Purchasing
Treasurer
Risk Management
Fleet Management
B.As the services are determined necessary,the COUNCIL may request
them from the COUNTY,the CITY,or a private contractor and the COUNTY,the CITY,or the
private contractor shall then perform said services for a fee set in advance by the COUNCIL.
The COUNCIL shall pay the fee upon receipt of itemized monthly billings from the
governmental agency or private contractor providing the service.
C.Each of the COUNTY and the CITY shall maintain separate,accurate,and
complete records of services performed by it or its agencies in providing the services
contemplated herein and shall make such records available upon request to the other Party and to
the COUNCIL or its staff.
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20.REIMBURSEMENT FOR SUPPORT SERVICES.
The CITY and the COUNTY shall be reimbursed from solid waste user fees for
the actual cost of support services performed and for the amounts of any claims (including tort
liability and worker's compensation)paid by either of the Parties as a result of the obligations
imposed by this Agreement.
21.EFFECTIVE DATE AND TERM.
The term of this Agreement shall commence upon its execution,and the duration
shall be fifty (50)years unless sooner terminated by a Party by giving the other Party one (I)year
written notice and making fmancial arrangements which are acceptable to the other Party.Any
early termination must be fair and equitable to all Parties and must insure the ongoing
management and operation of the Facility,unless all Parties desire to cease such operation of the
Facility,at which time the Facility's assets (land,buildings,equipment,and all other tangible
assets)shall be divided on a fair and equitable basis,which include consideration of
contributions made by the Parties and all other factors the Parties shall deem appropriate.
22.TERMINATION.
Upon termination of solid waste management and disposal operations under any
of the conditions set forth herein,the Parties shall retain responsibility for and shall equally share
in the cost of any work,services or materials required to restore,close,monitor,or change any
sites used in said operations to other uses,and shall comply with any applicable local,state,or
federal law or regulation in the event the COUNCIL terminates operations at any site in order to
continue operations at another.
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23.LIABILITY PROVISIONS.
A.The Facility shall maintain a designated reserve fund for personal injury
and property damage liability.The Facility shall be primarily liable to pay any claim,settlement,
fine or court award of damages to the extent funds are available,subject to the limits set forth in
the Utah Governmental Immunity Act,Section 63G-7-101,et seq.(UCA).
E.The Facility and the Parties shall pay only for claims arising from the
operation of the Facility.By entering into this Agreement neither Party waives any defense,
immunity,reservation of rights,or limits on liability set forth in the Governmental Immunity Act.
C.If funds are not available in a reserve account or if insufficient funds are
available,each Party shall be secondarily liable in an equal amount to pay any claim,settlement,
fine or court award of damages.
D.A separate account shall be maintained for environmental liability
purposes.The Facility shall be primarily liable to pay any claim,settlement,court award of
damages,or fine imposed to the extent funds are available in the account.If funds are not be
available or if insufficient funds are available,each Party shall be secondarily liable in an equal
amount to pay any claim,settlement,court award of damages or fine.The funds in this account
shall be available for all landfill parcels operated jointly or individually by the Parties, subject to
review and approval by the respective governing bodies of the Parties.
24.SUPERSEDING.
This Agreement shall supersede that certain Interloca1 Cooperation Agreement
between the Parties dated November 14,2000,and shall also supersede any provisions of an
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earlier agreement,dated August 25,1980,which may be still considered applicable to any
operation of the Facility,which former agreements shall henceforth be null and void.
25.REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OR
COUNTY OFFICERS AND EMPLOYEES AND FORMER CITY OR COUNTY OFFICERS
AND EMPLOYEES.
Each Party represents that it has not:(1)provided an illegal gift or payoff to a
CITY or COUNTY officer or employee,or former CITY or COUNTY officer or employee,or
his or her relative or business entity;(2)retained any person to solicit or secure this Agreement
upon an agreement or understanding for a commission,percentage,brokerage or contingent fee,
other than bona fide employees or bona fide commercial selling agencies for the purpose of
securing business;(3)knowingly breached any of the ethical standards set forth in the CITY's
conflict of interest ordinance,Chapter 2.44,Salt Lake City Code or the COUNTY's Ethics Code,
Chapter 2.07,Salt Lake County Code of Ordinances;or (4)knowingly influenced,and hereby
promises that it will not knowingly influence,a CITY or COUNTY officer or employee or
former CITY or COUNTY officer or employee to breach any of the ethical standards set forth in
the CITY's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code or the COUNTY's
Ethics Code,Chapter 2.07,Salt Lake County Code of Ordinances.
SALT LAKE CITY CORPORATION
By-/fllJ<~_~CITY
PLEASE RETURN TO:
Sfc,1..T LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
13
APPROVED AS TO fORM
Salt Lake City Attorney's 0lIl08
Date to -c;~Cl9
By ¥-1-1C=::
SALT LAKE COUNTY
By_-ll-/li!W-'------'----=:........L-~__=___
Mayor or Designee
STATEOFUTAH )
ss.
County of Salt Lake )
On this q day of :,,)IAj~,2009,personally appeared before me
ou,~IJ~j Um~li'e,,who being duly sworn,did say that (s)he is the
U',d :~\>\..i;t'R t.ve..-()f-fi ¢-411,of Salt Lake County,Office
of Mayor,and that the foregoing instrument was signed on behalf of Salt Lake County,by
authority oflaw.
SEAL]
I),
KAREN R.LOWE'~
W''''''''''NOTARY PUBLIC·STATE OF UTAH:.~;
2001 S.STATE STREET N-2100
SALT lAKE CITY.UT 841 90
MyComm.Exp.01/08/2010
PLEASE RETURN TO:
SIl,I.T LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
NOTARY VELIC
Residing in Salt Lake County,Utah
14
SALT LAKE COUNTY UTAH
RESOLUTION No.Yd-q0 Date:JiAne 30,;}ooq
1
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING
THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN SALT LAKE
CITY CORPORATION,A MUNICIPAL CORPORATION OF THE STATE OF UTAH
AND SALT LAKE COUNTY,A BODY CORPORATE AND POLITIC OF THE STATE
OF UTAH FOR THE JOINT OWNERSHIP AND OPERATION OF THE SALT LAKE
VALLEY SOLID WASTE MANAGEMENT FACILITY AND RELATED FACILITIES.
SiJ6JecTfofu flO Vi7j()(l~bf ~11-13-20'}...'5 rv
WHEREAS,the Legislature of the State of Utah has providefin Title 11,Chapter 13,of
Utah Code Ann.(1953,as amended),ElHElsj3eeifieBlly in §11-13-181,that any two or more
public agencies may enter into agreements with one another for joint or cooperative action
following the adoption of an appropriate resOlu~iO by the gev@fHwgbodyofeachparticipatingOM
publIc agency pnor to such agreement entenng to force;and 19A'S-1..()h~-,
uJhtlt te~ulT1#~sfqjv{r£,-J'
WHEREAS,Salt Lal,e City and Salt Lake County,both public agencies of the state of
Utah,have previously entered into an interlocal agreement for the joint ownership and operation
of the Salt Lake Valley Solid Waste Management Facility and related facilities;and
WHEREAS,the parties desire to restate and amend said agreement to provide for
changes in the sharing of the revenues of said agreement and to restate other portions of the
agreement to accommodate changes in the operation and management of the facilities;and
WHEREAS,the restated agreement requires Salt Lake County to employ staff to
manage and operate the facilities and annually budget for said staff and related expenses
necessary for the efficient operation and management of the facilities.
NOW,THEREFORE,BE IT RESOLVED by the County Council of Salt Lake County
that the amended and restated interlocal agreement between Salt Lake City Corporation and Salt
Lake County for the joint operation of the Salt Lake Valley Solid Waste Management Facility
and related facilities and operations is hereby approved and the Mayor of Salt Lake County is
hereby authorized and directed to execute the same on behalf of Salt Lake County.
APPROVED AND ADOPTED BY THE COUNTY COUNCIL OF SALT LAKE
COUNTY,STATE OF UTAH,THIS~InAYOF Win'€.-,2009.
PLEASE RETURN TO:
r\LT LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
ATTEST:
Salt Litke County Clerk
Pte9/bL!C
1(&..50 CU 1/0 tV l(.;z.q (J
SALT LAKE COUNTYCOUNCIL
By_----c-.;-¥=-:---::-:----:-_
tch,Chair
ke County Council
PLEASE RETURN TO:
AKE COUNTY CONTRACTS
J1 S.STATE ST.#N4500
P.LT LAKE CITY,UT 84190
Councilmember Allen voting
Councilmember Bradley voting
Councilmember Burdick voting
Councilmember Hatch voting
Council member Horiuchi voting
Councilmember Iwamoto voting
Councilmember Jensen voting
Councilmember Wilde voting
Councilmember Wilson voting
Salt Lake City Corporation
Contract Activation
Contract Nbr:03 3 01 8875 1 Status:A City Wide:N--------
Title:INTERLOCAL -MGMT OF SOLID WASTE MGMT FACILr
Vendor 03141 SALT LAKE VALLEY SOLID WASTE
Dept Contact:LINDA BENTON
Starts:10/6/2009 Ends:10/5/2059
Term:50 Units:YR
0.00Limit:------'--
Contract Activation was successful.
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Attachment B
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