HomeMy Public PortalAboutAgreement_1997-09-03_Puente Hills LandfillRESIDENTIAL WASTE INDEMNIFICATION AGREEMENT
PUENTE HILLS LANDFILL
This Indemnification Agreement, effective t r; 1997 , is entered into by
and between County Sanitation District No. 2 of Los Angeles County, a special district formed
and operating pursuant to the provisions of the County Sanitation District Act, Health & Safety
Code §§ 4700, et seq. ("District"), and the City of Temple City , a
municipal corporation ("City").
WHEREAS, District, as the agent for other county sanitation districts named
therein, operates the Puente Hills Landfill pursuant to that certain Sanitation Districts Solid
Waste Management System Agreement effective February 21, 1996.
WHEREAS, the Puente Hills Landfill is classified as a Class III Landfill by the
State Water Resources Control Board pursuant to Article 2, Chapter 15, Division 3, Title 23
California Code of Regulations, and is authorized to accept Residential Waste, but is not
authorized to accept "Hazardous Waste" as that term is defined in 23 California Code of
Regulations § 2521(a).
WHEREAS, experience has shown that the active participation of local
communities can help reduce the risk of illegal disposal of Hazardous Waste into the residential
waste stream.
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WHEREAS, City has agreed to discharge the duties identified in Section 3 hereof.
WHEREAS, by so doing, City will help reduce the potential for introduction of
Hazardous Waste onto the Puente Hills Landfill thereby reducing the likelihood that said site will
be the subject of an action under the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, Public Law 96-510 42 U.S.C. §§ 9601, et seq.
("CERCLA"), or under the California Carpenter -Presley -Tanner Hazardous Substance Account
Act, Health and Safety Code §§ 25300, et seq. ("HSAA").
WHEREAS, the effective regulation of residential waste haulers by City is essential to
achieving the objectives above set forth.
NOW, THEREFORE, in consideration of the premises set forth herein and the
mutual obligations of District and City hereinafter set forth, the parties agree as follows:
1. Purpose
The purpose of this Agreement is to protect City from incurring the
expense of defending litigation brought under either of the Acts above described in respect to
Residential Waste collected within City's incorporated area through collection by City or by
others under contract, franchise or license entered into with or granted by City where the City
has fully discharged its obligations as described in Section 3 hereof, and the Residential Waste
was deposited at the Puente Hills Landfill.
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2. District Obligations
In consideration of the undertakings described in Section 3 below, District agrees
to indemnify and hold harmless City, its officers, attorneys, representatives, consultants, agents,
employees, and volunteers from and against any and all liability, claims, loss, costs, damages,
demands, liens, judgments, fines, penalties, natural resource damages, all "response" or
"remedial action" costs (as those terms are defined in CERCLA), fees of attorneys and
consultants or expert witnesses, and all other direct or indirect expenses which City may sustain
or incur by reason or in consequence of the assertion by others, including any governmental
entity, of rights, obligations or causes of action set forth in or arising under CERCLA or HSAA
or in other similar federal, state or local laws or regulations in effect as of the date hereof and
as CERCLA, HSAA or such other similar law or regulation exists as of the date hereof,
provided that such rights, obligations or causes of action relate to City's Residential Waste
disposed of at the Puente Hills Landfill either prior to or subsequent to the date of this
Agreement.
The performance of each of the obligations of City as set forth in Section 3 hereof shall
constitute conditions precedent to the obligation of District to indemnify City as set forth above.
As a further condition to District's duty of indemnity, City shall tender to District
the defense of any action brought by another which is subject to this Agreement. Thereafter,
District shall have the right, at its expense, to defend or settle such action in good faith, after
consultation with and taking into consideration the interests of City.
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3. City Obligations
a. City shall participate as set forth herein in the countywide
household Hazardous Waste program which is currently managed
by the County of Los Angeles and District. City's participation
shall consist of assisting District staff in the location of appropriate
collection sites, distributing flyers, furnishing information to
service groups and encouraging such groups to disseminate
information about pending household Hazardous Waste programs
in the vicinity of City. Further, when requested, and to the extent
practicable, City shall assist District staff in securing the consent
of the owner of any proposed collection site that lies within City's
incorporated area, assist in traffic control and otherwise comply
with all reasonable requests of District staff that relate to any
sponsored household Hazardous Waste program that is conducted
in the vicinity of City.
b. To promote public education and the dissemination of information,
City agrees to take all reasonable steps to educate and inform City
residents on the proper storage and disposal of household
Hazardous Waste through various means, including, but not
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necessarily limited to, the distribution of leaflets and packets, and
instruction on the use of alternatives to hazardous material.
C. To the extent it has the ability to do so, and as part of any new,
renewed, or amended contract, franchise, or license granted by
City, City shall require all haulers of Residential Waste which
operate within City's incorporated area to implement and maintain
a training program that will help the hauler's employees to identify
and properly dispose of any Hazardous Waste that may come into
their possession, and further to require said haulers to assist City
in disseminating such information to local households.
d. City shall use reasonable diligence to enforce all applicable laws
and regulations pertaining to the disposal of Hazardous Waste that
may be included in Residential Waste disposed at the Puente Hills
Landfill.
e. Upon execution of this Agreement, City shall certify in writing to
District that it is currently in full compliance with all applicable
provisions contained herein, or has implemented a program to
insure such compliance. Similarly, on or before each January 31
thereafter until such time as the Puente Hills Landfill is officially
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and properly closed pursuant to existing state and federal laws and
regulations, City shall certify in writing to District whether or not
it has been in full compliance with this Agreement at all tunes
during the preceding calendar year or applicable portion thereof.
f. Each of the obligations above set forth shall be binding on City
during such period or periods of time as the Puente Hills Landfill
is used for the disposal of any Residential Waste originating within
City's incorporated boundaries.
4. Residential Waste
For purposes of this Agreement, "Residential Waste" shall mean all putrescible
and non-putrescible solid and semisolid and liquid waste, including garbage, trash, refuse, paper,
rubbish, ashes, discarded home appliances, manure, vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid waste which are derived from households
(including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day use recreation areas), and includes all
"Residential Refuse", as that term is defined in 14 California Code of Regulations § 17225.57,
and all "Household Waste", as that term is defined in Health and Safety Code § 117670 and
in 14 California Code of Regulations § 17258.2(c), and which wastes are collected within City's
incorporated area.
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5 . . Term
This Agreement, including the indemnification provided in Section 2, shall
remain in full force and effect upon its execution, until such time as the Puente Hills Landfill
is officially and properly closed pursuant to existing state and federal laws and regulations, plus
30 years from the date such closure of the landfill is completed. However, City's obligation to
discharge the duties identified in Section 3 hereof in respect to Residential Waste disposed of
at the Puente Hills Landfill shall only remain in effect during the period or periods prior to such
closure as specified in Subsection 3.f. hereof.
6. No Admission of Liability or Waiver
This Agreement shall not be construed in any manner as an admission by any
party hereto of any liability or responsibility of any kind or nature to each other or to any other
party, nor shall it be considered or interpreted as an assumption of any liability by any party
hereto under CERCLA, HSAA, or any similar federal, state, or local law or regulation, and the
parties expressly disclaim any such liability or responsibility or potential liability or
responsibility.
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In witness whereof, District and City have executed this Agreement to be effective
on the date above set forth.
CITY OF Temple City
By:
MA OR
Date: August 25, 1997
ATTEST:
By�
�__ ty Clerk
Date: Aucrust 25, 1997
APPROVED AS TO FORM:
COUNTY SANITATION DISTRICT NO.
2 OF LOS ANGELES COUNTY
By: �!Z(4�4
Chief Engineer and Gene&l Manager
Date: 4/3 / � 7
ATTEST:
By �- I
Secretary
Date: SFp 31997
APPROVED AS TO FORM:
KNAPP, MARSH, JONES & DORAN
By: By:
City Attorney District Counsel
NETRUMT�MME
Date: 6 -,'2 f'--ei:(
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