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AGREEMENT <br />FOR <br />OPERATION OF TRANSFER STATIONS <br />HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE <br />HAULING OF INERT, DEMOLITION DEBRIS WASTE <br />HAULING, PROCESSING, AND MARKETING OF RECYCLABLES <br />1. 'PURPOSE. This agreement is made and entered into between KITTITAS COUNTY, a municipal <br />corporation in the State of Washington (here after referred to as "County"), and Waste Management of <br />Washington, Inc., on behalf of itself and its affiliates, (hereafter referred to as the "Company"). This <br />agreement provides for the operation of the Upper County Transfer Station; the operation of the Ellensburg <br />Transfer Station; the hauling of municipal solid waste; the hauling of yard waste from the Upper County <br />Transfer Station to the Ellensburg Compost Facility; and the hauling, processing and marketing of <br />recyclables materials collected at the Upper_ County Transfer Station and the Ellensburg Transfer Station, <br />all in accordance with local, state and federal laws. This Agreement excludes the operations of the scale <br />houses at the transfer stations and the Ellensburg Compost Facility, which are the sole responsibility of <br />the County. <br />2. AGREEMENT AS INCLUDING ENTIRE AGREEMENT. This instrument embodies the whole <br />agreement of the parties hereto. There are no promises terms, conditions, or obligations other than those <br />contained herein. This Agreement shall supersede all previous communications, representations, <br />negotiations, or agreements, either verbal or written, between the parties hereto. <br />3. RESCISSION OF PRIOR AGREEMENTS. The Parties hereto, in consideration of entering into <br />this Agreement, mutually agree that all prior agreements, in writing or verbally, are rescinded, terminated <br />and canceled as of the signing of this Agreement. This includes any and all preliminary or other written <br />or verbal agreements entered into during the negotiation discussion, development and drafting of this <br />Agreement. <br />4. DEFINITIONS. <br />a) Apple Maggot Quarantine Area: The majority of Kittitas County (83%) is within an Apple <br />Maggot Quarantine area. Both municipal green waste (MGW) and municipal solid waste <br />(MSW) are currently listed as regulated commodities under the apple maggot quarantine rule. <br />RCW 70.95 was amended in 2016 to prevent the spread of agricultural plant pathogens and <br />pests. <br />b) Asbestos Waste: Asbestos waste is any material containing more than one percent (IO/a) of <br />asbestos by weight. The National Emissions Standards for Hazardous Air Pollutants <br />(NESHAPS), 40 CFR Part 61, are the regulations governing the handling, transportation and <br />disposal of asbestos and asbestos containing materials. The Washington State Department of <br />Ecology Air Quality division also regulates issues regarding asbestos, and the Washington <br />State Department of Labor and Industry regulates worker related concerns. <br />