2000_Resolutions - Laserfiche WebLink

Home Browse Search

(including public authorities similar to the RSWA whose purpose is to provide solid waste • management, collection and/or disposal services to the public) meeting the criteria established herein; (iii) a summary of the material provisions of the waste transfer agreements and the relevant delivered prices specified in the applicable waste transfer agreements; and (iv) the rationale employed by the RSWA on which it bases its decision that the criteria for rejecting the bids and proceeding with the permitting process for a new MSW disposal cell as contemplated in this Agreement. Plaintiffs or their representative(s) shall have thirty (30) days in which to respond to the RSWA in writing, and if the Parties cannot agree on whether this provision may be invoked by the RSWA under the terms of -this Agreement, the matter shall be presented to the United States Magistrate Judge for the Federal District Court for the Western District of Virginia, Charlottesville Division, for resolution. Should the Plaintiffs wish to challenge the determination of the RSWA to proceed with the permitting process, they shall file a motion with • the Court, and the Defendants shall submit all relevant materials to the Court under seal for an in • camera determination whether the criteria specified herein have been met sufficiently to allow the RSWA to commence the permitting process for a new MSW cell as contemplated in this Agreement. If, after following the protocol set forth above the RSWA does not enter into a new MSW transfer/disposal contract and determines to seek a permit amendment (or a new permit) authorizing the RSWA to construct a new cell for MSW disposal, the location of any such new cell shall be generally located in the area identified as Cell 8 shown on Exhibit 1. The exact boundaries of Cell 8 are subject to DEQ approval; however, the area in terms of acreage of any proposed Cell 8, as built, shall be less than or equal to the area for Cell 8 depicted in Exhibit 1. The area identified as Cell 8 on Exhibit 1 also can be used by the RSWA for: (i) the storage and deposit of inert waste; and/or (ii) the storage and related grinding of any land clearing debris 9