2009-004 Solid Waste - UNC - Landfill Gas Agreement

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and applicable Laws. The U1iversity shall be responsible for any additional incremental costs incurred by the County for disposing of any suc11 Waste Materials, including, without limitation, additional wastewater treatment charges or surcharges. If any Waste Materials camlot be lawfully disposed of at the Landfill or through the County's permits, then the University shall be responsible at its sole cost and expense for any 1lecessary off-site disposal of such materials regardless of whether they are deemed a hazardous material or waste. C. The County's Operating Responsibilities 69. The County agrees to maintain the landfill cover in accordance with any applicable requirements of the Landfill Permits. The County further agrees to make coinlnercially reasonable effol-ts to repair cracks, fissures, erosion or other adverse conditions in the Landfill that (i) may materially. affect the LFG Collection System's capture of Landfill Gas or (ii) cause fugitive emissions of Landfill Gas from the Landfill. 70. The County shall be responsible for complying with the Landfill Pernits and all Laws applicable to the operation and maintenance of the Landfill, mcludmg, but not limited to, applicable provisions of the Operational Requirements for MSWLF Facilities, 15A NCAC 13B.1626. 71. The County shall make commercially reasonable efforts to develop and operate the Landfill to e11l1ance the production.of Landfill Gas; provided, however, that nothing in this Agreement shall obligate the County to incur any costs or expenses to enhance the production of Laldfill Gas or to take any action inconsistent with the terns and conditions of any Landfill Pernits or applicable Laws. 72. The County is not obligated to deliver the Landfill Gas at any minimum flow rate or pressure and shall not be obligated to install or operate any of the facilities (including compression or vacuum facilities) to deliver the Landfill Gas. 18