[§46-85]  Contracts for solid waste
disposal.  Any other law to the contrary notwithstanding, a county is
authorized from time to time to contract with users or operators of a project
for the abatement, control, reduction, treatment, elimination, or disposal of
solid waste, whether established or to be established under chapter 48E or as a
public undertaking, improvement, or system under chapter 47 or 49, or
otherwise.  The contract may be included in an agreement, may be for such
periods as agreed upon by the parties, and, without limiting the generality of
the foregoing, may include:



(1)  Provisions for the delivery to the project of
minimum amounts of solid waste and payments for the use of the project based on
the delivery of the minimum amounts (which payments the political subdivision
may be obligated to make, whether or not such minimum amounts are actually
delivered to the project);



(2)  Unit prices, which may be graduated; and



(3)  Adjustments of the minimum amounts and the unit
prices.



The payments, unit prices, or adjustments need
not be specifically stated in the contract but may be determined by formula if
set forth in the contract.  The contract may include provisions for arbitration
and reasonable restrictions against other disposal by the county or by other
public or private entities or persons over which the county shall have
jurisdiction of the substances covered by the contract while the contract is in
force and disposal under the contract is practicable. [L 1983, c 237, pt of §3]



 



Attorney General Opinions



 



  The supreme court in Konno v. County of Hawaii rejected the
county's §76-77(10) argument not because §46-85 made no reference to civil
service laws but because the court was not convinced that §46-85's
authorization to contract applied to both garbage-to-energy plants and
landfills.  Att. Gen. Op. 97-6.



 



Case Notes



 



  Landfill worker positions were within civil service where
position not specifically exempted by another statute as provided by §76-77(10)
and this section mentions nothing about civil service nor does it include a
specific exemption.  85 H. 61, 937 P.2d 397.