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

(1)  Provisions for the delivery to the project ofminimum amounts of solid waste and payments for the use of the project based onthe delivery of the minimum amounts (which payments the political subdivisionmay be obligated to make, whether or not such minimum amounts are actuallydelivered to the project);

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

(3)  Adjustments of the minimum amounts and the unitprices.

The payments, unit prices, or adjustments neednot be specifically stated in the contract but may be determined by formula ifset forth in the contract.  The contract may include provisions for arbitrationand reasonable restrictions against other disposal by the county or by otherpublic or private entities or persons over which the county shall havejurisdiction of the substances covered by the contract while the contract is inforce 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 thecounty's §76-77(10) argument not because §46-85 made no reference to civilservice laws but because the court was not convinced that §46-85'sauthorization to contract applied to both garbage-to-energy plants andlandfills.  Att. Gen. Op. 97-6.

 

Case Notes

 

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