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Hawaii Revised Statutes Division 1. Government § 46-85

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<This section is suspended through the disaster emergency relief period. See the Emergency Proclamation for COVID-19 (2019 HI EO P20-23) signed on March 4, 2020, and executive actions issued subsequent thereto.>

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.

Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 46-85 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-46-85.html


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