MATTER OF CATALYST WASTE-TO-ENERGY CORP. OF LONG BEACH


164 A.D.2d 817 (1990)

In the Matter of the Arbitration between Catalyst Waste-to-Energy Corporation of Long Beach, Appellant, and City of Long Beach, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

August 23, 1990


Respondent and petitioner's predecessor entered into an agreement pursuant to which a solid waste incinerator facility would be constructed, and respondent would deliver solid waste to the facility for a period of 20 years. The contract provides that respondent pay a "tipping fee" for each ton of solid waste delivered for processing, the amount to be calculated annually by means of a formula set forth in the agreement. In addition, a cap is placed on the tipping fee equal...

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