Expansion Having At Least 2 Million Cubic Yards Sample Clauses

Expansion Having At Least 2 Million Cubic Yards. In the event that SHL receives one or more ATOs for a Phase 2 Expansion having an aggregate waste disposal capacity of 2 million cubic yards or more, (i) SHL will assume the obligation to perform all Post-Closure Activities with respect to the Existing Landfill, the Phase 1 and Phase 2 Expansions, and including on-site treatment of groundwater to the extent required by MassDEP, (ii) all sums in the Post-Closure Escrow shall subsequently be disbursed to SHL in accordance with the schedule set forth in Section 3.1(x)(b), below, for the costs of Post-Closure Activities, and (iii) SHL will pay no further post-closure fees to the Town. The parties anticipate that MassDEP will indicate whether an expansion of at least 2 million cubic yards is feasible. When/if MassDEP issues a conceptual approval for the Phase 2 Expansion at the beginning of the permitting process for the Phase 2 Expansion, however, the requirement for SHL to assume the obligation set forth in this Section shall not attach until an ATO is issued that provides capacity for the Phase 2 Expansion in the aggregate of 2 million cubic yards or more.
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