Common use of Disposal Requirements Clause in Contracts

Disposal Requirements. S. Article 5, Section 7 of the Agreement is hereby amended to read as follows: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement 5.7.1 Contractor shall Process and/or Dispose of all Discarded Materials Collected under this Agreement at Contractor's own expense and in accordance with all Applicable Law. Contractor shall be responsible for securing an appropriate location for Disposal of all Solid Waste and Processing of all Recyclable Materials and Organic Materials Collected by Contractor pursuant to this Agreement. 5.7.2 Contractor shall secure within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's customers. The landfill Disposal site must be designed and constructed in accordance with all applicable State and local laws (e.g., CEQA, California Code of Regulations, etc.). District reserves the right to review and require approval for said Disposal capacity commitments. 5.7.3 If Contractor receives notice from an Approved Facility operator or otherwise finds, during the term of this Agreement, to be prevented from delivering any Discarded Materials to the appropriate Approved Facility, Contractor shall immediately notify, in writing, the General Manager, stating the reason(s) Contractor is prevented, or expects to be prevented, from delivering Discarded Materials to the Approved Facility. Contractor shall expeditiously identify and evaluate alternative sites. An alternative Disposal and/or Processing Facility shall be arranged for and secured by Contractor. 5.7.4 The parties understand and agree that District intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, SB 1383 and other Applicable Laws, as amended or such other programs as may be established by District. 5.7.5 Contractor shall deliver all Solid Waste to the Approved Disposal Facility which collects the San Xxxx Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If Contractor delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust - Site Fund # 0160. 5.7.6 Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which Contractor delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's failure to pay. 5.7.7 As of March 1 , 2007, the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by Contractor shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees.”

Disposal Requirements. S. Article 5, Section 7 of the Agreement is hereby amended to read as follows: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement 5.7.1 Contractor A. Franchisee shall Process and/or Dispose of all Discarded Materials Solid Waste Collected under this Agreement at ContractorFranchisee's own expense and in accordance with all Applicable LawFederal, State, and local laws, rules, and regulations. Contractor Franchisee shall be solely responsible for securing an appropriate location Approved Facility(ies) for Disposal of all Solid Waste and Processing of all Recyclable Materials and Organic Materials Collected by Contractor Franchisee pursuant to this Agreement. 5.7.2 Contractor B. Franchisee shall secure secure, within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site Facility capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's Franchisee’s customers. The landfill Disposal site must be designed and constructed in accordance with all applicable State and local laws (e.g., CEQA, California Code of Regulations, etc.). District reserves the right to review and require approval for said Disposal capacity commitments. 5.7.3 C. If Contractor Franchisee receives notice from an Approved Facility operator operator, or otherwise finds, during the term Term of this the Agreement, to be prevented from delivering any Discarded Materials Solid Waste to the appropriate Approved Disposal Facility, Contractor Franchisee shall immediately notify, in writing, the District General Manager, Manager stating the reason(s) Contractor Franchisee is prevented, or expects to be prevented, from delivering Discarded Materials to Solid Waste at the Approved Facility. Contractor Franchisee shall expeditiously identify and evaluate alternative sites. An alternative Disposal and/or Processing Facility or Facilities shall be arranged for and secured by ContractorFranchisee. 5.7.4 D. The parties Parties understand and agree that District intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, SB 1383 and other Applicable Laws, as amended or such other programs as may be established by District, as amended. 5.7.5 Contractor shall deliver E. Franchisee hereby agrees to Dispose of all or a portion of the Solid Waste to the Approved Disposal Facility which collects the San Xxxx Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, collected pursuant to County Resolution No. 90-383. If Contractor delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust - Site Fund # 0160. 5.7.6 Payment of the equivalent fees shall this Agreement in such manner as may be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which Contractor delivers waste to an alternate facilityreasonably designated by District. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay District designates a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annumdifferent manner of, or location for, Processing or Disposal of Solid Waste or Recyclable Materials, or Organic Materials than anticipated in this Agreement, District shall defend, indemnify and save harmless Franchisee, its officers, agents and employees from any and all claims, demands, damages, costs, expenses (including attorney’s fees), judgments or liabilities arising out of, or connected with the maximum legal rate manner, or location for Processing or disposing of interestthe Solid Waste, whichever is greater, from as designated by the date of Contractor's failure to payDistrict. 5.7.7 As F. In the event Franchisee's costs decrease or increase as a result of March 1 District designating a different manner of, 2007or location for, the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by Contractor Processing or Disposal of than anticipated in this Agreement, either Franchisee or District may request an adjustment in Collection rates which adjustment shall be sent to effective at the County Franchise Coordinator along with an itemized statement regarding how time the payment was calculateddesignated manner of Disposal begins. Payments District will not unreasonably deny any such adjustment. In the event Franchisee receives any additional compensation for the value, if any, of the Solid Waste Recyclable Materials Disposed in such a manner, such compensation shall be adjusted considered in connection with future rate adjustments. G. Franchisee shall keep all existing permits and approvals necessary for use of the Approved Facility(ies) in Full Regulatory Compliance. Upon request, Franchisee shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility Subcontractor if necessary) to reflect any future changes in the amount of these feesand District General Manager.”

Disposal Requirements. S. Article 5, Section 7 of the Agreement is hereby amended to read as follows: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement 5.7.1 Contractor Franchisee shall Process and/or Dispose dispose of all Discarded Materials Collected solid waste and recyclable materials collected under this Agreement at ContractorFranchisee's own expense and in accordance with all Applicable LawFederal, State and local laws, rules, and regulations. Contractor Franchisee shall be responsible for securing an appropriate location for Disposal disposal of all Solid Waste solid waste and Processing processing of all Recyclable Materials and Organic Materials Collected recyclable materials collected by Contractor Franchisee pursuant to this Agreement. 5.7.2 Contractor . Franchisee shall secure within ninety (90) 90 days of the Effective Date effective date of this Agreement, sufficient Disposal disposal site capacity commitment including landfill Disposal disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal garbage disposal needs of Contractor's Franchisee’s customers. The landfill Disposal site must be designed and constructed in accordance with all applicable State and local laws (e.g., CEQA, California Code of Regulations, etc.). District reserves the right to review and require approval for said Disposal disposal capacity commitments. 5.7.3 . If Contractor Franchisee receives notice from an Approved Facility the landfill operator or recyclables processor or otherwise finds, during the term of this the Agreement, to be prevented from delivering any Discarded Materials garbage to the appropriate Approved Facilitydesignated site, Contractor Franchisee shall immediately notify, in writing, the General District Manager, stating the reason(s) Contractor Franchisee is prevented, or expects to be prevented, from delivering Discarded Materials to garbage at the Approved Facilitydesignated facility. Contractor Franchisee shall expeditiously identify and evaluate alternative sites. An alternative Disposal and/or Processing Facility designated site or sites shall be arranged for and secured by Contractor. 5.7.4 Franchisee. The parties understand and agree that District intends to commence and participate in waste Diversion diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, SB 1383 and other Applicable Laws, as amended or such other programs as may be established by District. 5.7.5 Contractor . Franchisee shall deliver all garbage to any landfill, Material Recovery Facility, or Solid Waste to the Approved Disposal Facility which collects the San Xxxx Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383383 and such other resolutions, tipping fee agreements or other actions adopted by the County, the IWMA and other local entities. If Contractor the Franchisee delivers garbage to a landfill, Material Recovery Facility, or Solid Waste to a landfill Facility which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, Contractor the Franchisee will make, on a monthly basis, the equivalent payment directly to the County's ’s Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust - Site Fund # 0160. 5.7.6 . Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which Contractor the Franchisee delivers waste to an alternate facility. In the event that Payment payment is not received by County within thirty (30) days after the date specified, then Contractor Franchisee shall pay a penalty of ten percent (10%) percent on the outstanding balance, and Contractor Franchisee shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's Franchisee’s failure to pay. 5.7.7 . As of March 1 1, 2007, 2001 the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Tonton. Payments made by Contractor the Franchisee shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees. In the event Franchisee's costs decrease or increase as a result of District designating a different manner of, or location for, processing or disposal of than anticipated in this Agreement, either Franchisee or District may request an adjustment in collection rates which adjustment shall be effective at the time the designated manner of disposal begins. District will not unreasonably deny any such adjustment. In the event Franchisee receives any additional compensation for the value, if any, of the garbage or recyclables disposed in such a manner, such compensation shall be considered in connection with future rate adjustments.”

Disposal Requirements. S. Article 5, Section 7 5.7 of the Agreement is hereby amended to read as follows: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement: 5.7.1 A. Contractor shall Process and/or Dispose of all Discarded Materials Solid Waste Collected under this Agreement at Contractor's own expense and in accordance with all Applicable LawFederal, State and local laws, rules, and regulations. Contractor shall be responsible for securing an appropriate location Approved Facility(ies) for Disposal of all Solid Waste and Processing of all Recyclable Materials and Organic Materials Collected by Contractor pursuant to this Agreement. 5.7.2 B. Contractor shall secure secure, within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's customersCustomers. The landfill Disposal site must be designed and constructed in accordance with all applicable State and local laws (e.g., CEQA, California Code of Regulations, etc.). District City reserves the right to review and require approval for said Disposal capacity commitments. 5.7.3 C. If Contractor receives notice from an Approved Facility operator operator, or otherwise finds, during the term of this the Agreement, to be prevented from delivering any Discarded Materials to the appropriate Approved FacilityFacility(ies), Contractor shall immediately notify, in writing, the General City Manager, stating the reason(s) Contractor is prevented, or expects to be prevented, from delivering Discarded Materials to Solid Waste at the Approved Facility. Contractor shall expeditiously identify and evaluate alternative sites. An alternative Disposal and/or Processing Facility designated site or sites shall be arranged for and secured by Contractor. 5.7.4 D. The parties Parties understand and agree that District City intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, SB 1383 and other Applicable Laws, as amended or such other programs as may be established by DistrictCity. 5.7.5 E. Contractor shall deliver all Solid Waste to the Approved Disposal Facility any landfill which collects the San Xxxx Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If the Contractor delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, the Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust - Trust- Site Fund Fund# 0160. 5.7.6 F. Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which the Contractor delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's failure to pay. 5.7.7 G. As of March 1 1, 2007, 2007 the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by the Contractor shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees.”” Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement

Disposal Requirements. S. R. Article 5, Section 7 of the Agreement is hereby amended to read as follows: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement“ 5.7.1 Contractor A. Franchisee shall Process and/or Dispose of all Discarded Materials Solid Waste Collected under this Agreement at ContractorFranchisee's own expense and in accordance with all Applicable LawFederal, State, and local laws, rules, and regulations. Contractor Franchisee shall be solely responsible for securing an appropriate location for Approved Facility(ies) Disposal of all Solid Waste and Processing of all Recyclable Materials and Organic Materials Collected by Contractor Franchisee pursuant to this Agreement. 5.7.2 Contractor B. Franchisee shall secure secure, within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site Facility capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's Franchisee’s customers. The landfill Disposal site must be designed and constructed in accordance with all applicable State and local laws (e.g., CEQA, California Code of Regulations, etc.). District reserves the right to review and require approval for said Disposal capacity commitments. 5.7.3 C. If Contractor Franchisee receives notice from an Approved Facility operator operator, or otherwise finds, during the term of this the Agreement, to be prevented from delivering any Discarded Materials Solid Waste to the appropriate Approved Disposal Facility, Contractor Franchisee shall immediately notify, in writing, the General Manager, District Manager stating the reason(s) Contractor Franchisee is prevented, or expects to be prevented, from delivering Discarded Materials to Solid Waste at the Approved Facility. Contractor Franchisee shall expeditiously identify and evaluate alternative sites. An alternative Disposal and/or Processing Facility or Facilities shall be arranged for and secured by ContractorFranchisee. 5.7.4 D. The parties Parties understand and agree that District intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, SB 1383 and other Applicable Laws, as amended or such other programs as may be established by District.of 5.7.5 Contractor E. Franchisee shall deliver all Solid Waste to the Approved Disposal Facility any landfill which collects Collects the San Xxxx Obispo County (“County”) AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If Contractor the Franchisee delivers Solid Waste to a landfill which does not collect Collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, Contractor the Franchisee will make, on a monthly basis, the equivalent payment directly to the County's ’s Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust - Site Fund # 0160. 5.7.6 F. Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which Contractor the Franchisee delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor Franchisee shall pay a penalty of ten percent (10%) percent on the outstanding balance, and Contractor Franchisee shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from , G. As of the date of Contractor's failure to pay. 5.7.7 As of March 1 , 2007, this Agreement the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by Contractor the Franchisee shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees. X. Xxxxxxxxxx hereby agrees to Dispose of all or a portion of the Solid Waste collected pursuant to this Agreement in such manner as may be reasonably designated by District. In the event that District designates a different manner of, or location for, Processing or Disposal of Solid Waste or Recyclable Materials, or Organic Materials than anticipated in this Agreement, District shall defend, indemnify and save harmless Franchisee, its officers, agents and employees from any and all claims, demands, damages, costs, expenses (including attorney’s fees), judgments or liabilities arising out of, or connected with the manner, or location for Processing or disposing of the Solid Waste, as designated by the District. I. In the event Franchisee's costs decrease or increase as a result of District designating a different manner of, or location for, Processing or Disposal of than anticipated in this Agreement, either Franchisee or District may request an adjustment in Collection rates which adjustment shall be effective at the time the designated manner of Disposal begins. District will not unreasonably deny any such adjustment. In the event Franchisee receives any additional compensation for the value, if any, of the Solid Waste Recyclable Materials Disposed in such a manner, such compensation shall be considered in connection with future rate adjustments. J. Franchisee shall keep all existing permits and approvals necessary for use of the Approved Facility(ies) in full regulatory compliance. Upon request, Franchisee shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility Subcontractor if necessary) to and District Manager.”