Common use of Disposal Requirements Clause in Contracts

Disposal Requirements. 5.17.1 Franchisee shall dispose of all Solid Waste and Recyclable Materials Collected under this Agreement efficiently, at Franchisee's own expense and in accordance with all Federal, State and local laws, rules, and regulations. Franchisee shall be responsible for securing a local facility within the County of San Xxxx Obispo for disposal of all Solid Waste and processing of all Recyclable Materials Collected by Franchisee pursuant to this Agreement. 5.17.2 Franchisee 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 Franchisee’s customers. County reserves the right to review and require approval for said disposal capacity commitments. 5.17.3 If Franchisee determines all local facilities within the County of San Xxxx Obispo are not appropriate disposal or processing facilities/sites, and an out-of- county site would be more appropriate and an efficient part of the operation, Franchisee shall obtain the written agreement of County. The Board of Supervisors specifically delegates to the Director of the Department of Public Works the authority to enter into a written agreement to change the disposal or processing site to an out-of-county site. The County must be notified in writing three hundred sixty five (365) days in advance if Franchisee desires to use a facility/disposal site outside San Xxxx Obispo County at any time during the term of this Agreement. County reserves the right to review disposal capacity commitments. Notwithstanding the foregoing, the parties agree that the requirement for advance notice may be waived at the sole discretion of County for good cause. As used herein, “good cause” shall mean, without limitation, the appearance or existence of one or more conditions at a facility/disposal site within San Xxxx Obispo County that reflects or constitutes, in the judgment of Franchisee and the Public Works Director, an unsafe practice or that may give rise to potential liability to County or Franchisee under CERCLA or any other applicable pollution, environmental or other law. 5.17.4 If Franchisee receives notice from the landfill operator or recyclables processor or otherwise finds, during the term of the Agreement, to be prevented, through no action of Franchisee, from delivering Solid Waste to the designated site, Franchisee shall immediately notify, in writing, the Director, stating the reason(s) Franchisee is prevented, or expects to be prevented, from delivering solid waste or recyclables at the designated facility. Franchisee shall expeditiously identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for and secured by Franchisee. 5.17.5 The parties understand and agree that County intends to continue to participate in waste diversion and resource recovery programs pursuant to regional and/or local implementation of the California Integrated Waste Management Act of 1989 (and as amended from time to time), or such other programs as may be established by County or State. 5.17.6 Franchisee shall deliver all Solid Waste to 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 Franchisee delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, Franchisee will make, on a monthly basis, the equivalent payment directly to County’s Waste Management Tipping Fee - AB 939 Trust Fund #4304000000 and Waste Management Tipping Fee Trust - Site Fund #5912000000. Franchisee acknowledges that the San Xxxx Obispo County Board of Supervisors has the sole and exclusive right to change the fees and rates at least annually and otherwise as needed, as allowed by law. 5.17.6.1 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 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 Franchisee shall pay a penalty of ten percent (10%) on the outstanding balance, and 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 Franchisee’s failure to pay. 5.17.6.2 As of March 1, 2007 the Tipping Fee Surcharge for Fund #4304000000 is $3.00 per ton and the Waste Management Program Fund Fee for Fund #5912000000 is $0.40 per ton. Payments made by Franchisee shall be sent to County 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.