Diversion Guarantee. Contractor must achieve a diversion from landfill rate of thirty-one percent (31%) by December 31, 2016; forty percent (40%) by December 31, 2020, and fifty-five percent (55%) by December 31, 2025.
Diversion Guarantee. A second paragraph shall be added to Section 7.3 (currently titled “Diversion Guarantee”) to read as follows: Contractor hereby guarantees that beginning no later than July 1, 2021, it will implement the Recyclables and Organic Waste programs described in Sections 5.2, 5.3, 5.4, and 5.15 within the City (“Diversion Program”). The Parties agree that the intent of the Diversion Program is to support City efforts to meet the jurisdictional landfill diversion requirements of AB 939, as specified in Public Resources Code § 41780(a)(2) within the City. Contractor shall be deemed in compliance with this Section 7.3 if the Diversion Program includes the following:
(a) Collect and deliver all Yard Waste generated at residential premises to an Organic Waste Processing Facility selected by Contractor for processing and diversion.
(b) Collect and deliver all Recyclables generated at residential premises to an MRF or certified recycling facility selected by Contractor, for recycle and recovery processing of that material.
(c) Collect and deliver all garbage or rubbish generated at residential premises to, at Contractor’s option, a certified transformation facility (refuse to energy), MRF, or certified recycling or composting facility, for processing and diversion. Only residual materials that are not diverted will be delivered to landfill for disposal.
(d) Collect and deliver all mixed waste generated at commercial and multi-family premises, or otherwise collected in roll-off containers, to an MRF selected by Contractor for mixed-waste processing and diversion.
(e) Collect and deliver all Organic Waste generated at commercial and multi-family premises to an Organic Waste Processing Facility selected by Contractor for processing and diversion.
(f) For all construction and debris (“C&D”) material collected by Contractor, collect and deliver all such material to a certified C&D facility selected by Contractor that meets California requirements of 65% minimum diversion for processing and diversion.
(g) Collect and deliver all material from roll-off inert containers to a certified inert facility selected by Contractor for processing and diversion.
(h) Where applicable, deliver all source-separated Waste to a certified facility selected by Contractor for processing and diversion.
(i) Implement public education and outreach programs to encourage diversion as specified Exhibit I, “Public Education and Outreach.”
Diversion Guarantee. Beginning on the effective execution date of xxxxx First Amendment and Restated Agreement hereto, Operations Date, Contractor shall annually Divert at least fourteentwenty five (1425) percent by weight of the Authority’s Delivered Mixed Municipal Waste. During the first year immediately after completion of the Phase 2 C&D Processing Area, Contractor shall Divert at least thirty percent by weight of the Authority’s Delivered Mixed Municipal Waste. Each year thereafter, Contractor shall Divert at least an additional one (1) percent until the Diversion Guarantee reaches thirty five (35). Then the Diversion Guarantee shall remain at a minimum of thirty five percent for the remainder of the Term of this Agreement. In calculating Contractor’s performance with respect to meeting the Diversion Guarantee, the Company Conntractor shall be credited with 100% of the ADC Diverted which does not exceed shall not comprise more then ten (10) fourteen percent (14%) by weight of the Authority’s Delivered Mixed Municipal Waste and 50% of the amount of ADC which exceeds fourteen percent (14%) by weight of the Authority’s Delivered Mixed Municipal Waste. Authority has arranged for its Disposal Facility Contractor to accept an average of 1,000 tons per month of ADC at Xxxxxx Canyon Landfill. during the first year and increasing by 100 tons per month annually. Contractor shall be responsible for marketing any additional ADC produced at a total cost of transportation and payment, that does not exceed the transport and payment cost of Authority’s Agreement with its Disposal Facility Contractor. No later than 15 days after the end of each month, Contractor shall provide a report summarizing total tons received, the weight of Residue delivered to the landfill and the type, weight and disposition of all materials Diverted, for the current month and year to date, in a manner acceptable to the Authority. If for any calendar quarter period equal to any twelve (12) month period after Full Operations the quarterly twelve (12) month report indicates that the Diversion Guarantee is not being met, the Contractor will pay the Authority equal to 100% of the Diversion Incentive Fee a Diversion Penalty Fee. Authority may declare the Contractor in breach of the Diversion Guarantee and the Contractor will pay the liquidated damages for such failure described in Exhibit 7 which shall be the only remedy of the Authority for such breach. provisions of Section 11.01 shall apply. Contractor shall submi...
Diversion Guarantee. Contractor recognizes and acknowledges that the member jurisdictions of the Authority are required by the Act to Divert at least fifty (50) percent of each jurisdiction’s municipal solid waste from Disposal by 2000 and to maintain that diversion level. Contractor further acknowledges that individual member jurisdictions may adopt and achieve more aggressive diversion goals during the Term of this Agreement. Contractor has read and understands the JPA Agreement of the Authority included in Exhibit 8 and acknowledges that because each Authority member jurisdiction is solely responsible for achieving the level of diversion required by the Act, that the diversion programs implemented by the member jurisdictions are primary and Diversion efforts at the Facility are intended to supplement the programs of the member jurisdictions, but not to replace, displace or compete in any way with the diversion programs of member jurisdictions, including the diversion operations conducted at the City of Napa Materials Diversion Facility (MDF). Contractor’s Diversion Guarantee is stated in Section 6.03. Contractor further acknowledges that the composition and characteristics of Mixed Municipal Waste will vary over time and assumes the risk of fulfilling its Diversion Guarantee with this understanding. Contractor shall not seek amendment of the Diversion Guarantee, excuse from noncompliance therewith, or adjustment of the Service Fees for failure to meet such Diversion Guarantee due to the composition of Mixed Municipal Waste.
Diversion Guarantee. Under the Diversion Guarantee, the Contractor shall divert 14 from disposal or use at a landfill a minimum of 30,000 tons per year of Self Haul material 15 entering the Facilities (excluding Processing Facility tons and Buy Back / Drop Off Center
Diversion Guarantee
