Diversion Requirement. A. Collector shall divert from landfills an amount necessary for City to achieve the legally mandated minimum of 50% diversion by CalRecycle (“Minimum Waste Diversion Rate”). Recycling of materials not collected by Collector shall be counted towards meeting this requirement. For the purposes of this Section 7.04, “diversion” shall include recycling, transformation, and other forms of converting solid waste into energy to the extent that such diversion is accepted by CalRecycle toward meeting City’s diversion goal under AB 939. If CalRecycle increases the state-mandated Minimum Waste Diversion Rate from 50% diversion to a higher percentage, Collector and City shall negotiate in good faith an equitable increase in Collector’s Service Rates.
B. Collector shall calculate its Waste Diversion Rate each month and report this rate to City in a method and form reasonably specified by City. Collector acknowledges and agrees that the method and form specified by City and in effect as of the Effective Date is reasonable.
C. Collector shall not utilize transformation or biomass conversion, as those terms are defined in Sections 40201 and 40106, respectively, of the California Public Resources Code, for more than the percentage of the total waste diversion that City is permitted under the Act to include in meeting the diversion requirement imposed thereby. Transformation and biomass conversion facilities utilized by Collector to report waste diversion to City shall meet the requirements of California Public Resources Code Sections 41783 and 41783.1.
D. City reserves the right to require Collector to implement new or expanded programs in response to changes in state or federal laws or regulations. In such cases, Collector shall provide City with a written report which describes Collector’s plan for achieving implementing the new or expanded programs and indicates how Collector’s current service rates will be affected. If Collector proposes an increase in its current service rates, Collector shall provide City with verifiable documentation of its costs associated with the proposed implementation of the new or expanded programs. The City shall evaluate Collector’s proposal and if City finds it acceptable and determines that an adjustment of Collector’s service rates greater than that allowed in Section 5 of Exhibit A is justified, process an adjustment of Collector’s Service Rates pursuant to Section 8.08 of this Agreement. City may request that Collector provide additiona...
Diversion Requirement. Contractor shall divert not less than sixty-five percent (65%) by weight of all C&D Debris it collects within the City. If Contractor fails to meet the diversion requirements during the reportable period, the City may terminate this Agreement in accordance with Section 14.
Diversion Requirement. The Contractor shall recycle, compost or reuse
Diversion Requirement
