No Tonnage Obligation or Limit on Waste Prevention. 317 Neither the Authority nor the Franchise Agencies are obligated to deliver any minimum specified 318 quantity of Solid Waste, Recyclable Materials, or Organic Materials to the Landfill or Approved 319 Processing Facilities, but the Authority is obligated to deliver any and all such franchised Solid Waste, 320 Recyclable Materials, Dry Materials, C&D Materials and Organic Materials to the Landfill or Approved 321 Processing Facilities. The Authority currently operates programs intended to reduce the amount of Solid 322 Waste for Landfill Disposal as well as to reduce the total amount of materials generated by the 323 community. Nothing in this Agreement shall prevent, penalize, or impede, in any manner, the Authority 324 in cooperation with the Contractor, when necessary, from continuing and expanding these programs or 325 developing new programs having the goal of reducing the amount of material generated within the 326 Authority service area and managed under this Agreement. The Contractor shall have the right of first 327 refusal for such activities which includes, without limitation, Niche Services. This right of first refusal 328 shall not apply to studies, education, outreach, advertising, or other activities that do not involve the 329 Processing, Transportation, Disposal, handling, or other disposition of materials covered by this 330 Agreement. 331 332 ARTICLE 4 333 OBLIGATIONS OF CONTRACTOR 334 4.1 Scope of Services
No Tonnage Obligation or Limit on Waste Prevention. The City currently operates programs intended to 817 reduce the amount of waste for landfill Disposal. Nothing in this Agreement shall prevent, penalize, or impede, 818 in any manner, the City from continuing and expanding these programs, reducing the scope of these 819 programs, or developing new programs, all of which may reduce or increase the amount of Recyclable 820 Materials Collected and Delivered to be Processed at the Approved Recyclable Materials Processing Facility. 821 It is the City’s intent to continue to improve, develop, or enhance existing programs, as well as to implement 822 new programs and services throughout the Term to meet the Diversion goals and program requirements 823 established by Applicable Law. As a result, the characterization and quantity of materials Delivered to the 824 Approved Facilities will change over the Term and may be significantly different than that as of the 825 Commencement Date of the Agreement. Contractor shall not be compensated for any changes in the 826 characterization of, quantity of, or other changes to materials it receives, except as provided for in Section 827 2.3 of this Agreement. 828 Notwithstanding the provisions of Section 2.1, neither the City nor the Franchised Collector is obligated to 829 Deliver any specified quantity of Recyclable Materials from the City to the Approved Recyclable Materials 830 Processing Facility.
No Tonnage Obligation or Limit on Waste Prevention. 276 Neither Authority nor the Transfer Company is obligated to deliver any specified quantity of Solid Waste 277 to the Landfill. In order to reduce the amount of Solid Waste delivered to the Landfill, the Authority 278 currently: 1) implements and/or sponsors waste reduction programs; 2) receives at the Facility Recyclable 279 Materials and materials which can be Diverted from Disposal (including but not limited to Construction 280 and Demolitions Materials, Organics, Plant Materials, mattresses, and carpet/padding) and directs these 281 to third parties for processing; and, 3) separates Recyclable Materials and materials which can be Diverted 282 from landfill Disposal from the Solid Waste Delivered to the Facility and directs these materials to third 283 parties for processing. Nothing in this Agreement shall prevent, penalize, or impede in any manner the 284 Authority from continuing and expanding these programs or developing new programs or new processing 285 operations at the Facility or with third parties with the goal of reducing the amount of Solid Waste 286 Disposed. If continued or expanded programs, new programs and/or new processing operations are 287 implemented after the Effective Date of the Agreement to reduce the amount of Solid Waste Disposed, 288 the Authority shall arrange for any materials remaining after processing that require Disposal to be 289 delivered to the Landfill. 290 4 May 2019 SBWMA/BFI Disposal Services Agreement 291 ARTICLE 4. 292 OBLIGATIONS OF CONTRACTOR 293 4.01 SCOPE OF DISPOSAL SERVICES 294 Contractor will receive, accept, and safely and lawfully Dispose of Authority’s Solid Waste at the Landfill 295 in lined cells meeting requirements of Subtitle D of RCRA, if such cells are required in accordance with 296 Applicable Law.
No Tonnage Obligation or Limit on Waste Prevention. The CCCSWA currently operates programs intended 743 to reduce the amount of waste for landfill Disposal. Nothing in this Agreement shall prevent, penalize, or 744 impede, in any manner, the CCCSWA from continuing and expanding these programs, reducing the scope of 745 these programs, or developing new programs all of which may reduce or increase the amount of Recyclable 746 Materials Collected and Delivered to the Approved Trans‐Load Facility and subsequently Processed at the 747 Approved Recyclable Materials Processing Facility including implementation of High Diversion Services. 748 It is the CCCSWA’s intent to continue to improve, develop, or enhance existing programs as well as to 749 implement new programs and services throughout the Term to meet the Diversion goals set by AB 939 and 750 AB 341 as well as the CCCSWA Board of Directors’ goal of achieving 75% Diversion by the year 2020. As a 751 result, the characterization and quantity of materials Delivered to the Approved Facilities will change over 752 the Term and may be significantly different than that as of the Commencement Date of the Agreement. 753 Contractor shall not be compensated for any changes in the characterization of, quantity of, or other 754 changes to materials it receives except as provided for in Section 2.3 of this Agreement. 755 Notwithstanding the provisions of Section 2.1, neither the CCCSWA nor the Franchised Collector is obligated 756 to Deliver any specified quantity of Source Separated Recyclable Materials from the Service Area to the 757 Approved Trans‐Load Facility.
No Tonnage Obligation or Limit on Waste Prevention. The City currently operates programs intended to reduce the amount of waste for landfill Disposal. Nothing in this Agreement shall prevent, penalize, or impede, in any manner, the City from continuing and expanding these programs, reducing the scope of these programs, or developing new programs all of which may reduce or increase the amount of Acceptable Materials Collected and Delivered to be Processed at the Approved Processing Facilities. It is the City’s intent to continue to improve, develop, or enhance existing programs as well as to implement new programs and services throughout the Term to meet the Diversion goals and program requirements established by Applicable Law. As a result, the characterization and quantity of materials Delivered to the Approved Facilities will change over the Term and may be significantly different than that as of the Commencement Date of the Agreement. Contractor shall not be compensated for any changes in the characterization of, quantity of, or other changes to materials it receives except as provided for in Section 2.3 of this Agreement. Notwithstanding the provisions of Section 2.1, neither the City nor the Franchised Collector is obligated to Deliver any specified quantity of Acceptable Materials from the City to the Approved Processing Facilities.
