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ARTICLE 1
<br />DEFINITIONS AND INTERPRETATION
<br />SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings
<br />set forth below.
<br />"Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded of
<br />rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and
<br />which are normally disposed of by or collected from residential (single family and multi -family), commercial,
<br />industrial, governmental and institutional establishments and which are acceptable at Class Ill landfills under
<br />Applicable Law.
<br />"Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California
<br />Public Resources Code), as amended, supplemented, superseded and replaced from time to time.
<br />"Agreement" means this Waste Disposal Agreement between the County and the City as the same may be
<br />amended or modified from time to time in accordance herewith.
<br />"Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to
<br />time in accordance with the terms hereof
<br />"Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal
<br />Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of
<br />any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting,
<br />acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal
<br />System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other
<br />transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire,
<br />environmental protection, mitigation monitoring plans and building codes).
<br />"Board" means the California Integrated Waste Management Board.
<br />"Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of
<br />the budget of the Department in accordance with procedures established by the County of Orange Auditor -
<br />Controller in compliance with the California State Controller's Manual, including but not limited to all of the
<br />categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object
<br />Code 4200) or "Equipment' (Object Code 4000) in the County of Orange — Chart of Accounts, or any successor
<br />accounting or reporting system utilized by the County.
<br />"CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000
<br />et seq. as amended or superseded, and the regulations promulgated thereunder.
<br />"CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act,
<br />42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder.
<br />"Change in Law" means any of the following events or conditions which has a material and adverse effect
<br />on the performance by the parties of their respective obligations under this Agreement (except for payment
<br />obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership,
<br />possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies:
<br />(1) the enactment, adoption, promulgation, issuance, material modification or written change
<br />in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than
<br />Applicable Law enacted by the County);
<br />(2) the order or judgment of any Governmental Body (other than the County), on or after the
<br />Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or
<br />Execution Copy 2
<br />August 17, 2021 6 - 11 City of Santa Ana
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