A-1997-025 - Waste Disposal Services

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(D) Self Haulers- The City and the County acknmN ledge that Self -Haulers shall be entitled to deliver Self-Hau led Waste to the Disposal System, on a non -contract basis, at the Posted Disposal Rat Such Self -Haulers shall not be enlitcd to dispose of Acceptable Waste for the Contract Rate- (E) Anolication and Use oC Revenues From O her Users Exeess ImRort Revenues. All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System, shall be deposited by the County in the County Waste Management Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) from the disposal of Imported Acceptable Waste by the Disposal System in an amount of S 15,000,000 per year. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rats share of capital project costs. All net revenues in excess of the S 15,000,000 per year shall be considered "Excess Import Revenues" and shall be (i) retained in the County Waste Management Enterprise Fund or (ii) deposited in the County debt repayment reserve for future bond defeasance established by Resolution No. 96-473 of the County Board of Supervisors on June 25, 1996 ("Debt Repayment Reserve"). Amounts from the Disposal System so deposited in the Debt Repayment Reserve shall only be used for the purposes of repayment of County bankruptcy related obligations and defeasance of bankruptcy related financings as set forth in the Debt Repayment Policy approved pursuant to Resolution No. 96-473 unless the Board, by a four fifths majority vote, determines to use such amounts for other purposes. The parties acknowledge that their intention in determining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation. SECTION 3.7. COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) County -Wide Recycling Services. This Agreement does not require the County to provide for any source reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by ratepayers; provided, however, any County -Wide Recycling Services may be funded through the County Waste Management Enterprise Fund. Any such recycling services may be expanded, contracted or modified by the County at any time in its sole discretion. (B) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts, Transfer Stations, Independent Haulers, Unincorporated Area or non -County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System_ Execution Copy 18