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& Supp- 1996), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated
<br />thereunder
<br />"Hazardous Waste" means (a) any waste which by reason of its quality, concentration,
<br />composition or physical, chemical or infectious characteristics may do either of the following: cause, or
<br />significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating
<br />reversible, illness, or pose a substantial threat or potential hazard to human health or the enviromnent, or any
<br />waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or
<br />mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to. (1) the
<br />Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic
<br />Substances Control Act (IS U.S.C- Sections 2601 et sc .) and the regulations contained in 40 CFR Parts
<br />761-766, (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996), (4) the
<br />California Public Resources Code, Section 40141 (West 1996)' and (5) future additional or substitute Applicable
<br />Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes, or
<br />(b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic
<br />Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40_
<br />"Imported Acceptable Waste" means Acceptable Waste that is generated outside of the
<br />geographical boundaries of the County and delivered to the Disposal System.
<br />"Independent Haulers" means those waste collection/hauler companies primarily engaged as a
<br />principal business in the collection and transportation of municipal solid waste generated in the County of Orange
<br />and not under a franchise or other contract with a city in the County.
<br />"Initial Term" has the meaning specified in Section 6.1(A) hereof.
<br />"Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and
<br />entitlements of whatever kind and however described which are required under Applicable Law to be obtained
<br />or maintained by any person with respect to the Disposal System or the performance of any obligation under this
<br />Agreement or the matters covered hereby.
<br />"Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding,
<br />and other legal or equitable proceeding having a bearing upon this Agreement.
<br />"Loss -and -Expense" means any and all loss, liability, obligation, damage, delay, penalty,
<br />judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs.
<br />"Non -Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled
<br />City Acceptable Waste.
<br />"Overdue Rate" means the maximum rate of interest permitted by the laws of the State, if
<br />applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and
<br />assigns, plus 2%, whichever is lower.
<br />"Participating City" means any city or Sanitary District executing a Disposal Agreement in
<br />accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof.
<br />Execution Copy
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