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25E - WASTE DISPOSAL AGMT
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25E - WASTE DISPOSAL AGMT
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1/3/2012 4:21:04 PM
Creation date
4/29/2009 12:56:41 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25E
Date
5/4/2009
Destruction Year
2014
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"imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical <br />boundaries of the County and delivered to the Disposal System. <br />"independent Haulers" means those waste collection hauler companies primarily engaged as a principal <br />business in the collection and transportation of municipal solid waste generated in the County of Orange which are <br />not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise, contract, permit or <br />other authorization 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 entitlements of <br />whatever kind and however described which are required under Applicable Law to be obtained or maintained by any <br />person with respect to the Disposal System or the performance of any obligation under this Agreement or the <br />matters covered hereby. <br />"Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other <br />legal or equitable proceeding having a bearing upon this Agreement. <br />"Loss-and-Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, <br />deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. <br />"Net Import Revenues" has the meaning ascribed thereto in Section 3.6(E). <br />"Non-Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City <br />Acceptable Waste. <br />"Overdue Rate" means the maximum rate of interest permitted by the laws of the State, if applicable, or the <br />prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, <br />whichever is lower. <br />"Participating City" means any city or Sanitary District executing a Disposal Agreement in accordance <br />with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. <br />"Plan of Adjustment" means the County's Modified Second Amended Plan of Adjustment, confirmed by <br />the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified <br />Second Amended Plan of Adjustment, filed May 17, 1996. <br />"Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste <br />at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this <br />Agreement. <br />"Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under <br />Applicable Law from being received by or disposed at the Disposal System. <br />"Qualified Household Hazardous Waste" means waste materials determined by the Board, the Department <br />of Heaith Services, the State Water Resources Control Board, or the Air Resources Board to be: <br />(1) Of a nature that they must be listed as hazardous in State statutes and regulations; <br />(2) Toxic/ignitable/corrosive/reactive; and <br />(3) Carcinogenic/mutagenic/teratogenic; <br />which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not <br />include Unacceptable Waste. <br />Execution Copy <br />25E-10 <br />
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