Laserfiche WebLink
ARTICLE I <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 or <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 III 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Public Resources Code), as amended, supplemented, superseded and replaced from time to time.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 .req. 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 />2 <br />Execution Copy <br />