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<br />“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of
<br />the California Environmental Protection Agency, and any agency, department or other Governmental Body which
<br />succeeds to the duties and powers thereof. CalRecycle oversees the State’s waste management and waste reduction
<br />programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is
<br />responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste
<br />Infrastructure System.
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<br />“Capital Costs” means all costs of the Waste Infrastructure System that are classified as capital costs for
<br />purposes of 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 categories
<br />of costs of the Waste Infrastructure System including but not limited to “Buildings and Improvements, and
<br />Infrastructure” (Object Code 4200), “Equipment” (Object Code 4000-4040) and “Intangible” (Object Code 4250-
<br />4299) in the County of Orange – Chart of Accounts, or any successor accounting or reporting system utilized by the
<br />County.
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<br />“CEQA” means the California Environmental Quality Act, codified in California Public Resources. Code
<br />Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder.
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<br />“CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
<br />Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder.
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<br />“Change in Law” means any of the following events or conditions which has a material and adverse effect on
<br />the performance by the parties of their respective obligations under this Agreement (except for payment obligations),
<br />or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation
<br />or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
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<br />(1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or
<br />judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law
<br />enacted by the County); or
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<br />(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement
<br />Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or
<br />lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in
<br />Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order
<br />or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack
<br />of reasonable diligence; or
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<br />(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination,
<br />interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure
<br />of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such
<br />denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes
<br />with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination,
<br />interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of
<br />reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law;
<br />provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay,
<br />suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent
<br />action, error or omission or lack of reasonable diligence; or
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<br />(4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services,
<br />including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal
<br />operations, organics processing and diversion, recycling initiatives or activities associated with the
<br />remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the Waste
<br />Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer,
<br />recycling, processing or other waste related activities.
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<br />“City” means, as applicable, the City (general law, charter or other), Special District or Sanitary District
<br />designated on the cover page of this Agreement and party to this Agreement.
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