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<br />which succeeds to the duties and powers thereof.
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<br />“Designated Facility” means the landfill or other County facility that the Department directs or assigns City
<br />Franchise Haulers to deliver City Acceptable Waste.
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<br />“Director” means the Director of OC Waste & Recycling.
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<br />“Disposal Services” means the solid waste disposal and other services to be provided by the County pursuant
<br />to the Service Covenant and as otherwise provided in this Agreement.
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<br />“Disposal System” means the Waste Infrastructure System which includes solid waste disposal operations at
<br />active landfills; Organics Infrastructure; regional Household Hazardous Waste Collection Centers; and other waste
<br />management related systems deemed necessary by the County, as well as services, such as post-closure maintenance
<br />and other activities, at closed landfills formerly operated by the County, as appropriate under Applicable Law.
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<br />“Environmental Fund” means the fund or funds held by the County to pay unanticipated costs of
<br />environmental mitigation, remediation or liability.
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<br />“Franchise Hauler” means any hauler or collector who provides Acceptable Waste collection services within
<br />the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The
<br />term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided
<br />directly by City operated municipal collection service.
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<br />“Full Cost Recovery” means all facets of Department costs and responsibilities including, but not limited to;
<br />operation, maintenance and management of the Waste Infrastructure System, labor and equipment, capital projects,
<br />environmental monitoring and mitigation, site closure, legal and regulatory compliance, long-term post-closure
<br />maintenance, remediation costs, planning for contingencies associated with the County’s long-term liability and
<br />maintaining adequate financial reserves.
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<br />“Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or
<br />other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof
<br />acting within the scope of his or her authority.
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<br />“Hazardous Material” or “Hazardous Substance” has the meaning given such term in CERCLA, the
<br />Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section §78000 et
<br />seq.), and Titles 26 and 27 of the California Code of Regulations and other regulations promulgated thereunder.
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<br />“Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or
<br />physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an
<br />increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial
<br />threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous
<br />waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from
<br />time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations
<br />contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the
<br />regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West
<br />1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional
<br />or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or
<br />hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by
<br />the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. The
<br />terms Hazardous Waste, Hazardous Material or Hazardous Substance shall be used interchangeably in this Agreement
<br />when not referring to specific Applicable Law.
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<br />“Host Fee” means the amount paid pursuant to Cooperative Agreements, referred to in Section 1.2 (I) of this
<br />Agreement, to compensate the cities identified in Section 1.2(I) (“Host Cities”) for costs or impacts incurred by Host
<br />Cities which might be associated with County Landfills due to their location within Host City boundaries, and not
<br />already substantially avoided or mitigated through the identification and adoption of Project Design Feature and
<br />Mitigation Measures.
<br /> “Imported Acceptable Waste” means Acceptable Waste that is generated outside of the geographical boundaries
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