HomeMy WebLinkAbout1993-02-16; City Council; 12080; COUNTY FEE REPORT SOLID WASTE Solid waste issues update Solid waste participation agreement TIPPINGAB # G?;o~O TITLE:
MTG. 2/16/93 SOLID WASTE ISSUES UPDATE
DEPT, CM
RECOMMENDED
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SOLID WASTE ISSUES STATUS REPORT
1. SAN MARCOS LANDFILL EXPANSION
The California Integrated Waste Management Board did not deny the landfill ex
issued by the Local Enforcement Agency (LEA). BY their procedures, to deny the
the Board must act by majority vote to do so. The vote to deny was a 3-3 t
af3rming the LEA’S permit approval. Until March 12, 1993, the Board could reconsider their previous action and at another meeting (held before March 12) (
permit. With the Board’s current schedule, this is not likely.
2. NEW LANDFILL SITING STUDIES
North Countv: Full hydrogeologic studies on the four sites (Merriam Mountain
Canyon, Aspen Road and Gregory Canyon) are proceeding. A hydrogeologic rep0
presented to the Board of Supervisors in early 1994. Whichever sites(s) are sei
the Board will be the subject of an EIR. The EIR and Major Use Permit (E
expected to be presented to the Board in early 1995 for certification and
respectively. Following certification of the EIR and approval of the MUP, the p process Will begin. Permits will likely be required by Fish and Game, the Reg01
BU&ty Control Board, the Corps of Engineers as well as the State htegrat
Management Board. Nowing for permitting and legal challenges, a new sit
available by early to mid 1997.
South Countv: The County and City of San Diego are jointly pursuing a site to 1
replace Miramar and Otay. Five sites are currently under review, thrf
unincorporated area and two in the City of San Diego. A site feasibility stu~
presented to the Board of Supervisors and City Council later this month. The n
hydrogeologic studies, will begin in April, 1993. The draft EIR is expected to be
in late 1994.
3. SOLID WASTE ENTERPRISE FUND MANAGEMENT AND FINANCIAL P
The Audit has been presented to SanDAG and the Board of Supervisors. San
to accept the report and support the Audit recommendations. County st
retdg to the Board with strategies to implement the Audit recommendation
30. The Board of Supervisors has already taken steps to implement some o
recommendations. The Audit firm of Ernst & Young has been retained to assist
develop a comprehensive 15 year capital improvement program including a fu
A sub-committee of the City/County Managers’ Association (CCMA) is working 7
staff and the consultant to develop this program and plan. Work is underway i
County staff is also preparing a report recommending the tip fee for Fiscal Yed
This report is to be presented to SanDAG in April.
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4. PARTICIPATION AGREEMENTS
Development of the Agreement has been underway since August 1992. The City/
Managers’ Association (CCMA) sub-committee and County staff have completed
document. The County City Attorneys’ Association has also participated. The Agrl
as presently constituted, will form a Waste Commission consisting of the County a
that execute the Agreement. The Waste Commission will have substantial control
regional solid waste disposal system (see attached summary). In addition to tZ
listed in the attached summary, the Commission will have the authority to se
approve solid waste facility sites, subject to the permit and land use authorit:
appropriate agencies. Once &scussions are completed, the Agreement will be pre:
the Board of Supervisors for conceptual approval on February 16,1993. Should tl
conceptually approve the Agreement, cities will be asked to comment and/or ex(
Agreement. The deadline for executing the Agreement k May 15,1993. ShouId i
execute the Agreement by June 1, a tip fee surcharge of up to 50% would be cb
the non-participating city for every ton of waste delivered to the landfill.
5.
Staff has been in contact with several corporations and Orange County to deter evaluate alternative disposal systems. Staff has contacted the following organi:
A. East Carbon Development Company (ECDC). This company has
in East Carbon Utah and offers to rail haul waste from the north
Utah. A demonstration of the rail haul concept is being developed
Coast Waste Management and ECDC and is tentatively sche
Thursday, February 25.
B. Eagle Mountah. This is the proposed landfill at the former K:
&e at Eagle Mountain. The proposal has received approval
Riverside County Board of Supervisors and is presently in the S
permit process. This facility may not be available for several years
had discussions with both Eag’le Mount& and CR&R staff regardir
and truck/rail haul to the Eagle Mountain facility.
C. Rail Haul. This is a proposd to site a landfill in hboy, San 1
County. This proposal has not been approved by San Bernardino (
is approximately one to two years behind Eagle Mountain.
D. Campo Indian Reservation Landfill. This proposal has receim
from the State EPA and the Bureau of Indian Affairs. Work wil
soon to develop the landfill; however, litigation may delay the av
this facility. The litigation will likely challenge the landfill
groundwater contamination. This is a concern to residents sum
Reservation since ground water is the only source of potable w
area.
ALTERNATIVES TO THE COUNTY SYSTEM
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E. Orange County. This may be the most possible alternative to the Ci
system. Staff from the Cities of Carlsbad, Escondido and Oceanside haw
several meetings with Orange County solid waste staff. No agreeme.
been developed, however, Orange County appears to be willing to accel
of-county waste as long as a $10/ton host fee is paid. With the host f
fees would be approximately $32.50/ton at the landfill in Orange CI
Waste processing and transfer costs will add significantly to this cost.
present time, Orange County is only willing to offer a five year agrer
Staff is working to develop a ten year agreement, since five years woi
provide a meaningful alternative to the County system.
It should be noted that if Carlsbad leaves the county system, the county has bldicatt
would require the City to pay its fair share of closure and post closure costs for k
used by Carlsbad since incorporation. This could add a significant, but unknown,
the waste management system of the City.
e EX~IT 2
SOLID WASTE - KEY DATES
February 16, 1993 Board of Supervisors (4:OO p.m.)
Agenda Item - Participation Agreement
Staff report will request Boa
approve the participation agreemc
concept and forward the agreemenk
cities for workshops or agenda disc
February 19, 1993 CIP/Funding Meeting (9:OO a.m.-11 a.m.)
Review with Ernst & Young the CIP/F
scenarios
Participation Agreement Workshop Issue
(11:OO a.m. - early afternoon) Develop workshop presentation mat€
February 26, 1993 SANDAG Workshop on the Participation Agi
(A special meeting time is requesl
March 30, 1993 Board of Supervisors
Agenda Item - Participation Agree1
Staff report will review any ne( changes that result from
deliberations with the cities a1
request the Board to appro1
participation agreement and fom< agreement to the cities for appr May 15, 1993.
or April 6, 1993
May 4, 1993 Board of Supervisors
Agenda Items
1, Ernst & Young report on
and short and 1onc
financing
2. The Tip Fee recommendat
Effective Date of Participation Agreemc
the threshold level of participat
May 15, 1993
June 1, 1993 Economic Risk Surcharge goes into efl non-signatory jurisdiction
July 1, 1993 Effective Date of New Tip Fee
EXN 0 Februar
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SOLID WASTE PARTICIPATION AGREEMENT
KEY ISSUES
0 CREATES A SOLID WASTE COMMISSION COMPOSED OF SIGNATORY C9
COUNTY WITH THE FOLLOWING POWERS AND DUTIES:
0 DETERMINES MAJOR POLICY AREAS SUCH AS:
Future facility needs - size & type
Alternative technologies
Recycling program
0 DETERMINES CAPITAL IMPROVEMENT PLAN AND FINANCII
0 RECOMMENDS ANNUAL BUDGET AND TIPPING FEE TO THE
BOARD OF SUPERVISORS
0 CHOOSES A CONSULTANT TO STUDY THE "EQUITY DETERMINES APPROPRIATE MECHANISMS TO RESOLVE THI
0 VOTE = ONE ENTITY/ONE VOTE
DISPUTE RESOLUTION PROVIDED THRU WEIGHTED VOTE (
0 COMMISSION DECIDES MANAGEMENT AUDIT TIMING
0 DETERMINES NON-SIGNATORY SURCHARGE AFTER FIRST
SURCHARGE EFFECTIVE JUNE 1, 1993
0 DETERMINES THE CONDITIONS FOR NEW SIGNERS
OF PARTICIPATION AGREEMENTS AFTER DECEMBER 31,
0 DETERMINES THE BUYOUT COST FOR EARLY WITHDRAWAL
0 MANAGEMENT COMMITTEE CREATED TO PROVIDE TECHNIC
TO THE COMMISSION
0 CITY OF SAN DIEGO PARTICIPATES AS EX-OFFICIO
NON-VOTING ENTITY
0 COMMISSION DECISIONS SHALL NOT CAUSE A BREACH (
AGREEMENT OR OBLIGATION
0 COUNTY RESPONSIBILITY
0 GUARANTEES DISPOSAL RIGHT
0 DETERMINES ANNUAL BUDGET AND TIP FEE
0 CONTROLS DAY-TO-DAY OPERATIONAL ISSUES
0 IMPLEMENTS THE DECISIONS OF THE COMMISSION
0 CITY RESPONSIBILITY
0 SEND ALL ACCEPTABLE WASTE AFTER CITY RECYCLING
COUNTY SYSTEM
0 TERM - 20 YEARS, ABILITY TO CONTINUE ANNUALLY (WILLIAMSOh
0 ESCAPE CLAUSE - 5 YEAR NOTICE (BUYOUT TO BE DETERMINED BY
A
EXHIB 1 I
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Working Committee Note: The legal power of cities to engag
Flow Control is being definitively researched. The executic this Agreement is contingent upon a favorable conclusion.
DRAFT
February 5, 1993
AGREEMENT BETWEEN THE CITY OF
AND THE COUNTY OF SAN DIEGO CONCERNING DELIVERY OF
SOLID WASTE TO COUNTY FACILITIES AND
THE ESTABLISHMENT OF THE SAN DIEGO COUNTY SOLID WASTE COMMISSION
( llParticipation Agreement"')
I. Parties.
This Agreement ("Agreementt1) , dated as of February 5, 195
the purposes of reference only and effective according to its after execution between the City of , a muni
corporation of the State of California (I1Cityv1), and the Cour San Diego (llCountyll), is made with reference to the foll
facts:
11. Recitals.
A. The County currently owns or leases and ope]
directly and through contracts, a solid waste managemen
disposal system, consisting of landfills, resource re(
facilities, transfer stations and other facilities usec transportation, management and disposal of solid wastes.
facilities are referred to as the IuOperating Facilities11 and
in Exhibit I.
The County is, or may come to be, fully or par responsible for closing, remediating, monitoring and/or maint
certain former solid waste disposal facilities which no
accept wastes for disposal. These facilities, which may or TI
currently be owned by the County, are referred to as the "Non-operating Facilities. 11
The County proposes to design, construct, own and/or c
additional solid waste management and disposal facilities
future. These facilities are referred to as the 1
Facilities. It
The Operating Facilities, Mon-operating Facilities a
Future Facilities may collectively be referred to as the llS)
B. The California Integrated Waste Management ~ct c (Public Resources Code 55 40000 et seq.) caused cities and c in California to address solid waste disposal through method than primarily landfilling, as was done in the past. Many alternate integrated solid waste methods use more capital-in approaches, such as recycling, resource recovery, and comp and ,
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c. To support financing for the current operation and future expansion of the County Solid Waste System, the County System must
be able to rely on a consistent amount of Solid Waste: and,
D. Residents of City, including both individual, business
and public entities (including City itself), generate various forms
of waste material, including Solid Waste; and,
the collection and disposal of its Solid Waste; and,
E. City has let a franchise or made other arrangements for
F. City has agreed that disposal of certain City Solid Waste
which is legally acceptable for disposal at a Class I11 landfill under such laws or regulations as are in effect at the time of disposal shall be disposed of at the County's Operating Facilities
and Future Facilities, as more fully described and under the terms
and conditions set forth herein, and
G. The County has agreed to permit City, and other cities within the County other than the City of San Diego, to participate
in certain management and planning decisions, as more fully described and under the terms and conditions set forth herein.
Now, therefore, the parties hereto agree as follows:
111. Definition Section.
A. Acceptable Was Waste
B. Agreement. This Agreement between the City and the
C. Annual Budget. The County's annual budget for the Solid
Waste Enterprise Fund and the County's Department of Public Works,
Solid Waste Division, or its successor.
County.
D. Capacity. The volume of available space or processing
capability for which the System has currently, or at any given time
in the future, received its Facility operating permits.
E. Capital Improvement Plan. A plan for the establishment,
repair, replacement, improvement, or retirement of Facilities in
the System, other than normal maintenance of the Facilities, and
for acquisitions of interests in real property in excess of
$500,000 with funds from, or debt secured, by the Solid Waste
Enterprise Fund, in accordance with the Countywide Integrated Waste
Management Plan.
F. City. As defined in Section I of this Agreement.
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H. Commission. The San Diego County Solid Waste Comm
as formed by this Agreement.
I. County. The County of San Diego, a political subdi
of the State of California and party to this Agreement.
J. County Haulers. Privately owned companies. or
K. Countywide Integrated Waste Management Plan, or 'IC
The plan prepared and adopted pursuant to Public Resources C
41750 & seq. for the management, transportation and dispo
Solid Waste within the Region.
The amount assesse
' after w 1,
L. Economic Risk Surcharge. ... Member Agencies -&
as determined according to Section V.N.2.
M. Effective Date. The date on which all of the conc precedent set forth in Section IV. of this Agreement hav satisfied.
N. Facility. An individual collection, processing, ti
or disposal unit of the System, including Non-Operating Faci:
Operating Facilities and Future Facilities.
0. Facility Fees. Fees paid pursuant to Section V.1 this Agreement. tc ?~+-2icticms ir; w-hick Fx~l,~t:cs zrc 11
Also referred to as "Solid Waste Facility Fees."
P. Facilities. Two or more individual units of the 1
Q. Financing Plan. The determination of the ti
financing that will be required to pay for implementation Capital Improvement Plan, including short-term and lo
'indebtedness.
R. Flow Control Covenant. That portion of this Agr
Section IV-K., requiring Member Agencies to direct or caus directed their Acceptable Waste to the System.
...
S. Future Facilities. As defined in Section 11. A.
Agreement.
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T. Member Agency. Any city within the County that has signed a Participation Agreement, or the County, but not a city with which a Participation Agreement has been terminated for any reason.
U. Member Agency Acceptable Maste. Acceptable Waste generated within the geographical boundaries of the Member Agency.
With respect to the County, the geographical boundaries referred to in this definition shall be limited to the unincorporated area of
the Region.
V. Member city. Any city that has signed a Participation
W. Non-Operating Facilities. As defined in Section 11. A.
Agreement with the County of San Diego.
of this Agreement.
X. Non-Signatory City. Any city within the County that
does not sign a Participation Agreement with the County, or a city with which this Agreement has been terminated for any reason.
Y. Operating Facilities. As defined in Section 11. A. of this Agreement.
2. Participation Agreements. Agreements executed between
the County and Member Cities which are substantially identical to this Agreement.
MA. Processing. Reduction, separation, recovery,
AB. Ratepayers. Residents of City, or of the unincorporated
conversion, or recycling of Solid Waste.
area, including both individual, business and public entities.
AC. Recycling Residue. That portion of the Solid Waste stream which results from the processing of recyclable materials or
Solid Waste.
AD. Region. The entire geographical area of the County of
San Diego, including all incorporated areas.
AE. Regular Vote. A method of voting by the Commission, in which each Member Agency has one vote.
AF. Self-hauled Waste. Solid Waste generated by an individual and brought to a Facility by other than a City Hauler or
a County Hauler.
AG. Solid Waste. Waste which is garbage, refuse, waste and other matter which is legally acceptable at a Class I11 landfill
pursuant to California Code of Regulations Title 23, Subchapter 15 or under such laws or regulations as are in effect at the time of disposal.
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AH. Solid Waste Enterprise Fund. An existing fund, sc from the County's General Fund, established and held by the separate from its other funds and accounts for receip
disbursements in connection with the System, established pi
to Government Code § 25261.
AI. Solid Waste Facility Fees. See definition of Fi
Fees..
AJ. System. Operating Facilities, Non-operating Faci:
and Future Facilities.
........................ ...
AM. Tip Fee. The fee charged by the County for dispc Processing of Solid Waste at Facilities.
IV. Conditions Precedent, Effective Date.
If the following conditions are met by May 1 rights and duties between City and the County as are this Agreement shall exist; otherwise they shall be of no force and effect whatsoever.
A. Threshold Level of Participation: A number of (
excluding the City of San Diego, which have a combined pop1
equal to or greater than the population of the unincorporat
of this Agreement. For the purpose of this section, the pop1
of each jurisdiction is that which was reported by the Sal
Association of Governments (llSANDAG1l) on July 1, 1992, as s
Exhibit 11.
of the County shall have executed and thereby agreed to thc
B. Execution of this Agreement shall be .............. majority vote of the legislative body of City.
The date upon which these conditions precedent are me
be the effective date of this Agreement.
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V. Agreement.
As soon as feasible after the effective date, pursuant to
Section IV., the County will notify all Member Agencies that the
conditions precedent have been satisfied and the following shall be the rights and duties between the parties:
A. Establishment of Solid Waste Commission.
1. Creation and Membership.
There is hereby created the San Diego County Solid Waste
Commission. The Commission shall consist of one member from the
County of San Diego and one member from each Member City.
The County member shall be a member of the Board of
Supervisors and the cities' members shall be members of their
respective city Councils. All Commission Members shall be appointed by their respective governing bodies. A member of the San Diego city Council may serve as an ex-officio non-voting
member.
The county or a Member City may select a Commission
alternate from among the group from which Commission Members may be
selected, who may attend Commission meetings, and act in all
regards as the Commission Member from that Member Agency in the
absence of the Commission Member.
2. Authority.
The parties to this Agreement are jointly exercising
powers common to each of them under the authority of the Joint
Exercise of Powers Act as contained in Government Code Section
6500, gg seq. In exercising such common powers, the Member
Agencies shall individually and collectively act in accordance with
Applicable Law.
3. Purpose.
The purpose of this Agreement is to provide for the long
term management of Solid Waste generated within Member Cities and
within the unincorporated areas of the County-
B. Commission Structure; Voting; Administration.
1. By-Laws.
The Commission shall adopt by-laws that are consistent
with and implement the provisions of this Agreement to govern their
internal operation including, but not limited to, electing
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. The Commission shall be subject to the Ralph M. . Code §§ 54950 & seq.).
a. The Commission shall meet at least twice a
on established regular meeting dates.
b. Special lled 8ff at the re
8ff 72 hours notl of three Commission member all Commission members.
2. Quorum and Vote.
a. A majority of the Member Agencies
constitute a quorum. any items before the Commission.
A quorum must be present to take actj
b, The Commission shall vote on all items c
basis of one Vote per Member Agency ("Regular Votet1). AI
shall be determined by a majority vote of Member Agencies
three Member Agencies request a "Weighted Votev1 after voting
particular item, then in that event a Weighted Vote, which w
final and binding, shall be taken.
3. Weighted Vote.
Weighted votes are to be based on the population o
Member Agency as reported by SANDAG on July 1 of each year.
the Weighted Vote is taken there shall be a total of one h votes. Each Member Agency shall have that number of
determined by the apportionment formula, set forth in Exhibi
provided that each Member Agency shall have at least one vc
Member Agency shall have more than 40 votes and there shall
fractional vote,
When a Weighted Vote is taken, the vote of at lea2 third of the Member Agencies, representing not less than fir
percent (51%) of the total Weighted Vote shall be requi
supersede the Regular Vote. If the Weighted Vote fails,
determined by the Regular Vote shall stand.
4. Solid Waste Management Committee.
A Solid Waste Management Committee consisting of tht Administrator/Manager of each Member Agency, or designee is
formed. This Committee shall provide staff review, analy! make recommendations on all material being forwarded Commission. The City Manager of the City of San Die
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C. Commission Approval Authority.
1. Powers and Duties.
The County and City hereby acknowledge that, except as
provided in Section V.C.2, the Commission shall have the following
duties, rights, powers and responsibilities set forth in this Section, and that any decision lawfully taken hereunder by the Commission in accordance with procedures set forth in this
t shall be final and binding
a. The establishment of the five year Capital
b. The review of the Capital Improvement Plan at
least annually, and, if necessary in the judgment of the Commission, modification of the Capital Improvement Plan;
Improvement Plan;
C. The establishment of the Financing Plan;
d. The review of the Financing Plan at least
annually, and, if necessary in the judgment of the Commission, modification of the Financing Plan;
f. The use of any Solid Waste disposal technology
other than sanitary landfilling for the disposal of
Waste;
h. The funding of t:he county office recycling
program, code enforcement in the unincorporated areas of the
County, or the household hazardous waste collection program through
the Tip Fee:
j. The awarding of Technical Assistance Program
Grants;
k. The determination of how recycling credits
achieved by the System for use of the North County Resource Recovery Associates recycling facility at the San Marcos Landfill would be spread among Member Agencies for purposes of complying with state-mandated recycling objectives;
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1. The determination of whether and how c should be distributed between cities which are substant-
developed and cities which are not substantially developed, su landfill closure and post closure costs and costs for new Cap required by growth in the wastestream. Within six months o
establishment, the Commission shall select and the County retain a consultant to address this I1equity1l issue. The
Waste Enterprise Fund shall pay for the costs of said consul
The Commission shall consider in good faith various alternatiL
address this issue, determine the most appropriate mechanis
resolve the issue, and recommend to the Member Agencie:
appropriate resolution:
g. The determination of the amount Of the ECC
Risk Surcharge to be assessed, in accordance with Section V.N
this Agreement;
h. The determination of the "buy-in" restrict in accordance with Section V.N.3. of this Agreement;
i. The determination of the appropriate char(
penalties to be assessed against Member Agencies for leavii
Commission to the extent such determination is not in conflic
the terms and conditions of this Agreement; and
j. The timing of management audits to be con1 pursuant to Section V.L.2. of this Agreement.
2. Emergency and Other Exceptions.
The approval of the Commission shall not be required f
action which the County determines, in its good faith judgmc required to be taken by the County to allow th
comply with applicable law, this Agreement, or any
11 L- icm, (b) to mitigate or
the consequences of any emergency condition, natural disaz other uncontrollable circumstance or (c) to prosecute, def settle any litigation against the County. In the event the
determines that it is necessary to take any such action with(
approval of the Commission, which approval would be required
terms of this Section but for the provisions of this subs
the County shall notify the Commission in writing
determination and the reasons therefor. The County shall,
extent practicable in the circumstances, take into accoi
matters raised by the Commission in any written response
County's notice.
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D. Commission Review and Recommendation Authority.
The Commission may from time to time review ar recommendations to the County Board of Supervisors reqard
following policy and implementation matters, which are the L
responsibility of the County:
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1. Formulation and implementation of siting elements of the Countywide Integrated Waste Management Plan.
2. Formulation and implementation of the annual work
plan for the Department of Public Works, Solid Waste Division, or
its successors;
Formulation and implementation of the Annual Budget: 3.
4. Changes in the Tip Fee;
5. The awarding of Tonnage Grants to cities for the
curbside collection of recyclable materials;
be county-owned or privately owned;
Other issues may be brought before the Commission for their
review and recommendation to the Board of Supervisors by-a request
of three Commission Members.
6. The determination of whether Future Facilities shall
E. Reservation of Powers and Responsibilities.
Any powers not explicitly transferred to the Commission by this Agreement are reserved to the County. In addition, the approval of the Commission shall not be required with respect to the approximately $53.2 million already approved by the County Board of Supervisors for financing the San Marcos Landfill Expansion, acquiring the Vista Transfer Station, acquiring the Ramona Buffer Zone, or acquiring the San Ysidro Burn Site.
F. No Authority to Breach -*
c-s with a thi-rd party provided the Commission has
approved financing all costs associated with said amendment,
modification, revocation or termination. Upon receipt of such
request, the County will use good faith, including incurring Solid
Waste Enterprise Fund expense propo , to amend,
County shall
advise the Commission of its efforts and progress in such matters.
revoke or terminate such L1.U -9
G. Commission Maintenance of Subregional Landfill System.
In adopting the Capital Improvement Plan and Financing Plan, and in establishing major policies, the Commission shall to the extent possible maintain at least three landfills, one for each major subregion of the County (North, East and South).
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H. Commission Duty to Provide Capacity.
The Commission shall, during the this Agreeme
to the extent possible provide suffici acity for all
Agencies to allow the disposal of th ptable Waste
System.
I. Allocation of Closure and Post Closure Costs.
As to those Non-Signatory Cities, or Member Cities whi left the System, the Commission shall require, through ti buyout charges, or otherwise, each such city to pay f proportionate share of closure and post closure costs.
J.
To the extent allowable under applicable state and
No Obligation to Non-Signatory Cities.
laws and regulations, neither the County nor the Commis:
obligatedto provide Solid Waste management facilities and s
to Non-Signatory Cities.
K. Flow Control Obligations.
1. Delivery of Acceptable Waste to the System.
The City and the County each shall deliver or cauE
jurisdicti to such Facilities within the System as Count
reasonably ignate (Flow Control Covenant) . For purposes
section, the County's jurisdiction shall be deemed to con the unincorporated area.
delivered all Acceptable Waste generated within their res
2. Waste Flow Enforcement.
The City and the County each shall establish, in
and carry out a waste flow enforcement program which is suf
to assure compliance with the Flow Control Covenant. may include to the extent necessary and appropriate circumstances, but shall not be limited to, (1) lic
permitting or franchising haulers (on an exclusive or none>
basis), upon the condition of compliance with the Flow
Covenant, (2) adopting ordinances or resolutions rc
compliance with the Flow Control Covenant, and (3) enforcement actions under any such license, permit, fri ordinance or resolution. Direct municipal collection of Acc Waste shall not be required hereunder unless all other a7 means and m orcing the Flow Control Covenant h; . If any event or circumstance (ii without lim nge or adverse interpretation of apl
law) impairs or precludes compliance with the Flow Control ( by the means or methods then being employed by the affectec such party shall implement alternative or substitute me
methods to enable it to lawfully satisfy the terms and COI
of the Flow Control Covenant. If a change or interpret;
applicable law impairs or precludes either party from cc
This
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with the Flow Control Covenant by any means, such party shall use
its best efforts, to the extent practicable and subject to
indemnification by the County as provided in paragraph 3 below, to effectuate executive, legislative or judicial change in or relief
from the applicability of such law so as to enable City lawfully to
resume compliance with the Flow Control Covenant as soon as
possible following such change or interpretation of applicable law.
Compliance by the affected party with its obligations under this
paragraph shall be deemed sufficient to satisfy the its obligation
to enforce the Flow Control Covenant.
3. Power to Exercise Flow Control.
The affected party represents that it has the right,
power and authority under applicable law to enter into, comply
with, implement and enforce the Flow Control Covenant. Each party
shall use good faith and best efforts to preserve, protect and
defend its right and power to enter into, comply with, implement and enforce the Flow Control Covenant in accordance herewith against any challenge thereto, legal or otherwise (including any lawsuits by or against such party, whether as plaintiff or defendant) by any person based upon breach of contract, violation of law or any other theory. If any such challenge raises issues
common to the Member Agencies under the Participation Agreements,
an adverse outcome of which may have a material and adverse effect
on the System as determined by the Commission, the County through
the Solid Waste Enterprise Fund shall indemnify and hold harmless
the affected party from the reasonable costs, fees and expenses
properly allocable to defending such right and power.
4. Consistency of Agreements.
As soon as practicable after the Effective Date, all
licenses, permits, con sf agreements, leases, franchises, ordinances and resolutio the affected party which are lawfully
in effect with or pertai o any person relating to or affecting
Acceptable Waste shall, if and to the extent necessary, be amended
to provide explicitly that the affected party shall have the right
without material restriction to direct the delivery of all
Acceptable Waste to the Syst ance with the Flow Control
Covenant. On and after the te cf tLis - , the affected party shall not enter into, ue or adopt any license, permit, contract, agreement, lease, franchise, ordinance or resolution which is materially inconsistent with the Flow Control Covenant.
5. Exception for Recycling Activities.
Notwithstanding any provision of this Agreement to the
contrary, each Member Agency shall have the right, withoutpenalty, to recycle (as defined at Public Resource Code 5 40180) any Solid
Waste (as defined at Public Resources Code 5 40191) by any means
selected by the Member Agency and any such recycled material shall be excluded from the commitment otherwise made to the System by
this Agreement. However, if the residue of the recycling process
12
..~ -... _______.._ .~. 0 .,
-- ~. -
0
which can legally be disposed of at a Class I11 landfill ex( five percent (5%) of such recycled material, such process re; shall be returned to the System for disposal unless exempted b County. '
L. County's Duties.
1. Guaranteed Disposal.
a. Service Covenant.
(1) The Count through the Solid Enterprise Fund, shall continue to vide or cause to be prc the service of managem am2 handling of all
Waste generated within Region for Mem (the ItSc
Covenanttt). The County shall carry out this Service COT
through the System, including but not limited to the constri
and operation of -Facilities, through the use of County agreer
using such technologies and upon such terms and conditions i
County determines, consistent with the decisions of the Commi:
and in a manner which will not impair the ability of the Coui comply with this Service Covenant.
(2) Nothing in this Agreement shall be 1
se Fund from providing manageme a+& handlin
of Solid Waste generated outside o e Region or pr
ty from disposing of County generated Solid Wa:
provided th
to prohibit or preclude the County thr h the Solid
disposal Facilities located outside the Region;
ot provide such Solid Waste manageme
services that would have an advers
lity to meet its obligations related to this S
Covenant.
b. Compliance with Service Covenant.
The obligation of the County to observe and
with this Service Covenant shall apply continuously and ~n
interruption for so long as this Agreement is in effect
County will not adopt an ordinance or resolution or take
official action that breaches the obligations of the Count1 this Agreement. If any event or circumstance (including T ce majeure event) or a change &FI
venant by the means or methods then being emp1(
the County, the county shall implement alternative or sub:
means and methods to enable it to satisfy the terms and coni
of this covenant. In the event that a change in applical
impairs or precludes the County from complying with this cl
with the means or methods then being employed and from ut
alternate or substitute means or methods of compliance, the
shall continuously use its best efforts, to the extent pract
to effectuate executive, legislative or judicial change relief from the applicability of such law so as to ena: County lawfully to resume compliance with this covenant as
applicable law impairs or precludes
13
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_.
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possible following the change in applicable law. The exercise of
such best efforts by the County under such circumstances shall be
deemed to be sufficient to satisfy this Service Covenant.
2. Financial Statement and Management Audit.
The county shall provide to the Commission an annual
financial statement of the Solid Waste Enterprise Fund. The
Commission shall select and the County shall retain a consultant to
do a management audit on a schedule as determined by the
Commission.
3. Implementation of Policies and Plans Adopted by the
Commission.
County shall implement the policies, Capital Improvement
Plans and Financing Plan made or adopted by the Commission to the
extent that such decisions and plans are within the authority of the Commission, and to the extent that they are consistent with the
Countywide Integrated Waste Management Plan.
4. Amendments to the Countywide Integrated Waste
The county shall initiate any amendments to the
Management Plan.
Countywi.de Integrated Waste Management Plan necessary to implement the decisions of the Commission.
5. San Diego Agreement.
The County will negotiate a separate agreement with the
City of San Diego which reflects the City of San Diego's unique
role in regional waste management issues. Such agreement will be
brought before the Commission for review and comment prior to
adoption.
M. Mutual Duties of County and city.
1. Participation in Commission.
County and City agrees to participate in good faith in
the activities of the Commission, and in such a manner that conforms to the spirit, intent and general premises of this
Agreement.
2. Land Use Permits.
Nothing in this Agreement shall be construed as
obligating the County or a city7 to grant a permit for a Solid
Waste facility.
County shall use good faith and in full cooperation with
the policy direction of the Commission, to obtain such Permits as are necessaryto provide sufficient Capacity in the most economical
manner available to meet the Solid Waste disposal needs of the
14
I/
. . ___ ._.__. ~-~~~ .. 0
, . . -,-I.~'.LY , -.I-F.-- .j - . .., ..
Member Agencies.
3. Regional Waste Stream.
On the condition that the Commission and Couni attempting in good faith to implement the subregional le objective, a Member Agency shall not object to the direct Acceptable'Waste to any Facility based on geographic origir
N. System Financing.
1. Tip Fee Charge.
a. Tip Fee to Member Agency.
The Tip,Fee charged by the County for the dl
of Acceptable Waste within the System shall be sufficient '
the reasonable and neces.sary costs for operation, managemc f inanc to: mainte closur Facilities and Future Facilities, State required reserv development of replacement facilities consistent with the 1 Improvement and Financing Plans and closure of Non-opl
b. Other Facility Tip Fees-
The Tip Fee charged by the County for the c
of Member Agency Acceptable Waste at similar types of fac
shall be the same as charged for Solid Waste generated f
unincorporated area of the County. In addition, Tip F
Facilities accepting similar types of waste (for instance
aste, yard or l'greenll waste, or tires) shall be t:
egardless of location.
2. Non-Signatory City: Economic Risk Surchargc
t b=p-my 15, 1343
.. . ..
15
__ - - - -
__ -_-_
0
costs to the system and account for any economic risks created by
the Non-Signatory City continuing to use the System. The criteria used to establish the Economic Risk Surcharge include but are not
limited to: capital charges, the iincreased depletion rate of landfill capacity and timing effects. The surcharge shall only be used to pay for the costs of the operation, management and financing of the System.
3. Grace Period/Buy-In Provisions.
Until December 31, 1993, Non-Signatory Cities may
determine to sign this Agreement without condition or penalty. , during this grace period, Non-Signatory Cities shall pay
omic Risk Surcharge and shall be ineligible to participate
in decision making. After December 31, 1993 the Commission shall
determine under what conditions Non-Signatory Cities shall be allowed to sign this Agreement.
4. Solid Waste Facility Fee,
a. The jurisdiction in which a Facility is located shall be paid a Facility Fee for each ton of waste delivered for Processing at such Facility. The Facility Fee shall initially be set at an amount equivalent to the appropriate percentage for the facility type (as described below), as that percentage of the Tip
Fee in effect on January 1, 1993. Thereafter, the Facility Fee
shall be adjusted automatically and concurrently with any increase in the Tip Fee, by an amount equal to the percentage increase in
the Tip Fee but not greater than five percent (5%) of the then
current Facility Fee, whichever is less.
b. Facility types and percentage of the Tip Fee* (In
effect on January 1, 1993):
0 Landfill = 10% of Tip Fee ($2.80)
0 Mixed Solid Waste Material Recovery Facility
0 Transfer Station = 5% of Tip Fee ($1.40) = 7.5% of Tip Fee ($2.101)
*For the purpose of the calculation , the Tip Fee does not include the Facility Fee or the Mitigation Fee.
If a jurisdiction has more than one Facility at the same location,
or contiguous location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee.
c. The Facility Fee for all Future Facilities shall be the Facility Fee for that type facility as of January 1, 1993 with
adjustments as described in subsection a, above.
5. Mitigation Fee.
Commencing July 1, 1993 the County agrees to collect as
(5%) of part of the Tip Fee a Mitigation Fee which is five percent the Tip Fee in effect on January I, 1993. Thereafter, the
16
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0
Mitigation Fee shall be adjusted automatically and concurrt with any increase in the Tip Fee, by an amount equal to percentage increase in the Tip Fee or an amount not greater
five percent (5%) of the then current Mitigation Fee, whichev
less.
Any jurisdiction may apply for the Mitigation Fee
must be for a specific project to correct a documented i
arising from a Facility. However, no Mitigation Fee sha! granted for a mitigation measure which is required for compl
with the California Environmental Quality Act (llCEQAtl) or any
regulatory process. Moreover, any jurisdiction which is rece
a Facility Fee for a particular Facility would not be eliglf; apply for a Mitigation Fee for that same Facility. The applic
process and the apportionment formula shall be determined b
Commission.
0. Term.
The term of this Agreement is for twenty (20) years , unless extended or terminated as provided
1. Automatic Renewal Provision.
nonrenewal is served by City on the County at least 90 days to said date or written notice of nonrenewal is served 1
County on city at least 60 days prior to said date. Unc
circumstances shall a notice of renewal to either party be re to effectuate the automatic renewal of this Agreement. If party serves notice of intent in any year not to renel
Agreement, this Agreement shall remain in effect for twentl
after the next automatic renewal date.
2. Early Termination.
The County may not terminate this Agreement wit1
initial 20-year term. City may request and be granted termination according to the provisions of this subsection
a. Conditions Precedent to Filing.
If City desires to terminate this Agreement the expiration of the remaining term, it may do so accordin? following procedures.
b. City's Obligation to Meet and Confer.
Prior to filing a petition for early termi City shall meet and confer diligently and in good faith w County and the Commission to discuss the reasons for the i termination, including, but not limited to the following j
17
-_ a
-_ - ~.
(1) The alternate means of Solid Waste
disposal which is reasonably available to City over the remaining Term.
Giving the Commission the opportunity to
(3) The impacts on the System of the
(2) employ said alternate form in the System.
withdrawal of City from the System.
(4) The terms and conditions, and the date
for, early termination. In this regard, City shall be given every available opportunity to mitigate the impacts of its withdrawal
from the System.
c. Commission's Duty to Meet and Confer.
The Commission shall diligently and in good faith
meet and confer with the petitioning Member City.
d. City Adopts Resolution.
After the meet and confer process has concluded, City shall have the right to petition for an early termination of this Agreement after a noticed public hearing, including notice to
the Commission, and the City Council adopts a resolution to petition the Commission for early termination.
e. City Files Petition.
The petition shall include the following provisions:
(1) A copy of the resolution.
(2) A detailed statement of the reasons for
the proposed termination of the Agreement.
(3) A detailed description of the means which
City will use to dispose of its Solid Waste after termination is
granted and an indication of whether such means are available to
other Member Agencies.
(4) Such other information as the rules of the
Cornmission may require.
f. Duty to Formulate Terms and Conditions for Early Termination.
The Commission, following a public hearing, shall
formulate the tentative terms and conditions for early termination
of this Agreement with city. The COmmlSSlOn shall meet and confer
in good faith with City regarding the Tentative Conditions.
18
0,
~.___I____
e
g. Terms and Conditions for Tentative anc
Withdrawal.
The Commission shall set such terms and con(
as are reasonably necessary to mitigate any impact on the Sy;
the withdrawal of City sooner than the expiration of the rei term, including but not limited to the following factors:
(1) The present value of closure anc closure costs for System Facilities in excess of amoi
which reserves have previously been set aside.
The impact on any existing
-A hrr 4- or.. ti; tZe iYssboZ contributed from the disposal of City's Acceptable Waste.
(3) The date at mination shc
granted to reasonably avoid impairme
a1 sooner than 5 years
A :*+-A- . The Commi
(4) The present value of City's contr
Costs, and remaining landfill capacity, any or all of whi
inure to the benefit of the System following withdrawal.
toward System Facilities, reserve funds, closure and post
(5) No withdrawal shall be permitted
Commission except on terms and conditi
. . . . . . . . . . .
h. Method . of Compliance with Tern
Conditions.
City, with the Commission's approval, may
any combination of methods for mitigating the System i including but not limited to the following:
(1) Cash payment: or
(2) Continuing disposal of a portion o
Acceptable Waste at .a non-signatory tip fee.
Such methods for payment shall be suffic
avoid impact on the System's financial condition.
19
e
-- - -___ ___
i. Duty to Offer Termination to All Member Cities.
After approval of the Tentative Conditions by the Commission, the Commission shall solicit all Member Cities to see if they have an interest in early termination on the same terms and conditions as in the Tentative Conditions. Other Member Cities
shall have 60 days to request early termination based on the
Tentative Conditions.
If any other Member cities request early
termination, the Commission shall recalculate the impact on the
System of City's withdrawal taken in conjunction with all other Member Cities desiring early termination, and shall thereafter formulate, in negotiation with all such cities, a set of final terms and conditions for early termination which shall receive the
approval of the Commission.
After compliance with the foregoing procedures, the
Commission shall grant all withdrawing Member Cities an early
termination on the Final Conditions, and no withdrawing Member City may terminate except upon acceptance of said Final Conditions.
j . Right of Withdrawing Member City to Participate in the Commission.
After requesting early termination, but before grant
of same, a withdrawing Member City may participate in the decisions
Of the Commission except as to decisianr: relating to the Tentative and Final Conditions for its withdrawal. After early termination
is granted, but before it becomes effective according to its terms,
the withdrawing Member City shall be an ex-officio non-voting
member of the Commission. After the Agreement is terminated, the
Member City shall no longer be a member of the Commission.
k. Revocation of Early Termination Request.
A Member City requesting early termination shall be
entitled to revoke their request for early termination upon payment
of all costs incurred by the System in processing their request,
unless same are waived by the Commission.
P. Liability.
1. Operating Facilities and Future Facilities.
a. County Defense, Indemnity and Hold Harmless.
The County, through its Solid Waste Enterprise Fund,
shall defend, indemnify and hold harmless City, its elected and
appointed officers and employees, from and against all claims for
damages, liability, costs and expense (including, attorneys' fees)
resulting from or arising out of the activities of the Cornmission,
the disposal at an Operating Facility or Future Facility of Acceptable Waste generated by City or within City limits when disposal is in accordance with the applicable rules and regulations
20
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l-__l __-_ -
at the Facility.
This obligation shall consist solely of the burc expense of defending against claims and the incurring of el (with counsel reasonably approved by the indemnified parties if such claims or other proceedings are groundless, fa fraudulent, and conducting all negotiations of any descripti
paying and discharging, when and as the same become due, i all judgments, penalties or other sums due against City. ( its sole expense, may employ additional counsel of its chc associate with counsel representing the County.
County's obligation to indemnify shall be reduced extent of the negligence or fault of City in connection w
causation of the accident, occurrence or condition giving the claim.
accident, occurrence or condition giving rise to the cl
solely a result of the negligence, fault or activities of
There shall be no duty to defend or indemnify
b. Notice of Claim.
If City shall become aware of or receive notice o communication concerning any actual, alleged, suspec
threatened action which would trigger an indemnification ob1
on the part of the County pursuant to this section, in without limitation, notice or other communication concern actual or threatened litigation, investigation, claim, ci
directive order, writ or injunction, City shall deliver
County, within 15 days of receipt of such notice or commur
by City, a written description of the substance of the nc communication, together with any documents evidencing the nc communication. Except as provided herein, receipt of such description shall not be deemed to create any obligation
part of the County to respond.
c. Contamination Claims.
This Section shall not apply in cases of laws
other actions taken under the Comprehensive Environmental Rc
Compensation and Liability Act of 1980, as amended by the Si
Amendments and Reauthorization Act of 1986 (lICERCLA1l) , 42 1
9601 et seq.; the Resource Conservation and Recovery Act (I 42 U.S.C. § 9601 et sea.; the Safe Drinking Water Toxic Enfc Act of 1986, California Health and Safety Code § 25249.5 ! the Clean Water Act (IICWA1'), 33 U.S.C. 5 1251 & seq.; 1 Drinking Water Act, 42 U.S.C. 5 300f & sea.; the Clean
("CAA"), 42 U.S.C. § 7401 et sea.; the California Air P Control Law, California Health and Safety Code 5 39000 et s
California Integrated Solid Waste Management Act (I1 California Public Resources Code § 44000 et seq. ; and plans
regulations or ordinances adopted, or other criteria and gu
promulgated pursuant to the preceding laws or other p
control laws, regulations, rule or ordinance now or here
effect.
-
21
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.._........_.... ~
0
B. Notices.
All notices, demands or requests pursuant to this Agre shall be in writing. All notices, demands and requests to be to any party shall be deemed to have been properly given or s on the date actually received, if personally served or deposit
the United States mail, addressed to such party, postage pre
registered or certified, with return receipt requested, a.
addresses identified below.
Notices or documents sent to the County should be sent
County of San Diego Department of Public Works Solid Waste Division (0383)
5555 Overland Avenue San Diego, CA 92123 Attn: Deputy Director
With a copy to:
Office of County Counsel
1600 Pacific Highway, Room 355 San Diego, CA 92101-2469
Attention: County Counsel
Notices to the City should be sent to:
I CA Attn: City Manager
With a copy to:
/ CA Attention: City Attorney
C. Entitlement to Subsequent Notices.
No notice to, or demand on, the parties for notice of a not herein legally required to be given shall in itself cre
right in the parties to any other notice or demand in thl
similar or other circumstance,
23
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D. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated herein, embodies the entire Agreement
and understanding between the parties relating to the subject
matter hereto and may be modified only by written agreement signed
by all of the parties.
E. Authority of Parties.
Each signatory warrants that it has legal authority to enter
F. Option to Include More Beneficial Provisions in Other
into this Agreement.
Agreements.
If, after city has signed th.is Agreement, another Member city negotiates clauses or agreements different from other existing
nts or more advantageous to itself, County shall, within
t-y days after such clauses or agreements are executed,
an option to such cities to amend this Agreement to include
these same clauses or agreements to the extent applicable.
G. Modification.
Amendments, modifications, and waivers to this Agreement shall
be mutually agreed to in writing by the Parties and approved by
their respective legislative bodies.
H. Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
I. Non-Severability.
In the event that a substantive provision of this Agreement shall be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. If negotiations in good faith fail, the County will have the right to terminate the Agreement.
J. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
24
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e 0
>
--- -1 I.--" _--_ l_l.
K. Waiver.
No breach of any provision herein can be waived unl
writing. Waiver or any one breach of any provision herein
not be deemed to be a waiver or any other breach of the s
other provision hereof.
L. Remedies.
All Parties hereto shall have the right to commence any
at law or equity, including specific performance, to re
breach of the terms herein, provided that neither Party shal the right to terminate this Agreement except as provided hc
M. Other Agreements.
This Agreement shall not be deemed to amend or alter th
of other agreements, whether existing or approved in the between City and County, except as provided herein.
N. Exclusion of the City of San Diego.
The terms and conditions of this Agreement exclude the San Diego unless otherwise expressly provided.
IN WITNESS WHEREOF, the City and County have siqnc Agreement as of the date first set forth above.
CITY OF
MAYOR
ATTEST :
CITY CLERK
COUNTY OF SAN DIEGO
By:
Title:
25
INDEX e .... _- ..
e
Pase
I . Parties .......................... 1
I1 . Recitals ......................... 1
I11 . Definition Section .................... 2
IV . Conditions Precedent, Effective Date ........... 5
V . Agreement ......................... 6
A, Establishment of Solid Waste Commission ....... 6
1 . Creation and Membership ............. 6
2 . Authority .................... 6
3 . Purpose ...................... 6
B . Commission Structure: Voting; Administration ..... 6
2 . Quorum and Vote ................. 7
3 . Weighted Vote .................. 7
5 . Commission Staff ................ 7
C . Commission Approval Authority ............ 8
1 . By-Laws ..................... 6
4 . Solid Waste Management Committee ........ 7
1 . Powers and Duties ................ 8
2 . Emergency and Other Exceptions ......... 9
D . Commission Review and Recommendation Authority .... 9
E . Reservation of Powers and Responsibilities ..... 10
F . No Authority to Breach County Contract ....... 10
G . Commission Maintenance of Subregional Landfill
System ....................... 10
H . Commission Duty to Provide Capacity ........ 11
I . Allocation of Closure and Post Closure Costs .... 11
J . No Obligation to Non-Signatory Cities ....... 11
K . Flow Control Obligations .............. 11
1 . Delivery of Acceptable Waste to the System . . 11
2 . waste Flow Enforcement ............ 11
3 . Power to Exercise Flow Ccntrol ........ 12
4 . Consistency of Agreements ........... 12 5 . Exception for Recycling Activities ...... 12
26
~________ ~~ 0 INDEX
--. - - _I _^___ - _. . -
L. County's Duties. ................
1. Guaranteed Disposal. . a a a a e a a a o a e
2. Financial Statement and Management Audit. .
3. Implementation of Policies and Plans Adopted by the Commission. .........
4. Amendments to the Countywide Integrated
Waste Management Plan. ........... 5. San Diego Agreement. ............
M. Mutual Duties of County and City. ........
1. Participation in Commission. ........ 2. Land Use Permits. .............
3. Regional Waste Stream. ..........
N. System Financing. ...............
1. Tip Fee Charge. .............
Surcharge. ................ 3. Grace Period/Buy-In Provisions. .....
4. Solid Waste Facility Fee. ........
5. Mitigation Fee. .............
0. Term. ......................
1. Automatic Renewal Provision. .......
2. Early Termination. ............
P. Liability. ..................
2. Non-Operating Facilities .........
Q. Newly Incorporated Cities. ..........
2. Terms and Conditions of Incorporation .
VI. Miscellaneous. ...................
2. Non-Signatory City: Economic Risk
1. Operating Facilities and Future Facilities.
1. Ninety Days to Approve Agreement. ....
A. Rights of Holders of System Obligations. ...
B. Notices. ...................
C. Entitlement to Subsequent Notices. ......
D. Entire Agreement. ...............
E. Authority of Parties. .............
27
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__
e e
-- I---_- __ - - -
INDEX
Paqe
F. Option to Include More Beneficial Provisions
in Other Agreements. ..... .......... 24
G. Modification. ................... 24
H. Counterparts. ................... 24
I. Non-Severability. ................. 24
J. Headings ...................... 24
K. Waiver. ....................... 25
L. Remedies. ...................... 25
M. Other Agreements. ................. 25
M. Exclusion of the City of San Diego. ........ 25
28
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I
A
EXHIBIT I
Operating Facilities
Active Landfills
San Marcos
Otay/Otay Annex
Sycamore
Borrego Springs
Ramona
Rural Container (Bin Transfer) Stations
Barrett Junction Boulevard Campo
Julian Ocotillo Wells
Palomar Mountain
Ranchita
Sunshine Summit
Val 1 ecito
Vie j as
Landfill Gas Recovery Facilities (Inactive Landfills)
Bell Junior High
Bonsall (under construction)
Palomar Airport Landfill (design phase)
other Facilities .
North County Recycling and Waste Reduction Facility
(under construction)
Palomar Airport Transfer Station (land and partial improvements)
15 acres of industrial land in the City of Vista
(land only - possible future transfer station)
w _.___ __
EXHIBIT I1 - ~1_-_1.--- -_ __-_
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
July 1, 1992 Population
Member Asency Pop1 at ion
County of San Diego 419,988
Chula Vista 141,778
Oceanside 138,469
Escondido 112,851
El Cajon 90,241
Vista 75,7801
Carlsbad 65,661
National City 58,632
Encinitas 56,530
La Mesa 54,043
Santee 53,853
Poway 45,389
San Marcos 42,778 Imperial Beach 27,138
Coronado 26,683
Lemon Grove 24,660
Solana Beach 13,189
Del Mar 4,983
1,452,646
___- - a e
-__ --___
EXHIBIT I11
APPORTIONMENT FORMULA
(1) Determine each Member Agency's population (as reported b)
G3-F
SANDAG On July 1 of each year). If any Me 4c percent or more of the total population of the
Eicgc CMty regia33 , allocate 40 votes to tha and
follow step 2; if not, follow step 3.
(2) Total the population of the remaining Member Agencies
determined in step 1 and compute the percentage of this total that
each Member Agency has.
(a) Multiply each percentage derived above by 60 to
(b) Boost fractions that are less than one to one; add
determine fractional shares.
the whole numbers.
(c) If the answer to step b. is 60, drop all fractions and the whole numbers are the votes for each Member Agency.
(d) If the answer to step b is less than 60, the
remaining vote(s) is allocated one each to that Member Agency
having the highest fraction(s) excepting those whose vote was
increased to one (1) in step b. above.
(e) If the answer to step b. is more than 60, the excess vote(s) is taken one each from the Member Agency with the lowest fraction(s). In no case may a vote be reduced to less than one.
(3) percentage of this total that each Member Agency has.
Total the population determined in step 1 and compute the
(a) Boost fractions that are less than one to one: add
the whole numbers.
(b) If the answer to step a. is 100, drop all fractions
and the whole numbers are the votes for each Member Agency.
(c) If the answer to step a is less than 100, the
remaining vote(s) is allocated one each to that Member Agency
having the highest fraction(s) excepting those whose vote was
increased to one (1) in step a. above.
(d) If the answer to step a. is more than 100, the
excess vote(s) is taken one each from that Member Agency with the
lowest fraction(s). In no case may a vote be reduced to less than
one.
..
I
__ I -_ _-x-----
e r,XHlIUII IV e
PENNY LEW DEL CARMEN
PHILLIPS REYNOLDS INC (Robert Bein &A
AD IIENSHAW FALLBROOK SANITARY DISTRICT
AFFIDIS FIBRE RESOURCES INC PHILLIP UNI'IT ALMAC SANITATION GAINER & ASSOC
ALTO WASTE CEOTECH CONSULTANTS PLASTICS RECYCLING
ANALYTICAL PHOTO 11 & W FARMING PLASTICS REPROCESSING
ANY AUTO KARGIS & ASSOC INC PODlSASAKI
APPROPRIATE TECH HARMON WARD POWAY
ARCHITECTURAL IND. MODEL IIDR ENGINEERING PUBLIC FINANCIAL MGMT
BENITO SINCLAIR HENRY ENTERPRISES PUBLIC FINANCIAL MGMT INC
BROWN AND CALDWELL HERZOG CONTRACTING CORP. QEI, INC
BROWN VENCE & ASSOC HILLSBOROUGH MASTER HOMEOWNERS ASSOC RW. BECK
BRYAN A STIRRAT & ASSOC HOUSTON SCALE RW. BECK
BULL FENCE HUBBARD RAMONA BULL FENCE I LOVEA CLEAN SANDIEGO RAMONA DISPOSAL
BUTLER ROACH GROUP
CW. CHRISTENSEN IMPERIAL BEACH RAMONA UNITED SCHOOL DIST.
CA GEOLOGICALGROUP IT CORP. RECON
CAL RECOVERY IT CORP. RECON
CALTRANS IT COW. RECON
CAMP DRESSER & MCKEE JEMCO EQUIP/RAMONA DISPOSAL RECON
CAMP DRESSER & MCKEE KISSINGER TRUCKING RECON CONSULTANT
CARDINAL WRECKING KLEINFELDER RECYCLING EARTH PRODUCT
CARLSBAD KLENFLEDER ROY E LADD INC
CARLSBAD AIRPORT CENTRE LA MESA SAIC
CII2M HILL LAIDLAW SAN DIEGO EC0UX;Y CENTRE
CHZM HILL LAIDLAW WASTE MGMT SAN DIEGO RECYCLING
CHUM VISTA SAN DIEGO RECYCLING
CITY OF CAIUSBAD SAN DIEGO RECYCLING
CITY OF CARLSBAD SAN DIEGO STATE UNIVERSITY FOUNDATI
CITY OF CHULA VISTA LEMON GROVE SAN ELUO RANCH
CITY OF DEL MAR LINSCOTT/LAW/GREENSPAN SAN MARCOS
CITY OF ESCONDIDO LSW ENGINEERS SANTEE
CITY OF POWAY LUKEDUDEK SANTEE SCHOOL DISTRICT
CITY OF SAN DIEGO MALCOLM PIRNIE (UNDFILL) SCS ENGINEERS
CITY OF SAN DIEGO MARATHON CONSTRUCTION SOLANA BEACH
CITY OF SAN DIEGO MASHBURN SOMA BEACH
CITY OF SAN DIEGO MASHBURN (Solid Waste Systems) SOLANARECYCLERS
CITY OF SANTEE MCLNER4Y SOLANARECYCLERS
CITY OF SOLAN0 BEACH MFI%ALF & EDDY INC SOLANARECYCLERS
CITY OF VISTA METRO TRAFFIC SOMA RIXYCLERS IhC
CITY OF VISTA MICHAEL BRANDMAN SOLAR TURBINES INC
COAST WASTE MGMT MKM COMMUNICATIONS SOUTH STATE TOWING
COAST WASTE MGMT NATIONAL CITY SOUTH WESTERN COLLEGE
COLGAN, FRED & DORIS NATIONAL CITY STA INC
CORONADO NBS LOWRY TECH PLAN
CRUSH MASTER
DAMES & MOORE NORTH COUNTY CHAPLAINCY US. GEOLOGICAL SURVEY
DEL MAR OCEANSIDE DISPOSAL VISTA
DEWEY & ASSOC'S OGDEN ENVIRONMENTAL VISTA IRRIGATION DISTRICT
DELOITE & TOUCHE PACIFIC ENERGY W.R CONNELLY
DUKE UNIVERSITY PACIFIC SOUTHWEST WASTE MANAGEMENT
EPA DAVID FEGE PACIFIC SW BIOLOGICAL WASTE MANAGEhlENT
EAST COUNTY DISPOSAL PACIFIC WEST COMMUNICATIONS WAYNE RIFER
EBARRA INC.
I LOVE A CLEAN SAN DIEGO RAMONA MUNICIPAL WATER
CHtM HILL LA MESAfSPRING VALLEY SCHOOLS SAN DIEGO CITY TREASURER
LEBOEUF & LAMB & L & MAC
LEBOEUF & LANB & L & MAC
LEIGHTON AND ASSOCIATES
NCRRA U.S. GEOLOGICAL SURVEY
DAVID HUNTLY, PHD OCEANSIDE URBAN CORPS
EASTLAKE V.C ZINSER - FURBY, LiC