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HomeMy WebLinkAbout1994-09-06; City Council; 12853; UPDATE ON SOLID WASTE MANAGEMENT ISSUESP .I MANAGEMENT ISSUES Instruct City Council representatives and City staff as appropriate. ITEM EXPLANATION At its August 11, 1994 meeting, the San Diego Solid Waste Authority adopted a Re! setting solid waste disposal fees. In addition to setting fees, the Authority authorizc contract options for non-members. A letter from the Solid Waste Authority i resolution setting fees are attached to this agenda bill as Exhibit 1. Subsequent to the action by the Authority, staff representatives from nine of member cities met to discuss possible responses to the Authority’s action. A meet subsequently held with the Interim Manager of the Solid Waste Authority and ott representatives to discuss options. At that meeting, it was indicated that the Autho had no authority to negotiate counter-proposals and the timetable for implemen new fees and contracts was also non-negotiable. It was indicated to non-mem representatives that there may be room to negotiate some of the conditions proposed contracts, but those contracts and the conditions were not yet availak Monday, August 29, 1994, a draft contract was faxed to all non-member cities. A of action to respond to the Authority’s proposals. It was the consensus of t representatives that they needed to brief their city councils on these issues ar direction and guidance. There was no indication that any of the non-membt intended to sign agreements with the Authority, and that non-member cities w( sending letters to the Authority clarifying their position. The City of Chula Vista sen to the Authority dated August 29, 1994, which is enclosed as Exhibit 3. It \ has prepared a draft letter that we recommend be sent to the Authority stating Ca position. The draft letter is attached as Exhibit 4. A meeting has tentatively been scheduled for Tuesday, September 13, 1994 at 9 among City Managers and City Attorneys of non-member cities to discuss the strat a possible considered response to the Authority’s Fee and Contract Proposals. 1. 2. 3. 4. Letter from the Solid Waste Authority dated August 11, 1994 Draft of the Solid Waste Tipping Fee Contract Letter from Mayor of Chula Vista dated August 29, 1994 Draft letter from the City of Carlsbad to the San Diego Solid Waste Authc . I4 @LID WASTE AUTH&TY V August 15, 1994 The Honorable Claude "Bud" Lewis Mayor, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Dear MTr &id At its August 1 lth meeting, the Solid Waste Authority set rates for all Non-Member citk effective October 1, 1994. While the Deloitte & Touche report was used as a b information, the Authority did its own additional study to determine the various rates to The Authority directed staff to work with all Non-Member cities to develop the app contract for the option selected by each Non-Member city. The staff report on contract is attached for your review. The Authority selected a deadline for each city's selection of September 15, 1994. contact Tom Webster, Interim General Managzr andlor Lin Wurbs, Interim Assistant Manager to assist in determining which contract option is best for you. Tom and Lin ha charged with assisting you with your questions and developing appropriate contract tei conditions by September 14th in order to report to the Authority on September 15th 7 results of the contract negotiations. Sincerely, a- ', -gj[d ( Qh'<J<J I (cnll. I- DAL WJLIAMS, \ Chairman RON MORRISON, Vice Ch Solid Waste Authority Solid Waste Authority Attach men t cc: $?Ray Patchett, City Manager s' 1600 PACIFIC HIGHWAY, ROOM 215, SAN DIEGO, CALIFORNIA 92101-2470 TELEPHOh'E: 619/531-6174 1 @OLD WASTE AUTH-TY I Date: August 11, 1994 To: Solid Waste Authority Members From: Management Staff- Torn Webstex and Lin Wurbs Subject: SOD WASTE TIP FEE AND NON-MEMBER CONTRACT RAm PURPO SE The purpose of this memorandum is to seek the Solid Waste Authority's approval to s Fee for Members and establish contract rata for Non-Members. The Bcrard of SUI vested the Authority to determine solid waste rates to the Solid Waste Authority on 1994 and the PA accepted the responsibifity on July 14, 1994. BACKGROUND AND HISTORY In January of 1982, the Board of SupervisorS established the Solid Waste Enterprise 1 set the Tip Fee for the disposal of Solid Waste at $6.50 per ton. Prior to that time, for regional solid waste management were handled through the County's General Fur Historically, the County and the City of San Diego have assumed the disposal respom the region since the closure of the last municipal landfill in oceanside in 1975. Up to 1940's refuse was handled on an individual dumping basis with the garbage sold ti farmers. These unregulated dumps were all over San Diego County and within the i the late thirties and early forties these dumps were set on fire and the burning dump e In the early forties the County established formal bum sites. Both bhg and landfilling continued until 1972 when the last burn sites were shut down due to air regulations. In 1965 and 1970 the federal government passed the Solid Waste Managc and the Resource Recovery Act to study and demonstrate safe methods of handling so The San Diego County Regional Solid Waste Management Plan (1976, revised 1982, developed as required by the Solid Waste Management and Resoun=e Recovery Act < - a joint effort between the cities and the County. The overall goal of the plan was to regional system for managing the generation, storage, collection, transportation, 1 disposal of solid waste in an economical manner which protects public health an( conserves natural resources and energy, minimizes littering and illegal dumping and enhances the environment. The Plan and all subsequent amendments were apprc majority of the incorporated cities with a majority of the incorporated population. AI County of Sm Diego has historically assumed the disposal responsibility in the regio specifies in its opening chapter that "cities must recognize their responsibility to proVi capacity for the waste generated by its citizens." 1600 PACIFIC HIGHWAY, ROOM 215, SANDXEW. CALLFORMA 92101-2470 IELEPHONE: 619/53I4174 0 0 * The cities have not created any disposal capacity on their own, however, and continu upon the "System" for their dispod needs. The County of San Diego and the Cif Diego are the only two agencies currently providiing solid wte disposal semkes in t?~ None of the remaining cities, with the exception of the City of Oceanside, have had a and/or direct disposal operation costs for their hcorporated seMce areas as they eitb County or City of San Diego landfills. The cities have been involved in the solid waste planning process for several years. Fc three years, the cities have participated actively in the decision making process re@ best approach to handmg solid waste within the region. As a first step, the cities &I study by Ernst and Young entitled "The Management Audit of the Solid Waste Dit Financial Review of the Solid Waste Enterprise Fund". The cities also participated th San Diego Association of Governments (SNAG) in several foiurns to discuss sc issues. An outgrowth of the discussions was the creation of the Interim Sol Commission which involved all of the cities and the County. The primary goal of the Inkrim Commission was to decide the governance structure that best met the needs of entities in the region. The consensus approach that was developed was the creation 0: Waste Joint Powers Authority Agency. The Solid Waste Authority was established 1 the solid waste system in the county. All of the assets, obligations and liabilities of t will be transferred to the Authority. In order for the new "owners" of the System to plan for their capacity requirements, tl to be immediately available an understanding of who intends to use the System anc duration. It is critid for planning purposes for both the current system participants a future projected growth that a new stmtegic plan be able to be developed which accou Members needs and any contracts that non-members choose to sign. AUGUST 1.1994 PUBLIC HZANNQ On August 1, 1994 the Authority held a Public Hearing to get input on the rate study by Deloitte and Touche. As the Authority Members know, the Deloitte and Touche prepared to depict all of the solid waste system costs and spread tho% COS& ove lengths of time that could coincide with potential contract options. It has al\ recognized that the most cost effective and environmentally sound way for the citi County to plan in this region is by doing so together. The Solid Waste Authofity' always be to provide a cost effective system to all of those who want to use the A System. The Authority's intention is to not be punitive in any way, but to have an i~ analysis of the costs that have been incurred which will need to be the shared respo all of the System's participants. ... 2 0 0 TTP FEE PROPOSAL In June, 1994 the Solid Waste Authority endorsed a Tip Fee of $55.00 for chis fiscal p was subsequently enacted by the Board of Supervbrs for 60 days. The Board also dc the Tip Fee and Rate Setting authority to the PA at that time. It is therefore the Ant responsibility to set tipping fees prior to August 31, 1994. After hearing a variety of testimony from the rion-member jurisdictions, the Authority b asked staff to prepare a fee schedule proposal that would keep the System whole, be ax and economical, and meet all legal mandates, You requested that we produce a matrix which would include two year, five, ten and twenty year options. We have reviewed the operating budget, the capital program budget, and every record I in the effort to identify all operating costs, mandatory fixed costs, and necemq requirements. We believe we have determined every dollar required in order to keep tb operating in good health for the time periods we need rates for. We also took 1 approach to determining to the best of our knowledge the annual tonnage we can rea expect. This proposal is a "full seMce" proposal that meets our legal and mandated ob and will keep the System whole. The Audit and Budget subcommittee agreed after much discussion to modify the reqy matrix to one which would include a three year rate (rather than two), and a five and i rate. The two was changed to three because we determined that we needed a guarant year revenue stram in order to fund those capital improvements necessary to keep tk viable for even two years. The twenty year rate was eliminated on the premise that it pointless for anyone to sign up for more than ten years yet still pay the non-member which would be required. We developed the following baseline assumptions: ASSUMPTIONS: (1) (2) (3) that the System will be composed of sixteen (16) cities and the county that the total mixed waste tonnage for the System for FY 1994-95 1,160,OOO; and that the commercial haulers from the City of San Diego would continue JPA's System at the same level as in the past. Our analysis also recognized that several changes to the current budget would be ne provide for all of the System participants at fuIl participation, with the departure from by the City of El Cajon. It is essential to make both additions and deletions in the It spending plan to make the System function in ai fiscally sound yet competitive fashic 3 0 0 NECESSARY BUDGET MODIFICATIONS: (1) (2) (3) (4) - the Otay Liner needs to be included in the mandatory capital improven the variable operating costs withim the budget need to be reduced "a board"; the costs associafed with the NCRRA facility need to be reduced thr negotiation process which is currently underway; and capital needs to be raised by evaluating and selling the ass& the Sol Enterprise Fund has within it's portfolio which might no longer be nee After reviewing the budget in detail and developing several different options ove contract lifespans - we are prepared to recommend the following set of options for end by the Authority, recognizing that all of the assumptions above were incorpOrated in c MEMBERRATE: for a System that includes all sixteen cities and the County; . -I * The tip fee for Authority members will be $55.00 for the next thri the fiscal year starting July 1, 1997. During that three years our goal will be to reduce the tip fee to $48.00 c NON-MEMBER OPICIONS: * THREE YEAR CONTRACT OPTION: The Non-Member contract rate for three years will be $65.00. At the t three year period, if the cost reduction goal has been met by the Aul either reducing the base rate to $48.00 or less, to a figure no higher thr plus five (+5) percent, the Non-Member will agree in the origha document to eithec (a) become a Member at the base rate achieved or I the contract for an additional ten years or more at the base rate plus $ ton. If the Authority does not make the $48.00 ($50.40 with the error E entity has no obligation to remain part of the System. * FIVE YEAR CONTRACT OPTION. The five (5) year contract prim is $72.50, with the difference between S $72.50 counting as a credit toward the past responsibility to the Syste * 10 YEAR CONTRACT OPTION: The ten (10) year contract price is $67.50, with the difference betwe and $67.50 counting as a credit tcward the past responsibility to the S None of the contract options described above are intended to waive the responsibility has regarding past obligations for use of the System. 4 0 0 _EmoNMENT AL REVIEW Attached to this report is a resolution finding that the setting of fees and charges a from the Environmental Quality Act because none of the fees are designed to build fund to finance capital projects for the express purpose of expanding the existing syst recommends that the Authority adopt this resolution. STAFF RECOMMENDATIONS: 1. Approve the staff report including the proposed Member and Non-Member Contract Options, the attached Tip Fee Resolution No. 94-01 establishing th~ and Resolution No. 94-02 Finding That The Establishment of Rates and Char] Statutorily Exempt From The California Environmental Quality Act. Authorize the Authority Staff to direct legal counsel to draft the appropriab language for each option described in the staff report. Authorize the Chairman in concert with the Authority staff to expend fun exceed $25,000 to contract with appropriate groups or individuals to assist b Member mnfract negotiation process. 2. 3. Submitted by: Tom Webster, Interim General Manager Lh Wurbs, Interim Assistant General Manager 5 r e e Resolution 94-01 A RESOLUTION OF THE SOLID WASTE AUTEIORITY SE"G A SOLID Wd DISPOSAL FEE SCHEDULE AND PROVIDING FOR FEES AND INSURAN( REQUIREMENTS AND FOR PERMITS FOR COulEcToRs AND TRANSPORTE SOD WASTE WHEREAS, The San Diego Solid Waste Authority was formed on June 1, 1994 a! powers authority for the purpose of assuming control and administration of the San Die Waste System, and WHEREAS, the San Diego County Board of SupMsors has authority to establish fee use of Solid Waste facilities and to establish fees and insurance requirements for pe~ collectors and transporters of solid waste pursuant to County Code Sections 68.513 and and WHEREAS, the Board of Supervisors has delegated authority to establish fees and cl the San Diego Solid Waste Authority subject to enumerated standards, and WHEREAS, the Authority has conducted notid public hearing on August 1, 1994 r the establishment of a proposed revised set 1.ates and charges, which said hearing WB c to August 11, 1994, and WHEREAS, the Authority has found and determined that the establishment of set charges are statutorily exempt from the requirements of the California Environmenta Act, NOW THERFiFORE, the San Diego Solid Waste Authority hereby sets and adopts a sc disposal schedule, including the fees and insurance requirements for permits for colle transporters, more particularly set forth in Exhibit A, attached and incorporated 1 reference. +(/! D/+/tv Jl&Te-" tU/LC &E /VBa7/4=%* bs& BE&Jl9Wd Ldu; D~;~~ ke7g AN3 cudrru-w- /ere 306~ n/.d~ ~~GLU~E dewr vnft qh$~d >~X~L;AL' FflK cdflrmcrs HH~ @.TO&C?E C,/444 dew ,&+re% ,+EF dBT d&&97J&@ kd Lo /bra L?TFGC~ - + r 0 0 €!&: 81 SAN DIEGO SOLID WASTE AUTHORITY SOLID WASTE DISPOSAL FEE SCHEDULE a 0 m = Table of Contents I. DISPOSALFEES ..................... A. STANDARDFEES. Bo LANDFILLFEESO 1. PASSENGER VEHICLES .............. 2. REFUSE COLLECTION VMICLES .......... a. Mechanical packers ........... b. Compacted roll-off ........... c. Un-compacted roll-off (drag-on boxes) . . d. Other refuse collection vehicles .... 3. OTHER VEHICLES C. RURAL CONTAINER STATIONS . 0 1. LIMITED VEHICLE ACCESS ............ 2. DISPOSAL FEES AT RURAL CONTAINER STATIONS . . 3. RECYCLABLE MATERIALS ............. 4. VARIOUS RESTRICTED WASTES .......... D. NON-MEMBER CONTRACT FEES ............. 1. TONNAGE FEES ................. 2. SPECIAL LANDFILL FEES ............ 11. SPECIAL HANDLING FEES ................. A. LARGEITEMS 0 B. CONTAINERIZED SOLID INDUSTRIAL WASTE ....... C. NON-CONTAINERIZED SOLID INDUSTRIAL WASTE ..... D. DECONTAMINATED BIOHAZARDOUS WASTE ......... E. NON-FRIABLE ASBESmS ............... F. WASTE WATER TREATMENT BY-PRODUCTS ......... G. ANIMALSt... .................. H. TREE STUIQS .................... I. HARD TO HANDLE MATERIAL .............. J. LARGE POLES/PIPES ETC. .............. 111. ADMINISTRATIVE FEES ................ A. NON-HAZARDOUS/SPECIAL WASTE MANIFEST ....... B. STAND-BY FEES ................... C. WHITE GOODS .................... 1. Landfills .................. 2. Rural Container Stations ........... D. FEE FOR MISREPRESENTATION OF WASTE ORIGIN ..... E. MANDATORY RECYCLING ................ F. UNCOVERED LOADS . rn 4 G, TIREFEES . . o . . 4 I. LATEUNLOADING .................. Ha HAZARDOUS WASTE .................. I 0 0 a IV. PAYMENT OF FEES ..................... A. ‘DEFERREDPAYMEXTS.. ................ Bo DELINQUENCY AND RELATED CHARGES C. PROCESSING FEES .a e - V. MANDATORY RECYCLING IN EFFECT AT COUNTY DISPOSAL FACILITIE A, CITIZEN HAULED WASTES w 0 a B. COMMERCIALHAULERS ................. C. COLLECTION AND SEPARATION REQUIREMENTS D. DESIGNATED RECYCLABLE MATERIALS .......... 1. RESIDENTIAL RECYCLABLE ITEMS ......... 3. INDUSTRIAL RECYCLABLE ITEMS ......... 2. COMMERCIAL RECYCLABLE ITEMS . E. MANDATORY RECYCLING IMPLEXENTATION SCHEDULE .... VI. MISCELLANEOUS ..................... A. California Vehicle Code .............. B. Offensive Language or Behavior .......... VII. DEFINITIONS ...................... A. CLEANFILL .................... B. CLEAN GREEN .................... C. CLEAN WOOD WASTE E. Vehicle Definitions ................ 1. CARS and STATION WAGON ............ 2. PICK-UP TRUCK ................ 3. MODIFIED VEHICLES .............. F. WHITE GOODS .................... VIII. COLLECTOR AND TRANSPORT PERMIT FEES .......... A. COLLECTOR PERMIT FEES ............... 1. NEWPERMITS ................. 2. RENEWALPERMITS ............... B. TRANSPORTER PERMIT FEES .............. 1. NEWPmITS ................. 2. RENEWALPERMITS ............... C. MANDATORY DECALING ................ IX. INSURANCE REQUIREMENTS e a 9 ................ D. DEMOLITION MATERIAL 8 0 0 SOLID WASTE AUTHORITY DISPOSAL FEE SCHEDULE I. DISPOSAL FEES A. STANDARD FEES The standard fee for the disposal of residential, co demolition, and/or industrial waste disposed of in Waste System Facilities for Authority Members and re3 their jurisdictions is $ 55.00 per ton. For Authority Members and residents of their jurisdic standard fee for the disposal of clean green materia: wood waste suitable for mulching, is $ 35.00 per tc Green and Clean Wood waste loads may be mixed. B. LANDFILL FEES Vehicles unloading on the Solid Waste Facility in exc minutes after the pasted closing times will be ch Administrative Fee reflected in this Schedule. Se I11 Administrative Fees, Part K Late Unloading. Commercial disposal of white goods is not at Residents may dispose of White Goods only at those operating an on-site recycling facility. In additj disposal fee, an Administrative Fee will be chargec white good item. All refrigerator doors must be II the customer. See Section I11 Administrative Fee White Goods. In the event of mixed loads, it is the responsibil: customer to unload each type of waste at the a] recycling area or tipping deck on the landfill. The Fees established in this section apply to Members and residents of those jurisdictions. (TI for establishing the fees set forth below shall be for non-member contract fees for these types of vel 1. PASSENGER VEHICLES (See Section VI1 Definitions, Part E Vehicle De: Fees shall be based upon the actual weight delivered, except for cars, pickup trucks, single axle trailers which will be chargc following set rates: 0 0 Fee Schedule Page 2 General Clean Del Refuse Green Re: a, Passenger Cars and $ 5.00 $ 3.00 $1 b. Pickup trucks $20.00* $ 8.00 $2 Station Wagons and single axle trailers 8' bed length or less Vehicles containing refuse defined as appro 2 to 3 standard 32-gallon trash cans or bz be assessed the minimum charge as a 1 car/station wagon set rate. L Minimum load charge: 2. REFUSE COLLECTION VEHICLES When the actual net weight of materials ente landfill for disposal or processing cannot be det then the established fees in this schedule assessed. a. Mechanical packers: C Code Rate Size All Refuse - Q A 14 cubic yards or less $ 155.00 $ B 15 - 19 cubic yards $ 174.00 $ C 20 - 24 cubic yards $ 330.00 $ D 25 - 29 cubic yards $ 374.00 $ F 35 - 39 cubic yards $ 467.00 G 40 - 49 cubic yards $ 535.00 $ b. Compacted roll-off: Code Rate Size All Refuse - G A 14 cubic yards or less $ 190.00 3 B 15 - 19 cubic yards $ 239.00 c C 20 - 24 cubic yards $ 287.00 < D 25 - 29 cubic yards $ 327.00 < E 30 - 34 cubic yards $ 333.00 < F 35 - 39 cubic yards $ 339.00 < G 40 - 49 cubic yards $ 350.00 < t E 30 - 34 cubic yards $ 437.00 C e 0 Fee Schedule Page 3 c. Un-compacted roll-off (drag-on boxes): Code C: All Refuse - GI Rate Size A 20 cubic yards or less $ 340.00 $ B 21 - 30 cubic yards $ 236.00 $ C 31 - 40 cubic yards $ 267.00 $ D 41 - 50 cubic yards $ 333.00 $ d. Other refuse collection vehicles C All Refuse - G: Per cubic yard of $ 10.00 $ truck capacity 3. OTHER VEHICLES C - G All Refuse a. Trailers over 8' up to 12' $ 45.00 $ bed length and/or trailers with more than one axle b. Trailers over 12' $ 73.00 $ bed length and towed by any size trucks to 12' bed length (two axle vehicles) c. Medium trucks and vans up $ 74.00 $ d. Heavy trucks and vans over $ 139.00 s 12' bed length (two axle vehicles) e. Truck consisting of $ 478.00 5 f. Any tractorltrailer $ 883.00 < 3 axles comb. (5 axle rig) or 3-axle truck in comb. with trailer (pup) C. RURAL CONTAINER STATIONS The rural container stations accept Solid We recyclable items from local service area residentiz only. Mechanical unloading of any vehicle will not be i! rural container sites. 0 e " Fee Schedule Page 4 1. LIMITED VMICLE ACCESS Access is limited to the following vehicles 1 residential wastes and/or recyclable materials f designated collection containers are provided (ad size and weight restrictions may apply at some fa due to operational limitations). a. Passenger cars and conventional station wag Section VI1 Definitions, Part E Definitions) b. Pickup trucks (see Section VI1 Definitions Vehicle Definitions); also includes flatbe with beds that do not exceed 6' in width length. This excludes vehicles having a GT above 13,000 lbs. c. Vehicles larger than pickup trucks h verifiable GVW rating of 15,000 lbs. or 1~ be allowed access only when containing no 2 four (4) standard 32-gallon trash cans or refuse and/or recyclable items d. Trailers 8' bed length or less e. Trailers greater than 8' and less than 1; length will be allowed access only when cc no more than four (4) standard 32-gallon t or bags of refuse and/or recyclable items (See Section VI1 Definitions, Part E Vehicle Def a. 2. DISPOSAL FEES AT RURiAL CONTAINER STATIONS Passenger cars and station wagons: (1) Passenger cars containing no more t (2) standard 32-gallon trash cans 01 refuse will be charged $ 2.00 for ea bag. (2) Passenger cars containing no more t (1) standard 32-gallon trash can c clean green or wood waste will bi $2.00. Passenger cars containing loose loac bags or cans) or more than two (2) 32-gallon trash cans or bags of more than one (1) bag of clean grec waste will $5.00 for General Refuse for Clean Green. (3) 0 0 Fee Schedule Page 5 b, Pickup trucks and trailers 8' bed length (1) Pickup trucks containing no more thai standard 32-gallon trash cans or refuse will be charged $2.00 for ea bag. (2) Pickup trucks containing no more th (3) standard 32-gallon trash cans o clean green or wood waste will bc $2.00 for each can or bag. (3) Pickup trucks containing loose load bags or cans) or more than nine (9) 32-gallon trash cans or bags of more than three (3) bags of clean wood waste will be charged $20.00 fc Refuse and $8.00 for Clean Green. C. Trash cans or bags over the standard 32 gc will be charged $3.00 each, (not to exceec rate) . 3. RECYCLABLE MATERIALS Recyclable materials (except Clean Green, C Waste, and White Goods) for which designated c containers are provided will not be charged a fee. In addition to the disposal fee, an Admir Fee will be charged for each White Good item (st I11 Administrative Fees, Part C White Goods). All recyclable materials (except White Goods) s a size which will fit into the container pra must be loaded into the appropriate containc customer. Customers may place white Goods on 1 removed by the customer. in the appropriate area, All refrigerator do01 4. VARIOUS RESTRICTED WASTES The following solid wastes may not be dispose rural container station and must be disposed approved recycling center or landfill: a. Any item which is subject to a Special Hal or which requires a Hazardous or Non- Waste Manifest b. Soil, rocks, stumps c. Brush from land clearing (public or priw d. Tree trimmings from commercial or pub1 tree trimming projects e Fee Schedule Page 6 e. Yard and/or wood waste which exceeds 5" in d: or 5' in length f. Construction wastes g. Agricultural wastes h. Demolition wastes i. Industrial and commercial wastes j. Animal waste products (including manure) k. Refuse resulting from a public safety or n abatement 1. Whole tires (from private residential source be cut or shred to particle sizes no larg 12"). D. NON-MEMBER CONTRACT FEES The effective date applicable to this section is oct 1994. 1. TONNAGE FEES A contract rate is offered to Non-Member effective October 1, 1994 for varying lengths ( Contracted disposal fees for residential, corn demolition, and/or industrial waste are as foll (1) THREE YEAR CONTRACT OPTION: $65 00 (2) FIVE YEAR CONTRACT OPTION: $72.5a (3) TEN YE3R CONTRACT OPTION: $67 sa Other terms and conditions of the contract rate negotiated with the Nan-Member. Fees for Non-Member Contractual entities for the of Clean Green waste and Clean Wood waste are $ ton. 2. SPECIAL LANDFILL FEES The schedule for fees for Passenger Vehicle2 Collection and Other Vehicles is based on t formula previously used for the development o Section I, Part B. The schedule descri particular fees will be attached to the i contracts. 0 0 - Fee Schedule Page 7 11. SPECIAL €LANDLING FEES Items disposed at a System landfill in the following categc subject to special fees as specified. The fee will be in to the disposal charge with a maximum special handling ft exceed $150.00/vehicle except as specified in Parts A and Forty-eight hour advanced scheduling is required for It Call the Solid Waste Office to schedule an appointment. hazardous waste manifest may be required for some items. A. LARGE ITEMS: Any single item which due to its size, weight, volume physical characteristics requires special handlinl equipment or which presents a significant health, E 100 cu. ft. and under ..................... $ 50.0t Over 100 cu. ft. .......................... $ 0.5[ operational problem. B. CONTAINERIZED SOLID INDUSTRIAL WASTE: Containerized non-hazardous solid industrial wast solidified resin, tar, graphite dust, etc.) 1. CONTAINERS UP TO 24 GALLONS .......... $ 1.00 2. CONTAINERS 25 GAL. TO 50 GAL. ........ $ 5.00 3 e $ PO.00 (or up to 3 cubic feet) (or 3 to 7 cubic feet) CONTAINERS 55 GALLONS OR GREATER e e e e (or greater 7 cubic feet) Co NON-CONTAINERIZED SOLID INDUSTRIAL WASTE 0. $ 50.00 Loads consisting of more than 10 cubic yards of foo (> 50% solids) or non-containerized non-hazardous in waste. Do DECONTAMINATED BIOHAZARDOUS WASTE*.....o... $ 50.00 Loads consisting of 10 cubic yards or more of decont biohazardous waste. * Loads containing less than 10 cubic yz decontaminated biohazardous waste will not be the $50.00 Special Handling Fee. e 0 Fee Schedule Page 8 Eo NON-FRIABLE ASBESTOS*oooooooooooooooooooooo $ 5OoO( Loads consisting of 15 cubic feet or more of No] asbestos containing Non-Hazardous waste material. * Loads containing less than 15 cubic feet of No] Asbestos containing material will not be asse $50.00 Special Handling Fee. Po WASTE WATER TREATMENT BY-PRODUCTS ooooooooo $ 5OeO( Loads containing untreated waste water treatment fac products such as grit and bar screen materials (> 50! All other waste water treatment facility by-produc sludge, scum, digester cleanings) can only be handlt waste is acceptable under conditions ofthe facility ( permits, is approved for disposal by the Region Quality Control Board (RWQCB) , and meets Title 23 sta 50% solids or more. Go ANIMALS: Persons engaged in permitted dead animal removal ser- subject to Chapter 8, Section 62.810 of the San Die! Code of Regulatory Ordinances. This requires that : animals be disposed of at a reduction/rendering F therefore will not be accepted at System landfills. Dead animals which are not subject to San Diego Count referenced above will be accepted. 1. Any dead animal that weighs in excess $ 25.01 of 250 lbs. and less than 500 lbs. or any combination of smaller dead animals in excess of 250 lbs. and less than 500 lbs. animal(s) 500 lbs or more. 2. Any dead animal or load of dead $ 50.0( H. TREE ST~S*...............,....*.....**.*.* $ 25eO( Any tree stump more than 5 feet in any linear dimt mixed loads and disposed in the general refuse area * Tree stumps separated into clean green loads contamination and less than 8 feet in an dimension will be charged the Clean Green fee ( * 0 d Fee Schedule Page 9 I, EARD TO gANDtE MATERIAL ................... $ 50.00/ Loads containing more than 10 cubic yards of straw fence, car seats, mattresses and/or springs, or sirnil to handle materials. J. LARGE POLES/PIPES ETC. .................... $ lSoOO/ Poles, pipes, tree trunks, logs, bridge pilings, etc. c (10) feet long, or in excess of 12 inches in diameter I11 . ADMINISTRATIVE FEES Administrative fees provide funding for System staff t processing and are separate from Special Handling Fees (Sec and Fee Processing Charges (Section IV, Part B and C). 1 the following categories are subject to the Administrati1 The fee will be in addition to the disposal fee and separi Special Handling Fees/Surcharges, if applicable. A. NON-HAZARDOUS/SPECIAL WASTE MANIFEST ...... $50.00/: Loads of special wastes that requires special waste m or any load of special wastes requiring an appointml certified non-infectious wastes and certified cont soil acceptable for disposa1,etc.). Bo STAND-BY FEES ............................. $ 50.00 Loads requiring Solid Waste System personnel to disposal operations, as determined by the Management, for safety, health, and/or OPE reasons: minimum charge 1 hour. Vehicles found transporting unacceptable materia agency resolution: minimum charge 1 hour. 1. 2. landfill and required to remain on-site for rc C. WHITE GOODS: Commercial disposal of White Goods is not aui Residents may dispose of White Goods only at those : operating an on-site recycling facility. In additic disposal fee, an Administrative Fee will be charged White Good item. All refrigerator doors must be r( the customer. 1. Landfills............................. $ 20. 2. Rural Container Stations ............. $ 5.0 ............. $20.01 a 0 0 Fee Schedule Page 10 De FEE FOR MISREPRESENTATION OF WASTE ORIGIN: To comply with State mandates, all Solid Waste customers shall provide information, upon request, source of the waste being hauled to a County facili information includes the source city of the waste being hauled and the trash route for trash industry v Landfill or bin site access may be denied to customers that refuse to comply with the County's req to obtain source of waste information. Non-member or contract cities may be assessed a diffei as addressed in Section I Disposal Fees, Part D Ne Fees. If the waste hauler or customer misrepresc origin of the waste, an administrative fee will be a! For each of the first three offenses, the fee will be times the tipping fee assessed that vehicle, not t After the first three offenses, the fee will be $1C each subsequent offense. $1,000. E. MANDATORY RECYCLING: A table containing Administrative Fees and the imple: schedule for the Mandatory Recycling Ordinance may be Section V. of this Fee Schedule. F. UNCOVERED LOADS: ........O............ $ 20.00 pe Charges will be assessed for those vehicles enter. Waste System Facilities with uncovered or partiall: loads. The fees will be used to offset the costs of other litter control activities. Any customer assessed this fee shall receive tar] disposal site (if available) and shall install the completely cover the load as defined in Section 233 California Vehicle Code before proceeding to the a& unloading area. In the event that the load or the f too large for the provided tarp to cover, additi shall be assessed and additional tarps provided to el no littering occurs within the disposal facility. Go TIRE FEES: Landfilling of waste tires is prohibited unless the California Integrated Waste Management Board. reduced in volume by shredding or other methods a] 0 0 , Fee Schedule Page 11 Whole tires are not accepted at the Ramona, Bor Sycamore landfills, or any System operated Rural Station. Whole tires for recycling are accepted at and San Marcos landfills. Homogenous loads of tirc charged by the ton. 1. Standard car and truck tires $ 3.c $300r( 2. Inside tire diameter 17"- 24.5" $ 9.0 3. Mixed load of car St truck tires $ 7.4 4. Inside tire diameter > 24.5" $200.( up to and including 16.5" inside tire diameter (highway/cargo type tires) $300.( with highway/cargo type tires $300.4 (industrial/construction/off road) $loo.( 5. Loads containing tires reduced in volume by shi 12" particle size or less, or by other methods by the California Integrated Waste Management B1 be handled at System landfills for the standarc fee. E. HAZARDOUS WASTE Customers who dispose of hazardous or other unaccept shall upon notification be required to retrieve the appropriate, within 48 hours and arrange for subseqy disposal. In addition, an Administrative Fee will b The Administrative Fees below pertain to incidents within a single calendar year: First occurrence.............................. ! Second occurrence............................. $: Additional occurrences... ..................... $: If, for any reason, the waste cannot be releasc customer, or the customer does not voluntarily L waste, proper disposal of the waste will be arra addition to the above fees, customers shall be subj payment of 100% of all costs incurred by the System supplies, packaging, transportation, and disposs waste. Payment of the fees specified in this section prohibit the referral of cases to an appropriate i possible civil and/or criminal actions. e a * Fee Schedule Page 12 Io LATE UNLOADING Vehicles unloading on the Solid Waste Facility in excea minutes after the posted closing times will be cham Administrative Fee of $50.00 per hour with a minimum hour charge. IV. PAYMENT OF FEES Section 68.515 of the San Diego County Code of Reg Ordinances sets the County's deferred payment account pol well as a cash payment System. These policies will be ado1 use by the Solid Waste System. At the discretion of the Di personal or business checks, point of sale transactions (ac account debit transactions) and credit cards may also be E at the landfill for payment of fees. To ensure the C receipt of funds, the Director may implement a check g~ system at the landfills as well as a point of sale and crec system. The method of payment for fees accepted at the rural c( stations will be cash only. The Director, at his/her discretion, may waive the li damages assessed for late payments for governmental agencic cases of the Authority's administrative error. A. DEFERRED PAYMENTS: Any person desiring to establish a deferred payment for use at Solid Waste System Facilities will be able upon it being established, to the satisfaction Director, that such applicant's credit rating is satj and that sufficient security is posted. The requir post a security is waived for local, state and governmental agencies as well as public utilities. The Director has determined that the nsufficient ! requirement referred to in this section, may be met b a security whose value is at least three times thc monthly charges of the deferred payment account cus' determined by the System personnel. Deferred payment accounts shall be invoiced monthl. due and payable upon receipt of statement. Pay received prior to the next statement date which is day of every month, will be considered delinquent. 0 0 Fee Schedule Page 13 B. DELINQUENCY AND RELATED CIEARGES: Monthly late charge for delinquent Deferred Payment will be equal to $50.00 plus 1% per month of the 1 unpaid balance as liquidated damages. If a Solid Waste System Facility customer is deling payments for any reason, the Director may requ customer to pay cash for subsequent transactio necessary, at the discretion of the Director, a cus is delinquent in payments for any reason may be deni to the System landfills or bin sites. Examples of d accounts include: 1. deferred payment accounts not paid in full pri next statement date, which is the first day month; 2. checks that are returned unpaid for any reason 3. non-deferred billing customers whose transactions are not paid in full within 30 da transaction date; 4. mandatory recycling ordinance administrat surcharges not paid in full within 60 days. C. PROCESSING FEES: 1. Processing fee for checks ............ $ 25.4 accepted in payment at any proc Solid Waste Facility which are returned by the bank unpaid for any reason. 2. Processing fee for uncollected ....... $ 25.( suspended transactions which have trax not been paid in full within 30 days after the transaction date. This fee applies to non-deferred billing customers. 3. Processing fee for duplicating ....... $ 5.01 tic1 doc1 V. MANDATORY RECYCLING IN EFFECT AT COUNTY DISPOSAL FACILI' Mandatory recycling shall be in effect at all Authorit facilities. The disposal of designated recyclable mate residential, commercial, and industrial sources is pro1 accordance with a regional implementation schedule (Part A recycling guide is available from the fee collectors. 0 0 Fee Schedule Page 14 A. CITIZEN HAULED WASTES Citizens hauling their own refuse in cars, vans an1 trucks are prohibited from disposing of designated re recyclable items and yard waste with refuse. At all facilities, collection bins are available for dc recyclable items and drop-off locations are provided waste. Citizens hauling their own refuse to County facilities who fail to properly separate and depot recyclable materials in accordance with the Sol Ordinance and the rules and regulations of the : facility, will be subject to a $15 administrative fc B. COMMERCIAL HAULERS Commercial haulers disposing of waste at County landl prohibited from disposing of designated red commercial, and industrial recyclable items. C. COLLECTION ANT3 SEPARATION REQUIREMENTS Waste haulers operating in the unincorporated area county are required to provide their customers with cc and collection service for designated recyclable i accordance with the regional implementation schedulc generators are responsible for separating de recyclable items from refuse prior to refuse collect D. DESIGNATED RECYCLABLE MATERIALS 1. RESIDENTIAL RECYCLABLE ITEMS: Aluminum, glass bottles and jars, newspaper, beverage bottles, tin and bi-metal cans, White Gc yard wastes. 2. COMMERCIAL RECYCLABLE ITEMS: a. From office buildings of more than 20,00( feet used for commercial, government educational purposes: aluminum, co cardboard, newspaper, and office paper. b. From hospitality facilities which inclu restaurants and taverns, and hotels and mot eating and drinking establishments: a corrugated cardboard, glass jars and plastic beverage bottles, tin and bi-nets and white goods. e 0 Fee Schedule Page 15 3. INDUSTRIAL RECYCLABLE ITEMS: Industrial loads consisting of 90% or more of an: the following materials: asphalt, concrete, dii clearing brush, sand, or rock. E. MANDATORY RECYCLING IMPLEMENTATION SCHEDULE Disposal of designated recyclables is prohibited. event that citizens or haulers mix designated recycli with their waste for disposal, administrative fee su may be imposed in accordance with the following implem schedule. Voluntary compliance also may be obtained 1 warning, notice of violations, or educational means. North South East County County County Region Region Region Citizen hauled! $15 Admin. Fee Sept 1, 1991 Mar 1, 1992 Sept 1, Residential Single Family: Warnings Aug 1, 1991 Mar 1, 1992 Sept 1, $25 Admin. Fee Nov 1, 1991 June 1, 1992 Dec 1, $50 Admin. Fee Jan 1, 1992 Aug 1, 1992 Feb 1, $100 Admin. Fee Mar 1, 1992 Oct 1, 1992 Apr 1, Residential Multi-family: Warnings July 1, 1992 July 1, 1993 July 1, $25 Admin. Fee Oct 1, 1992 Oct 1, 1993 Oct 1, $50 Adrain. Fee Dee 1, 1992 Dec 1, 1993 Dec 1, $100 Admin. Fee Feb 1, 1993 Feb 1, 1994 Feb 1, Yard Waste: Warnings Jan 1, 1992 Jan 1, 1993 Jan 1, $25 Admin. Fee July 1, 1992 Apr 1, 1993 Apr 1, $50 Admin. Fee. Sept 1, 1992 June 1, 1993 June 1, $100 Admin. Fee Nov 1, 1992 Aug 1, 1993 Aug 1, Commercial Office Buildings & Hospitality Facilities: Warnings July 1, 1992 July 1, 1993 July 1, $25 Admin. Fee Oct 1, 1992 Oct 1, 1993 Oct 1 $50 Admin. Fee Dec 1, 1992 Dec 1, 1993 Dec 1 $100 Admin. Fee Feb 1, 1993 Feb 1, 1994 Feb 1 Industrial: Warnings Oct 1, 1991 Oct 1, 1992 Oct 1 $25 Admin. Fee Jan 1, 1992 Jan 1, 1993 Jan 1 $50 Admin. Fee Mar 1, 1992 Mar 1, 1993 Mar 1 $100 Admin. Fee May 1, 1992 May 1, 1993 May 1 e 0 Fee Schedule Page 16 VI. MISCELLANEOUS A. Section 68.505, Chapter 5 of the County Code and Secl 23114 and 23115 of the California Vehicle Cc incorporated by this reference. Any person using obscene, offensive or threatening lanl behavior toward disposal site personnel in the perfon their duties may be denied entrance to or use of a Sol Facility for a period of time as determined by t Manager. B. VII. DEFINITIONS A. CLEAN FILL: Clean earthen fill material qualifying for use as co must consist only of soil and/or material less than 6 dimension. If accepted, clean fill disposal ex require from one (1) to five (5) days pre-approval Solid Waste Office depending on the quantity and materials to be delivered. Soil analysis may be requ the owner or transporter to help determine the appropr of the soil for use as cover material. Be CLEAN GREEN: Any load containing "greenta materials only. Greens inc leaves, grass clippings, shrubbery, brush, tree trunks and branches that are appropriate for mulching and corn mulching. Palm, cactus are some succulents are not suita C. CLEAlI WOOD WASTE: Any load containing wood waste only. Wood waste lumber, pallets, wood blocks, fencing, and shavings, appropriate for mulching and composting. Wood waste treated or painted wood and shingles, D. DEMOLITION MATERIAL: Any load containing 20% or more heavy, bulky, dense, compressible materials, similar to the following classified as demolition waste: including concrete, asphalt, all land clearing materials, cobblestone plumbing fixtures and pipe, electrical fixtures, I used in the construction or razing of structures (: products, etc. fences, patios, storage sheds, or decking) I gravel, s 0 0 Fee Schedule Page 17 E. Vehiole Definitions: In order to achieve uniformity in assessing fees 1 vehicles and trucks, tQe following vehicles will 1 these specific categories . The final determinatio. for all vehicles will be made by the fee collectc 1. CARS and STATION WAGON (include but are not lim Wranglers, Bronco IIs, Scouts, , S-Blazers, SI Cruisers, Samurais, Raiders, Monteros, 4 Explorers, Cherokees, Pathfinders, and Jimmy S 2. PICK-UP TRUCK (include but are not limited to) disposal facility when visually inspecting the load Passenger Vans, Travelalls, Suburbans, Volkswagj campers, minivans (including the Astro, Aerostar Voyager, Caravan, Toyota Cargovan, Mitsubishi Caminos, Rancheros, Blazers, Jimmys, Bronco: Troopers, Wagoneers, and full-size Land Cruise] 3. MODIFIED VEHICLES: The above pertains to standard vehicles on1 vehicles modified in a way that alters cargo will be charged by weight. F. WHITE GOODS: Any of the following household appliances: dish stoves, refrigerators, freezers, clothes washers, dq hot water heaters. VIII. COLLECTOR AND TRANSPORT PERMIT FEES The following fees are established for Collector Pen Transporter Permits. A. COLLECTOR PERMIT FEES Fe 1. NEW PERMITS (Class ltA1l or Class @IBV1) Initial Filing Fee $1 Decal Fee (each truck) $1 Filing Fee $ Collector Permit Fee (each permit area) $ Decal Fee (each truck) $1 Collector Permit Area Fee (each permit area) $ 2. RENEWAL PERMITS (Class @@A1# or Class l1BI1) 0 0 Fee Schedule Page 18 Be TRANSPORTER PERMIT FEES Feel' 1. NEW PERMITS Filing Fee $10 Transporter Permit Fee $10 Decal Fee (each truck) $15 Filing Fee $: Transporter Permit Fee $I( Decal Fee (each truck) $I! 2. RENEWAL PERMITS Cm HANDATORY DECALING: To facilitate the charge-by-weight system and c processing at System landfills, all drag-on boxes commercial vehicles and trailers normally charged by shall be decaled and may be retared at the discretio Director. The Director may at his/her discretion, waive the requ for decaling for those haulers who frequent the landfills four or less times a calendar year. The Director may at his/her discretion, refuse ( haulers who do not comply with the decaling program. IX. INSURANCE REOUIREMENTS Every permittee shall maintain and keep in force the 1 insurance coverages and limits: COVERAGE LIMITS Worker's Compensation Statutory General Liability 1. $ 500,000 bodily injury pel 2. $1,000,000 bodily inji occurrence 3. $250,000 property damage o of 1, 2, 3 above combinc limit bodily injury and damage coverage of $1,000, Each policy of insurance shall contain the following cla A. "Certificate Holder (County of San Diego and the Sc Authority) shall be named Additional Insured ! respects operations performed by or on behalf of Insuredf1 e 0 .. " Fee Schedule Page 19 B, "It is agreed that these policies shall not be ca altered or coverage reduced until thirty (30) days af Certificate Holder shall have received written notice cancellation, alteration or reduction, The notice s deemed effective on the date delivered to said Cert Holder, as evidenced by properly validated return re4 This resolution is PASSED AND ADOPTED by the San Diego Soli Authority, State of California, to be effective this eleventh August, 1994 by the following vote: c 0 0 RESO&UTIONMO. 1996 02 AmW"ION OFTHE SAND- SOLID WA AUTHORI[TY~~GT€YATTBEeSTAEllusHMl STATUTO~Y EXEMPT FROM TEE CAWFOR: IE"MENTAu,QU~AcT OP RATES AND CHARGES (T1oIE TIP FEE) To mREAS, the San Dkgo Solid Waste Authority has giv proposed establishment of a revised set of rates and charges for use Solid Waste System; and WHEREAS, &e Authority eonduct& public hearings regarding t and charges on August 1 and August 11, 1994; and WHEREAS, the Authority adopted Resolution No. estab charges to meet operating expensesg financial reserve needs including, b debt service and capital projects necessary to maintain disposal seMm San Diego boundaries; and WHEREAS, the Authority hereby finds that all rates and charge for the purpose of rnecting thc needs asset forth in CEQA, State G 15273(~). NOW, THEREFORE, the $an Diego Solid Waste Authority here DECLARES AS FOLLOWS: 1. F'indivg; That the rates and charges established by Resolution No. - specific purposes set forth in State Guideline Section 15273(a)(l), (2), 1 //I v 0 * P- 2. subs idiary k 'indinu. The rata and charges established by Resolution No. ,- PnI . per ton disposal rate charge. The Authority finds and declares that ($55.00) per ton member rate is needed to meet daily operating expenses, tbe purchase or lease of sunplies atld equipment, otheP mnb and the meeting of financial reserve needs. The Authority's 1994-95 incorporated herein by reference to support this finding. A differential rate is proposed for normember entities as set fc No, e This rate is comprised of fee charges to recou stated above; and B) existing debt service costs, active landfill closure/$ inactive landi3.l annual operating costs, inactive landfdl capital costs am reserve funding. None of these fees to recapture said costs entail finding a reserve projects for the expansion of the existing system. PASSED AND AI)OR'ED at a regular meeting of the San Di day of hlanagcment Authority held this - (.I RS:cj + : H874) 08fLOl94 L 5 SOLB WASTE AU1RHORITY FAX COWR SIIEET &PLEASE EXPEDITE D&XIVERY OF FMITlME SENSfl Date No. of rages 8 (Tncluding Cover) Name: Agency: &I6 b A * Fax Number: - Tdephone Number: -US .. r.r- .- SUBJECT: cm%rbrc'c( h u- *****:irtttt*t*t+***t* Sender: Tom ,We-Ut lid Waste --l COMMENTS: Fax Number: 6lm31-5794 . ~ Telephone Number: ,619/5,? & pot your informtion Confidential - his material is being fomarwip your request. A Ptmse schedule the following meeting on your calwW, - Please call to discuss further. ADDmONAL COMMIENTS: fiW4&4 is 4-k %fee Yav Lk-Ck %e. Gdkd <A t/eAf ,&S Na& htm ya ,.q&!2 'A--TA9" kfk OP' T P f[&.$L h A& het;%k+L *4O&idMI1 ig p" xm TTeA&J loryL d@k+du 6 4Q Lk dda5 fa rL2?i $: / If the information you receive is illegible or Incomplete, please call 531-6174 3WLIU VVrn31L mulwb@lI I DRAFT . AN AGREEMENTBETWEEN SAN PIEGO SOLID WASTE AUTHORITY PRQWDING FOR TIP FEE RATES AND OTHERTERMS AND CONDITIONS AND T€E CITYOF THIS AGREEMENTis made this -day of .. 1 1994 (the " Date"), by and between the SAN DIEGO SOLID WASTE AUTHORITY, (he t (he referred to as "City"). referd to as *Authority"), and the CITY OF RECITALS WIIEREAS, the Authority was formed under a joint powers authority agrcem JPA Agreement") between the County of San Diego and the Citiu of Del Mar, I Lemon Grove, National City, Poway, $o?ana Beach and Vista an June 1, 1994; a WHEREAS,pursuant t9 Government Code Section 6500 et, seq,, the Authc exercise the common powers of its member agencies, which are further described ii Agrcemmt; and WHEREAS,the PA Agreement provides for the transfer to the Authod operation, management, control and ownership of the County solid waste sy "Regional System"); and System; and WHERIEAS, the Authority is responsible for the administration of the WIIEREAS,the Authority may properly establish rates and fees for the u Regional System, including evaIuation of the costs of operation and maintenance setting of corresponding user fees, which shall be applicable M the agencies an desiring continued use 6 the Regional System without corresponding partidpatic Authority; WHEREAS, the Parties desire to enter into an agreement for the pi establishing the rights and obfigations applicable to the City'suse of the Rcgionr over the term of this Agreement; and WIIEIUZAS, It is the intent of the parties that the City shalt be offcrcd an OF to become a voting member of the Authority in conjunction with the succe Authority in managing the Regional System in a manner that effects an actual rc( the costs of operating and maintaining the Regional System. 1 0 0 NOW, THEREFORE, in consideration of the benefits and obligations of each Parties herwnder, the Parties agree as follows: l, -Fee- The partiea agree that the City of shall continue its use Regional System for the disposal of its municipal solid waste, which shall be of generally accepted for disposal at municipal landfills. The City wgrw to pay a l3a for use of the Regional System of Sixty-five Dollars ($65.00) per ton of solid waste de (the "Base Fee") for a period of three (3) years from the effective date of this Agrc (the "Ease Perid"). During the Base Period, the Ekse Fee shall be increased by the Adjusted CE Adjusted CPI will be in accordance with the Consumer Price Index for the then year, which is applicable to the $an Diego Urban Area, minus the CPI effec t 1994. 2. Tenn The term of this Agreement shall be for a period of three (3) yws fi Effective Date of this Agreement. 3, wys Continuinfz Ob -ti0 ns... tQJ&mj&l with&stc m, A. Conditional Membersh im ig&& 4 5;" On or before three (3) years from the Effective Date, the Authoi tedvC0 the Base Fee to Forty-eight Dollar4 ($48) pe' ton oi 1 "Reduced Fee"); prvvided hQwever, that the Reduced Fee may, at the of the Authority, include a 5% increase from the Forty-eight Doll amount ib accordance with actual changcs in the costs of operat maintaining the Regional System. B, np of Tiu Fee Rate r Authority shall serve written notice to City of the Reduced Fee extended term tip fee applicable to services to be provided ur Agreement for the subsequent fourth (4&) year by not later than t days prior to the termination date of the thrce (3) year term. m'* P Li c 5,' F- 1- 2 "JyJL i7 c /' 1 - < l, %" ,,, I/ ti. i) ??, r // v -i yh' 2 e 0 C. In the event that the Authority has not served the notice provided subparagraph B by the date sixty (60) days prior to the termination I this Agreement, all obligations and rights as set forth in this Agreerner then automatically terminate, D. Reduced~Achiwed/W {& ell Oa ndtice by the Authority that the reduced fee hag been achiwed 4 Based on Hieher T~D Fee. 1. City shall notify the Authority of its dwisbn to a voting member of the Authotity in accordance 1 procedures and terms of the JPA Agreement, o City and Authotity agree that this Agreerner automatically extend for a period of ten (10) yc 2. E. Tb - Fee Revision. 1, If & city bwrnes a voting member of the A the tip-fee shall be the fce paid by the vothg r of the Authority and this Agreement shall term Tf the Agreement is extended for ten (10) years, Base Fee shall be adjustcd to the sum of the 1 Fee plus Ten Dollars per ton ($lo), which ama be paid by City during the fourth year folh Effective Date, Thereafter, the Base Fce shal sum of the Reduced Fee plus Ten Dollars per 1 plus the CPI. The tip fee may be further adjusted by the 1 from time to time during the extend4 tcrm as I to reflect costs from changes in federal, state Iaw m occurring due to "fQrce majeure" events, but not limited to acts of God, natural disasters, catastrophic events. 2. 3. 3 0 0 F. City shall notify the Authority in writing at least thirty (30) days pi termination of this Agreement of its decision to either become member of the Authority or to continue use of the Regional System I extended term of this Agreement, If City elects to become a memb Authority, it shall complete pdings to join the Authority during (30) day period following the expiration date of this Agreement. G. The Authority agrees to prepare Regional System Reports, which delivered to City on or before My 30 of each yat Elach Regiana Report shall identify the financial status of the Regional System anc detailed information as to the progress of the Authority in reac Reduced Fee. The Regional System Report shalt be prepared in ac with the audit requirements of the JPA Agreement. The Authoi prepare prompt and complcte responses tuquestions received from respect to any Regional System Report. Citv Nob 'ce of r2erisina, 4, Citv's Waste How. City agrees to deliver, or arrange to have delivered, all acceptable waste 2 within its municipal boundaria to Authority'slCounty's system facilities. A. Chan gg in Law.. If a change or interpretation in applicable law impairs or pmlud Party from complying with this Section, such Party shall use its best the extent practicable to effectuate executive, legislative or judicial 4 Qr relief from said change of law so as to enable City to lawfully re! obligation to deliver waste to system facilities. B. &dernnification , Authority agrees to indemnify City from the reasonable costs, expenses incurrod in defending any legal challenge brought to e enforcement of Section 4 of this Agreement. 4 0 0 C. tion for Recycling Activities. Notwithstanding anything In this Section to the contrary, City shall h right to recycle any solid waste by any means selected by City, and al recycled material shall be excluci@d from this direckd waste flow coni obligation. Author it.v’s Serv ice Ob ligations e 5. Authority, through its JPA Agreement powers, will provide, or cause to be p1 the service of management, handling and diqosd of all solid waste geracratcd members and non-members choosing to contract for system services. Nothing in this Agreement shall be deemed to prohibit or preclude Authotj providing management, handling and disposal of solid waste generated outside the region, or preclude the disposal of system directed waste at disposal facilities out region. In the event that a change in applicable law impairs or precludes the Author complying with this obligation, the Authority shall use its best efforts, to tht practicable, to effectuate executive, legislative or judicial change in or relief f applicability of such law $0 as to enable the Authority lawfully to resume complias this obligatbn as Soon ag possible following the change in applicabh law. The eS such best efforts by the Authority under such circumstances shall be deerncd to be I to satisfy this obligation. ti. &2ve-t1it v, In the event that a substantive provision of this Agreement shall be detem be invalid, illegal or unenforceable in any respect, the Parties hereto shall negotiate faith such amendments, modifications or supplements to this Agreement or su appropiate action as shall, to the maximum extent practicable in light determination, implement and give effect to the intentions of the Parties as rcflwta If negotiations when held in good faith fail, the Parties will have the tight to termi Agreement. 7. Notices, All noths, demands or requests pursuant to this Agrement shall be in wr notices, demands and requests to be sent to any Party shall be deemed to h property given or served on the date actually received, if personally sewed or de1 the United States mail, addressed to such Party, postage prepaid, rcgistercd or cert return receipt requested, at the addresses idcntificd bclow. 5 0 0 TO AU'I'XXORI'I": San Diego Solid Waste Authority Attention: Mr. Tom Webster 9621 Ridgehaven Court San Diego, CA 92123 Interim General Manager TO CITY: a 8. Atto.mvs'Fgg& In the event of any action or proceeding at law or in equity between Auth City to enforce any provision of this Agreement or to protect or establish any remedy of Authority Qr City, the unsuccessful py to such action or proceeding to the prevailing party, all costs and expenses, including without limitation, re attorneys' and paralegals' fees and expenses, incurred in such action or proceedir any appeal in connection therewith by such prevailing party, whether or not sut proceeding or appeal is prosecuted to judgment or other final determination, toge all casts of enforcement andor collection of any judgment or other relief. 9. mre Aamrnenk This Agreement, together with my other written dwcurncnt referre contemplated herein, embodies the entire Agreement and understanding between tl relating to the subject matter hereto and may be modified only by written agreeme by all of the Parties, 10. Authority tmm ite. Each signatory wmants that it has the authority to enter into this Agrcen 11. ffeadlna The captions and headings in this Agreement are for convenience only ad define or limit the provisions hereof. 12. Waiver, No breach of any provision herein can be waived unless in writing, Waiv one breach of any provision herein shall not be deemed to be a waiver or any othr of the same or other provision hereof. 6 0 0 13. &rlWg& All Parties hereto shall have the right to commence any action at law or including specific performance, to remedy a breach of the terms herein, provid{ neither Party shalt have the right to terminate this Agrement except as provided 7 IN m WHEREOF, the Authority and the City have sign Agreement as of this date first set forth above. AUTIIOIUTY: SAN btECO 80LIb WAfiTBAmOR' Chairman BY CITY: CITY OF BY 7 0 4 (\I/- // a 4 --4.- -- CITY OF CHUM VISTA OFFICE OF THE MAYOR TIM NADER August 29, 1994 VIA FAX Chairman Dal Williams and Members San Diego Solid Waste Authority 1600 Pacific Highway - Room 21 5 San Diego, CA 921 01 -2470 Dear Chairman Williams and Members of the Authority: This letter is in reply to the Authority’s August 1 1, 1994 action regarding non solid waste contract options and your letter to me dated August 15, 19 appreciate the efforts and work to date on this matter and our staff has met 1 General Manager and Assistant General Manager. However, we still have a n questions, and some information, such as draft contract language, which ha been received. On August 23, 1994, our Council (4-0) requested as follows: 1) I’ 2) That the time frame for resolution of the non-member contracts be extc That the deadline for non-member contract signature be December 1,199# of September 15, 1994 and that the rates take effect January 1, 1995 ir October 1, 1994; That the current tip fee rate of $55/ton be maintained for the interim; ai That the Authority authorize the General Manager to be able to discuss a contract options or counter-proposals. , 3) 4) 276 FOURTH AVENUEEHULA VISTA, CALIFORNIA 91910/(619) 691-5044 0 0 We feel that proceeding in the above manner results in a more realistic implement' schedule while not jeopardizing the Authority's ability to act in a timely fasl Hopefully, also, the additional opportunity for negotiation will result in a resolution v keeps the entire system intact, covers costs, allows the Authority the time need( examine alternatives, and is equitable for all parties. We appreciate your consideration. Sizcerely, ru Tim Nader Mayor TN : G K: m ab cc: City Council City Manager CITY OF CHULA VISTA EXHIBT' e e * 0 -0 - - DRAF' September 7, 1994 Chairman Dal Williams and Members of the San Diego Solid Waste Authority 7 600 Pacific Highway Room 215 San Diego, CA 92101-2470 Dear Chairman Williams and Members of the Authority: The purpose of this letter is to express the City of Carlsbad's position regarding the proposc member solid waste contract options as stated in your letter of August 15, 1994. The Carlsbad feels it is in the best interest of the Authority and non-members to work tog identiw ways to meet each other's needs while we each work towards our objectives. 7 sf Carlsbad certainly wishes the Authority well in its efforts to make the system more cost-E and competitive. A competitive cost-effective system would attract many customers afi likely wou/d meet the needs of most cities in the region. The City of Carlsbad views th Waste Authority as a vendor of disposal services, and as such, needs to be certain that taking advantage of opportunities in the marketplace to insure fair and reasonable trash At its September 6, 1994 meeting, our Council authorized and directed this letter be sei Authority and emphasized the following points: The current tip fee of $55 per ton be maintained for the interim and new rz effect January 7, 7995 instead of October 1, 7994, to avoid unne fluctuations in the trash rates charged to customers. The deadline for non-member contract signatures would be December instead of September 15, 1994, in order to provide time for the Agency i member cities to negotiate counter-proposals and other contract options th meet the needs of all parties. The Authority authorize the Interim General Manager to be able to discuss ~ptions and counter-proposals with representatives of the non-member ( The fact of the matter is non-member cities and the Authority both need each Other. fa in the short term, the Authority needs time to develop its plans and right-size to meet ti * * * 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 (61 9) 434-2830 - FAX (61 9) ' 0 e I T Chairman Daf Williams and Members of the San 0iego Solid Waste Authority Page 2 September 7, 1994 DRAFT objectives of its members. During this wind-down or reorganization period, the Authority nc trashflow to cover costs in order not to cause undue burden on its members. The non-me cities also need a period of time in order to develop other disposal options. Non-member need short-term capacity until those alternatives are implemented. A cooperative app between the Authority and non-members will minimize risks to all and would provide for a cost-effective and orderly transition. The issue of residual obligations of non-members system (closure, post-closure and NCRRA) is a more difficult issue and will not likely be re: in the short term. The City of Carlsbad would like to develop an agreement between the Au, and non-members to accomplish the aforementioned objectives. We are ready and de5 continue discussions with the Authority to develop an acceptable agreement and feel that in the best interest of all concerned. Sincerely, CLAUDE A. "BUD" LEWf S Mayor c: City Council City Manager City Attorney County Board of Supervisors All Cities in San Diego County