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HomeMy WebLinkAbout; San Diego, County of; 1997-0389855; Other- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK OFWINAL *;icf 9 ill ! OFFICIAL RECORDS l SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SflITH, COUNTY RECURDEA ,. FEES: 0.00 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 221 +! I I IllIll lllll Ill llllllll~~~~~~~ lllll lllll lllll III Ill1 i 1 , SETTLEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD THE COUNTY OF SAN DIEGO 7 AND COAST WASTE MANAGEMENT ,,“a This Settlement Agreement and Mutual Release (“Agreement”) is made and entered into this day of August, 1997, by and among the CITY OF CARLSBAD, California, a municipal ‘2 corporation (“Carlsbad”), COAST WASTE MANAGEMENT, INC., a California corporation (“Coast”), and the COUNTY OF SAN DIEGO, a political subdivision of the State of California (the “County”). I. RECITALS A. The County owns the Palomar Transfer Station Site (the “Facility”) in Carlsbad, California (County Real Property Parcel Numbers 84-0127-A & 86-0442-Al-B), which it leased to Coast under County Contract No. 70630R (the “1984 Lease”). B. During 1994, disputes arose among the parties as to their respective rights and duties with respect to the Palomar Transfer Station, including the following litigation: 1. Coast Waste Managemenl, Inc., et al. v. County of San Diego, et al., U.S. District Court No. 94-l 823-IEG (a challenge by Coast and Carlsbad seeking to prevent the County’s termination of Coast’s 1984 Lease). F:\CLIENTS\Cn%AD\COASTWS~~~C~C~.385 FINAL SETTLEMENT AGREEMENT 1 : 1 i , 222 : 2. City of Carisbad v. County of San piego, et al., San Diego Superior Court Case No. N664 15 (an eminent domain action seeking to acquire the Palomar Transfer Station property from the County). C. The San Diego Solid Waste Authority, a joint powers authority (the “Authority”) was a party defendant to Case No. 94-l 823-IEG. However, upon motion by Coast, the Authority was dismissed from that action by order of the Court tiled March 11, 1996. D. In June 1996, the Parties filed a Stipulation for Settlement and Mutual Dismissals Without Prejudice with the United States District Court; the Court entered an order on that stipulation on September 6, 1996. The Stipulation provided that because of uncertainties over the future operation of the San Marcos Landfill and the transition of assets to the Authority, the 1984 Lease to Coast was amended and extended for an “Interim Lease Period,” lasting until May 3 1, 1997. The Stipulation further provided that during the Interim Lease Period, the parties would agree to “meet, confer and negotiate in good faith with respect to the permanent, longer term settlement,” E. On September 23, 1996, in County of San Diego v. City of San Marcos, et al., Case No. 679514, the Superior Court upheld a City of San Marcos order that the San Marcos Landfill must cease receiving solid waste for disposal no later than March 11, 1997. F. G. The Authority has dissolved. The Authority is not a party to this Agreement. The parties have now reached a full and complete agreement to convert the dismissal in the Coast Waste, inc., et al. v. County of San Diego, et al. case referenced above to a dismissal with prejudice, without any admission of legal fault, wrongdoing, or liability on the part of any party. The agreement is to be carried out through this Agreement, and through the Leases described in section IV below (“the Leases”). It is the intent of the Parties that this be a full, final, F:\CLIEl\rrS\CITCAD\COASTWSTWS~N~~~~N~C~C.~t~.385 FINAL SETTLEMENT AGREEMENT 2 and complete settlement of the above-referenced litigation, ‘except to the extent that any party has expressly reserved rights in this Agreement and/or through the Leases. H. The Parties agree and find in executing this Agreement that (i) the County is a participant in the market for solid waste disposal services; (ii) Carlsbad and the County are acting as local agencies to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs, pursuant to the powers vested in them in Public Resources Code Section 40002; and (iii) this Agreement and the Leases serve a legitimate public purpose in connection with the safe and cost effective disposal of solid waste. The Parties agree that this Agreement and its implementing Leases do not violate the federal Commerce Clause, the Sherman Anti-Trust Act, or any other similar provision of federal or state law. In consideration for the payments, promises and conditions below, it is the mutual intention of the Parties to release one another from these commerce clause, anti-trust, and similar claims. I. The Parties acknowledge that they reached an agreement in principle prior to March 12, 1997, and that, pending the completion and execution of this Agreement, all Parties have acted in reliance on the Agreement which is now being memorialized herein. J. To the extent that notice may be required pursuant to Public Resources Code section 49520 in order for this Agreement to terminate in five years as provided herein, the Parties acknowledge that such notice is deemed given. IL DEFINITIONS A. coast. The term “Coast” shall mean COAST WASTE MANAGEMENT, INC., a California corporation, and subject to the approval provisions of this Agreement and in the Leases, its F:\CI~IENTS\CITCAD\COASTWST\DOCIIMEh’nCITC~.~S5 FINAL SETTLEMENT AGREEMENT 3 : 8 I 224 ’ approved successors and assigns, or such other entity or sublessee as Carlsbad shall authorize to operate the Facility during the term of its use under this Agreement. B. Expansion. The term “Expansion” shall include any action to increase the handling capacity of the Facility above the 800 tons per day currently permitted by the Carlsbad CUP. C. Facilitv. The term “Facility” shall mean the land, improvements, transfer station and related facilities located on the property described in Exhibit A attached hereto. D. Lease. The term “Lease” shall mean (1) that certain Lease of real property and building space which the County Airports Division, as Lessor, and Carlsbad, as Lessee, intend to execute pursuant to this Agreement; and (2) the existing lease between the County Airports Division, as Lessor, and Coast, as Lessee, which was scheduled to terminate by its terms on May 3 I, 1997, but which was extended on a month-to-month basis pending execution of the Leases contemplated by this Agreement. The existing month-to-month lease as extended shall remain in effect until the new Leases are signed except that the leased property shall include the full 10.975 acres described in section IV. E. Leases. The term “Leases” refers collectively to the Lease and the Sublease. F. Sublease. The term “Sublease” shall refer to the sublease between Carlsbad and Coast, the key deal points of which are set forth in section IV and any subsequent sublease between Carlsbad and any successor to Coast, to be executed by Carlsbad as Sublessor and Coast as Sublessee. F:\CLIEN?‘S\CITCAD\COAS~~‘S~~N~C~C~.385 FINAL SETTLEMENT .4GREEh$ENT 4 1 : I 225 G. Recvcla bles. The term “Recyclables” shall refer to those items collected and brought to the Palomar Facility which are diverted for recycling, reclamation, or re-use and which are not sent to a landfill for disposal. H. Countv Landfill. The term “County Landfill” shall refer to the following landfills: Ramona Landfill, Sycamore Landfill and Otay Landfill. I. Countv. The term “County” shall mean the County of San Diego and, where indicated, its transferee. As indicated throughout this Agreement, this Agreement confers rights and obligations on the County’s Airports Division, as the Lessor of the property, and certain rights and obligations on the County’s Solid Waste Services. The parties acknowledge that the County is considering divestiture of some or all of its solid waste assets. Where indicated, the County’s transferee succeeds to the rights and obligations of the County’s Solid Waste Services in this Agreement. J. Divestiture. The term “divestiture” shall mean the County’s sale of some or all of its solid waste assets. HI. SETTLEMENT A. Basic Structure. 1. Lease For Collection. Oneration. Transfer and Related Solid Waste Purposes. The County Airports Division will lease the Facility to Carlsbad for use as a collection and operation center and for transfer and related solid waste purposes for a term of five years F:\CLIENTS\C~CAD\COAST~~Sr\~~~J~~~~CrrCA136.385 r FINAL SETTLEMENT .AGRF.EhGXl- 3 / 226 : - beginning June 1, 1997. Carlsbad shall sublease the site to Coast on a “pass through” basis, i.e Coast or a successor sublessee will operate and maintain the site, pay the rent, and otherwise perform all of the obligations of the Lease and Sublease, and of this Agreement, with respect to the site. Carlsbad will have a right of first refusal during the term of its Lease to acquire fee title to the Facility on the same terms and conditions as any prospective purchaser or transferee receiving fee title from the County should the County ever propose to sell or transfer the property. This right of first refusal is effective only during the term of the Lease, and shall expire upon termination of the Lease. The County shall notify Carlsbad of any offer to purchase or proposal to transfer fee title to the Facility and shall allow Carlsbad ninety (90) days after notice to exercise the option to acquire the Facility on the same terms and conditions. If Carlsbad fails to exercise the option to acquire the property within such ninety (90) days, it shall be deemed to have declined to exercise its right of first refusal. 2. Transfer Operations. Carlsbad as Lessee, and Coast as Sublessee, shall have the right to conduct transfer and transport activities at the Facility during the term of the Lease and Sublease on the terms and conditions set forth herein and in conformance with all applicable permits, laws, rules, and regulations, in addition to Coast’s right to continue its collection and operations use of the Facility. B. Permits and Processing. 1. Carlsbad. The parties acknowledge that the Carlsbad Planning Commission approved a CUP amendment for the project on March 5, 1997 to allow the Facility to operate at its original design capacity of 800 tons per day. Carlsbad’s action on the CUP amendment included CEQA compliance. The parties acknowledge and agree that on March 12, 1997, the Facility began operations at 800 tons per day in reliance on the CUP in anticipation of the final execution of this Agreement. F:\CLiENTS\CITCAD\COASTWSNXXJJMENTUTC~.38S FINAL SElTLEMENT AGREEMENT 6 1 I 227 2. Coast. Coast shall take any and all actions, provide information, and pay any fees, to promptly process through the Local Enforcement Agency (“LEA”) and the Integrated Waste Management Board (“IWMB”) an application to amend the Solid Waste Facilities Permit (“SWFP”) permit to allow operation of the Facility at 800 tons per day. 3. The County Solid Waste Services and Airports Division, as land Countv. owner, shall sign all permit applications giving their consent to processing and approval of the requested amendments, and shall in all other respects assist the prompt processing of the CUP and SWFP permit amendments and any Interim Order that may be necessary to allow continued operations at 800 tons per day. C. Trash Handliw and Transfer. The parties have agreed that the Facility can and should be operated by Carlsbad/Coast at its original design capacity of 800 tons per day, that operation at this capacity by March 12, 1997, was beneficial and important to the region, given that the San Marcos landfill was scheduled to close, and did close, after March 11, 1997, and that the use of the Facility to service 800 tons per day is an important part of the regional plan to provide safe, cost effective and environmentally sound waste service post San Marcos closure. Key aspects of the waste handling and transfer portions of the agreement between the parties are: 1. Service Areas. The 800 tons of capacity shall be made available consistent with any terms and conditions which may from time to time be set forth in the Carlsbad CUP and in the SWFP permit, 2. Limitations on Use of Palomar Facilitv. With respect to transfer operations, service at the Facility will be limited to: (4 Commercial Users: First priority shall be given to commercial waste haulers holding a County Waste Hauler’s Permit whose loads originate in any service area F:\CLIENTS\CITCADK!OASTWSNXXUh4FMIXlTCAD6.385 FINAL SE-ITLEMENT AGREEMENT 7 ’ , 228 which may from time to time be designated in the Carlsbad CUP. Second priority shall be given to other permitted commercial waste haulers with compactors and/or mechanical off loading devices. Third priority to all other users. At no time shall the per day tonnage limit set by Carlsbad’s CUP or the SWFP be exceeded. In the event that a dispute as to priority of use of the Facility should arise, the parties agree to meet and confer in good faith in an attempt to reach agreement on how available capacity should be allocated. If the parties are unable to so agree within 30 days, then Carlsbad shall have the right to make the final decision. (b) Self-Haul: Non-commercial, self haul loads shall be accepted on weekends only, or at such times, days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional conditions and restrictions on weekend self haul use of the Facility if traffic, litter, or other problems arise. The parties agree that Coast will carefully monitor its costs incurred in providing self haul service on the weekends, and that during the month of September 1997 the parties shall meet and confer in good faith to review Coast’s actual costs incurred to that time in providing this service, and Carlsbad and the County Solid Waste Services agree to adjust the rates which the County may charge to self haul users as appropriate to cover Coast’s documented costs and to provide a reasonable profit to Coast; w Buv-Back: Recyclable buy back shall be permitted on the terms and at the days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional reasonable conditions and restrictions on recyclable buy-back operations if traffic, litter, or other problems arise; (4 Hours and days of operations shall be as set in the Carlsbad CUP; (e) So long as Carlsbad is in good standing under its Lease, and Coast is in good standing under its Sublease, Coast may use the site for its non-transfer collection and other F:\CLLENTS\CITCAD\COASTWS’I’DOCU?dENIXI~CADG385 FINAL SETTLEMENT AGREEMENT 8 229 business activities within the restrictions of the Carlsbad General Plan, Zoning, City Code, and the CUP. 3. Transfer and Transport. Coast, or a successor sublessee, shall transfer waste at the facility from the incoming vehicles and self haul loads, all in conformance with the CUP, the SWFP, this Agreement, and applicable federal, state, and local laws, rules and regulations that may from time to time apply. Carlsbad shall have the right to approve of any substitute or new operator of the Facility besides Coast which approval shall not be unreasonably withheld. In addition, the County Airports Division, as landlord, shall have the right to approve the change in Sublessee, which approval shall not be unreasonably withheld, in conformance with the terms of the Lease and Sublease. 4. Recycling. Coast shall have the right to recover recyclables from the waste stream for reclamation, reuse, and resale. Loads entering the Facility that are 100 percent recyclables, and which are in fact reclaimed and/or recycled and not sent for disposal, shall not be subject to the fee payment structure set forth below applicable to all waste destined for disposal. With respect to loads of mixed waste that enter the facility, cross the scales, and pay fees pursuant to the schedule set forth below, a rebate or credit shall be given for any recyclables that are subsequently removed and actually reclaimed, reused or recycled and not sent for disposal. As to any such recyclables picked from the waste stream, recyclables so removed shall be re-weighed across the scales and an appropriate credit given at the same rate as the charges imposed when the material entered the Facility such that no fees shall be paid to the County Solid Waste Services, or its transferee, for materials that are actually diverted for recycling, reclamation, reuse and resale and which do not end up in a disposal facility. Any fees that are collected by the County Solid Waste Services, or its transferee, at the Facility gate at the time of entry of material which is later determined to be recyclables within the meaning of this paragraph shall be paid over to Coast. F:\CLIENTS\CITCAD\COASTWSTlDGCUMENTlCKCAi36.385 FINAL SETTLEMENT AGREEMENT 9 ’ I 230 In accordance with Section III(D) of the Fee Schedule’, Coast shall be responsible to provide information upon request, on the source of the waste being processed at the Facility or hauled to a landfill. If Coast willfully or negligently misrepresents the origin of the waste in a manner that could result in a material2 improper reporting of waste volumes for any jurisdiction, Coast will be subject to the administrative fees provided in the Fee Schedule. In the event that Coast is found responsible for three or more violations of the recycling provisions of this Agreement in any six (6) month period, in addition to the penalties provided above, such finding of three violations in any six (6) month period shall constitute a material, uncorrected, breach of this Agreement and of the Sublease entitling the County, or its transferee, or Carlsbad, to exercise their rights for uncorrected material breach, including termination of Coast’s rights under this Agreement and termination of the Sublease. 5. No Flow Control. Carlsbad and Coast shall be free to direct waste to any disposal site of their choosing. It is understood that disposal at a site not covered by the CEQA review and certification issued incident to the Carlsbad Planning Commission’s March 5, 1997 CUP amendment approval will require additional environmental review in the form of an initial study, negative declaration, EIR, or exemption, ‘The Fee Schedule is the schedule of fees set and published by the County or its transferee for use of its solid waste facilities and services. A copy of the relevant portion of the current edition of the Fee Schedule is attached hereto for reference as Exhibit B. 2The parties recognize that waste from a variety of commercial haulers, as well as from self haulers, will be entering the Facility and that these wastes may be commingled on the tipping floor and packaged in larger vehicles for transfer and transport. To the extent that transfer loads contain such commingled waste, Coast’s ability to accurately report the origin of waste in these transfer loads is only as good as the information that non-Coast controlled haulers and self haulers give to the County Solid Waste Services, or its transferee, at the entry gate to the Facility, although Coast retains a higher degree of responsibility for accuracy in reporting as to the origin of waste in Coast controlled vehicles entering the Facility. F:\CLlENTS\CITCAD\COASTWSTWSTUOCUMENliC1TCADG.3X5 FINAL SETTLEMENT ACrRKEMEhT 10 231 6. Tip Fee at Palomar. The parties agree that beginning March 12, 1997, the County was entitled to collect all fees for the placement or disposition of any solid waste at the Facility, except recyclables as provided for herein. The County Solid Waste Services, or its transferee, shall be entitled to collect such fees throughout the duration of the Lease. Coast and Carlsbad acknowledge and accept the changes made by the County to the fee booths and scales to accommodate fee collection pursuant to this Agreement, and agree that the County may make such further modifications as it deems necessary to the fee booths and scales, at its expense, to accommodate fee collection. In consideration of this Agreement and the Leases, the County makes the following guarantees. (a) Fee at Facilitv Gate. Beginning March 12, 1997, and continuing until May 3 1,2002, the total fee collected by the County Solid Waste Services, or its transferee, for the processing, placement or disposition of solid waste at the Facility shall not exceed thirty eight ($38) per ton. Of that amount, County Solid Waste Services, or its transferee, shall retain seventeen ($17) dollars per ton as its share of the tip fee for use of the Facility. W Disposal Fees For Transferred Waste. Beginning March 12, 1997, the County Solid Waste Services has provided, and until May 3 1,2002, it or its transferee shall continue to provide a basic reduced tip fee of eight ($8) dollars per ton for waste transferred from the Palomar Facility to a County Landfill (currently the Sycamore Landfill). Although not currently contemplated, if in the future waste from the Facility is directed to the Otay Landfill the basic reduced tip fee at Otay shall be six ($6) dollars per ton. (4 Disposal Fees for Waste in Excess of that Generated within the City of Carlsbad. Beginning March 12, 1997, the County Solid Waste Services has provided, and it or its transferee shall continue to provide until May 3 I, 2002, a further reduction in the tip fee at a County Landfill for waste transferred from the Palomar Facility which is in excess of the average F:\CLIENTS\C~CAD\COASTWS~~~~N~CITCAD6.385 FINAL SETTLEMENT AGREEMENT 11 232 daily tonnage of waste generated within the City of Carlsbad (Carlsbad’s trash)3. All waste up to 800 tons per day minus the waste generated within the City of Carlsbad and disposed of in County Landfills will receive a further reduction of $2.50 per ton. All waste between 800 and 1,000 tons per day, minus Carlsbad’s trash disposed of in County Landfills, will receive a further reduction of $3.25 from the basic tip fee of $8. The parties recognize that the capacity of the Facility is currently limited to 800 tons per day and that any increase above that level will require further applications to Carlsbad, the County Local Enforcement Agency, and the IWMB, and will be required to undergo appropriate environmental and other reviews. The purpose of the pricing provisions set forth herein respecting daily tonnages over 800 tons per day is only to confirm the agreement of the parties with respect to pricing should such additional tonnages ever be permitted in the future. (4 Transfer and Transport Fees to Coast. Beginning on March 12, 1997, the County Solid Waste Services has credited, and it or its transferee shall continue until May 3 1, 2002, to credit and pay to Coast, twenty one ($21) per ton of the Thirty Eight dollars per ton collected at the gate. This shall constitute payment in full to Coast for transfer and transport of waste to County Landfills under this Agreement. However, in the event that waste is ever directed ‘In computing the amount of waste generated within the City of Carlsbad and disposed of at County facilities, the parties agree that all waste generated within the corporate limits of the City of Carlsbad which is disposed of in County Landfills shall be counted, whether it is transferred and transported through the Palomar Facility, through direct haul, or otherwise, so long as it is disposed of in a County Landfill. The Parties further agree that the beginning number to be used as “Carlsbad’s trash” under this Agreement shall be based upon measurements of actual volumes received at the Facility from March 12, 1997 to April 12, 1997 and a starting baseline shall be set based on such measurements effective as of March 12, 1997 , and that Carlsbad’s actual tonnage shall be measured every six months thereafter and the baseline adjusted to reflect the actual figures. Further, the parties agree that adjustments will be made retroactively at each six month interval with appropriate additional charges to Carlsbad, or credits, as the case may be. F:\CLIENTS\CITCAD\COASTWST\DOCUMENTICITC.385 FINAL SE’lTLEMEh’T AGREEMENT 12 to the Otay Landfill for disposal rather than the Sycamore Landfill, Coast shall receive the additional two dollars as provided above in subsection (b). Coast’s compensation shall be adjusted to reflect any unusual changes in fuel prices incurred by Coast during the term of this Agreement related to the transport of waste from the Facility to a County Landfill. An “unusual change in fuel price” shall be defined as a 15 percent or greater change in the cost of fuel to Coast as set forth in the Oil Price Information Service (“OPIS”) Fuel Price Index, either up or down, within any 6 month period. If the 15 percent threshold is met, then Coast and the County or its transferee shall share evenly in such increase, or decrease, in fuel cost incurred during that 6 month period. If the parties cannot agree on the application of this fuel price change sharing provision with respect to a particular situation, any party may invoke the dispute resolution provisions of section 0 of this Agreement. In addition, if Coast believes that, as a direct result of entering into this Agreement, Coast experiences unavoidable material increases in its insurance costs, Coast shall be entitled to present a request for what it believes to be an appropriate adjustment in its compensation. If Coast presents such a request, Coast, Carlsbad, and the County Solid Waste Services, or its transferee, shall meet and confer in good faith to consider the basis for the request. If the Parties agree, an appropriate adjustment shall be made in Coast’s compensation. If the Parties do not agree, Coast may invoke the dispute resolution provisions of Section 0 of this Agreement. (4 Coast Collection and Transmittal to Carlsbad of Monies for Excess Tonnage Reductions. Beginning on March 12, 1997, and continuing to May 3 1,2002, Coast has collected, and shall continue to collect and transmit back to Carlsbad in cash, or in such other manner as Carlsbad may from time to time direct, and at such intervals as Carlsbad may direct, but not more than monthly, the amount of reduced tip fees for all waste disposed of in County Landfills above Carlsbad’s trash as set forth above. F:\CLIENTS\ClTCAD\COASTWS~CUMENTUTCAD6.385 FINAL SETTLEMENT AGREEMENT 13 . 234 IV. LEASES Under the prior Interim Settlement Agreement Coast had a one year lease from the County Airports Division expiring on May 3 I, 1997, for 7.243 acres. To accommodate implementation of this Agreement the parties intend to enter into new Leases increasing the leased acreage from 7.243 acres to 10.975 acres. The parties contemplate that the following Leases will be executed as soon as possible. Until the new Leases are signed, the parties contemplate extension of the existing one-year interim lease by separate letter agreement, on a month-to-month basis, provided however, that the rent payable and acreage leased starting June 1, 1997, shall be as set forth below in IV(A). The Leases shall conform to the following basic deal points: A. Master Lease From Countv to Carlsbad. There will be a master lease from the County Airports Division to Carlsbad. Key terms of this Lease include: 1. Acreage: 10.975; 2. Term: Five years, commencing June 1, 1997; 3. Rent: Starting June 1, 1997: $23,634.90 per month, subject to annual Cost of Living Adjustments as set forth in the Lease; 4. 5. Terms: Standard Airports Lease Terms as adjusted through negotiations of the parties; Termination: Quiet enjoyment to Carlsbad and subleases, early termination for material breach of lease that remains F:\CLIENTS\CITCAD\COASTWSl7DOCUME~ClTCAD6.385 FINAL SETTLEMENT AGREEMENT 14 235 uncorrected after notice, or for material breach of Settlement Agreement that remains uncorrected after notice; 6. Enforcement: Through standard lease enforcement; through Settlement Agreement, including forfeiture for failure to cure material breach after notice; 7. First Refusal: Right in favor of Carlsbad to first refusal to acquire title to the fee interest in the property as set forth above in paragraph IRA; B. Shared Tiu Fee Revenues to Count-v Solid Waste Services. At $17 per ton (not including recyclables) commencing March 12, 1997, payable to County Solid Waste Services, or its transferee. C. Carlsbad to Coast Sublease. There will be a Sublease from Carlsbad to Coast mirroring and passing through to Coast day to day operational control and responsibility for the site. Key terms of the Sublease will include: 1. 2. 3. Acreage: 10.975; Rent: Coast will pay all rent due on the site directly to the County Airports Division; Operations: Carlsbad will impose such oversight provisions and operating standards as it deems necessary to ensure that Coast safely and properly operates the Facility, such terms and provisions to reflect the negotiations of Coast and Carlsbad yet to occur, the terms and conditions of this F:\CLIENTS\CITCAD\COASTWS~~C~Nn~~~rCAI~6,3XS FINAL SETTLEMENT AGREEMENT 15 236 4. Other: 5. Term: 6. Extension: Agreement, and of the CUP for the Facility. An operations agreement may, in the discretion of Carlsbad, be separately prepared and incorporated into the Sublease; The Sublease shall ensure that any and all site related obligations imposed on Carlsbad by the Lease are passed through and become the obligation of Coast, including rent payment, maintenance of the Facility, etc., it being the intent that Coast will have the right to control and operate the Facility under its Sublease, with a right of quiet enjoyment, so long as it performs the site related obligations of the Lease, the Sublease, the CUP, any operations agreement, and this Agreement. Five years, commencing June 1, 1997. If the County does not proceed with the divestiture of the assets of the County Solid Waste System and instead decides to retain control of the system, then the County, Carlsbad, and Coast agree to meet and negotiate in good faith to reach agreement on three additional consecutive five (5) year option periods in the Leases (including the Sublease) for the use of the Facility, subject to the right of Carlsbad if it deems appropriate in its discretion to protect and promote the public interest, to undertake competitive bidding or a F:\CLIENTS\CITCAD\COASTWST\DOCUMENTICTTCAD6,3X5 FIXAL SETTLEMENT AGREEMENT 16 23’1” competitive proposal process with respect to Transfer and Transport operations at the Facility at the end of the initial five (5) year term. D. Proiect Desipn Enhancements. The parties have agreed as an important part of this Agreement that the project design enhancement measures set forth on Exhibit C hereto will be included in the project. These measures are being incorporated into the project as part of project design, and are agreed to as a contractual and settlement matter, independent of CEQA. The parties understand that these measures will eliminate any potential adverse impacts or unusual circumstances that might otherwise adversely affect the environment or Carlsbad and its residents arising incident to increasing operations at the Palomar site to 800 tons per day of transfer activity. The parties agree that these measures may be included as conditions of approval of the CUP as well as part of the project description if Carlsbad so desires to ensure that they are implemented. These measures, unless expressly stated otherwise, are to be funded by the County Solid Waste Services. E. Relationship of Apreement to CUP. 1. Settlement Agreement Controls. The parties agree that to the extent there is any ambiguity or conflict between the provisions of this Agreement and the CUP issued by Carlsbad, this Agreement shall control. The CUP shall be interpreted and enforced according to law in a manner consistent with this Agreement at all times. 2. Enforcement of CUP bv Carlsbad. With respect to the provisions of the CUP regarding enforcement by Carlsbad, and in particular condition 9 of the CUP, the parties agree that all of the following shall apply: F:\CLIENTS\CITCAD\COASTWS~~~Cr~CAI)~.~~~ FINAL SETTLEMENT AGREEMENT 17 (4 “Surrounding Properties” shall be defined in conformance with the Carlsbad Planning Department standard practice as those nearby properties potentially affected by the project, generally within Carlsbad’s standard notice distance of 600 feet of the boundaries of the Facility and those properties directly abutting a truck route in the City of Carlsbad that will be used by waste haul vehicles to access or exit the Facility, including collection vehicles and long- haul transfer vehicles. W “Negative effects” and/or “detrimental effects” shall not be found to exist by Carlsbad incident to any CUP enforcement action unless the effects are found, based on substantial evidence in the record, to be substantial and adverse, and not occasional. “Negative effects” and “detrimental effects” shall be limited to legitimate environmental, public health, and public safety issues as prescribed by law such as litter, illegal dumping, noise, and traffic disruption caused by the project. (4 In the event that Carlsbad believes the project has caused or is causing such effects, Carlsbad shall give notice to the County Solid Waste Services, or its transferee, (with a copy to the Airports Division) and/or Coast, as appropriate to the circumstances, meet and confer in good faith, and shall give a reasonable opportunity to cure. If the County Solid Waste Services, or its transferee, and/or Coast does not (1) attend a meet and confer session within 20 days of receiving notice thereof, or (2) (a) correct the problem within 30 calendar days, or (b) make good faith progress towards correction within 30 days, then Carlsbad may institute formal CUP enforcement proceedings. Carlsbad may revoke the CUP only if it first complies with all of the above and finds, based on substantial evidence in the record, that a material breach of the CUP has occurred which remains uncorrected after notice and opportunity to cure. F:\CLLENTS\CITCAD\COASTWSNXXJJMENlXTKAl~6.385 FTNAL. SETTL.EMENT AGREEMENT 18 239 The provisions of this subparagraph (E) were independently negotiated and agreed to as part of this Settlement Agreement, are not a precedent as to any other project, and do not apply to any other project. V. MUTUAL RELEASES AND DISMISSALS A. Release of Claims. The County, Carlsbad, Coast, and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, members, partners, joint venturers, parents, subsidiaries, affiliated and related entities, officers, directors, shareholders, principals, agents, servants, employees, representatives, insurers, sureties, attorneys, consultants, and experts, and each of them hereby jointly and severally release each other from any and liability for the claims, demands, controversies, actions, causes of action, obligations, liabilities, expenses, costs, attorneys’ fees and damages of whatever character, nature and kind, known and unknown, which arise out of the Facility and matters related to possession (whether as tenant or otherwise) of the Facility or any claim of right of access to or use of the Facility arising prior to the date of this Agreement, including without limitation those claims which were or could have been asserted in either of the lawsuits referenced above in Section I.B. B. Waiver of Protection of Civil Code 6 1542. Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the Claims described in Section A hereof Nevertheless, it is the intention of the Parties to fully, finally and forever settle and release all such matters, and all claims relating to them, which now exist or may have existed between them, or which arise out of or relate to the Claims. In furtherance of this intention, the releases F:\CLIENTS\CITCAD\COASTWS~UMENnCITCAD6.385 FINAL SETTLEMENT AGREEMENT 19 240 given herein shall be and remain in effect as full and complete mutual releases of all such matters notwithstanding the discovery or existence of additional or different claims or facts relating to them. Moreover, Carlsbad, Coast and the County, acknowledge that they have been advised by legal counsel, and that they are familiar with and specifically waive any and all rights and benefits conferred upon them by the provisions of Civil Code section 1542, which provides: GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. VI. NOTICES Any notices to be given under this Agreement shall be addressed as set forth in this section. Notices or documents sent to the County should be sent to: Tim Walsh, Deputy Director, Airports Division County of San Diego Department of Public Works 1960 Joe Crosson Drive El Cajon, CA 92020 Joseph S. Minner County Solid Waste Services County Operations Center MS-0383 5 55 5 Overland Avenue San Diego, CA 92123 With a copy to: Ofice of the County Counsel 1600 Pacific Highway, Room 355 San Diego, CA 92 101-2469 Attention: Diane Bardsley Notices to the City should be sent to: City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 F:\CLlENTS\CITCAD\COASTWS-NlOCUMEN’l-KT~CAD6.3X5 FINAL SEITLEMENT AGREEMENT 20 With a copy to: Ron Ball, City Attorney 1200 Carlsbad Village Drive Carlsbad, CA. 92008 Notices to Coast should be sent to: Conrad Pawelski, President Coast Waste Management, Inc. 5960 El Camino Real Carlsbad, CA 92009 With a copy to: White & Bright 355 W. Grand, Suite 2 Escondido, California 92025 Attention: Bruce White, Esq Any party may change the person and/or the address to which notice to it shall be provided by giving written notice to each of the other parties. VII. MISCELLANEOUS A. Disputed Claims. This Agreement represents the settlement of disputed claims and does not represent any admission of liability on the part of any party, each of which expressly denies any liability or responsibility. B. Governinp Law. This Agreement has been negotiated and entered into in the County of San Diego, State of California, and shall be governed by, construed and enforced in accordance with the internal laws of the State of California, applied to contracts made in California by California domiciliaries to be wholly performed in California. C. Waiver and Amendment. F:\CLIENTS\ClTCAD\COASTWST\DOCUMENnCITCA.385 FDJAL SETTLEMENT AGREEMENT 21 242 No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or other provisions hereof This Agreement may be amended only by a written agreement executed by the parties-in-interest at the time of the modification. D. Entire Aweement. This Agreement, its exhibits, and the Leases into which the parties intend to enter as provided in Section TV above, constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the Parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the Parties hereto. E. Independent Advice of Counsel. Each party to this Agreement represents that in executing this Agreement it relies solely upon its own judgment, belief and knowledge, and the advice and recommendations of its own independently selected counsel, concerning the nature, extent and duration of its rights and claims, and that it has not been influenced by any other party. F. Voluntarv Agreement. Each party to this Agreement further represents that it has carefully read this Agreement, understands its contents, and signs it freely and voluntarily. F:\CLIE~S\CITCAD\COASTW~nD(~IJ~N~~CITCAD6,3XS FINAL SETTLEMENT AGREEMENT 22 243 G. Severability. If any provision or any part of any provision of this Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the parties shall meet and confer in good faith in an effort to determine whether the Agreement and/or the Leases should continue. H. Attorneys’ Fees and Costs. The parties hereto acknowledge and agree that each shall bear its own costs, expenses, and attorneys’ fees arising out of or connected with the Action, the negotiation, drafting, execution and enforcement of this Agreement, and all matters arising out of or connected therewith, provided, however, that nothing herein shall supersede or replace the agreement between Coast and Carlsbad with respect to reimbursement of fees and costs. I. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, members, assigns, affiliates, partners, partnerships, parents, subsidiaries, and any related entities, officers, directors, principals, agents, servants, employees, representatives, and all firms, associations and/or corporations connected with each of them, including without limitation, their respective insurers, sureties, attorneys, consultants, and experts. It is expressly agreed that should the County sell or otherwise transfer some or all of the assets of its solid waste system that the obligations of this Agreement shall be binding on any such successor to the County’s interest to the full extent necessary to honor the terms and provisions hereof F:\CLIENTS\CITCAD\COASTWS’N~OCUMENTIC~TCAD~.~~~ FINAL SETTLEMENT AGREEMENT 23 244 J. Warranty of Authorized Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party from whom he or she purports to sign. K. Recording. The parties agree that this Agreement or an abstract thereof shall be recorded in the Offrce of the County Recorder of San Diego, California on each of the parcels which comprise the Facility. L. No Assignment of Claims. Each party has not assigned, transferred, or granted, or purported to assign, transfer or grant, any of the claims, demands, and causes of action disposed of by this Agreement. M. CounterDarts. This Agreement may be executed in two or more counterparts, each of which will be an original, but all of which shall constitute one and the same instrument. N. Assknabilitv. The parties acknowledge that the County is considering whether to sell the landfills and related solid waste disposal or processing components it owns. The parties further acknowledge that the interest of the County Solid Waste Services in this Agreement is an integral part of the County’s solid waste system. Accordingly, the parties agree that the County Solid Waste Services’ interest in this Agreement, or any part thereof, may be assigned at the sole option of the County to any such transferee(s), who will be bound by the terms and conditions hereof. F:\CLIENTS\CITCAD\COASTWST\DOCUMENnCn‘6.3~5 FINAL SETTLEMENT AGREEMEh’l 24 245 0. Dismte Resolution: Breach. 1. Dispute Resolution. Any dispute arising out of, or related to, this Agreement shall be handled as follows: (a> Meet and Confer: Step one in the dispute resolution process shall be an informal meet and confer session at which the Parties discuss the dispute or problem. Any Party to this Agreement may initiate the step one meet and confer process by giving written notice thereof to the other Parties. The Parties shall conduct at least one meet and confer session within 30 calendar days of the date of mailing of the notice, or at such other time as the Parties may agree. The meet and confer session may be continued, and additional meet and confer sessions may be held, upon the agreement of all Parties. w Other Remedies: The Parties shall retain their full rights to litigate, at law or in equity, any issue arising out of, or related to, this Agreement, provided that no litigation shall be commenced until at least one meet and confer session has been held as provided above. A meet and confer session shall be deemed to have been held in the event that a Party gives notice of a meet and confer session and one or more of the other Parties fails to attend at least one meet and confer session within the 30 day period. 2. Breach. Any breach of the terms of the Lease or the Sublease shall be considered a breach of this Agreement, and any breach of this Agreement shall be considered a breach of the Lease, the Sublease, or the Leases as the case may be. (a> Notice of Alleged Breach: In the event that one or more Parties believes that another Party or Parties has breached the terms of the Lease, the Sublease, or this Agreement, that Party shall give notice of the alleged breach, explaining the nature of the alleged breach and describing what the Party believes is reasonably required to cure the alleged breach. F:\CLIENTS\CTTCAD\CC)AST~‘S~C~~,ClTCAD6.385 FlNAL SETTLEMENT AGKEEMEhPT 25 -* 246 04 Right to Cure: Upon receipt of a notice of alleged breach, any Party shall have the right to cure the alleged breach within 30 calendar days of the date of mailing of the notice of alleged breach. In the event that the cure cannot reasonably be accomplished within said 30 day period, then the Party attempting to cure shall present evidence within said 30 day period of its reasonable good faith progress towards cure, together with a proposed deadline by which the cure will be completed. The proposed deadline shall in no event be later than 6 months fi-om the date of mailing of the notice of alleged breach, unless agreed otherwise by all Parties. cc> Uncorrected Material Breach: With respect to any material breach which is not cured within the time limits provided above, the Parties shall be entitled to appropriate remedies at law or in equity as may be determined by a court of competent jurisdiction, in addition to any specific remedies that may be stated herein or in the Lease or Sublease. In the event that a dispute arises under this subparagraph O(2) as to whether or not an alleged notice of breach was appropriately given, whether the time requirements have been met, whether the cure has been effective, or with respect to any other aspect of implementation of these breach and cure provisions, the Parties shall utilize the dispute resolution process set forth above in Section 0( 1) prior to invoking any litigation remedy. J/f I// f/f I// I// I// Ill F:\CLIENTS\ClTCAD\COASTWSlIDOCUMENTUTCAD6.385 FINAL SETTLEMENT AGREEMENT 26 ‘247 P. Dismissal of Litigation. The Parties shall execute appropriate documents to dismiss, with prejudice, the litigation referred to in Paragraph I(B)( 1) of this Agreement and to report to the court that the prior interim settlement has been converted to this permanent settlement. Notwithstanding, and if the Court is willing and has jurisdiction to do so, the Parties shall request that the Court, with the Honorable Magistrate Judge Louis Porter assigned, retain jurisdiction to mediate any disputes that may arise under this Agreement and to enforce this Agreement as may be required. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first noted above. Dated: ?\q’?T By: Dated: By: Dated: q/7/4 7 By: CITY QF CARSLBAD COUNTY OF SAN DIEGO LZWRENCE B. PRIOR, III Chief Administrative Officer COAST WASTE MANAGEPNT, INC. F:\CLtENTS\CITCAD\COASTWSTU)OCUMENnCITCA..385 FINAL SETTLEMENT AGREEMENT 27 s ‘248 APPROVED AS TO FORM AND CONTENT: Dated: ,q\ <) Ir/ Dated: 7 - $ 9’ Dated: By: By: WORDEN, WILLIAMS, RICHMOND & ELLIS A Professional Corporation Attorney for City of Carlsbad COUNTY OF SAN DIEGO WILLIAM DEAN SMITH, Dip&y Cfnmty Counsel Attorney for-Coast Waste Management, Inc. F:\CJJENTS\CITCAD\COASTWS-NXXLJMX~CITC~.385 FINAL SETTLEMENT AGREEMENT 28 1 , , - 249 ACKNOWLEDGEMENT STATE OF !ZALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On August 5, 1997 before me, Aletha L. (here insert the name and &.tle of the officer), Rautenkranz, City Clerk personally appeared Claude A. Lewis, Mayor I personally known to me @SISX~~&~X~X~XIXZ&~M&XB&X~ s&&iz&~~&,+&~@ to be the person&) whose name# ispn subscribed to the within instrument and acknowledged to me that hej&x+tbqc executed the same in his-$&e&s authorized capacityp&Psq, and that by his/w signature(@ on the instrument the person(q, or the entity upon behalf of which the person(w acted, executed the instrument. WITNESS my hand and official seal. Notary Pub1 A City Clerk WLEDGEMENT STATE OF Q&TJFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On August 5, 1997 before me, Aletha L. Rautenkranz, City Clerk (here insert the name and ;itle of the officer) personally appeared D. Dwight Worden, Attorney for the City of Cailsbad I personally known to me (arxlpagaaxadr&sx~~@~&&~&&&&~2 ~XI&&K~&~~XXXX&MXIXX@ to be the person+@ whose name&s) is/- subscribed to the within instrument and acknowledged to me that he@he#Mzey executed the same in his,&su+#&jrx authorized capacity@&-, and that by his/-$* signature(a on the instrument the person(M), or the entity upon behalf of which the person(=) acted, executed the instrument. WITNESS my hand and official seal. F:\CLJENTS\ClTCAD\COASTWS~UMEN-IlCITCAD6.38S FINAL SE’l-KEMENT AGREEMENT 29 ‘ . 250 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) before me, &/K&j i&f&, /&&Kqf&& tie of the office ), 'Ijersonally I ved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)@= subscribed to the within instrument and acknowledged to me that @I s&#&hey executed the authorized capacity(ies), signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. OWLEDGE- COUNTY OF SAN DIEGQ ) AlJ&lm f3, I997 before me (here'ynsert the name and Ci.le of th& &hP s. &LT9C#4 officer), personally appeared LfiwKENCti: @$ FPlDR a I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. STATE OF CALIFORNIA ) ) ss. WITNESS my hand and official seal. F:\CLIENTS\CITCAlXOASTWS~~~~ClTCAD6.38S FINAL SETTLEMENT AGREEMENT 30 , ,,- - - -. -._ . _- -- .- * II ,- ’ . . \ yp2.L-F: 2 .-. . . . .- y-- _ Palomar Solid.Waste - Transfer -C+- O.* ‘z>o feez \ . Site . --- A2 ti r-3 s11 $p P.?C.‘PCi- o- k LEGEND --b- . Soil-Sanple Location -b 4Dr2izage Blow 5 , i- t) 48’ RD ( 252 , z . . ‘lF+uDblAF~ AJrTz?9;~-r 0 A 3.122 AC . \~;SZ;-;r\, , is?ZP‘ ‘/ 0 8 2.115 AC : TOTAL - 5.237 AC . (8sO&Z-4.1) 8 UTILITY , 'ESM F/P 82-201566) NORTH @ N S7°12’S7“E 58.00’ Tp SCALE:l" = 200' Q R=100.00’ BASIS OF BEARING: as 44.G4’59’ C’ LU76.04’ SOL10 WASTE TRANSFER LEASE 0 SITE SURVEY per MUNICIPAL ENGINEER,INC. 12-7-83 Q sf1*4Z’o4~E .p 4.74 Yi 1 P % TE- 2379 jrrPARTMENT OF GENERAL SERVICES CVY~. DATE 05-14-87 SHEET MO I FACILITY AND REAL PROPZRIY DlVl.90~ DRAW m MDT *CALM 1 ‘I.= 200’ I Of I / COUNTY OF SAN’ DIEGO Mr PARCEL X0. 1 , ~AI nkrlhf) Fn h CT IAIA.PTr h A hL1 hfi~h 1~~ l - 253 WA : b-T:36 3 5 - .v .I Ef.L;",iE J - -_-., Palomar Solid Waste Transfer Site 0 la0 ‘x0 I feet ___- __. \ < P.?S.‘_rC;L sl’) 2&F , .YiL-‘/fvJl7i’ I-dn”F: NO SC7L-E ,/ 1 LSASE SITE to Pelonar Xixor; Fi '- LEGEND SO21 Sanple Location --c -cDrahage Flow < By: F.E. BAST, 12/! No. 97-191 254 . * - ATI’ACHMENT D TUESDAY, JUNE 24, 1997 June24,1997 AMENDMENT TO RESOLUTION NO. 77 ESTABLISHING SOLID WASTE MANAGEMENT AGREEMENT FEE AND REVISING SOLID WASTE DISPOSAL FEE SCHEDULE ON MOTION OF Supervisor cm Slater , be it resolved as follows: 9 seconded by Supervisor WHEREAS, Section 68.513 of the San Diego County Code authorizes this Board to establish fees for the use of designated County Solid Waste Facilities, and NOW, THEREFORE, BE IT RESOLVED as follows: The following fee schedule is hereby established: I. POSAK m - EFFEC’JXVE MAY l+ 1997 : A. GENERAL Fees for the disposal of Solid Waste shall be based upon the actual weight of waste delivered at the Otay, Ramona and Sycamore Landfills. A minimum fee will be assesxd on all Chargeby-Weight loads. At the Borrego LandfIll where scales are not available, fees shall be a flat rate based on historic averages for various vehicle types. At all landfillq fees shall be set rates for passenger vehicles, pickup trucks, or towing vehicle and small trailer* combinations, whose loaded weight is less than 6,000 pounds for General Refuse and 5,000 pounds for Clean Green material. Any vehicle, or combiion ofvehicles, whose loaded weight exceeds 6,000 pounds for refuse and 5,000 pounds for clean green material will be charged by weight. *(trailers measuring no more than 8’ long X 5’ wide X 3’ high) R-M The fees assessed for refuse delivered to the Palomar Transfer Station. (Leased Facility). 6/24/97 (77) Fee Schedule Page 2 C 255 4 June 24,1997 ES @ECl-JON 1-D) The fees assessed for refuse delivered to County of San Diego landfills. . CONT- STBTIs)N FEE3 (SecQon I-Q The fees assessed at the County of San Diego ~a.l container stations for residential refuse originating in the local service areas. Fees asxssed for the disposal of certain plant and wood wastes which are suitable for mulching and not contaminated with other refuse. Clean green and clean wood waste loads may be mixed. In the event of mixed loads, it is the responsibility of the customer to unload each type of waste at the appropriate recycling area or tipping deck on the 1andfU Fees asses&, in addition to the disposal fee, for specific items which require special handling for landfill disposal. . STRATJVR FEW (Sectron Q) Fees assessed, in addition to the disposal fee and separate from Special Handling Fees, to offset County staff time required for various non-typical items or events. B. DETERMINATION OF FEES 1. TONNAGE Mixed Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38.00 per ton (max) Clean Green or Clean Wood Waste . . . . . . . . . . . . . . . . $35.00 per ton 2. - a. Direct Haul Volume Discounts Discount rates will be offered to those companies with deferred accounts who direct haul to the County landfills. The $38.00 per ton base fee will be reduced as the Company’s total annual tonnage delivered to the County’s system increases. b. Transfer Truck Discounts . Dscmmts will be offered to transfer trucks originating from permitted transfer stations (other than the Palomar Transfer Station and the Interior Zone hauling contract.) . , ; . * . C 256 *Fee Schedule Page 3 June 24, 1997 C. Solid Waste Management Agreement Discounts Discounts will be offered to collectors that enter into Solid Waste Management Agreements with the County for waste direct hauled to County landfills. 3. CARS (See Section VII, part E, “Vehicle Detkritions”) Set rates have been established for Passenger Vehicles, Pickup Trucks, or towing vehicles and small trailer combinations, whose loaded weight is less than 6,000 pounds for General Refuse and 5,000 pounds for Clean Green material. Any vehicle, or combination of vehicles, whose loaded weight exceeds 6,000 pounds for refuse and 5,000 pounds for clean green material will be charged by weight. 4. FLAT In all cases where the actual weight of the refbse entering the landfill for disposal cannot be determined, flat rate fees (derived as the product of the appropriate tonnage rate times the average weight of loads for each category of vehicle or container) shall be assessed. c. PALOMARTRANSFER STATION GATE PEE : Ali Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38.00 per ton D. LANDF-ILLFEES The Fee for the disposal of residential, commercial, demolition, and/or industrial waste in County of San Diego Solid Waste Facilities is %38.00(max) per ton. A minimum fee of $15.00 for General Refuse and $8.00 for Clean Green will be assessed on all Charge-by-Weight loads. NOTE: At the Borrego landfill where scales are not available, flat rates will be asses& for all vehicles. Flat rates will be assessed at Sycamore, Otay and Ramona when scales are inoperable. ;. Fee Schedule Page 4 1. - 257 June24,1997 General Refuse Clean Green a. MinimumLoad* $ 5.00 $5.00 b. Passenger Vehicle $10.00 whose loaded weight is less than 6,000 pounds for refuse and 5,000 pounds for clean green $8.00 c. Pickup truck, or towing vehicle % 15.00 $8.00 and small trailer combination whose loaded weight is less than 6,000 pounds for refuse and 5,000 pounds for clean green At those landfills operating an on-site recycling facility, passenger cars and pickup trucks carrying 100% designated recyclable material from residential sources only will not be assessed a disposal fee. * Minimum Load : Any vehicle whose load is contained in not more than 3 standard 32-gallon trash cans or bags, will be assessed the minimum load fee. 2. VOJ XJMR DISCOUNTS Solid waste transported directly to the landfills in vehicles other than transfer tlUCkS. Base tipping fee: ~+-M=4 Deferred Accounts: . 3 . ear dehvg l-30,000 tons/year $36 per ton 30,001-200,000 tons/year $32 per ton >200,000 tons/year $30 per ton NOTES: 1) The differential rate applies to the tonnage a waste company with a deferred account direct hauls to a County landfill. 2) Tonnage delivered to Palomar Transfer Station will be included when calculating total aunua.l -for the purposes of determining the discount rate for direct haul. . . - 4 . . . 258 Fee Schedule Page 5 June 24,1997 3) Adjustments will be made according to the administrative policies and procedures for tipping fees. 3. Solid waste transported directly to the landfills in vehicles, other than transfer trucks, by collectors that have entered into a Solid Waste Management Agreement. Discounted Tipping Fee: $32.00 per ton NOTE: In the interim period until Solid Waste Management Agreements are approved by the Board of Supervisors and during the period allowed for preparing and entering into the Agreements, companies holding a valid County collector permit shall be eligible for the discount. 4. - Solid waste transported in transfer trucks originating fi-om permitted transfer stations other than the Palomar Transfer Station* a. Fee at Sycamore, Otay, Ramona and Borrego landfills for permitted haulers hauling from a permitted transfer station $25.00 per ton b. Fee at Qtay landfill for permitted haulers hauling from permitted transfer station greate . . r than 25 mm the Otav landfill $17.00 per ton *Excludes Interior Zone Rural Container Stations 5. SFER TRUCKS FROM PALQ,MAR TRANSFER STATION* Solid waste transported in transfer trucks originating from Palomar Transfer Station. l-325 326-800 >800** $8.00 per ton $5.50 per ton $4.75 per ton ‘1 . 259 Fee Schedule Page 6 June 24, 1997 NOTE: The first 325 tons per day are always charged $8.00 per ton. The next 475 tons are charged $5.50, etc. Adjustments will be made accorclmg to the administrative policies and procedures for tipping fees. * Bates for Palomar Transfer Station are contingent on the City of Carlsbad and the County of San Diego successfblly negotiating a settlement agreement and a lease agreement. ** Valid only ifwithin all permit limits and conditions. 6. SE COJ .T RCTION VE- XS - FLKLRAXES (be In all cases where the actual weight of the refuse entering the landfill for disposal cannot be determined, the following flat rate fees shall be assessed: a. Mechanical Packers: A B C D E F G 14 cubic yards or less 15 - 19 cubic yards 20 - 24 cubic yards 25 - 29 cubic yards 30 - 34 cubic yards 35 -39cubicyards 40 - 49 cubic yards b. Compacted roll-off: A B C D E F G 14 cubic yards or less 15 - 19 cubic yards 20 - 24 cubic yards 25 - 29 cubic yards 30 - 34 cubic yards 35 - 39 cubic yards 40 - 49 cubic yards $107.00 $ 99.00 $120.00 $ 111.00 $228.00 $ 210.00 $258.00 $ 238.00 $301.00 $ 278.00 $320.00 $ 297.00 $370.00 $ 340.00 $131.00 $164.00 $199.00 $225.00 $231.00 $235.00 $241 .OO Clean $ 121.00 $ 152.00 $ 183.00 $ 208.00 $ 212.00 $ 216.00 $ 223.00 - 260 Pee Schedule Page 7 June 24,1997 c. Un-compacted roll-off (drag-on boxes): !zQ&Ratesize A 20 cubic yards or less $236.00 $ 216.00 B 21- 30 cubic yards $163.00 $ 150.00 C 3 1 - 40 cubic yards $185.00 $ 170.00 D 41- 50 cubic yards $23 1 .OO % 212.00 d. Transfer Trucks $25.00 per ton (See Section I-D, Part 3a) Rate BLUE A BLUE B 55 - 60 cubic yards 61- 70 cubic yards $289.00 $341.00 BLUE C BLUE D BLUE E 71- 80 cubic yards $394.00 81- 90 cubic yards $446.00 91-100 cubic yards $499.00 BLUE F loo-109 cubic yards $551.00 BLUE G 110 cubic yards or more $604.00 e. Transfer Trucks $17.00 per ton (See Section I-B-3b) Rate BLUE A BLUE B BLUE C BLUE D BLUE E BLUE F BLUE G 55 - 60 cubic yards 61- 70 cubic yards 71- 80 cubic yards 8 1 - 90 cubic yards 91-100 cubic yards 100-109 cubic yards 110 cubic yards or more $193.00 $228.00 $263.00 $298.00 $333.00 $368.00 8403.00 s , Fke Schedule Page 8 June 24, 1997 ’ f Other refuse collection vehicles: Clean AU Greens/wood Per cubic yard of truck capacity (based on $38/tori))” Per cubic yard of truck capacity (based on $25/tori see Section I-D, Part 3a) Per cubic yard of truck capacity (based on $17/tori see Section I-D, Part 3b) a. Modified pickup trucks and mod&d trailers b. Oversize Loads in pickups and trailers C. Trailers over 8’ up to 12’ bed length d. Trailers over 12’ bed length and towed by any size trucks e. Medium trucks and vans up to 12’ bed length (two axle vehicles) f Heavy trucks and vans over 12’ bed length (two axle vehicles) 8. Trucks consisting of 3 axles h. Any tractor/trailer comb. (5 axle rig) or 3-axle truck in comb. with trailer (pup) $ 8.00 $ 6.00 $ 5.25 !§ 6.00 $ 3.50 $25.00 $ 12.00 $25.00 $ 12.00 $31.00 $ 28.00 $50.00 $51.00 $96.00 $331.00 $605.00 $ 6.00 % 47.00 $ 47.00 $88.00 $304.00 $558.00 . . Fee Schedule Page 9 262 June 24, 1997 E. RURAL CONTAINER STATIONS The rural container stations accept solid wastes and recyclable items from local service area residential sources only. Mechanical unloading of any vehicle will not be allowed at rural container sites. Access is limited to the following vehicles carrying residential wastes and/or recyclable materials for which designated collection containers are provided (additional size and weight restrictions may apply at some facilities due to operational limitations). a. Passenger vehicles (see Section VII Definitions, Part E Vehicle Definitions). b. Pickup trucks (see Section VII Definitions, Part E Vehicle Definitions); also includes flatbed trucks with beds that do not exceed 6’ in width or 8’ in length. This excludes vehicles having a GVW rating above 13,000 lbs. C. Vehicles larger than pickup trucks having a verifiable GVW rating of 15,000 lbs. or less, will be allowed access only when containing no more than four (4) standard 32-gallon trash cans or bags of refuse and/or recyclable items. d. Trailers 8’ bed length or less. e. Trailers greater than 8’ and less than 12’ in bed length will be allowed access only when containing no more than four (4) standard 32-gallon trash cans or bags of refuse and/or recyclable items. f. Small flatbed or stakebed trucks m easuring 6’ X 8’ X 2.5’ (120 cubic feet) or less will be charged the pickup rate. If sideboards exceed 2.5’ (30”), the vehicle will be charged the modified pickup rate. 2. DISPOSAL FEES AT RURAL CON”rAmE STATIONS (see Section VII Definitions, Part E Vehicle J!&nitions) A $2.00 per standard 32-gallon bag or contain= fee will be assessed for all vehicles having bagged or containerized waste or clean green materials. The combined bagged or container fee shall not exceed the following set rate fee for the transport vehicle (loose loads, not in bags or cans, will be charged the appropriate set rate): Fee Schedule Page 10 263 June 24,1997 ’ General clean Refuse Green a. Passenger Vehicles $10.00 % 8.00 b. Pickup trucks and small trailers $ 15.00 $ 8.00 d. Modified pickup trucks and modifkd trailers $25.00 $12.00 e. Oversize Loads in pickups and small trailers $25.00 $12.00 Note: Trash cans or bags larger than the standard 32-gallon size will be charged $3.00 each (not to exceed the flat rate for the vehicle). Recyclable materials (except Clean Green, Clean Wood Waste and White Goods) for which designated collection contakers are provided will not be charged a disposal fee. In addition to the disposal fee, an Administrative Fee will be charged for each White Good item (see Section III Administrative Fees, Part C White Goods). All recyclable materials (except White Goods) shall be of a size which will fit into the container provided and must be loaded into the appropriate container by the customer. Customers may place White Goods on the ground in the appropriate area. All refrigerator doors must be removed by the customer. The following solid wastes may not be disposed of at a ~81 container station and must be disposed of at an approved recycling center or landfill: Any item which is subject to a Special Handling Fee or which requires a Hazardous or Non-Hazardous Waste Manifest Soil, rocks, stumps Brush from land clearing (public or private) Tree trimmings fi-om commercial or public agency tree trimming projects Yard or wood waste which exceeds 5” in diameter or 5’ in length Construction wastes Agricultural wastes Demolition wastes ; I . . Fee Schedule Page 11 June 24, 1997 I. Industrial and commercial wastes j. Animal waste products (including manure) k. Refbse resulting from a public safety or nuisance abatement 1. Tires unless cut or shred to particle sizes no larger than 12” Items disposed at a County la&ill in the following categories are subject to special fees as specified. The fee will be in addition to the disposal charge with a maximum special handling fee not to exceed $150.00/vehicle except as specified in Parts A and B below. Forty-eight hour advanced scheduling is required for Items A-F. Call the Solid Waste Office to schedule an appointment. A non-hazardous waste manifest may be required for some items. A. LARGE ITEMS: Any single item which due to its size, weight, volume or other physical characteristics requires special handling and/or equipment or which presents a significant health, safety or operational problem. 100 cu. ft. and under ............................................. S 50,00/lead Over 100 cu. ft. ................................................. % 0.5O/cu.fL B. CONTAINERIZED SOLID lNDUSTRlAL WASTE: F Containerized non-hazardous solid industrial waste (i.e., solidified resin, tar, graphite dust, etc.) 1. CONTAINERS UP TO 24 GALLONS . . . . . . . . . . . . . . . . . . . . . . . . . . % l.OO/each (or up to 3 cubic feet) 2. CONTAINERS 25 GAL. TO 50 GAL . . . . . . . . . . . . . . . . . . . . . . . . . . . % 5.00/each (or 3 to 7 cubic feet) 3. CONTAINERS 55 GALLONS OR GREATER . . . . . . . . . . . . . . . . . . . % lO.OO/each (or greater 7 cubic feet) C. NON-CONTAINERIZED SOLID INDUSTRIAL WASTE . . . . . . . . . . . . . . % 50.00iload Loads consistmg of more than 10 cubic yards of food waste (> 50% solids) or non-container&d non-hazardous industrial waste. , ‘* . 1 - 265 Fee Schedule Page 12 June 24,1997 D. DECONTAMINATED BIO HAZARDOUS WASTE* . . . . . . . . . . . . . . . . . . % 50.00/Joad Loads consisting of 10 cubic yards or more of decontaminated biohazardous waste. f Loads conmining less than 10 cubic yards of decontaminated biohazardous waste will not he assessed the $50.00 Special Handling Fee. E. NON-FRIABLE ASBESTOS* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 50.00/lead Loads consisting of 15 cubic feet or more of Non-friable asbestos containing Non-Hazardous waste material. * Loads conmining less than 15 cubic feet of Non-Friable Asbestos containing material will not be assessed the $50.00 Special Handling Fee. F. WASTE WATER TREATMENT BY-PRODUCTS . . . . . . . . . . . . . . . . . . ..%50.00/load Loads containing waste water treatment facility by-products such as sludge (biosolids), grit and bar screen materials. Waste water treatment facility by-products containing less than 50% solids require approval of County Solid Waste Services, the Regional Water Quality Control Board, and the Local Enforcement Agency. G. ANIMALS: : Persons engaged in permitted dead animal removal services are subject to Chapter 8, Section 62.8 10 of the San Diego County Code of Regulatory Ordinances. This requires that such dead animals be disposed of at a reduction/rendering plant and therefore will not be accepted at County landfills. Dead animals which are not subject to San Diego County Code as referenced above will be accepted. 4. Any dead animal that weighs in excess of 250 lbs. and less than 500 lbs. or any combination of smaller dead animals in excess of 250 lbs. and less than 5001bs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$25.00fload 5. Any dead animal or load of dead animal(s)5OOlbsormore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/lead Fee Schedule Page 13 June 24,1997 266 H. L J. JL IIL : TREE STUMPY” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 25.00/stump Any tree stump more than 5 feet in any linear dimension in mixed loads and disposed in the general refuse area. * Tree stumps separated into clean green loads without contamination and less than 8 feet in any linear dimension will be charged the Clean Green fee only. HARDTOHANDLEMATERLkL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 50.00/lead Loads containing more than 10 cubic yards of straw, metal fence, car seats, mattresses and/or springs, or similar hard to handle materials. LARGE POLES/PIPES, ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 15.00kach Poles, pipes, tree trunks, logs, bridge pilings, etc. over ten (10) feet long, or in excess of 12 inches in diameter. SPECIAL DISPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 50.00/lead Any item requiring cratering, immediate burial or other special handling for health and safety reasons. STRATIVE FEES Administrative fees provide funding for County stafftime and processing and are separate from Special Handling Fees (Section II) and Fee processing Charges (Section IV, Part B and C). Items in the following categories are subject to the Administrative Fees. The fee will be in addition to the disposal fee and separate from Special Handling Fees/Surcharges, ifapplicable. A. NON-HAZARDOUS/SPECIAL WASTE MANIF’EST . . . . . . . . . . . . . . % 50.00/manifest Loads of special wastes that require special waste manifests or appointments (i.e., certified non- infectious wastes and certified contaminated soil acceptable for disposal, etc.). B. STAND-BY PEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/hour 6. Loads requiring County personnel to oversee disposal operations, as determined by the County of San Diego, for safety, health, and/or operational reasons: minimum charge 1 hour. 7. Vehicles found transporting unacceptable materials to the landfill and required to remain on-site for regulatory agency resolution: minimum charge 1 hour. Fee Schedule Page 14 June 24,1997 C. WHITE GOODS: Commercial disposal of White Goods is not authorized. Residents may dispose of White Goods only at those landfills operating an on-site recycling facility. In addition to the disposal fee, an Administrative Fee will be charged for each White Good item. All refrigerator doors must be removed by the customer. 8. LdflllS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 20.00 each 9. Rural Container Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 5.00 for one % 20.00 for each additional D. FEE FOR MISREPRESENTATION OF WASTE ORIGIN: To comply with State mandates, all Solid Waste Facility customers shell provide information, upon request, on the source of the waste being hauled to a County facility. The information includes the source city of the waste that is being hauled and the trash route for trash industry vehicles. Landfill or bin site access may be denied to facility customers that refuse to comply with the County’s requirement to obtain source of waste information. If the waste hauler or customer misrepresents the origin of the waste, an administrative fee will be assessed. For each of the first three offenses, the fee will be ten (10) times the tipping fee assesed that vehicle, not to exceed $1,000. After the first three offenses, the fee will be $10,000 for each subsequent offense. : E. MANDATORY REXYCLING: A table containing Administrative Fees and the implementation schedule for the Mandatory Recycling Ordinance may be found in Section V. of this Fee Schedule. F. UNCOVERED LOADS* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 10.00 per tarp* Charges will be assessed for those vehicles entering County of San Diego Solid Waste Facilities with uncovered or partially covered loads. The fees will be used to offset the costs of tarps and other litter control activities. Any customer assesxd this fee shall receive tarps at the disposal site (iiavailable) and shall install the tarps to completely cover the load as defined in Section 23 115 of the California Vehicle Code before proceeding to the appropriate unloading area. In the event that the load or the vehicle is too large for the provided tarp to cover, additional fees shall be assessed and additional tarps provided to ensure that no littering occurs within the disposal facility. * Nets or other suitable cover materials may be issued in lieu of tarps C 268 Fee Schedule Page 15 June 24,1997 G. TIRE FEES: Landfilling of waste tires is prohibited unless tires are reduced in volume by shredding or other methods approved by the California Integrated Waste Management Board. Whole tires are not accepted at the Ramona, Borrego, or Sycamore landfill, or any County operated Rural container Station. Whole tires for recycling are accepted only at the Otay landtIll. Homogenous loads of tires will be charged by the ton. 1. Standard car and truck tires up to and including 16.5” inside tire diameter % 3.OO/tire or s300.00/ton 2. Inside tire diameter 17”- 24.5” (highway/cargo type tires) % g.OO/tire or $300.00/tori 3. Mixed load of car & truck tires with highway/cargo type tires % 7.OOhire or $300.00/tori 4. Inside tire diameter > 24.5” (idustrial/construction/off road) $2OO.OO/tire or %400.00/tori 5. a. DUCPD . TIRE FEES Passenger vehicles, pickup trucks, and towing vehicle and small trailer combiitions, whose loaded weight is greater than 6000 pounds, and is comprised of 100% tires that have been reduced in volume by shredding or other methods approved by the California Integrated Waste Management Board, will be handled at County landfills for $16/TON. b. -All other vehicles will be charged the standard disposal fee. H. HAZARDOUS WASTE Customers who dispose of hazardous or other unacceptable waste shall upon notification be required to retrieve the waste, if appropriate, within 48 hours and arrange for subsequent proper disposal. In addition, an Administrative Fee will be charged: The Administrative Fees below pertain to incidents ocaming within a single calendar year: Firstoccurrence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$50.00 Secondoccurrence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 Additional occurrences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 ‘I) .I 269 Fee Schedule Page 16 IV. If, for any reason, the waste cannot be released to the customer, or the customer does not voluntarily remove the waste, proper disposal of the waste will be arranged. In addition to the above fees, customers shall be subject to the payment of lOO?/o of all costs incurred by the County for labor, supplies, packaging, transportation, and disposal of the waste. Payment of the fees specified in this section shall not prohibit the refetral of cases to an appropriate agency for possible civil and/or criminal actions. L LATEUNLOADING Vehicles unloading on the Solid Waste Facility in excess of 30 minutes after the posted closing times will be charged the Administrative Fee of $50.00 per hour with a minimum 1 (one) hour charge. FFa Section 68.515 of the San Diego County Code of Regulatory Ordinances sets the County’s deferred payment account policy, as well as a cash payment system. At the discretion of the Director, personal or business checks, point of sale transactions (automated account debit transactions) and credit cards may also be accepted at the la&ill for payment of fees. To ensure the County’s receipt of funds, the Director may implement a check guarantee system at the landtills as well as a point of sale and credit card system. The method of payment for fees accepted at the rural container stations will be cash only. F The Director, at his/her discretion, may waive the liquidated damages assessed for late payments for governmental agencies and in cases of the County’s administrative error. A. DEFERRED PAYMENTS: Any person desiring to establish a deferred payment account for use at County Solid Waste Facilities will be able to do so upon it being established, to the satisfaction of the Director, that such applicant’s credit rating is sati&ctory and that sufhcient security is posted. The requirement to post a security is waived for local, state and federal governmental agencies as well as public utilities. The Director has determined that the “sufhcient security” requirement referred to in this section, may be met by posting a security whose value is at least three times the average monthly charges of the deferred payment account customer, as determined by County personnel. Deferred payment accounts shall be invoiced monthly and are due and payable upon receipt of statement. Payments not received prior to the next statement date which is the first day of every month, will be considered delinquent. ‘, I * . . Fee Schedule Page 17 June 24,1997 B. DELINQUENCY AND RELATED CHARGES: Monthly late charge for delinquent Deferred Payment accounts will be equal to $50.00 plus 1% per month of the principal unpaid balance as liquidated damages. Ifa County Solid Waste Facility customer is delinquent in payments for any reason, the Director may require that customer to pay cash for subsequent transactions. Ifnecessary, at the discretion of the Director, a customer who is delinquent in payments for any reason may be denied access to the County landfills or bin sites. Examples of delinquent accounts include: 1. 2. 3. 4. deferred payment accounts not paid in full prior to the next statement date, which is the first day of every month; checks that are returned unpaid for any reason; nondeferred big customers whose suspended transactions are not paid in full within 36 days of the transaction date; mandatory recycling ordiice administrative fee surcharges not paid in full within 60 days. c. PROCESSING FEES: 1. Processing fee for checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.OO/each accepted in payment at any processing Solid Waste Facility which are returned by the bank unpaid for any reason. 2. Processing fee for uncollected . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . $25.00/each suspended transactions which have transaction not been paid in full within 30 days after the transaction date. This fee applies to non-deferred bii customers. 3. Processing for duplicating . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . % 5.00/each ticket or document V. MANDATORY R&CYCJJNG IN EFFECT AT COUNTY DISPOSAI, FACYWXIES Mandatory recycling shall be in effect at all County disposal facilities. The disposal of designated recyclable materials from residential, commercial, and industrial sources is prohibited. A recycling guide is available Erom the fee collectors. C Fee Schedule Page 18 June 24,1997 A CITIZEN HAULED WASTES Citizens hauling their own refuse in cars, vans and pick-up trucks are prohibited corn disposing of designated residential recyclable items and yard waste with refuse. At all disposal facilities, collection bii are available for designated recyclable items and drop-off locations are provided for yard waste. Cii hauling their own refuse to County disposal facilities who fail to properly sparate and deposit their recyclable materials in accordance with the Solid Waste Ordinance and the rules and regulations of the receiving facility, will be subject to a % 15 administrative fee. B. COMMERCIALHAULERS Commercial haulers disposing of waste at County landfills are prohibited from disposing of designated residential, commercial, and industrial recyclable items. C. COLLECTION AND SEPARATION REQUIREMENTS Waste haulers operating in the unincorporated areas of the county are required to provide their customers with containers and collection service for designated recyclable items, in accordance with the regional implementation schedule. Waste generators are responsible for separating designated recyclable items from refuse prior to refuse collection. D. DESIGNATED RECYCLABLE MATE- 1. . FWTIAT l WCYCTV : Aluminum, glass bottles and jars, newspaper, plastic beverage bottles, tin and bi-metal cans, White Goods, and yard wastes. 2. IAT, RECY&$BLE ITEm a. From office buildings of more than 20,000 square feet used for commercial, governmental, or educational purposes: aluminum, corrugated cardboard, newspaper, and office paper. b. From hospitality facilities which includes all restaurants and taverns, and hotels and motels with eating and drinkiq establishments: aluminum, corrugated cardboard, glass jars and bottles, plastic beverage bottles, tin and bi-metal cans, and white goods. Industrial loads consisung of 90% or more of any one of the following materials: asphalt, concrete, dirt, land clearing brush, sand, or rock. . : I ‘*v *- Fee Schedule Page 19 272 1 - June 24,1997 E. MANDATORY RECYCLING IMPLEMENTATION VL A. B. VIL A B. Disposal of designated recyclables is prohibited. In the event that citizens or commercial haulers mix designated recyclables with solid waste for disposal, the following administrative fee surcharges may be imposed in accordance with County Code. Citizen hauled: Commercial haulers: $15.00 Admin. Fee $100.00 Admin. Fee COUNTY CODE AND CALIFORNIA VEBICLE CODE Section 68.505, Chapter 5 of the County Code and Sections 23 114 and 23115 of the California Vehicle Code are incorporated by this reference. OFFENSIVE LANGUAGE OR BEEIAVIOR Any person using obscene, offensive or threatening language or behavior toward disposal site personnel in the performance of their duties may be denied entrance to or use of a Solid Waste Facility for a period of time as determined by the Site Manager. CLEAN FILL: Clean earthen till material quali@ing for use as cover soil must consist only of soil and/or material less than 6” in any dimension. If accepted, clean fill disposal exemptions require from one (1) to five (5) days pre-approval by the Solid Waste Office depending on the quantity and need of materials to be delivered. Soil analysis may be requested of the owner or transporter to help determine the appropriateness of the soil for use as cover material. CLEAN GREEN: Any load containing “green” materials only. Greens include all leaves, grass clippings, shrubbery, brush, tree trunks, limbs, and branches that are appropriate for mulching and composting. Palm, cactus and some succulents are not suitable for mulching. Fee Schedule Page 20 273 _- June 24,1997 C. CLEAN WOOD WASTE: Any load contain@ wood waste only. Wood waste includes lumber, pallets, wood blocks, fencing, and shavings, that are appropriate for mulching and composting. Wood waste excludes treated or painted wood and shingles. D. DEMOLITION MATERIAL (Rural Container Stations Only): Any load contain@ 20% or more heavy, bulky, dense, non-compressible or similar materials, will be classified as demolition waste. This includes but is not limited to: concrete, masonry, asphalt, all land clearing materials, cobblestone, metal, plumbii &tures and pipe, electrical fixtures, mater& used in the construction or razing of structures (including fences, patios, storage sheds, or decking), gravel, sand, clay products. E. VEHICLE DEFINITIONS: The final determination of fees for all vehicles will be made by the fee collector at the disposal facility when visually inspecting the load. Any vehicle, or combination of vehicles, whose loaded weight exceeds 6,000 pounds for General Refuse and 5,000 pounds for Clean Green material will be charged by weight. Vehicles weighing less will be assessed the set rate by vehicle category. : 1. GER v]EMCI.E- (iiclude but are not limited to): Passenger Car--Station Wagon Utility Vehicle or Minivan. Loads must be entirely contained within the vehicle or the vehicle will be charged the set rate for a Pickup. 2. CK (include but are not limited to): Standard bed pickup truck or fbll- 3. .T,m Atrailermeasurin g no more than 8’ long X 5’ wide X 3’ high. 4. PICKUP TRUCK/ OVP- LO& A pickup truck that has been altered or modified in any way that increases the load carrying capacity of the vehicle, including, but not limited to: sideboards, tool boxes, lumber racks, camper shells or the makeup of the load itself. 5. MODIF- .ER/ Om J ,OAD; Any trailer with a bed measurement or load larger than 8’ long X 5’ wide X 3’ high. 6. * TION, In the event that any vehicle or trailer does not conform with the description or intent of vehicles qual@ng for set rate fees, the Site Manager, or designee, has the authority to charge that vehicle by weight. Fee Schedule Page 21 June 24,1997 7. A vehicle used to perform a re-haul function by hauling large volumes of refuse that has been tran&rred to the vehicle from multiple collection vehicles for economic hauling. To qualify for the Transfer Truck rates established herein’ the vehicle must contain a minimum of 15 tons of refuse, and employ a mechanical unloading system. Transfer Trucks must be permitted and carry a current, unrevoked decal issued by the Director. . In general’ roll-off transporters or roll-off transporters with tandem are not included in this definition. Such vehicles used for transport of waste processed through a permitted transfer station may be decaled as a transfer truck at the discretion of the Director. F. WEIlTE GOODS: Any of the following household appliances: dish washers, stoves, refrigerators, freezers, clothes washers, dryers, and hot water heaters. VIII. COJ,LlKTOR AND TlUN$POKI2EWDT FEES The following fees are established for Collector Permits and Transporter Permits. : A. COLLECTOR PERMIT FEES Fee/Vehicle 1. jVl?W PERMITS (Class “A” or Class “B”) .InitialFilingFee............................................... $100.00 CollectorPermitAreaFee(eachpermitarea) . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 Decal Fee (each truck) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 2. RENEWAL PERMITS (Class “A” or Class “B”) FilingFee .................................................. ..$25 .oO Collector Permit Fee (each permit area) .............................. $25.00 DecalFee(eachtruck) .......................................... $150.00 B. TRANSPORTER PERMIT FEES Fee/Vehicle 1. NEW FilingFee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 TransporterPermitFee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 Decal Fee (each truck) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 ’ 1’ Fee Schedule Page 22 - m5 June 24, 1997 2. RENEWAI, FilingFee .................................................. ..%25 .oO Transporter Permit Fee ......................................... $100.00 Decal Fee (each truck) .......................................... $150.00 C. MANDATORY DECALING: To &i&ate the charge-by-weight system and customer processing at County landfills, all drag-on boxes and all commercial vehicles and trailers normally charged by weight, shall be decaled and may be retared at the discretion of the Director. The Director may at his/her discretion, waive the requirements for decaling for those haulers who frequent the County landfills four or fewer times a calendar year. The Director may at his/her discretion, refuse entry to haulers who do not comply with the decaling program. Every permittee shall maintain and keep in force the following insurance coverages and limits: COVERAGE LIMITS , Worker’s Compensation ’ General Liabiity 1. $ 500,000 bodily injury per person 2. $l,OOO,OOO bodily injury per occurrence 3. $ 250,000 property damage or in lieu of 1, 2, 3 above combined single limit bodily injury and property damage coverage of $l,OOO,OOO. Each policy of insurance shall contain the following clauses: A. “Certificate Holder (County of San Diego) shall be named Additional Insured solely as respects operations performed by or on behalf of the Named Insured”. B. “It is agreed that these policies shall not be canceled, altered or coverage reduced until thirty (30) days after the Certiticate Holder shall have received written notice of such cancellation, alteration or reduction. The notice shall be deemed effective on the date delivered to said Certificate Holder, as evidenced by properly validated return receipt. ” . ( ., ; ?.b t i :* 276 Fee Schedule Page 23 June 24,1997 BE IT FURTHER RESOLVED that this Resolution replaces that certain Resolution adopted by the Board of Supervisors, and amended last on which last said Resolution is hereby rescinded. 4/29/97 BE IT FURTHER RESOLVED that this Resolution shall take effect on 6/24/97 . PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 24th dayof June by the following vote: Cox Jacob, Slater, Roberts, Horn ~STAT.E!??&&XNIA) (COUNTY OF SAN DIEGO) I, Thomas Pastu&a, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which original Resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors this day of ,TW. m-h Thomas J. Pastuszka Clerk of the Board of Supervisors : 5 . BY I &4.SL Deputy Marion Rpn ' 6/24/97 (77) - ‘-T .“.I .*-’ . + ,’ .’ %eq ,., 2’17 EXHIBIT “C” TO SETTLEMENT AGREEMENT PROJECT EiVHXYCEMENT’S The following project enhancements are included in the project description and are to be funded by the County Solid Waste Division ar no cost to Coast, Carlsbad, or County Airports: 1. Faradav Dedication. The County shall make an Irrevocable Offer to Dedicate to the City of Carlsbad (“Carlsbad”), at no cost and free of all liens and encumbrances, Faraday avenue along the project site from the western edge of the County ownership and extending all the way to the east edge of the County ownership. The IOD shall be for an 84 foot Right of Way including slope and drainage easements. No improvements shall be required from the County unless the County submits plans to develop these properties and the improvements are not already in place. Design and alignment of Faraday shall comply with the City’s design standards for a secondary arterial. The IOD shall be granted to Carlsbad no later than three (3) months after the date upon which the City supplies the County with the necessary en,oineering dats showing the alignment for the Faraday Road extension, It is recognized and agreed that .as 2 material part of the agreement to dedicate this Righr of Way which is owned by County Airports, that rhe other road improvements set out below will be funded and installed to the benefit of Counry Xirporcs property at no cost to county Airports, and that in addition, Carlsbad will review and consider in good faith any application to develop CounQ Airport’s property that can be serviced by F araday as dedicated under this Agreement. The parries have reviewed the relative values of these improvements and conditions and agree that the overall benefits accruing to County Airports is equivalent to or greater than the value of the IOD required by this Agreement. 3 -. The County shall make an Irrevocable Offer to Dedicate approximately 2100 feet in length, at no cost and free of all liens and encumbrances, in favor of Carlsbad for a 48 foot Right of Way covering the public easement/access road that serves the Transfer station. 3. The County shall, if requested by Carlsbad, enter into a standard public works contract with Carlsbad to acquire any necessary Right of Way, and shall improve, or cause to be improved and pay for, modifications to the intersection of Faraday and El Carnino Real to provide two left turn lanes out of Faraday onto El Camino Real, one through lane, and one right turn lane, with a median/divider, all as shown on the attached plan, 4. The County shall enter into a standard public works contract with Carlsbad to install, or caused to be installed and paid for, a deceleration lane approximately 300 feet in len$h improved to prime arterial standards on El Camino Real as set forth on the attached sheet. 5. The County shall, at its option, either enter into a standard public works contract with Carlsbad or make arrangements to do the work itself, or to have Coast do the work, to improve the interior access road to forty (40) feet of pavement, industrial sections, with a/c berms. The 1 - -6 . .f 278..:, _j parties shall cooperate in analyzing the condition of the existin pavement (including base and subbase) on site, and, based on sound engineering practice, those portions of the existins access way that are in good condition and which can reasonably be expected to service the life of this project, shall be widened, and any areas of rhe existing access way that are not in goud condition shall be removed and replaced as needed SO that the end result will be a good quality, 40 foot paved and bermed industrial standards access way which can serve the reasonable life of this project at the least cost to the County. 6. The County shall, for a minimum of 60 days provide supplemental staff or qualified contract workers to (1) be on site during weekends to facilitate self haul users, answer questions, and undertake community relations activities to ensure that self haul operations are conducted safely, cleanly, and efficiently; (2) to pick up litte r, direct traffic, patrol and police the area, and perform related tasks during weekend self haul hours to ensure that self haul operations are conducted safely, cleanly, and efficiently; and (3) On an “as needed” and “as requested” by Carisbad basis assist in the cleanup of illegal dumping as a result of operations at Palomar and the closing of the San Marcos landfill. This includes the prompr cleanup of any illegal dumping and removal of litter to ensure that Carlsbad does not experience a significant increase in litter or illegal dumping as a result of this project. 7. As soon as possible afier th e execution of this Agreement Coast shall present the Counr). with receipts and records for improvements made to the scales and related facilities which Coast paid for prior to the signing of this Ageement bur in rrnricipation of the signing hereof and in preparation ro operate the Facility at SO0 tons per day commencing March 12, 1997. The County shall prompti) reimburse Coasr for the same. If for any r eson the County disputes any item for which Coast requesis reimbursement, or disputes any record or rxeipr presented by Coast, the parties shall meet and confer in good faith in an effort to reach agreement on the matter. If they are unable to agree afier such meet 2nd confer, then the City of Carlsbad shall, at the request of either party, appoint an outside, neutral paq knowledgeable in the subject matter who shall decide the matter and whose decision shall be final and binding. 8. Ln the event that the total actual cost to the County, based on plans and specifications as approved by the parties, for the improvemenrs called for by paragraphs 3,4, and 5 above, shall total more than S500,000, the parties shall meet and confer in ,oood faith to consider redesig options to reduce the total cost to the County below S500,OOO.