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ARTICLE I
<br />DEFINITIONS AND INTERPRETATION
<br />SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings
<br />set forth below.
<br />Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded or
<br />rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and
<br />which are normally disposed of by or collected from residential (single family and multi-family), commercial,
<br />industrial, governmental and institutional establishments and which are acceptable at Class III landfills under
<br />Applicable Law.
<br />Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California
<br />Public Resources Code), as amended, supplemented, superseded and replaced from time to time.
<br />Agreement" means this Waste Disposal Agreement between the County and the City as the same may be
<br />amended or modified from time to time in accordance herewith.
<br />Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to
<br />time in accordance with the terms hereof
<br />Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal
<br />Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of
<br />any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting,
<br />acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal
<br />System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other
<br />transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire,
<br />environmental protection, mitigation monitoring plans and building codes).
<br />Board" means the California Integrated Waste Management Board.
<br />Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of
<br />the budget of the Department in accordance with procedures established by the County of Orange Auditor-
<br />Controller in compliance with the California State Controller's Manual, including but not limited to all of the
<br />categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object
<br />Code 4200) or "Equipment" (Object Code 4000) in the County of Orange -Chart of Accounts, or any successor
<br />accounting or reporting system utilized by the County.
<br />CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000
<br />et .req. as amended or superseded, and the regulations promulgated thereunder.
<br />CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act,
<br />42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder.
<br />Change in Law" means any of the following events or conditions which has a material and adverse effect
<br />on the performance by the parties of their respective obligations under this Agreement (except for paymentobligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership,possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies:
<br />1) the enactment, adoption, promulgation, issuance, material modification or written changeinadministrativeorjudicialinterpretationonoraftertheCommencementDateofanyApplicableLaw (other than
<br />Applicable Law enacted by the County);
<br />2) the order or judgment of any Governmental Body (other than the County), on or after the
<br />Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or
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<br />Execution Copy
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<br />City Council 22 – 9 5/20/2025
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