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"CalRecycle" means the California Department of Resources Recycling and Recovery, which is a branch of
<br /> the California Environmental Protection Agency, and any agency, department or other Governmental Body which
<br /> succeeds to the duties and powers thereof. CalRecycle oversees the State's waste management and waste reduction
<br /> programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is
<br /> responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste
<br /> Infrastructure System.
<br /> "Capital Costs" means all costs of the Waste Infrastructure System that are classified as capital costs for
<br /> purposes of 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 categories
<br /> of costs of the Waste Infrastructure System including but not limited to `Buildings and Improvements, and
<br /> Infrastructure" (Object Code 4200), "Equipment" (Object Code 4000-4040) and "Intangible" (Object Code 4250-
<br /> 4299) in the County of Orange—Chart of Accounts, or any successor accounting or reporting system utilized by the
<br /> County.
<br /> "CEQA" means the California Environmental Quality Act, codified in California Public Resources. Code
<br /> Section 21000 et seq. as amended or superseded,and the regulations promulgated thereunder.
<br /> "CERCLA"means the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.
<br /> Section 9601 et seq.,as amended or superseded,and the regulations promulgated thereunder.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 on
<br /> the performance by the parties of their respective obligations under this Agreement(except for payment obligations),
<br /> or on the siting, design, permitting,acquisition, construction,equipping, financing,ownership, possession,operation
<br /> or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
<br /> (1) the enactment,adoption,promulgation, issuance,material modification or written change in administrative or
<br /> judicial interpretation on or after the Commencement Date of any Applicable Law(other than Applicable Law
<br /> enacted by the County);or
<br /> (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement
<br /> Date, to the extent such order or judgment is not the result of willful or negligent action,error or omission or
<br /> lack of reasonable diligence of the County or of the City,whichever is asserting the occurrence of a Change in
<br /> Law;provided,however,that the contesting in good faith or the failure in good faith to contest any such order
<br /> or judgment shall not constitute or be construed as such a willful or negligent action,error or omission or lack
<br /> of reasonable diligence;or
<br /> (3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination,
<br /> interruption,imposition of a new or more stringent condition in connection with the issuance,renewal or failure
<br /> of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such
<br /> denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes
<br /> with the performance of this Agreement, if and to the extent that such denial, delay, suspension,termination,
<br /> interruption, imposition or failure is not the result of willful or negligent action,error or omission or a lack of
<br /> reasonable diligence of the County or of the City,whichever is asserting the occurrence of a Change in Law;
<br /> provided,however that the contesting in good faith or the failure in good faith to contest any such denial,delay,
<br /> suspension,termination,interruption,imposition or failure shall not be construed as such a willful or negligent
<br /> action,error or omission or lack of reasonable diligence;or
<br /> (4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services,
<br /> including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal
<br /> operations, organics processing and diversion, recycling initiatives or activities associated with the
<br /> remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the Waste
<br /> Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer,
<br /> recycling,processing or other waste related activities.
<br /> "City" means, as applicable, the City (general law, charter or other), Special District or Sanitary District
<br /> designated on the cover page of this Agreement and party to this Agreement.
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