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Page 3 Ms. Kaufman October 21,2011 violation language we request that violations be an infraction and addressed by each jurisdiction and not the Authority. All notices of violation at first and under normal circumstances will be administrative citations, that is, neither a misdemeanor or an infraction.The language about misdemeanors, infractions, and civil action is present at the advice of legal counsel in order to provide the full range of enforcement tools in the event of an egregious violator. 5. The definition of"High Diversion Mixed Waste Processing Facility" is not adequately detailed, may result in the need for significant costs to Pleasanton residents, and removes Pleasanton's authority regarding transfer station operations. All refuse and recyclables are currently processed at the Pleasanton Transfer Station. However, the draft ordinance would eliminate this function unless the Authority determines that it is a "High Diversion Mixed Waste Processing Facility." Unfortunately,the ordinance lacks identification of a process for making such a determination and the basic definition lacks detail. Of significant concern is that failure to meet the requirements would result in considerable cost related to identifying an alternative processing facility. Also, costs to upgrade costs could be significant. Finally,with the adoption of the ordinance,the Authority, not the Pleasanton City Council,would determine the types of services and equipment that would be installed at the Pleasanton Transfer Station. We request that the Authority remove reference to processing requirements and recognize the City's authority over its franchise operations and facilities located within its City limits. Use of a high diversion mixed waste processing facility, is only relevant for those property owners or haulers who use that type of non-source separated service. This option is not available in some parts of the County, but it may be in the future. We will clarify the definition of high diversion mixed waste facility in the staff report. The definition excludes processing residuals that are not marketable. The 10% applies only to covered materials that are in a state that can be recycled. We would expect that the standard transfer station making reasonable efforts to divert and market covered materials, would be able to meet this standard, including all the material recovery facilities in the County. It will be the responsibility of the hauler choosing to use such facilities to document that those facilities satisfy the performance standard, unless the facility itself provides that documentation. If the property owner or hauler claims that a facility meets the performance standard, but the enforcement official disagrees, notices of violation cannot be issued to those property owners or haulers without the written approval of the covered jurisdiction. If the City would like to have complete flexibility over how commercial recycling requirements are set and enforced, it can opt-out of the Countywide ordinance.