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ATTACHMENT 3 eXCElz-PTS oM SETTLEMENT AGREEMENT BETWEEN AND AMONG THE COUNTY OF ALAMEDA,THE CITY OF LIVERMORE, THE CITY OF PLEASANTON, SIERRA CLUB, NORTHERN CALIFORNIA RECYCLING ASSOCIATION, ' ALTAMONT LANDOWNERS AGAINST RURAL MISMANAGEMENT AND WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. THIS SETTLEMENT AGREEMENT(the"Agreement")is entered into on and effective as of December 5, 1999, between and among THE COUNTY OF ALAMEDA, a California county (the "County"), THE CITY OF LIVERMORE, a municipal corporation ("Live ore"), THE CITY OF PLEASANTON,a municipal corporation("Pleasanton"), SIE' ' • CLUB, a California nonprofit membership corporation("Sierra Club"),NORTHERN ' CALI I ORNIA RECYCLING ASSOCIATION, a California professional trade association ("NC' • "), ALTAMONT LANDOWNERS AGAINST RURAL MISMANAGEMENT, a Nevad: corporation("ALARM"), and WASTE MANAGEMENT OF ALAMEDA COUNTY, INC., : California corporation("WMAC"). The County,Livermore, Pleasanton, Sierra Club, NC' • ,ALARM, and WMAC are sometimes each referred to as a"Party"and collectively referr-' to as"Parties". RECITALS A. WMAC o • and operates the Altamont Landfill : • . •esource Recovery Facility ("AL' ' ") located at 10840 . ont Pass Road in Alameda •unty. Prior to December 1996, WMA had operated the AL' ' . suant to Conditional I .- Permit C-6395 (the "Existing Permi ") and other prior use permits. ently, the AL 4• accepts franchise and non-franchise waste, and franchise waste is accepted fo 'sposal fr. Alameda County jurisdictions and from the Ci y and County of San Francisco. B. WMAC applied to the Coun n 19' 'or a new use permit to expand the ALRRF ' by ad ing up to 196 million tons of dis • capacity, - landing daily tonnage from a permitted level f 11,150 tons per day to 20,36 ens per day,and e .• ding the area from which solid ' waste s accepted for disposal. 0 ay 10, 1996,the County oning Administrator certified a Final nvironmental Impact Re. • (referenced as State Clearing • se#92083047) and appro ed Conditional Use P- it C-5512 (the "1996 Permit"), whic • ovided for a reduced expan ion of ALRRF incl •mg 164 million tons of disposal capacity an• : overall requirement that th, volume of was ,. accepted for disposal shall not exceed 11,150 ton ler day as calcul ted on an ann .t basis(260 operating days per year). The actions of th- ounty's Zoning ' Admi strator wer' appealed to and upheld by the County's Board of Supervisor the "Board") on De mber 5 , •96 through the adoption of Resolution No. R-97-284, which Resolution impos d add' nal conditions on the approved expansion and reduced the expansion to 80 ' millio to• -. 1 Final Altamont Settlement Agreement