SR 05:062 - Laserfiche WebLink

Additional Rights and Obligations. 6.1. Contractual Rie, hts. The settlement agreement includes binding contract fights and provisions. Accordingly, the Parties acknowledge and agree, to the maximum extent consistent with applicable law, that this Agreement provides a contractual fight to proceed with the landfill expansion under the terms and conditions set forth in the Amended Use Permit, subject to the receipt by WMAC of all permits and other approvals from regulatory agencies required for operation of the expansion. WMAC's right to proceed is further subject to the provisions of this Agreement and the contractual rights of the Parties to enforce this Agreement. 6.2. National Flow Control Le~,islation. In the event that the United States Congress enacts legislation which would permit the County to restrict the flow of solid waste into the County from other jurisdictions, the County shall have the authority to restrict the import of such solid waste to ALRRF pursuant to the terms and conditions set forth in such national legislation, notwithstanding provisions to the contrary contained in this Agreement. any 6.3. Public Hearing Prior to Accentin~ Certain Material. Prior to acceptance at ALRRF of variance waste or declassified waste, a public hearing shall be noticed and held by the Board to receive public comment, unless the Department of Toxic Substances Control (DTSC) holds a public hearing in Alameda County prior to DTSC's action on a request for a variance or declassification for waste proposed for use or disposal at ALRRF. WMAC and the County shall each use their best efforts to obtain and provide to the Parties notification of proposals pending before DTSC to dispose at ALRRF materials subject to the requirements of Condition No. 2.2 of Exhibit "A" attached hereto. When Health and Safety Code section 25141.6 set forth in Senate Bill 636 (Statutes 1999, Chapter 420) becomes operative, the County shall request public notice, pursuant to subsection 25141.6(d), of any proposal to dispose at ALRRF materials subject to the requirements of Condition No. 2.2 of Exhibit "A" attached hereto. Upon receipt of any such notice, and no less than five (5) days prior to the expiration of the notice period required in subsection 25141.6(d), the Board shall hold a public hearing to receive public comment on the proposal. In the event that Senate Bill 636 is repealed or otherwise invalidated, and until Senate Bill 636 takes effect, the County shall use its best efforts to hold a public hearing prior to approval by DTSC of a proposed variance for or proposed declassification of any materials subject to the requirements of Condition No. 2.2 of Exhibit "A" attached hereto for pm'poses of disposal at ALRRF. To facilitate scheduling hearings as set forth above, the County shall submit to the DTSC a written request to receive copies of all public notices pursuant to that section. 7. Imposition, Collection and Allocation of Fees. 7.1. At the earliest opportunity to amend the permits of any other landfills in Alameda County, the County shall present for review by the Board proposed permit conditions imposing fees comparable to those imposed on the ALRRF pursuant to the Amended Use Permit on any such landfills in Alameda County. Petitioners agree to support imposition of such fees on all other landfills in Alameda County. 7.2. The fees imposed by the Amended Use Permit (pursuant to Conditions No. 18.1 and 18.2 of Exhibit "A" attached hereto) shall be held initially by the County in separate, designated accounts (the "Accounts") as specified in Subsection 7.3, below. Upon approval of expenditures, as provided for in Subsections 7.4 through 7.6, below, the County shall 1 3 Final Altamont Settlement Agreement