SR 05:062 - Laserfiche WebLink

(ii) the fees imposed pursuant to Condition No. 18.2 shall be collected by the operator and payable at the time and only to the extent that these fees are included in the franchise rate base for solid waste. As the fees imposed pursuant to Condition No. 18.2 are included in the franchise rate base for solid waste, such fees shall be collected by the operator at the same time that regular franchise disposal fees are paid for the solid waste disposed at the ALRRF, and the fees payable for waste deposited during each calendar quarter shall be paid to the County within 30 days following the close of each calendar quarter regardless of whether the fees imposed in Condition No. 18.2 have been collected by the operator (but provided such fees are only payable when and to the extent fees are included in the franchise rate base). The operator shall take all actions necessary to ensure that these fees are included in the franchise rate base: for each franchisor or each jurisdiction which disposes of franchise solid waste at the ALRRF at the earliest possible date allowable under each franchise agreement or other agreement providing for disposal of franchise solid waste at the ALRRF. If any franchisor or other party to si~ch an agreement fails to take diligent steps to include these fees in the franchise rate base, the operator, at its expense, shall initiate and diligently pursue litigation no later than twelve (12) months following the effective date of this permit to enforce payment of the fees, including recovery of all unpaid fees retroactive to the effective date of this permit; the County shall join as a co-plaintiff in any such action. The operator shall report to the Board of Supervisors and ~o the County Counsel regarding collection and payment of these fees bimonthly for twelve (12) months following the effective date of this permit, and annually thereafter. The operator shall not enter into any new or amended franchise agreement or other agreement providing for disposal of franchise solid waste at the ALRRF, or extend an existing agreement, if the new or mended agreement or extension omits the fees set forth in Conditions No. 18.1 and 18.2. In the event that these fees are judicially determined in whole or in part to be unenforceable against a franchisor, the operator shall cooperate with the County in any modification of these fees necessmy to make them enforceable. 18.4: The fees imposed by Conditions No 18.1 and 18.2 shall be distributed as provided in the Settlement Agreement Between and Among the County of Alameda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern California Recycling Association, Aitamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County, Inc. 18.5 Following each calendar quarter, the operator shall submit to the County a report specifying the mount of fees paid during such calendar quarter by the operator, including the fees specified in!Conditions No.18.1 and 18.2. i ] l -A Final Altamont ~ettlement - Exhibit A