SR 05:062 - Laserfiche WebLink

ORIGINAL Exhibit A 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 effeeti' re as of December 5, 1999, between and among THE COUNTY OF ALAMEDA, a Califo~ nia county (the "County"), THE CITY OF LIVERMORE, a municipal corporation ("Liw more"), THE CITY OF PLEASANTON, a municipal corporation ("Plcasanton"), SIERI A CLUB, a California nonprofit membership corporation ("Sierra Club"), NORTHERN CALI ORNIA RECYCLING ASSOCIATION, a California professional trade association ("NCI A"), ALTAMONT LANDOWNERS AGAINST RURAL MISMANAGEMENT, a Nevac ~ corporation ("ALARM"), and WASTE MANAGEMENT OF ALAMEDA COUNTY, INC., ~ California corporation ("WMAC"). The County, Livcrmore, Pleasanton, Sierra Club, NCR/ ALARM, and WMAC are sometimes each referred to as a "Party" and collectively refem to as "Parties". RECITALS A. WMAC owns and operates the Altamont Landfill and Resource Recovery Facility ("AL~ RF") located at 10840 Altamont Pass Road in Alameda County. Prior to December 1996, WM.4 2 had operated the ALRRF pursuant to Conditional Use Permit C-6395 (the "Existing Penni ') and other prior use permits. Currently, the ALRRF accepts franchise and non-franchise waste,[ and franchise waste is accepted for disposal from Alameda County jurisdictions and from the Cily and County of San Francisco. (B. WMAC applied to the County in 1991 for a new use permit to expand the ALRRF by adc~mg up to 196 million tons of disposal capacity, expanding daily tonnage from a permitted level ('f 11,150 tons per day to 20,365 tons per day, and ex_p~_,ding the area from which solid waste is accepted for disposal. On May 10, 1996, the County s Zoning Administrator certified a Final i ~,nvironmental Impact Report (referenced as State Clearinghouse #92083047) and appro' ,ed Conditional Use Permit C-5512 (the "1996 Permit"), which provided for a reduced expan ;ion of ALRRF including 164 million tons of disposal capacity and an overall requirement that ~ e volume of wastes accepted for disposal shall not exceed 11,150 tons per day as calcul tted on an annual basis (260 operating days per year). The actions of the County's Zoning Admi~ fistrator were appealed to and upheld by the County's Board of Supervisors (the "Board") on De :ember 5, 1996 through the adoption of Resolution No. R-97-284, which Resolution impos .~d additional conditions on the approved expansion and reduced the expansion to 80 millio a tons. 1 Final Altamont Settlement Agreement