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requested plan amendment. Conira Costa shall make a <br /> good faith effort to settle related litigation with <br /> non-public agency parties at the same time. Said <br /> resolution of litigation shall not preclude or delay <br /> implementation of projects to provide landfill capacity <br /> in Contra Costa County. Contra Costa shall provide <br /> quarterly verification of its continued good faith <br /> effort to establish landfill capacity in Contra Costa <br /> sufficient to meet the needs of Contra Costa for a <br /> minimum of 20 years plus provide reciprocal capacity <br /> for Alameda county agencies. <br /> <br /> In the event that this condition is not complied with <br /> prior to the start of importation under this Plan <br /> Amendment, the two-year term of import provided under <br /> Condition No. 4 shall be reduced to a term of 6 months. <br /> <br />Emergency Capacity <br />8. Contra Costa shall reserve for Alameda county jurisdic- <br /> tions, MSW waste disposal capacity for use at any time <br /> in the future under emergency conditions as determined <br /> by the ACWMA, equal to the tonnage disposed in Alameda <br /> county by Contra Costa subsequent to December 18, 1989. <br /> In no event shall the rate charged to Alameda county <br /> jurisdictions exceed the prevailing disposal rate in <br /> Contra Costa charged to local residents. Any export <br /> from Alameda County requires an amendment of the <br /> Alameda County CoSWMP. <br /> <br />Mitigation Fees <br />9. Contra Costa shall pay all disposal fees, mitigation <br /> fees and surcharges levied in Alameda county during the <br /> term of the agreement, including the following: <br /> <br /> a. A Mitigation Fee of $10.30 per ton, indexed to <br /> inflation, payable to the ACWMA for distribution <br /> in accord with an expenditure plan to be adopted <br /> by the ACWMA to partially mitigate impacts of <br /> importation including lost capacity in Alameda <br /> county and administrative costs. <br /> <br /> Of the $10.30 per ton, $1.00 per ton, or $890,000, <br /> shall be paid on an early, nonrefundable, basis to <br /> the ACWMA. Of this, $500,000 shall be paid in a <br /> lump sum prior to the start of import. The <br /> remaining $390,000 shall be due and payable in a <br /> lump sum at such time as Con=ra Costa has disposed <br /> 500,000 tons of waste at Altamont Landfill under <br /> this plan amendment. The remaining $9.30 per ton <br /> shall be paid on a monthly basis commencing with <br /> the start of import. <br /> <br /> <br />