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8I Consent 2013 0304
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8I Consent 2013 0304
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Last modified
3/12/2013 4:33:44 PM
Creation date
2/27/2013 11:07:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/4/2013
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_CC Agenda 2013 0304 CS+RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0304
Reso 2013-028
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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<br /> d. Funding the Integrated Waste Management Plan <br /> Except as provided hereinafter the Agencies understand and agree that the <br />Authority and not the agencies may levy fees as authorized by Public Resources Code sections <br />41901 and 41902 as those sections exist or as they may be amended from time to time for the <br />purposes of preparing and adopting the Alameda County Integrated Waste Management Plan, <br />and planning or implementing policies, programs or facilities identified in such plan which affect <br />or benefit more than one Agency, or which implement countywide policies, programs or <br />facilities, or which would fund grant programs for demonstration projects. Each Agency, or <br />group of agencies through agreement as hereinafter provided, reserves to itself or themselves the <br />power to levy fees as authorized by Public Resources Code sections 41901 and 41902 as those <br />sections exist or as they may be amended from time to time for the purpose of preparing and <br />adopting its or their SRRE(s), and for implementing local policies, local programs or facilities <br />located within the particular Agency’s or Agencies’ jurisdiction(s) and identified in the SRRE(s), <br />if the fee is levied on a waste stream originating within the Agency’s or Agencies’ jurisdiction(s) <br />and is levied on facilities or activities within the Agency’s or Agencies’ jurisdiction(s). To the <br />extent the jurisdiction of a city and a sanitary district are concurrent, the power to levy fees for <br />implementation as provided herein may be exercised only by the affected city. This provision is <br />not intended to and does not in any way affect the power or discretion of the Agencies regarding <br />franchise agreements or rate setting for solid waste hauling, disposal, recycling, source reduction <br />or other aspects of solid waste processing, including the power of the Agencies to levy fees or <br />other charges through franchise agreements or rate setting involving solid waste. <br /> <br /> e. Agreements Between Agencies <br /> This Joint Powers Agreement shall not preclude Agencies from entering into <br />agreements for joint development and operation of programs and facilities. Through such <br />agreements, participating Agencies may assign the responsibility for setting fees and charges <br />collected throughout the program or facility to a lead Agency. <br /> <br />f. Agency Facilities <br />This Joint Powers Agreement shall not preclude Agencies which own <br />and /or operate facilities from setting fees and charges for use of the facility by the public in <br />general, including other Agencies. <br /> <br /> g. Funding for Agency Programs <br /> The Authority may also levy county-wide fees to provide funding for local solid <br />waste planning activities and local implementation of source reduction and recycling plans, <br />administered by the Agencies. The distribution of such funds to local agencies shall be based <br />upon types of quantities of wastes generated by the member agencies, or other means as may be <br />approved by the Board. The funding so provided to the Agencies shall be used in accordance <br />with all state and local requirements enabling and pertaining to the collection of such fees. <br /> <br /> h. Waste Import Fees <br /> The Agencies understand and agree that the Authority and not the Agencies may <br />assess special fees of a reasonable amount on the importation of waste from outside of the <br />County pursuant to Public Resources Code section 41903 as that section exists or as it may be <br />amended from time to time. <br /> <br /> <br /> <br />Attachment 3
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