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Joint Exercise of Powers Agreement for Waste Management
<br /> Revised 10/13/08
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<br />This Agreement is entered into and becomes effective this 10th day of November, 1992, by and
<br />between the undersigned public agencies, all of said parties referred to collectively as the
<br />“Agencies.” This agreement is an amended Joint Powers Agreement which amends, restates and
<br />supersedes the Joint Exercise of Powers Agreement for Waste Management dated February 13,
<br />1990.
<br />WITNESSETH:
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<br />A. Solid Waste Management:
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<br />1. Until January 1, 1990 Government Code section 66780 et seq. had required the
<br />preparation, adoption, revision, amendment, administration and enforcement of countywide solid
<br />waste management plans in order to protect the environment and provide for safe, sanitary and
<br />economical disposal of solid waste. An objective of prior versions of this Joint Exercise of
<br />Powers Agreement for Waste Management (hereinafter “JPA”) had been to create a city, county,
<br />special district waste management authority responsible for and capable of preparation, adoption,
<br />revision, amendment, administration, policy-making, budgeting, planning and enforcement of the
<br />Alameda County Solid Waste Management Plan as mandated by then existing Government Code
<br />section 66780 et seq.
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<br />2. In this regard, the Alameda County Solid Waste Management Plan has been
<br />adopted, revised and amended from time to time pursuant to Government Code Section 66780 et
<br />seq. Alameda County had previously delegated to the Alameda County Solid Waste
<br />Management Authority, an agency created by a Joint Exercise of Powers Agreement for Solid
<br />Waste Management on September 2, 1976, the power, duty and responsibility to prepare, adopt,
<br />revise, amend, administer and enforce the Alameda County Solid Waste Management Plan. On
<br />October 27, 1987, the JPA was amended to create, among other things, the Alameda County
<br />Waste Management Authority (hereinafter “Authority”) which was empowered to engage in
<br />hazardous waste planning as well as solid waste planning. By its signature on the October 27,
<br />1987 Joint Powers Agreement for Waste Management, Alameda County delegated the power,
<br />duty, and responsibility to prepare, adopt, revise, amend, administer and enforce the Alameda
<br />County Solid Waste Management Plan. In the event that Government Code section 66780 et seq.
<br />is re-enacted in any manner, whether by enactment of additions to the Government Code or other
<br />code or in uncodified sections, by its signature hereon, Alameda County continues the delegation
<br />enumerated above in regard to the Alameda County Solid Waste Management Plan.
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<br />3. Notwithstanding the repeal of Government Code section 66780 et seq. the
<br />Agencies, including Alameda County, pursuant to Public Resources Code section 50000 and
<br />through their shared power to engage in planning and regulation of solid waste, hereby
<br />delegate to the Authority the power to prepare, adopt, revise, amend, administer and enforce
<br />the Alameda County Solid Waste Management Plan which has previously been adopted by the
<br />Authority, approved by a majority of cities in the County having a majority of the population in
<br />the incorporated areas of the County, and approved by the California Waste Management
<br />Board. This delegation shall continue until approval of the Alameda County Integrated Waste
<br />Management Plan by all necessary public agencies specifically including the California
<br />Integrated Waste Management Board pursuant to the provisions of Public Resources section
<br />40900 et seq. as those sections exist or as they may be amended from time to time.
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<br />Attachment 3
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