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<br />4. Public Resources Code section 40900, part of AB 939 (Statutes of 1989, chapter
<br />1095), became effective January 1, 1990, and requires preparation of countywide integrated
<br />waste management plans. A purpose of this JPA is to create a city, county, special district
<br />waste management authority responsible for and capable of preparation, adoption, revision,
<br />amendment, administration, policy-making, budgeting, planning, implementation and
<br />enforcement of the Alameda County Integrated Waste Management Plan. By their signatures
<br />hereon, Alameda County, each city and each participating sanitary district (hereinafter
<br />“Agencies”) delegate to the Authority the power, duty and responsibility to prepare, adopt,
<br />revise, amend, administer, enforce and implement as provided for in this agreement the
<br />Alameda County Integrated Waste Management Plan pursuant to Public Resources Code
<br />section 40900 et seq. as those sections exist and as they may be amended from time to time.
<br />This JPA shall be considered a Memorandum of Understanding for the purpose of the
<br />delegation from the Agencies to the Authority of the power to prepare the Alameda County
<br />Integrated Waste Management Plan. This JPA shall not, however, limit the ability of these
<br />Agencies to plan, administer, implement, and otherwise conduct waste management and other
<br />related programs on the local level, or on the sub-regional level through appropriate
<br />interjurisdictional agreements, as determined appropriate by the Agencies and in accordance
<br />with the Alameda County Integrated Waste Management Plan.
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<br />5. As regards the Alameda County Integrated Waste Management Plan, the
<br />Agencies intend and require that the Source Reduction and Recycling Elements (hereinafter
<br />“SRRE’s”) required by Public Resources Code section 41000 et seq., as those sections exist
<br />and as they may be amended from time to time, may be prepared and amended from time to
<br />time by either the Agencies acting individually, or by the Authority acting on behalf of one or
<br />more of the Agencies in accordance with such memorandum of understanding or other
<br />agreement as may be satisfactory to the parties. Any Agency which elects to have its SRRE
<br />prepared through the Authority may treat said SRRE as a baseline plan to which the Agency
<br />may add or modify policies and program tailored more specifically to that Agency’s needs or
<br />designed to be more effective in accomplishing source reduction and recycling of solid waste.
<br />Nothing in this JPA shall be construed to render the Authority responsible for compliance with
<br />the Public Resources Code section 41780 as that section exists or as it may be amended from
<br />time to time. The County and the cities, except the City of Berkeley, enter into this JPA for the
<br />purpose of establishing an Enforcement Agency as authorized by Public Resources Code
<br />section 43203 (b) as that section exists or as it may be amended from time to time. The County
<br />and the cities, except the City of Berkeley, hereby delegate to the Authority the power to
<br />establish or designate an Enforcement Agency as authorized by Public Resources Code section
<br />43203 (b).
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<br />B. Hazardous Waste Management:
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<br />Government Code section 66780.8 and Healthy and Safety Code sections 25135
<br />through 25135.8 establish a planning process and requirements for the preparation, adoption,
<br />amendment, administration and enforcement of county hazardous waste management plans in
<br />order to protect the environment and provide for safe and responsible management of
<br />hazardous wastes. An objective of this Agreement is to create a city, county, special district
<br />waste management authority responsible for and capable of preparation, adoption, amendment,
<br />administration, policy-making, budgeting, funding, planning, implementation and enforcement
<br />of an Alameda County Hazardous Waste Management Plan. By its signature hereon, Alameda
<br />Attachment 3
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