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county delegates to the Alameda County Waste Management Authority the power, duty and <br />responsibility to prepare, adopt, amend, administer, implement and enforce the Alameda <br />County Hazardous Waste Management Plan pursuant to Government Code section 66780.8 <br />and Health and Safety Code sections 25135 through 25135.8 as those sections exist or as they <br />may be amended from time to time. <br /> <br />C. Joint Exercise of Powers: <br /> <br /> Government Code section 6500 et seq. provides that two or more public agencies by <br />agreement may jointly exercise any power common to the contracting parties. Public <br />Resources Code section 41823 authorizes a city or county to enter into a memorandum of <br />understanding with another city or county or agency formed under a joint exercise of powers <br />agreement for the purpose of preparing and implementing source reduction and recycling <br />elements or a countywide integrated waste management plan. It is the intent of the contracting <br />Agencies to utilize these statutory authorizations in this Agreement. <br /> <br /> NOW, THEREFORE, the Agencies agree as follows: <br /> <br />1. OBJECTIVE <br />The purposes of this Agreement are to provide a means of preparing, adopting, <br />revising, amending, administering, implementing, and enforcing the Alameda County Solid <br />Waste Management Plan (on an interim basis as specified in paragraphs A2 and A3), the <br />Alameda County Integrated Waste Management Plan and the Alameda County Hazardous <br />Waste Management Plan. <br /> <br />2. DEFINITIONS <br />Certain words as used in this Agreement shall be defined as follows: <br /> <br />a. “Board” shall mean the board constituted herein pursuant to this <br />Agreement to administer and execute this Agreement. <br />b. “Agency” shall mean the city, county, or special district which is a <br />signatory to this Agreement. <br />c. “Alameda County Waste Management Authority” or “Authority” shall <br />mean the public and separate agency created by this Agreement. <br />d. “Enforcement Agency” shall mean the agency established or designated <br />by the Authority pursuant to Public Resources Code section 43203 (b), as that section exists or <br />as it may be amended form time to time, subject to the approval of the California Integrated <br />Waste Management Board pursuant to the Public Resources Code section 43201 as that section <br />exists or as it may be amended from time to time. <br /> <br />3. CREATION OF ALAMEDA COUNTY WASTE MANAGEMENT <br />AUTHORITY <br />There is hereby created the Alameda County Waste Management Authority to <br />exercise in the manner set forth in this Agreement the powers common to each of the Agencies. <br />The Authority shall be a public entity separate from the Agencies. No debt, liability, or <br />obligation of the Authority shall constitute a debt, liability or obligation of any Agency and <br />each party’s obligation hereunder is expressly limited only to the appropriation and <br />contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto <br />may agree. <br /> <br />Attachment 3