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<br />1 4.04.2 End Uses for Plant Materials. Contractor agrees to develop, <br />2 implement, operate, and participate (locally and regionally) in mulching, composting, <br />3 land application, alternative daily cover, or other programs necessary to achieve <br />4 Agency's Plant Materials diversion requirements. In accordance with Section 2.09.1, <br />5 Agency reserves the right to direct Contractor in the end use of Plant Materials. <br />6 <br />7 Contractor must provide end uses for Plant Materials that maximize <br />8 diversion credits according to regulations established by the California Integrated <br />9 Waste Management Board. To the extent allowed for diversion credits under existing <br />10 regulations and unless otherwise directed by SBWMA or Agency, Contractor intends to <br />11 use Plant Materials as alternative daily cover at its Ox Mountain Landfill. Also, <br />12 Contractor shall make end products (compost or mulch) available to Agency residents <br />13 at a cost to residents to be determined by the Agency and the cost of providing these <br />14 products shall be an allowable operating expense. In addition to these uses of Plant <br />15 Materials, Contractor agrees to be aggressive in the pursuit of new cost-effective <br />16 opportunities to divert Plant Materials from Disposal and to maximize the distribution <br />17 of Plant Materials among approved diversion methods. <br />18 <br />19 Should prevailing law preclude the use of alternative daily cover in <br />20 landfill sites for diversion credits under the Act, or should Contractor be unable to <br />21 obtain a permit for such application, Contractor (not the rate payers nor the Agency) <br />22 shall accept full responsibility, financial and otherwise, for establishing alternate <br />23 diversion uses of Plant Materials that will fully qualify for diversion credits and <br />24 Contractor and SBWMA and/ or Agency shall meet and agree upon the compensation <br />25 to be provided Contractor. <br />26 <br />27 4.05 Diversion Program Guarantees. <br />28 <br />29 4.05.1 Commercial Program Guarantees. Contractor shall implement <br />30 commercial Recycling programs as described in Section 4.03.2 designed to increase the <br />31 amount of Solid Waste diverted from Landfill Disposal. To that end, Contractor has <br />32 guaranteed the following diversion levels for each year as stated for the Solid Waste <br />33 stream generated by Commercial, Industrial and Institutional generators in the <br />34 SBWMA Service Area (the Commercial Program Guarantees). <br />35 <br /> Rate Year Commercial Waste Tonnage <br /> Ending Diverted <br /> 2000 23.205 <br /> 2001 30,030 <br /> 2002 38,025 <br />36 <br />37 Guarantees will be based on the tonnage of commercial waste diverted. <br />38 Contractor shall propose and Agency shall approve in advance the methodology and <br /> Atty j Agrj2005.022 <br /> 060205 -16- <br />