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<br />b. A Non Equity Member shall not be required to pay an equity equalizing
<br />payment, and shall not have the rights and liabilities of Equity Members,
<br />particularly under Section 15 Withdrawal and Section 16 on Termination of
<br />the JP A. The Non Equity Member shall, however, direct its flow of Solid
<br />Waste, Recyclable Material, and Plant Material to the Facilities subject to the
<br />exception in Exhibit D hereto, and comply with the terms of the JP A with
<br />respect to the flow of Solid Waste, Recyclable Material, and Plant Material.
<br />The Non Equity Member shall be entitled to participate in Board Meetings and
<br />activities, and receive all notices and information. However, it shall not be
<br />entitled to vote on any matter before the Board, or on any other matter unless
<br />the right to vote is expressly provided for the Non Equity Member.
<br />c. Exhibit A hereto shall designate Equity Members and Exhibit B
<br />shall designate Non Equity Members.
<br />
<br />6.4 All Members. Equity Members and Non-Equity Members shall, during the term
<br />of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material
<br />and Plant Material to the Facilities. With respect to the Uniform Franchise Agreement all Equity
<br />and Non-Equity Members shall have the right to participate in Board deliberations and
<br />negotiations and to vote on all matters, including rates, that are contained therein.
<br />
<br />ARTICLE 7. POWERS
<br />7.1 SBWMA Powers. The SBWMA is authorized, but is in no way required, to act
<br />in its own name on any or all of the following matters, as each Member could act separately, and
<br />as it deems in the best interest of its Members, to the extent permitted by any and all applicable
<br />laws, codes, ordinances, resolutions and regulations:
<br />a. Acquire, construct, finance, refinance, operate, regulate, and maintain
<br />Facilities.
<br />b. Acquire, improve, hold, lease, and dispose of real and personal property of all
<br />types.
<br />c. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant
<br />Material Transfer, Transport and Processing Facilities.
<br />d. Plan, study, and recommend proper and appropriate Solid Waste Recyclable
<br />Material and Plant Material Transfer, Transport and Processing management
<br />practices. Research and study issues related to Solid Waste Generation,
<br />Collection, Transfer, Processing, Diversion, and Disposal, including but not
<br />limited to source reduction, re-use, Recycling, and recovery.
<br />e. Resolve disputes between the public and any entities providing Solid Waste,
<br />Recycling Material, and Plant Material Transfer, Transportation and
<br />Processing services.
<br />f. Plan, design, and implement programs that address CIWMA transfer,
<br />processing and diversion requirements.
<br />g. Educate the public as to Solid Waste, Diversion, and Recycling matters.
<br />h. Provide for or enter into agreements to provide for financial, engineering,
<br />legal, audit, and any other professional services supporting any of the
<br />SBWMA's programs including, but not limited to, Solid Waste, Recyclable
<br />
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