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13.1 Assertion of Authority. The Members shall not engage in any action that would <br />duplicate, circumvent, by-pass, or supersede the SBWMA's powers. as expressed in this <br />Agreement. <br />13.2 Facility Operator. The Members agree that the SBWMA shall have sole <br />authority to operate or contract for the operation of the Facilities, and have sole authority to direct <br />the delivery of all or a portion of each Member's Solid Waste, Recyclable Material, and Plant <br />Material to the Facilities, except as provided in Exhibit D hereto. No Member shall take any <br />action in any manner, inconsistent with the terms of this Agreement. <br />13.3 Operating Records. The SBWMA will cause the Facilities' Contractor to <br />maintain accurate, timely, and complete records of operations at the Facilities, as necessary to <br />comply with any CIWMA or other State requirements, or this Agreement. <br />13.4 Operations Reporting. The SBWMA shall cause the Facilities' Contractor to <br />compile information and report on any of its Facilities operations, in accordance with the <br />CIW_ MA and this Agreement. <br />13.5 Solid Waste Reporting. The SBWMA shall cause the Facilities' Contractor to <br />compile and report to the CIWMA and other State of California agencies data on Solid Waste <br />accepted at the Facilities, all on behalf of the Members. <br />13.6 Require Compliance with Laws. The SBWMA shall require the Facilities <br />Contractor to operate said Facilities in compliance with all Federal, State, and local laws, <br />Environmental Laws, guidelines, and regulations, as may exist, or as may exist from time to time. <br />13.7 Bond Payment Review. The SBWMA shall at least annually review the Revenue <br />Bond payment history and payment projections to the end of bond repayment. <br />13.8 Bond Management. The SBWMA shall periodically consider defeasing the <br />Revenue Bonds and refinancing any existing debt to the economic benefit of the Members, as <br />market conditions allow. <br />13.9 Bond Reserves. The SBWMA shall maintain at least the minimum reserve fund <br />requirements specified in the Revenue Bond covenants. <br />13.10 Asset Reserves. The SBWMA shall establish and maintain an asset replacement <br />reserve fund at a level at least adequate to finance appropriate and ordinary asset replacement at <br />the Facilities. <br />13.11 Annual Inspection. At least annually, the SBWMA shall inspect or cause to be <br />inspected by a qualified and licensed civil engineer all of its Facilities, including all property, <br />land, equipment, and other items owned by the SBWMA. <br />13.12 Attributing Solid Waste. The SBWMA shall establish a fair and equitable <br />method of attributing SoLid Waste, Recyclable Materials, and Plant Materials to the Members <br />that are delivered to the Facilities. <br />13.13 Miscellaneous. The SBWMA may operate programs, conduct analyses, and <br />perform. studies from time to time, all in support of the purposes under this Agreement, as the <br />Board so approves. <br />13.14 Member Cooperation. Members agree to cooperate in the accumulation of <br />information supporting goals approved by the Board, as provided in this Agreement. <br />ARTICLE 14. PENALTIES <br />14.1 Apportionment of Penalties. Any penalties assessed by regulatory authorities <br />against the SBWMA shall be paid by the SBWMA. <br />Page 10 of 23 <br />