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102.5 <br /> <br />(b) <br /> <br />deposited during each calendar quarter shall be paid to the County within <br />30 days following the close of each calendar quarter, regardless whether <br />the fees imposed in Condition No. 102.2 have been collected by the <br />operator; and <br /> <br />the fees imposed pursuant to Condition No. 102.3 shall be collected by the <br />operator and payable at the time and only to the extent that these fees are <br />included in the franchise rate base for solid waste. As the fees imposed <br />pursuant to Condition No. 102.3 are included in the franchise rate base for <br />solid waste, such fees shall be collected by the operator at the same time <br />that regular franchise disposal fees are paid for the solid waste disposed at <br />the ALRRF, and the fees payable for waste deposited during each calendar <br />quarter shall be paid to the County within 30 days following the close of <br />each calendar quarter regardless of whether the fees imposed in Condition <br />No. 102.3 have been collected by the operator (but provided such fees are <br />only payable when and to the extent the operator and the party paying the <br />fee have agreed that the fees are included in the franchise rate base). <br /> <br />The Operator shall take all actions necessary to ensure that these fees are included <br />in the franchise rate base for each franchisor or each jurisdiction which disposes <br />of fr0nchise solid waste at the ALRRF at the earliest possible date allowable <br />under each franchise agreement or other agreement providing for disposal of <br />franchise solid waste at the ALRRF. If any franchisor or other party to such an <br />agreement fails to take diligent steps to include these fees in the franchise rate <br />base,i the operator, at its expense, shall initiate and diligently pursue litigation no <br />later ihan twelve (12) months following the effective date of this permit to enforce <br />payment of the fees, including recovery of all unpaid fees retroactive to the <br />effeclive date of this permit; the County shall join as a co-plaintiffin any such <br />actioh. The operator shall report to the Board of Supervisors and to the County <br />Coufisel regarding collection and payment of these fees bimonthly for twelve (12) <br />monihs following the effective date of this permit, and annually thereafter. The <br />operator shall not enter into any new or amended franchise agreement or other <br />agreement providing for disposal of franchise solid waste at the ALRRF, or <br />extend an existing agreement, if the new or amended agreement or extension <br />omit~ the fees set forth in Conditions No. 102.2 and 102.3. In the event that these <br />feesCre judicially determined in whole or in part to be unenforceable against a <br />franqhisor, the operator shall cooperate with the County in any modification of <br />thes~ fees necessary to make them enforceable. <br /> <br />The !fees imposed by Conditions No 102.2 and 102.3 shall be distributed as <br />provlded in the Settlement Agreement Between and Among the County of <br />Alan reda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern <br />Calil ~rnia Recycling Association Altamont Landowners Against Rural <br />Mist ~anagement, and Waste Management of Alameda County, Inc. <br /> <br />31-B <br /> Final Altamont Settlement - Exhibit B <br /> <br /> <br />