Hauler Diversion Requirements Sample Clauses

Hauler Diversion Requirements. Beginning September 5, 2023, the minimum amount of hauler-Collected tonnage that shall be diverted by Company through Recycling, Organic Materials Collection, Mixed Waste Processing, and Transformation of the Solid Waste Collected by Company under this Agreement during each year of this Agreement is 44%. Diverted tonnage shall be tonnage Collected and processed in a manner such that the tonnage is not considered as Disposal by the State (per annual reports to CalRecycle). Diversion achieved by Transformation shall be credited toward reaching this diversion requirement only to the extent that the State grants City diversion credit. Diversion from third-party diversion shall not be considered towards the minimum diversion rate. Upon the request of either party, but not more than once every two years, the Parties agree to meet and confer, and negotiate in good faith, regarding adjustments to the hauler diversion requirement, including trends in source reduction, the availability of permitted Facilities that are capable of processing material to achieve the required levels of diversion, the availability of commercially viable markets for Recyclable Materials or Organic Materials, Transportation constraints, embargoes, and the impact of third party recycling and scavenging.
Sample 1
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Hauler Diversion Requirements. As of January 1, 2022, the minimum amount of hauler-Collected tonnage that shall be diverted by Contractor through Recycling, Organic Materials Collection, and Mixed Waste Processing of the Solid Waste Collected by Contractor under this Agreement during each year of this Agreement shall be a minimum of fifty percent (50%), including Food Recovered for donation with quantities documented by Contractor. Diverted tonnage shall be tonnage Collected and processed in a manner such that the tonnage is not considered as Disposal by the State (per annual reports to CalRecycle). Diversion achieved by Transformation shall not be deemed credit toward reaching this diversion requirement and is therefore disallowed. Diversion from Construction and Demolition Debris and Temporary Service loads, which are not Collected exclusively under this Agreement, and third-party diversion, shall not be considered towards the minimum diversion rate. Upon the request of either party, but not more than once every two years, the parties agree to meet and confer, and negotiate in good faith, regarding adjustments to the hauler diversion requirement, including trends in source reduction, the availability of permitted Facilities that are capable of processing material to achieve the required levels of diversion, the availability of commercially viable markets for Recyclable Materials or Organic Materials, Transportation constraints, embargoes, and the impact of third party recycling and scavenging.
Sample 1

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