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Central Valley Waste Servicesulated Agreement 2002-01 Page 2 1. Whereas the facility currently is permitted to accept commingled recyclable material for sorting prior to being sold for reuse. 2. Whereas Solid Waste Facility Permit 39-AA-0017 requires that the facility meet San Joaquin County Development Code, Section 9-1025.9 for noise generated at the facility. 3. Whereas the proposed changes are for equipment only and do not require new construction of buildings or structures. 4. Whereas the proposed changes will not affect waste type or volume. 5. Whereas the proposed changes will not affect the hours of operations. 6. Whereas the proposed changes will not affect traffic volume. TERMS AND CONDITIONS 1. The operator is allowed to install and operate the new equipment prior to conducting the study for noise, particulate and vibration. 2. During the installation of the equipment steps must be taken to minimize the noise and dust generated by this activity. 3. During the installation of the equipment the waste that is normally processed at this facility must be taken to another facility for processing and not allowed to accumulate onsite. SPECIFIED ACTIONS: 1. The operator shall conduct a study to determine if the changes in processing equipment have had an adverse impact to the level of noise,particulate and vibration generated by the facility. 2. The study must be conducted within the first thirty (30) days of initial operation of the new processing equipment,but no later that August 5, 2002. 3. If the results of the study indicate that the facility has had an adverse impact to noise, particulate or vibration, the operator must take steps to mitigate the noise, particulate or vibration to levels below those determined to be adverse. 4. The adverse levels of noise, particulate and vibration must be mitigated to assure that no adverse impact will result to the surrounding properties, The operator must mitigate all adverse impacts related to noise,particulate and vibration within 90 days, but no later than November 4, 2002. 5. The original EIR (SCH #90020924) for the facility references levels for noise and particulate. The levels found in the EIR must be considered when determining adverse impacts.