14-Landfill Services Agreement - Laserfiche WebLink

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Contractor shall not be required to receive or accept Unacceptable Waste as defined herein. Contractor has forty-eight (48) hours from the time it receives a load of waste material from the City or its agents to determine if same contains Unacceptable Waste and to notify the City in writing or such waste is deemed accepted by Contractor. If the City does not contest Contractor's determination of unacceptable waste and/or remove the unacceptable waste from the landfill within forty-eight (48) hours, Contractor will arrange for lawful disposal of such waste. City will reimburse Contractor for all reasonable costs for proper disposal of the unacceptable waste resulting from the City's delivery of Unacceptable Waste to the Landfill. 14. Contesting Contractor's Determination of Unacceptable Waste. Upon receipt of written notice from Contractor that City has delivered a load of Unacceptable Waste to the Landfill, City shall have three business days hours to contest Contractor's preliminary determination and request a third-party independent investigation or test of the alleged unacceptable load. The third-party testing company shall have ten (10) business days to complete its tests and investigation and to provide its written findings and recommendation to Contractor and City. If Contractor and City are still in disagreement regarding the condition or status of the alleged Unacceptable Waste, the parties agree to submit the matter to non-binding mediation. 15. Title to Waste. Contractor is vested with title to all Acceptable Waste accepted by Contractor at the Landfill. Any revenue or other value received by Contractor as a result of reclamation, recycling or resource recovery shall be solely for the account of Contractor. 16. Odor Control. Contractor shall maintain the Landfill in compliance with all State and Federal regulations related to public health, safety and welfare. 17. Requirement for Special Waste. a. Contractor shall have a right of first refusal to dispose of any Special Waste generated at a residential account located in the City, provided Contractor agrees to dispose of such Special waste on the same terms and conditions as a bona fide third party offer to dispose of such Special Waste. Contractor shall have the right to require all generators of Special Waste collected by City and being disposed of at the Landfill to participate in and implement a Special Waste program as described in this Amendment. Contractor is not required to accept or manage any Special Waste unless it is specifically identified in a written Special Waste agreement, approved in writing by Contractor. Contractor will require all waste generators for which it has collection and disposal responsibility to execute a Special Waste agreement prior to delivery of any Special Waste to the Landfill. Contractor will not permit delivery of any Special Waste to the Landfill without a fully executed Special Waste agreement. Landfill Services Agreement - Page 8 of 14 80