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