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08 - Waste Connection Landfill Service AgreementNo. 8 TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: WASTE CONNECTION LANDFILL SERVICE AGREEMENT DATE: September 12, 2022 BACKGROUND: At the September 13, 2021 City Council meeting, a report was provided to the City Council regarding the status of the City's landfill agreement with Sanitation Solutions, now doing business as Waste Connections. The agreement had expired earlier that year and staff underwent a process of determining next steps to securing an agreement for use of a landfill for our sanitation department. The City Council at that time agreed and authorized the City Manager to pursue a new agreement with Waste Connections for continued use of the landfill located at Blossom, TX. The City Manager reached out to Waste Connection to finalize an agreement. There was limited communication from Waste Connection during that time period, but a draft from the City had been presented to them and therefore the matter was left in their court. All the while, Waste Connection was honoring the pricing agreed to at that point. STATUS OF ISSUE: This summer, the City once again reached out to Waste Connection to see if they had finalized their thoughts on our agreement. They informed us they had not realized this matter had not been settled. They have subsequently signed our agreement as originally drafted. They dated this June 28, 2022, but when it arrived to the City Manager, he was unable to review it until August 2022 due to other obligations and duties at the time. That review has been done and the next available council meeting was tonight. If approved, the term of the agreement will be ten years from October 11, 2021. The rates have been negotiated and are included which honored the original agreement's renewal caps. Otherwise, the agreement nearly mirrors that of our previous agreement, with appropriate updates made as needed. There are no concerns with the agreement as presented tonight. BUDGET: Section 6 of the agreement identifies the costs for service. Prices had indeed gone up from 2021, but they were within the range allowed upon renewal of the previous agreement and still represented a better cost vs. landfills further away from Paris. OPTIONS: 1. Approve the Landfill Services Agreement with Waste Connections Lone Star, Inc. and authorize the Mayor to sign. 2. Request additional information and/or reject the agreement. For additional information, please consider reviewing the September 13, 2021 agenda memo as it went in to depth on this topic. RECOMMENDATION: 1. Approve the Landfill Services Agreement with Waste Connections Lone Star, Inc. and authorize the Mayor to sign. LANDFILL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § This LANDFILL SERVICES AGREEMENT is entered into by and between the City of Paris, Texas, a home -rule municipal corporation ("City''), and Waste Connections Lone Star, Inc., at 4001 Old Denton Road, Haltom City, Texas 761 17 ("Contractor'), with an effective date as provided below. WITNESSETH: WHEREAS, on February 14, 2011, the City Council voted to award a 10 -year landfill services agreement to 'Sanitation Solutions, Inc., now Waste Connections Lone Star, Inc., for landfill disposal services at the company's landfill in Blossom, Texas; and, WHEREAS, on September 13, 2021, upon completion of the initial 10 -year landfill services agreement with Sanitation Solutions, the City Council has determined that there are immediate savings to be had by entering into a renewal agreement with Waste Connections Lone Star for another 10 -year period.with an option to renew; and, WHEREAS, on October 11, 2021, the City Council voted to award a 10 -year landfill services renewal agreement to Waste Connections Lone Star. NOW, THEREFORE, for and in consideration of the mutual agreements and covenants stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto agree to enter into this. landfill services agreement as follows: 1. Definitions. (a) Acte table ., Waste. Acceptable Waste means any and all solid waste, including municipal solid waste, except Unacceptable Waste. (b) Bully Waste. Bulky Waste shall include items such as stoves, refrigerators or freezers (which have CFC's removed by a certified technician), water tanks, washing machines, other appliances, furniture, carpet, rugs, brush or tree trimmings, bundled or unbundled in excess of three (3) cubic feet in volume or fifty (50) pounds in weight, and other waste material. Bulky Waste does not include construction debris, bagged solid waste, hazardous waste, or other items which are unauthorized to be disposed of in a Type I landfill in Texas. The weight of any bulky item shall not exceed that which can easily be loaded by two (2) workers. (c) Contractor. Waste Connections Lone Star. Landfill Services Agreement - Page 1 of 14 (d) Hazard,ons Waste. Hazardous Waste means hazardous waste and toxic or radioactive substances (even though they may be part of a delivered load of waste); as such terms are defined by applicable federal or state laws or regulations. (e) SpecialWaste. Special Waste means all treated/de-characterized (formerly hazardous) wastes; polychlorinated biphenyl (PCB) wastes; industrial process wastes; asbestos containing material; chemical containing equipment; incinerator ash; medical wastes; off -spec chemicals; sludges; spill -cleanup wastes; underground storage tank (UST) soils; waste from service industries; and all such other wastes described on Exhibit A attached hereto and incorporated herein by this reference for all purposes. (f) Residential Waste. Residential Waste shall mean that waste material collected by the City, or the City's contractor from residential service accounts in the City of Paris, Texas. (g) TCEU. Shall mean the Texas Commission on Environmental Quality, or any predecessor, successor or other substituted agency, department or commission of the -State which has regulatory authority over solid waste disposal permitting and enforcement. (h) Unacce )table Waste. Unacceptable Waste means any and all waste that is either: (i) Waste which is or may be prohibited from disposal at the Landfill by federal or state law, regulation, rule, code, ordinance, order, permit or permit condition; (ii) Hazardous Waste; (iii) Special Waste without an approved Special Waste agreement as described in Section 15 of this Agreement; or (iv) Special Waste which does not conform to the analysis or characteristics described in a Special Waste agreement. Waste (') -- Material. Waste Material means residential Acceptable Waste and i e construction and demolition material which, in compliance with governmental licenses and permits in effect, may be received for disposal at the Landfill. 2. Duties. (a) Contractor agrees to maintain and operate a Type I Landfill permitted at its present location southeast of Blossom, Texas. Said Landfill to be properly Landfill Services Agreement - Page 2 of 14 permitted by the State of Texas and in compliance with all applicable State and Federal laws and regulations. (b) City agrees to deliver all residential waste collected by the City or by the City's authorized contractor to the Landfill during the term of this Agreement and to pay the Landfill disposal rates as set forth herein. (c) Contractor agrees to receive, accept and to properly dispose of the City's residential waste material at the Landfill throughout the term of the agreement. Contractor shall maintain regular operating hours at the Landfill six days a week; Monday — Friday, 7:00 a.m. to 6:00 p.m., and 7:00 a.m. to 3:00 p.m. on Saturday, and close on just one holiday. Contractor shall maintain sufficient capacity at the Landfill to receive and properly dispose of the City's residential waste material throughout the term of this Agreement. (d) Contractor shall provide a monthly report to City which details the amount of waste material received at the Landfill from the City (or the City's residential waste contractor) broken down by date, vehicle or truck number, and cubic yardage and/or tonnage per vehicle. (e) Upon special request by the City Manager, Director of Public Works, or their authorized designee, Contractor shall provide curbside collection of bulky waste to any residential account in the city limits of Paris, Texas. Contractor shall charge for curbside bulky waste pickup at the rates designated herein. i (f) Contractor shall establish and operate a customer convenience station to be located behind the Waste Connections Lone Star office on South Church to receive citizen drop off of acceptable waste material. Contractor agrees to properly transport and dispose of all waste material received at the customer convenience station. (g) Contractor agrees to maintain all entrances and access roads into and out of the Landfill in a safe and passable condition. Maximum turnaround time for any City sanitation truck (or third -party sanitation truck under contract with the City) at the landfill shall not exceed fifteen (15) minutes from the time the sanitation truck reaches the main gate to the landfill to the time the truck exits the landfill. Contractor shall maintain any necessary equipment at the Landfill to pull out or push out any City Sanitation truck that becomes stuck on Landfill property. (h) To insure compliance with this Agreement, City shall have the right to visit and inspect the Landfill upon providing Contractor forty-eight (48) hours advance notice. 3. Term. The initial term of the Agreement shall be for a period of ten (10) years commencing on the l la` day of October, 2021 ("Effective Date"), and ending on the 10a` day of October, 2031 (the "Initial Term). Thereafter, the City shall have Landfill Services Agreement - Page 3 of 14 the option to renew and extend the Agreement for an additional ten (10) year term. City shall notify Contractor of its intent to renew this agreement by providing Contractor with written notice no less than sixty (60) days prior to the expiration of the Initial Term. 4. Termination for Cause. if at any time during this Agreement, Contractor shall fail to substantially perform under any of the terms, covenants or conditions set forth in this Agreement, City shall notify Contractor of the default in writing by certified mail or hand delivery addressed to Contractor at the address provided herein. Contractor shall have thirty (30) days from receipt of the notice of default to remedy the default; provided, however, if such default is of a nature that requires more than thirty (30) days to cure then, Contractor shall have a reasonable time to cure said default, provided Contractor commences to remedy the default within thirty (30) days of receipt of notice and works diligently toward curing the default; otherwise the City may terminate this Agreement and all rights and obligations herein shall terminate as of the date of termination. Performance, Bond. Prior to the effective date of this Agreement, Contractor shall purchase at its sole expense a performance bond in the amount of $150,000 guaranteeing Contractor's performance under this Agreement and naming the City as sole beneficiary under the bond. The surety must come from the United States' Treasury Department's Listing of Approved Sureties and must be authorized to issue surety bonds in the State of Texas. The City reserves the right to reject any and all sureties. Contractor shall issue a new perfonnance bond for this Agreement, on or before the anniversary date of this Agreement for every year of this Agreement. The amount of the Performance Bond for years 2-10 of this Agreement, and any renewal years of this Agreement, shall be based upon the City's residential landfill disposal costs for the prior year. 6. Base Rates. (a) Contractor shall charge City the following rates for receiving and disposing of Waste Material at the Landfill ("Base Rates': (i) Compacted Waste Materials (ii) Curbside pickup of Bulky Waste from residential account upon special request by City Public Works Director and/or Sanitation Manager (iii) Construction and demolition material (Uncompacted) (iv) Brush Trucks (Uncompacted) (v) Waste Material delivered to Citizens Landfill Services Agreement - Page 4 of 14 $29.51 per ton $10.00 per cubic yard $19.36 per ton $6.06 per cubic yard Convenience Center $6.50 per cubic yard (b) The Base Rates referenced above include all state mandated closure fund fees, licenses, taxes as of the effective date of this Agreement. Provided, however, the base rates listed above may be increased from time to time to cover any new state or federal mandated tax or fee assessed against the Landfill after the effective daze of this Agreement. Contractor shall provide all necessary proof or documentation to City prior to increasing rates based on any new state or federal fees assessed against the Landfill. This provision, however, specifically excludes any increases in property taxes and/or income taxes associated with the Landfill and/or Contractor, and the base rates shall not be increased to offset increased property taxes at Landfill and/or due to changes in the Federal income tax rales and regulations applicable to Contractor's business at the Landfill. (c) Contractor shall bill City monthly for all Waste Material delivered by City to the Landfill during the previous month pursuant to this Agreement, multiplied by the then applicable Base Rates. Invoices shall be paid within thirty (30) days after receipt; undisputed past due amounts bear interest at the rate of one- half of one percent (.5%) per month. (d) The base rates provided above shall remain fixed for a period of two (2) years from the effective date of this Agreement. (e) Beginning on the second anniversary of the Effective Date of this Agreement and on each anniversary of this Agreement thereafter, Contractor shall have the right to request an increase in the Base Rates based on the same percentage as the Consumer Price Index, for the Dallas, Texas area for All Urban Consumers, All Items, Not Seasonally Adjusted, Based Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the "C.P.I.") shall have increased during the preceding twelve months. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to use the Municipal Cost Index as their guide for any percentage increases in the Base Rates. Provided, however, in no event shall the Base Rates be increased more than five percent (5.0%) in any one year. The first CPI calculation shall include the percentage change for the first twenty four month period. Every year after, it shall be for a twelve month period from Anniversary date to Anniversary date. (f) At the end of the Initial Term, Contractor agrees to renegotiate the base rates, and to provide the City with new base rates that are at least twenty percent (20%) lower than the average contract landfill rates being paid in October 2031 by the following Texas municipalities: Tyler, Texarkana, Sherman, Greenville and McKinney. But in no event, shall the base rates exceed $11.15/cubic yard or $45.78/ton for waste materials disposed of at the Landfill during the first year of the renewal term of this Agreement as Landfill Services Agreement - Page 5 of 14 provided herein. 7. Customer Convenience Station. Contractor shall establish and operate a customer convenience station behind the Waste Connections Lone Star offices on South Church Street, Paris, Texas to receive waste material delivered by residents of Paris for Contractor transportation and disposal at the Landfill. The Customer Convenience Station shall be open to the citizens of Paris on all days that the Landfill is open, with operating hours, Monday through Friday 8:00 a.m. to 5:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 p.m. (a) Each residential service account in the City will be allowed to deliver up to four (4) cubic yards of waste material to the customer convenience station per month free of charge. Contractor shall require every person wishing to dispose of waste material at the customer convenience station to verify their residence by Texas driver's license (or other reliable identMeation) along with a current city water bill proving that the resident has an established account with the City of Paris. Contractor shall not accept waste material from commercial contractors or commercial accounts at the Customer Convenience Station. Any quantity of waste material in excess of the four cubic yard limit per month may be accepted by Contractor only after obtaining full payment from the Paris resident. (b) Contractor will charge City $6.00/cubic yard for waste material received from City of Paris residents at the customer convenience station. The first one hundred (100) yards per month will be free to the City. Contractor shall keep a daily log of each drop-off made at the customer convenience station. The log shall include the name and address of the Paris resident using the facility including the quantity of waste material disposed. A copy of the customer convenience station log shall be submitted to the Finance Director for the City of Paris no later than the fifth day of every month throughout the term of this Agreement. S. Indemnification. Contractor hereby agrees to release, defend, indemnify, save, and hold the City, it's elected officials, officers and employees harmless from any and all demands, debts, liabilities, suits, claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or related to the services and contractual duties provided by the Contractor pursuant to this Agreement. 9. Insurance. Contractor shall provide, keep and maintain throughout the term of this Agreement, and any extensions thereof, a policy or policies of insurance, providing at least $500,0000.00 per occurrence and $1,000,000.00 aggregate for bodily injury or death and a $5,000,000 excess umbrella liability policy indemnifying the Contractor and the City, its elected officials, officers and employees (as additional insured) for any and all damages, personal injuries, or property damages sustained in Contractor's performance of the services required under this Agreement. Contractor shall pay all premiums when due and Contractor Landfill Services Agreement - Page 6 of 14 shall provide the City with a copy of the insurance policy and/or a certificate of insurance each year throughout the term of this Agreement. Said insurance policy shall require that City receive thirty (30) days prior notice of cancellation of any and all insurance policies. Contractor shall also maintain worker's compensation insurance in conformance with and as required by State law. 10. Waste Connections LonemStar Sponsoj Keep Pails MBeautiful Events. ..,-M Throughout, the term of this Agreement, Contractor agrees to fully sponsor Keep Paris Beautiful. Clean -Up events by providing a 25 cubic yard rear -load truck and a two-man crew at a City designated site from 8:00 a.m.-12:00 p.m. (or as otherwise designated by City) twice a year (Spring and Fall) and Contractor shall pay for all disposal costs related to these events. 11. Additional Services. Contractor agrees to provide all labor, materials and equipment (excluding cost of any asbestos survey and/or asbestos abatement) necessary to demolish at least fifteen (15) dilapidated single family structures in the City of Paris, Texas during each year of this Agreement, including any renewals thereof. Contractor shall demolish only those structures designated in writing by the City and City shall pay all landfill disposal costs associated with the demolished structures. 12. Communiq, Donation. Contractor further agrees to donate $5,000 cash per year to the City, throughout the term of this Agreement and any renewals thereof, to be allocated by the City Council to the Main Street Program or to such other program as the City Council shall determine more appropriate. 13. Acce Mance of Waste _ whtwto Refuse Unacceptable Waste. Contractor agrees to accept for disposal all waste material delivered by City pursuant to this Agreement. 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. Conteshn Contractor's Determination ofUnaccel table 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 Landfill Services Agreement - Page 7 of 14 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 Saecial 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 parry offer todispose 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. b. The specific requirements of the Special Waste agreement shall be as specified from time to time by Contractor and may be altered by Contractor at any time as necessary to ensure the proper management of Special Waste. At a minimum, the Special Waste agreement shall include: i. A representation of the character and regulatory status of the waste to be executed by the generator; I A decision document to be executed by Contractor. A decision document shall at a minimum include the identification of the generator and the source and characterization of the waste; iii. A proposed management plan for the Special Waste, including any special handling requirements; iv. The approval of Contractor indicating acceptance for handling of the waste; and V. The unit price for disposal associated with the management of the Landfill Services Agreement - Page 8 of 14 Special Waste. C. Contractor may, in its sole discretion, demand that a representative sample of any Special Waste proposed for delivery to the Landfill be provided by the generator to Contractor prior to the approval of a Special Waste agreement. Unless otherwise agreed by Contractor, the cost for acquisition, delivery and analysis of a representative sample shall be borne by the generator. If the generator refuses to provide a representative sample, Contractor shall have no obligation to accept the Special Waste or to execute a Special Waste agreement. 18. Snndu & Holiday, R Opeation r. City and Contractor hereby acknowledge and agree that operation of the Landfill on Sundays and on the following holidays shall be limited to emergency situations as required by City, the State or other recognized authorities. Christmas Day 19. ,mw liver of Waste. City agrees, acknowledges and confirms that during the term of this Agreement or any extensions thereof, the City shall deliver to the Landfill for disposal all such residential Waste Materials, save and except materials being mulched, composted and/or recycled by or through the City or the City's agent. In addition, if the City shall engage or utilize, or otherwise contract for the services of, a third party to collect residential Waste Materials, the City shall require that all such residential Waste Materials collected by such third party provider shall be delivered to and disposed of at the Landfill. In addition, the City shall deliver to the Landfill all construction and demolition material from all residential or commercial structures condemned and demolished by the City or agent of the City. 20. Force Majeure. The performance of the Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or delayed by a Force Majeure occurrence. "Force Majeure" shall mean: a. An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, civil disturbance, strike or other labor disturbances, governmental actions or regulations, governmental requests or requisitions for national defense, or breakdown or injury to, or shortage in, facilities used for the handling, processing or transportation of Solid Waste or any other cause beyond the reasonable control of either party; b. The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action Landfill Services Agreement - Page 9 of 14 or inaction of the party relying thereon; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such party; c. The suspension, termination, interruption, denial, or non -renewal of any permit or approval essential to the operation of the Contractor if it is not the result of willful misconduct or negligent action or inaction of the party relying thereon. 21. Governing Law. The Agreement will be governed and interpreted in accordance with the laws of the State of Texas. The services to be provided herein will be performed in Lamar County, Texas, and any questions or disputes arising from this contract or the services provided herein shall be decided by a County or District Court in Lamar County, Texas. Exclusive venue shall be in Lamar County, Texas. 22. Severabili',. If any provision of the Agreement is declared illegal, void, or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. 23. Assignment. No transfer or assignment of the Agreement or any right accruing under this Agreement will be made by either parry hereunder without the written consent of the other party, which consent may be withheld in such parry's sole discretion; provided, however, that Contractor may assign this Agreement to an affiliate. For puiposes of this article, affiliate means any entity that, directly or indirectly, controls, is controlled by, or is under common control, with Contractor. 24. Notice. All notices or other communications required or permitted to be given pursuant to the Agreement shall be in writing and shall be considered as properly given (i) if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, (ii) by delivering same in person to the intended addressee, (iii) by delivery to an independent third party commercial delivery service for same day or next day delivery and providing for evidence of receipt at the office of the intended addressee, or (iv) by prepaid telegram, telex, or facsimile to the addressee. Notice so mailed shall be effective upon its deposit with the United States Postal Service or any successor thereto; notice sent by such a commercial delivery service shall be effective upon delivery to such commercial delivery service; notice given by personal delivery shall be effective only if and then received by the addressee; and notice given by other means shall be effective only if and when received at the office or designated place or machine of the intended addressee. Notwithstanding anything contained herein to the contrary, any notice of default under the Agreement must be both (i) mailed by Certified Mail, Return Receipt Requested and (ii) faxed to the alleged defaulting party to constitute proper notice hereunder. For purposes of notice, the addresses of the parties shall be as set forth below; provided, however, that either party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of thirty (30) days' notice to the other party in the Landfill Services Agreement - Page 10 of 14 manner set forth herein. If to the City, at: City 'of Paris, Texas P. O. Box 9037 Paris, Texas 75461-9037 Attn: City Manager with a copy to: City of Paris, Texas P. O. Box 9037 Paris, Texas 75461-9037 Atte: City Attorney If to the Contractor at: Waste Connections Lone Star 4001 Old Denton Road Haltom City, Texas 76117 or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 25. Entire A , i ment. The Agreement constitutes the entire agreement and understanding between the parties hereto, and it will not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Landfill Services Agreement - Page 11 of 14 IN WITNESS WHEREOF, this Agreement has been executed and shall be effective as of the date last executed below. MM City of Paris, Texas By: .... Paula Portugal Its: Ma,,,,,or Date: ATTEST:. Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Landf U Services Agreement - Page 12 of 14 CONTRACTOR Waste Connections Lone Star, Inc. ..... ... By: ohn Schafer „ Its: Division Vice President Date: 4612812022 ATTEST: 80 tiAugust t8, 2022 1fi r0iWl m d8'm'm rYmlV eio�reumu °"° ix, wmx wau i •"", Imi EXHIBIT "A" SPECIAL WASTE Special Waste means any discarded material from a nonresidential source meeting any of the following descriptions for Type A or Type B Special Waste. 1e A Special?Vaste. Any waste from a commercial or industrial activity meeting any of the following descriptions. 1. Containerized waste (e.g., a drum, portable tank, lugger box, roll -off box, pail, bulk tanker, etc.) listed in (b) through (h) below. 2. Waste from a pollution control process (e.g., baghouse dust, treatment plant sludge, filter cake, sedimentation pond cleanout, etc.). 3. Waste containing free liquids (free liquid wastes are those wastes which fail the paint filter test prescribed by the United States Environmental Protection Agency Method 9095). 4. Residue and debris from the cleanup of a spill or a chemical substance or commercial product or a waste listed in (a) through (c) above or (e) through (h) below. This definition applies to spills of any size. 5. Contaminated residuals from the cleanup of a facility generating, storing, treating, recycling, or disposing chemical substances, commercial products, or waste listed in (a) through (d) above or (0 through (h) below. 6. Any waste which is nonhazardous as a result of treatment pursuant to RCRA Subtitle C. 7. Sludge waste. S. Waste from an industrial process. Type B Special Waste. Any waste from a commercial or industrial activity meeting any of the descriptions which follow. 1. Friable asbestos from building demolition or cleaning: wall board, wall or ceiling spray coverings, pipe insulation, etc. Nonfriable asbestos (e.g., asbestos containing floor tiles, brake pads, roofing products, etc.) is a Special Waste if it has been processed, handled, or used in such a way that asbestos fibers may be freely released. Asbestos bearing industrial process waste is a Type A Special Waste. 2. Commercial products or chemicals which are off -specification, outdated, unused, or banned. Outdated or off -specification, uncontaminated food or beverage products in original consumer containers are not included in this category; however, containers which once held commercial products or chemicals are included if the container is empty. A container is empty when all wastes have been removed that can be removed using the Landfill Services Agreement Page 13 of 14 practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, or aspirating), an end has been removed (for containers in excess of 25 gallons), and no more than one inch (2.54 centimeters) of residue remains on the bottom of the container or inner liner, or no more than 3 percent by weight of the total capacity of the container remains in the container (for containers more or less than 110 gallons) or no more than 0.3 percent by weight of the total capacity of the container remains in the container (for containers greater than 110 gallons). A container which once held ACUTELY HAZARDOUS WASTES must be triple rinsed with an appropriate solvent or cleaned by an equivalent method. Containers which once held substances regulated under the Federal Insecticide, Fungicide, and Rodenticide Act must be empty according to label instructions or triple rinsed. Untreated biomedical waste. Any waste capable of inducing infection due to contamination with infectious agents from a biomedical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary,, taxidermist, veterinarian, veterinary hospital, animal testing laboratory or medical testing laboratory. Any sharps from these sources must be rendered harmless or placed in needle puncture proof containers. 4. Treated medical waste. Any waste from a biomedical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory which has been autoclaved or otherwise heat treated or sterilized so that it is no longer capable of inducing infection. Any sharps from these sources must be rendered harmless or placed in needle puncture proof containers. Residue resulting from the incineration of medical waste is a Type A Special Waste. 5. Residue/sludges from septic tanks, food service grease traps, or washwaters and wastewaters from commercial laundries, laundromats, and car washes. If these wastes are managed at a public or commercial wastewater treatment works, they are not a Special Waste. 6. Chemical -containing equipment removed from service in which the chemical composition and concentration are known (e.g., oil filters, cathode ray tubes, lab equipment, acetylene tanks, fluorescent light tubes, etc.). 7. Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the industrial process. Chemicals or waste removed or drained from such equipment for facilities are Type A Special Wastes. 8. Incinerator ash generated at a resource recovery facility that burns only nonhazardous household, commercial or industrial waste and qualifies for the hazardous waste exclusion in 40 CFR 261.4 (b). If the regulatory authority does not recognize the household hazardous waste exclusion, then the ash is a Type A Special Waste. Landfill Services Agreement Page 14 of 14