04-B4 Landfill Service Contract
DRAFT
RESOLUTION NO.
f:attorney\reswork\current\B&B Landfill Resolution 2007
September 18, 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE
FIFTH AMENDED LANDFILL SERVICE CONTRACT BETWEEN THE
CITY OF PARIS AND WASTE MANAGEMENT OF TEXAS, INC.,
SUCCESSOR-IN-INTEREST TO WASTE MANAGEMENT COMPANY
D/B/A B&B EQUIPMENT COMPANY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, since 1983, the City of Paris has contracted with Barney Bray III, d/b/a B&B
Equipment Company and his successor-in-interest, Waste Management of Texas, Inc.
("Contractor") for landfill services at Contractor's landfill at 3100 County Road 33900, Powderly,
Texas; and,
WHEREAS, during this time, the City and Contractor have amended and extended their
landfill services agreement many times, the most recent extension being the Third Amended Landfill
Service Contract approved by the Paris City Council on August 11, 1997 by Resolution No. 97-091;
and,
WHEREAS, the Third Amended Landfill Service Contract provided for a ten (10) year term
beginning October 1,2007 and expiring September 31,2007; and,
WHEREAS, on or about October 11, 1999, the City of Paris and Contractor executed a
Fourth Amended Landfill Service Contract to reflect a change of ownership of the landfill from
Barney Bray to Waste Management of Texas, Inc. and to make certain changes to the price structure
of the contract, but the contract term remained the same; and,
WHEREAS, City and Contractor now desire to extend the term of their landfill services
contract for an additional years and to make certain other changes to the terms and
provisions of the Landfill Service Contract; and,
WHEREAS, the City Council of the City of Paris hereby finds and determines that it is in
the best interests of the City of Paris and its citizens to amend the Landfill Services Contract with
Waste Management to extend the term of the contract an additional years and to provide
for additional changes to the terms and conditions of the contract; and,
WHEREAS, the form of the Fifth Amended Landfill Service Contract with Waste
Management Company of Texas, Inc., attached hereto as Exhibit A, should, in all things, be
approved, and the Mayor of the City of Paris, should be authorized to execute the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the Landfill Services Contract with Waste Management of Texas, Inc. be
extended for a term of _ years beginning October 1,2007.
Section 3. That the Fifth Amended Landfill Service Contract between the City of Paris and
Waste Management Company of Texas, Inc. be, and the same is hereby approved, substantially in
accordance with Exhibit "A" attached hereto and incorporated herein by reference.
Section 4. That the Mayor of the City of Paris be, and he is hereby authorized and directed
to execute, on behalf of the City of Paris, the Fifth Amended Landfill Service Contract, substantially
in accordance with the terms and conditions and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 24th day of September, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
FIFTH AMENDEDMENT-+-<:}...LANDFILL SERVICE CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
This FIFTH AMENDMENT TO LANDFILL SERVICE CONTRACT (this
"Amendment") is by and between the City of Paris, Texas ("City"), and Waste Management of
Texas, Inc. (or "Contractor"), effective as of the day of 2006.
WIT N E SSE T H:
WHEREAS, the City and Contractor, as successor-in-interest to Waste Management
Company d/b/a B&B Equipment Company, have heretofore entered into an agreement with
respect to disposal of residential Waste Material at a certain landfill located at 3100 County Road
33900, Powderly, Texas (the "Landfill"), whereby City agreed to deliver to the Landfill, and
Contractor agreed to accept, residential Waste Material, as more particularly set forth in, and
subject to the terms of, that certain "Fourth Amended Landfill Service Contract" (together with
all amendments, the "Contract"), dated October 11, 1999; and
WHEREAS, the parties to amend the terms and provisions of the Contract, all as more
particularly set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten and Noll 00 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and confessed, the parties hereto agree as follows:
1. Definitions. There is hereby added to the Contract the following definitions:
(a) Acceptable Waste. Acceptable Waste means any and all solid waste,
including municipal solid waste, except Unacceptable Waste.
(b) Contractor. Waste Management of Texas, Inc., and all references in the
Contract to "B&B" shall refer to Contractor.
(c) Hazardous 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.
(d) Special Waste. Special Waste means all treated/de-characterized
(formerly hazardous) wastes; polychlorinated byphenyl (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)
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EXHIBIT L
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.
( e) Suspicious Waste. Suspicious Waste means waste which Contractor
reasonably suspects may be Unacceptable Waste.
(f) TCEQ. TCEQ means 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.
(g) Unacceptable 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 7; or
(iv) Special Waste which does not conform to the analysis or
characteristics described in a Special Waste agreement.
(h) Waste Material. Waste Material means residential Acceptable Waste and
construction and demolition material which, in compliance with
governmental licenses and permits in effect, may be received for disposal
at the Landfill.
2. ~. The term of the Contract is hereby extended an additional five (5) years,
through September 30, 2012 (the "Renewal Term"). The term of this Contact
may thereafter be renewed for additional successive five (5) year terms, upon the
mutual agreement of Contractor and the City, upon terms and conditions
acceptable to both parties, in each parties' sole discretion.
3. Base Rates. Effective as of the date hereof, Sections 6 and 7 of the Contract are
hereby deleted in their entirety, and the following inserted in lieu thereof:
(a) Commencing as of the effective date of the date of this Amendment, the
base rates to be charged by Contractor for receiving and disposal of Waste
Material (as hereinafter defined) at the Landfill shall be as follows ("Base
Rates"):
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(i)
(ii)
Compacted Waste Materials
$9.88 per cubic yard
Residential customer's personally
delivering up to one (1) pickup truck
bed of Waste Materials to Landfill per
month as set forth in Section 3(f) below
$9.72 per cubic yard
(2 cubic yard
minimum)
(iii)
Construction and demolition material
for City run condemned housing project
$28.00 per ton
(iv) Brush trucks (maximum 6 loads
per year) $28.00 per ton
(b) +he above Base Rates shall not be adjusted for changes in the CPI (as
hereinafter defined) until October 1,2008. Commencing October 1,2008,
and continuing annually on each October 1 thereafter during the term of
this Contract, 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 US City A veragc for All Urban Consumers,
Garbage and Trash Collection, Not Seasonally Adjusted, Base 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 substitute another equally authoritative measure of change
in the purchasing power of the U.S. dollar as may be then available so as
to carry out the intent of this provision. The City shall not unreasonably
withhold its consent to a Base Rate increase based on changes in the CPI.
(c) Contractor shall also be entitled to an increase in Base Rates from time to
time during the term of the Contract, aOO upon thirty (30) days2. written
notice to the City and upon written approval from the City Manager, to
offset any significant increase in the Contractor's costs due to changes in
federal, state or local laws, rules or regulations, or increases in taxes,
tariffs or surcharges. Documentation of such increases shall be submitted
to the City contemporaneously with Contractor's thirty (30) day notice to
City of such increase.
(d) The above Base Rates shall includes all state mandated closure fund and
fees and Landfill fees as of the date hereof.
(e) Contractor shall bill City monthly for all Waste Material delivered by City
to the Landfill during the previous month pursuant to this Contract,
multiplied by the then applicable Base Rates. Invoices shall be paid
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within thirty (30) days after receipt undisputed past due amounts bear
interest at the rate of 1 % per month.
(f) Residential customers with Waste Material collection service to their
residence may personally deliver up to one (1) pickup truck bed of Waste
Materials to the Landfill per month pursuant to Section 3 (a)(ii) above
once per month, and shall show proof of City residency at the Landfill by
presentment of a current water bill for such residence, and a valid driver's
license. Contractor shall directly bill the City for such services.
(g) For any calendar month during the term of the Contract that the City shall
deliver to the Landfill 20,000 cubic yards or greater of Waste Material (the
"Monthly Volume Discount Threshold"), the City shall receive a 10%
discount (the "Monthly Volume Discount") for Waste Material delivered
during that calendar month under the Contract; provided, however, the
Monthly Volume Discount shall be applicable only to a calendar month in
which the City actually delivers to the Landfill the Monthly Volume
Discount Threshold,"
4. Waste Mana2ement Sponsorin2 Keep Paris Beautiful Events. Contractor
a2rees to fullv sponsor two (2) annual Keep Paris Beautiful Clean-Up events
by providin2 a 25 cubic yard rear-load truck and a two-man crew at a City
desi2nated site from 8:00 a.m.-12:00 p.m. (or as otherwise desi2nated bv
City) and Contractor shall pay for all disposal costs related to these events.
5. Acceptance of Waste: Ri2ht to Refuse Unacceptable Waste. Contractor agrees
to accept for disposal all residential Acceptable Waste delivered by Cit pursuant
to this Agreement. Contractor shall not be required to accept, and provided
Contractor delivers written notice to City within 10 days after Contractor's actual
knowledge of delivery of the Unacceptable Waste to the Landfill, reserves the
right to reject or revoke acceptance of (in accordance with Section 5 below), any
waste brought to the Landfill that Contractor, in its reasonable discretion,
considers to be an Unacceptable Waste or Suspicious Waste. Contractor may
require City to remove waste it has delivered which is subsequently determined or
suspected by Contractor to be Unacceptable Waste. If such Unacceptable Waste is
not removed from Contractor's possession by the City within a reasonable time,
not to exceed three (3) days from the receipt of such waste, Contractor will
arrange for lawful disposal of such waste. City will reimburse Contractor for any
costs or damages, including fines and penalties, resulting from delivery of
Unacceptable Waste to the Landfill.
6. Revocation of Acceptance. Contractor may, at any time before the condition of
the waste has been materially changed, revoke its acceptance of any waste
discovered to be Unacceptable Waste. Revocation must occur within a reasonable
time after Contractor actually discovers or should have discovered that the waste
is Unacceptable Waste. In revoking its acceptance of any waste, Contractor shall
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notify City of the manner in which the waste is Unacceptable Waste. Contractor
agrees to provide written notice to City within 10 days after actual knowledge of
delivery of such Unacceptable Waste to the Landfill, of its intent to revoke
acceptance of such waste.
7. 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.
8. Requirement for Special Waste Manae:ement.
(a) Contractor shall have a right of first refusal to dispose of any Special
Waste generated at a residential unit located in the City, provided
Contractor agrees to dispose of such Special waste on the same terms and
conditions of 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.
(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 representative of the character and regulatory status of the waste
to be executed by the generator;
(ii) 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
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(v) The unit price for disposal associated with the management of the
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.
9. Sunday Operation. City and Contractor hereby acknowledge and agree that
operation of the Landfill during Sundays and the following holidays shall be
limited to emergency situations as approved by TCEQ:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
10. Future Transfer Station.
(a) Sections 8, 9, 10, 11 and 12 of the Contract are hereby deleted in their
entirety; provided, however, if the City shall desire to construct and
operate a transfer station (the "Transfer Station"), and the City does not
operate the Transfer Station, then Contractor shall have the right of first
refusal to operate such Transfer Station. If the City receives an offer from
a third party to operate the Transfer Station (a "Third Party Offer"), then
the City shall provide to Contractor the terms and conditions for such
Third Party Offer. Contractor shall have a period of sixty (60) days after
receipt of such Third Party Offer to accept or reject the right to operate
Transfer Station in accordance with the terms of the Third Party Offer. If
Contractor shall fail to accept to operate the Transfer Station in
accordance with the terms of the Third Party Offer within such sixty (60)
day period, then Contractor's right of first refusal shall expire.
(b) If the City shall operate the Transfer Station, then Contractor agrees to
furnish two (2) 42 yard compactor boxes and four (4) 40 yard open top
boxes to be used at the Transfer Station. The rates to haul such boxes
shall be mutually agreed upon by the City and Contractor. The City shall
be responsible for placing of the compactor boxes into the compactor and
removing the same when full. City shall also be responsible for tarping of
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open top boxes when the same shall be full. Such tarping shall be in
accordance with the laws of the State of Texas.
11. Delivery of Waste. City agrees, acknowledges and confirms that for so long as
the City operates a residential waste collection service, the City shall deliver to
the Landfill for disposal all such residential Waste Materials, save and except
materials being recycled by or through the City. 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.
12. Force Maieure. The performance of the Contract 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) Any actual or threatened act of God, including hurricanes, tornadoes,
landslides, lightning, earthquakes, 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 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; or
(d) A Change in Law. "Change in Law" means (i) the adoption, promulgation,
or modification or reauthorization after the date of this Agreement of any
law, regulation, order, statute, ordinance, rule or binding judicial or
administrative ruling that was not adopted, promulgated, modified or
reissued on or before the date of this Agreement, or (ii) the imposition of
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-. n'
any material conditions in connection with the issuance, renewal, or
modification of any permit, license, registration, notice of intent or
approval after the date of this Agreement, which in the case of either ( a) or
(b) establishes requirements affecting a party's operation under this
Agreement more burdensome than the requirements that are applicable to
such party and in effect as of the date of this Agreement. A change in any
federal, State, county, or other tax law or workers compensation law shall
not be a Change of Law. However, in the event that a federal, State or
local entity imposes a fee, charge or tax after the date of this Agreement
that applies to a party's operations per se, such fee, charge or tax shall be
treated as a Change in Law.
13. Governin2: Law. The Contract will be governed and interpreted by construed in
accordance with the laws of the State of Texas. The services to be provided
herein will be perfonned in Lamar County, Texas, and any questions or dispute
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. This Contract shall bc perfonnablc, and vcnuc shall lic, in
Lamar County, Texas.
14. Severability. If any provision of the Contract is declared illegal, void, or
unenforceable, the remaining provisions will not be affected but will remain in
full force and effect.
15. Assi2:nment. No transfer or assignment of the Contract or any right accruing
under this Agreement will be made by either party hereunder without the written
consent of the other party, which consent may be withheld in such party's sole
discretion; provided, however, that Contractor may assign this Agreement to an
affiliate. For purposes of this article, affiliate means any entity that, directly or
indirectly, controls, is controlled by, or is under common control, with Contractor.
16. Notice. All notices or other communications required or permitted to be given
pursuant to the Contract 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
when 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 Contract must be both (i) mailed by
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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 manner set forth herein.
If to the City, at:
City of Paris, Texas
A TTN: City Manager
If to the Contractor at:
Waste Management of Texas, Inc.
1600 A. South Railroad
Lewisville, Texas 75067
with a copy to:
Waste Management of Texas, Inc.
820 Gessner, Suite 940
Houston, Texas 77024
Attn: Senior Legal Counsel; and
CT Corporation System
350 North St. Paul Street
Dallas, Texas 75201
or such other addresses as the parties may hereafter specify by written notice
delivered in accordance herewith.
17. Entire Ae:reement. The Contract, as amended hereby, 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.
18. Conflicts. Nothing contained herein shall be deemed to amend or modify the
Contract, except as expressly set forth herein. In the event of a conflict between
the terms of the Contract and this Amendment, the terms of this Amendment shall
control.
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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.
Type A Special Waste. 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.
8. 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 ifit 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
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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
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 11 0 gallons). A container which once held
ACUTEL Y 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.
3. 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
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