2007-113-RES-Approving and Authorizing the execution of the fifth amended landfill service contract between the City of Paris and Waste Management of TexasRESOLUTION N0. 207-113
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
DB/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 1,1997 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 III, d/bla B&B Equipment Company 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 three (3) years and provide an option for successive three (3)-year renewal
terms thereafter, 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 of Texas, Inc. to extend the term of the contract an additional three (3) years and
provide an option for successive three (3)-year renewal terms thereafter, 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 three (3) years beginning October 1, 2007, with an option to renew the
contract for successive three (3)-year renewal terms thereafter.
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 24~' day of September, 2007.
sse J s Freelen, Mayor
ATTEST:
ice Ellis City Clerk
APPROVED AS TO FORM:
W. Kent c y ity Attorney
FIFTH AMENDED LANDFILL SERVICE CONTRACT
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
This FIFTH AMENDED LANDFILL SERVICE CONTRACT (this "Amendment") is
entered into by and between the City of Paris, Texas ("City"), and Waste Management of Texas, Inc.
("Contractor"), effective as of the 1 st day of October, 2007.
WITNESSETH:
WHEREAS, the City and Contractor, as successor-in-interest to Waste Management
Company d/bla B&B Equipment Company, have heretofore entered into a contract 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 the original contract
dated April 11,1983, and all amendments thereto including the Fourth Amended Landfill Service
Contract dated October 11,1999, (collectively the "Contract"); and,
WHEREAS, the City and Contractor now desire to extend the term of this contract and 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 No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is 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 treatedlde-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
FIFTH AMENDED LANDFILL SERVICE CONTRACT
Pace 1
EXHIBIT g.
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.
(e) Suspicious Waste. Suspicious Waste means waste which Contractor reasonably
suspects maybe Unacceptable Waste.
(~ TCE . 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, incompliance with governmental
licenses and permits in effect, maybe received for disposal at the Landfill.
2. Term. The term of the Contract is hereby extended an additional three (3) years,
beginning October 1, 2007 and ending September 30, 2010. The term of this Contact
may thereafter be renewed for additional successive three (3) year terms, upon the
mutual written 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"):
FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 2
(i) Compacted Waste Materials $9.88 per cubic yard
(ii) Residential customer's personally $9.72 per cubic yard
delivering up to one (1) pickup truck (2 cubic yard
bed of Waste Materials to Landfill per maximum)
month as set forth in Section 3(~ below
(iii) Construction and demolition debris/materials $28.00 per ton
from demolition of substandard structures
(iv) Brush trucks (maximum 6 loads per year) $28.00 per ton
(b) The 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 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. ! .") 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, upon thirty (30) days 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 within thirty (30)
days after receipt undisputed past due amounts bear interest at the rate of 1
per month.
FIFTH AMENDED LANDFILL SERVICE CONTRACT Pape 3
(~ Residential customers with Waste Material collection service to their
residence may personally deliver up to one (1) pickup truck bed of Waste
Material to the Landfill per month pursuant to Section 3(a)(ii) above, 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 Management Sponsoring Keep Paris Beautiful Events. Contractor agrees
to fully sponsor two (2) annual Keep Paris Beautiful Clean-Up events by providing
a 25 cubic yard rear-load truck and atwo-man crew at a City designated site from
8:00 a.m.-12:00 p.m. (or as otherwise designated by City) and Contractor shall pay
for all disposal costs related to these events.
5. Acceptance of Waste and Right to Refuse Unacceptable Waste. Contractor agrees
to accept for disposal all residential Acceptable Waste delivered by City pursuant to
this Contract. 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, and Contractor reserves the right
to reject or revoke acceptance of (in accordance with Section 6 below), any waste
brought to the Landfill by City 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 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
City's receipt of written notification, Contractor will arrange for lawful disposal of
such waste. City will reimburse Contractor for all reasonable costs or damages,
including fines and penalties (if any), resulting from the City's 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 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.
FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 4
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 Management.
(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 representation 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 ofthe 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
Special Waste.
FIFTH AMENDED LANDFILL SERVICE CONTRACT PaEe 5
(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 & Holid ~ 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
open top boxes when the same shall be full. Such tarping shall be in
accordance with the laws of the State of Texas.
FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 6
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 parry 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 Majeure. 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 Maj eure 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 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
FIFTH AMENDED LANDFILL SERVICE CONTRACT pie 7
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. Governing Law. The Contract 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 contractor
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.
14. Severabilitv. 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. Assignment. 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 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 Contract 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 manner set forth herein.
FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 8
If to the City, at:
with a copy to:
If to the Contractor at:
City of Paris, Texas
P. 0. Box 9037
Paris, Texas 75461-9037
Attn: City Manager
City of Paris, Texas
P. 0. Box 9037
Paris, Texas 75461-9037
Attn: City Attorney
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 Agreement. 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.
IN WITNESS WHEREOF, this Amendment has been executed as of the date first set forth
above.
CITY CONTRACTOR
CITY OF PARIS, TEXAS WASTE MANAGEMENT OF TEXAS, INC.
By: By.
Jesse James Freelen
Its: Mayor Its:
FIFTH AMENDED LANDFILL SERVICE CONTRACT
Paee 9
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.
Tvne 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.
S. 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 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
FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 1~
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 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.
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 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.
FIFTH AMENDED LANDFILL SERVICE CONTRACT Pale 11