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25-Deliberate and act on proposed options regarding a limited landfill disposable agreement with Waste Management CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/10/10 Council Date: City Manager Kevin Carruth 25. 09/13/10 RECOMMENDED MOTION: Move to direct staff to prepare an amendment to the Waste Management landfill agreement extending the term by six-months. POLICY ISSUE(S): Agreement BACKGROUND: The City's existing agreement with Waste Management for landfill services expires September 30, 2010, and the renewal term is for another three-years. Because the request for proposal (RFP) process for landfill services and residential collection services will go beyond that date, the City needs to extend the current agreement but for a period less than three years. Waste Management has offered the following three renewal options: 1. Month-by-Month Extension-Increase of 10% over current rates with the stipulation that the 10% will be refunded to the City if Waste Management wins either a new disposal contract and/or collection contract with the City. 2. Six-Month Extension-Increase of 3% over current rates with the stipulation that the 3% will be refunded to the City if Waste Management wins either a new disposal contract and/or collection contract with the City. 3. One-Year Extension-Rates will remain at current level. Assuming an RFP is issued in September, it will not be due back until October, and it may until the end of November or beginning of December before Council evaluates the proposals and makes a selection. Typically there is only one meeting in December so a landfill agreement may not be executed until January, four months after the expiration of the original term on the existing agreement. Staff recommends the six-month extension because (1) the RFP process will take around four months of the six month period; (2) if the Waste Management landfill is selected through the RFP process, there is no issue with term of the extension; (3) if Sanitation Solutions is selected through the RFP process, their landfill is not yet open so six months may not be long enough; and (4) there is no reason a new landfill agreement should take anything close to a year, regardless of the vendor. With direction from Council on the term of the extension, an agreement will be prepared for approval at the September 27 meeting. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Waste Management landfill service contract ACTION: BUDGET INFO: N/A ❑ Financial Report ® Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 179 f FIFTH AMENDED LANDFILL SERVICE CONTRACT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § 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/b/a 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 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 FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 1 ISO 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 may be Unacceptable Waste. (f) 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, in compliance with governmental licenses and permits in effect, may be 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 2 181 (1) 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(f) 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 Page 3 182 (f) 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 a two-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 Pie 4 183 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 parry 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 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 Special Waste. FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 5 184 (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 & Holiday 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 6 185 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 parry 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 parry 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 Page 7 186 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 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. 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. 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 parry 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 8 187 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 Attn: City Attorney 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 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-Ok 1 TEXAS, INC. By: Jesse J es Freelen Its: Mayor Its: FIFTH AMENDED LANDFILL SERVICE CONTRACT Page 9 1.88 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 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 10 189 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 Page 11 .1190