Common use of CERCLA Disposal Records Clause in Contracts

CERCLA Disposal Records. CCCSWA views the ability to defend against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a matter of great importance. For this reason, the CCCSWA regards the ability to prove where Pomace and Residual of Digested Food Solids resulting from the Processing of Food Waste Delivered by CCCSWA Collector was taken for Disposal, as well as where it was not taken, to be matters of concern. The District shall maintain, retain and preserve records that can establish where such Pomace and Residual of Digested Food Solids was Disposed (and therefore establish where it was not). This provision shall survive the expiration or earlier termination of this Agreement. The District shall maintain these records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement, in an organized and indexed manner, and either in physical (e.g. weigh tickets) and/or electronic form and provide these records to CCCSWA on a regular basis. Alternatively, the District may send these records to CCCSWA after the District’s normal retention period has expired. CCCSWA, however, may elect to obtain such physical and electronic records at the expiration of the Agreement, or upon termination.

CERCLA Disposal Records. CCCSWA views the ability to defend against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a matter of great importance. For this reason, the CCCSWA regards the ability to prove where Pomace and Residual of Digested Food Solids resulting from the Processing of Food Waste Delivered by CCCSWA Collector CCCSWA’s Franchised Hauler was taken for Disposal, as well as where it was not taken, to be matters of concern. The District shall maintain, retain and preserve records that can establish where such Pomace and Residual of Digested Food Solids was Disposed (and therefore establish where it was not). This provision shall survive the expiration or earlier termination of this Agreement. The District shall maintain these records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement, in an organized and indexed manner, and either in physical (e.g. weigh tickets) and/or electronic form and provide these records to CCCSWA on a regular basis. Alternatively, the District may send these records to CCCSWA after the District’s normal retention period has expired. CCCSWA, however, may elect to obtain such physical and electronic records at the expiration of the Agreement, or upon termination.