Common use of CONTAMINATION MONITORING, RECORDKEEPING, AND REPORTING Clause in Contracts

CONTAMINATION MONITORING, RECORDKEEPING, AND REPORTING. A. By entering into this Agreement, Franchisee hereby agrees to act as the City’s designee for purposes of monitoring contamination pursuant to 14 CCR section 18981.2(b). Franchisee shall implement a contamination monitoring, record keeping, and reporting program using one of the follow methods: 1) Route reviews following the requirements of 14 CCR section 18984.5(b); or 2) Waste evaluations following the requirements of 14 CCR section 18984.5(c). This requirement does not apply to a Generator’s temporary service. B. If utilizing route reviews pursuant to Subsection A(1) of this Section, when issuing notices to Generators as required by 14 CCR Section 18984.5(b)(1), Franchisee may also assess a Contamination Fee to the Generator. The Contamination Fee shall be an amount that is consistent with industry standards and no more than what is reasonably sufficient to recover additional costs such as processing costs or additional collection services that are attributable to the contamination. At the request of the City, Franchisee shall demonstrate that any Contamination Fees assessed are not punitive or excess. C. If utilizing waste evaluations pursuant to Subsection A(2), Franchisee shall not issue any notices or assess any Contamination fees unless a targeted route review is completed pursuant to 14 CCR Section 18984.5(c)(2)(B) to determine the source of the contamination. Following this determination, any Contamination Fee assessed shall be an amount that is consistent with industry standards and no more than what is reasonably sufficient to recover additional costs such as processing costs or additional collection services that are attributable to the contamination. At the request of the City, Franchisee shall demonstrate that any Contamination Fees assessed are not punitive or excessive.