Generator Status. 6.3.1 As between the Authority and Developer, Developer will be deemed the sole generator and arranger under 40 CFR, Part 262 in respect of any Developer Release of Hazardous Materials. Developer agrees to be identified as the sole generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity.
6.3.2 As between the Authority and Developer, the Authority will be deemed the sole generator and arranger under 40 CFR, Part 262 in respect of any Hazardous Materials for which Developer has not agreed to be identified as the generator and arranger pursuant to Section 6.3.
1. Subject to Section 6.4 (Management of Hazardous Materials Releases), Authority agrees to be identified as the generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity.
Generator Status. (a) As among the Department, the relevant Transit Agency and the Development Entity, the Development Entity will be deemed the sole generator and arranger under 40 CFR, Part 262 in respect of any Development Entity Release of Hazardous Materials. The Development Entity agrees that it shall be identified as the sole generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity.
(b) As among the Department, the relevant Transit Agency and the Development Entity, the relevant Transit Agency will be deemed the sole generator and arranger under 40 CFR, Part 262 in respect of any Hazardous Materials for which the Development Entity is not identified as the generator and arranger in accordance with Section 6.3(a). The relevant Transit Agency will be identified as the sole generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity.
Generator Status. (a) As among MDTA, MDOT, and the Phase Developer, the Phase Developer will be deemed the generator under 40 CFR, Part 262 with respect to any Phase Developer Hazardous Materials Release. The Phase Developer will be identified as the generator of the relevant Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities, or any Governmental Entity.
(b) With respect to Pre-existing Hazardous Materials or any Hazardous Materials Release other than a Phase Developer Hazardous Materials Release:
(i) as among MDTA, MDOT, and the Phase Developer, the Phase Developer will not be deemed the generator under 40 CFR, Part 262;
(ii) the Phase Developer will not be designated as the generator on the waste manifest or any other documentation submitted to transporters, disposal facilities, or any Governmental Entity.
(iii) if MDOT requires the Phase Developer to take Remedial Action under Section 9.4 (Hazardous Materials), the Phase Developer shall:
(A) prepare waste manifests for review and approval by MDOT (prior to the time that the Hazardous Materials are loaded on the transport truck on the Phase Site)
(B) provide all related forms and approvals required for transportation and disposal of the Hazardous Materials;
(C) provide copies of the waste manifests and related forms to MDOT on the date of transport; and
(D) provide the final signed manifests and receipt(s) from the receiving/disposal facility to MDOT upon receipt of such documents.
(c) If MDOT requires the Phase Developer to take Remedial Action under Section 9.4 (Hazardous Materials) with respect to Pre-existing Hazardous Materials or any Hazardous Materials Release other than a Phase Developer Hazardous Materials Release:
(i) the Phase Developer shall not transport the relevant Hazardous Materials unless MDOT has received, reviewed, approved, and signed (as required) any waste documentation, and reviewed and signed the manifests; and
(ii) the Phase Developer shall give MDOT at least 48 hours' prior notice before transporting the relevant Hazardous Materials.
Generator Status. The Contractor shall determine the contribution to the generator's status at the site, for work performed under this Task Order, based on Federal, State, and local laws and regulations. Generator status may include conditionally-exempted small quantity generator, small quantity generator, and generator.
Generator Status. (a) The Department will be deemed the generator of Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition, within the Project Right of Way. The Department agrees to be identified as the generator of such Pre- Existing Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
(b) The Developer will be deemed the generator of Hazardous Substances introduced to the Project Right of Way by a Developer Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Developer agrees to be identified, or cause the applicable Developer Party to be identified, as the generator of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
Generator Status. To the extent any Toxic Materials are removed from the Premises or other Port property to address (i) any Release caused by Permittee or Permittee Representatives, or (ii) Releases caused by Permittee’s or Permittee Representatives’ exacerbation of, or other negligent handling of, existing Toxic Materials, then Permittee or Permittee Representatives shall be deemed the generator of such materials for purposes of disposing of such materials, including any manifest costs (including the execution of hazardous waste manifests or other waste profile sheets as generator), taxes, landfill disposal fees, and transportation taxes or fees. For all other Toxic Materials removed from the Premises or other Port property by Permittee or Permittee Representatives and disposed of at a landfill, the Port shall be deemed the generator of such materials; however, Permittee or Permittee Representatives shall either directly pay for or reimburse the Port for all Costs associated with such disposal.
Generator Status. If and to the extent that the MEW Companies do not fulfill their obligations pursuant to the MEW ROD and the MEW Construction Coordination Agreement, if any, and/or the Navy does not fulfill its obligations pursuit to the Navy Memorandum of Understanding, the Record of Decision for Navy sites described in section 7.1 above and the. Navy Construction Coordination Document, if any, both solely with respect to Hazardous Materials at or from the Premises removed or to be removed (including, without limitation, any vessels, pipes, fixtures or equipment containing Hazardous Materials), and Tenant elects to remove such materials, Landlord shall promptly execute all manifests in connection therewith and shall be deemed to be the generator of such Hazardous Materials for that sole purpose. If there is no MEW Construction Coordination Agreement and/or Navy Construction Coordination Agreement, Landlord shall execute as generator for that sole purpose all manifests for Hazardous Materials for Existing Environmental Conditions to the extent not executed by Navy or the MEW Companies. To the extent the responsibility for the Hazardous Materials is NASA's responsibility (i.e. asbestos or lead-based paint in building materials), Landlord shall execute as generator all manifests for Hazardous Materials for Existing Environmental Conditions. Further, Landlord shall execute as generator all non- hazardous waste manifests for Existing Environmental Conditions.
Generator Status. (a) The Department will be deemed the generator of Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition, within the Project Right of Way. The Department agrees to be identified as the generator of such Pre-Existing Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
(b) The Concessionaire will be deemed the generator of Hazardous Substances introduced to the Project Right of Way by a Concessionaire Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Concessionaire agrees to be identified, or cause the applicable Concessionaire Party to be identified, as the generator of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority. 130 DMEAST #27287336 v26
Generator Status. (a) As between the Department and the Development Entity, the Development Entity will be deemed the sole generator and arranger under 40 CFR Part 262 in respect of any Development Entity Release of Hazardous Materials. The Development Entity agrees that it shall be identified as the sole generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity.
(b) As between the Department and the Development Entity, the Department will be deemed the sole generator and arranger under 40 CFR Part 262 in respect of any Hazardous Materials for which the Development Entity is not identified as the generator and arranger in accordance with Section 6.3(a). The Department will be identified as the sole generator and arranger of such Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Entity. For the avoidance of doubt, the Department’s sole generator and arranger status under 40 CFR Part 262 does not alter the Development Entity’s responsibilities and duties in accordance with Section 6.1.
Generator Status. (a) Under the CA, the Department will be deemed the generator of Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition, within the Project Right of Way. The Department has agreed in the CA to be identified as the generator of such Pre-Existing Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
(b) The DB Contractor will be deemed the generator of Hazardous Substances introduced to the Project Right of Way by a DB Contractor Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The DB Contractor agrees to be identified as the generator of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
