HAZARDOUS WASTE INSPECTION AND HANDLING. A. Inspection Program and Training. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials put out for Collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials observed to be contaminated with Hazardous Waste and not Collect Hazardous Waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel and training; (ii) load checking 2884 activities; (iii) management of wastes; and (iv) record keeping and emergency 2885 procedures. 2886 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 trained in: (i) the effects of Hazardous Substances on human health and the 2888 environment; (ii) identification of prohibited materials; and (iii) emergency notification 2889 and response procedures. Collection vehicle drivers shall inspect Containers before 2890 Collection when practical. 2891 B. Response to Hazardous Waste Identified During Collection. Under no 2892 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste or 2893 remove unsafe or poorly containerized Hazardous Waste from a Collection Container. 2894 If Contractor determines that material placed in any Container for Collection is 2895 Hazardous Waste or other material that may not legally be accepted or safely 2896 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 to Contractor's employees, or those at the Designated Transfer and Processing 2898 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 Generator shall be contacted by the Contractor and requested to arrange proper 2900 Disposal. If the Generator cannot be reached immediately, the Contractor shall, 2901 before leaving the Premises, leave a non-collection notice, which indicates the reason 2902 for refusing to Collect the material and lists the phone number for the San Mateo 2903 County Household Hazardous Waste Facility, or other resources as directed by 2904 Agency. Contractor’s environmental technician shall be notified to handle the issue 2905 with the Generator. The Contractor’s environmental technician shall be required to 2906 guide the Generator to safely containerizing the Hazardous Waste and shall explain 2907 the Generator’s options for proper disposition of such material. 2908 If Hazardous Waste is found in a Collection Container or Collection area that could 2909 possibly result in imminent danger to people or property, the Contractor shall 2910 immediately notify the Agency’s Fire Department using the nine-one-one (911) 2911 emergency telephone number. The Contractor shall notify the Agency of any 2912 Hazardous Waste identified in Containers or left at any Premises within twenty-four 2913 (24) hours of identification of such material. 2914 C. Response to Hazardous Waste Identified at Designated Transfer and 2915 Processing Facility. Contractor shall not knowingly deliver Unpermitted Material to 2916 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 business efforts and standard industry practices to detect and discover Unpermitted 2918 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 event that Unpermitted Material is delivered to the Designated Transfer and 2920 Processing Facility, the Operator shall be entitled to pursue whatever remedies, if 2921 any, it may have against the Generator or Person(s) bringing such Unpermitted 2922 Material to the Designated Transfer and Processing Facility provided that in no case 2923 shall the Agency be considered the Person bringing such Unpermitted Material to the 2924 Designated Transfer and Processing Facility. 2925 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 Materials in the materials delivered by Contractor before the materials are unloaded 2927 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 at the sole expense of the Contractor. If the Unpermitted Materials are delivered to 2930 the Designated Transfer and Processing Facility by Contractor and unloaded at the 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 facility before their presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposal. Contractor shall make reasonable efforts to identify and notify the Generator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator, if appropriate documentation, as deemed necessary by the Agency, is provided to the Agency within five (5) Business Days of the occurrence. In the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer and Processing Facility and the Contractor refuses to provide for the proper handling and disposition of such Unpermitted Material, the Operator may provide written notice to Agency of such refusal by Contractor.
Appears in 1 contract
Samples: Franchise Agreement
HAZARDOUS WASTE INSPECTION AND HANDLING. A. Inspection Program program and Trainingtraining. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, solid waste and/or targeted recyclable materials and other materials put out for Collection collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, solid waste and/or targeted recyclable materials and other materials observed to be contaminated with Hazardous Waste hazardous waste and not Collect Hazardous Waste collect hazardous waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materialssolid waste and/or targeted recyclable materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel :
1. Personnel and training; (ii) load ;
2. Load checking 2884 activities; (iii) management ;
3. Management of wastes; and (iv) record keeping and emergency 2885 procedures.
1. 2886 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 trained in: (i) the The effects of Hazardous Substances hazardous substances on human health and the 2888 environment; (ii) identification ;
2. Identification of prohibited materials; and (iii) emergency and
3. Emergency notification 2889 and response procedures. Collection vehicle drivers shall inspect Containers containers before 2890 Collection collection when practical. 2891 .
B. Response to Hazardous Waste Identified During Collectionhazardous waste identified during collection. Under no 2892 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste collect hazardous waste or 2893 remove unsafe or poorly containerized Hazardous Waste hazardous waste from a Collection Containercollection container. 2894 If Contractor determines that material placed in any Container container for Collection collection is 2895 Hazardous Waste hazardous waste or other material that may not legally be accepted or safely 2896 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 to Contractor's employees, or those at the Designated Transfer and Processing 2898 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 Generator generator shall be contacted by the Contractor and requested to arrange proper 2900 Disposaldisposal. If the Generator generator cannot be reached immediately, the Contractor shall, 2901 before leaving the Premisespremises, leave a non-non- collection notice, which indicates the reason 2902 for refusing to Collect collect the material and lists the phone number for the San Mateo 2903 Plumas County Household Hazardous Waste Facility, or other resources as directed by 2904 AgencyCounty. Contractor’s environmental technician The Department of Environmental Health shall be notified to handle the issue 2905 with the Generatorgenerator. In the event Contractor inadvertently collects hazardous waste, the generator of such waste (if identifiable) shall remain responsible for its handling and disposal and Contractor may seek recourse against such generator. The Contractor’s environmental technician shall be required to 2906 guide the Generator generator to safely containerizing the Hazardous Waste hazardous waste and shall explain 2907 the Generatorgenerator’s options for proper disposition of such material. 2908 If Hazardous Waste hazardous waste is found in a Collection Container collection container or Collection collection area that could 2909 possibly result in imminent danger to people or property, the Contractor shall 2910 immediately notify the AgencyCounty’s Fire Department using the nine-one-one (911) 2911 emergency telephone number. The Contractor shall notify the Agency County of any 2912 Hazardous Waste hazardous waste identified in Containers containers or left at any Premises premises within twenty-four 2913 (24) hours of identification of such material. 2914 .
C. Response to Hazardous Waste Identified hazardous waste identified at Designated Transfer designated transfer and 2915 Processing Facilityprocessing facility. Contractor shall not knowingly deliver Unpermitted Material unpermitted material to 2916 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 business efforts and standard industry practices to detect and discover Unpermitted 2918 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 event that Unpermitted Material unpermitted material is delivered to the Designated Transfer and 2920 Processing Facility, the Operator Contractor shall be entitled to pursue whatever remedies, if 2921 any, it may have against the Generator generator or Person(sperson(s) bringing such Unpermitted 2922 Material unpermitted material to the Designated Transfer and Processing Facility provided that in no case 2923 shall the Agency County be considered the Person person bringing such Unpermitted Material unpermitted material to the 2924 Designated Transfer and Processing Facility. 2925 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 Materials in the materials delivered by Contractor before the materials are unloaded 2927 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 at the sole expense of the Contractor. If the Unpermitted Materials unpermitted materials are delivered to 2930 the Designated Transfer and Processing Facility by Contractor and unloaded at the 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 facility before their presence is detected, and the Generator generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposaldisposal. Contractor shall make reasonable efforts to identify and notify the Generatorgenerator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal disposal from the Generatorgenerator, and the cost of this effort, as well as the cost of Disposal disposal shall be chargeable to the Generatorgenerator, if appropriate documentation, as deemed necessary by the AgencyCounty, is provided to the Agency County within five (5) Business Days business days of the occurrence.
D. Reporting, regulations, and record keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. Contractor shall notify all appropriate agencies, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of hazardous waste found or observed in solid waste, targeted recyclable materials, electronic waste, universal waste, and construction and demolition debris anywhere within its Service Area. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on any County property, including storm drains, streets or other public rights of way, Contractor will immediately notify County. All records required by regulations shall be maintained at Contractor’s facility. These records shall include: waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. Contractor shall maintain records showing the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer types and Processing Facility and the Contractor refuses to provide for the proper handling and disposition quantities, if any, of such Unpermitted Materialhazardous waste found in solid waste and/or targeted recyclable materials which were inadvertently collected from customers within its service area, the Operator may provide written notice to Agency of such refusal by Contractorbut diverted from landfilling.
Appears in 1 contract
Samples: Franchise Agreement
HAZARDOUS WASTE INSPECTION AND HANDLING.
A. Inspection Program and Training. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials put out for Collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials observed to be contaminated with Hazardous Waste and not Collect Hazardous Waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel and training; (ii) load checking 2884 Franchise Agreement for Collection Services with Recology San Mateo County Page 69 of 120 2863 activities; (iii) management of wastes; and (iv) record keeping and emergency 2885 2864 procedures. 2886 2865 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 2866 trained in: (i) the effects of Hazardous Substances on human health and the 2888 2867 environment; (ii) identification of prohibited materials; and (iii) emergency notification 2889 2868 and response procedures. Collection vehicle drivers shall inspect Containers before 2890 2869 Collection when practical. 2891 2870 B. Response to Hazardous Waste Identified During Collection. Under no 2892 2871 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste or 2893 2872 remove unsafe or poorly containerized Hazardous Waste from a Collection Container. 2894 2873 If Contractor determines that material placed in any Container for Collection is 2895 2874 Hazardous Waste or other material that may not legally be accepted or safely 2896 2875 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 2876 to Contractor's employees, or those at the Designated Transfer and Processing 2898 2877 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 2878 Generator shall be contacted by the Contractor and requested to arrange proper 2900 2879 Disposal. If the Generator cannot be reached immediately, the Contractor shall, 2901 2880 before leaving the Premises, leave a non-collection notice, which indicates the reason 2902 2881 for refusing to Collect the material and lists the phone number for the San Mateo 2903 2882 County Household Hazardous Waste Facility, or other resources as directed by 2904 2883 Agency. Contractor’s environmental technician shall be notified to handle the issue 2905 2884 with the Generator. The Contractor’s environmental technician shall be required to 2906 2885 guide the Generator to safely containerizing the Hazardous Waste and shall explain 2907 2886 the Generator’s options for proper disposition of such material. 2908 2887 If Hazardous Waste is found in a Collection Container or Collection area that could 2909 2888 possibly result in imminent danger to people or property, the Contractor shall 2910 2889 immediately notify the Agency’s Fire Department using the nine-one-one (911) 2911 2890 emergency telephone number. The Contractor shall notify the Agency of any 2912 2891 Hazardous Waste identified in Containers or left at any Premises within twenty-four 2913 2892 (24) hours of identification of such material. 2914 2893 C. Response to Hazardous Waste Identified at Designated Transfer and 2915 2894 Processing Facility. Contractor shall not knowingly deliver Unpermitted Material to 2916 2895 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 2896 business efforts and standard industry practices to detect and discover Unpermitted 2918 2897 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 2898 event that Unpermitted Material is delivered to the Designated Transfer and 2920 2899 Processing Facility, the Operator shall be entitled to pursue whatever remedies, if 2921 2900 any, it may have against the Generator or Person(s) bringing such Unpermitted 2922 2901 Material to the Designated Transfer and Processing Facility provided that in no case 2923 2902 shall the Agency be considered the Person bringing such Unpermitted Material to the 2924 2903 Designated Transfer and Processing Facility. 2925 2904 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 2905 Materials in the materials delivered by Contractor before the materials are unloaded 2927 2906 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 2907 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 2908 at the sole expense of the Contractor. If the Unpermitted Materials are delivered to 2930 2909 the Designated Transfer and Processing Facility by Contractor and unloaded at the Franchise Agreement for Collection Services with Recology San Mateo County Page 70 of 120 2910 2911 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 facility before their presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposal. Contractor shall make reasonable efforts to identify and notify the Generator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator, if appropriate documentation, as deemed necessary by the Agency, is provided to the Agency within five (5) Business Days of the occurrence. In the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer and Processing Facility and the Contractor refuses to provide for the proper handling and disposition of such Unpermitted Material, the Operator may provide written notice to Agency of such refusal by Contractor.
Appears in 1 contract
Samples: Franchise Agreement
HAZARDOUS WASTE INSPECTION AND HANDLING.
A. Inspection Program and Training. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials put out for Collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials observed to be contaminated with Hazardous Waste and not Collect Hazardous Waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel and training; (ii) load checking 2884 2837 activities; (iii) management of wastes; and (iv) record keeping and emergency 2885 2838 procedures. 2886 2839 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 2840 trained in: (i) the effects of Hazardous Substances on human health and the 2888 2841 environment; (ii) identification of prohibited materials; and (iii) emergency notification 2889 2842 and response procedures. Collection vehicle drivers shall inspect Containers before 2890 2843 Collection when practical. 2891 2844 B. Response to Hazardous Waste Identified During Collection. Under no 2892 2845 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste or 2893 2846 remove unsafe or poorly containerized Hazardous Waste from a Collection Container. 2894 2847 If Contractor determines that material placed in any Container for Collection is 2895 2848 Hazardous Waste or other material that may not legally be accepted or safely 2896 2849 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 2850 to Contractor's employees, or those at the Designated Transfer and Processing 2898 2851 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 2852 Generator shall be contacted by the Contractor and requested to arrange proper 2900 2853 Disposal. If the Generator cannot be reached immediately, the Contractor shall, 2901 2854 before leaving the Premises, leave a non-collection notice, which indicates the reason 2902 2855 for refusing to Collect the material and lists the phone number for the San Mateo 2903 2856 County Household Hazardous Waste Facility, or other resources as directed by 2904 2857 Agency. Contractor’s environmental technician shall be notified to handle the issue 2905 2858 with the Generator. The Contractor’s environmental technician shall be required to 2906 2859 guide the Generator to safely containerizing the Hazardous Waste and shall explain 2907 2860 the Generator’s options for proper disposition of such material. 2908 2861 If Hazardous Waste is found in a Collection Container or Collection area that could 2909 2862 possibly result in imminent danger to people or property, the Contractor shall 2910 2863 immediately notify the Agency’s Fire Department using the nine-one-one (911) 2911 2864 emergency telephone number. The Contractor shall notify the Agency of any 2912 2865 Hazardous Waste identified in Containers or left at any Premises within twenty-four 2913 2866 (24) hours of identification of such material. 2914 2867 C. Response to Hazardous Waste Identified at Designated Transfer and 2915 2868 Processing Facility. Contractor shall not knowingly deliver Unpermitted Material to 2916 2869 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 2870 business efforts and standard industry practices to detect and discover Unpermitted 2918 2871 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 2872 event that Unpermitted Material is delivered to the Designated Transfer and 2920 2873 Processing Facility, the Operator shall be entitled to pursue whatever remedies, if 2921 2874 any, it may have against the Generator or Person(s) bringing such Unpermitted 2922 2875 Material to the Designated Transfer and Processing Facility provided that in no case 2923 2876 shall the Agency be considered the Person bringing such Unpermitted Material to the 2924 2877 Designated Transfer and Processing Facility. 2925 2878 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 2879 Materials in the materials delivered by Contractor before the materials are unloaded 2927 2880 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 2881 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 2882 at the sole expense of the Contractor. If the Unpermitted Materials are delivered to 2930 2883 the Designated Transfer and Processing Facility by Contractor and unloaded at the 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 2896 2897 2898 2899 2900 2901 2902 2903 2904 2905 2906 2907 2908 2909 2910 2911 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 facility before their presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposal. Contractor shall make reasonable efforts to identify and notify the Generator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator, if appropriate documentation, as deemed necessary by the Agency, is provided to the Agency within five (5) Business Days of the occurrence. In the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer and Processing Facility and the Contractor refuses to provide for the proper handling and disposition of such Unpermitted Material, the Operator may provide written notice to Agency of such refusal by Contractor.
Appears in 1 contract
Samples: Franchise Agreement
HAZARDOUS WASTE INSPECTION AND HANDLING. A. Inspection Program program and Trainingtraining. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, solid waste and/or targeted recyclable materials and other materials put out for Collection collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, solid waste and/or targeted recyclable materials and other materials observed to be contaminated with Hazardous Waste hazardous waste and not Collect Hazardous Waste collect hazardous waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materialssolid waste and/or targeted recyclable materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel :
1. Personnel and training; (ii) load ;
2. Load checking 2884 activities; (iii) management ;
3. Management of wastes; and (iv) record keeping and emergency 2885 procedures.
1. 2886 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 trained in: (i) the The effects of Hazardous Substances hazardous substances on human health and the 2888 environment; (ii) identification ;
2. Identification of prohibited materials; and (iii) emergency and
3. Emergency notification 2889 and response procedures. Collection vehicle drivers shall inspect Containers containers before 2890 Collection collection when practical. 2891 .
B. Response to Hazardous Waste Identified During Collectionhazardous waste identified during collection. Under no 2892 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste collect hazardous waste or 2893 remove unsafe or poorly containerized Hazardous Waste hazardous waste from a Collection Containercollection container. 2894 If Contractor determines that material placed in any Container container for Collection collection is 2895 Hazardous Waste hazardous waste or other material that may not legally be accepted or safely 2896 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 to Contractor's employees, or those at the Designated Transfer and Processing 2898 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 Generator generator shall be contacted by the Contractor and requested to arrange proper 2900 Disposaldisposal. If the Generator generator cannot be reached immediately, the Contractor shall, 2901 before leaving the Premisespremises, leave a non-non- collection notice, which indicates the reason 2902 for refusing to Collect collect the material and lists the phone number for the San Mateo 2903 Plumas County Household Hazardous Waste Facility, or other resources as directed by 2904 AgencyCounty. Contractor’s environmental technician The Department of Environmental Health shall be notified to handle the issue 2905 with the Generatorgenerator. The Contractor’s environmental technician shall be required to 2906 guide the Generator generator to safely containerizing the Hazardous Waste hazardous waste and shall explain 2907 the Generatorgenerator’s options for proper disposition of such material. 2908 If Hazardous Waste hazardous waste is found in a Collection Container collection container or Collection collection area that could 2909 possibly result in imminent danger to people or property, the Contractor shall 2910 immediately notify the AgencyCounty’s Fire Department using the nine-one-one (911) 2911 emergency telephone number. The Contractor shall notify the Agency County of any 2912 Hazardous Waste hazardous waste identified in Containers containers or left at any Premises premises within twenty-four 2913 (24) hours of identification of such material. 2914 .
C. Response to Hazardous Waste Identified hazardous waste identified at Designated Transfer designated transfer and 2915 Processing Facilityprocessing facility. Contractor shall not knowingly deliver Unpermitted Material unpermitted material to 2916 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 business efforts and standard industry practices to detect and discover Unpermitted 2918 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 event that Unpermitted Material unpermitted material is delivered to the Designated Transfer and 2920 Processing Facility, the Operator Contractor shall be entitled to pursue whatever remedies, if 2921 any, it may have against the Generator generator or Person(sperson(s) bringing such Unpermitted 2922 Material unpermitted material to the Designated Transfer and Processing Facility provided that in no case 2923 shall the Agency County be considered the Person person bringing such Unpermitted Material unpermitted material to the 2924 Designated Transfer and Processing Facility. 2925 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 Materials in the materials delivered by Contractor before the materials are unloaded 2927 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 at the sole expense of the Contractor. If the Unpermitted Materials unpermitted materials are delivered to 2930 the Designated Transfer and Processing Facility by Contractor and unloaded at the 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 facility before their presence is detected, and the Generator generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposaldisposal. Contractor shall make reasonable efforts to identify and notify the Generatorgenerator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal disposal from the Generatorgenerator, and the cost of this effort, as well as the cost of Disposal disposal shall be chargeable to the Generatorgenerator, if appropriate documentation, as deemed necessary by the AgencyCounty, is provided to the Agency County within five (5) Business Days business days of the occurrence.
D. Reporting, regulations, and record keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. Contractor shall notify all appropriate agencies, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of hazardous waste found or observed in solid waste, targeted recyclable materials, electronic waste, universal waste, and construction and demolition debris anywhere within its Service Area. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on any County property, including storm drains, streets or other public rights of way, Contractor will immediately notify County. All records required by regulations shall be maintained at Contractor’s facility. These records shall include: waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. Contractor shall maintain records showing the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer types and Processing Facility and the Contractor refuses to provide for the proper handling and disposition quantities, if any, of such Unpermitted Materialhazardous waste found in solid waste and/or targeted recyclable materials which were inadvertently collected from customers within its service area, the Operator may provide written notice to Agency of such refusal by Contractorbut diverted from landfilling.
Appears in 1 contract
Samples: Franchise Agreement
HAZARDOUS WASTE INSPECTION AND HANDLING. A. Inspection Program and Training. Contractor is required to inspect Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials put out for Collection and may reject Solid Waste, Targeted Recyclable Materials, Organic Materials, and other materials observed to be contaminated with Hazardous Waste and not Collect Hazardous Waste put out with Solid Waste, Targeted Recyclable Materials, and Organic Materials. Contractor shall develop a load inspection program that includes the following components: (i) personnel and training; (ii) load checking 2884 activities; (iii) management of wastes; and (iv) record keeping and emergency 2885 procedures. 2886 Contractor’s load checking personnel, including its Collection vehicle drivers, shall be 2887 trained in: (i) the effects of Hazardous Substances on human health and the 2888 environment; (ii) identification of prohibited materials; and (iii) emergency notification 2889 2866 and response procedures. Collection vehicle drivers shall inspect Containers before 2890 2867 Collection when practical. 2891 2868 B. Response to Hazardous Waste Identified During Collection. Under no 2892 2869 circumstances shall Contractor’s employees knowingly Collect Hazardous Waste or 2893 2870 remove unsafe or poorly containerized Hazardous Waste from a Collection Container. 2894 2871 If Contractor determines that material placed in any Container for Collection is 2895 2872 Hazardous Waste or other material that may not legally be accepted or safely 2896 2873 processed at the Designated Transfer and Processing Facility or presents a hazard 2897 2874 to Contractor's employees, or those at the Designated Transfer and Processing 2898 2875 Facility, the Contractor shall have the right to refuse to accept such material. The 2899 2876 Generator shall be contacted by the Contractor and requested to arrange proper 2900 2877 Disposal. If the Generator cannot be reached immediately, the Contractor shall, 2901 2878 before leaving the Premises, leave a non-collection notice, which indicates the reason 2902 2879 for refusing to Collect the material and lists the phone number for the San Mateo 2903 2880 County Household Hazardous Waste Facility, or other resources as directed by 2904 2881 Agency. Contractor’s environmental technician shall be notified to handle the issue 2905 2882 with the Generator. The Contractor’s environmental technician shall be required to 2906 2883 guide the Generator to safely containerizing the Hazardous Waste and shall explain 2907 2884 the Generator’s options for proper disposition of such material. 2908 2885 If Hazardous Waste is found in a Collection Container or Collection area that could 2909 2886 possibly result in imminent danger to people or property, the Contractor shall 2910 2887 immediately notify the Agency’s Fire Department using the nine-one-one (911) 2911 2888 emergency telephone number. The Contractor shall notify the Agency of any 2912 2889 Hazardous Waste identified in Containers or left at any Premises within twenty-four 2913 2890 (24) hours of identification of such material. 2914 2891 C. Response to Hazardous Waste Identified at Designated Transfer and 2915 2892 Processing Facility. Contractor shall not knowingly deliver Unpermitted Material to 2916 2893 the Designated Transfer and Processing Facility. The Operator shall use reasonable 2917 2894 business efforts and standard industry practices to detect and discover Unpermitted 2918 2895 Material at the facility and shall not knowingly accept Unpermitted Material. In the 2919 2896 event that Unpermitted Material is delivered to the Designated Transfer and 2920 2897 Processing Facility, the Operator shall be entitled to pursue whatever remedies, if 2921 2898 any, it may have against the Generator or Person(s) bringing such Unpermitted 2922 2899 Material to the Designated Transfer and Processing Facility provided that in no case 2923 2900 shall the Agency be considered the Person bringing such Unpermitted Material to the 2924 2901 Designated Transfer and Processing Facility. 2925 2902 Contractor acknowledges that in the event the operator identifies Unpermitted 2926 2903 Materials in the materials delivered by Contractor before the materials are unloaded 2927 2904 at the facility, the Operator has the right to reject the load and direct the Contractor to 2928 2905 cause removal and Disposal of the Unpermitted Material in a safe and lawful manner, 2929 2906 at the sole expense of the Contractor. If the Unpermitted Materials are delivered to 2930 2907 the Designated Transfer and Processing Facility by Contractor and unloaded at the 2908 facility before their presence is detected, and the Generator cannot be identified or 2909 fails to remove the material after being requested to do so, the Contractor shall 2910 arrange for and/or pay for its proper Disposal. Contractor shall make reasonable 2911 efforts to identify and notify the Generator. The Contractor shall make a good faith 2912 effort to recover the cost of any transportation and Disposal from the Generator, and 2913 the cost of this effort, as well as the cost of Disposal shall be chargeable to the 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 2937 2938 2939 2940 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2953 2954 2955 2956 2957 2958 2959 2960 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2975 2976 facility before their presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for and/or pay for its proper Disposal. Contractor shall make reasonable efforts to identify and notify the Generator. The Contractor shall make a good faith effort to recover the cost of any transportation and Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator, if appropriate documentation, as deemed necessary by the Agency, is provided to the Agency within five (5) Business Days of the occurrence. In the event Contractor delivers Unpermitted Materials on a frequent or continuous basis to the Designated Transfer and Processing Facility and the Contractor refuses to provide for the proper handling and disposition of such Unpermitted Material, the Operator may provide written notice to Agency of such refusal by Contractor.
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Samples: Franchise Agreement