Special Provisions Relating to Approval of Trucked-In Materials Contracts Sample Clauses

Special Provisions Relating to Approval of Trucked-In Materials Contracts. The Lessee acknowledges that, pursuant to the NPDES Permit, the Lessor, as owner of the Managed Assets, is responsible for meeting certain zinc limits with respect to the Plant Effluent discharged from th e Managed Assets. The Lessor xxxxx xx acknowledges that th e Trucked-In Materials received at the Incineration Facilities may constitute a significant source of zinc at the Managed Assets by virtue of the Incineration Process Filtrate. Therefore, as part of its submittal of any Trucked-In Materials contract under subsection (E) of this Section, the Lessee shall provide the Lessor w ith (1) a detailed summ ary of inform ation regarding the zinc concen trations of th e Trucked-In Materials to be delivered to the Incineration Facilities pursuant to such contract, which summary shall be based on available test data or other information from the supplier of such Trucked-In Materials, and (2) to the extent possible based on existing data and operating experience at the Incineration Facilities and Man aged Assets, its assessment of the estimated impact of such Trucked-In Materials on the ability of the Managed Assets to comply with the applicable zinc limits under th e NPD ES Perm it. It is understood that the Lessor m ay withhold its approval of Trucked-In Materials contracts under subsection (E) of this Section based on zinc concentrations or loadin gs only if (1) zinc concentrations or loadings in the Trucked-in Materials to be delivered under a proposed Trucked-In Materials contract are in excess of the normal range of zinc concentrations and loadings in typical water or wastewater treatment sludge from publicly owned treatment plants or from public water supply treatment plants, and (2) such zinc concentrations and loadings can reasonably be expected to materially and adversely affect the Lessor’s costs, rights or obligations under this Lease Agreem ent or the Service Contract or to materially diminish the capacity or capabilities of the Incineration Facilities or the M anaged Assets to be operated so as to meet Applicable Law. Prior to the Commencement Date, the Lessor and the Lessee, in conjunction with the Com pany, will compile the data from the zinc studies required under Section 9(A)(1) of the NPDES Permit and will develop and compile data regarding the range of zinc concentrations in wastewater treatm ent and w ater supply treatment sludges, in order to define and establish the "norm al range of zinc concentrations in typical water or wastewater trea...
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Related to Special Provisions Relating to Approval of Trucked-In Materials Contracts

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