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2931 Unpermitted Material at the facility and shall not knowingly accept Unpermitted 2932 Material. In the event that Unpermitted Material is delivered to the Designated 2933 Transfer and Processing Facility, the Operator shall be entitled to pursue whatever 2934 remedies, if any, it may have against the Generator or Person(s) bringing such 2935 Unpermitted Material to the Designated Transfer and Processing Facility provided 2936 that in no case shall the Agency be considered the Person bringing such 2937 Unpermitted Material to the Designated Transfer and Processing Facility. 2938 Contractor acknowledges that in the event the operator identifies Unpermitted 2939 Materials in the materials delivered by Contractor before the materials are unloaded 2940 at the facility, the Operator has the right to reject the load and direct the Contractor 2941 to cause removal and Disposal of the Unpermitted Material in a safe and lawful 2942 manner, at the sole expense of the Contractor. If the Unpermitted Materials are 2943 delivered to the Designated Transfer and Processing Facility by Contractor and 2944 unloaded at the facility before their presence is detected, and the Generator cannot 2945 be identified or fails to remove the material after being requested to do so, the 2946 Contractor shall arrange for and/or pay for its proper Disposal. Contractor shall 2947 make reasonable efforts to identify and notify the Generator. The Contractor shall 2948 make a good faith effort to recover the cost of any transportation and Disposal from 2949 the Generator, and the cost of this effort, as well as the cost of Disposal shall be 2950 chargeable to the Generator, if appropriate documentation, as deemed necessary 2951 by the Agency, is provided to the Agency within five (5) Business Days of the 2952 occurrence. 2953 In the event Contractor delivers Unpermitted Materials on a frequent or continuous 2954 basis to the Designated Transfer and Processing Facility and the Contractor refuses 2955 to provide for the proper handling and disposition of such Unpermitted Material, the 2956 Operator may provide written notice to Agency of such refusal by Contractor. 2957 D. Reporting, Regulations, and Record Keeping. Contractor shall comply with 2958 emergency notification procedures required by Applicable Laws and regulatory 2959 requirements. Contractor shall notify all appropriate agencies, including the 2960 California Department of Toxic Substances Control and Local Emergency 2961 Response Providers and the National Response Center of reportable quantities of 2962 Hazardous Waste found or observed in Solid Waste, Targeted Recyclable 2963 Materials, Organic Materials, Electronic Waste, Universal Waste, and Construction 2964 and Demolition Debris anywhere within Service Area. In addition to other required 2965 notifications, if Contractor observes any substances which it or its employees 2966 reasonably believe or suspect to contain Hazardous Wastes unlawfully Disposed of 2967 or released on any Agency property, including storm drains, streets or other public 2968 rights of way, Contractor will immediately notify the Agency and SBWMA. 2969 All records required by regulations shall be maintained at the Contractor's Facility. 2970 These records shall include: waste manifests, waste inventories, waste 2971 characterization records, inspection records, incident reports, and training records. 2972 Contractor shall maintain records showing the types and quantities, if any, of 2973 Hazardous Waste found in Solid Waste, Targeted Recyclable Materials, and 2974 Organic Materials, which was inadvertently Collected from Customers within the 2975 Service Area, but diverted from landfilling. REV: 03-16-18 MI Page 71 of 126 ATTY/AGR.2018.054/Recology of San Mateo