Agmt24 Browning-Ferris Industries of California, Inc.

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REV: 08-28-24 LF and subject to the limitations and conditions contained in Contractor’s written notice of approval. Continuing Compliance. City has a continuing obligation to inform Contractor of any new information, or information not previously provided to Contractor by City, which may affect the acceptability of the waste by Contractor. Further, City shall comply with all Contractor requests for evidence of City’s continuing compliance with the terms of this Agreement and any Acceptable Waste Documentation including without limitation to the following: (a) providing new, updated Special Waste Profiles on the waste offered for transportation and disposal; (b) providing appropriate certification that the waste being offered for transportation and disposal is accurately reflected by the appropriate Special Waste Profile and (c) re-sampling the waste at City’s sole expense if reasonable cause exists as to its acceptability under the terms of this Agreement or any Acceptable Waste Documentation. Right of Refusal. City shall inspect all waste at the place(s) of collection and shall remove any and all Unacceptable Waste. Contractor has the right to refuse, or to reject after acceptance, any load(s) of waste(s) transported and/or delivered to the facility for any reason, including if Contractor believes (a) City has breached (or is breaching) any Applicable Laws or any of its representations, warranties, covenants or agreements in this Agreement or any Acceptable Waste Documentation; or (b) that the waste includes Unacceptable Waste. Contractor shall have the right to require City to prepare and execute a Special Waste Profile for all waste subject to this Agreement, including appropriate certifications that no waste will be offered for transportation and disposal that is not in full compliance with such certifications and the Special Waste Profile. Contractor has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its facility if the Contractor has reason to believe, in its sole discretion, that the waste: (1) emits excessive odors; (2) negatively impacts operations at the facility. Contractor shall have the right to inspect all vehicles and containers transporting or holding waste to be transported to and disposed of at any facility under this Agreement to determine whether the waste is Acceptable Waste pursuant to this Agreement and to ensure compliance with all Applicable Laws. Contractor’s exercise, or failure to exercise, its rights hereunder shall not operate to relieve City of its responsibilities or liabilities under this Agreement. Waste Accepted at Facility. City represents, warrants and covenants that all of City’s waste will be Acceptable Waste and will not contain any “Unacceptable Waste,” which for purposes of this Agreement means any: (a) hazardous materials, substances or wastes; radioactive materials or substances; biomedical, infectious, biohazardous toxic waste or substances; or any other pollutant, contaminant, or substance that is hazardous or threatening to human health, safety or the environment, in each as determined by Contractor or as defined or identified by applicable federal, state, provincial, tribal and local laws, permits, licenses, regulations, rules and orders regarding the same (collectively “Applicable Laws”); ATTY/AGR.2024.150/Browning-Ferris Industries of California, Inc. (Disposal of soils and mixed construction debris) (Page 12 of 13)