Agmt10 Recology San Mateo County

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• • 2677 as directed by Agency. Contractor's environmental technician shall be notified to 2678 handle the issue with the Generator. The Contractor's environmental technician 2679 shall be required to guide the Generator to safely containerizing the Hazardous 2680 Waste and shall explain the Generator's options for proper disposition of such 2681 material. 2682 If Hazardous Waste is found in a Collection Container or Collection area that could 2683 possibly result in imminent danger to people or property, the Contractor shall 2684 immediately notify the Agency's Fire Department using the nine - one -one (911) 2685 emergency telephone number. The Contractor shall notify the Agency of any 2686 Hazardous Waste identified in Containers or left at any Premises within twenty -four 2687 (24) hours of identification of such material. 2688 C. Response to Hazardous Waste Identified at Designated Transfer and 2689 Processing Facility. Contractor shall not knowingly deliver Unpermitted Material to 2690 the Designated Transfer and Processing Facility. The Operator shall use 2691 reasonable business efforts and standard industry practices to detect and discover 2692 Unpermitted Material at the facility and shall not knowingly accept Unpermitted 2693 Material. In the event that Unpermitted Material is delivered to the Designated 2694 Transfer and Processing Facility, the Operator shall be entitled to pursue whatever 2695 remedies, if any, it may have against the Generator or Person(s) bringing such 2696 Unpermitted Material to the Designated Transfer and Processing Facility provided 2697 that in no case shall the Agency be considered the Person bringing such 2698 Unpermitted Material to the Designated Transfer and Processing Facility. 2699 Contractor acknowledges that in the event the operator identifies Unpermitted 2700 Materials in the materials delivered by Contractor before the materials are unloaded 2701 at the facility, the Operator has the right to reject the load and direct the Contractor 2702 to cause removal and Disposal of the Unpermitted Material in a safe and lawful 2703 manner, at the sole expense of the Contractor. If the Unpermitted Materials are 2704 delivered to the Designated Transfer and Processing Facility by Contractor and 2705 unloaded at the facility before their presence is detected, and the Generator cannot 2706 be identified or fails to remove the material after being requested to do so, the 2707 Contractor shall arrange for and /or pay for its proper Disposal. Contractor shall 2708 make reasonable efforts to identify and notify the Generator. The Contractor shall 2709 make a good faith effort to recover the cost of any transportation and Disposal from 2710 the Generator, and the cost of this effort, as well as the cost of Disposal shall be 2711 chargeable to the Generator, if appropriate documentation, as deemed necessary 2712 by the Agency, is provided to the Agency within five (5) Business Days of the 2713 occurrence. 2714 In the event Contractor delivers Unpermitted Materials on a frequent or continuous 2715 basis to the Designated Transfer and Processing Facility and the Contractor refuses 2716 to provide for the proper handling and disposition of such Unpermitted Material, the 2717 Operator may provide written notice to Agency of such refusal by Contractor. 2718 D. Reporting, Regulations, and Record Keeping. Contractor shall comply with 2719 emergency notification procedures required by Applicable Laws and regulatory 2720 requirements. Contractor shall notify all appropriate agencies, including the 2721 California Department of Toxic Substances Control and Local Emergency 2722 Response Providers and the National Response Center of reportable quantities of Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 67 of 115