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6.3A <br /> Page 22 <br /> 1 Contractor shall not agree to permit terms and conditions on any permit which is to be <br /> 2 issued in the name of the Authority without the prior written consent of the Authority. <br /> 3 Contractor shall provide copies of all permits issued in Contractor's name and originals <br /> 4 of all permits issued in the Authority's name (and any renewals or amendments) to the <br /> 5 Authority promptly and in any case within five (5) working days of their receipt. il <br /> 6 C. The Contractor will notify the Authority of all changes in permit status, involvement by <br /> 7 other regulatory agencies, accidents, and operational changes that reasonably could <br /> 8 materially affect operations at, or the movement of materials into/out of, the Shoreway <br /> 9 Center. Contractor shall comply with the terms of all licenses, permits and approvals <br /> 10 governing the Shoreway Center, including any which may require modifications to its <br /> 11 operating procedures. Contractor will comply with the terms and conditions contained <br /> 12 in the use permit and any and all other entitlements (and any and all amendments <br /> 13 thereto) issued by the City of San Carlos for the Shoreway Center. <br /> 14 D. Contractor shall be solely responsible for paying, and shall pay, any fines or penalties <br /> 15 imposed by governmental agencies for Contractor's noncompliance with permit terms. <br /> 16 5.07 HAZARDDUS WASTE EXCLUSION PROGRAM <br /> 17 A. Contractor shall develop, maintain, update implement and cornply with a hazardous <br /> 18 waste exclusion program plan (HWEP), the requirements of which are described in <br /> 19 Attachment 7. Should additional measures be required to be incorporated into the <br /> 20 HWEP to comply with changes in law or regulations, Contractor shall incorporate, <br /> 21 implement and comply with such additional measures. Contractor shall arrange for the <br /> 22 safe and lawful temporary storage and disposal of such waste in an appropriate Iocation <br /> 23 separate from the U-waste and E-waste materials collected at the Buyback / Drop-off <br /> 24 center. <br /> 25 As a part of the HWEP, the Contractor shall inspect outbound loads of materials that <br /> 26 are transported to the Designated Disposal Site or to Designated Processing Facilities. <br /> 27 If the Disposal Site or a Processing Facility rejects a load because it contains materials <br /> 28 that should have been removed under the HWEP, the Contractor shall notify the <br /> 29 Authority immediately and manage the disposal of the load in a safe and lawful manner, <br /> 30 at its sole expense. <br /> 31 B. Contractor shall remove and arrange for proper, safe and lawful disposal of CFCs and <br /> 32 compressor oils from appfiances delivered to the Shoreway Center, as well as switches <br /> 33 containing mercury. Contractor shall arrange and pay for the proper, safe and lawful <br /> 34 disposal of hazardous wastes that are recovered from the inspection and/or the <br /> 35 processing of incoming loads to the Transfer Station and MRF and fo� the Recycling of <br /> 36 White Goods whenever feasible. <br /> 37 5.08 HAZARDOUS MATERIALS GENERATED FROM CONTRACTOR'S OPERATIONS <br /> 38 The Contractor shall be responsible for, and shall pay, all costs of transporting, treating <br /> 39 and/or disposing of any hazardous materials generated by the Contractor's operations at <br /> 40 the Shoreway Center. Contractor shall ensure that all hazardous materials and wastes are <br /> 41 properly stored on site. Cleanup costs for any on-site contamination that is the result of the <br /> 42 Contractor's activities shalf be the sole responsibility of, and shall be paid in full by, the <br /> 43 Contractor. <br /> Operaling Agreement for Shoreway Center <br /> Page - 13 - 7/30/09 <br />