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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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060623
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5/31/2023 4:21:30 PM
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5/31/2023 4:20:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/6/2023
DESTRUCT DATE
15Y
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The Contractor shall compensate the City for any costs incurred for response to any <br /> discharge, <br /> release, spill, or leakage of hazardous wastes occurring on City property as a result of <br /> Contractor's loading, packaging and/or transportation activities, unless such release is <br /> caused by the City's negligence or willful misconduct. <br /> The Contractor shall immediately notify the City's Program Manager by telephone <br /> should any accident or incident occur which results in any discharge, release, spill, or <br /> leakage which involves any wastes to be managed under this Agreement.The <br /> Contractor shall make all notifications and reporting to the appropriate regulatory or <br /> emergency response agencies as required under federal, state, and local laws and <br /> regulations in the event of a discharge, release, spill or leakage of hazardous wastes <br /> during transportation, storage or disposal of wastes to be managed under this <br /> Agreement. <br /> If requested by the City,the Contractor will furnish the City's Program Manager with a <br /> detailed written report describing any discharge, release, spill,or leakage of hazardous <br /> wastes during transportation, storage or disposal of wastes to be managed under this <br /> Agreement that required notification to the City or any federal state and local regulatory <br /> or emergency response agency. <br /> 7. Non-conformity of Waste <br /> Waste materials to be managed pursuant to this Agreement will be agreed upon in <br /> advance in writing by Contractor and the City,to the extent that the nature or chemical <br /> compositions of the materials to be handled are known to the City. At the time the City <br /> requests the services of Contractor,the City will provide a Waste Profile sheet or <br /> similar document("Waste Profile")to Contractor completely and accurately describing <br /> the waste materials and their characteristics, if known. The Contractor will have the <br /> right to reject any waste to be managed under this Agreement that does not materially <br /> conform to the list of wastes provided for each shipment by the City's Program <br /> Manager. In rejecting any waste,the Contractor will notify the City's Program Manager <br /> of the reason(s) for the non-conformity. The rejection of any item to be managed under <br /> this Agreement will not affect the acceptance by the Contractor of any other item to be <br /> managed under this Agreement. <br /> If the Contractor accepts a waste item but determines within fifteen (15)calendar days <br /> of receiving the waste that the waste is non-conforming, the Contractor will notify the <br /> City's Program Manager by telephone and, if requested by the City's Program Manager, <br /> in writing of such nonconformity. If the City is unable to verify or correct the non- <br /> conformity, the Contractor and the City will, in good faith, attempt to correct the <br /> nonconformity and provide for the appropriate management of the waste. Waste <br /> materials found to be nonconforming, if in the Contractor's possession, will be prepared <br /> for lawful transportation by Contractor and returned to City within thirty(30)days after <br /> rejection by Contractor, unless the parties agree to an alternative and lawful manner to <br /> dispose of the waste materials. In the event the Contractor and the City are unable to <br /> agree on an appropriate resolution of the non-conformity, or the Contractor is prohibited <br /> by law or TSDF permit from managing the non-conforming waste,the Contractor may <br />
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