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<br />April 1, 2025 8 City of Pleasanton/GreenWaste Recovery, LLC
<br />or categories of products, using one (1) or more funding mechanisms, as defined in the regulation(s) establishing the 275
<br />program. 276
<br />“Facility” means any plant(s) or site(s), Owned or leased, maintained, operated and/or used by Contractor for 277
<br />purposes of performing under this Agreement. 278
<br />“Federal” means belonging to or pertaining to the Federal government of the United States. 279
<br />“Franchise” means the right granted by the City to the Franchised Collector to provide Solid Waste, Recyclable 280
<br />Materials, and Organic Materials Collection services within the City and Transportation of and Deliver y of the 281
<br />Recyclable Materials to a Facility selected by the City in accordance with the terms and conditions of the Franchise 282
<br />Agreement between the City and the Franchised Collector. 283
<br />“Franchised Collector” means Pleasanton Garbage Service, Inc. or PGS, which entered into an exclusive franchise 284
<br />agreement with the City , entitled “Agreement between the City of Pleasanton and Pleasanton Garbage Service, Inc. 285
<br />for Solid Waste, Recyclable Materials, and Organic Materials Services,” dated ______________. 286
<br />“Generator” means any Person that generates or produces Recyclable Materials, or whose act first causes Recyclable 287
<br />Materials to become subject to regulation. 288
<br />“Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by 289
<br />reference) as "Hazardous Substances," "hazardous materials," "Hazardous Wastes," "toxic waste," "pollutant," "toxic 290
<br />substances," or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the 291
<br />Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. 292
<br />(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and 293
<br />Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety 294
<br />Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California 295
<br />Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated 296
<br />statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, 297
<br />chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable Federal, State 298
<br />or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, 299
<br />polychlorinated biphenyl’s ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products. 300
<br />“Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely 301
<br />Hazardous Waste by the State of California in Health and Safety Code Sections 25117, 25110.02, and 25115, or in 302
<br />the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the 303
<br />U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC 304
<br />Section 6901, et seq.), all future amendments thereto and all rules and regulations promulgated thereunder. 305
<br />“Holidays” are defined as New Year’s Day and Christmas Day. 306
<br />“Infectious Waste” means medical or biomedical waste generated at hospitals, public or private medical clinics, 307
<br />dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and 308
<br />other similar establishments that are identified in Health and Safety Code Section 25117.5. 309
<br />“Liquidated Damages” means the amounts agreed upon by Contractor and City as fair and reasonable damages for 310
<br />Contractor’s failure to meet specific quantifiable standards of performance as described in Section 11.9 and Exhibit 311
<br />B. 312
<br />“Load ” means the payload contents of a Collection vehicle or Transfer Vehicle measured in Tons. 313
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