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July 2024 Page 20 City of San Leandro Post Collection 5.2.2 Rejection of Unpermitted Waste 745 A. Inspection. Contractor and each of its Subcontractors shall use standard industry practices to detect 746 and reject Unpermitted Waste in a uniform and non-discriminatory manner and shall not knowingly 747 Accept Unpermitted Waste at the Approved Facility(ies). Contractor and each of its Subcontractors 748 shall comply with the inspection procedure contained in its permit requirements and in accordance 749 with its operations plan. Contractor and each of its Subcontractors shall promptly modify that 750 procedure to reflect any changes in permits or Applicable Law. 751 Contractor and each of its Subcontractors shall develop a load inspection program that includes the 752 following components: (i) personnel and training; (ii) load checking activities; (iii) management of 753 Unpermitted Waste; and, (iv) record keeping and emergency procedures. Contractor’s and each of 754 its Subcontractors’ load checking personnel shall be trained in: (i) the effects of Hazardous 755 Substances on human health and the environment; (ii) identification of prohibited materials; and, 756 (iii) emergency notification and response procedures. 757 B. Remedies for Rejected Materials. If Contractor or any of its Subcontractors identifies Unpermitted 758 Waste delivered to the Approved Facility(ies) by Collection Contractor or other Person(s), 759 Contractor or such Subcontractor may reject the Unpermitted Waste and require the Person(s) 760 bringing such Unpermitted Waste to the Approved Facility(ies) to remove it. The cost of removal 761 and proper handling and Disposal shall be the responsibility of such Person(s) delivering 762 Unpermitted Waste. Contractor and such Subcontractor shall also be entitled to pursue whatever 763 remedies, if any, it may have against Person(s) bringing that Unpermitted Waste to the Approved 764 Facility(ies). 765 Should Contractor or any of its Subcontractors inadvertently Accept in a lawful manner Unpermitted 766 Waste, Contractor or such Subcontractor shall bear all responsibility for handling, Transporting, and 767 Processing or Disposing of such material in accordance with Applicable Law. Contractor or such 768 Subcontractor shall be solely responsible for making arrangements for the final Disposition of 769 Accepted Unpermitted Waste and all costs thereof. 770 C. Notification. If the Contractor or any Subcontractor rejects Unpermitted Waste delivered by the 771 Collection Contractor, Contractor or such Subcontractor shall immediately notify the City verbally 772 and then follow verbal notifications with a written notice identifying the date and time of 773 occurrence, material type, material weight or volume, characterization of material, the Contractor’s 774 or Subcontractor’s reason for rejection of the delivered material, photographs of the material, and 775 the identification number or information of the vehicle that Delivered the material. 776 D. Quarantined Waste. If approved by the City Contract Manager, Contractor or any Subcontractor 777 may Dispose of, rather than Process, specific types of Organic Materials that are subject to 778 quarantine and that meet the requirements described in 14 CCR Section 18984.13(d), for a period 779 of time specified by the City Contract Manager or until the City provides notice that the quarantine 780 has been removed. In accordance with Exhibit D, the Contractor and each of its Subcontractors shall 781 maintain records and submit reports regarding compliance agreements for quarantined Organic 782 Materials that are Disposed of pursuant to this subsection. 783 5.2.3 Prohibited Container Contaminants Monitoring 784 A. General. Contractor shall actively work with the Collection Contractor throughout the Term of this 785 Agreement to monitor the levels of Prohibited Container Contaminants in City Delivered Materials 786 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B