Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract Residuals Management Services as provided in subsection 7.25(C), if so elected by the City in its sole and absolute discretion within 30 days following such expiration or termination. SECTION 7.21. STORAGE AND TRANSPORTATION OF RESIDUALS. (A) On- Site Residuals Handling Obligations. The Company shall store, handle, load and transfer for shipment all Residuals in accordance with the requirements of Applicable Law. No vehicle containing Residuals loaded for storage or transport shall remain on the Site for more than eight hours, or overnight. The Company acknowledges that the primary purpose of this provision is to minimize odors. (B) Off-Site Storage and Stockpiling. Residuals shall not be stored or stockpiled Off-Site in any manner, and shall be transported directly from the Facilities to an Acceptable Disposal Site. (C) Transportation Operations. All transportation operations shall be conducted in accordance with Applicable Law by properly licensed haulers in a safe and reliable manner. The Company shall obtain a spill prevention and clean up plan for Residuals which is acceptable to the City. In the event of a spill or loss of Residuals during transfer or transit, the Company shall immediately arrange for the clean-up and proper disposal of the material, pay any resulting fines, assessments, penalties or damages resulting therefrom. SECTION 7.22. DISPOSAL OF RESIDUALS. (A) Acceptable Disposal Site. All Residuals shall be disposed of at an Acceptable Disposal Site. An "Acceptable Disposal Site," as used herein, means a lawful land application site, a sewage sludge incinerator, a municipal solid waste incinerator, a sanitary landfill or other lawfully authorized disposal facility for non- hazardous waste which: (1) is operated in accordance with Applicable Law; (2) is located in the United States; (3) does not appear on any federal or state list of sites, including the National Priority List, which list is maintained for the purpose of designating landfills or other sites which are reasonably expected to require remediation on account of the release or threat of release of Hazardous Materials; (4) if the Acceptable Disposal Site is a landfill, has fully funded, bonded or otherwise secured legally required reserves for closure and remediation according to available information; (5) is being operated at the time of disposal in accordance with Applicable Law, as evidenced by the absence of any regulatory sanctions or any significant enforcement actions with respect to material environmental matters; (6) has committed by written agreement of the owner or operator to receive Residuals originating at the Facilities; and (7) is not under any executive or judicial order or otherwise unreasonably subject to any law barring receipt of wastes similar to Residuals. (B) Designated Disposal Site and Disposal Subcontracts. The Acceptable Disposal Site at which Residuals are actually disposed of from time to time hereunder is referred to herein as the "Designated Disposal Site." The Company shall provide written notice to the City of the initial Designated Disposal Site and the site operator prior to the 52