Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract disposal of Hazardous Residuals, shall comply with the Hazardous Material Detection Requirements set forth in this section provided conditions of the IPP have been met. (B) Detection, Notification. Reporting and Disposal. The Company will exercise due diligence in monitoring for conditions that may indicate the presence of a hazardous material. This will include at a minimum testing and monitoring of the plant processes in accordance with the TPDES permit requirements, all applicable wastewater treatment facility residual material regulations, and any additional requirements under Applicable Law. The costs for this due diligence are included in the Base Fee. Additionally, the Company will evaluate reports from the City Industrial Pretreatment Division to assess hazardous material potential in the Influent. However this will not require additional testing under the terms of this Service Contract. If observations, testing analysis results, self-reports or other evidence indicates that hazardous material is present in the collection system or the Facilities, the Company may request the City to authorize additional testing to determine the type and concentration of pollutants to confrrm the actual conditions. The City may authorize such testing and if so, will bear the cost of the testing. The City at its sole discretion may direct the Company to perform testing at City expense. However, the cost of analysis, related to accelerated toxicity testing related to the TPDES permit requirements remains the responsibility of the Company. In the event Hazardous Pollutant Levels in Wastewater Residuals are identified at equal to or greater than the levels specified in 40 CFR 261.24, Table I, as cited in Section 1.B.1. of TPDES Permit No. WQOO10273002, referenced in Appendix 2, whether On-Site or Off-Site, the Company, after first notifying the City, shall be responsible for fulfilling all notification and reporting requirements established by Applicable Law and shall prepare a memorandum evidencing such notification and reporting and provide copies thereof to the City, along with any documents provided to the relevant Governmental Body regarding such Hazardous Residuals. The Company shall transport and dispose of any Hazardous Residuals so identified to a lawfully permitted and operated disposal site approved by both parties, which approval shall not unreasonably be withheld. The City shall have the right to witness and to document any action taken by the Company with respect to Hazardous Residuals. If the Company identifies any Hazardous Residuals and lawfully disposes of such Hazardous Residuals, and thereafter the disposal site becomes a site requiring remediation under CERCLA, any costs associated with any such remediation to be borne on account of the disposal of such Hazardous Residuals shall be borne by the Company to the extent allowable under CERCLA and associated regulations, unless the Company demonstrates that it complied with the Hazardous Materials Detection requirements described in this section, in which case such costs shall be bome by the City. (C) On-Site Remediation and Off-Site Disposal. The Company in cooperation with the City's IPP Program shall identify the source of any material that caused Residuals to 54