SOLID WASTE AND RECYCLABLES

COLLECTION, TRANSPORTATION AND DISPOSAL

FOR THE TOWN OF DANVILLE, NEW HAMPSHIRE

 

 

This Agreement made and entered into this __ day of November, 2008 by and between the Town of Danville, organized under the laws of the State of New Hampshire (hereinafter referred to as the “Town”) and Waste Management of New Hampshire, Inc., a corporation organized under the laws of the State of Connecticut and having a place of business at 4 Liberty Lane West, Hampton, New Hampshire 03842, (hereinafter referred to as the “Contractor”). 

 

WITNESSETH:

 

Whereas, the Town desires to hire the Contractor to provide residential collection and transportation of Municipal Solid Waste (“MSW”) and Recyclables, within the boundaries of the Town.

 

Now, therefore, in consideration contained herein, the Town and the Contractor hereby agree as follows:

 

Section 1. Definitions

 

A        Municipal Solid Waste ("MSW"):  Non-baled solid waste normally disposed of by households and small businesses in the State of New Hampshire not including, Bulky Waste, Construction and Demolition Debris, Yard Waste, Cathode Ray Tubes, and White Goods; as defined herein, and not containing any Hazardous Waste.

B       Recyclable Materials: Mixed Paper, to include but not be limited to, newspapers, magazines, paperboard, phone books, junk-mail, corrugated cardboard (flattened); Containers including, glass bottles, metal cans (aluminum, bi-metal and tin), spray cans (non-hazardous contents), #1 through #7 plastic food and beverage containers (excluding styrofoam) or other such materials as the parties may agree to in writing.

C       Bulky Waste:  A large item or bundle, other than commercial construction and demolition debris, hazardous waste, White Goods or CRT’s, which cannot fit into a container or bag. Items to include shall include, but not limited to; Tables, Chairs, Couches, Beds, Mattresses, Bedsprings and is acceptable at the MSW Disposal site.  

D       Construction and Demolition Debris:  Bulky Waste Building Materials resulting from the process of construction, remodeling, repair, and demolition activities.

E       White Goods:  Any large metal items, which cannot fit into a container or bag. Items to include but not limited to are: dishwashers, washing machines, stoves, dryers or any appliance that contains Freon (refrigerators, air conditioners, freezers, dehumidifiers).

F        Cathode Ray Tube (CRT’s):  Any glass tube used to provide the visual display in televisions and computer monitors as defined by the State of New Hampshire’s Hazardous Waste Rules ENV-WM 1101, “Universal Wastes”.

G       Yard Waste:  Consisting of, but not limited to; leaves, grass, pine needles, logs, or brush.

H       Residential Unit:  A dwelling unit such as a home, trailer, condominium, or townhouse dwelling.  For the purposes of this Agreement, Residential Unit shall include only those residential locations identified by the Town that are to be serviced under this Agreement.

I           Approved Resident User:  Any occupant of a Residential Unit such as owner, renter or Lessee.

J         Cart:  A plastic container not exceeding 96 gallons or 65 gallons in capacity to be used for the storage and setout of MSW at residential units.

K       Disposal Site:  A facility operated by the Contractor or its affiliate that will receive and dispose of solid waste and is legally empowered to accept same.

L        Material Recovery Facility (“MRF”):  Location to be maintained by the Contractor for the purpose of sorting and preparing Recyclable Materials for market.

M       Recycling Container (“Bin”):  A traditional eighteen (18) gallon receptacle (or similar) or a commercially available barrel with two handles not to exceed 36 gallons in capacity designed to store household generated recyclables. Bins and barrels must be commercially manufactured and suitable to withstand the weather and regular recycling activities.

 

N    Hazardous or Unacceptable Waste:  See Exhibit A attached hereto.

 

Section 2.  Term of Agreement

 

The term of this Agreement shall be for a period of three (3) years from January 1, 2009 to and including December 31, 2011. The Town may choose to further extend this Agreement for up to two years for a total maximum contract term of five years. Contractor shall notify the Town on or about July 1, 2011 of the impending expiration for the purpose of allowing the Town to evaluate its option to extend the Agreement. This Agreement’s renewal is contingent upon funding as appropriated at the Annual Town Meeting.

 

Section 3.  Scope of Services

 

MSW Collection:

The Contractor shall be responsible for the collection, transportation and disposal of all Approved Residential Units non-hazardous waste generated within the Town. Collection shall be in accordance with customary MSW collection practices. All MSW shall be in (64) gallon or (96) gallon wheeled carts provided by the Contractor designed for automated lifting. The Contractor is required to collect only MSW that is contained in the wheeled cart provided. Residents shall be required to set the cart within 4’ of the edge of the roadway in a location accessible to the collection vehicle.

The Contractor is responsible for the distribution of wheeled carts to each new Residential Unit. Residents who elect to change cart size after initial distribution will be responsible for a $50.00 exchange fee to be paid in advance of delivery.

 

 

The Contractor shall be responsible for the provision of containers and collection of MSW and Recyclable Materials from the following municipal locations:

 

Town Hall – 10 cubic yard container

Fire Station – 8 cubic yard container

4 Seasons Campground – 10 cubic yard and 8 cubic yard container

 

Containers will be collected weekly unless otherwise directed by Town and will be billed according to fee schedule contained in Section 4.

 

Bulky Waste and Appliance Collection:

The contractor shall perform Bulky Waste/Appliance Collection Services in the Town on a schedule as determined by the Town and agreed to by the Contractor. The acceptable materials to include are Bulky Waste, White Goods (Appliances), Cathode Ray Tubes, and prepared Construction and Demolition, as defined herein. The Approved Resident User must call five (5) days in advance of any scheduled Bulky Waste Collection to schedule and pre-pay the contractor for the collection of White Goods and CRT’s. The Contractor shall not be responsible to collect materials that are not properly prepared for collection, i.e. piles of construction and demolition debris, broken CRT’s, refrigerators with doors attached, and items that are too large or exceed weight limitations.

 

The Town may increase or decrease the annual schedule of collections at the beginning of each contract year subject to the fees specified in section 4.

 

Disposal of MSW:

Contractor shall transport MSW for disposal to the Waste Management Turnkey Recycling and Environmental Enterprises facility located in Rochester, New Hampshire or a fully permitted alternate disposal facility of the contractor’s choice. Contractor will take title to any and all acceptable MSW upon pick-up and will be responsible for the disposition of such acceptable MSW to the location specified above. Contractor shall not mix any other community’s MSW with that of the Town of Danville, New Hampshire. Town shall pay all tipping fees for disposal of MSW in accordance with this Agreement.

Recycling Collection:

The Contractor shall perform Single Stream Recycling Collection Services in the Town on a bi-weekly schedule. Recyclables shall be collected on the same day as trash collection services for each designated residential unit on an every other week basis. The Contractor shall collect and remove all Recyclables which are segregated and placed in or adjacent to the Bin or Barrel, to be provided by the Resident, at all Approved Residential Units or from some other specifically defined location as agreed to and designated by the parties. The Contractor shall also provide Recyclables Collection Services for Town Hall, Fire Station and 4 Seasons Campground if requested. The Contractor will place a sticker on any unacceptable materials contained in the Bin explaining why the material is unacceptable. The Contractor will not collect the unacceptable item(s) until the deficiency is corrected.  The Contractor shall not commingle Recyclables with MSW except in an emergency situation and with the concurrence of the Danville Board of Selectmen. 

 

Marketing of Recyclables:

The contractor shall be responsible to market for sale any recyclables collected hereunder including the cost for processing and delivery to end markets. Any revenues from the sale of said recyclables shall remain the property of the contractor except as provided in Section 4.

Replacement Recycling Bins:

Residents will be instructed to provide barrels of up to 36 gallons in capacity to replace any 18-gallon recycling bins that are no longer useable.

 

Cart & Bin Repair / Replacement:

 

The Contractor shall be responsible to repair and or replace any 96-gallon or 64-gallon carts that are damaged as a result of normal collection activities. Residents will be instructed to contact the Contractor’s customer service department to request service to their cart. New approved Residential Units will be entitled to receive one 96-gallon or 64-gallon cart upon occupancy. Contractor shall not be responsible for repair or replacement of carts damaged through negligence of residential users.  

 

Miscellaneous:

 

Town agrees to instruct its residents that all items to be collected shall be placed curbside on approved collection routes by 7:00 am on the collection day.

 

The Town agrees that with advanced notification to the residents, the contractor may modify the collection routes so long as each residential unit receives weekly MSW collection service and biweekly recycling collection service.

 

The Contractor shall assist the Town with preparing and printing recycling guidelines, and collection schedules on an annual basis. The Town shall be responsible for any postage to mail or alternate delivery of the guidelines.

 

Section 4.  Compensation

 

The Town agrees to make monthly payments to the Contractor for the above-referenced services at the rates as specified below.

 

January 1, 2009 to December 31, 2009

 

 

Service Provided

Unit Price

Curbside MSW Collection Per Cart

$  6.61 per cart per month

MSW Disposal

$78.00 per ton

10 yd container pickup

$62.31 per pickup

8 yd container pickup

$51.93 per pickup

Curbside Recycling

$  2.42 per unit per month

Bulk Waste Collection (Per Collection)

Four - $2,580/ea; Three - $2,833.33/ea Two -  $3,400/ea; One - $6,800/ea

Bulk Waste Disposal

$78.00 per ton

 

New Approved Residences and Second Cart Requests

 

Upon request of the Town any new residential units may be added to the collection program. The Town will supply contractor in writing a request with the specific address and date a new residence is to be added. Any new units will be added to the Towns invoice effective the first full month following delivery of cart to new residence. In addition, the Town may also request an existing residence receive a second cart for solid waste. Any second carts will be added at the Curbside MSW Collection rate. The Contractor will work cooperatively with the Town to ensure only approved second carts are collected should the Town institute a service fee program whereby residents reimburse the Town for the second cart.

 

Appliance Collection Rates (Billed Directly to Approved Resident Users)

 

Appliances Containing Freon  -  $50.00 each

Appliances Without Freon       -  $25.00 each

Cathode Ray Tube Items        -  $50.00 each

 

Rate Adjustments

 

All fees shall increase by 3% per year for each subsequent year of the agreement following year one. Adjustments will take place on January 1 each year.

 

Fuel Cost Adjustments

 

The fees provided consider the current cost of fuel. Waste Management will institute a fuel adjustment procedure to consider the fluctuations in the price of fuel as outlined below.

 

The adjustment is to be based on the increase or decrease of diesel fuel cost, as measured by the U.S. Department of Energy, Energy Information Administration, (website http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp) for the New England region, from the established baseline cost of $4.12) per gallon (including taxes) of diesel fuel. The increase or decrease, as determined above, will be applied to the volume of fuel used which will be fixed at 600 gallons per month. Adjustments will be made bi-annually on January 1 and July 1, based on the cost of diesel for the six-month period prior to the adjustment date (July 08 – December 08 for the January 09 adjustment).

 

Adjustment Example:             Fuel Price (7/08 – 12/08)                    = $4.02 per Gal

                                                Established Baseline Fuel price         = $4.12 per Gal

                                                % increase / (decrease)                     =($0.10) per gal

                                                Fuel Adjustment ($0.10 x 600)            = ($60.00) per month

                                               

In the above example the Town would receive a credit of $60.00 per month.

 

Revenue Sharing for Sale of Paper

 

Waste Management will rebate to the Town proceeds from the marketing of recycled paper collected under the contract. The rebate will fluctuate with the market price for paper. The market price will be determined by the “Official Board Market Yellow Sheet”, which is a periodical that tracks processed baled paper prices. Since we need to process and bale the paper, the rebate will be determined by subtracting a $30.00 per ton processing cost from the low Yellow Sheet price for New England #6 news. Waste Management will then return to the Town 50% of that residual value. The rebate amount will be applied as a credit against the monthly invoice for service.

 

 

Section 5.  Time of Collection

 

Curbside collection of MSW and Recyclables shall be made no earlier than 7:00 a.m. on the scheduled collection day.  The Contractor will collect the MSW placed in the cart at the curbside or other specifically detailed location once each week and recyclables will be collected biweekly.  Collections will not be made on the following observed holidays:

 

New Year’s Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

 

The Contractor shall postpone collections that would normally occur on such holidays for one (1) day.

 

Section 6.  Collection Equipment

 

One collection truck shall be designated for the collection of residential MSW and one collection truck for residential Recyclables.  The Contractor shall provide an adequate number of vehicles for regular collection services.  The vehicles shall be kept in good repair, appearance, and in a sanitary condition at all times.  Each vehicle shall have clearly visible on each side, the name and phone number of the Contractor.

Section 7  Litter

 

All MSW and Recyclables hauled by the Contractor shall be so contained, tied, or enclosed such that leaking, spilling, or blowing are prevented.  In the event of any spillage, the Contractor shall immediately clean up the litter.

 

Section 8.  Title to Waste

 

Title to all MSW and Recyclables, excluding Hazardous Material, shall be vested in the Contractor upon being placed in his vehicle.  Title to all Hazardous Material remains with the Town or Approved Resident User tendering the Hazardous Material. No Hazardous Material will be collected by the Contractor.

 

Section 9.  Disposal and Marketing

 

All MSW and Recyclables shall be hauled to a site or facility designated by the Contractor that is legally empowered to accept the waste for treatement or disposal or recycling in accordance with all applicable federal, state and local regulations.

 

Section 10.  Permits and Licenses

 

The Contractor, at its sole cost and expense, shall maintain throughout the term of this Agreement, all permits, licenses and approvals necessary or required for the Contractor to perform the work and services described herein, including but not limited to the operation of the Processing Center.

 

Section 11.  Independent Contractor

 

The Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the Town.  The Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between the Town and the Contractor.  No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the Town, and no such person shall be entitled to any of the benefits available or granted to employees of the Town.

 

Section 12.  Routes and Schedules

 

The Contractor shall provide the Town with schedules of residential collection routes and keep such information current at all times.  It shall be the Residents’ responsibilities to place the MSW and Recyclables at the appropriate location for collection before the approved starting hour.  In the event of changes in routes or schedules that will alter the day of pickup, the Contractor shall so notify each Resident by mail or hand delivery not less than two (2) weeks prior to the change, only after approval by the Town. It shall also provide such information to the Town by the 15th of the month to be published on the Towns web site.

 

The Contractor shall collect MSW and Recyclable Materials from all Approved Resident Users on the scheduled collection day. In the event there is a missed pick-up, the Contractor shall collect the MSW or Recyclable Material within twenty-four hours from the time of notice during normal business hours. All calls relating to missed pickups shall be logged by the Contractor and such Log shall be available for inspection by the Town.

 

The Contractor shall not be responsible to provide the authorized collection services should there be significant delays due to acts of God, unusual weather conditions, highway reconstruction, holidays, weekends, floods, fires, acts of terrorism, Force Majeure, or any other unforeseen circumstance that is not in control of the Contractor. In the event of an authorized collection delay, an alternate day of collection will be provided.

 

Section 13.  Non-Assignment

 

Neither the Contractor nor the Town shall assign, transfer, convey or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder or any part thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld.

 

Section 14.  Compliance with Laws and Regulations

 

Contractor will comply with any and all federal, state, and local laws and regulations now in effect, or hereafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein.

                                         

Section 15.  Unusual Changes or Costs

 

The Contractor may petition the Town for rate adjustments at reasonable times on the basis of unusual changes in his cost of doing business, such as revised laws, ordinances or regulations.  If the contractor applies for an increase, the contractor must provide a 60-day written notice of that increase, to the Town. If both parties do not agree to a negotiated amount then the issue shall be resolved through an arbitrator.

 

Section 16.  Contractor’s Personnel

 

A.      The Contractor shall assign a qualified person or persons to be in charge of operations in the Town and shall give the name or names to the Town.

B.     The Contractor’s collection employees shall wear a clean uniform bearing the Contractor’s name and conduct themselves in a professional manner at all times and adhere to the Contractors Rules and Regulations.

C.     Each employee shall, at all times, carry a valid operator’s license for the type of vehicle they are driving.

D.     The Town may request the dismissal of any employee of the Contractor who violates any provision hereof, or who is wanton, negligent, or discourteous in the performance of his duties.

E.     The Contractor shall provide operating and safety training for all personnel.  Each vehicle shall be equipped with a first aid kit and a communication device.

F.      The Contractor for reasons of race, creed or religion shall deny no person employment.

 

 

Section 17.  Indemnity

 

The Contractor shall indemnify and hold harmless the Town and its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney’s fees attributable to bodily injury, sickness, disease or death, or destruction to tangible property including the loss of use resulting therefrom, to the extent caused by the negligent act or omission of the Contractor or its representatives or employees.

 

The Town shall indemnify and hold harmless the Contractor and its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney’s fees attributable to bodily injury, sickness, disease or death, or destruction to tangible property including the loss of use resulting therefrom, to the extent caused by the negligent act or omission of the Town or its representatives or employees.

 

Section 18.  Insurance and Bonds

 

The Contractor shall obtain and maintain Insurance in the name of “Town of Danville” as additionally insured, throughout the term of this Agreement, at the Contractor’s sole cost and expense, not less than the insurance coverage set forth below:

 

Coverage’s                                          Limits of Liability

 

Worker's Compensation                     Statutory

Employer's Liability                             $3,000,000

Personal/Bodily Injury Liability $5,000,000      Combined Single Limit

Property Damage Liability                   $5,000,000      Combined Single Limit

Automobile Bodily Injury                      $10,000,000    Combined Single Limit

Automobile Property Damage            $10,000,000    Combined Single Limit

 

Coverage includes all owned, non-owned, leased and hired automobiles.

 

The Contractor shall annually post a Performance Bond in an amount equal to one-tenth of the annual contract amount. The parties agree the bond for the first year of the Agreement shall be $33,000.00. Bond shall be submitted to Town by November 1st each year.

 

Section 19.  Notices

 

All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the parties as follows:

 

To the Town:                           Town of Danville, NH

                                                210 Main Street, PO Box 11

                                                Danville, NH   03819

                                                Attn: Board of Selectmen

 

To the Contractor:                   Waste Management of New Hampshire, Inc.

                                                4 Liberty Lane West

                                                Hampton, NH  03842

                                                Attn: Public Sector Services Manager

                        And:                 Attn: General Counsel

 

or to such other address as the parties may designate in writing.

 

Section 20.  Point of Contact

 

All dealings, contact etc. between the parties shall be directed by the Contractor to the Town or Town’s designee.

 

Section 21.  Waiver

 

A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or any other provision.

 

Section 22.  Titles of Sections

 

Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding upon the parties.

 

Section 23.  Amendment

 

This Agreement may be modified or amended only by a written consent duly executed by the parties hereto or their representatives.

 

Section 24.  Severability

 

The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement, shall not affect the validity of the remaining portion of this Agreement so long as the material purposes of this Agreement can be determined and effectuated.

 

Section 25.  Number of Copies

 

This Agreement may be executed in any number of counterparts, all of which shall have full force and effect of an original for all purposes.

 

Section 26.  Bankruptcy

 

It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the day and at the time the bankruptcy petition is filed.

 

Section 27.  Arbitration

 

Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Such controversy or claim shall be submitted to one arbitrator selected by the Town, one arbitrator selected by the Contractor. The two arbitrators appointed by the parties may then select a third arbitrator to resolve any claim or controversy.

 

 

Section 28.  Termination

 

A.      In the event the Contractor materially defaults in the performance of any of the material covenants or Agreements to be kept, done or performed by it under the terms of this Agreement, Town shall notify the Contractor in writing of the nature of such default.  Within thirty (30) days following such notice:

 

  1. The Contractor shall correct the default: or
  2. In the event of a default not capable of being corrected within thirty (30) days, the Contractor shall commence correcting the default within thirty (30) days of Town’s notification thereof, and thereafter correct the default with due diligence.

 

B.     If the Contractor fails to correct the default as provided above, Town, without further notice, shall have all of the following rights and remedies which Town may exercise singly or in combination:

 

  1. The right to declare that this Agreement together with all rights granted the Contractor hereunder are terminated, effective upon such date and the Town shall designate; and
  2. The right to license others to perform the services otherwise to be performed by the Contractor, or to perform such services itself. All cost for said services to be born by the Contractor.

 

Section 29.  Successors and Assigns

 

No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or in part by the Contractor without the express written consent of the Town; in the event of any assignment, the assignee shall assume the liability of the Contractor.

 

Section 30.  Entirety

 

This Agreement and any Exhibits attached hereto contain the entire Agreement between the parties hereto as to matters contained herein.  Any oral representatives or modifications concerning this Agreement shall be of no force and effect.

 

 


 

 

SOLID WASTE AND RECYCLABLES

COLLECTION, TRANSPORTATION AND DISPOSAL

FOR THE TOWN OF DANVILLE, NEW HAMPSHIRE

 

 

 

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first hereinbelow written.

 

Town of Danville, NH, a municipal corporation

 

Board of Selectmen

 

 

________________________________                                            _______________

Shawn O’Neil, Chairman                                                                  Date

 

 

_____________________________

J. Russell Poulio

 

 

_____________________________

Robert Moore

 

 

________________________________

Joseph Luna

 

 

________________________________

Chris Giordano

 

 

 

Waste Management of New Hampshire, Inc.

 

 

_____________________________________________       _____________

Paul Pengeroth, General Manager, Duly Authorized                    Date
                                                        EXHIBIT A

 

 

 

A.                  "Hazardous Waste" means:

 

(1)               any material or substance which, by reason of its composition or characteristics, is;

 

(a)   toxic or hazardous waste, hazardous substance, hazardous material, or oil as defined in either the Solid Waste Disposal Act, 42 U.S.C. § 6900 et seq., as replaced, amended, expanded, or supplemented, the Resource Conservation and Recovery Act, 42 U.S.C. § 6903, as replaced amended, expanded, or supplemented, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, M.G. L. c. 221E, or any laws of similar purpose or effect, and such policies or regulations thereunder, or any laws of similar purpose or effect, and any rules, regulations, or policies thereunder, or;

 

(b)   special nuclear or by-products materials within the meaning of the Atomic Energy Act of 1954;

 

(2)               other materials which any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic or dangerous, or otherwise ineligible for disposal in the Landfill and

 

(3)               any material, which would result in Process Residue being Hazardous Waste under (1) or (2) above.

 

B.                 "Unacceptable Waste" means a regulated quantity of any of the following except as authorized by applicable law and regulations and approved for disposal via the Transfer Station at a Disposal Facility pursuant to Contractor's policies and procedures regarding such waste streams:

 

1.                  Containerized waste (i.e., drum, barrel, portable tank, box, pail, etc.) listed in items 3 through 9 below.

 

2.                  A Waste transported in a bulk tanker.

 

3.                  A liquid waste.

 

4.                  A sludge waste.

 

5.                  A waste from an industrial process.

 

6.                  A waste from a pollution control process.

 

7.                  Residue and debris from the cleanup of a spill or release of chemical substances, commercial products, or waste listed in items 1 through 6 or item 8, including without limitation, such materials from a site designated for remediation under federal or state "Superfund" authorities.

 

8.                  Contaminated soil, water, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in items 1 through 7, including without limitation, such materials from a site designated for remediation under federal or state "Superfund" authorities.

 

9.                  An uncharacterized waste.

 

10.              Chemical waste from a laboratory.

 

11.              Articles, equipment, and clothing containing or contaminated with polychlorinated byphenyls (PCBs).

 

12.              PCB drainings and flushings removed from PCB articles and placed directly into transport containers.

 

13.              "Empty" containers of waste commercial products or chemicals (this applies to a portable container which has been emptied, but which may hold residuals of the product or chemical.  Examples of containers are:  portable tanks, drums, barrels, cans, bags, liners, etc.).

 

14.              Asbestos contained in or from waste from building demolition, renovation, or cleaning.

 

15.              Commercial products or chemicals whether off-specification, outdated, contaminated, or banned.

 

16.              Residue and debris from cleanup of spills or releases of a single chemical substance or commercial product or a single waste, which would otherwise qualify as a miscellaneous special waste.

 

17.              Infectious waste.  Any waste from a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, university medial laboratory, etc., that is contaminated with or may be contaminated with an infectious agent that has the potential of inducing infection.  These wastes are wastes if they are untreated, autoclaved, or otherwise heat-treated.

 

18.              Animal waste and parts from slaughterhouses or rendering plants, including wastes from fur or leather products manufacturers.

 

19.              Waste produced by the mechanical processing of fruit, vegetables or grain, rinds, hulls, husks, pods, shells, and chaff, food processing wastes which are aqueous or sludges, or which have been contaminated with dyes, additives, or preservatives.

 

20.              Pumpings from septic tanks used any size exclusively by dwelling units.

 

21.              Sludge from a publicly owned-sewerage treatment plant serving primarily domestic users.

 

22.              Regulated quantities of grease trap wastes from any source.

 

23.              Washwater wastes from commercial laundries or Laundromats including waste from a dry-cleaning facility or waste from a commercial laundry used by an industry to wash chemical-contaminated clothing from its workers.

 

24.              Washwater wastes from commercial car washes.

 

25.              Chemical-containing equipment removed from service such as cathode ray tubes, batteries, fluorescent light tubes, etc.

 

26.              Wastes produced from the demolition or dismantle of industrial process equipment or facilities contaminated with chemicals from the process or chemicals or wastes removed or drained from such equipment.

 

27.              Closed cartridge filters from dry cleaning establishments.

 

28.              Explosives, white goods (specifically such goods containing regulated refrigerants or coolants) as solid wastes, human or animal, motor vehicle parts, automobile transmissions, springs and fenders, agricultural and farm machinery, other large machinery or equipment, etc.