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considered contaminated if it contains more than ten percent (10%) non -Organic <br />material by weight. <br />Contractor shall warn Customers who have non -Recyclable Materials or Organic <br />Materials in their Recycling Container, Non -Organic Materials in their Organic <br />Materials Container, or Organic Materials or Recyclables in their Refuse Containers as <br />required by CalRecycle under SB 1383. <br />a) 151 instance: Contractor shall take photograph(s) of Container content, collect the <br />material from the Container, provide a courtesy notice that explains why the <br />material collected was non -conforming, and notify the City. The written notice <br />shall also explain the policy for non -conforming materials, recommend corrective <br />action, explain the consequences for repeated instances, and any other <br />information required by CalRecycle. <br />b) 2nd and subsequent instances: In addition to the requirements under the 191 <br />instance, Contractor shall have the option of assessing a Commercial and Roll -off <br />Customer Contamination Fee included in the approved rate schedule, or <br />Contractor may refuse to collect contaminated Containers upon written <br />notification of Customer indicating the reason for non -Collection, and options for <br />corrective action. A copy of such notice shall be delivered to the City via email <br />upon request by the Executive Director or designee. <br />Each written notice and photograph shall be available to the City upon request. For <br />Residential Curbside Service Units, the second or third instance shall be counted as <br />such if they occur within twelve (12) calendar months of the initial instance. For <br />Commercial and Roll -off Customers, the second instance shall be counted as such if it <br />occurs within twelve (12) calendar months of the initial instance. If twelve (12) calendar <br />months have elapsed since a written notification was issued for a non -conforming Cart <br />or Container, the next instance stall be deemed the initial instance. If the Customer has <br />changed, and the account is new, with different occupants, the written notification shall <br />be considered the initial instance. <br />4.3.10 Scout Service <br />Upon Customer request and approval by the Executive Director, Contractor shall <br />provide scout service, whereby Contractor will access Containers using a small vehicle <br />either to move Containers to street or other public right-of-way for Collection, or <br />March 9, 2020 48 City of Santa Ana - DRAFT <br />60A-137 <br />