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4.9.3 Processing Facility Temporary Equipment or Operational Failure Waiver <br />A. Notification to the City. The Contractor, or their Subcontractor (such as a Facility <br />operator), shall notify the City of any unforeseen operational restrictions that <br />have been imposed upon the Approved Facility by a regulatory agency or any <br />unforeseen equipment or operational failure that will temporarily prevent the <br />Approved Facility from Processing and recovering Source Separated Recyclable <br />Materials, Source Separated Organic Waste, or Mixed Waste. The Contractor or <br />Subcontractor shall notify the City as soon as possible and no later than two (2) <br />business days from the time of the incident. The notification shall include the <br />following: (i) name of Approved Facility; (if) the Recycling and Disposal <br />Reporting System Number of the Approved Facility; (iii) date the Approved <br />Facility became unable to Process Source Separated Recyclable Materials or <br />Source Separated Organic Waste; (iv) description of the operational restrictions <br />that have been imposed upon the Approved Facility by a regulatory agency or <br />unforeseen equipment failure or operational restriction that occurred; (v) the <br />period of time the Contractor anticipates the temporary inability of the <br />Approved Facility to Process Source Separated Recyclable Materials, Source <br />Separated Organic Waste, or Mixed Waste; (vi) Contractor's proposed action <br />plan to deliver materials to an Alternative Facility for Processing (refer to Section <br />8.1.1-1 of Exhibit 8) or Contractor's request for waiver to deliver Source Separated <br />Recyclable Materials, Source Separated Organic Waste, or Mixed Waste to the <br />Designated Disposal Facility. <br />B. Use of Alternative Facility or Waiver for Disposal of Materials. Upon notification <br />by Contractor or Subcontractor of the Approved Facility's inability to Process <br />materials, City shall evaluate the notification and determine if City shall require <br />Contractor to use an Alternative Facility or allow the Contractor to Transport the <br />Source Separated Recyclable Materials, Source Separated Organic Waste, or <br />Mixed Waste to the Designated Disposal Facility for Disposal on a temporary <br />basis for a time period specified by the City. Upon City's decision, the City shall <br />notify the Contractor of its requirement to use an Alternative Facility for <br />Processing or to use the Designated Disposal Facility for Disposal, and the period <br />of time that the City will allow the Source Separated Recyclable Materials, Source <br />Separated Organic Waste, or Mixed Waste to be redirected to the Alternative <br />Facility or Designated Disposal Facility. Pursuant to 14 CCR Section 18984.13, the <br />approved Disposal period shall not exceed ninety (90) days from the date the <br />Approved Facility's Processing restriction or failure commenced. In such case, <br />the Contractor must receive written permission from the City prior to depositing <br />any Discarded Material in a Landfill. <br />August 17, 2021 86 City of Santa Ana <br />