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0 <br />take all reasonable measures to prevent waste from being blown or scattered before and during unloading_ The <br />City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and <br />regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable <br />Waste to the Disposal System. <br />(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the <br />Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any <br />extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. <br />Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or <br />Hazardous Substances to the Disposal System. <br />(D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or <br />Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle <br />will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous <br />Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable <br />efforts to assure that such material has been characterized, properly secured and its disposition resolved. The <br />return or reloading on to the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste <br />requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever <br />Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate <br />action in accordance with Applicable Law. <br />(E) Source -Separated Household Hazardous Waste. The County shall maintain, as part of <br />the Disposal System, a Source -Separated Household Hazardous Waste Disposal System for the disposal of <br />Source -Separated Household Hazardous Waste. The disposal service provided by such system shall constitute <br />part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The <br />County may impose additional fees and charges for services relating to Source -Separated Household Hazardous <br />Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the <br />expansion, contraction or modification of the Source -Separated Household Hazardous Waste Disposal System <br />and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County <br />chooses to reduce services, the County shall nonetheless continue to expend funds for the Source -Separated <br />Household Hazardous Waste Disposal System each year during the tern of this Agreement in an amount at least <br />equal to the amount of fiords expended for the Source -Separated Household Hazardous Waste Disposal System <br />during fiscal year 1996-97 as adjusted by changes in the Producer Price Index. <br />(F) Environmental Insurance. The County will explore the availability of insurance for <br />potential CERCLA or other environmental liability of the Disposal System, and will acquire such insurance to <br />the extent that such insurance is, in the judgment of the County, commercially available at a reasonable rate. <br />SECTION 3.4. UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing July <br />1, 1997, the County in accordance with Applicable Law shall provide or cause to be provided the service of <br />disposing of non -recycled Acceptable Waste originating or generated within the Unincorporated Area and, with <br />respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City subject <br />to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non - <br />recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged <br />for the disposal of each class of Controllable Waste. <br />SECTION 3.5. MISCELLANEOUS OPERATIONAL MATTERS. (A) Operating Hours. The <br />County shall keep the Disposal System open for the receiving of Controllable Waste during such regular <br />Execution Copy 16 (Revised Page) <br />