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(B) Identification of Unacceptable Waste. The Department shall have the right (but not the <br />duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, <br />and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. <br />If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any <br />vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is <br />carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall <br />forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take <br />all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall <br />cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the <br />Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal <br />System. <br />(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal <br />System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the <br />handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor <br />the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the <br />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 will <br />not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste <br />in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to <br />assure that such material has been characterized, properly secured and its disposition resolved. The return or <br />reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring <br />handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is <br />detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with <br />Applicable Law. <br />(E) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the <br />Disposal System, aSource-Separated Household Hazardous Waste Disposal System for the disposal of Source- <br />Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the <br />Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may <br />impose additional fees and charges for services relating to Source-Separated Household Hazardous Waste with <br />respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion, <br />contraction or modification of the Source-Separated Household Hazardous Waste Disposal System and its services <br />to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to <br />reduce services, the County shall nonetheless continue to expend funds for the Source-Separated Household <br />Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the <br />amount of funds expended for the Source-Separated Household Hazardous Waste Disposal System during fiscal <br />year 2006-07 as adjusted by changes in the Producer Price Index. <br />SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the <br />Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the <br />service of disposing of non-recycled Acceptable Waste originating or generated within the Unincorporated Area <br />and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City <br />subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of <br />non-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. The County shall use its best efforts to preserve, protect and <br />defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled Acceptable <br />Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise <br />Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County <br />shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non-recycled <br />Acceptable Waste generated in the Unincorporated Area). <br />13 <br />Execution Copy <br />