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Contractor by County. The exception to the penalty shall be when the contractor can <br /> demonstrate that overflow resulted from excessive use of the site between regularly <br /> scheduled collections rather than a missed collection. This exception will be negotiable <br /> between the contractor, County, and the apartment site manager, <br /> iii. Each overflow resulting from a missed collection after the first ten, $100 per overflow, <br /> when overflow is not cleaned up by 5:00 PM of the working day following written or faxed <br /> notification of Contractor by County. The same exceptions apply as in#ii immediately <br /> above. <br /> Any resultant penalties may be deducted from the cost of service for this contract for the month <br /> of, or any month following,the reported incident. <br /> c) Procedure for Spilled Recyclables <br /> If recyclable materials intended to be collected by this program are spilled by weather events, <br /> vandalisim, or any cause other than missed collection or excessive use of collection site, <br /> Contractor will act to clean up and recycle(when possible) said spilled materials by 5:00 PM of <br /> the working day following notification of Contractor by County. County acknowledges that in <br /> the case of large scale spillage such as that caused by a severe weather event it may not be <br /> possible for Contractor to completely clean the spilled materials by the close of the day <br /> following notification. In this case, County will act in good faith to assist Contractor if the <br /> clean-up efforts. No penalties shall apply for spillage events covered in this clause, Sectionl2, <br /> Subsection c, assuming that County determines that Contractor has acted with due diligence to <br /> clean up spilled materials. <br /> SECTION 12 <br /> Refusal to Pick Up <br /> Contractor may refuse to pick up if materials are not properly segregated into the different <br /> containers as labeled. Contractor personnel shall remove and properly dispose of up to five(5) <br /> improperly sorted items from each container in order to make it acceptable. Contractor is not <br /> required to remove more than five(5) items from any one(1)recycling container. Refusal to pick <br /> up a container with more than five (5)improper items in it shall be at the Contractor's discretion. <br /> At the time of refusal to make the pick-up, Contractor shall issue, at its expense,a hand delivered <br /> written notice to the complex manager or his representative which details the problem and also <br /> contains instructions for the proper segregation of Recyclable Materials. Contractor shall also <br /> inform County by 5:00 PM of the working day of the refusal to collect. Said notification of County <br /> by Contractor shall include the details of each non-collected container. County will then contact the <br /> apartment manager and/or residents to rectify the problem. County and the apartment manager <br /> shall be responsible for removal of contaminated materials that exceed the five-item standard. If <br /> removal of contaminants by County or the apartment manager makes the remaining materials <br /> collectable, County may request that Contractor return to the site during the same week as the <br /> violation is corrected to collect the properly sorted materials at no extra charge. <br /> If the materials are too contaminated to sort out,the apartment complex and County shall be <br /> responsible for disposing of the materials and returning the empty container to the site. Contractor <br /> may, with permission from County at each incident, collect the contaminated loads for disposal with <br /> its other mixed wastes. Charges for disposal of these loads by Contractor shall be$15 per cart when <br /> carts are located at the Town of Chapel Hill Public Works yard and$30 per cart for each cart <br /> 9 <br />