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Triangle Region Solid Waste Planners Committee Household Hazardous Waste <br /> October 28, 1993 <br /> 5. Nonconforming Waste <br /> In some programs, sponsor personnel collect and label materials, then LES transports and <br /> disposes of the waste. LES must rely on the sponsor's representation of the waste, which may <br /> be incorrect. The following language may be added to the contract to cover nonconforming <br /> waste: <br /> Waste shall be considered nonconforming if it fails to meet the waste description applicable <br /> thereto in any material respect. In the event the waste is discovered to be nonconforming, LES <br /> may revoke its acceptance of the waste. The revocation of acceptance shall be effective <br /> immediately upon receipt of notice, verbal or written, to the Sponsor or its agent. Sponsor shall <br /> have seven (7) days to direct an alternative lawful manner of disposition of the waste, unless it <br /> is necessary by reason of law or LES facility permit or operating procedure to move the <br /> nonconforming waste in less than seven (7) days. If Sponsor does not direct an alternative <br /> lawful manner of disposition within said seven days or, if required, within a shorter period, LES <br /> shall return the waste to the Sponsor. Sponsor shall pay LES its reasonable expenses and <br /> charges for handling, loading, preparing, transporting, storing, and caring for nonconforming <br /> waste. If the waste is discovered to be nonconforming, LES shall be responsible only for its <br /> employees', agents', subcontractors', or invitees' negligence with respect to such waste. <br /> 6. Waste Disposal Facilities Designated By The Sponsor <br /> The Sponsor may have an outlet for some of the materials collected at these programs, such as <br /> local recyclers or reusers, or a hazardous waste facility willing to donate some services. LES <br /> is willing to segregate suitable materials for this waste diversion, and may agree to package and <br /> transport such waste if requested by the Sponsor. Fees for such services should be established <br /> in advance. However, LES is unable to take title to diverted materials or to accept liability for <br /> the management or disposal of the waste. The following language may be inserted into the <br /> Agreement: <br /> LES will not accept title to or liability for any waste which is diverted to management or <br /> disposal by persons or facilities designated by the Sponsor but which are not routine LES outlets <br /> for such waste materials. <br /> Laidlaw Environmental Services <br /> 51 <br />