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Home My WebLink AboutAgenda - 10-18-94 - VIII-C 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No Naltr.--a, ACTION AGENDA ITEM ABSTRACT Meeting Date: October 18, 1994 SUBJECT: Household Hazardous Waste Collection Agreement DEPARTMENT: Public Works PUBLIC HEARING YES NO x ATTACHMENT(S) : INFORMATION CONTACT HHW Collection Agreement Wilbert McAdoo, ext 2625 (under separate cover) TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider approving an agreement with Laidlaw Environmental Services for collection and disposal of household hazardous wastes. BACKGROUND: At the regular meeting on June 28, 1994, the Board approved two interlocal agreements pertaining to collection and disposal of household hazardous waste (HHW) . The first agreement is for a regional household hazardous waste program that involves Orange, Chatham, Wake, and Durham Counties, the City of Durham, and the Towns of Carrboro and Chapel Hill. The second agreement is between these seven local government jurisdictions and the Triangle J Council of Governments, which will administer the regional HHW program. Each of the seven jurisdictions is a prospective party to a third agreement, presented under separate cover from this abstract, with Laidlaw Environmental Services. Representatives of the participating jurisdictions selected Laidlaw in FY 1993-94 pursuant to a Request for Proposals process for a single contractor for HHW collection and disposal. Funding for Orange County' s share of the HHW program is included in the 1994-95 Landfill operating budget administered by the Town of Chapel Hill. RECOMMENDATION: The Manager recommends that the Board approve the agreement with Laidlaw and authorize the Chair to sign. m-/e-- 9), ../ 1 i ,! 1 DEC - 5 1994 -- _ A, TRIANGLE J COUNCIL OF GOVERNMENTS World 100 Park Drive,00.Box 12276 Class Research Irian&Park,NC 27709 919 549 0551 FAx 919 549 9390 Region November 29, 1994 Wilbert McAdoo, Public Works Director Orange County P.O. Box 8181 Hillsborough, NC 27278 Dear Wilbert: Enclosed is Orange County's signed contract with Laidlaw. Thank you for your help in finalizing this document. Please ensure that this original reaches the appropriate storage place. I have also enclosed a survey designed to help me understand everyone's priori- ties for this project. I would appreciate having your comments. Regarding progress, I have been working hard during the last month to facilitate preparation of the permit applications. To help ease the burden on each county, I have drafted some generic application materials that can be modified as needed by adding site-specific information. The county representatives and I have made good progress on both the operational plans and the environmental assessments. However, while working on these application materials, I discov- ered a number of unresolved issues affecting both facility design and operations. Many of these issues could not be resolved without extensive discussions with Laidlaw, so I arranged a two-day meeting (including site visits) with a team of staff members from Laidlaw. Many of the questions were resolved at that time or in subsequent conversations, and we have since been working to incorporate the results into the application materials. One significant remaining piece, involv- ing preparation of conceptual designs and preliminary drawings for the facilities, had to be referred to an engineering firm. Bids were solicited and a firm was chosen, and their work should begin as soon as we can issue the required purchase orders and arrange a kick-off meeting. We are hoping to have the finished designs sometime during the third or fourth week of December and will submit the permit applications as soon as possible thereafter. Please call me on 558-9400 if you have any questions. dicSi _er-ly, I , (•---) , e, ■ cis 1 s f , L. gh Scott-Prater HHW Program Administrator cKY Cb9 W o r l d A, TRIANGLE J COUNCIL OF GOVERNMENTS 100 Park Dree, P.C).Bo\ 12276 C l a s s Research Triangle Park,NC 27709 919 549 0551 r,x:910 549 9390 R e g E O n Date: November 29, 1994 To: Interested Individuals,., From: Leigh Scott-Prater .; 1 Re: Program Objectives During the last week I've been thinking a lot about the long-term objectives for our HHW collection program. While I know that in the short term we want to establish the permanent facilities and start the education program, I would like to know more about your priorities for the longer term. I need a clearer under- standing of those objectives now so I can be sure that my efforts are aimed in the most appropriate direction. You can help by taking a minute to rank the fol- lowing items in order of priority (with one being highest): protect the environment & public health by increased capture of HHW achieve reduced disposal costs for HHW increase recycling or reuse of HHW educate consumers about the proper use, storage and disposal of HHW promote consumer use of less toxic alternative products comply with regulations other (please specify): Also, I'd like to know which materials you are most concerned about capturing. Please rank the following: automotive fluids & batteries paints and solvents pesticides and herbicides household cleaning products fluorescent bulbs & other mercury sources household batteries metal and furniture polishes aerosol cans other (please specify): I'd like to have your responses to this survey by December 7. Thanks! AGREEMENT BETWEEN LAIDLAW ENVIRONMENTAL SERVICES (TS),INC. AND THE COUNTY OF CHATHAM,THE COUNTY OF DURHAM, THE COUNTY OF ORANGE,THE COUNTY OF WAKE, THE TOWN OF CARRBORO,THE TOWN OF CHAPEL HILL, AND THE CITY OF DURHAM CONCERNING HOUSEHOLD HAZARDOUS WASTE COLLECTION This Household Hazardous Waste Collection Agreement ("this Agreement")by and between the Counties of Orange,Chatham,Wake and Durham, the City of Durham and the Towns of Chapel Hill and Carrboro, all of which are sovereign governmental entities located in the State of North Carolina (hereinafter referred to individually as a "Sponsor"or collectively referred to as the "Sponsors",as the context may require) and Laidlaw Environmental Services (TS),Inc., a Delaware corporation, (hereinafter "LES") is entered into on this the day of , 1994. WITNESSETH: WHEREAS,the Sponsors desire to conduct Household Hazardous Waste Collection Programs to provide a safe,convenient place where citizens of the Sponsors can dispose of stored household hazardous wastes; and 1 WHEREAS, the Sponsors desire to hire a professional contractor knowledgeable and experienced in conducting such waste disposal programs; and WHEREAS,LES has represented that it is staffed with personnel knowledgeable and experienced in conducting such waste disposal programs; NOW,THEREFORE,in consideration of the mutual promises and benefits of this Agreement, the Sponsors and LES agree as follows: 1. Employment of LES. The Sponsors agree to hire LES and LES agrees to act as the Sponsors' contractor to conduct the Household Hazardous Waste Collection Programs described herein and for a term of three (3) years provided sufficient funds are allocated by the Sponsors and performance by LES is satisfactory. This Agreement may be extended for additional terms as agreed to by the parties. 2. Scope of Services. LES shall perform in a good and professional manner the services identified in the Sponsors' Request for Proposal dated September 14, 1993, as modified by LES's Proposal dated October 28, 1993 (copies of which are attached hereto and incorporated by reference) as well as the services listed in this Agreement and Appendices numbered 1 through 5. Any conflict between the terms of this Agreement and the terms of the Request for Proposal or the Proposal will be governed by the terms of this Agreement. a. LES shall have present at each collection site employees or agents of LES as described in the Proposal trained in the identification of hazardous and acutely hazardous wastes (collectively "Waste or Wastes") as defined by federal or North Carolina laws or regulations, and such materials and equipment as are necessary to handle, containerize,label,load and transport such Wastes from the Sponsor's service area in a manner conforming to federal and North Carolina laws and regulations. b. LES shall accept Wastes,for transportation and disposal from the Sponsors' service areas, only from such individuals as are designated by a Sponsor's representative present at the site as being residents of one of the four 2 counties within the Sponsors' service areas, and only in such amounts as are approved by such representative. c. Except as provided herein and in Paragraph d and e below,LES disclaims all responsibility for and assumes no liability for the following Wastes s which it will neither handle at the site nor accept for disposal: Compressed Explosives or Shock Sensitive Materials and Ammunition, Unknown Materials (defined as being unidentifiable after the initial analysis is performed at the Sponsors' service area during a Household Hazardous Waste Collection Program),Radioactive Materials,Infectious or Biologically Active Materials, Dioxin (except as provided in paragraph 2d below),Tri,Tetra- and Pentacholorophenols and their Chlorophenoxy derivative Acids,Esters,Ethers, Amines and other Salts (i.e.,Sodium Pentachlorophenate, 2,4,5-T,Silvex and 2,4,5-TP). If a citizen brings any Waste chemical listed in this Paragraph, other than those listed in Paragraph d,below,to the collection station, and if the Sponsors decide to accept the Waste,LES shall package the material for the Sponsors and the Sponsors shall compensate LES for packaging services in accordance with the fee schedule set forth in the Proposal. LES shall endeavor to arrange for disposal of such material with a properly permitted and licensed Subcontractor;however,if either the disposal arrangements or the charges for such disposal are unsatisfactory to the Sponsors,then further management and disposal of such material shall be the sole responsibility of the Sponsors. d. Dioxin associated Waste from households shall be handled by LES only through incineration and the Sponsors shall compensate LES for packaging, transportation, and disposal in accordance with the fee schedule. e. Waste shall be considered nonconforming if it fails to meet the waste description applicable thereto in any material respect. In the event the Waste is discovered to be nonconforming at any time within thirty (30) days,s, LES may revoke its acceptance of the Waste. The revocation of acceptance shall be effective immediately upon receipt of written notice to the Sponsor(s) or their agent if such agent, if any,has been duly authorized in writing by the Sponsor(s) 3 to serve as an agent. Sponsors shall have seven (7) days to direct an alternative lawful manner of disposition of the Waste,unless it is necessary by reason of applicable federal, state,or local laws, regulations, orders,permits, ordinances or requirements (hereinafter collectively referred to in this Agreement as Laws) or LES facility permit or operating procedure to move the nonconforming Waste in less than seven days. If the Sponsor does not direct an alternative lawful manner of disposition within said seven days or, if required, within a shorter period,LES shall return the Waste to the Sponsor. Sponsor shall pay LES its reasonable expenses and charges for handling,loading,preparing, transporting, storing, and caring for nonconforming Waste. If the Waste is discovered to be nonconforming,LES shall be responsible only for its employees', agents', subcontractors',or invitees' negligent acts or omissions with respect to such Waste or failure to perform in accordance with this Agreement. f. Storage time and restrictions shall be determined by Laws; safety considerations; and space demands and expense to the Sponsors. The Sponsors will develop a collection schedule mutually agreeable to LES. LES shall pick up materials within seven (7) days of notification by a Sponsor or its agent, if such agent,if any, has been duly authorized in writing by the Sponsor to serve as an agent. g. As needed, LES shall transport Wastes off-site in vehicles permitted for such transportation, according to Laws. LES must provide for disposal of Wastes through treatment, recycling and/or incineration with landfilling as a last resort at a Federally permitted hazardous waste disposal site. LES shall advise the Sponsors as to the options available for the disposition of the Waste. To the extent allowed by Laws, the Sponsors shall choose,on an annual basis, the method in which the Waste shall be reused, recycled, or disposed. Sponsors may also develop a criteria for determining which Wastes are set aside for reuse or recycling by Sponsors instead of by LES. h. LES shall turn over to each Sponsor a listing of all Wastes packaged for disposal prior to leaving each site and an acknowledgment of receipt within 4 thirty (30) days of its receipt at the LES facility. LES shall complete all manifest and shipping papers and shall provide such completed records within five (5) working days to each Sponsor once receipt at a reuse,recycling, or disposal facility is complete. LES shall provide documentation in compliance with Laws attesting that the Waste has been ultimately disposed of pursuant to this Agreement. Individual manifests must be submitted to each Sponsor based on its respective collections. i. LES shall submit monthly reports to the Sponsors or their duly authorized agent. These monthly reports shall be in a form and contain information on Waste amounts,Waste composition, and costs as designated by the Sponsors or their duly authorized agent. LES shall maintain all records for a period of five (5) years, and allow the Sponsors and their duly authorized agents reasonable access thereto upon receipt of a written request from a Sponsor or its duly authorized agents. For all work being performed under this Agreement, the Sponsors have the right to inspect, examine, and make copies of any and all books, accounts, records and other writings relating to the performance of the work. Audits shall take place at times and locations mutually agreed upon by both parties, although LES must make the materials to be audited available within one (1) week of the request of them. 3. Time and Performance. LES shall begin the services to be performed under this Agreement upon Notice to Proceed from the Sponsors, and shall undertake such services to assure readiness for and successful completion of the Household Hazardous Waste Collection Program. 4. Termination. Either LES or the Sponsors may terminate this Agreement for convenience and without cause, upon one hundred twenty (120) days prior written notice to the other party(ies). Such termination shall be without prejudice to any remedy LES or the Sponsors may have pertaining to this Agreement. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The Sponsors shall pay for any such work in progress that is completed by LES and accepted by the Sponsors. 5 5. Excuse of Performance. The Sponsors' obligation to deliver and LES' obligation to accept for servicing any Waste pursuant to this Agreement may be suspended by either party in the event of any of the following events which prevent the delivery,transportation, acceptance,treatment,incineration, or disposal of the Waste: act of God,war,riot,fire,explosion, accident,flood, sabotage; compliance with governmental requests,laws,regulations,orders or actions;revocation or modification of governmental permits or other required licenses or approvals; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction; provided,however,that the event is not due to acts or omissions which are in the reasonable control of the party claiming an excuse of performance, and further provided that neither party shall be required to settle a labor dispute against its own best judgment. The parties shall use their best efforts to perform this Agreement upon the cessation of the event giving rise to the delay. 6. Compensation and Payment. a. The Sponsors agree to pay LES for its services in accordance with the price and terms of payment set forth in the attached Appendix#6, the Pricing Appendix. Prices quoted in the Pricing Appendix are to be firm for one (1) year following the date of execution of this Agreement. Subsequent price adjustments after that date shall be limited to no more than the amount of the annual percentage change of the Consumer Price Index for the twelve month period immediately prior to the date of the request. "Consumer Price Index" shall mean the consumer price index for all urban consumers (all items index) as published by the U.S. Department of Labor, Bureau of Labor Statistics,from time to time; provided,however,if such Consumer Price Index is no longer published, such term shall refer to any other reasonable cost of living index agreed to by the parties hereto. Sponsors shall be notified by March 1, 1995 of any such price adjustment request to be effective at any time during fiscal year 1995-96; Sponsors shall be notified by March 1, 1996 of any such request to be effective at any time during fiscal year 1996-97. The request for any price 6 increase shall be accompanied by supporting documentation justifying the requested increase. b. Payment terms are net forty-five (45) days from receipt of an accurate invoice. In the event of dispute as to the accuracy of an invoice,the Sponsors agree to pay all undisputed amounts within the time set forth herein. LES and the Sponsors agree that,in the event a Sponsor fails to make payment when due, an amount equal to 8.0% per annum will be added to all undisputed amounts outstanding from that Sponsor for more than thirty (30) days. This amount will be calculated on the number of days in excess of forty-five (45) days past the invoice date to the date payment is received by LES. The Sponsors are responsible for notifying LES of any question concerning an invoice. No interest will accrue on disputed amounts during the pendency of the dispute,unless it is determined by a court of competent jurisdiction that there was no factual or legal basis for the dispute. c. The Sponsors shall reimburse LES for taxes,tariffs, fees, surcharges, or other charges imposed by legislation or regulations enacted or promulgated by any federal,North Carolina, or local agency having jurisdiction, after the execution date of this Agreement and levied specifically upon the transportation, treatment, storage, incineration,recycling,or disposal of the Waste upon thirty (30) days written notice of such change in legislation and upon submission by LES of evidence reasonably satisfactory to the Sponsor that such charges have been paid; provided, however, that Sponsors shall not reimburse LES for any portion of such taxes,tariffs,fees, surcharges, or other charges arising out of LES violation of Laws. d. Cost estimates for all non-disposal services requested by individual Sponsors shall be provided to Sponsors by LES in advance of performing such services. Specific services and costs shall be subject to advance approval by individual Sponsors. 7. Generator. LES shall be deemed to be the "Generator",for recordkeeping and paperwork purposes, of all Wastes accepted by LES during the Household Hazardous Wa ste Program from residents of the Sponsors service areas. The "Generator" of the Waste pursuant to applicable Laws shall be determined in accordance with applicable Laws. 8. Licenses. LES certifies that, prior to performing each service pursuant to this Agreement,it will have any and all federal,North Carolina, and local licenses or permits necessary to perform that service. 9. Insurance. LES shall procure and maintain,at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: (a) Worker's Compensation-$1,000,000 or statutory; (b) Employer's Liability-$5,000,000 per occurrence; (c) General Liability (bodily injury and property damage) - $5,000,000 per occurrence, $10,000,000 annual aggregate combined single limit; (d) Automobile Liability- $5,000,000 per occurrence combined single limit; (e) Environmental Impairment Liability for sudden accidental occurrences- $1,000,000 per occurrence, $2,000,000 annual aggregate; (f) MCS90 Endorsement for hazardous materials transportation-$5,000,000. At least ten (10) days before the first collection day, LES shall provide the Sponsors with a Certificate of Insurance showing coverages a,b, c, and d above,naming the Sponsor as certificate holder and noting the Sponsors' interest. LES shall also provide copies of documents demonstrating coverages e and f above. a. The Sponsors shall each be named as additional insured on the Commercial General Liability policy. b. Current,valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Certificates of Insurance on an Accord 255 (7/90) or similar form meeting required insurance provisions shall be forwarded to the Sponsors for contractor and any subcontractors. Each Sponsor shall receive a certificate and be named certificate holder. Renewal certificates shall be sent to each Sponsor sixty (60) days prior to any expiration date. There shall also be a thirty (30) day notification to the Sponsors prior to cancellation or modification of any stipulated insurance coverage. Wording on 8 the Certificate of Insurance which states that no liability shall be imposed upon LES for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Sponsors at any time. c. It shall be the responsibility of LES to insure that all subcontractors comply with the same insurance requirements that LES is required to meet. 10. Title to Waste. Title to all identified Wastes accepted by LES at the site from residents of the Sponsors' service areas for transport and disposal by LES shall pass directly from such residents to LES at the time of its acceptance. Title to all nonconforming Waste not accepted at the site but subsequently accepted by LES for transport and disposal shall be deemed to pass directly from such residents to LES retroactive to the date received by LES. 11. Warranty. LES warrants that it understands the currently known hazards and suspected hazards which are presented to persons,property, and the environment by the transportation,treatment,and disposal of Wastes. LES further warrants that it will perform all services under this Agreement in a safe, efficient, and lawful manner using best industry-accepted practices, and in full compliance with all Laws. Sponsors warrant that they are in compliance with all Laws governing their activities under this Agreement, and that they are under no legal restraint or order which would prohibit transfer of possession or title of collected Wastes to LES or prohibit the servicing of such Waste or LES's performance of services under this Agreement. Sponsor will cooperate and/or assist LES, as requested, at no cost to the Sponsor,with LES' defense, negotiation, adjustment and or settlement of a claim against Sponsor. 12. Indemnification. a. To the maximum extent allowed by law,LES shall indemnify and save harmless Sponsors from and against all charges that arise from, in connection with, or out of this contract to the extent such charges are a result of errors, omissions,or negligent acts of LES or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. In performing duties 9 under this subsection "a," LES shall at its expense defend Sponsors with legal counsel reasonably acceptable to the Sponsors. b. Definitions. As used in subsection "a" above, "charges" means claims, judgments, costs, damages,losses, demands,liabilities, obligations, fines (including but not limited to those levied by the North Carolina Department of Environment,Health, and Natural Resources), penalties,royalties, settlements, and expenses (including interest and reasonable attorneys' fee assessed as part of any such item); "Sponsors" means all Sponsors and their officers, officials, independent contractors (other than LES), agents, and employees. 13. Independent Contractor. LES is and shall perform this Agreement as an independent contractor and, as such, shall have and maintain complete control over all of its employees and operations. Neither LES nor anyone employed by it shall be,represent, act,purport to act,or be deemed to be the agent, representative, employee or servant of the Sponsor. 14. Obligation to Fund. The parties recognize that the Sponsors have budgeted certain appropriated monies to support a household hazardous waste collection program and have allocated a specific portion of these monies as compensation under this Agreement. The parties further recognize and agree that the Sponsors,by entering into this Agreement,have undertaken no obligation to provide any funds to LES other than the specific allocation from the current year's funds which the Sponsors have agreed to provide as compensation hereunder. The parties also agree that,if for any reason not anticipated by the Sponsors,funds appropriated hereunder cannot be made available, any Sponsor has the right to withdraw from this Agreement upon sixty (60) days written notice to LES and to the other parties to this Agreement; provided,however,that any amounts owed to LES by a Sponsor for work already performed under this Agreement shall be paid by that Sponsor to LES. The Sponsors will give LES a "not to exceed" price for each fiscal period. In the event that the compensation due to LES from any Sponsor approximates the "not to exceed" price,that 10 Sponsor shall have the option of curtailing collection and disposal of Wastes for the remainder of the fiscal year. 15. Headings. The titles of the paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting the provisions of this Agreement. 16. Modification. No modification of this Agreement shall be binding on LES or the Sponsor unless set out in writing signed by all parties, except,however,that the Pricing Appendix may be modified as set forth in this Agreement. 17. Completeness of Agreement. This Agreement and any documents incorporated by reference herein contain all the terms and conditions agreed to by the Sponsor and LES, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 18. When Rights and Remedies Not Waived. In no event shall the making by the Sponsor of any payment to LES constitute or be construed as a waiver by the Sponsor of any breach of covenant,or any default which may then exist,on the part of LES, and the making of any such payment by the Sponsor while any such breach or default exist shall in no way impair or prejudice any right or remedy available to the Sponsor with respect to such breach or default. Any waiver by either party of any provision or condition of this Agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition,unless such waiver be expressed in writing by the party to be bound. 19. Personnel. LES represents that it has,or will secure at its own expense, all personnel required in performing the services under this Agreement. LES is and shall perform this Agreement as an independent contractor, and as such,shall have and maintain complete control over all its employees and operation. a. LES and Sponsors recognize that employees of the Sponsors' and volunteers recruited by the Sponsors may perform various functions during the collection event. The Sponsors shall have and maintain complete control over all 11 of its agents,employees,volunteers and operations. The Sponsors, anyone employed by them and their volunteers shall not be,represent, act,purport to act or be deemed to be the agent,representative,employee or servant of LES. LES shall have no responsibility or liability for the actions of the Sponsors' employees, agents, volunteers or other contractors. b. LES shall offer Sponsors' employees and volunteers some or all of the following Level 1 items identical to those used by LES personnel: Tyvek coveralls, gloves, splash goggles or glasses as set forth in LES proposal. These items can be provided by LES as a convenience to the Sponsors in order to assist the Sponsors' employees and volunteers in remaining clean during a collection event. LES shall extend to Sponsors the same warranties that the manufacturers of these items extend to LES,but LES makes no claims or warranties as to the safety or protective qualities of these items beyond those of the manufacturers, and LES is not responsible for the use or misuse of these items by Sponsors' employees and volunteers. 20. Non-Discrimination Provision. During the performance of this Agreement, LES agrees as follows: a. LES shall not discriminate against any employee or applicant for employment because of race, color, religion, sex,national origin, political affiliation or belief, age, or handicap. LES shall take affirmative action to insure that applicants are employed and that employees are treated equally without regard to race, color,religion, sex, national origin,political affiliation or belief, age,or handicap. Such action shall include but not be limited to the following: employment, upgrading, demotion,transfer,recruitment or advertising,layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. LES shall post in conspicuous places, available to employees and applicants for employment,notices setting forth these EEO provisions. b. LES shall in all solicitations or advertisement for employees placed by or on behalf of LES, state that all qualified applicants will received consideration 12 for employment without regard to race, color,religion, sex,national origin, political affiliation or belief, age, or handicap. c. LES shall send a copy of the EEO provisions to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding. d. In the event of LES's noncompliance with these EEO provisions, any Sponsor may cancel,terminate, or suspend this contract,in whole or in part, and the Sponsor may declare LES ineligible for further Sponsor contracts. e. Unless exempted by a Sponsor,LES shall include these EEO provisions in every purchase order for goods to be used in performing this contract and in every subcontract related to this contract so that these EEO provisions will be binding upon such subcontractors and vendors. f. The Sponsors oppose discrimination on the basis of race and sex and urge all of their contractors to provide a fair opportunity for minorities and women to participate in their workforce and as subcontractors and vendors under Sponsor contracts. 21. Patent Infringement Disclaimer. LES disclaims any and all liability for past, present or future patent infringement relating to any apparatus,process, design, product, composition or structure which is made, constructed,used, sold, practiced, or supplied by LES at the explicit written direction, control, or order of any Sponsor for the purpose of fulfilling the terms of this Agreement. Unless LES knew or reasonably should have known that the same constitutes a patent infringement,LES does not represent and expressly does not warrant that any apparatus,process, design,product, composition,or structure which is made, constructed, used, sold,practiced or supplied by LES at the explicit written direction, control, or order of any Sponsor does not infringe any issued or future United States or foreign patent. LES does warrant,however, that LES has the expertise and experience sufficient to perform its duties and obligations under this Agreement in a proper and competent manner. Sponsor may not seek indemnification from LES for any damages, attorneys fees or costs as a result of a 13 claim of patent infringement brought against it relating to any apparatus, process, design, product, composition or structure which was made, constructed, used, sold,practiced or supplied by LES at the explicit written direction, control, or order of any Sponsor,unless LES knew or should have known that the same constitutes a patent infringement. 22. Notices. a. Any notices, bills, invoices or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail,postage paid, to the addresses noted below: If to the Sponsors: Phil Carter Solid Waste Director Wake County Solid Waste Division PO Box 550 Raleigh,NC 27602 Nancy Lee Newell Solid Waste Process Engineer City of Durham Sanitation Department 101 City Hall Plaza Durham,NC 27701 Matt Young Recycling Coordinator Chatham County Public Works Department PO Box 87 Pittsboro,NC 27312 Blair Pollock Solid Waste Planner Chapel Hill Public Works Department 306 N. Columbia Street Chapel Hill,NC 27516 Chris Peterson Public Works Director Carrboro Public Works Department PO Box 829 Carrboro,NC 27510 14 Bill Renfrow Special Projects Director County of Durham with a copy to: 200 E. Main Street Durham,NC 27701 Judy Kincaid Solid Waste Planner Wilbert McAdoo Triangle J Council of Governments Public Works Director PO Box 12276 Orange County Public Works Research Triangle Park,NC 27709 Department PO Box 8181 Hillsborough,NC 27278 If to LES: with a copy to: Laidlaw Environmental Laidlaw Environmental Services, Services(TS), Inc. Inc. Attn: Facility Manager Attn: Legal Department 208 Watlington Industrial Drive. 220 Outlet Pointe Blvd. Reidsville, NC 27320 PO Box 210799 Columbia, SC 29221 All parties shall have the right to change the name of the person designated in this section to receive notices by so notifying all other parties in writing, and such change shall not constitute a modification to this Agreement. b. Each individual Sponsor shall give written notice to LES of a claim for indemnification under paragraph 12 of this Agreement within fifteen (15) days following the individual Sponsor's first knowledge of the event or occurrence which gives rise to that claim; provided,however,that failure to give such written notice shall not affect LES's obligation to indemnify unless such failure results in LES being unable to defend the claim or results in actual prejudice to LES's legal rights or results in a situation of default in a legal or administrative proceeding on the claim which default cannot be rectified. 15 Upon receipt of notice,and determination by LES that the individual Sponsor has a valid daim for indemnification,LES shall have the right to retain counsel to defend,negotiate, adjust, and/or settle a claim against Sponsor and LES will pay reasonable attorney's fees and other litigation expenses. LES has no obligation to indemnify the Sponsor when the Sponsor does not provide timely notice of a daim allowing LES the timely opportunity to defend,negotiate,adjust, and/or settle the claim. 23. Governing Law. The Sponsor and LES agree that the validity and construction of this Agreement shall be governed by the laws of North Carolina, except where preempted by federal law. All litigation arising out of this Agreement shall be commenced in Durham,Wake,Orange or Chatham Counties,North Carolina. 24. Separability. If any section, subsection,sentence or clause of this Agreement shall be adjudged illegal,invalid or unenforceable such illegality, invalidity, or unenforceability shall not affect the legality,validity or enforceability of the Agreement as a whole or of any section, subsection, sentence or clause hereof not so adjudged. IN WITNESS WHEREOF,the parties hereto,being duly authorized,have executed this Agreement as of the date first written above. LAIDLAW ENVIRONMENTAL SERVICES (TS),INC. BY I .,;.1��:�r Attest PRESIDENT , S C TARY (SEAL) ACKNOWLEDGMENT BY CORPORATION State of South Carolina County of EY i t f4 ,a notary pubic for the aforesaid county and state, certify that µ I - personally appeared before me this day and 16 acknowledged that he or she is Secretary of Laid law Environmental Services (TS),Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing contract was signed in its name by its President whose name is fOillifilti IAA 6. 51;ltvii 4.-- , sealed with its corporate seal, and attested by him/herself as its said Secretary or Assistant Secretary. This,the 501^ day of C' bt:_r- ,, 19/4 My commission Expires: I A\r4 IA. fi A i /Lt Notary Public -:— -,--",- TOWN(0/F CHAPEL LL ,r 1 ' By: 4." ,i,..d S: r-7,84-€41, .A ir ' \•••""-^-, Kenneth Broun,Mayor A ,A, : Attes .1 This instrument has been reviewed and approved as to legal form and adequacy. By: (/,,r,A 1 /), kaltiti-1,6,-7, Attorney This contract has been pre-audited as required by the local Government Budget and Fis f, 0- al Control Act , A By: Ai el-A1/412-irn Finance Officer CITY OF t ..IP 4 , ! )0r i By: Orville W. Powell, City Manager Attest This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: 41, 6,c7c;(72-4)&- --' Finance Officer 17 . . COUN OF WAKE(. A I/ By: MAO-1A.-- Vernon Malone, Chairman / 7 A t Board of Commission s This instrument has been reviewed and approved as to legal form and adequacy. By: kg___ , ., 1 ,k , . , , ...... Attorney This contract has been pre-audited as required by the local Government Budget and Fiscp ontrol Ac By: CAry, Finance Officer <,,,,,,. -.'-`eP' :,., ..,:v ort)M,41/.;, s TO\An\T OF CARRIIIORO ,, t 1q11 T„ i By: _ C - a/tAtil /''',' /7.,, .- ' i / Eleanor Kinnaird,Mayor Attest This instr7, lyt has/1)er reviewed and approved as to legal form and adequacy. By: t / /,/ ,...1- -4-4)- - ) i 1( i) Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: "baItUktfAxe.-- Itv .( i , Finance Officer 18 i / COUNTY OF '� % '�► / B /I/fir 7 I4 W i am Bel, Chairman Attest Board of Commissioners This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act r By: / d !. Finance Officer COUN it r fay, G, .) ) ;77 / By: ArALIFI ' Ai I w„:::*, ,e.e.,,,,z ,.." r oses Carey,Chairman Attest Board of Commission This instr ent has been -vi-w- , and approved as to legal form and adequacy. By: �►.�.r Jl' 6-•.SA ai P i This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 4aa l p .. n hi natru n m r t kAiE4i4'I1J 19 COUNTY OF CHATHAM By 7 1 Henry H. Dunlap, Chairman Attest Board of Commissioners This i51. ent,00 s b,-en reviewed and approved as to legal form and adequacy. By: trft ArArAkkr....i.a.4.4& Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: V vdtk-S M Finance Officer 20 APPENDICES #1 Outline of services for Orange County/Town of Chapel Hill/Town of Carrboro #2 Outline of services for Chatham County #3 Outline of services for Wake County #4 Outline of services for City of Durham #5 Outline of services for Durham County #6 Pricing Appendix #7 Request For Proposals Dated September 14, 1993 #8 LES Proposal Dated October 28,1993 Appendix #1 Outline of Services For Orange County/Town of Chapel Hill/Town of Carrboro 1. Orange County, the Town of Chapel Hill, and the Town of Carrboro are requesting complete direction on development and implementation of permanent household hazardous waste collection programs, including facility design and construction; personnel training; site supervision to assist Sponsor personnel in gaining proficiency; site operation in cases where the host community chooses not to use public employees; and waste packaging, transportation, and management. 2. Orange County, the Town of Chapel Hill, and the Town of Carrboro expect to require minimal involvement in the actual construction of a facility. 3. Orange County, the Town of Chapel Hill, and the Town of Carrboro will need three (3) LES personnel per event for the first six (6) months of the program. 4. Orange County, the Town of Chapel Hill, and the Town of Carrboro will need six (6) county personnel trained over the first six (6) months of the program. 5. Orange County, the Town of Chapel Hill, and the Town of Carrboro plan to have one (1) event per month. 6. LES will provide at least one (1) supervisor and one (1) chemist per event. 7. Future growth of the initial site and addition of any future sites during the term of this Agreement shall be covered under existing Agreement conditions. 8. A schedule of events will be developed annually by the Sponsor; provided, however, that the Sponsor may amend any such schedule. 9. It is understood that statements for services rendered by LES within Orange County are to be sent to the Town of Chapel Hill, as administrator of the Orange County landfill under an agreement between Orange County, Chapel Hill, and Carrboro, and that all monies used to pay for such services shall be drawn from the landfill fund. Appendix #2 Outline of Services for Chatham County 1. Chatham County is requesting complete involvement on the part of LES in the design, preparation, construction, and permitting of the site. 2. Chatham County will need two (2) LES personnel on site per event for the first year of the program. 3. Chatham County will need eight (8) county personnel trained over the first six (6) months of the program. 4. Chatham County plans to have one (1) event per month. 5. LES shall provide at least one (1) supervisor and one (1) chemist per event. 6. Future growth of the initial site and addition of any future sites during the term of this Agreement shall be covered under existing Agreement conditions. 7. A schedule of events will be developed annually by the Sponsor; provided, however, that the Sponsor may amend any such schedule. Appendix #3 Outline of Services For Wake County 1. Wake County is requesting complete involvement on the part of LES in the design, preparation, construction, and permitting of the site. 2. Wake County will need LES personnel for the duration of the project. 3. Wake County will need two (2) county personnel trained. 4. Wake County will have two (2) events per month. 5. LES shall provide one (1) supervisor and two (2) chemists per event. 6. Future growth of the initial site and addition of any future sites during the term of this Agreement shall be covered under existing Agreement conditions. 7. A schedule of events will be developed annually by the Sponsor; provided, however, that the Sponsor may amend any such schedule. Appendix #4 Outline of Services For City of Durham 1. The City of Durham is requesting complete direction on development and implementation of permanent household hazardous waste collection programs, including facility design, construction, and permitting. 2. The City of Durham will need LES personnel on site for collection days for the duration of the Agreement. 3. The City of Durham will need six (6) city personnel trained. 4. The City of Durham will have two (2) events per month. 5. LES shall provide one (1) supervisor and two (2) chemists per event. 6. Future growth of the initial site and addition of any future sites during the term of this Agreement shall be covered under existing Agreement conditions. 7. A schedule of events will be developed annually by the Sponsor; provided, however, that the Sponsor may amend any such schedule. Appendix #5 Outline of Services for Durham County 1. Services for citizens of Durham County will be initially contracted for by the City of Durham. 2. In the event that Durham County wishes to contract with LES for additional services, Durham County and LES shall revise this Appendix to the Agreement to provide for those services to Durham County. Any such services shall be covered under existing Agreement conditions. { Appendix #6 Pricing Appendix A. Labor 1. On-Site Labor 53.00/hr Chemist (1-3 persons depending upon site requirements) $ 5$ 58.50/hr Supervisor (1 person) 2. Initial Technical Assistance Consulting Services (by telephone) $ 9 No Charge barge Engineering Services 3. Training Option 1: Per person pricing - 2-day program $ 375.00 Option 2: Daily rate for any group up to 35 maximum $2000.00 Rate for two-day training up to 35 maximum $4000.00 Extensive handouts are included in all prices above Cost Analysis: For maximum flexibility, Option 1 "Per Person" pricing can be used and the trainer will travel to each site to train. However, it will be less expensive to take advantage of the Option 2 "Daily Rate" if a group of 6 or more can be assembled for a single day or a group of 11 or more can be assembled for two days of training. The daily rate can be used to train several groups in a single module over a period of time. 4. On-Site Supervisor (1 person) $ 58.50/hr Note: 1 aidlaw will train sponsors'employees in the proper identification, handling, segregation and storage of chemicals received at the permanent collection sites. All training is in strict accordance with 29 CFR 1910.120. Laidlaw will package, transport and dispose of all collected wastes periodically at each county's convenience. B. Labor - Alternate Proposal Complete "turnkey" staffing for project to include site labor and supervision will be: Chemist: $53.00 per hour Supervisor: $58.50 per hour Any additional tasks such as off-loading, bulking of waste or survey taking will be at the same hourly rate as a chemist. Note: Alternate proposal allows for LES personnel to handle all aspects of a permanent rnllprtinn nrnaram_ C. Transportation travel to and from permanent All cost associated with transportation are for contractor tra facilities. $300.00/Trip A. Straight Truck or Van Trailer 5150.00/Trip B. Vans, Pickups, Autos $ 75.00/Ma ight C. Per Diem required) (If overnight stay req D. Materials/Equipment/Supplies All itemized disposal prices include supplies, drums, and packing media. The following materials and equipment list are for any additional supplies required by the counties. 85-gallon salvage drum $ 175.00 55-gallon 17C, 17H, 17E drum $ 44.00 30-gallon 17H drum $ 47.00 20-gallon fiber 21C $ 27.00 5-gallon 37A drum $ 13.00 Cubic yard boxes . $ 19.50 Absorbant $ 12.00 Vermiculite $ 12.00 Silkwik (corn cobs) $ 4.00 4 mil liners $ 4.00 Reactive bags $ 2.00 Forklift or tent Q Cost Protective gear Level I $ 25.00/man/day Level II $ 35.00/man/day E. Disposal By submitting this cost proposal LES (TS), Inc. is committing to the TRSWPC for a three year contract. The unit prices shall remain fixed for the first year of the contract period. The following prices are unit prices good,for all Sponsors contracting separately with Laidlaw. If all four counties collectively contract with Laidlaw the unit prices will be further discounted by ten percent (10%). Prices include transportation, disposal, supplies and materials, are outlined on the following chart. Where consistent with Laws, safety protocols, and the convenience of Sponsors, LES shall transport and bill for full drums of Waste; in instances where drums are less than full, Sponsors shall be charged by LES on a gallon or pound basis if the resulting gallon or pound based price is less than the full drum price. N O .r •.1 'r ri CO Si Om r- n 10 tD a tO yfl N f %O N n 0.4 = r4 n n P N N M N ■ O 4) t` 0 yr n a0 0 0 0 V • •4 • - - - M C�.1 n O N N O • 0 V O 0 to U1 N CA IT CO i- m O. 0 Q cm O 4U 1 n 1D • - - -0 um $ cy, O in to r1 O 0 N ✓ 0 4)• $ 0 n C. m co .4 N m •.1▪ .0 to 0) O ri V O an N 4) M • - - - a. et r4 r4 rm O U'O •d C a0 x'100 aNt) N vNf) n cm cm 0 d)mr co Cu 10 co u) D`O r1 N On a O n t- n n n v O.r1 N • • • • • • • • • • • .4 M OON 0.-ir4NO OrIr'NO r) 00 0 Or+ N ,,,I A 0 iANN NNyV)N N1IfVfNt by C 0 °• • • • • • • • . a 4 • • • • 1 • • . � .41.1.- ri.-1•••1 i.-1.-1 .- . . . .41 .r •-1.-1 . .d.-1 ..1 0 A 0 10 0 0 +0 10 e0 10 10 0 0 10 010 10 0 0 0 y1 4.1 Cr O+01 01 O+O.O+O+ O+Cr Cr on O+ O• Cr 0' O• tr CT OP c .c • NOU) u10Ou10 ►n00U+o Ui ino un inoin e b • Q in n U)n N CI 1n n N 10 u>so in in n a s 4 0 000 0000u0)00 0 4un44 0 00 0 000 coco X .? ONn -4CD Nnn0 0NNn0 n OIn O ONn et.............. aQ V w....+ a U110 U) 4N 144 I0 N V V—V..1 V V.i V V N V 0 O V "' v V -4 0 0 C C id O 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n a — • • 0 • • • • . a a 10 V O4+ 0 U +nUMC 00 1nv1000 0 U10 0 .V Un000 U u) NOm NN000 CNN000 N O in 0 O d 41 ..4 N .'• .K F)NNr1 � 0F) NN .-/mr ri ri10 N OOnN .-1 0 s4 u L 4.4 VN 10 tilt NV)NII! i1 ilk NNNV) N V)V) N ON V)V) 4 M • .i d • a) p E E lid., U a .r 0 a m 0 w0 c C C • 0 C C C C 0 C C C C V►1 O C C C C C C C C M D C O C C C a d ..40000 41 000000 Z0 ••400 .i0 -.4000 0 ,V a .$ O O a u ,4 a .r .•1 ?i a a.i .-1 ?1 .i 10 a ?1 0 ••i u .a ,-4 .-4 a a •,.1 .-1 ri a ri a A .d a .i.i SC .-1 .-r a .1 01.1 CU,"4 v) .•i b .-t .-1 .d C 0 0 14 0 010 0 0 0 0 0 b 0 U i 0 0 0 10 1+ 43 0 0 ..1 .,� O to 4000 0Ll (3 1.30 •^1 fa U (3 CD C) ••+ -1U 1 U •^4 1 U d0 (3 (3 U U .1 -1 `)' C 0 °' Ln00u) 7 Uu) Xu) 7 .Xut -4u+ O1n Cu) ou� ULnoout a aNU .-4 u) OlAn aJ u a au) n Ct!) 1•iN U t!) 1'1N 0 d a a C r01 C ..i 1Q H a CC to co 4 • A a F. Miscellaneous $ 75.00 each • Analysis of Unknowns (fingerprint analysis) • Waste Oil Disposal $ 75.00/55-goon drum (if local oil recycler cannot handle) • Gas Cylinders Disposal Case-by-Case • Batteries - Nickel Cadium $375.00/55-gallon drum (recycle) - Lead Acid $250.00/55-gallon dr un (non-auto batteries) is Appendix #7 Request For Proposals Dated September 14, 1993 The local governments of Chatham, Durham, Orange and Wake Counties, The City of Durham,,and theTowns of Chapel Hill and Carrboro, represented by the Triangle Region Solid Waste Planners Committee (TRSWPC), are soliciting inthousehold hazardous firms tos submit proposals for Consultant Services for tour (4) permanent collection sites. Proposals will be received in eight t copies,1 at:double-sided, and on recycled paper no later than 2:00 p.m. on Friday, October Wake County Office Building Attn: Tom Wester - Purchasing Director P.O. Box 550 336 Fayetteville Street Mall Raleigh, NC 27602 A pre-proposal meeting will be held on nce Room, 100 Park Drive, Research Triangle Triangle J Council of Governments Con Park, NC., thirty days prior to the deadline for RFP submittal. Proposals received after the announced time and date of receipt, by mail or otherwise, will be returned unopened. Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, responsible firms are encouraged to submit proposals. TRSWPC reserves the right to award in part or in whole, or to reject any or all proposals. All Pioposals'submitted shall be submitted in the exact order and format of the Request for Proposal. Any proposal submitted must be signed by an individual authorized to bind the Proposer. :All proposals not submitted in the exact order and format of the Request for Proposal and without authorized signature will be deemed non-responsive and will not be acceptable. During the performance of any contract awarded pursuant to this Request for Proposal (RFP), the Contractor agrees as follows: A. The Contractor will not discriminate against any employees or applicant for employment because of race, religion, color, sex or national origin or handicaps, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. B. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with Federal law, rule 1 • or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Section. The Contractor shall include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each sub-contractor or vendor. D. The Contractor must meet all Minority, Women, and Disadvantaged Business Enterprise requirements which apply to the City of Durham, the County of Durham, and the Town of Chapel Hill (see Attachment A). I• DESCRIPTION OF THE PROJECT The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Contractors to service one (1) permanent household hazardous waste collection site in each of the four counties: Chatham, Durham, Orange and Wake. The Chatham and Orange County facilities would operate once per month and the Wake and Durham County facilities would operate twice per month. This service will involve: (1) identifying, with TRSWPC, the equipment, building and layout necessary to • operate each collection facility; (2) training of local government personnel to allow for the receipt and preliminary segregation of waste; and (3) Contractor classification, packaging, transportation and disposal of received household hazardous waste on an as needed basis. Each collection facility will be operated for limited hours within the established operating hours of the solid waste disposal facilities where they will be located. Waste collected will he disposed of through treatment and recycling or through incineration or landfilling as a last resort. The Contractor must agree to act as the generator and is responsible for keeping accurate records of waste received and for completing all pertinent legal documentation, including, but not limited to, the Uniform Manifest and DOT shipping papers. Copies of these records will be provided to each participating local government. The Contractor must he experienced with household hazardous waste handling and disposal and/or be a licensed treatment, storage, and disposal (TSD) facility. For population and waste generation for counties see Table 1, page 11. For further information regarding this project see Attachment 13 - TRSWPC "A Proposal for Regionally Coordinated Household Hazardous Waste Programs in Chatham, Durham, Orange, and Wake Counties - March 1993." II. TASKS TO BE PERFORMED A. Equipping and Establishing Collection Facility 1. The household hazardous waste collection facilities will consist of a 2 • prefabricated unit, delivered pre-assembled to meet TRSWPC , specifications. Various options and design features will be available • with this unit. The Contractor will be expected to assist TRSWPC in determining the needed and desirable options for these units and to assist in establishing the interior lay out regarding the receiving area, bulking/packaging area, and storage area. 2. Safety requirements must be thoroughly investigated and planned for. The Contractor must assist the local governments in working with community groups, i.e., police and fire personnel, to educate them about the facility and their potential involvement. 3. The Contractor shall assist, upon request of individual local governments, in evaluating environmental concerns regarding the placement of the collection unit at each designated permitted solid waste facility. 4. The Contractor assist, upon request of individual local governments, in obtaining necessary permits to operate the facilities. B. Training of Local Government Personnel 1. The Contractor must establish and maintain a training program for 's , ` local government personnel to enable personnel to receive waste and initially handle waste in a safe, environmentally sound manner to work in conjunction with the Contractor's requirements and waste handling i,:;° methods and to comply with all State, Federal, and local regulations. 2. At minimum, the training program must include: a. Familiarization of local government personnel with any record sheets to he used, with emphasis on the importance completeness and accuracy of records; b. introduction to the categorization scheme: how to determine which of the hazard categories a known waste will fall into; c. Training in emergency procedures including, but not limited to, the use of eyewash, fire extinguisher and spill containment materials; d. Training in basic methods of prevention of accidents on site; e. Training to emphasize the prohibition of eating, drinking and 3 • smoking while handling hazardous wastes and general health concerns. C. Screening and Collection of Waste Local government personnel will survey participants and check for proof of residency within each local government's service area. Business waste is not to be accepted. Promotional literature will indicate that explosives, radioactive materials, biologically active or infectious waste, and asbestos are not acceptable. Should local governments elect to accept excluded waste, the local governments shall he responsible for the proper disposal of this waste. However, if or when such material is delivered, effort must be made by the Contractor to assist the local government in the proper disposal of such materials. The Contractor must attempt to identify received unknowns, and analyze material on site where necessary, to allow for their disposal. In general, it is the local governments' desire to not simply "turn away" a participant and risk improper disposal of waste. D. Waste Identification/Packaging Local government personnel will perform initial waste identification and limited packaging as trained and directed by the Contractor. Contractor shall list specific packaging requirements. The Contractor must make final identification of material for documentation and segregation according to Hazard Class and must bulk or package in containers approved by State and Federal regulations. Each container must be manifested, labeled and coded in accordance with all pertinent State and Federal regulations. E. Temporary Storage Storage time and restrictions will he determined by Federal, State, and local regulations, safety considerations, space demands and expense to the local governments for frequent pick-up and disposal by the Contractor. F. Transportation and Disposal As needed, hazardous wastes are to be transported off-site in vehicles permitted for such transportation, according to State and Federal regulations. Waste must he disposed through treatment and recycling or through incineration and Iandfilling as a last resort at a Federally permitted hazardous waste disposal site, G. Reporting/Documentation The Contractor shall turn over to each local government a listing of all \\'astes 4 • • packaged for disposal prior to leaving each site. The Contractor shall complete all manifest and shipping papers and shall provide such completed records within five (5) working days to each local government once receipt at a disposal facility is complete. The Contractor shall provide documentation attesting that the waste has been properly disposed of. Individual manifests must be submitted to each local government based on its respective collections. III. PROPOSAL INSTRUCTIONS Technical Proposal Each Proposer is to make a written proposal which presents an understanding of the Tasks to be Performed. The Proposer is asked to address each evaluation criterion and to be specific in presenting its qualifications. The Proposer should provide all of the information which it considers pertinent to its qualifications for this project. A. Statement of Understanding and Technical Approach to include: 1. Proposed preliminary work plan with an explanation of the proposed program for executing each of the listed Tasks to be performed. 2. Safety considerations and precautions, and spill contingency plans. 3. An opinion on the potential of shared liability among local governments related to bulking waste materials from multiple jurisdictions. In addition the Proposer may comment on any aspect of the Request for Proposal, including suggestions on possible alternative approaches to the coverage, definition, development and organization of the issues presented in the Tasks to be Performed section of this Request for Proposal. B. Statement of Personnel Qualifications Pull-time and part-time staff, proposed contractors and subcontractors who will be assigned direct work on this project should be identified. Special mention shall he made of direct technical supervisors and key technical personnel, and approximate percentage of the total time each will be available for this project. The Proposer must indicate the nature and extent of participation by any subcontractor or contractor. 1. Resumes of staff and proposed consultants are required which will indicate education, background and recent relevant experience with the subject matter of the project. Current telephone numbers must be included. 5 2. Additional personnel, if any, who will be required for full-time employment or on a sub-contract basis must be identified. The technical areas, character and extent of subcontract or consultant activity will be indicated. Cost Proposal The Proposer must submit a Cost Proposal fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fee. TRSWPC will require a three year Contract, which is contingent upon: (1) participating local governments authorizing funds each year; (2) the successful annual performance of the contractor; and (3) an agreement to maintain prices for the first year of the Contract period. Costs should be addressed as separate categories on a per facility basis. The Proposer shall he required to demonstrate in the Cost Proposal costs for each County by oinll entering into a contract with a single contractor and, on-the other hand, costs for each County by contracting separately. Cost should be delineated as follows: 1. Labor A. On site labor to service the collection facility. Specify number of personnel required arid an hourly rate for each. Cost on a task rate for initial technical assistance as required in 11 A. C. Cost on a task rate for all required and recommended training of all local government personnel during the course of the contract. D. Cost on a task rate for an on-site supervisor. 2. Labor (alternate proposal) - Complete "turnkey" staffing to include site labor and supervision on a task rate. 3. Transportation - All costs associated with transportation of Contractor to and from facilities. 4. Materials/Equipment/Supplies - Identify what would be needed for this project and the itemized expense including drums, vermiculite, etc, 5. Disposal - Prices to include transportation and disposal as follows: 6 • Anticipated # of units Max Waste Unit Price per County Disposal Method Price/Drum Vol./Drum Per Pound per year Landfill,- Lab Pack 55 Gallon 30 Gallon 5 Gallon Incineration - Lab Pack 55 Gallon , 30 Gallon 20 Gallon 5 Gallon Treatment - Lab Pack 55 Gallon 30 Gallon 20 Gallon 5 Gallon Reactive Materials 5 Gallon Bulk - Paint 55 Gallon Bulk - Solvents 55 Gallon Incineration - Aerosols 55 Gallon 30 Gallon 5 Gallon 6. All other miscellaneous fees including analysis of unknowns. 7. Billing - Demonstrate how the cost of each of the previous items would be billed to each local government. IV. INSURANCE REQUIREMENTS A. The Contractor shall he responsible for its work and every part thereof, and for all equipment, appliances and property of any and all description used in connection therewith. The Contractor assumes all risks of direct and indirect 7 damage or injury to the property of persons used or damage or injury to the property of persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract, or in connection in any way whatsoever with the contracted work. B. 1. Worker's Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. 2. Commercial General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. 3. Business Auto Policy: Shall have minimum limits of $5,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and non- owned vehicles, employee non-ownership, and a MCS-90 endorsement for hazardous waste material transportation. 4. Pollution Liability: Shall have minimum limits of $3,000,000 per occurrence and $6,000,000 aggregate and shall include non sudden accidental occurrences for contractor landfill. 5. Environmental Impairment Liability: Shall have minimum limits of $1,000,000 per occurrence and an annual $2,000,000 aggregate and shall include sudden accidental occurrences as well as the contractors off premises liability. C. Special Requirements: 1. The local governments will he named as additional insureds on the Commercial General Liability policy. 2. Current, valid insurance policies meeting the above requirements shall he maintained for the duration of the project. Certificates of insurance on an Accord 255(7/90) or similar form meeting the required insurance provisions shall he forwarded to the local 8 ` I governments for contractor and any subcontractors. Each local government shall receive a certificate and be named certificate holder. Renewal certificates shall be sent to each local government 30 days prior to any expiration date. There shall also be a 30 day notification to the local governments in the event of cancellation•or modification of any stipulated insurance coverage. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the local governments at any time. 3. It shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements that he is required to meet. 4. Hold Harmless: The Contractor agrees to indemnify and hold harmless the local governments from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the contractor except to the extent same are caused by the negligence or misconduct of the local governments. D. . Alternate Coverage - I. If the Contractor does not meet the insurance requirements of these specifications, alternate insurance coverage satisfactory to the local governments may be considered. V. BASIS OF AWARD Award of contract by TRSWPC will he to the most responsible and responsive bidder. Proposers should make written proposals demonstrating their qualifications and understanding of the request for household hazardous waste disposal services, as presented in this RFP. Furthermore, firms must be advised that a mere repetition of tasks taken from the Tasks to be Performed sections shall he considered nonresponsive to the RFP. The Proposer must demonstrate an understanding of the significance of each individual task. TRSWPC reserves the right to reject any or all bids and waive any and all formalities and the right to disregard all nonconforming or conditional bids or counter-proposals and to award the contract to other than the lowest bidder at the discretion and in the best interest of all participating local governments. A preliminary evaluation of all proposals will he conducted based on the information provided in the proposal, the ability of the Proposer to perform, past performance, 9 ability to meet time requirements, principals assigned to the project and understanding of the work to be performed. Based on the results of the preliminary evaluation, the highest rated Proposer will be invited to negotiate a proposed contract to include any changes deemed to be in the best interest of the local governments. If a satisfactory proposed contract cannot be negotiated with the highest qualified Proposer, negotiations will be formally terminated. Negotiations shall then be undertaken with the second most qualified Proposer and so on until a Contractor is selected. Each proposal will be evaluated in accordance with the criteria set forth below: A. Qualifications of the Proposer to perform the services based on rior experiences with household hazardous waste handling and disposal. p B. Qualifications of the Proposer to perform the services based on qualifications of personnel selected to perform same and overall level of effort. C. Proposal responsiveness to Section 11, "Tasks to be Performed." D. Details of the approach and methodology, E. Work plan, project organization and management. F. Reasonableness of the cost. C. The demonstration that there is a financial advantage to each county due to a cooperative effort. H. Safety plan and safety record. 1. Record keeping and documentation. J. Methods to reduce liability exposure. 10 , Table 1 WASTE* GENERATION PER CAPITA FOR YEAR 1990 Tons waste Cor yehr Ponulalioti for year: Tans waste/person .• I990 For year 1.890 Chatham County 30,866 38,759 0.80 Durham County 251,046 181,835 1.38 ' Orange County 100,929 93,851 1.08 Wake County 564,526 423,380 1.33 * Waste includes total solid waste landfilled at publicly owned landfills in each county. 11 • REGIONALLY COORDINATED HOUSEHOLD HAZARDOUS WASTE PROGRAMS IN CHATHAM, DURHAM ORANGE, AND WAKE COUNTIES ADDENDUM #2 Questions/Answers from the Pre-Bid Conference held on September 30, 1993 at the Triangle J Council of Governments Office. Please note the following questions with answers or clarification to be included if applicable in the recent Request for Proposal sent to your Firm. I. Clean Harbors - represented by Geoff Myers Qi What jurisdictions will be responsible for the first four permanent facilities? A: (1) Orange Landfill Owners Group - (Town of Chapel Hill, Town of Carrboro, County of Orange) - contact Blair Pollock (919) 968-2796 (2) County of Chatham - contact Matt Young (919) 542-8239 (3) City of Durham - contact Nancy Clayton (919) 560-4185 (4) County of Wake - contact Phil Carter (919) 856-6835 Q: Can the TRSWPC provide a sketch or site map of proposed sites showing buffer areas, nearest highways, nearest homes, access roads, etc? A: Yes, TRSWPC will provide this information as an attachment to this Addendum. Q: 'Did you know that Clean Harbors will only accept generator status when materials are collected and transported away from the facility? A: Yes, It is assumed this will be the case for all firms bidding. ' Q: Explain the request for delineation of liability in the RFP? A: TRSWPC wishes each Firm to discuss in the RFP the potential risks, if any exist, associated with combining HI-lW waste shipments from two or more jurisdictions in an effort to save money by consolidating loads for transport to disposal facilities. Will the risks outweigh the cost benefits? Addendum #2 Page 4 Q: Is there any preference for contractors which use their own disposal facilities instead of subcontractors? A: No. Q: Have the violations records already been examined? A: Yes, and additional information was sought from some vendors. Q: Do you want the technical and dollar proposals in the same package? A: Yes, in the same envelope, follow the prescribed format. Q: How do you want the joint and separate proposals compared: are dollars and percentages saved both acceptable means of comparison? A: Yes. Q: Are there only four bidders? A: Yes. Q: What is the order importance of the criteria for selection listed in the RFP? A: They are all important. Q: Is it acceptable to submit a generic safety plan until the actual site plan has been decided upon? A: Yes. III. Laidlaw - represented by Elizabeth McCormick and Doug Meurs Q: Will the questions and answers from the pre-proposal meeting be compiled and sent out to each bidder? A: Yes ii Addendum #2; Page 3 II. Chem Waste - represented by James Love Q: What about electricity and water at the four proposed sites? A: (1) Orange County has electricity; (2) Wake County has electricity and water from the City of Raleigh waterline; (3) City of Durham will have electricity and water; (4) Chatham County will have electricity and water July 1, 1994; and (5) If County of Durham builds a site in the future it will probably be at their convenience center/water treatment plant which has electricity and water. Q: Will compressed gas (i.e. propane gas cylinders) be accepted? A: Please provide additional unit prices for household hazardous wastes that you feel your firm can safely handle and dispose of that are not listed in the RFP. Q: What about restrictions or limits on intermediate and temporary storage facilities? A: TRSWPC is not concerned with that kind of arrangement if the regulatory compliance' record is provided and a hazardous waste storage permit exists for the proposed facilities. Through an annual report, TRSWPC will closely track all waste to be recycled or disposed and reserves the right to, at any time, inquire of the status of any waste that leaves its facilities to be recycled or disposed of during the term of the contract. TRSWPC does stress that special consideration will be given to facilities that recycle over facilities that bury or incinerate. Of course, associated costs of different methods will also be considered. Q: What days will each facility be open and will the Contractor have to be there during the actual collection day? A: Ideally, each facility would be open one or two Saturdays per month. If a jurisdiction decides to have its own staff onsite during the collection day after they are properly trained then the contractor would not he required to be there during that time; If a specific jurisdiction chooses a"turn key" approach, then the contractor would have to be present on the specified collection days.Jurisdictions may share the facilities with one another so alternate proposals from bidders due to possible more cost-effective collection scheduling will be welcome. Q: Does the reference to "hazardous waste" on page 4 of the REP regarding transportation refer to household hazardous waste? A: Yes. Addendum #2 Page 2 Q: What entails a good faith effort concerning the waiver of Minority/Women Business Enterprise requirements? A: In the Minority/Women/Disadvantaged Business Enterprise requirements for Durham County, City of Durham, and Town of Chapel Hill there exists forms for which the bidders record their efforts to address the specific requirements for the applicable jurisdictions. Meeting these requirements of the jurisdictions are of the utmost importance. If further questions arise concerning these requirements, it is advised that the applicable jurisdictions be contacted by first calling the individual contact persons listed earlier in this Addendum. An updated policy of City of Durham Disadvantaged Business Enterprises has been attached to this Addendum. Q: Who owns the land where the facilities will be located? A: Wake County -- at North Wake Landfill; Chatham County -- at and Inert Debris Landfill; City of Durham -- at transfer station; Chapel Hll -- at Orange County Landfill, deed of which is in name of Chapel Hill. Q: Will the buildings be leased? A: Each jurisdiction will construct its own buildings and welcomes guidance and technical assistance from the contractor. The jurisdictions are working toward as much uniformity as possible in their structures and may undertake a joint purchase. Q: How may employees will the contractor have to train, and to what level? A: Wake County -- probably 3 people, but may decide to contract out this work; Orange County -- probably 3 people; Chatham County -- probably 2 or 3 people; Durham County -- 3 or 4 people. Contractor recommendations are sought on the number and on the level of training especially on whether it would be better to train employees from scratch or use people who already have haz mat training. Durham will probably use people who already have some training. Contractor recommendations are sought on whether it would be more efficient to train everybody together. Wake and Durham plan to be open twice a month, and Orange and Chatham plan to be open once a month. Q: Are there any restrictions on who can be used as a subcontractor? A: Not if the subcontractor is permitted. Addendum'#2, Page s ° Qs Are the bidders allowed to provide recommendations and suggestions? If so, than because of the way the RFP reads, this will not be possible. ' 'A: The RFP reads that "all proposals not submitted in the exact order and format of the Request for Proposal and without authorized signature will be may not offer responsive.and will not be acceptable. This does not mean proposal suggestions or alternatives based on a Contractor's experience. It just means that bidders must address the specific items in the RFP in the designated order and format: Bidders may offer additional information and recommendations if a need to do so. Please keep the variations from the RFP in the same sections and format as they relate to the RFP and make sure that alternate bids are indicated as such. We respect your expertise and welcome any recommendations that may make the Project a better one. Q: Will the contractor be required to do all packaging or will government staff perform packaging for pickup by contractor? A: It is the intent of the 'I'IZSWPC that if local government staff are employed they will only accept and store the materials at the onsite hazardous waste storage sheds. • Lab packing requirements will be met by the contractor for shipment. -Q Do you plan to store material in the buildings for pick-up later? A: Yes. The contractor could pick up material as needed. Q: Regarding anticipated amounts, is it acceptable to furnish an educated guess? A: Yes. Q: Would the contractor be providing the drums? A: Yes. IV. AETC - re I resented b Lorraine White and Stace Goodwin No questions were asked. Appendix #8 LES Proposal Dated October 28, 1993 j[f li Proposal for Permanent Household Hazardous Waste Facilities Triangle Region Solid Waste Planners Committee Prepared by: Laidlaw Environmental Services, Inc. 208 Watlington Industrial Drive Reidsville, North Carolina 27320 (800) 822-6548 or (919) 342-6106 October 28, 1993 Original Text and All Photocopies on Recycled Paper i{. I, , tit F - _ - r . � #r a X a . { x r11 \t, , 11'21: ( f J 1^i'H Thank you for considering Laidlaw Environmental Services, Inc. I hope that after reviewing our material, you will reach the same conclusion that thousands of businesses throughout North America have reached: That Laidlaw Environmental . '` '' is the right choice, the smart choice and the secure choice for you. I "Am� With Laidlaw Environmental Services, you're assured of excellence at every level. Our service meets your expectations,and then exceeds them. Our commitment .*, -,rYy� : to environmental safety gives you the comfort of knowing your job is being handled right,and in full compliance with the law. Our security is guaranteed by the financial strength of a highly respected, multi-billion dollar parent company. ,. -w ' 1 And our technology promises state-of-the-art protection and preservation of the I AL' world's natural resources. fi- That commitment to excellence has made us an international leader in the safe,.. secure handling of waste. We look forward to putting it to work for you, and to providing the confidence,strength and peace-of-mind you would expect in any , trusting business partnership. * < L,+3-.,,,- 4 , Regards, 4 k/,‘&40.-%-;. ‘C "IF / - , ,,,,,.//4. ,— ; 4,...,,,- ,,,,,,,,, William E.Stilwell Jr. President, Laidlaw Environmental Services Inc. We welcome your comments. Laicllaw Environmental Services Inc. F Post Office Box 210799(29221) 220 Outlet Pointe Boulevard(29210) Columbia SC(800)356-8570 (,, . --vot ( , , , , , _,,„, ,„, r , , , Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 TABLE OF CONTENTS I. CORPORATE PROPOSAL COMMITTMENT 1 II. 'TECHNICAL PROPOSAL 2 A. Statement of Understanding and Technical Approach 2 1. Proposed Preliminary Work Plan (2) a. Equipping and Establishing Collection Facility (2) b. Training Local Government Personnel (3) c. Screening and Collection of Waste (5) d. Waste Identification/Packaging (5) e. Temporary Storage (6) f. Transportation and Disposal (6) g. Reporting/Documentation (6) 2. Safety Considerations (7) 3. Shared Liability (7) 4. Comments and Suggestions (7) B. Statement of Personnel Qualifications 10 1. Resumes (12) 2. Additional Personnel (15) III. COST PROPOSAL 16 A. Labor 16 1. On-Site Labor (16) 2. Initial Technical Assistance (16) 3. Training (16) 4. On-Site Supervisor (16) B. Labor - Alternate Proposal 17 C. Transportation 18 D. Materials/Equipment/Supplies 19 E. Disposal 20 F. Miscellaneous 21 G. Billing 22 H. Site Permitting . . . 23 IV. INSURANCE REQUIREMENTS 24 V. A'1'1'ACHMENTS 25 A. DBE Professional Services Requirement Forms 25 1. Project Consultant Team (25) 2. Minority Employee Breakdown (26) Laidlaw Environmental Services Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 3. Equal Employment Opportunity Affirmative Action Statement (27) 4. Letter of Intent to Perform as a Sub Consultant (28) B. SAMPLE HOUSEHOLD HAZARDOUS WASTE HEALTH & SAFETY PLAN 29 C. HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT 39 Laidlaw Environmental Services 11 Triangle Region Solid Waste Planners Committee Household Hazardous O Waste e I. CORPORATE PROPOSAL COMMITI'MENT Laidlaw Environmental Services (TS), Inc. is pleased to submit this proposal for the Triangle Region Solid Waste Planners Committee permanent household hazardous waste collection program. Laidlaw has participated in over 1,000 HHW collection programs across the United States since 1983 including several in the Triangle area. We have the facilities, technical knowledge, dedicated staff and financial strength to provide 'I'RSWPC communities with the best possible program. All prices and terms quoted in this proposal will remain firm until October 15, 1994. The following Laidlaw personnel have been designated for any discussions or negotiations concerning this proposal: Mr. Thomas Collier Ms. Elizabeth McCormick Facility Manager Manager, Household Hazardous Waste Laidlaw Environmental Services Laidlaw Environmental Services Route 11, Box 3 220 Outlet Pointe Boulevard Reidsville, North Carolina 27320 Columbia, South Carolina 29210 800-822-6548 or 919-342-6106 800-845-1019 or 803-798-2993 FAX 919-342-7767 FAX 803-750-1552 IffiL BY: kJ �J TITLE: Facility Manager Laidlaw Environmental Services 1 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 II. TECHNICAL PROPOSAL A. Statement of Understanding and Technical Approach Laidlaw Environmental Services applauds TRSWPC's decision to implement permanent household hazardous waste collection programs. HHW is an ongoing part of the solid waste stream and should be addressed in an ongoing manner. However, it is difficult to change residents' habits immediately. People are accustomed to either discarding hazardous materials with their refuse or holding these materials indefinitely. Studies indicate that there may be significant amounts of accumulated HHW in homes, and that it takes a "trigger" event to encourage people to evaluate and clean out their hazardous materials. An. example of a trigger event is moving to a new home. Another trigger is the public education and awareness campaign associated with a successful HHW collection program. Collection programs routinely receive banned pesticides such as DDT, as well as other hazardous materials 10, 20, and even 50 years old. Once accumulated materials are removed, individuals may seek to substitute non hazardous products for many of the hazardous materials used previously. Unfortunately, there are no currently available substitutes for products such as motor oil and auto batteries. A safe, convenient, cost effective method of managing HHW is necessary. Laidlaw has assisted several communities in the development and implementation of permanent household hazardous waste collection programs, including facility design and construction; personnel training; site supervision to assist sponsor personnel in gaining proficiency; site operation in cases where the host community chose not to use public employees; and waste packaging, transportation, and management. This experience brings successful ideas developed across the United States and Canada to the TRSWPC program. The following sections of this Proposal itemize the tasks which must he performed in order to establish and operate the TRSWPC facilities, and describes Laidlaw's approach to this project. 1. Proposed Preliminary Work Plan a. Equipping and Establishing Collection Facility Laidlaw has conducted over 1,000 household hazardous waste collection programs across the United States and Canada since 1983. We understand the requirements of these programs, whether one day collections at temporary sites or on-going programs at permanent fixed facilities. The TRSWPC expects the contractor to assist in determining necessary and desireable options for prefabricated HHW collection facilities, including interior layout, receiving area, bulking/packaging area, and storage areas. If selected for this project, Laidlaw is well qualified to provide this type of assistance. We would first review the types Laidlaw Environmental Services 2 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 and quantities of waste expected in each of the four communities within TRSWPC. We would also review specific building and fire codes for each juristiction. The site layouts included with Addendum #2 are very helpful. Distance to property lines and other occupied buildings, as well as surrounding property uses, helps to determine factors such as fire wall ratings and explosion venting panels. Once applicable codes were identified, LES would make recommendations on the size of the prefabricated building, type and number of exterior doors, ramps, interior dividing walls, internal and possible external secondary containment, shelving, electrical requirements, lighting, fire detection and suppression systems, ventilation system, heating and air conditioning requirements, and other types of equipment. LES would be able to assist individual local governments with evaluation of environmental concerns regarding the placement of the collection unti at each designated permitted solid waste facility. Traffic lanes, parking areas, site preparation, exterior work areas, and ancillary facilities such as restrooms, office space, etc. would be included in these site specific evaluations. We would also make recommendations on expendable and non- expendable supplies and equipment which would he necessary or desireable for operation of the facilities. If requested by the TRSWP members, LES could assist with developing bid specifications, then evaluate bids provided by various building and equipment vendors and make recommendations as to the best and most cost effective proposal. Site specific safety and contingency plans must be prepared for each of the permanent facilities. These plans outline the potential interaction between facility operators and local emergency response officials. LES will work with local governments and community groups such as police and fire departments to educate them about the facility and their potential involvement. Finally, LES would assist, upon request, individual local governments in obtaining necessary permits to operate the facilities. LES has successfully completed each of the tasks outlined above for permanent HHW programs. Permanent program references were included with the Statement of Qualification previously submitted to TRSWPC. b. Training Local Government Personnel This program requires the successful contractor to establish and maintain a training program for local government personnel to enable designated personnel to receive waste and intially handle waste in a safe, environmentally sound manner and to work in conjunction with the contractor's requirements and waste handling methods, and to comply with applicable North Carolina, Federal, and local regulations. Laidlaw is very well qualified to accomplish this task. Laidlaw has provided excellent training for our own personnel since the late 1970's. Our programs meet and usually exceed all applicable regulatory requirements, and have often been pointed out as models of appropriate training. Several Laidlaw program outlines Laidlaw Environmental Services Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 and concepts have been incorporated into regulations governing personnel training. The training we provide for non-Laidlaw personnel meets the same high standards as that offered to our own employees. Training would be under the supervision of Mr. Joe Wynne. Mr. Wynne's qualifications are included in the Personnel section of this proposal. We recommend that'1'RSWPC personnel training be divided into two modules, described below. This approach allows individual local governments to take advantage of any hazardous materials training which personnel may have already completed. For example, a qualified hazardous materials technician with the local fire department may not need Module 1, and would complete Module 2 in order to become familiar with specific requirements related to the household hazardous waste program. We believe that this approach will be more cost effective than a "one size fits all" approach. Module 1 Safety Related To Waste Management - 8 Hrs Chemical Hazards/Toxicology Spill Management Use of Fire Extinguishers Emergency Equipment Decontamination General Safe Work Practices Accident Prevention Personal Protective Equipment for HHW Handlers Module 2 Regulatory Requirements for Management - 8 Hrs DOT Standards for Hazardous Materials Identification of DOT chemical hazard classes Fingerprint analysis Containerization of hazardous materials Labeling Marking EPA standards for Hazardous Wastes Storage Disposal Recordkeeping Chemical Segregation Consolidation of Materials Into Single Container (Bulking) Container Contents Sheets & Other Forms '1'RSWPC personnel could be trained either as a single group, or in smaller groups for each individual local government. Training in a single group is recommended both for cost efficiency and to assure familiarity and continuity between personnel from different Laidlaw Environmental Services 4 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 locations. This would allow personnel to substitute for or assist one another if necessary. Coverage could minimize disruptions caused by illness,vacation,jury duty, or other absences from work. c. Screening and Collection of Waste The '1'RSWPC expects local government personnel to survey participants and check for proof of residency within each local government's service area. Laidlaw recommends that the local governments agree to allow residents to utilize any of the collection facilities, with each host community tracking participation by residency and billing other local governments on a pro-rated basis for use by their residents. This approach provides maximum convenience for residents of the entire area, and also helps to fulfill the local governments' desire to not simply "turn away" a participant and risk improper disposal of waste. Laidlaw offers each local government to option of either utilizing government staff, trained by Laidlaw, to receive, screen, and segregate incoming wastes, or to utilize a "turn key" program where Laidlaw personnel operate the collection facility. Please see the Cost section of this Proposal. In either case, waste screening and collection will be similar. Laidlaw recommends that participants remain in their vehicles and allow trained site staff to review the waste and remove it from the vehicle. Participants will be questioned to assure that they are eligible residents, that the presented materials are from households rather than small businesses, and that there are no unacceptable materials. Leaking, damaged, unlabelled, or potentially shock sensitive/explosive materials can be addressed immediately. When personnel suspect that wastes are not from a household, the appropriate local government representative will be notified and site staff will proceed as directed. Laidlaw offers '1'RSWPC communities the option of a Cooperative Commercial Services Program. A Cooperative Commercial Services program would provide convenient, cost effective hazardous waste management for small businesses and is described in more detail in the Comments and Suggestions portion of this Proposal. d. Waste Identification/Packaging Local government personnel (or Laidlaw personnel in turn key programs) will perform initial waste identification and segregation. Laidlaw's procedures, which will be taught to government personnel, are designed to minimize the number of materials which are unidentified. Laidlaw will attempt to identify received unknowns through on-site analysis, supplemented by off-site laboratory analysis if necessary. Local government personnel may perform limited packaging in accordance with their training, but Laidlaw personnel will be responsible for packaging, document preparation, transportation, and treatment, disposal, or recycling of all hazardous materials. It is anticipated that many wastes will be lab- packed. If pumping, pouring, or bulking is required, grounding and explosion proof equipment will be used if appropriate. For both lab-pack and bulk packaging, all containers Laidlaw Environmental Services 5 Triangle Region Solid Waste Planners Committee Household Hazardous October 8 199e used will be of the Department of Transportation specification, type, and size most appropriate for the specific waste type and planned treatment or disposal method. Laidlaw may use fiber, plastic, or steel containers in open or closed head types, in sizes ranging from 5-gallon pails to 85-gallon overpacks. Laidlaw is able to provide all shipping containers, absorbents, drum liners, labels, documents, and other supplies for packaging and removal of collected wastes. When lab-packing, wastes are first segregated according to DOT hazard class, then by chemical compatibility and by the acceptance criteria of specific waste treatment, disposal, or recycling facilities. An absorbent material such as vermiculite or Silk-wik is used to surround inner containers, to prevent breakage, absorb any leaking materials, and to prevent release from the outer (shipping) container. Each inner container is recorded on container content forms, providing a complete record of the contents of every drum. Whether lab-pack or bulk, filled drums are closed, labelled and marked in accordance with DOT and EPA shipping requirements, and information recorded on the manifest. Laidlaw personnel also prepare the generator's notification and certifications required under the land-ban regulations. '1'RSWPC staff will be asked to review the documents, and will be left a complete set of container content sheets, manifest, and notification/certification forms, as well as a list of the supplies and equipment used and hours worked by Laidlaw personnel. e. Temporary Storage Each storage building will be designed to accomodate temporary storage of several classes of hazardous materials. Training will emphasize appropriate waste segregation and requirements for safe temporary storage. Time in storage may vary according to the volume of waste received as well as applicable North Carolina, Federal, and local regulations. Laidlaw will schedule waste pick-up as necessary to minimize expense to the local government while complying will applicable regulations and safety considerations. We do not anticipate that any materials would remain in temporary storage for greater than 90 days, and would expect to remove accumulated_wastes much more frequently than that. f. Transportation and Disposal At the conclusion of the collection day program or when the local government requires a material pickup, containers are properly packaged, labeled, documented and manifested. The containers are loaded and transported via Laidlaw vehicles to our Reidsville, North Carolina facility for temporary storage while final disposal approvals and schedules are arranged. Materials will be stored at Reidsville for less than 90 days prior to labpack consolidation or shipment to final recycling, treatment or disposal. Labpack consolidation will take place at the Reidsville facility. Consolidated materials and other wastes will be routed from Reidsville to the most appropriate final treatment, disposal, or recycling facility Laidlaw Environmental Services 6 Triangle Region So lid Waste Planners Committee Household Hazardous Waste October 28, 1993 for each waste stream. Laidlaw will complete all necessary arrangements for shipment, including sampling, profile preparation, document preparation, scheduling, transportation, and Federal or state reporting. g. Reporting/Documentation Throughout this process, thorough and accurate records will be maintained by Laidlaw and '1'RSWPC personnel to ensure the accurate tracking of hazardous materials from generator to final disposal sites. Container Contents Sheets will detail each drum's contents and waste quantities. Additional records which will be generated by Laidlaw to ensure accurate bookkeeping include: Drum tracking sheet (in house) Uniform Hazardous Waste Manifest Laidlaw Material Profile Sheet - for wastes in bulk (5-gallons or greater) Waste Certification/Notification - to meet requirements of F-Solvent, California and Land Ban requirements. TC Rule Certification/Recertification to meet the TCLP Rule requirements. Certificates of Disposal attesting that waste has been properly disposed of. Individual documentation will be submitted to each local government based on its respective collections. 2. Safety Considerations Enclosed in the Attachments section of this Proposal is an example of Health and Safety procedures used for HHW collection programs. If awarded this contract, Laidlaw will provide Triangle Solid Waste Planners Committee with specific site safety and emergency plans for the collection locations, individually modified, based on the site plans, geographic locations, and the specific needs of each site. 3. Shared Liability 'I'RSWPC does not need to be concerned with risks associated with combining HHW shipments from two or more jurisdictions by consolidating loads for transport to disposal facilities. If Laidlaw transports or arranges for transportation of the waste to a Laidlaw facility or a disposal facility chosen by Laidlaw and provided the waste meets the waste description, is properly packaged, coded, marked and labeled, title and risk of loss, with respect to the waste, shall pass from the Customer to Laidlaw at the time the waste is Laidlaw Environmental Services Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 loaded and signed for at the Customer's facility. Consolidated loads can offer all the counties involved cost benefits as outlined in the pricing section of this proposal. 4. Comments and Suggestions Laidlaw offers the following comments or suggestions: a. Promotional Support Laidlaw Environmental Services pioneered promotional support for HHW collection program sponsors. Laidlaw developed and has available the following support materials at no charge: hats, 11"x 17" posters flyers, T-shirts, thank-you flyer for participants which describes how collected materials will be handled, speakers for schools or community groups, and slides. b. Conditionally Exempt and Small Quantity Generators Laidlaw recognizes that small quantity generators and conditionally exempt generators may face difficulties managing their hazardous wastes in a cost effective, environmentally sound manner. If awarded this contract, Laidlaw is prepared to implement a "milk run" program for small businesses, schools, farmers, and local government agencies. At least once each quarter during this program, participants could have their hazardous waste collected, packaged, transported, and disposed of by Laidlaw. Materials would be packaged at the generator's site and transported for disposal and there would be no minimum billing or quantity restriction for this service - a significant savings for small generators. Participants would be required to contact Laidlaw in advance to complete any necessary waste analysis, regulatory, and billing arrangements. Individual participants would be separately invoiced for their waste and there would be no charge to the individual county for this program. c. Recycling The following materials may be recycled and are described in detail elsewhere in this proposal: motor oil, lead-acid batteries, nickel-cadmium batteries, latex paint, solvent, mercury, usable products collected for the authority. One of the largest waste streams being put into municipal landfills is presently cardboard and paper products. Cardboard and paper products can be separated on the collection site then donated or sold, by the county, to paper recyclers thereby eliminating any unnecessary material in the local landfill. In past programs sponsors of HHW programs have a separate dumpster on site and cardboard boxes and paper. d. Cubic Yard Boxes Laidlaw Environmental Services (TS), Inc. takes pride in finding alternative approaches to reduce the cost and liability of HHW programs. One way Laidlaw Environmental Services 8 Triangle Region Solid Waste Planners Committee Household Oct Hazardous Waste October 1993 to accomplish this is with the use of DOT shippable cubic yard boxes for disposing of paint. These boxes which cost less than one drum, can accommodate 160 one- gallon cans of paint; the equivalent of labpacking nine (9) 55-gallon drums (18 gals. @ 55) or bulking three (3) 55-gallon drums (53 gals. per drum) - each of these methods is extremely time consuming and labor intensive. Packaging paint cans in this manner is much faster, cleaner, safer, neater and more cost efficient than bulking or labpacking paint. e. Useable Latex Paint In past collection programs, Laidlaw has been able to work with local housing authorities to reduce disposal cost of latex paint. Counties can collect all of the good pourable latex, for reuse by housing authorities or other local recyclers. f. Solvent Recycling Solvent recycling will be provided by Laidlaw during the collection day program. As "fuels" (i.e. kerosene, gasoline, solvent, oil) are collected from participants, t hey will be carried to a separate, isolated, bulking tent where the materials will be bulked into 55-gallon drums. By bulking this material as opposed to labpacking each individual item, the cost reduction is tremendous. g. Contract The TRSWPC request for proposals did not contain a proposed agreement between the contractor and either TRSWPC or individual local governments. Enclosed in the Attachements section of this Proposal is Laidlaw's standard HHW Agreement. We respectfully request that TRSWPC consider this document as the basis for any contract. Laidlaw Environmental Services 9 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 B. Statement of Personnel Qualifications The Project Director will have overall responsibility for the program and would serve as '1'RSWPC's principal point of contact. The proposed Project Directors are located at the geographically closest Laidlaw facility in the Triangle Region, and do not currently have other HHW contracts which would interfere with necessary oversight and attention to this TRSWPC project. A Project Manager is a senior Field Chemist with supervisory experience on at least three household hazardous waste programs. The Project Manager must have successfully completed OSHA 40 hour training as described in 29 CFR 1910.120. The Project Manager is responsible for overall site operation, supervision of all Laidlaw personnel, and interface with the client. Again, the personnel listed as possible Project Managers are located at the Reidsville facility and do not currently have responsibilities with other HHW contracts which would interfere with necessary oversight and attention to this project. All Chemists have a bachelor's degree in chemistry or a related science, and have successfully completed at least 24 hours of training as described in 29 CFR 1910.120. Chemists are responsible for handling, segregating, packaging, manifesting, labelling, and routing collected waste for recycling, treatment, or disposal at appropriate TSDR facilities. Chemical Technicians have, at a minimum, completed 24 hour EPA and OSHA training programs per 40 CFR 264.16 and 29 CFR 1910. Many of Laidlaw's Chemical Technicians have degrees or college level work in chemistry or related sciences. Chemical Technicians will work under the supervision of Chemists to unload cars, bulk materials, handle paints, and package wastes. Drivers must have an appropriate commercial license, two years verifiable over the road experience, prior hazardous materials experience, clear motor vehicle record including no license suspensions or court appearances for traffic violations, no drug or alcohol related dependencies, and a valid medical examiners certificate. Drivers complete the 24-hour OSHA training program and are qualified to assist Field Chemists. The Health and Safety Officer will be responsible for site safety at the collection location. Please see the list of personnel who may be assigned to work on this program. Before waste collections, personnel at the Reidsville facility will prepare vehicles and equipment. After the collection, Laidlaw staff will complete any necessary laboratory work, route waste for shipment to final recycling, treatment, or disposal, prepare documents necessary for shipment, and prepare follow-up reports. Enclosed are charts showing Laidlaw's proposed project management structure and specific activities associated with TRSWPC's program. Additional project support during project planning, implementation, and follow-up would be provided by personnel from Laidlaw's Reidsville, North Carolina service center and Columbia corporate staffs. Laidlaw Environmental Services 10 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Laidlaw Environmental Services TRSWPC HHW Program Project Management Structure TRSWPC Laidlaw Project Project Director Management Laidlaw Laidlaw Off-Site Laidlaw Off-Site On-Site Personnel Personnel Personnel Reidsville Corporate HHW Project Manager Customer Service Manager Chemists Waste Routing Legal Counsel Personnel • Chemical Health and Safety Technical Technicians Officer Training Drivers Quality Control Health and Safety Laboratory Department Administrative Regulatory Support and Manifest Personnel Compliance Personnel Laidlaw Environmental Services 11 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 1. Resumes If awarded this contract, Laidlaw would select personnel from the following lists of full-time permanent Laidlaw personnel: PROJECT DIRECTORS Thomas W. Collier - Thomas is presently Reidsville's Facility Manager. He has ten years of experience in the hazardous waste industry, ranging from Field Chemist to Facility Manager. He has participated in some capacity, in more than thirty-three household waste collection programs from California to the east coast. Jackie Noles - B.S. Chemistry, University of Maryland. Jackie is presently LES-Reidsville's Facility Operations Manager. Jackie has ten years of experience in the hazardous waste industry, ranging from permitting to waste routing to operations. She has participated in more than thirty-three household waste collection programs from Florida to New England. PROJECT MANAGERS Wendy White - B.A. Chemistry, University of North Carolina. Wendy is presently LES- Reidsville's Senior Material Routing Supervisor. Wendy has six years experience in the Hazardous Waste Industry and has participated in more than fifteen household waste collection programs from Florida to New England. Cedric Smith - B.S. Chemistry, Wofford College. Cedric is presently a LES-Reidsville's Material Routing Supervisor. Cedric has 3 years of experience in the hazardous waste industry and has participated in ten household hazardous waste collection programs. Matthew Richter-B.S.Chemistry,West Virginia State College. Presently a LES-Reidsville's Material Routing Supervisor. Matt has 4 years of experience in the hazardous waste industry and has participated in 13 household hazardous waste collection programs. Steve Grover - B.S. Natural Science, Indiana University in Pennsylvania. Steve is presently LES-Reidsville's Labpack Manager. Steve has 4 years of experience in the hazardous waste industry and has participated in 24 household hazardous waste collection programs. OTHER PERSONNEL Roger Sheff - attended A&T in Greensboro, is presently LES-Reidsville's Transportation Manager. Roger has 7 years of experience in the hazardous waste industry and has participated in more than 25 household hazardous waste collection programs. Laidlaw Environmental Services 12 Triangle Region Solid Waste Planners Committee Household October Hazardous Was e Ann Peery - B.S. Geology, UNC-Chapel Hill is currently LES-Reidsville's Bulking Assistant Supervisor. Ann has 5 years of experience in the hazardous waste industry and has participated in 13 household hazardous waste collection programs. Doug Meurs - is presently LES-Reidsville's Technical Sales Representative for the Triangle region. Doug has 5 years of experience in the chemical and hazardous waste industries and has participated in over 10 household hazardous waste collection programs. Jeff Skinner - B.S. Science Education, North Carolina State. Presently LES-Reidsville's Labpack Manager. Jeff has 3 years of experience in the hazardous waste industry and has participated in 13 household hazardous waste collection programs. Bob Mulholland - B.S. Chemistry, Bridgewater College is currently LES-Reidsville's Laboratory Manager. Bob has 7 years of experience in the hazardous waste industry and has participated in 10 household hazardous waste collection programs. Jim Spigner - B.S. Chemical Engineering, University of South Carolina. Presently LES- Reidsville's Compliance Officer. Jim has 8 years of experience in the hazardous waste industry and has participated in 12 household hazardous waste collection programs. Shari Roney - B.S. Biochemistry, Virginia Tech, Old Dominion. Currently LES-Reidsville's Health and Safety Officer. Sherri has worked 4 years in the hazardous waste industry and has participated in 43 household hazardous waste collection programs. Additional Laid law Personnel Additional Chemists, Chemical Technicians, and Support Personnel are listed below along with the number of household hazardous waste programs they have participated in. These are all full-time, permanent- Laidlaw employees in the Reidsville facility. If necessary, Laidlaw may supplement'1'RSWPC's program with personnel from other Laidlaw locations. Any such personnel will have successfully completed the personnel training program described in this Statement of Qualifications. Laidlaw Environmental Services 13 , 1 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Name HI1W Programs Name HHW Programs Gregory Hopkins 2 William Irving 2 Ronnie Jones 2 Ron Meeks 2 Randy Lawson 9 Doug Summers 6 William Timpson 4 Jerry Wade 9 Roger Pinnix 2 Paul Carter 4 Perry Rexroad 4 Jon Burkert 8 Tom Collier 8 John Muller 6 Barry Foust 2 Joey Atkins 4 Lee Wilkins 15 Wayne Bishop 6 Cedric Smith 6 James Blake 6 Julius Murray 15 Michael Griffin 4 Jon Hall 6 Kurt Keskinen 6 Eddie Raynard 9 John Madison 25 Jeff Poupart 6 Walt Finch 6 Allene Boaz 6 Alva Wilson 2 Sam Harris 4 Kenny Dalton 4 Mary Jones 4 Lee Richardson 16 Lisa Doyle 5 Rodney Mann 4 Donna Scott 4 Joy Baker 16 Debbie Evans 16 Joseph Chambers 4 Darrell Bo ler 4 Keith Womble 4 Raynard Thompson 4 Eric Andrews 4 Brian Land 4 Walston Willis 4 Marlowe Macklin 6 David McDaniel 5 Blackwell 8 Chuck Cormack 19 Wray Davis 6 , Dudley Currin 6 Mike Galloway 4 Artie Odom 4 Allen Owens 6 Roger Pickard 4 Andy Furgason 6 Patrick Hawker 4 Ron Din Ide 4 Ken Dawson 4 David Crump ler 4 Chris Hart 25 Joey Stone 19 Mike Peery 19 Ruth Hart 9 Sally Jones 7 Doug Meurs 5 Monona O'Kelly 4 Chris Carter 3 Darla White 3 Laid law Environmental Services 14 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Off-site Personnel Laidlaw's on-site personnel are supported by other LES personnel with expertise in health and safety, transportation, regulatory compliance, household hazardous waste, personnel training, hazardous waste management, law, and contract administration. If awarded this contract, LES anticipates that the following personnel would be involved in assuring a safe, successful program for TRSWPC: Elizabeth McCormick - Manager, Household Hazardous Waste. Ms. McCormick has 13 years of experience in hazardous waste management, including health and safety, regulatory compliance, licensing and permitting, personnel training, and household hazardous waste. She has overall responsibility for Laidlaw's household hazardous waste programs, and has participated in numerous HHW programs in capacities ranging from laborer to Project Director. She has participated in numerous Household Hazardous Waste program on the east coast in capacities ranging from planning and preparation of the program to ultimate waste disposal and invoicing. Gwendolyn T. Hill - District Sales Manager. Ms. Hill has 10 years of experience in hazardous waste management. She has direct supervision over 6 Technical Sales Representatives, and has participated in more than 30 programs in Florida, New Mexico, Virginia, North Carolina, and South Carolina. Joe Wynne -Laidlaw's Manager of Customer Training. He has been training adults for over ten years in subjects from computers to natural history. He has a Bachelor of Science in Biology. He began as a field chemist with Laidlaw, picking up waste from large and small generators, while helping them maintain compliance with DOT and EPA regulations. As a training manager at Laidlaw, he has developed efficient systems for meeting the many regulatory training requirements. Now specializing in customer training, he manages the Laidlaw training service, using the latest in adult training techniques, from Canada to Mexico. A major project nearing completion is the pioneering development of advanced HM-181 training and reference materials. Joe is known for his use of humor in making the complex information enjoyable to learn. 2. Additional Personnel Laidlaw Environmental Services (TS), Inc. proposes to provide all services for the regionally coordinated Household Hazardous Waste Programs in Chatham, Durham, Orange, and Wake counties without the utilization of additional personnel, sub-consultants or sub- contractors. Laidlaw Environmental Services 15 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 III. COST PROPOSAL A. Labor 1. On-Site Labor 2. Initial Technical Assistance 3. Training Option 1: Per person pricing - 2-day program $375 Option 2: Daily rate for any group up to 35 maximum $2000 Rate for two-day training up to 35 maximum $4000 Extensive handouts are included in all prices above Cost Analysis: For maximum flexibility, Option 1 "Per Person" pricing can be used and the trainer will travel to each site to train. However, it will be less expensive to take advantage of the Option 2 "Daily Rate" if a group of 6 or more can be assembled for a single day or a group of 11 or more can be assembled for two days of training. The daily rate can be used to train several groups in a single module over a period of time. 4. On-Site Supervisor Laidlaw Environmental Services 16 Ii Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 B. Labor - Alternate Proposal Complete "turnkey" staffing for project to include site labor and supervision will be: Chemist: $53.00 per hour Supervisor: $58.50 per hour Any additional tasks such as off-loading, bulking of waste or survey taking will be at the same hourly rate as a chemist. Note: Alternate proposal allows for LES personnel to handle all aspects of a permanent collection program. Laidlaw Environmental Services 17 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 C. Transportation All cost associated with transportation are for contractor travel to and from permanent facilities. A. Straight Truck or Van Trailer $300.00/Trip B. Vans, Pickups, Autos $150.00/Trip C. Per Diem $ 75.00/Man/Night (If overnight stay required) 1 Laidlaw Environmental Services 18 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 D. Materials/Equipment/Supplies All itemized disposal prices include supplies, drums, and packing media. The following materials and equipment list are for any additional supplies required by the counties. 85-gallon salvage drum $ 175.00 55-gallon 17C, 17H, 17E drum $ 44.00 30-gallon 17H drum $ 47.00 20-gallon fiber 21C $ 27.00 5-gallon 37A drum $ 13.00 Cubic yard boxes $ 19.50 Absorbant $ 12.00 Vermiculite $ 12.00 Silkwik (corn cobs) $ 4.00 4 mil liners $ 4.00 Reactive bags $ 2.00 Forklift or tent @ Cost Protective gear Level I $ 25.00/man/day Level II $ 35.00/man/day Laidlaw Environmental Services 19 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 E. Disposal By submitting this cost proposal LES (TS), Inc. is committing to the'I'RSWPC for a three year contract. The unit prices shall remain fixed for the first year of the contract period. The following prices are unit prices good for all four counties contracting separately with Laidlaw. If all four counties collectively contract with Laidlaw the unit prices will be discounted by ten percent (10%). Prices include transportation, disposal, supplies and materials, are outlined on the following chart. Laidlaw Environmental Services 20 Li) 0 ',1• H -.14 44' H 03 14 a N H 0 r- rn LO w H M 0 in vo in N NW C-- 01 O .X 5 5 5 5 5 5 , >4 Ca H 01 Ln OH o kr, 0) NN N )-4 0.1 • 4) El • 0 0 . N H ri 0 LI) LO U) N O 4.3 N. 0 ' rn MO 0 0 C..) 0 H .4, al CO .cr M N S ... ... 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F CI la •—i 01 01 'CI '0 ....4 t.4 000 C1) 00000 00000 0 00 0 000 CO 0 000 000000 00000 0 00 0 000 0 0 ..... ■. • • • 0 • • • • • 4 4 • • 0 • • • • (f) 0404 = 1:, 0 OMO UMM000 MM000 0 MO 0 ca ul 0 0 4-1 u -.-1 U) N0) NH NN000 ONN000 •XMNNH "cr OMNNH "1 N H MM HW 0 HNMO 4.44.4 N 0 r-3 N H 0 0 1.4 0 H •-4 H (1 77 o a, m-fil.va- mcf)-0-1-w-urv),- 4ic1l-tr•01-01-4.0- IA- ulpol. Ca 001-01-4A. ..... U (a4 Ca w $4 a) a) O ..... ..X 73 H a) .0 A (ID 0 A X —1 X rd X 4 E E 1 rd id 0 H 0 —1 0 u) C C O H o a, ..-) as) 0 co 1-1 co -1-) I 00 O 0 4 I ul a) 0 . La -P A C '0 C '0 4-) P 'cl (11 C ok 0 0 M000 OCCCCI.4 OCCCCI4 MC CCS-1 › C 0000 ww W 04 X 14000 —10000M 00000M ZO HOM HO H000 W W 1HHH 4-1HHHH }4 HHHH >4 H M H >4 0 H -p H H H al Ca -.-1 H H H H H it H H H H ,XHHHH W H ta4 H U) H Ca H H H 0404 Co) 0 Cal H a1 d rd 3-4 al M 14 rd u u al rd cr1 rd u > rd CaO M .irrIlta1 GI) W —1000 W0000 -1 M0000 -1 —10 10 -1 10 0000 00 0 4-1 C A 11, A 4-1 A C —1 -1 ;.. TIMOM HMOOM0 MOOM0 Um •-sCM0 gM HMOM 4..) .0 .-, W CMM UMMN 0 ,ClUlrIN 0 M HOU HO UMM C C 1... . •,-1 al C rd a) 0 0 0 Ka •4 0 ,-1 I-I .-1 Ix co a) 11 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 E. Disposal (coned) The estimated number of pounds per county per year is based on volumes received at recent HHW collection programs held in the cities of Durham, Raleigh and Winston- Salem (see Recent Program History Chart) and was calculated as follows: #f of Pounds of Waste received per category from cities combined divided by: Total Population of the Cities combined multiplied by: The population of each county For example: Based on the following 1991 population figures: City of Durham - 100,831 Durham County - 152,785 Raleigh - 149,771 Orange County - 77,055 Winston-Salem - 131,885 Chatham County - 33,415 Wake County - 300,883 For the Incineraton-Lab Pack Category: 1,120 lbs. + 1.695 lbs. + 1,840 lbs. = .012 100,831 + 149,771 + 131,885 The estimated number of pounds per county per year would be: Durham County 152,785 x .012 = 1,833 lbs. Orange County 77,055 x .012 = 925 lbs. Chatham County 33,415 x .012 = 401 lbs. Wake County 300,883 x .012 = 3,610 lbs. By using this method the average participation rates are automatically accounted for and the estimated number of pounds per category per year for each county is based on actual volumes received at collection programs from comparable North Carolina areas. Laidlaw Environmental Services 22 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 1 E. Disposal (cont'd) RECENT PROGRAM HISTORY CHART Disposal Method Pounds of Waste Received Durham Raleigh Winston-Salem Landfill - Lab Pack 825 1,040 100 (Asbestos, Prescription medicine, empty drums, solid latex paint) Incineration - Lab Pack 1,120 1,695 1,840 (Oxidizers, Pesticides) Lab Pack Consolidation 10,825 14,960 19,710 (Poisons, Acids, Bases Flammable, ORM-A, ORM-E Liquids, Solids) Reactive 90 0 120 (Sodium Metal, Hydrides, Hydrates) Bulk - Paint 16,000 37,800 50,600 (Enamel) Bulk - Paint 9,250 18,200 400* (Latex) *The City of Winston-Salem processed their own Latex Paint. Bulk - Solvent 2,700 15,300 10,350 (Gasoline, Kerosene, Antifreeze, Brake Fluid, • Organic cleaners, solvent) Incineration - Aerosols 1,200 2,310 4,800 Laidlaw Environmental Services 23 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 F. Miscellaneous • Analysis of Unknowns $ 75.00 each (fingerprint analysis) • Waste Oil Disposal $ 75.00/55-gallon drum (if local oil recycler cannot handle) • Gas Cylinders Disposal Case-by-Case • Batteries - Nickel Cadium $375.00/55-gallon drum (recycle) - Lead Acid $250.00/55-gallon drum (non-auto batteries) Laidlaw Environmental Services 24 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 G. Billing A daily worksheet will be completed at the end of each project day by the Laidlaw field personnel outlining all the materials utilized and quantities of waste packaged for disposal. Upon completion, this form will be reviewed and signed by both the Laidlaw representative and the County representative if acceptable. This form (sample enclosed) will become the mechanism for generating an accurate invoice. In essence, the daily worksheet allows the County representative to know his total daily costs at the end of the work day. Each county will be invoiced at the itemized unit prices enclosed in the disposal cost section of this proposal. Invoices are itemized per waste stream and can be cross referenced to the actual shipping manifest. A sample invoice is also enclosed for your reviewal. Laidlaw Environmental Services 25 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 IV. INSURANCE REQUIREMENTS Laidlaw offers TRSWPC significant liability protection. We provide the following standard insurance coverage: (a) Worker's Compensation - $1,000,000 or statutory; (b) Employer's Liability - $5,000,000 per occurrence; (c) General Liability (bodily injury and property damage) - $5,000,000 per occurrence, $10,000,000 annual aggregate combined single limit; (d) Automobile Liability - $5,000,00 per occurrence combined single limit; (e) Environmental Impairment Liability for sudden accidental occurrences, for LES Service's facility - $1,000,000 per occurrence, $2,000,000 annual aggregate; (f) MCS-90 Endorsement for hazardous materials transportation, including environmental restoration - $5,000,000. If awarded this program, LES would provide each local government with an Accord Form Certificate of Insurance showing coverages a, b, c and d above, naming the local government as additional insured with respect to general and automobile liability and noting the County's interest. If requested, Laidlaw is also able to provide TRSWPC with a performance bond at a very low cost of 0.9% of face value. This low bond premium reflects Laidlaw's financial strength and history of good contract performance. Insurance coverage and the performance bond are not the only liability protection Laidlaw provides. Laidlaw takes title to all materials we accept at the collection program. When material is processed at our Reidsville facility and shipped to final treatment, disposal, or recycling facilities, Laidlaw appears on manifests as the generator. Laidlaw even offers to indemnify TRSWPC local governments against our negligence and wrongdoing, without dollar limitation, backed by the full financial strength of the corporation. Finally, we offer the best protection of all - a,proven history of performing hundreds of household hazardous waste collections without incident or accident. Our legal staff carefully reviewed the insurance requirements contained in the TRSWPC request for proposal, and respectfully request that two changes be made: 1. Page 9, item C2 states that "original policies or certified copies of policies may be required by the local governments at any time." Our policies cover not only to household hazardous waste, but our other hazardous waste operations, Laidlaw Inc.'s solid waste and school bus operations. The policies contain proprietary and confidential business information and cannot be released. Laidlaw Environmental Services 26 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 2. Page 9, item C4 is the Hold Harmless clause. Please substitute the language contained in Laidlaw's sample Agreement. Alternatively, please modify the current language by inserting "to the extent" before "caused" and deleting "in whole or in part" and adding the following reciprocal indemnification: To the extent allowed by law, the local governments shall indemnify, hold harmless and defend LES from and against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees) which may be alleged against LES or which LES may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental laws, regulations or orders, to the extent that such damage was caused by the local governments' or the local governments' agents' negligent, willful or intentional act or omission, breach of contract or a failure of the local governments' warranties to be true, accurate or complete. Laidlaw Environmental Services 27 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 V. ATTACHMENTS A. DBE Professional Services Requirement Forms 1. Project Consultant Team .7 Laidlaw Environmental Services 28 . 6F 51 . . 1 . .. . . : g . I 6-Y - ' .' it I . ei \ 1-5 - –1 1 g U a g ,,,E . 9„ _ . 5 1 ' . i . 5 . '. E -' s , 5 . . .. , • 1 5 '" . ... 5 . - - • 2$ 1" • - , R. ` 2 • . 1 j . . . j . v . . ,-, ::..: ., , , ,,. R R . g - k . J csb. ccs) . 5 . .. . , c- - cD- Q'. . g L . ,,-- -$_\ (-_-_:> ,,$), 4 . 1 , w , ,,, s. . .4 • -=. .,-6 . — , :,,,?. _ . . . , , . g . 41 .' 1 L' ' - g g X11 . 1 ' L Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 3. Equal Employment Opportunity Affirmative Action Statement The purpose of this affirmative action program is to further the Company's policy of making all personnel decisions solely on the basis of the individual applicant's or employee's ability and willingness to do the job, without regard to rate, color, national origin, sex, or religion. Nothing in this program shall be construed to require the Company to accord any preference to any applicant or employee on the basis of race, color, national origin, sex or religion, or to prefer any applicant or employee who is less willing or qualified over one who is more willing or qualified to do the job, or to take any action which has been found by the Supreme Court to be unconstitutional or illegal. The position of the Company and of its Chief Executive Officer regarding equal employment opportunity has been previously stated and is hereby reaffirmed as follows: i aidlaw is committed to providing equal opportunity in all practices and policies which affect employees and applicants for employment. Laidlaw will ensure that decisions affecting employees are made without regard to their race, color, religion, national origin, sex, age, ancestry, handicap, or veteran status. This policy is intended to cover, but may not be limited to, personnel actions like: Employment upgrading, promotion, demotion or transfer, recruitment or recruitment sources, layoff and recall, termination, rates of pay and other compensation and selection for training. Laidlaw's practices and policies are administered in accordance with pertinent state and federal laws including Title VII of the Civil Rights Act of 1964, as amended; Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; Age Discrimination in Employment Act of 1967; Equal Pay Act; Vietnam-Era Veterans' Adjustment Assistance Act of 1974, and all other legislation prohibiting discrimination. Human Resources is responsible for formulating and monitoring Laidlaw's Equal Employment Opportunity and Affirmative Action Policy. Anyone having questions regarding these efforts or policies may contact Human Resources, at the Corporate Office, 220 Outlet Pointe Boulevard, Columbia, S.C., 29210. Laidlaw's Equal Employment Opportunity and Affirmative Action Policy requires the commitment of every manager and supervisor, and all employees are expected to participate in and actively support these efforts. Laidlaw Environmental Services 30 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 4. Letter of Intent to Perform as a Sub Consultant Laidlaw Environmental Services (TS), Inc. proposes to provide all services for the regionally coordinated Household Hazardous Waste Programs in Chatham, Durham, Orange, and Wake counties without the utilization of sub-consultants or sub-contractors. l Laidlaw Environmental Services 31 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 B. Sample Household Hazardous Waste Health & Safety Plan Safety and Emergency Procedures INTRODUCTION The goal of a household hazardous waste collection program is to properly and safely package, transport and dispose of hazardous materials from personal households. These hazardous materials may include cleaning compounds, and cleaning solutions, solvents, paints and paint related substances, cosmetics, oil, hydraulic fluid and old car batteries, pesticides, herbicides and old medicines and many other types of substances. These substances may be potentially harmful and cause injury to persons or the environment. All work activities will be conducted following procedures that will minimize or eliminate the possibility of an injury-producing incident. This health and safety plan identifies certain work procedures and equipment that are used during the household hazardous waste collection projects. This plan may have to be changed or modified to accommodate special circumstances. As a part of the health and safety plan, an additional measure taken by Laidlaw to minimize the likelihood of environmental or personnel damage is the emergency response (contingency) plan. The plan details response actions for specific incidents that may occur during the work. These actions are designed to minimize the effect of an incident, to reduce the response time to an incident, and to provide steps to follow in case of an emergency. The contingency plan addresses general items common to each possible type of incident such as communications, emergency phone numbers, first aid, off-site services and emergency equipment. PUBLIC INFORMATION PROGRAM If the public information program conducted prior to the Clean-up Day is effective, it will reduce the potential for an unforeseen problem since participants will be better informed of instructions relating to the event. Information conveyed through a multi-media campaign will: • clearly describe what materials will be accepted at the event; • require prior notification to the County (and Laidlaw) for any material in a container larger than 5 gallons or a solid greater than 75 pounds; • stipulate that materials must be in secure, labelled containers; • encourage participants to wrap or contain materials properly before transporting them to the event; • make known that participants in the event are strictly limited to household residents bringing household waste from their home; • stipulate that small children and pets are not to be brought to the cleanup day. RESPONSIBILITIES The following personnel are responsible for various aspects of the health and safety plan and public safety during the project. Laidlaw Environmental Services 32 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Project Manager: The Project Manager oversees Health and Safety issues for activities directly related to the project operational efforts and assures that on-site supervision meets corporate standards. Project Supervisor: The Project Supervisor shall direct on-site operational efforts. At the project site the Project Supervisor, assisted by the Health and Safety Supervisor has primary responsibility for: • Assuring that all field personnel have met the training requirements; • Assuring that personnel are aware of the provisions of this plan and familiar with planned procedures for dealing with emergencies; • Assuring that personnel are aware of the potential hazards associated with site operations; • Assuring that appropriate personal protective equipment is available and properly used; • Monitoring the safety performance of all personnel; • Correcting any work practices or conditions that may result in injury or exposure to hazardous substances; • Preparing any accident/incident reports; • Implementing all aspects of the I aidlaw Injury & Illness Prevention Program as applicable to the project site. Health and Safety Regional Manager: The Project Health & Safety Manager generally will not be involved directly in site activities. However, the Health & Safety Manager will provide the following function in support of the field activities: • Maintain an adequate inventory of equipment in good working order; • Maintain all necessary files and records; • Be available for consultation by the Project Supervisor or Health and Safety Supervisor; • Modify health and safety equipment or procedures based on data gathered at the project site; • Provide occasional site audits to verify adherence to the site safety requirements. Health and Safety Supervisor: The Health and Safety Supervisor or Designee will be responsible for implementing the health and safety plan during site operations. The Health and Safety Supervisor has the authority to stop work for health and safety reasons. Other specific responsibilities include: • Verifying that all employees work in a safe manner according to the health and safety plan; • Establishing guidelines for wearing and decontaminating (if necessary) personal protective equipment; • Observing work party members for sign of exposure or stress; • Immediately reporting any unusual or unsafe conditions to the Project Supervisor; Laidlaw Environmental Services 33 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 • Informing all personnel involved in site operations of the proper procedure during an emergency; • Providing first aid if necessary; • Identifying all personnel involved in site investigation with special medical problems; • Ensuring all monitoring equipment that may be used is properly maintained and in good operating order. MEDICAL PROGRAM Laidlaw has an established medical screening and health surveillance program for all of its employees who are engaged in hazardous materials work. All employees are required to participate in pre-placement and annual drug and alcohol testing also. This examination exceeds the requirements of 29 CFR 1910.120(f) for hazardous waste site operations and emergency response. TRAINING PROGRAM All personnel assigned to this project will have completed appropriate health and safety training in accordance with the OSHA standard in 29 CFR 1910.120(e). All field employees will receive a minimum of 40 hours classroom training and a minimum of three days of field experience under the direct supervision of a trained, experienced supervisor. The nature of the work assignments and potential site hazards may pose lesser degrees of risk that would require 40 hours of training. Laidlaw, nevertheless, requires a thorough and satisfactory level of safety awareness be achieved by all employees providing a more competent, flexible, and injury free workforce. PERSONAL PROTECTIVE EQUIPMENT Personal Protective Equipment (PPE) is necessary when handling hazardous materials to prevent skin contact with harmful substances. Normally, Laidlaw personnel will not be opening containers, so airborne exposures will be minimal. However, PPE is needed to protect persons from spills, broken containers and sharp objects. PPE that is to be worn by Laidlaw personnel are specified according to Health & Safety S.O.P's Examples of typical PPE which would be utilized at household hazardous waste collection programs are: • Persons Removing Waste From Cars or Pickup Trucks--Level II: - Chemical resistant (polyethylene coated type) coveralls Safety glasses with side shields - Chemical resistant gloves with outer leather or other puncture resistant gloves (optional) - Safety shoes Laidlaw Environmental Services 34 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Note: Depending on the substances being handled a higher level of PPE including chemical resistant coveralls, appropriate respirators and goggles or face shield may be required. • Persons Opening Containers and Bulking Waste--Level II: Chemical resistant coveralls (polyethylene-coated type or equivalent) Full-face shield - Safety glasses - Polyurethane or other chemical resistant safety boots - Respirator with organic vapor cartridge and high efficiency particulate air (HEPA) filter if necessary (as determined by the waste material being handled) - Chemical resistant inner glove and outer puncture-resistant (leather) glove • Persons Segregating Waste from Vehicles--Level I: - Safety glasses (with chemical splash goggles or full-face shield when necessary) White Tyvek with vinyl apron - Chemical resistant safety shoes/boots - Respirator (as required) - Chemical resistant inner glove and puncture resistant outer glove • Persons Who Sample Household Hazardous Waste--Level II: - Full-face shield and safety glasses - Chemical resistant coveralls - Chemical resistant safety shoes/boots - Respirator (as required) - Chemical resistant inner glove and outer puncture resistant glove • Persons Lab Packing Household Hazardous Waste--Level I or Level II: Safety glasses (with goggles or full-face shield when necessary) - White Tyvek with vinyl apron or chemical resistant coverall - Polyurethane or other chemical resistant safety boot - Respirator (as required) - Chemical resistant inner glove and puncture resistant outer glove Note: Persons handling or moving drums may require metatarsal safety shoes. Regular safety shoes may be substituted for chemical resistant safety shoes (polyurethane boots) when no chemical exposure hazard exists. Laidlaw Environmental Services 35 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 AIR SAMPLING Air sampling will not generally be required at household hazardous waste pickup job sites because air concentrations of volatile substances will not be significant. Direct reading air sampling equipment such as detector Photovac-Microtip photoionization will be on site for use in case of spills or released of volatile organic compounds. If the scope of the project requires it. The Health & Safety Manager will make the determination to provide this determination and any other monitoring equipment the project would require. ACCESS CONTROL AND WORK ZONES Access to areas of chemical handling is controlled to prevent unnecessary public exposure to potentially harmful substances. Access control is done by clearly marking areas where chemical may be handled. Markings may include warning tape or barriers and caution signs. These sign may contain wording such as "NO SMOKING OR OPEN FLAMES, AUTHORIZED PERSONNEL ONLY" or similar warnings. In addition, Laidlaw personnel will be stationed in strategic locations and serve as checkpoint personnel to direct the flow of traffic and people. Prescribed operations will occur in work zones which are designed to prevent the migration of contaminants. Movement of personnel and automobile traffic between zones and into the chemical handling area will be limited by access control points. All traffic will be controlled so that the number of automobiles in the receiving area will be limited to a manageable number. The checkpoint (entry) area will be the principal focus for control of vehicle activity. The distance between these areas, and the size and shape of each have to be based on conditions specific to each location. The following criteria are used in establishing dimensions and boundaries. • Physical and topographical features of the work location • Weather conditions • Potential for release and exposure • Size of area needed to conduct operations • Decontamination procedures • Proximity to residential or industrial areas CONTINGENCY PLAN A contingency plan is necessary for the preplanning of potential emergencies that could occur. • TYPES OF INCIDENTS: It is not anticipated that an emergency situation will occur. However, preplanning is important to mitigate and minimize the effects of an emergency during the handling of hazardous materials. The more likely types if incidents possible are: Spills: A spill is an unintentional release of materials in a quantity that is sufficient to cause environmental or personal harm. Laidlaw will take steps to prevent a spill from affecting the environment by developing a Spill Response Plan. Laidlaw Environmental Services 36 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 Fire: A fire can occur through the ignition of a waste material or paper and wood trash. I aidlaw will provide appropriate fire extinguisher(s) for the site and all personnel will be properly trained to use them. All flammable materials will be stored in proper containers and spark-proof tools will be used when handling them. - Temperature Extremes: If warm conditions develop and coincide with any specific requirements for wearing impervious clothing, a heat stress monitoring program will be implemented. Metrosonics heat stress monitors which monitor body surface temperature and pulse rate would be used to evaluate safe working conditions. Personal fluid intake as well as oral temperature would also be monitored. - Injuries: Injuries can occur due to chemical exposure or as a result of mechanical forces. Personal protective equipment such as leather palm gloves are worn to minimize the potential for cuts and abrasions or other hand injuries due to sharp objects. Other protective equipment worn minimizes the possibility for personal injuries. - Non-project Related Disasters: In the unlikely event of an earthquake, bomb threat or flood the project manager will implement emergency procedures which are noted in section XII. Local emergency services will be contacted before the job begins and the scope of the work procedures will be outlined so that emergency officials will be aware of the possible need for their services. • COMMUNICATION: In an emergency situation, effective communications are vital to the efficient handling of the problem. The use of voice is the primary means of communication. Air horns will be placed on the site in strategic locations for emergency purposes. A series of hand signals may also be developed as a backup method. All employees will be familiarized with the communication methods. Use of the air horn will indicate the need to evacuate the immediate area. Air horn communication will be-developed and specific for each job. • FIRST AID AND MEDICAL: - Laidlaw will generally provide two industrial grade first aid kits for the site. All personnel will be familiarized with their locations at the site. Laidlaw personnel have received Red Cross first aid and CPR training and are capable of providing assistance to injured personnel. - In the case of an injury to a program participant, Laidlaw will notify the local emergency services, stabilize the victim and then allow the ambulance to transport the injured. Laidlaw will transport their employees only. Laidlaw Environmental Services 37 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 • DIRECTIONS TO THE NEAREST HOSPITAL: Directions to the nearest hospital or medical center will be posted before the job begins so that there can be quick transfer of injured person(s) to a medical facility if site transportation of personnel is required. • EMERGENCY NUMBERS: In order to access outside help in an emergency beyond the control of on-site personnel, a list of emergency phone numbers is posted in conspicuous areas at the job location. SPILL RESPONSE PLAN The two components of spill response are spill prevention planning and procedures to follow in the event of an uncontrolled release of harmful substances. • SPILL PREVENTION: Spill prevention is a primary concern at household hazardous waste pickup locations. Several spill prevention techniques will be implemented as necessary. These techniques may include the following methods: - Dike and grade areas for collection and containment of spills. Place liner material such as polyvinyl chloride, high density polyethylene or other suitable liner material on the ground in the chemical handling area. Tape of seal overlapping areas where necessary. - Use funnels capable of safely handling flammable or corrosive liquids and other materials when transferring or consolidating waste materials. - Use tents of other shading material when necessary to prevent direct sunlight on containers of waste. Line bulk waste containers such as dumpster or roll-off box with a chemical resistant liner and dike the location to collect and contain possible leaks or run-off. Spill control products such as absorbent pillows or bulk absorbent material will be available at the work site for immediate use in case of spills. The following products may be necessary: - Oil-dry or other bulk absorbent material Overpack drums - Absorbent booms or pillows - Polyethylene liners - Containers for contaminated absorbent - Non-sparking shovels and other non-sparking hand tools - Other spill control products such as flammable liquid, corrosive or mercury spill control product and/or neutralizing products. Laidlaw Environmental Services 38 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 • SPILL RESPONSE PROCEDURES: Although containment techniques should prevent a release to the surrounding environment, a spill response plan determines specific actions. Prompt response to a spill of material is necessary. All Laidlaw personnel have received training on proper spill control methods. When a spill occurs, the following steps will occur in notifying other site employees: - The employee noticing the spill will notify other site employees by: voice or through use of air horns (3 blasts). All employees will stop their present work and secure their areas of responsibility. The Laidlaw Project Supervisor or the Health and Safety Supervisor will direct all public participants to a designated safe area if necessary. The Laidlaw Project Supervisor (or designee) and the Health and Safety Supervisor will identify the spilled material and determine the proper protective equipment needed. Simultaneously, Laidlaw personnel will be assigned to control the spill and prevent its spread or other complications. If necessary, personnel can be assigned to isolate storm drains and sewers. Personnel will don their protective equipment and take the appropriate steps for cleaning up the spill. Any incompatible materials located near the spill will be removed. A fire watch will be established and the Fire Department will be notified. - The Laidlaw Project Manager's determination that outside assistance is needed will prompt use of the emergency phone list. - Once the spill is contained and cleaned-up any response equipment used will be decontaminated, inspected, and put back in service when returned to an acceptable condition. - If necessary, Laidlaw can provide soil sampling to determine the extent of contamination of the area and possible remedial action. - All appropriate notification(s) and reports will be filed by the Laidlaw Project Supervisor and/or the Health and Safety Supervisor (DOT Hazardous Materials-Incident Report, National Response Center, Local Emergency Management Agencies, etc.) as required by local, state, or federal authorities. Phone numbers for these agencies will be included in the emergency phone number list os the site specific plan. If evacuation of the site and/or surrounding areas become necessary, it shall proceed as required by Police or Fire Department authorities. FIRE PLAN A fire at a waste collection site presents a serious hazard due to the potential catastrophic effects. Not only are there physical hazards of a fire, but there are also chemical hazards created during a combustion of chemical materials. To minimize the potential for a fire there will be no smoking or open flames in the general work area involving the handling of hazardous waste. Laidlaw Environmental Services 39 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 • In the unlikely event of a fire: - The employee noticing the fire will alert the site by: voice or by air horn (a long blast at least 10 seconds long). - All employees will stop work and secure their areas of responsibility. - The Laidlaw Project Supervisor, the Health and Safety Supervisor or their designee will alert the local Fire Department and move public participants to a secure location. - Laidlaw employees will be assigned the task of containing and halting the fire using the site fire extinguishers. Soil or absorbents may also be used to smother the fire. Generally, water will not be used if the fire is due to the ignition of a flammable liquid. spraying water on a fire involving flammable liquid can worsen the situation because the water spray can cause spattering or allow the liquid to spread. - If the fire is chemical in origin or spreads to the chemical waste, then I aidlaw personnel will don positive pressure self-contained breathing apparatus to attempt to contain the fire. - If the fire goes beyond the incipient state (cannot be controlled with extinguishers), the Laidlaw Project Manager will notify emergency personnel of the substance(s) involved in the fire and prepare to evacuate the work area. Laidlaw will help local emergence responders when necessary. This assistance may include assisting in evacuating local residents; blocking off storm drains and berming the area with absorbent to prevent the runoff from local fire fighters attempts from reaching water sources; removing all unnecessary personnel and vehicles from the area; removing as much waste material from potential exposure as safely as possible. Once the fire has been extinguished then a clean-up of the area will commence. All material will be disposed of as waste if the fire was chemical in origin or spread to the waste area. EMERGENCY RESPONSE PROCEDURES • In the unlikely event of a fire, earthquake, or flood the following procedures must be implemented in a timely fashion. - The employee noticing the emergency situation will alert the site by voice or through an air horn (a long blast at least 10 seconds long) - All employees will stop work and secure their areas of responsibility. - The Project Supervisor or the Health and Safety Supervisor or their designee will alert the local authorities and move employees to a secure location. The affected area will be isolated to prevent access. Laidlaw Environmental Services 40 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 OFF-SITE SERVICES In order to provide for prompt response of emergency service groups, Laidlaw will advise representatives from local police, fire department, hazmat team, ambulance service and the local hospital of the planned activities and invite these agencies to visit the site, learn of its hazards, and their potential role in responding to a site emergency. f Laidlaw Environmental Services 41 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 C. Sample Household Hazardous Waste Collection Agreement This Agreement, dated this day of , 1993 by and between (the Sponsor) and I aidlaw Environmental Services (TS), Inc., a Delaware corporation, (LES), states as follows: WHEREAS the Sponsor desires to conduct a Household Hazardous Waste Collection Program to provide a safe, convenient place where citizens of can dispose of stored household hazardous wastes, and WHEREAS the Sponsor desires to hire a professional contractor knowledgeable and experienced in conducting such a waste disposal program, and WHEREAS LES has represented that it is staffed with personnel knowledgeable and experienced in conducting such a waste disposal program. WITNESSETH: Now, therefore, in consideration of the mutual promises and benefits of this Agreement, the Sponsor and LES agree as follows: 1. Employment of LES. The Sponsor agrees to hire LES and LES agrees to act as the Sponsor's contractor to conduct the Household Hazardous Waste Collection Program. 2. Scope of Services. LES shall perform in a good and professional manner the services identified in the Sponsor's Request for Proposal dated , 1993, as modified by LES's Proposal dated , 1993, copies of which are attached hereto and incorporated by reference, as well as the services listed in this Agreement. Any conflict between the terms of this Agreement and the terms of the Request for Proposal or the Proposal will be governed by the terms of this Agreement. a. LES shall have present at the collection site employees or agents of LES as described in the Proposal trained in the identification of hazardous and acutely hazardous wastes (collectively "Wastes") as defined by federal or (state) laws or regulations, and such materials and equipment as are necessary to handle, containerize, label, load and transport such Wastes from the Sponsor's service area in a manner conforming to (state) and federal laws and regulations. b. LES shall accept Wastes, for transportation and disposal from the Sponsor service area, only from such individuals as are designated by a Sponsor representative present at the site as being residents of the Sponsor service area, and only in such amounts as are approved by such representative. Laidlaw Environmental Services 42 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 c. Except as provided in Paragraphs d and e below, LES disclaims all responsibility for and assumes no liability for the following Wastes which it will neither handle at the site nor accept for disposal: Compressed Gas Cylinders, Explosives or Shock Sensitive Materials and Ammunition, Unknown Materials, Radioactive Materials, Infectious or Biologically Active Materials, Dioxin, Tri, Tetra- and Pentachlorophenols and their Chlorophenoxy derivative Acids, Esters, Ethers, amine and other Salts (i.e., Sodium Pentachlorophenate, 2,4,5-T, Silvex and 2,4,5-TP). d. Dioxin associated wastes from households only will be handled by LES through incineration and the Sponsor will compensate LES for packaging, transportation, and disposal in accordance with the fee schedule. e. If a citizen brings any Waste chemical listed in Paragraph c other than those listed in Paragraph d to the collection station, and if the Sponsor decides to accept the Waste, LES will package the material for the Sponsor and the Sponsor will compensate LES for packaging services in accordance with the fee schedule in the Proposal. Further management and disposal of such material shall be the sole responsibility of the Sponsor. 3. Time of Performance. LES shall begin the services to be performed under this Agreement upon Notice to Proceed from the Sponsor, and shall undertake such services to assure readiness for and successful completion of the Household Hazardous Waste Collection Program. 4. Termination. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other, provided that such termination shall be without prejudice to any other remedy the party may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The Sponsor shall pay for any such work in progress that is completed by LES and accepted by the Sponsor. 5. Excuse of Performance. The Sponsor's obligation to deliver and LES's obligation to accept for servicing any waste pursuant to this Agreement may be suspended by either party in the event of: act of God, war, riot, fire, explosion, accident, flood, sabotage; lack of adequate fuel, power, raw material, labor, containers, or transportation facilities; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; breakage or failure of machinery or apparatus; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against its own-best judgment); which event prevents the delivery, transportation, acceptance, treatment, incineration, or disposal of the waste. Laidlaw Environmental Services 43 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 6. Compensation and Payment. The Sponsor agrees to pay LES for its services in accordance with the price and terms of payment set forth in the attachments to this Agreement. Payment terms are net 30 days from invoice. The parties agree that damages for breach of Sponsor's obligations under this portion of the contract would be difficult or impractical to determine as a result of the difficulty of precisely measuring the additional administrative costs that LES incurs for delinquent accounts. Because of the difficulty in determining the damages resulting from Sponsor's breach of its obligation to make payment when due, LES and Sponsor agree that, in the event Sponsor fails to make payment when due, an amount equal to 1.5% per month will be added to all amounts outstanding for more than thirty (30) days. This amount will be calculated on the number of days in excess of thirty (30) days past the invoice date to the date payment is received at LES. Sponsor is responsible for notifying LES of any question concerning an invoice. In addition, Sponsor shall be responsible for collection agency or legal fees incurred in collecting payment of an invoice. Sponsor shall reimburse LES for taxes, tariffs, fees, surcharges, or other charges imposed by legislation or regulations enacted or promulgated after the execution date of this Agreement and levied specifically upon the transportation, treatment, storage, incineration, recycling or disposal of the waste upon thirty (30) days written notice of such change in legislation and upon submission by LES of evidence that such charges have been levied or paid. 7. Generator. The Sponsor shall be deemed to be the "Generator", for recordkeeping and paperwork purposes, of all Wastes accepted by LES during the Household Hazardous Waste Program from residents of the Sponsor's service area. 8. Licenses. LES certifies, that on the day of collection, it will have: a. Valid Environmental Protection Agency ("EPA") identification numbers for transportation and storage of hazardous and acutely hazardous wastes; and b. A valid (state) permit for transportation of hazardous wastes. 9. Insurance. LES shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: (a) Worker's Compensation - $1,00000 or statutory; (b) Employer's Liability - $5,000,000 per occurrence; (c) General Liability (bodily injury and property damage) - $5,000,000 per occurrence, $10,000,000 annual aggregate combined single limit; (d) Automobile Liability - $5,000,00 per occurrence combined single limit; (e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per occurrence, $2,000,000 annual aggregate; (f) MCS-90 Endorsement for hazardous materials transportation - $5,000,000. At least 10 days before the first collection day, LES shall provide the Sponsor with a Certificate of Insurance showing coverages a, b, c and d above, naming the Sponsor as certificate holder and noting the Sponsor's interest. LES shall also provide copies of documents demonstrating coverages e and f above. Laidlaw Environmental Services 44 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 10. Title to Waste. Title to all identified Waste accepted by LES at the site from residents of the Sponsor's service area for transport and disposal by LES shall pass directly from such residents to LES at the time of its acceptance. 11. Warranty. LES warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the transportation, treatment and disposal of Wastes. LES further warrants that it will perform all services under this Agreement in a safe, efficient, and lawful manner using industry-accepted practices, and in full compliance with all applicable state and federal laws and regulations. Sponsor warrants that it is in compliance with all applicable state and federal laws governing its activities under this Agreement, and that it is under no legal restraint or order which would prohibit transfer of,possession or title of collected wastes to LES or prohibit the servicing of such waste or LES's performance of services under this Agreement. Sponsor will cooperate and/or assist LES, as requested, with its defense, negotiation, adjustment and or settlement of a claim against Sponsor. 12. Indemnification. a. LES shall indemnify, hold harmless and defend the Sponsor from and against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees) which may be alleged against the Sponsor or which the Sponsor may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental laws, regulations or orders, to the extent that such damage was caused by LES's or LES's agents' negligent, willful or intentional act or omission, breach of contract or a failure of LES's warranties to be true, accurate or complete. b. To the extent allowed by law, the Sponsor shall indemnify, hold harmless and defend LES from and against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees) which may be alleged against LES or which LES may incur, become responsible for, or pay out as a result of death or bodilyInjury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation or alleged violation of governmental laws, regulations or orders, to the extent that such damage was caused by the Sponsor's or the Sponsor's agents' negligent, willful or intentional act or omission, breach of contract or a failure of the Sponsor's warranties to be true, accurate or complete. 13. Independent Contractor. LES is and shall perform this agreement as an independent contractor and, as such, shall have and maintain complete control over all of its employees and operations. Neither LES nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Sponsor. Laidlaw Environmental Services 45 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 14. Modification. No modification of this Agreement shall be binding on LES or the Sponsor unless set out in writing signed by both parties, except however that the Price List may be modified by LES providing thirty (30) days written notice to the Sponsor. 15. Headings. The titles of the paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting the provisions of this Agreement. 16. Completeness of Agreement. This Agreement and any documents incorporated by reference herein contain all the terms and conditions agreed to by the Sponsor and LES, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 17. When Rights and Remedies Not Waived. In no event shall the making by the Sponsor of any payment to LES constitute or be construed as a waiver by the Sponsor of any breach of covenant, or any default which may then exist, on the part of LES, and the making of any such payment by the Sponsor while any such breach or default exist shall in no way impair or prejudice any right or remedy available to the Sponsor with respect to such breach or default. Any waiver by either party of any provision or condition of this Agreement shall not be construed or decreed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 18. . Personnel. LES represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. LES is and shall perform this agreement as an independent contractor, and as such, shall have and maintain complete control over all its employees and operation. 19. Non-Discrimination Provision. During the performance of this Agreement, LES agrees as follows: a. LES will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of LES. LES agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. b. LES, in all solicitations or advertisements for employees placed by or on behalf of LES, will state that LES is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Laidlaw Environmental Services 46 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 20. Notices. Any notices, bills, invoices or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the Sponsor: If to LES: Laidlaw Environmental Services Inc. 208 Watlington Industrial Drive Reidsville, North Carolina 27320 Sponsor shall give written notice to LES of a claim for indemnification under paragraph 12 of this Agreement within fifteen (15) days following Sponsor's first knowledge of the event or occurrence which gives rise to that claim. Upon receipt of notice, and determination by LES that Sponsor has a valid claim for indemnification, LES shall have the right to retain counsel to defend, negotiate, adjust, and/or settle a claim against Sponsor and LES will pay reasonable attorney's fees and other litigation expenses. LES has no obligation to indemnify Sponsor when Sponsor does not provide timely notice of a claim allowing LES the timely opportunity to defend, negotiate, adjust, and/or settle the claim. 21. Governing Law. The Sponsor and LES agree that the validity and construction of this Agreement shall be governed by the laws of(state), except where preempted by federal law. 22. Assignment. The Sponsor and LES bind themselves and any successors and assigns to this Agreement. LES shall not assign, sublet, or transfer its interest in this Agreement without written consent of the Sponsor. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the Sponsor, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Sponsor and LES. 23. Patent Infringement Disclaimer. LES disclaims any and all liability for past, present or future patent infringement relating to any apparatus, process, design, product, composition or structure which is made, constructed, used, sold, practiced or supplied by LES for the purpose of fulfilling the terms of this Agreement. LES does not represent and expressly does not warrant that any apparatus, process, design, product, composition, or structure which is made, constructed, used, sold, practiced or supplied by LES does not infringe any issued or future United States or foreign patent. Sponsor may not seek indemnification from LES for any damages, attorneys fees or costs as a result of a claim of patent infringement brought against it relating to any apparatus, process, design, product, composition or structure which was made, constructed, used, sold, practiced or supplied by LES. Laidlaw Environmental Services 47 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 24. Separability. If any section, subsection, sentence or clause of this Agreement shall be adjudged illegal, invalid or unenforceable such illegality, invalidity, or unenforceability shall not affect the legality, validity or enforceability of the Agreement as a whole or of any section, subsection, sentence or clause hereof not so adjudged. IN WITNESS WHEREOF, , and LES have executed this Agreement as of the date first written above. SPONSOR BY: TITLE: LAIDLAW ENVIRONMENTAL SERVICES U, INC. BY: TITLE: Corporate Seal: • J Laidlaw Environmental Services 48 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 OPTIONAL HHW AGREEMENT PARAGRAPHS Laidlaw's standard household hazardous waste agreement addresses issues common to most programs, however some program sponsors have special needs. Laidlaw has prepared the following sections to address these needs: 1. Not to Exceed Clause When the program sponsor has a limited budget, they may elect to have LES stop accepting waste when the limit is approached. Please note that this does not mean that LES is performing a fixed price contract! The unit prices in the proposal still apply, but our on site personnel should do a rough estimate of total program cost several times during the project, including set- up charge, packed drums, approximate waste yet to be packed, and any charges for materials, personnel, overtime, etc. The sponsor must be informed well before costs go over the "not to exceed" price. The following language may be added to the Compensation and Payment paragraph of the contract: The Sponsor has been allocated $ for this program. Consequently, LES will be given a "not to exceed" price. Periodically during the performance of waste handling and packaging services, the LES Project Manager will inform the Sponsor of his or her best estimate of the expenses incurred to that time. In the event that the estimate approximates the "not to exceed" price, LES will prepare to curtail its operations unless the authorized representative of the Sponsor directs LES to perform additional work. In this case the Sponsor will compensate LES in accordance with the unit prices already supplied to the Sponsor. r _ 2. Containers and Supplies Occasionally, a program sponsor may have a source for shipping containers and packaging supplies, such as from donations by business or industry within the community. If the sponsor wishes to have Laidlaw use these supplies, the following language should be inserted into the Agreement: The Sponsor may, if it elects, supply empty containers and other packaging supplies needed for this program, provided however that any such containers and supplies be of the DOT specification, type, size and quality normally used by LES during programs of this type, in accordance with legal and prudent hazardous materials transportation requirements and the waste Laidlaw Environmental Services Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 acceptance criteria established by interim or final treatment, storage, or disposal facilities. At no time may the Sponsor's Authorized Representative direct LES to utilize any container or other packaging supply, or package or fill any container so as to violate any hazardous material transportation requirement or the waste acceptance criteria established by interim or final treatment, storage, or disposal facilities. Prior to each collection date, the Sponsor shall discuss with LES the type and quantity of containers and other packaging supplies the Sponsor intends to supply for the collection. 3. Sponsor Personnel and Volunteers The program sponsor may elect to have non-LES personnel perform work during HHW collections. If so, the following language may be inserted into the contract: LES and the Sponsor recognize that employees of the Sponsor and volunteers recruited by the Sponsor may perform various functions during the collection event. The Sponsor shall have and maintain complete control over all of its agents, employees, volunteers and operations. The Sponsor, anyone employed by it, and its volunteers shall not be, represent, act, purport to act or be deemed to be the agent, representative, employee or servant of LES. LES shall have no responsibility or liability for the actions of Sponsor's employees, agents, volunteers or other contractors. 4. Personal Protective Equipment Laidlaw Environmental Services may be asked to provide protective clothing for the Sponsor's personnel and volunteers who handle non-hazardous waste and recyclable materials such as motor oil, paint, and auto batteries. Laidlaw wills be happy to provide equipment, but has no control over the use of such protective equipment, or the medical or physical status of those who use it. The following language may be inserted into the Agreement: LES shall offer Sponsor's employees and volunteers some or all of the following items: Tyvek coveralls, gloves, splash goggles or glasses. These items can be provided by LES as a convenience to Sponsor in order to assist Sponsor employees and volunteers in remaining clean during a collection event. LES makes no claims or warranties as to the safety or protective qualities of these items and is not responsible for the use or misuse of these items. Laidlaw Environmental Services 50 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 5. Nonconforming Waste In some programs, sponsor personnel collect and label materials, then LES transports and disposes of the waste. LES must rely on the sponsor's representation of the waste, which may be incorrect. The following language may be added to the contract to cover nonconforming waste: Waste shall be considered nonconforming if it fails to meet the waste description applicable thereto in any material respect. In the event the waste is discovered to be nonconforming, LES may revoke its acceptance of the waste. The revocation of acceptance shall be effective immediately upon receipt of notice, verbal or written, to the Sponsor or its agent. Sponsor shall have seven (7) days to direct an alternative lawful manner of disposition of the waste, unless it is necessary by reason of law or LES facility permit or operating procedure to move the nonconforming waste in less than seven (7) days. If Sponsor does not direct an alternative lawful manner of disposition within said seven days or, if required, within a shorter period, LES shall return the waste to the Sponsor. Sponsor shall pay LES its reasonable expenses and charges for handling, loading, preparing, transporting, storing, and caring for nonconforming waste. If the waste is discovered to be nonconforming, LES shall be responsible only for its employees', agents', subcontractors', or invitees' negligence with respect to such waste. 6. Waste Disposal Facilities Designated By The Sponsor The Sponsor may have an outlet for some of the materials collected at these programs, such as local recyclers or reusers, or a hazardous waste facility willing to donate some services. LES is willing to segregate suitable materials for this waste diversion, and may agree to package and transport such waste if requested by the Sponsor. Fees for such services should be established in advance. However, LES is unable to take title to diverted materials or to accept liability for the management or disposal of the waste. The following language may be inserted into the Agreement: LES will not accept title to or liability for any waste which is diverted to management or disposal by persons or facilities designated by the Sponsor but which are not routine LES outlets for such waste materials. Laidlaw Environmental Services 51 Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 7. Small Quantity Generator"Milk Run" Language If requested by the Sponsor, LES shall develop and implement a "milk run" schedule throughout the Sponsor's service area to service conditionally exempt and small quantity generators (C.E.G. and S.Q.G., those individuals or entities generating 1000 kilograms or less a month). A "milk run" program will consist of a regular schedule of waste pickups at generators' sites within the Sponsor's service area. Generators who wish to use the "milk run" service will be required to contact LES, to establish credit or billing arrangements satisfactory to LES, and to complete any necessary waste analysis, paperwork or documentation prior to the scheduled "milk run". In the event that no generators are ready for pickup, a scheduled "milk run" will be cancelled. LES shall identify, consolidate, package and manifest all waste collected on "milk runs". C.E.G.s and S.Q.G.s may also deliver their hazardous waste to the Sponsor's collection center during Cooperative Commercial Services operating hours if they can obtain the appropriate insurance and fulfill any other hazardous waste transportation requirements. All fees and costs associated with the conditionally exempt and small quantity generators shall be charged directly to the generator by LES at no cost to the Sponsor. The Sponsor will furnish to LES a list of all C.E.G.s and S.Q.G.s in the Sponsor's service area, and will publicize the "milk run" program. r Laidlaw Environmental Services t' • • ...... ,toriv.r> . rkt . ? -, b., ,.. [ i 1 . .4. .... ......... 4., . . . , ., ,, . .. •._ . , ,, , ", . . . .... . . .,.„ . . . . . : , ... , . .. • . • . . • eV% '11/.- . :, . x YOU HAW THE RIGHT TO LIABILITY PROTECTION YOU HAVE THE RIGHT TO SUPPORT SERVICES ' VOUT contractor-'should be a"full'••partner in the program, willing to duration and information are critical to the success of any HI-l'W lindeinnify you against his negligence or wrongdoing. He should program. Will your contractor be a partner, with'the skills and have ample insurance—Workers Compensation; General Liability, resources to help you plan your program, develop„and-.izrtplement :. .-Enviroriinental ImpairMint Lia'bil t and Automobile Liability including .. your public education-program, and assist with-i ommiinications ' hazardous materials transportation. The contractor should also Be able :before,during,and after the collection?Are there other group's in your to provide you with a performance bond if requested. • community who-need help with hazardous waste management? Can - `• ' ' - --3.your-contractor-work with fanners,schools,small businesses? You HAVE THE RIGHT TO AN EXPE IENCE'D-CONTRACTOR ' ' • , • uHW programs can be'complex and•difficult, and inexperience or YOU HAVE A RIGHT TO FAIRNESS IN PRICING 11 on-the job training is not something you should accept from your Vou have;•a tight to know, in advance, what your contractor charges. • partner in household hazardoi -waste'Collections. A•true partner I. for site setup, labor, equipment and-supplies, transportatidrt and shares your concern for the safely of your.corrimunity'residents, pro- waste management. What about extras like planning assistance,public' gram participants,site staff,-and the environment,You have the right to education, lab analysis, reports, honds–are there any hidden fees? It ask and be assured that your contractor has the skills and experience - may be difficult:to predict how many, people will bring how much of necessary for your job. • '.r - what waste -to your program, but you should expect a clear under- "' standing and.a clear statement of how costs are determined and totals YOU HAVE'THE*RIGHT TO FLEXIBILn ' reached. You have the right to fairness, openness and good faith in . c nice different-communities have'different•need's,you deserve as - pricing. -J•much-flexibility as possible--iYour your HHW program. Will. ' - - .:.,.:.•- your contractor work with you? lf•you need changed operating hours, YOU HAVE THE RIGHT TO A COMPETENT SITE STAFF more staff, another location, will they adapt?Will they keep an eye on Vour contractor should provide qualified, experienced personnel your budget? who are medically fit and who have undergone rigorous training that prepares them to perform their duties, Degreed chemists should YOU HAVE THE RIGHT TO SOLUTIONS.,- . - - • . review all incoming wastes, segregate materials and properly package NOT MORE PROBLEMS ' •' . the waste for transportation and disposal. You have•.the-right to expect Household hazardous waste must be managed responsibly, remov- the skill, professionalism and technical expertise'that is essential to a I ling the risk of improper dumping,down the drain, or in a sani- safe and successful'HHW program . ' ''nary landfill, Will your contractor respect the intent,as well as the letter ' ;,of the law, following the hierarchy of reuse, recycling, chemical treat- . You HAVE A.RIGHT TO INFORMATION ment-incineration, and finally, sending a minimum amount of waste It is your program, and what happens during and after your pro- to-licensed, secure-chemical landfill? Does the contractor own and 1-gram should not be kept secret frd.trt'you• Your contractor should operate qualified.facilities, or must they rely-only on someone else's provide copies of all container content sheets, manifests and other facilities? You have a right to get satisfactory answers to these ques- shipping documents,information on the type and quantity of mater- lions, ial received and a written statement on what happened to your ::r-4.r PP Y waste—where it was sent,how it was.managed. YOU HAVE THE RIGHT TO REGULATORY COMPLIANCE . o es'the contractor have,the knowledge'and expertise to-assure kill!, YOU HAVE A RIGHT To FREE SPEECH compliance? Many different regulations may apply, even though ]]��o you have questions about l-11-IW or want to discuss a collection HHW isn't regulated as a hazardous waste in most areas! You have the Du you us a call-at'800/356-8570. There's nacost or right to expect your contractor to know all the regulations.–federal and. obligiztion,and with our 800-number,even the phone call is free. state,environmental, transportation,health-and safety;--maybe even zon-- ;ing and building codes–related to your-program, • - • ,- : -nv r . men,i • YIces ) We've can up more towns thanWYatt Earp. _ _ _ ... „. „ .. - a ovp, , A. i f ,r ,- -e. c ,. t. . ., . .„„,,,, , , , A ,, °4 A - T f to , r t e ✓ y , /✓ y ' i y: 4,, 4.st:1y\ fie- *,, , 4440 , 2 <4;41k,,,,,, a II it ` lir ,N_ The Dodge Gity Protection Association,led by Wyatt Earp(seated second from left). s You may be surprised to know ardous wastes,and they can't contin- If you'd like to know more about that the average North American ue to throw toxics out with the establishing a safe,effective cleanup home is loaded with an average of 10- garbage.You want to do something program for your community,give 15 gallons of potentially hazardous about the problem,but you want to do us a call at Laidlaw Environmental wastes.Like old jars of paint in colors it right Services today.We'll send you a copy you don't recognize.The pesticides Laidlaw Environmental Services of the Bill of Rights.And we'll help long -f some lon forgotten garden pro- has conducted over 1,000 Household you get the troublemakers out of ject Or the motor oil and other auto- Hazardous Waste Collection programs town by sundown. motive products from the do-it-yourself across North America since 1983.As days. professionals in helping people clean LAIDLAW ENVIRONMENTAL The projects may fade into mem- up their towns, we ve learned that ories, but the hazardous chemicals sometimes you need help in preparing HOUSEHOLD HAZARDOUS don't What can you do? for this task WASTE BILL OF R]~GHTS In one community after another So we've prepared a Bill of Rights people are realizing that they can't con- for household hazardous waste col- 1-800-356-8570 tinue to use their homes to store haz- lection programs. Laidlaw Envirmnnental Services,Inc. •Post Office Box 210799•Columbia,South Carolina 29221 • Telephone 1-800-356-8570