99-24 Exhibit to Temporary Extension Agreement.pdf

the confines of the the following following procedures: procedures: 2.19.2(a) 2.19 .2(a) The The Environmental Compliance Officer Environmental Compliance Officer will will provide provide aa written written Notice Notice ofof Deficiency Deficiency to the Operator to the Operator outlining outlining the the operational operational violation requiring attention, violation requiring attention, the the 26 26

recommended corrective action recommended corrective action and the time and the time period period within within which such correction which such correction shall shall be made. be made. 2.19.2(b) Failure 2.19.2(b) Failure toto correct said findings correct said findings within within the grace period the grace shall result period shall result inin an an assessment of assessment of damages damages from from the date of the date of the the finding to the finding to the date date of of final final correction. correction. 2.19.3 For 2.19.3 to maintain failure to For failure the Recycling maintain the Convenience Center Recycling Convenience in aa manner Center in consistent with manner consistent the

consistent with manner consistent the with the operating parameters required under NJDEP regulations, up to two hundred fifty dollars operating parameters required under NJDEP regulations, up to two hundred fifty dollars shall be ($250.00) shall ($250.00) assessed per be assessed day for per day each such for each failure until such failure until such time as such time the Recycling as the Recycling Convenience Center Convenience has been Center has made to been made to comply comply with with the the facility operating requirements. facility operating requirements. 2.19.4 For failure 2.19.4 For of the failure of Operator toto comply the Operator with applicable comply with connection with laws inin connection applicable laws with solid waste solid waste disposal of residual solid disposal of residual solid waste waste or or other other materials materials that that should

other materials materials that that should should be be removed removed from from the the site, site, up to up to five ($500.00) for hundred ($500.00) five hundred for each day in each day which the in which failure occurs the failure shall be occurs shall be assessed. assessed. 2.19.5 2.19.5 Up Up to to five five thousand dollars (85,000.00) thousand dollars for each ($5,000.00) for each incident or event incident or event where where the the Operator Operator receives material beyond vegetative material receives vegetative beyond the scope of the scope this RFP; of this including, but RFP; including, but not limited to, not limited

is including, but RFP; including, but not limited to, not limited the to, the receipt of grass receipt of clippings other grass clippings other than quantities incidentally minimal quantities than minimal found in incidentally found the collection in the of collection of leaves, or material leaves, or material inin excess excess of that amount of that amount permitted permitted under under the terms of the terms of the the RFP and the RFP and the limited limited approval of approval the facility. of the facility. Each Each truckload truckload or or portion of aa truckload po1tion of shall be truckload shall be considered considered aa separate separate event, event 2.19.6 2.19.6 For the Operator's For the Operator’s personnel soliciting gratuities

separate event, event 2.19.6 2.19.6 For the Operator's For the Operator’s personnel soliciting gratuities personnel soliciting gratuities from from residents, residents, up to two up to hundred dollars two hundred dollars (8200.00) for each ($200.00) for incident. each incident. 2.19.7 2.19.7 Any failure by Any failure the Operator by the Operator toto arrange arrange for for the the recycling of materials recycling of materials as as specified specified herein herein may result inin the may result the assessment assessment of liquidated damages of liquidated damages of of up to five up to five thousand thousand dollars dollars ($5,000.00) ($5,000.00) per per day plus day any and plus any and all incurred by costs incurred all costs by the Township

per day plus day any and plus any and all incurred by costs incurred all costs by the Township of the Township of West Orange for West Orange for the alternate marketing the alternate marketing of said of materials. said materials. 2.19.8 For 2.19.8 failure of For failure of the Operator to the Operator to comply comply with with the the operating operating conditions of the conditions of the exempt Class exempt Class “B” and "B" and exempt Class "C" exempt Class “C” recycling recycling facilities facilities as required under as required the terms under the terms of of the exempt the exempt operating operating procedures mandated by procedures mandated the NJDEP by the NJDEP or or by by the the terms terms of this RFP, of this RFP, liquidated liquidated damages damages ofof up to five hundred dollars

liquidated damages damages ofof up to five hundred dollars ($500.00) per day that such non-compliance remains in effect. up to five hundred dollars ($500.00) per day that such non-compliance remains in effect. 2.19.9 2.19.9 The The Township Township of of West West Orange Orange may seek reimbursement may seek reimbursement from from the Operator for the Operator for the the actual actual costs incurred by costs incurred Township for the Township by the the response/deployment for the response/deployment of of the Township of the Township Orange West Orange of West Fire Department to Fire Department to aa fire fire or other condition or other condition atat the the site site caused caused by by the the Operator's Operator's failure to comply failure to comply with operating conditions

Operator's failure to comply failure to comply with operating conditions the operating with the conditions herein. herein. 2.20 ANNUAL 2.20 REPORTING OF ANNUAL REPORTING OF RECYCLING RECYCLING CONVENIENCE CONVENIENCE CENTER CENTER ACTIVITY ACTIVITY 2.20.1 The Operator 2.20.1 The agrees that Operator agrees at its that at its sole sole cost and expense, cost and expense, itit will will provide provide toto the Township’s the Township's Engineer and/or Engineer and/or Director Director of the Department of the Department of of Public Public Works, Works, and and thethe Environmental Environmental Compliance Officer, Compliance Officer, an annual report an annual which sets report which sets forth forth the number of the number of tons tons of recyclable materials of recyclable materials delivered delivered to to markets during the markets during the prior prior year.

of recyclable materials delivered delivered to to markets during the markets during the prior prior year. year. 27