A. Haulers will only be allowed to deliver loads of recyclables from the city of Springfield to the MRF, if the city of Springfield recognizes them as a designated hauler. In order to receive such a designation from the city of Springfield, the hauler must enter into an agreement with the city by submitting a designated hauler agreement to be approved by the director. Designated haulers will agree to the following conditions:

1. The hauler shall work with the DEP and operator of the MRF to coordinate the delivery of recyclables to the facility.

2. The hauler shall be entitled to deliver only those recyclables which the operator is contractually obligated to accept, those items may be expanded or limited from time to time by mutual agreement of the city of Springfield, DEP, and the operator.

3. The hauler shall not deliver any hazardous waste to the MRF.

4. The operator shall be entitled to reject loads containing in excess of ten (10%) per cent by weight of non-recyclable materials as determined by the operator and confirmed by the DEP's representative at the facility. The hauler shall be responsible for the disposal of and any costs associated with any rejected loads. In the event the operator elects to accept such a load, the operator may be entitled to recover the costs of disposal of non-recyclable materials directly from the hauler.

5. In the event that the origination of the contamination can be determined, the hauler may refuse to collect the recyclables upon notifying such customers of the reason for refusal and shall notify the city of any customer who continues with repeated offenses.

B. In the event of a MRF shutdown for an extended period and if no other markets for the recyclables can be found by the city or hauler, it shall be solely the responsibility of the hauler to find alternative disposal for and pay any costs associated with the disposal of the recyclables.

C. If a hauler elects to collect and deliver to the MRF a load of recyclables from multiple communities, including the city of Springfield, the hauler shall provide to the city and DEP a copy of the multiple community load agreement signed by the city and participating municipalities. In the event of a rejected load, all charges shall be the responsibility of the hauler.

D. In the event a hauler fails to comply with any of the terms and conditions set forth above, the city shall first notify the hauler of such failure and work with the hauler to remedy the situation. In the event the hauler is unable to remedy such non-compliance to the satisfaction of the city and the DEP, the city may, at its sole discretion, suspend, modify, or terminate the rights of the hauler as a designated hauler. Circumstances under which the city may exercise such remedies include, without limitation, the following:

1. Failure to cooperate with DEP and the operator in coordinating deliveries to the MRF.

2. Failure to supply the city and operator with information on multiple community loads.

3. Failure to pay rejected load charges.

4. Repeated failure to accurately complete or submit the haulers reporting form.

(added 10/05/1999)