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EXHIBIT "B" <br /> PROCEDURES FOR REJECTING NON-CONFORMING MATERIAL <br /> 1. When St. Lucie decides whether to accept or reject Recyclable Material that has been <br /> delivered to the Facility by Indian River, St. Lucie shall use the same criteria that St. Lucie uses <br /> when it decides whether to accept or reject Recyclable Material delivered to the Facility by other <br /> persons. Stated differently, St. Lucie shall not discriminate against Indian River when accepting <br /> or rejecting Recyclable Material. <br /> 2. St. Lucie shall have the right to reject any item, material, Load, or partial Load that Indian <br /> River tenders to St. Lucie at the Facility if St. Lucie believes the item, material, Load, or partial <br /> Load is solid waste, hazardous waste, biomedical waste, or other type of Non-Conforming <br /> Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. If St. Lucie rejects <br /> any Non-Conforming Material delivered by Indian River, Indian River shall remove it from the <br /> Facility. <br /> 3. Subject to the conditions in the Agreement and this Exhibit "B," St. Lucie shall have the <br /> right to reject any Load of material tendered by Indian River at the Facility if St. Lucie determines <br /> that the Load contains an Excessive Amount of Non-Conforming Material. Excessive Amount <br /> means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, <br /> that 25% or more of the Load is comprised of Non-Conforming Material. The 25% threshold may <br /> be based on volume or weight, as St. Lucie deems appropriate under the circumstances. When <br /> determining whether the Load exceeds this threshold, St. Lucie may rely on a visual observation <br /> and good faith estimate concerning the volume or weight of the Non-Conforming Material. At its <br /> option, St. Lucie may weigh or measure the Non-Conforming Material in the Load, but St. Lucie <br /> is not obligated to do so. <br /> 4. If St. Lucie decides to reject a Load of Recyclable Material that has been delivered to the <br /> Facility by Indian River, St. Lucie shall: (a) isolate the Load at the Facility; (b) take several <br /> representative photographs of the Load from different perspectives; and (c)send the photographs <br /> to Indian River via electronic mail ("e-mail"), which shall include a statement notifying Indian River <br /> that St. Lucie intends to reject the Load depicted in the photographs. For the purposes of this <br /> Exhibit "B", St. Lucie's e-mail shall be addressed to the Manager of the Indian River Solid Waste <br /> Disposal District and a copy shall be addressed to the Manager's designee. <br /> 5. Indian River shall promptly respond to the e-mail from St. Lucie. More specifically, Indian <br /> River shall state that: (a) Indian Rivers accepts St. Lucie's determination, in which case St. Lucie <br /> may immediately reject the Load; or(b) Indian River objects to St. Lucie's determination, in which <br /> case Indian River shall have the right to physically inspect the Load before St. Lucie makes any <br /> final determination concerning the disposition of the material, provided that Indian River conducts <br /> its inspection in compliance with the timeframes set forth in this Section 5. If St. Lucie provides <br /> notice to Indian River before 12:00 p.m. (noon) on a weekday, Indian River must conduct its <br /> inspection before 5:00 p.m. on that same weekday. If St. Lucie provides notice to Indian River <br /> after 12:00 p.m. (noon)on a weekday, Indian River must conduct its inspection before 12:00 p.m. <br /> (noon)on the next day that the Facility is open for business. If St. Lucie provides notice to Indian <br /> River on a Saturday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the <br /> next day that the Facility is open for business. St. Lucie may reject the Load if Indian River fails <br /> to respond to St. Lucie's e-mail within four (4) hours or fails to inspect the Load within the <br /> timeframes described in this Section 5. <br /> Page 12 of 15 <br />