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EXHIBIT "B" PROCEDURES FOR REJECTING NON-CONFORMING MATERIAL 1. When St. Lucie decides whether to accept or reject Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall use the same criteria that St. Lucie uses when it decides whether to accept or reject Recyclable Material delivered to the Facility by other persons. Stated differently, St. Lucie shall not discriminate against Indian River when accepting or rejecting Recyclable Material. 2. St. Lucie shall have the right to reject any item, material, Load, or partial Load that Indian River tenders to St. Lucie at the Facility if St. Lucie believes the item, material, Load, or partial Load is solid waste, hazardous waste, biomedical waste, or other type of Non-Conforming Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. If St. Lucie rejects any Non-Conforming Material delivered by Indian River, Indian River shall remove it from the Facility. 3. Subject to the conditions in the Agreement and this Exhibit "B," St. Lucie shall have the right to reject any Load of material tendered by Indian River at the Facility if St. Lucie determines that the Load contains an Excessive Amount of Non-Conforming Material. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that 25% or more of the Load is comprised of Non-Conforming Material. The 25%threshold may be based on volume or weight, as St. Lucie deems appropriate under the circumstances. When determining whether the Load exceeds this threshold, St. Lucie may rely on a visual observation and good faith estimate concerning the volume or weight of the Non-Conforming Material. At its option, St. Lucie may weigh or measure the Non-Conforming Material in the Load, but St. Lucie is not obligated to do so. 4. If St. Lucie decides to reject a Load of Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall: (a) isolate the Load at the Facility; (b)take several representative photographs of the Load from different perspectives; and (c) send the photographs to Indian River via electronic mail ("e-mail"), which shall include a statement notifying Indian River that St. Lucie intends to reject the Load depicted in the photographs. For the purposes of this Exhibit"B", St. Lucie's e-mail shall be addressed to the Manager of the Indian River Solid Waste Disposal District and a copy shall be addressed to the Manager's designee. 5. Indian River shall promptly respond to the e-mail from St. Lucie. More specifically, Indian River shall state that: (a) Indian Rivers accepts St. Lucie's determination, in which case St. Lucie may immediately reject the Load; or(b) Indian River objects to St. Lucie's determination, in which case Indian River shall have the right to physically inspect the Load before St. Lucie makes any final determination concerning the disposition of the material, provided that Indian River conducts its inspection in compliance with the timeframes set forth in this Section 5. If St. Lucie provides notice to Indian River before 12:00 p.m. (noon) on a weekday, Indian River must conduct its inspection before 5:00 p.m. on that same weekday. If St. Lucie provides notice to Indian River after 12:00 p.m. (noon) on a weekday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. If St. Lucie provides notice to Indian River on a Saturday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. St. 156