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EXHIBIT "B" <br />PROCEDURES FOR REJECTING NON -CONFORMING MATERIALS <br />1. SWDD shall have the right to reject any item, material, Load, or partial Load of Program Materials that <br />REPUBLIC delivers to the Facility if SWDD believes the item, material, Load, or partial Load is solid <br />waste, hazardous waste, toxic waste, radioactive waste, biomedical waste, or other type of large or unsafe <br />Non -Conforming Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. <br />2. Subject to the conditions in the Agreement and this Exhibit "B," SWDD, or its designated representative, <br />shall have the right to reject any Load of material tendered by REPUBLIC at the Facility if SWDD <br />determines 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, that <br />25% or more of the Load is comprised of Non -Conforming Material. The 25% threshold may be based on <br />volume or weight, as SWDD, or its designated representative, deems appropriate under the circumstances. <br />When determining whether the Load exceeds this threshold, SWDD, or its designated representative, may <br />rely on a visual observation and good faith estimate concerning the volume or weight of the Non - <br />Conforming Material. At its option, SWDD may weigh or measure the Non -Conforming Material in the <br />Load, but SWDD is not obligated to do so. <br />3. If SWDD, or its designated representative, decides to reject a Load of Recyclable Material that has been <br />delivered to the Facility by REPUBLIC, SWDD, or its designated representative, shall: (a) isolate the Load <br />and the delivery truck at the Facility; and (b) take several representative photographs of the Load and <br />delivery truck from different perspectives. SWDD shall send the photographs to REPUBLIC via electronic <br />mail ("e-mail"), which shall include a statement notifying REPUBLIC that SWDD has rejected the Load <br />depicted in the photographs and asses a "Disposal Fee" as set in the Agreement. Republic will have the <br />right to visually inspect the Load at the Facility before SWDD takes any action with respect to the Load. <br />Republic may, at its sole discretion, dispose of the Load at a disposal facility of its choice; however, the <br />Load of Non -Conforming Materials must be removed from the Facility within five (5) business days. For <br />the purposes of this Exhibit "B", SWDD's e-mail shall be addressed to the General Manager of REPUBLIC <br />and a copy shall be addressed to the General Manager's designee. <br />Page 9 of 11 <br />