Landfill Waste Management Forms

LANDFILL WASTE MANAGEMENT AGREEMENT

This Landfill Waste Management Agreement (the Agreement) is made and entered into as of Effective Date: by and between:

Parties

Recitals

WHEREAS, Waste Generator generates, collects and transports solid waste materials described herein and requires disposal services in accordance with federal, state and local laws and applicable permits; and

WHEREAS, Landfill Operator owns and operates a permitted landfill facility and has capacity, equipment and permits to accept, receive, test and manage certain categories of non-hazardous and conditionally approved waste streams subject to the terms of this Agreement; and

WHEREAS, the parties desire to set forth the terms, conditions, procedures and payment for acceptance, handling and disposal of Generator's waste at Operator's facility.

Scope of Work

Operator shall accept and process only those wastes that are described in the Waste Profile and listed below, subject to inspection, testing and the Operator's acceptance criteria. Operator will receive, weigh, record and dispose of accepted loads in accordance with the Facility Permit and this Agreement. Routine compaction, daily cover and landfill operations shall be performed by Operator.

Waste Profile and Acceptance

Waste Generator represents and warrants that all incoming loads delivered to Operator will be properly characterized and, to the best of Generator's knowledge, will not contain prohibited or hazardous wastes except as explicitly accepted by Operator under an executed hazardous waste handling addendum.

Manifesting, Sampling & Inspection

All loads are subject to inbound inspection by Operator. Operator reserves the right to obtain representative samples at receipt for analysis. Rejection, quarantine or conditional acceptance may be applied to any load that fails inspection or testing. Rejected loads shall be removed by Generator at Generator's expense within the time specified by Operator or shall be subject to disposal at Generator's expense.

Load Ticket / Incoming Load Record

Date:    Truck / Trailer ID:

Driver Name:    Vehicle Plate:

Gross Weight (lbs):    Tare Weight (lbs):    Net Weight (lbs):

Payment Terms

Disposal fees, tipping fees, and other charges will be assessed per load or per ton as agreed below. Operator will invoice Generator in accordance with the invoice schedule selected by the parties.

Generator shall be responsible for all costs, including reasonable attorney fees and collection costs, incurred by Operator in collecting past due amounts or remedying breaches related to unauthorized wastes.

Term and Termination

This Agreement shall commence on Start Date: and continue until End Date: unless earlier terminated as provided herein.

Either party may terminate for material breach if the breach remains uncured for thirty (30) days after written notice, or immediately in the case of violations posing an imminent threat to human health or the environment. Termination shall not relieve Generator of payment obligations for accepted services or obligations relating to corrective action for unauthorized wastes.

Confidentiality

Each party shall keep confidential non-public information and technical data disclosed by the other party in connection with this Agreement, including waste characterization, pricing, and operational procedures, and shall not disclose such information except to employees, contractors or consultants who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential information shall not include information that is or becomes publicly available other than through a breach of this provision.

Indemnity, Insurance & Compliance

Generator shall defend, indemnify and hold harmless Operator, its affiliates and personnel from and against all claims, liabilities, losses and expenses arising out of Generator's breach of warranties, misrepresentation of waste characteristics, improper handling, transportation or delivery of prohibited wastes, or failure to comply with applicable law. Operator shall defend and indemnify Generator for claims arising from Operator's negligence in performing its obligations under this Agreement.

Environmental Compliance

Each party shall perform its obligations under this Agreement in compliance with all environmental laws, permits, and regulatory requirements. Generator shall furnish accurate waste profiles, manifests and declarations. Operator shall operate the facility in accordance with the Facility Permit and shall notify Generator promptly of any noncompliance events that may affect Generator's liabilities.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

Entire Agreement; Amendments

This Agreement, including all exhibits, manifests and referenced addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. Any amendment or modification must be in writing and signed by both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the contact information provided below for each party. Notices shall be effective upon personal delivery, confirmed electronic transmission, or three (3) days after deposit in the mail postage prepaid to the address set forth below.

Additional Provisions

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Waiver of any breach shall not constitute waiver of subsequent breaches.

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