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<br /> WASTE DISPOSAL AGREEMENT
<br /> The following provisions shall constitute an Agreement between the Town of Mashpee, acting by and through
<br /> its Board of Selectmen, hereinafter referred to as."Town", and New Bedford Waste Services, LLC with an
<br /> address of 1245 Shawmut Avenue, New Bedford, MA 02746, hereinafter referred to as "NBWS",signed on
<br /> the it day of November, 2013. In consideration of the mutual covenants contained herein,the parties agree
<br /> as follows:
<br /> 1. SERVICES PROVIDED AND DISPOSAL FEE. NBWSshall provide Town with disposal and/or recycling services
<br /> ("Services")for Town's "AcceptableSolid Waste", as defined below in Section 2 below. The Town shall
<br /> deliver municipal solid waste to the NBSW facility at 48 Cranberry Highway, Rochester, MA and shall pay
<br /> NBWS a fee of sixty dollars ($60.00) per ton for the first year of this Agreement. This fee shall be adjusted
<br /> by 2.5%effective January 1, 2016 and January 1 of each subsequent year of this Agreement, as extended.
<br /> 2. TOWN WARRANTIES.The term, "Acceptable Solid Waste", as used herein this Agreement,shall mean
<br /> mixed household solid waste generated within the corporate limits of Town by its residents and (i) which
<br /> has the characteristics of solid waste normally collected or disposed of by residences,schools, churches
<br /> and municipal offices and (ii) which is permitted under"Applicable Law", defined below in this Section 2,
<br /> to be accepted at and processed by the Facility, and excluding Unacceptable Solid Waste as defined below.
<br /> Acceptable Solid Waste must be of a size and composition such that NBWS is able to process it at the
<br /> Facility, defined below in Section 6. "Unacceptable Solid Waste" means: (a) nonhazardous Solid Waste that
<br /> contains regulated "Special Waste" defined according to 310 CMR 19.000 et. sec.; (b) Hazardous Waste; (c)
<br /> waste that is prohibited from being received,managed or disposed of at the Facilityincluding liquid
<br /> material according to Applicable Law.Town (including its subcontractors) represents and warrants that it
<br /> will comply with all Applicable Law pertaining tohandling of the "Acceptable Solid Waste".
<br /> For purposes of this Agreement, the terms (i) "Solid Waste"shall mean useless, unwanted or discarded
<br /> solid material, defined pursuant to 310 CMR 19.Q06 and other Applicable Law.The term "Hazardous
<br /> Material' and/or"Hazardous Waste", used interchangeably herein, means and includes, without
<br /> limitation, asbestos,flammable materials, explosives, radioactive or nuclear substances, polychlorinated
<br /> biphenyls, other known carcinogens, oil and other petroleum products, radon gas, urea formaldehyde,'
<br /> chemicals, gases, solvents, pollutants or contaminants that could reasonably be determined to be a
<br /> detriment or pose a danger to the environment or to the health or safety of any person, and any other
<br /> hazardous or toxic materials, wastes and substances which are defined, determined or identified as such in
<br /> any present or future federal,state or local laws, by-laws, rules, regulations, codes or ordinances or any
<br /> judicial or administrative interpretation thereof including, without limitation,the Comprehensive
<br /> Environmental Response Compensation and Liability Act(42 U.S.C. §9601 et seq.), the Hazardous Materials
<br /> Transportation Act (49 U.S.C. §1801 et seq.),the Public Health Service Act (42 U.S.C. §300(f) et seq.),the
<br /> Pollution Prevention Act(42 U.S.C. §13101 et seq.),the Federal Insecticide, Fungicide and Rodenticide Act
<br /> (7 U.S.C. §136 et seq.),the Resource Conservation and Recovery,Act(42 U.S.C. §6901 et seq.), the Federal
<br /> WASTE DISPOSAL AGREEMENT Page 1
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