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WASTEI
<br /> The following provisions shall constitute an Agreement between the Town of Mashpee, acting by and through
<br /> L with'a n
<br /> Its Board of Selectmen hereinafter referred to as,"Town
<br /> , and ��� �df�rd ��Services, �:
<br /> address of a
<br /> addr , New Bedford,MA,02746, hereinafter referred to as " WS", signed on
<br /> the day of November, 2013. In.consideration of the mutual covenants contained herein,the parties agree
<br /> as follows:
<br /> PROVIDED1. SERVICES BWSshall provide gown with disposal and/or recycling service
<br /> 'Services") for T own'.s"AcceptablaScilid Waste', as defined below in Section 2 below. The Town shall
<br /> deliver municipal solid waste to the NBSW faci'lity.at 48 Cranberry Hlgh�va , Rochester, MA and shall pay
<br /> BWS a fee of sixty dollars $6 .00) per ton for the first gear 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-exttended.
<br /> 2. T01WN WARRANTItS.The terns "'Acceptable Solid Wastel', as used herein this Agreement,shall near
<br /> mixed household solid Waste generated within the corporate limits of Towh'by its residents and 1 which
<br /> has the characteristics of solid waste norr�rall°~ collected or disposed "of by residences,schools, churches ..
<br /> and municip al offices and 11 which is permitted under"'Applicable Lawn, defined below in this Section 2,
<br /> to be accepted at and processed by the'Fadlit ,, and excluding Unacceptable Solid Waste as defined below.
<br /> Acceptable Solid Waste must be of� size and composition-such that N S is able to process it at the
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<br /> Facility, defined below in Section 6. "Unacceptable Solid Waste" m-ins: a nonhazardous Solid Waste that
<br /> .contains,r�e Mated "Special Waste defined,according to 310 CM 19.0 (b)et. sec.; l azardou� Waite (c)
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<br /> waste that is prohibited from being received,managed or disposed of.at.the Facilµityincluding liquid
<br /> material atcordin.g to Applicable Law.Town (including its subcontractors) represents and warrants that it
<br /> ,
<br /> will comply with.all Applicable Law pertaining tohandling of the `Acceptable Solid Waste".
<br /> is Agreement,the terms (1) "Soll*d Wa-ate"shall mean useless, unwanted or discarded
<br /> for purposes �f th� � .
<br /> solid material, defined pursuant to 310 C R 19.QO6.and other Applicable Law.The terra "'Hazardous-
<br /> Material" and, ar""Hazardous Waste",, used interc-hangeab,ly herein, means and includes, without
<br /> limitation, asbestos,flammable materials, explosives, radioactive or nuclear substances, polychlorinated
<br /> s other known carcinogens, coil and anther
<br /> bi hen I , petroleum products, radon � , urea formaldehyde,'
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<br /> chemicals, gases, solvents, pollutants or contaminants that could reasonably be deter'mined to be a
<br /> detriment or a pose danger to the environment or to the health or safety of any person, and am other
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<br /> hazardous or toxic materials, wastes and substances which are defined, determined or identified as such m
<br /> an resent or future federal state or local laws, by-laws, rules, regulations, cedes or ordinances or any
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<br /> , a
<br /> judicial or administrative interpretation thereof including, without limitation,the Comprehensi'
<br /> '601 et seq.),the Hazardous aterials
<br /> Environmental Response Compensation and Liability Act (42 U §9
<br /> ,
<br /> Transportation Act(49 U.S.C. § .8 1 et seq.),the Public Health Service Act(42 U.S.C. §30 f, et sep� ,the
<br /> Pollu
<br /> tion Prevention Act 2 U.S.C. §13101 et seq.),the Federal insecticide, Fungicide and Rodenticide Act
<br /> 7 U.S.C. § 36 et seq.�,the Resource Conservation and Recover;Act 2U.S.C. §6901 et seq.), the Federal
<br /> WASTE DISPOSAL AGREEMENT Page 1
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