Rescind Approval of Contract - Republic Services of Indiana - Disposal of Special Waste

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c„ A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. Section 21. Definitions. a. Acote Waste — Only waste that satisfies each of the following criteria shall be accepted for disposal at the Facility ("Acceptable Waste"): (a) the waste conforms to the description set forth in the Acceptable Waste Documentation; (b) the waste does not contain any Unacceptable Waste; (c) the waste is accurately reflected on any Special Waste Profile(s) as approved by Republic; (d) the waste is acceptable for disposal at the Facility under all Applicable Laws; and (e) the transportation to and disposal of the waste at the Facility is otherwise in accordance with this Agreement. Title to and liability for any and all Acceptable Waste handled or disposed of by Republic shall at all times remain with the City. b. A�icabIP LA—Nv - Applicable federal, state and local laws, regulations, ordinances, rules, permits, licenses, and governmental orders or directives. C. Hazardous Waste —Waste that is radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic Hazardous Waste as defined by federal, state, provincial or local law or any otherwise regulated waste. Hazardous Waste shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments thereto, and any other applicable federal, state or local laws or regulations. d. Special Waste"'- Waste which is nonhazardous but, because of its physical characteristics, chemical make-up, or biological nature, requires either special handling, disposal procedures including liquids for solidification at the landfill, documentation, and/or regulatory authorization, or poses an unusual threat to human health, equipment, property, or the environment. Special Waste includes, but is not limited to: (i) Waste generated by an industrial process or a pollution control process; (ii) Waste which may contain residue and debris from the cleanup of spilled petroleum, chemical or commercial products or wastes, or contaminated residuals; (iii) Waste which is nonhazardous as a result of proper treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"); (iv) Waste from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes; (v) Waste which may contain free liquids and requires liquid waste solidification; (vi) Containers that once contained hazardous substances, chemicals, or insecticides so long as such containers are "empty" as defined by RCRA; (vii) Asbestos containing or asbestos bearing material that has been properly secured under existing Applicable Law;