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exercising any of its other rights and remedies under this Agreement, including those set out in this
<br />Section. If the City agrees with the Contractor's proof regarding the presence of Excluded Waste in the
<br />City's MSW, then the City shall be responsible for, and bear all reasonable expenses and damags
<br />incurred by the Contractor, as a result of such Excluded Waste and in the reloading and removal of such
<br />Excluded Waste disposed of at the Transfer Station by the City.
<br />Section 17. Definitions.
<br />a. Acceptable Waste — All Solid Waste and Street Sweepings that is authorized to be
<br />disposed of at the Transfer Station under Applicable Law and that is not Excluded Waste.
<br />b. Applicable Law - Applicable federal, state and local laws, regulations, ordinances,
<br />rules, permits, licenses, and governmental orders or directives.
<br />C. Bulky Waste — Stoves, refrigerators, water tanks, washing machines, furniture and
<br />other similar items.
<br />d. Excluded Waste— Excluded Waste is all Bulky Waste; Hazardous Waste; Special Waste
<br />(the disposal of Special Waste shall be addressed in a separate written agreement that is mutually
<br />acceptable to the parties); sewage, earth or material used to fill land in accordance with construction
<br />codes; mining residues; slag; dissolved or suspended solids in industrial wastewater effluents which
<br />are not acceptable for disposal in sanitary sewage treatment system; and any oflter waste that due to its
<br />characteristics or nature (including but not limited to odor and dustiness) Contractor, in its sole
<br />discretion, determines is not appropriate for acceptance at the Transfer Station.
<br />e. Hazardous Waste —A form ofExcludedWasteandis defined asanyradioactive,volatile,
<br />corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or
<br />characteristic Hazardous Waste as defined by federal, state, provincial or local law or any otherwise
<br />regulated waste. Hazardous Waste shall include, but not be limited to, any amount of waste listed or
<br />characterized as hazardous by the United States Environmental Protection Agency or any state agency
<br />pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future
<br />amendments thereto, and any other applicable federal, state or local laws or regulations.
<br />f. Municipal Solid Waste or MSW - All nonhazardous Acceptable Waste collected by the
<br />City, or on its behalf, that is not excluded by this Agreement.
<br />g. Solid Waste - Useless, unwanted or discarded materials with insufficient liquidcontent
<br />to be free -flowing, that result from domestic, industrial, commercial, agricultural, governmental and
<br />community operations which require proper storage, collection, transportation and disposal to prevent
<br />environmental pollution that may adversely affect public health, safety and welfare.
<br />h. Special Waste — Any nonhazardous Solid Waste which, because of its physical
<br />characteristics, chemical make-up, or biological nature requires either special handling, disposal
<br />procedures including liquids for solidification at the landfill, documentation, and/or regulatory
<br />authorization, orposes an unusual threat to human health, equipment, property, or the environment
<br />Special Waste includes, but is not limited to:
<br />(1) Waste generated by an industrial process or a pollution control process;
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