All green waste delivered to the Recyclery’s composting operation is processed to prepare it for composting. Quantities of processed materials that exceed the capacity of the compost windrows are diverted to the landfill for use as alternative daily cover. After composting, the greenwaste is screened to separate small particles for sale as soil amendment. The portion of the material too large for use as soil amendment is delivered to the landfill for application as alternative daily cover.
Assuming a working face size of 160 feet by 160 feet, a material density of 775 pounds per cubic yard, and a cover material thickness of 6 to 12 inches of compacted material, the potential daily use of this material ranges from 184 to 367 tons per day.
• Construction and Demolition Waste (C&D)
C&D waste is received from two sources at the NISL. The first source is the residuals from the Construction and Demolition recovery and salvage area and the second source are loads that are not acceptable for salvage or recovery and come directly from the entrance scales. Both sources of material are processed in accordance with State regulations prior to being utilized as ADC. C&D ADC is then spread and compacted over the waste. The functional equivalent of this ADC is approximated at between 6 and 18 inches.
Assuming a working face size of 160 feet by 160 feet, a material density of 850 pounds per cubic yard, and a cover material thickness of 6 to 18 inches of compacted material, the potential daily use of this material ranges from 201 to 604 tons per day.
Newby Island Sanitary Landfill JTD B.5-3
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B.5.2.2 BENEFICIAL REUSE WASTE TYPES
Beneficial reuse wastes used for purposes other than ADC are received at the facility. The largest category of beneficial reuse materials is for alternative daily and intermediate cover with the remainder utilized for other on-site uses such as liner operations layer, construction fill, road base, wet weather operations pads, access roads, and soil amendments for erosion control and landscaping Imported soils used for covering waste are not being included in the permitted refuse tonnage totals.
Construction and demolition wastes such as broken asphalt, concrete, and other inert debris is used to prepare wet weather pads, temporary access roads and other site improvements. The broken material is spread approximately two to three feet thick over a proposed wet weather pad or internal access roads and then using heavy equipment is crushed and compacted to about 18 inches to two feet thick.
These materials may be stockpiled in areas adjacent to where the material will be utilized. The amount of material consumed for beneficial uses varies on a daily basis depending on which projects are being conducted at the time. When wet weather pads or new lined cells are being constructed the demand is quite high. For example, approximately 6,000 to 9,000 tons of material is needed for a wet weather pad and associated internal road. These wet weather support areas will typically need to be re-constructed twice more during the storm season to ensure continued all weather access.
Another example of beneficial reuse consists of green waste and biosolids being used to enhance the operations layer during the construction of a new refuse cell. When a new refuse cell of approximately 7 acres is constructed, as much as 7,000 tons of materials may be integrated into the operation layer prior to waste placement.
The FEIR evaluated environmental impacts based on a recorded high tonnage day of 14,021 tons. Actual refuse tonnage disposed that day was 2,226 tons with the rest of the materials entering the site for purposes other than refuse disposal. The total incoming tonnage limit is set at 14,021 tpd (maintaining the currently permitted 4,000 tpd for disposal) along with the associated peak traffic volume of 1,269 vehicles per day. The remaining 10,021 tpd (or more if less than 4,000 tpd of refuse Newby Island Sanitary Landfill JTD B.5-4
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is received) allows sufficient flexibility to accommodate a decline in disposed waste and increases in recycling and beneficial reuse materials delivered to the NISL.
B.5.3 INTERMEDIATE COVER PLACEMENT (27 CCR, SECTION 21600(b)(6)(D)) Intermediate cover is defined in 27 CCR, Section 20164, as cover material on areas where additional cells are not to be constructed for 180 days or more to control vectors, fires, odors, blowing litter, scavenging and drainage. In accordance with 27 CCR, Section 20700, a minimum 12-inch thick layer of suitable soil cover material is placed over the top, side slopes and working face of an advancing lift, refuse cell or portions of the disposal area where no additional refuse is to be deposited within 180 days.
B.5.4 ALTERNATIVE INTERMEDIATE COVER
Intermediate cover generally consists of soil placed and compacted to a depth of at least 12 inches. 27 CCR, Section 20700, allows an operator to place alternative materials or alternative thicknesses of intermediate cover as approved by the LEA with the concurrence of CalRecycle. The proposed use of an alternative intermediate cover (AIC) would require a site-specific demonstration project and approval of the RWQCB. An alternative intermediate cover consisting of ground green waste from the compost processing facility and Class A biosolids are placed on interim slopes for winterization to reduce erosion in inactive areas of the landfill and act as a soil amendment for vegetation establishment.
B.5.5 FINAL COVER (27 CCR, SECTION 21090(a)(2))
The purposes of a final cover are to ensure waste containment, minimize surface water intrusion, accommodate settlement and subsidence, isolate wastes from the surface (and human contact), reduce the potential for odors and landfill gas emissions, and to reduce air intrusion into the refuse prism preventing subsurface fire. The cover also provides a base for vegetation, which will reduce drainage velocities and minimize erosion and abrasion of the cover. The State minimum standard prescriptive design for a landfill requires a single low-permeability soil layer cover or a cover which meets the permeability of the bottom liner system.
Several factors were taken into consideration in evaluating the cover design for the NISL to ensure adequate performance of the final cover. These factors included Newby Island Sanitary Landfill JTD B.5-5
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regulatory requirements, the geometry of the landfill, local climatic conditions, potential landfill settlement, erosion protection, vegetative growth, and end use at closure. The following Section B.5.6 and Section E.1.3 of Part E include information regarding the proposed final cover design at the NISL.
B.5.6 ALTERNATIVE FINAL COVER DESIGN CONSIDERATIONS
(27 CCR, SECTION 20080(b))
Federal regulations under 40 CFR, Section 258.60, and State regulations under 27 CCR, Section 20080(b), allow an operator to propose an alternative final cover design in lieu of the prescriptive standards provided the discharger demonstrates equivalent or superior performance of the alternative design relative to the prescriptive standard. To date, within the Northern California area, alternative final cover designs have gained acceptance and some have been approved by the local RWQCBs, CalRecycle, and the LEA’s, as well as other agencies. Two of these sites, Keller Canyon Landfill and the Vasco Road Landfill have been approved for an alternative final cover design by the regulatory agencies. Approval of the alternative final cover design for these sites was based, in part, on final cover performance modeling performed by GLA and documented in the design reports. The alternative final cover modeling documented in these reports has demonstrated that the infiltration performance of the constructed alternative final cover is equivalent or superior to that of the prescriptive standard. The Forward Landfill North Stage 1A partial final closure area has been monitored for over 3 years and the data collected from post-closure monitoring of the closure area demonstrates that these types of final cover systems can perform as designed.
Based on the above mentioned demonstration and approved alternative final cover designs, it is proposed that a similar alternative final cover system be designed for the NISL which will include a 4-foot thick soil cover composed of two feet of on-site soils from the NISL site (lower two feet consisting of one foot of in-place interim cover and an additional foot placed at the time of closure) and additional imported borrow soils that meet the minimum specified engineering characteristics, as described in the Alternative Final Cover Evaluation Report: Newby Island Sanitary Landfill (see Appendix I). The upper three feet of the monolithic four foot thick alternative final cover will be constructed of approved soils with the following characteristics: a maximum particle size of 3-inches, a minimum of 45 percent passing the No. 200 sieve, and a minimum of 15 percent finer than 5-micron for the running average of ten consecutive tests. In addition, these soils shall yield a Newby Island Sanitary Landfill JTD B.5-6
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maximum hydraulic conductivity of 1 x 10-5 cm/sec, as measured by a field collected lab perm sample or an in-situ field permeability test. Following completion of the alternative final cover engineered fill construction, the site should be vegetated with native plant species that will enhance the cover performance, as described in the alternative final cover design report.
An alternative final cover design (four-foot monolithic evapotranspiration cover, which includes the assumed one foot thick intermediate cover), is proposed for the NISL (see Figure 7). IDC plans to import acceptable final cover materials for the NISL closure. Prior to use of these soils for closure, all necessary geotechnical laboratory tests will be conducted to verify that the proposed final cover materials meet or exceed the minimum design requirements as were described in the alternative final cover design report. The design parameters are documented in the alternative final cover design report (Appendix I).
Seven acres of the ten-acre D-shaped parcel have been closed as of May, 2012. The final grades remained approximately the same as existing grades in the “D-shaped” parcel area, and the soil balance remained status quo because no additional import was required (see Figures 3 and 4). Approval of the closure design was received from the RWQCB in their letter dated December 22, 2011 and the LEA concurred with the RWQCB’s approval in their letter dated February 7, 2012 (see Appendix B). The remaining area is potentially slated for closure in 2016. An alternative final cover design (low permeability asphalt cover with Petromat®), was installed over the majority of the D-shaped parcel at the NISL. This final cover consists of the following layers from bottom to top (Figure 7):
• 8 ounce geotextile separator/reinforcement
• Minimum six (6) inches of aggregate base that will contain a geogrid reinforcement layer (as needed per pavement design) • Subgrade enhancement geotextile (SEG) beneath the asphalt that will contain a geotextile reinforcement layer (as needed per pavement design) • Minimum two (2) inches of asphalt
• Petromat®
• Minimum two (2) inches of asphalt
The final cover was selected in lieu of the prescriptive cover due to the planned use Newby Island Sanitary Landfill JTD B.5-7
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of the area subsequent to closure. The closed D-shaped parcel area is utilized for facility parking and roll-off bin storage. A prescriptive cover was infeasible due to the anticipated traffic volume which would preclude the growth of vegetation and result in excessive erosion, rutting, and deterioration of the final cover. This would have required constant repair and maintenance with associated high costs and disruption of the end uses. The final cover is consistent with the performance goal of the prescriptive cover and provides equivalent protection against water quality impairment.
Closure areas that are not used for parking and bin storage received a monolithic evapotranspirative (ET) cover as shown on Figure 7. The cover consists of a four-foot monolithic cover section using on-site soils from the excavation of future cells to be placed above the intermediate cover already in place. The concrete pad of the existing fueling station, located on the western side of the “D-shaped” parcel (see Figure 4), was closed with a low permeability concrete final cover. The existing concrete pad for the fueling station was treated with a sealant in order to reduce the permeability of the Portland cement concrete material. Sealant will be reapplied to the concrete periodically during the post-closure care period to maintain the low permeability quality.
Section B.3.8, describes potential uses of the D-shaped area to support ancillary facilities for disposal operations at NISL and recycling activities at The Recyclery.
During construction of the alternative final cover, construction quality assurance (CQA) observation, monitoring and testing of the final cover soils will be conducted as detailed in the CQA Plan for closure of the NISL site (Appendix C of Appendix I).
The CQA Plan for the Petromat® final cover is included in Appendix Y. CQA observation, testing and geotechnical field and laboratory testing will be conducted pursuant to the CQA plans and the project drawings, plans and specifications.
Newby Island Sanitary Landfill JTD B.5-8
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SECTION B.6
HANDLING
(27 CCR, SECTION 21600(b)(7))
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B.6 HANDLING (27 CCR, SECTION 21600(b)(7))
B.6.1 PUBLIC HEALTH DESIGN PARAMETERS (27 CCR, SECTION 21600(b)(7)(A)) The NISL has been designed to minimize the propagation or harborage of flies, rodents or other vectors and the creation of nuisances caused by solid wastes being deposited at the site. Factors taken into consideration include air and water quality, noise, odor and public safety. Measures established by IDC to ensure that these parameters are protected or controlled are discussed in detail in Section B.7.
B.6.2 SALVAGING ACTIVITIES (27 CCR, SECTION 21600(b)(7)(B))/ VOLUME REDUCTION ACTIVITIES (27 CCR, SECTION 21600(b)(7)(C)) Recycling and resource recovery operations are important to conserving landfill space and reducing the need to landfill throughout the State of California.
Legislation under AB 939 was enacted in 1990 to establish mandatory recycling goals. The current SWFP No. 43-AN-0003 allows salvaging of recyclables; the weight of recyclable materials removed from the waste stream is deducted from the permitted allowable tonnage totals.
The recycling goals of Assembly Bill 939 (AB 939) are met at the NISL through materials recovery and composting at The Recyclery, diversion of recyclable C&D material, use of alternative daily covers, battery, CRT, and waste tire diversion.
B.6.2.1 SALVAGING
Salvageable recyclables recovered at the dumping area include white goods, scrap metal, cardboard, wood, mattresses, and paper products. A landfill employee is used to spot recyclable waste loads and either removes the materials at the active filling area or directs the disposer to unload at a designated area.
Only those recyclable materials, which can be recovered from the waste stream in a safe and efficient manner, are salvaged. Salvaging operations are supervised by the Site Manager. Site traffic and disposal operation are not hindered by the salvaging operations.
Newby Island Sanitary Landfill JTD B.6-1
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The salvaging operations conducted at NISL are discussed in a document titled “C&D Processing Operation” included in Appendix J. Also, listed below is a more detailed description of the processing of recyclable construction materials that enter the site.
Recyclable Construction Material
Source Separated Inert Loads
Inert loads entering the landfill consisting of source separated waste materials such as asphalt, concrete, dirt, and rock are currently diverted from the main waste stream and stockpiled on various portions of the landfill. The inert waste stockpile material is then used for road surfacing, working pads tipping decks, working pads for various pads and applications, and other construction applications. Ground green waste received at the site is used for erosion control and vegetative amendment on intermediate cover.
Mixed Construction and Demolition Loads
Loads entering the landfill consisting of mixtures of construction and demolition waste (typically referred to as CST loads) are identified at the landfill scales and directed to a construction and demolition salvage/recovery area. Typically these mixtures consist of various proportions of the following materials:
• Metal (all forms)
• Concrete
• Asphalt
• Dirt
• Soil
• Rock
• Drywall and other Sheeting Materials
• Wood (all forms)
• Roofing Materials
• Cardboard and other Construction Paper Products
• Plastics associated with the Construction Industry
Due to the composition of these loads, they must be processed to extract the salvageable components of the mixtures. For this reason, these loads are directed to the CST areas. Currently the CST area is in the central portion of the site but is Newby Island Sanitary Landfill JTD B.6-2
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periodically moved depending on site logistics and proximity of the tipping area. At the CST area loads are received, tipped, and inspected for any hazardous material.
The loads are initially processed to remove large pieces of materials using an excavator and/or rubber tire loader and sorters (laborers). Large items are by material type, which currently includes, metal, unpainted/untreated wood, concrete, asphalt, gypsum board, rock, soil, insulation, foam, cardboard, carpet, roofing materials, and waste materials (residuals). Categories are expected to vary depending on the economic viability of end markets.
Material from the initial sorting is either stockpiled or loaded directly into trailers or debris boxes for transport to various markets. Residuals are sorted into two components; the first is material that meets or exceeds current regulatory standards for use as alternative daily cover. The second portion of the residuals that cannot be used as alternative daily cover is weighed and disposed at the landfill.
The material remaining after the initial sort is further sorted utilizing a portable elevated picking station. These remaining materials are loaded into an infeed hopper and transferred via conveyor to an elevated platform where sorters (laborers) pull materials from a moving flat conveyor (picking station). At the picking station, materials are positively or negatively sorted depending on the predominant material in the feedstock. Materials are removed along the picking station by sorters (laborers) and placed in debris boxes or hoppers below the picking station. Material is removed periodically from below the picking station and placed in stockpiles or directly into either trailers or debris boxes for transport to various markets. The picking station provides an increase in the recovery rate for material and a safer work condition for processing the smaller components of the feedstock.
Materials recovered at the site will vary over time but currently consist of the following:
• Scrap Metal (all forms)
• Cardboard and other Construction Paper Products
• Unpainted/Untreated Wood
• Unpainted/Untreated Gypsum Wallboard
• Carpet and Carpet Padding
• Concrete, Asphalt, Rock, Dirt
• Asphalt Roofing Shingles
• Wood Roofing Shingles
Newby Island Sanitary Landfill JTD B.6-3
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Loads shipped to off-site customers are weighed out at the landfill scale, entered in the computer system for tracking, and entered on the month-end report. A monthly report of total incoming tonnages, diverted tonnages and disposed tonnages can be supplied to each jurisdiction.
Depending on outlet market demands various materials will be subsequently processed after sorting. These materials will vary but currently include:
• Processing concrete, rock, and asphalt to produce aggregate base products; and • Processing wood materials to produce a more uniformly sized product to ease transportation.
B.6.2.2 STORAGE OF SALVAGE
Salvaged recyclable materials are stockpiled near the dumping area or other designated area to minimize risk of fire, nuisance, and safety issues.
B.6.2.3 REMOVAL OF SALVAGE
Salvaged recyclable materials are trucked off-site for recycling on a periodic basis depending on the accumulation rate and shipping method.
B.6.2.4 NON-SALVAGEABLE ITEMS
Drugs, cosmetics, foods, beverages, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides, or other materials capable of impairing public health are not salvaged. If any of these materials is present, recyclables in the same load are not salvaged.
Newby Island Sanitary Landfill JTD B.6-4
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B.6.3 EQUIPMENT (27 CCR, SECTION 21600(b)(7)(D))
B.6.3.1 ONSITE EQUIPMENT
A variety of equipment is used for the refuse disposal operation at the NISL. Onsite equipment meets disposal and site maintenance needs to allow operations of the NISL to be conducted in an environmentally sound manner and to comply with all applicable regulatory requirements. Onsite equipment is routinely maintained to provide ongoing compliance with State minimum standards. The numbers and types of equipment utilized to meet operational requirements is adjusted as necessary based on landfill development and refuse inflow rates. Below is a list of the existing onsite equipment. The listed equipment is adequate to handle all site operations in a safe manner and in compliance with all applicable permits and regulations, at maximum permitted tonnage levels.
• 3 CAT 836H Compactors
• 2 CAT D8T Bulldozers
• 1 CAT D6R Bulldozer
• 1 Liebherr PR736 Bulldozer
• 1 CAT 140M Motor Grader
• 2 Excavators (CAT 336 & CAT 330)
• 1 Water Truck
• 1 CAT 966M Rubber Tire Loader
• 1 CAT 740C All Terrain Dump Truck
• 2 CAT 730C All Terrain Dump Truck
B.6.3.2 EQUIPMENT MAINTENANCE PROCEDURES
All site equipment is kept in good operating condition by a mechanic on duty at all times the landfill is in operation. Periodic preventative maintenance and inspection of all site equipment is performed. Preventative maintenance, minor repairs, and major repairs are performed by site personnel and/or outside contractor at the maintenance building located in the central portion of the site, as shown on Figure
3. Newby Island Sanitary Landfill JTD B.6-5
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B.6.3.3 OPERATING SITE MAINTENANCE PROCEDURES
In addition to the equipment maintenance procedures discussed above, 27 CCR, Section 20750, requires a landfill operator to implement a preventative maintenance program to monitor and promptly repair all defective or deteriorating support facilities, environmental controls and containment systems for the landfill. All environmental monitoring and control facilities, ancillary features (i.e., access roads, signs, gates, fencing, landscaping), containment areas and all other onsite structures are inspected routinely and maintained as necessary.
B.6.4 WASTE HANDLING (27 CCR, SECTION 21600(b)(7)(E))
The average working face of the landfill is approximately 160 feet wide, 160 feet long and approximately 20 to 30 feet in height. The haulers are directed to the working face by laborers who serve as traffic controllers. Refuse is unloaded and spread in layers approximately 2 to 4 feet in depth on the active working face. All non-hazardous refuse is handled as a mixture and combined together into the landfill at the working face. The refuse is continually compacted and graded. In general, each waste cell is constructed by pushing waste off the tipping deck to a horizontal pad where spreading and compaction occurs. The equipment used onsite to spread and compact the waste, compactors and dozers, is listed in Section B.6.3. All wastes delivered to the site are scrutinized utilizing the load checking program discussed in the following sections.
B.6.4.1 LOAD CHECKING PROGRAM
No radioactive, hazardous, PCB, or liquid waste is allowed or accepted at NISL. A Hazardous Waste Load Checking Program, contained in Appendix G and approved by the associated regulatory agencies, is implemented to prohibit hazardous waste from entering the site and describes procedures to be followed in the event of unauthorized hazardous waste disposal or attempted disposal.
The scale house operator questions all incoming refuse loads as to the source of the waste when they arrive at the scales. When visual inspection is feasible due to open-top containers and truck beds, a visual inspection is performed by the scale house operator. A scintillometer is also used at the scales to detect radioactive wastes. Site personnel trained to recognize hazardous wastes also watch for unacceptable wastes at the active dumping areas.
Newby Island Sanitary Landfill JTD B.6-6
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The procedures for random load checks and the associated inspection form are located in the site’s Hazardous Waste Load Checking Program. The site is required to perform five (5) random load checks per month. The inspections are performed by the Operations Superintendent or in his absence, his designee. All employees who conduct inspections have been properly trained in the Load Checking Program.
If unacceptable waste is found, response steps and emergency and regulatory agency phone numbers are listed in the Load Checking Program. The LEA, CalRecycle, RWQCB, Santa Clara County Environmental Health Department, and the DTSC will be notified depending on the severity of the incident and type of material recovered. Additionally, the hazardous waste contractor to contact for response, cleanup, packaging, transport, and disposal of the waste is listed.
B.6.4.2 INCLEMENT WEATHER OPERATIONS
Rain and/or high winds are the predominant inclement weather conditions at NISL which may cause the operator to adjust onsite waste handling and disposal procedures. Landfill operations are typically not hampered by light rains. Wet weather operations are performed effectively through the use of proper road construction methods and by locating the active face of the landfill where access is via the shortest hauling distance practically possible.
For high wind conditions, the unloading area is typically reduced in size and, whenever possible, placed in a portion of the landing that affords some protection from the wind. Additional equipment may be utilized to expedite the spreading and compacting of the refuse as soon as it is unloaded. Cover operations may also be implemented prior to the end of the working day to reduce the area of exposed refuse on the working face. In addition, portable litter fencing is in-place and is used downwind around the unloading areas. Litter control procedures are discussed in Section B.7.1.6.
Newby Island Sanitary Landfill JTD B.6-7
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SECTION B.7
CONTROLS
(27 CCR, SECTION 21600(b)(8))
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B.7 CONTROLS (27 CCR, SECTION 21600(b)(8))
B.7.1 NUISANCE CONTROL (27 CCR, SECTION 21600(b)(8)(A)) The following sections describe those measures established by IDC to eliminate and/or minimize those nuisances associated with the operation of NISL to meet the intent of 27 CCR, Section 21600(b)(8)(A).
B.7.1.1 FIRE CONTROL (27 CCR, SECTION 21600(b)(8)(B))
Fire suppressing materials available on-site consist of stockpiled soil near the active face and a water truck. Fire potential at the working face is diminished by maintaining a small working face, proper compaction and covering with daily cover.
Fire extinguishers are maintained on all site equipment, at the employee trailer, the maintenance building, the hazardous waste storage bin, the outside oil and fuel tanks and at the scale houses. All disposal processing equipment has been updated with fire suppression systems in the event of an equipment fire. Site personnel are trained in methods of handling accidental fires on the active face of the landfill in accordance with the site emergency response plan (see Appendix H). A telephone is available at the scale house to contact local fire departments and other agencies in the event of an emergency and all employees have radios/phones for communication purposes. NISL, which is completely surrounded by water, does not require firebreaks.
If the WTSA is constructed at NISL, fire control measures will include 62-foot wide fire lanes on all sides of each of the eight (8) waste tire storage piles, in accordance with State regulations. No vegetation or any other potentially flammable materials will be located within 40 feet of the WTSA and access area.
B.7.1.2 LEACHATE (27 CCR, SECTION 21600(b)(8)(C))
Leachate is generated when water passing through the refuse reacts chemically and biologically with refuse contents. Potential sources of water for leachate formation at NISL include infiltration of rainfall, surface water from surrounding areas draining into the landfill, groundwater infiltration to unlined areas of the waste mass and water contained within the solid waste placed in the landfill. The composition of leachate is highly dependent upon the wastes contained in the landfill and varies Newby Island Sanitary Landfill JTD B.7-1
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significantly within a landfill over time. The leachate management system for NISL is intended to contain and collect generated leachate, and reclaim or dispose of wastewater collected in the leachate control system.
B.7.1.2.1 LEACHATE HANDLING SYSTEMS
The unlined portions of the NISL are not equipped with a functioning LCRS.
However, they are adjacent to the newer lined cells that were excavated to greater depths (-40 msl) creating a hydraulic potential for leachate to migrate from the unlined cells to the adjacent deeper, newer cells that are lined, thus creating an inward gradient.
As shown on Figure 8, LCRS Plan, approximately 52 acres in the central portion of the site is underlain by an LCRS consisting of a gravel blanket drain sloped at approximately 0.5 percent towards leachate collection trenches. Eight cells (Subareas 1 through 8) were constructed according to this LCRS design (Purcell, Rhoades & Associates; October 1, 1986) in the locations shown on Figure 8. As-built construction plans and test data reports were prepared and approved by the RWQCB. Leachate from these eight cells is collected at three sumps located along the boundary of the pre-Subtitle D LCRS area, as shown on Figure 8. Leachate is removed from these sumps with pumps set in 24” diameter HDPE vertical riser pipes which extend to the top of the waste fill.
Beginning in 1994, landfill construction at NISL commenced pursuant to the provisions of 40 CFR, part 258, commonly referred to as RCRA Subtitle D. Two disposal cells were constructed that year, called Subareas 9A and 9B. Subarea 9C was constructed in 2002 and 2003, followed by Subarea 10 in 2005, Subarea 11 in 2006, Subarea 12 in 2007, Subarea 13 in 2008 and Subarea 14 in 2009, Subarea 15 in 2011, Subarea 16 in 2013 and Subarea 17 and Station 6 in 2017. See Figure 8 for the location of these cells. The LCRS in the Subtitle D area consists of a 1-foot thick gravel blanket (bottom) or geocomposite drainage net (side slope) draining to a network of HDPE pipes which convey leachate toward a series of leachate collection sumps located along the south side of the landfill. All remaining permitted disposal areas are being constructed with an LCRS in accordance with Subtitle D.
Leachate is currently pumped from the discharge sumps and collection areas to tanks located on the D-Shaped parcel, east of the flare compound. The leachate is Newby Island Sanitary Landfill JTD B.7-2
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then pumped into tanker trucks and transported to the San Jose/ Santa Clara Pollution Control Plant for treatment and disposal.
Two leachate-level monitoring points are located in the northern portion of the site, as shown on Figure 9, and are monitored in accordance with WDR Order No. R2- 2005-0020.
B.7.1.2.2 LEACHATE VOLUMES
Leachate is currently collected in two sets of enclosed sumps (Figure 8):
• One set of three sumps collect leachate from subareas 1 through 8, the 51-acre LCRS in the central portion of the site, as well as from the adjacent northern area of the landfill, which has no LCRS; this leachate flows toward the LCRS area in a cascading manner.
• Leachate from the Subtitle D lined areas is currently collected in four sumps located in subareas 9C, 11, 13, and 15 along the southern edge of the site.
Leachate from all sumps is pumped to storage tanks located adjacent to the landfill maintenance shop, where it is loaded into tanker trucks for transport to a permitted treatment plant. The site currently processes approximately 35,000 gallons of leachate per day, 7 days per week.
The objectives and criteria in designing the LCRS and its components are to:
• Keep leachate levels to 1 ft or less at all points above the liner system except in the sumps;
• Collect and remove twice the anticipated maximum daily volume of leachate; • Long-term performance in a leachate environment under the expected maximum landfill loading condition.
• Rapidly transport collected leachate from the liner to the leachate collection sump.
Newby Island Sanitary Landfill JTD B.7-3
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B.7.1.2.3 LCRS DESIGN
The LCRS pipe sizes (main line and laterals), layout, and the leachate collection sumps will be designed during the detailed design of each subarea using a maximum flow of 5.49 gallons per acre per minute as determined by the HELP analyses (see Appendix K). The minimum hydraulic conductivity and thickness for the LCRS granular layer shall be 1 x 10-2 cm/sec and 0.75 feet, respectively. The LCRS piping design and layout for each future subarea will be designed to maintain the leachate head to 1-foot or less at all points over the liner system as well as handle twice the anticipated maximum daily volume of leachate.
B.7.1.3 DUST CONTROL (27 CCR, SECTION 21600(b)(8)(D))
The dust control program primarily consists of asphalt paving of the main internal haul roads, proper maintenance and watering of the haul roads and, if applicable, water spraying of soil cover work areas when conditions exist which may result in the formation of fugitive dust. Daily and intermediate covering (inactive areas) of waste with clayey soils and temporary vegetation also assist in dust control.
B.7.1.4 VECTORS (27 CCR, SECTION 21600(b)(8)(E))
Daily and intermediate soil covering of the active and inactive waste placement areas is used to control the presence of birds and vectors. Birds are also controlled by maintaining a small working face. If vector problems become apparent, a licensed pest control professional is contracted to eliminate the problem. If the WTSA is constructed, breeding and harborage of mosquitoes, rodents, or other vectors will be prevented using the following measures, in accordance with 14 CCR, Section 17353:
• All tire piles, active or inactive, will be covered with a plastic tarp that is tear, puncture, UV and chemical resistant. Other than when the tires are being transferred from the roll-off container to the pile, the covers will remain in place at all times anchored with tie-downs, sand bags, or soil to prevent wind from blowing the covers off the piles. In the event of rain, waste tires will be stored in the roll-off container at the working face until dry weather allows for the tires to be transferred to the piles; at no time during wet weather will the tire piles be uncovered.
• Tires will be processed to eliminate the water holding capacity of the waste tires.
Newby Island Sanitary Landfill JTD B.7-4
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• Under the direction of the County of Santa Clara – Vector Control District (CSCVCD), IDC will inspect active tire piles at least once per week for the presence of vectors. If any water is captured in the tires, a sample will be collected and inspected for the presence of mosquito larvae. If any vectors are evident, the CSC-VCD will be notified and the appropriate abatement measures will be taken. In addition, the mosquito species Aedes albopictus is of utmost concern and interest to the CSC-VCD, and will be specifically inspected for and notification of its presence will be made immediately. The CSC-VCD will be allowed to independently inspect and monitor the WTSA for vectors; any control or abatement measures suggested by the CSC-VCD will be taken.
B.7.1.5 DRAINAGE AND EROSION (27 CCR, SECTION 21600(b)(8)(F)) The NISL is protected from exterior floodwater inundation, run-on, and tidal waters by a perimeter levee system. The perimeter levee, at approximately 14 feet above msl adjacent to Coyote Creek, protects the NISL from the 100-year flood with a design flood stage of 9 feet above msl and tidal influences.
Stormwater runoff and sub drain water within the active portion of the facility is diverted and channeled within a series of drainage ditches and berms, which then empty into one of the stormwater basins in the southern and western portions of the site. Collected stormwater is discharged off-site, provided analyses show that no constituents of concern are present. The remaining runoff from the northern portion of the site flows directly to Coyote Creek. In compliance with the WDRs, stormwater runoff adjacent to the working face of the landfill is collected separately and disposed with the leachate.
The interim stormwater management system at the NISL has been designed to be capable of handling the runoff resulting from a 24-hour, 100-year storm. Storm water runoff is contained within the conveyance channels and discharged to the basins. Runoff from both the D-shaped parcel area and The Recyclery is conveyed toward vegetated swales located along the north side of the main access road on either side of the landfill gas flare station. These swales are periodically maintained and are designed to provide removal of total suspended solids as the water flows towards the main stormwater basin. Since the current basin is located below sea level, the collected stormwater is pumped in order to discharge off-site. In the event of a 100-year storm or greater, the pumps in the basin will be run more frequently to remove the collected run-off. If necessary, additional pumps can be obtained and placed on-line to maintain collection and runoff control.
Newby Island Sanitary Landfill JTD B.7-5
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As the site is developed, drainage swales, ditches, berms, and piping will be constructed and maintained to prevent ponding on-site and to control run-off and erosion. Unpaved roads are graded to assist in water sheeting and flow. The interior drainage system is maintained to be clear of sediment or debris. On intermediate slopes, temporary overside drains that extend from the top of slope to the bottom of slope are used to convey run-off to drainage swales with a minimal amount of erosion.
At final build-out of the landfill, similar drainage and erosion control measures will be employed but will be permanent rather than temporary, and transitional in nature. Vegetation on fill slopes will be used for erosion control. In addition to the above, waddles, silt fences and other measures are to be used as needed in designated areas until vegetation or other more permanent erosion control measures are established.
Post-closure drainage is discussed in the Preliminary Closure and Post-Closure Maintenance Plan (Section E.1.7); generally, after final grades are reached, runoff will be directed to a collection trench at the perimeter levee and discharged to one of two onsite stormwater basins. These basins discharge directly to Coyote Creek and Mud Slough through standpipes. The standpipes are designed to empty the basins within 72 hours. Details for standpipes have been provided in Figures 10 and 11.
The facility is subject to the NPDES General Industrial Stormwater Permit for California and implements a Storm Water Pollution Prevention Plan (SWPPP) under that program for the control of pollutants in storm water runoff. The SWPPP describes the specific erosion control measures used on-site and is reviewed annually and updated as needed.
B.7.1.6 LITTER (27 CCR, SECTION 21600(b)(8)(G))
The primary cause for litter around the landfill is wind, which at times carries refuse (primarily plastic bags and paper) away from the tipping area and from vehicles transporting wastes to the site. A Litter Control and Prevention Plan (see Appendix L) has been prepared for the site to prevent wind blown litter from leaving the landfill property. The plan is divided into four components as follows:
• High wind control measures;
• Portable, temporary, and permanent litter fences;
• Inspections; and
• Site contacts.
Newby Island Sanitary Landfill JTD B.7-6
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B.7.1.7 NOISE (27 CCR, SECTION 21600(b)(8)(H))
Site operations are conducted in compliance with Cal-OSHA regulations for noise.
Noise levels of on-site equipment are controlled by installation and proper maintenance of mufflers on all motorized vehicles. Noise from on-site operations is not likely to create a health hazard for persons (customers) using the site due to their limited exposure. Site personnel are provided with earplugs to reduce impacts from continued exposure to on-site noise levels.
The relocation or construction of new buildings would generate short-term construction noise impacts. Typical hourly average construction generated noise levels are about 81 to 88 dBA measured at a distance of 50 feet from construction activities. Operational and/or physical changes necessary to comply with existing and new regulations could result in an incremental increase in noise levels on the site. Specific future operational and/or physical changes are unknown at this time; however, there are no sensitive land uses (e.g., residences, parks) adjacent to the site. While there would be a temporary increase in noise from construction on the project site, it is anticipated that the noise levels from the proposed project site would not be distinguishable from the existing noise generated by I-880, which is located closer to the sensitive land uses (i.e., the residences located to the east of I880) than the project site.
B.7.1.8 ODOR CONTROL
As bacterial decomposition proceeds, odorous compounds can escape from the landfill surface through cracks in the surface cover. Other possible sources of odors are the actual wastes. Some household and consumer products contain substances with distinctive odors. Because offensive odors rarely cause any physical harm and no requirements for their control are included in state or federal air quality regulations, the BAAQMD does not currently have any rules or regulations that place quantifiable limitations on emissions of odorous substances. Any actions related to odors are based on citizen complaints to local governments and BAAQMD.
Currently, NISL employs a comprehensive approach to controlling odors by utilizing several odor control measures (OCMs). The utilization of landfill gas collection and control systems, daily cover, water trucks, odor eliminating additives, meteorological stations, and the proper maintenance of windrows, when employed in concert, can Newby Island Sanitary Landfill JTD B.7-7
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be effective in reducing the creation as well as the transport of offensive odors. In addition to the measures utilized at the landfill, the composting facility has an established Odor Impact Minimization Plan (dated March 2008) in place to control and address odor complaints.
B.7.2 GAS MANAGEMENT PLAN (27 CCR, SECTION 21600(b)(4)(E)) Landfills which receive organic wastes in some significant quantity eventually produce landfill gas. The decomposition of organic wastes within the refuse prism generates landfill gas as a by-product. This landfill gas generally consists of equal amounts of methane and carbon dioxide along with traces of other constituents.
The production of landfill gas within the refuse cell is of interest primarily due to the explosivity of methane in concentrations between 5 and 15 percent by volume in air.
Landfill gas controls are implemented to prevent surface emissions in excess of State and Federal regulations. State and Federal regulations also require the control of landfill gas to prevent it from migrating into onsite structures and beyond the landfill boundaries and accumulating in offsite structures.
B.7.2.1 LANDFILL GAS COLLECTION SYSTEM
The existing landfill gas (LFG) collection system meets all BAAQMD regulations for construction and monitoring and is permitted through the Major Facility Review Permit, facility #A9013 and #A5472 (see Appendix C).
Landfill gas produced at the site is collected and destroyed in the NISL’s flares.
Figure 12, Gas System Plan, shows the current extent and layout of the collection system for landfill gas. Three to six-inch diameter gas collection wells, at depths of 40 to 143 feet, are currently used to recover landfill gas. Two electrical generation plants, referred to as Newby 1 and Newby 2, are located at the NISL. As discussed in Section B.3.7.3, these facilities have been phased out and decommissioned. The gas export plant, referred to as Newby 3, has been shut down. There are currently two enclosed flares (Flares A-2 and A-3) with maximum permitted capacities of 2,400 scfm and 5,000 scfm,respectively (see Figure 12). The A-1 Flare was decommissioned in March 2015. On May 29, 2015, Republics ubmitted a notification to the BAAQMD regarding the permanent decommission of the A-1 Flare. The A-1 Flare has been removed from the site.
.
As refuse placement progresses, gas collection wells will be placed on the newer fill areas when appropriate. Condensate is collected in a series of collection sumps Newby Island Sanitary Landfill JTD B.7-8
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along the header lines and routed to the leachate tanks where it is discharged into tanks and stored for later transport by truck to an off-site permitted treatment plant.
B.7.2.2 PERIMETER MONITORING NETWORK REGULATORY COMPLIANCE (27 CCR, SECTION 20925 (a) through (d))
As of September 20, 2007, new regulations for Gas Monitoring and Control at Active and Closed Disposal Sites became effective. For disposal sites which receive greater than 20 tons of waste per day, compliance was required by October 18, 2009. Based on an internal determination that the former perimeter landfill gas monitoring probe network at the NISL did not meet the current requirements of Title 27, Republic initiated efforts to bring the network into compliance. As part of this effort, Republic contracted with SCS Engineering to prepare and submit the Perimeter Gas Migration Monitoring Plan, Newby Island Landfill (SWIS 43-AN-0003), dated December 12, 2008; and the Addendum to Revised Perimeter Gas Migration Monitoring Plan, Newby Island Landfill (SWIS 43-AN-0003), dated September 2, 2009. The Monitoring Plan and addendum were reviewed and approved by the City of San Jose and the CIWMB (currently CalRecycle). Ten (10) perimeter landfill gas monitoring probes were installed at the NISL. The newly installed perimeter probes were constructed in accordance with 27 CCR, Division 2, Chapter 3, Subchapter 4, Article 6, Section 20925. In addition, eight (8) existing perimeter probes, that were not compliant with 27 CCR, were abandoned. Ten remaining existing probes remained in place as they meet the 27 CCR requirements. The perimeter landfill gas monitoring probe network consists of GP-1R through GP-6R, GP-8R, GP-11R, and GP12 through GP-23 as shown on Figure 13.
All perimeter probes (GP-1R through GP-6R, GP-8R, GP-22 and GP-23) were constructed of 3/4-inch diameter, Schedule 80 PVC blank casing, and Schedule 80 PVC screened casing with a slot size of 0.020". Blank casing was installed from the ground surface to between 5 and 8 feet bags, depending on conditions at each location with the screened section being installed from this point to the bottom of the well.
A granular filter pack consisting of No. 3 Monterey type sand was placed in the annular space between the screen and the borehole wall. Filter pack was placed in each boring to approximately 1 foot below the bottom of the screen and 1 foot above the top of the screen. A low permeability seal, consisting of between 2 and 8 feet of Environ-Plug medium betonies chips, was placed immediately above the filter pack. Construction details are shown on the Boring Logs and presented on Table 1 in Appendix M.
Newby Island Sanitary Landfill JTD B.7-9
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A total of eight (8) non-compliant perimeter landfill gas monitoring probes, GP-1 through GP-6, GP-8 and GP-11 were abandoned. Of these, only GP-11 was drilled out using a hollow stem auger drill rig. All GP-11 probe materials were removed to the original installation depth of 10 feet bags, creating a borehole of equivalent diameter to the original. Medium bentonite chips were backfilled through the annulus of the augers to 3 feet bags. The chips were hydrated with clean water per manufactures instructions (i.e. 5 gallons of water to every bag of chips placed in the borehole as recommended by Woy-Ben Industries).
The remaining probes were located on a slope above the surrounding marsh and were not accessible by the hollow stem auger drill rig performing the abandonments. As a result, these probes were abandoned by cutting the steel casing down to approximately 2 to 3 feet bags, and filling the casing with bentonite chips, that were hydrated in-place with clean tap water. Following placement and hydration of the bentonite chips, the interval from the top of casing to the surface was backfilled with soil. Abandonment details are presented on Table 2 of Appendix M.
In a memorandum dated February 18, 2013 (see Appendix B), the Engineering Support Branch of CalRecycle addressed the request for the exclusion of perimeter monitoring, with the exception of the probes surrounding the D-shaped parcel. The exclusion request is based on demonstration that there is no potential for adverse impacts on the public health and safety and the environment. In specific, perimeter probes GP-1R through GP-6R, GP-11R, and GP-12 through GP-21 have been excluded from the 5% by volume methane compliance level. These probes will continue to be monitored to demonstrate performance of the expanded landfill gas collection system, including the installation of the pneumatic pumps to remove liquids to ensure acceptable functioning of the extraction wells.
B.7.2.3 MONITORING
Perimeter and surface landfill gas at NISL are monitored at NISL in accordance with CFR 258.23 (Subtitle D) and the BAAQMD Regulation 8, Rule 34.
Newby Island Sanitary Landfill JTD B.7-10
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B.7.2.3.1 METHOD AND FREQUENCY
Perimeter and surface landfill gas monitoring are conducted on a quarterly basis.
Surface and perimeter landfill gas concentration is measured with a portable Flame Ionization Detector (FID), or equivalent, in accordance with EPA Reference Method 21 (40 CFR 60).
B.7.2.3.2 PERIMETER GAS MONITORING
The results of perimeter landfill gas monitoring at the NISL have shown that there is no landfill gas migration off-site. The perimeter landfill gas monitoring probes were designed and spaced according to 27 CCR requirements.
B.7.2.3.3 REPORTING
The RWQCB and LEA do not require the results of perimeter landfill gas monitoring to be reported. Results of quarterly landfill gas monitoring are maintained in the operating record for inspection at the IDC office. Semi-Annual reporting is required by the BAAQMD as indicated in the Major Facility Review Permit, facility #A9013 and #A5472 (see Appendix C).
B.7.2.4 STRUCTURE MONITORING
Onsite structures at the NISL are monitored monthly, in accordance with 27 CCR, Section 20931, for detection of potential landfill gas migrating into building structures. The regulatory threshold is 1.25 percent methane by volume.
B.7.2.5 LANDFILL GAS MONITORING AND CONTINGENCY COLLECTION SYSTEM FOR THE DSHAPED PARCEL Methane gas is not anticipated to be detected in the D-shaped parcel area in the future as the D-shaped parcel area was previously utilized primarily as a burn dump.
Additionally, boring logs from the D-shaped parcel area show no municipal solid waste, the decomposition of which generates landfill gas as a by-product.
Furthermore, monitoring results from probes indicate no methane. In order to ensure no methane collects beneath the landfill cover, a landfill gas monitoring and contingency collection system was installed as part of the partial closure of the Dshaped parcel.
Newby Island Sanitary Landfill JTD B.7-11
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The monitoring and collection system (see Figure 25) consists of evenly spaced high permeability trenches (graded to gravity flow from the north to the south) with perforated HDPE pipes (Figure 7). Each lateral trench and pipe has a stub out (monitoring point for the pipe) and a liquids collection sump at the perimeter of the cap system. Quarterly monitoring is conducted to monitor for the presence of methane and liquids. Recent quarterly monitoring (October 2013) resulted in no methane concentrations in exceedance of one percent methane and no liquids.
Should landfill gas be detected during routine monitoring, the contingent landfill gas collection system in the D-shaped parcel would be modified by connecting it to the landfill gas collection/control system. Should any liquid be detected in a quarterly monitoring event, then the system would be modified by installing airpowered pumps in the sumps, discharging to the existing leachate storage tanks for eventual transport for off-site disposal.
B.7.3 GROUNDWATER MONITORING SYSTEM
Groundwater at the NISL is monitored in accordance with 40 CFR 258.50-58 (Subtitle D), and the DMP prescribed by the RWQCB in WDR Order No. R2-2005- 0020 (see Appendix C).
B.7.3.1 GROUNDWATER MONITORING LOCATIONS
The current groundwater monitoring system at NISL, as shown on Figure 9, consists of the following:
• One (1) background (upgradient) groundwater monitoring well (MW-11); • Eleven (11) down-gradient groundwater monitoring wells (MW-2 through MW-4A, MW-5R, MW-6 through MW-8, MW-9A, MW-10, MW-13, and R-2R); and
• Eight (8) piezometers used to measure groundwater/leachate levels underlying the site (W-SW, GR-2A, GR-7, LPZ-1R2, LPZ-2R, LPZ-3, LPZ-4R, and LPZ-5R).
Boring and construction logs for all groundwater monitoring wells are contained in Appendix N of this JTD. Previously existing groundwater wells MW-5 and R-2 and piezometers R-1, R-3 and R-4 were abandoned and replaced by groundwater wells MW-5R and R-2R in March, 2012 as part of the closure of the D-shaped parcel. The Newby Island Sanitary Landfill JTD B.7-12
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“As-Built Groundwater Well Installation and Abandonment Report” is included in Appendix N-1. In addition, well MW-13 was destroyed by heavy equipment in September 2018. A replacement well (MW-13R) was installed on September 3, 2019.
B.7.3.2 SAMPLING AND ANALYTIC PROCEDURES
Groundwater monitoring, analysis, and reporting at NISL is completed in accordance with the Detection Monitoring Program (DMP) prescribed in WDR Order No. R2-2005-0020, which is contained in Appendix C. Groundwater levels are measured quarterly in all groundwater monitoring wells in accordance with WDR Order No. R2-2005-0020.
B.7.3.3 SURFACE WATER MONITORING
Surface water at NISL, including stormwater runoff and collected subdrain water, is monitored in accordance with the Self Monitoring Program (SMP) prescribed by the RWQCB in WDR Order No. R2-2005-0020 (see Appendix C). Surface water monitoring points at NISL, shown on Figure 9, are as follows:
• The stormwater/subdrain water basin south of the maintenance building at Upper Pond monitoring point SW-1;
• South Mud Slough at monitoring point SW-2; and
• Coyote Creek at monitoring point SW-3.
The SMP also fully describes surface water sampling procedures, field sampling and laboratory QA/QC, and all laboratory tests.
B.7.3.4 VADOSE ZONE MONITORING SYSTEM
Due to site geologic and hydrogeologic conditions, monitoring of the vadose zone is not required.
Newby Island Sanitary Landfill JTD B.7-13
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B.7.3.5 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
MONITORING PROGRAM (SMP)
In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act (CWA)) was amended to provide that the discharge of pollutants to waters of the United States from any point source is effectively prohibited unless the discharge is in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. The CWA was amended in 1989 and codified as final regulations in 1990 in 40 CFR, Part 122, the State Water Resources Control Board (SWRCB) elected to issue a statewide General Permit that would apply to all discharges covered under the new regulations, except municipal storm drain systems and storm water discharges from construction activities, which are covered under state-wide permits. The California General Permit (CGP) was initially issued in November 1991 under Water Quality Order No. 91-31-DWQ.
The SWRCB issued a revised CGP under Order No. 97-03-DWQ (Waste Discharge Requirements- WDR) in April 17, 1997 to replace the existing CGP issued under Order No. 91-13-DWQ. This CGP was issued to revise some of the provisions of the expired permit in accordance with federal regulations.
The NISL is a Class III municipal solid waste landfill which complies with the NPDES – California General Permit No. CAS000001 requirements. The NISL had developed and is continuously implementing the approved Storm Water Pollution Prevention Plan (SWPPP) and the Monitoring Program and Reporting Requirements (MPRR) in accordance with federal and state regulations. A copy of the current SWPPP is included in Appendix AA. Please note that heavy equipment washing is performed at the working face.
B.7.3.6 REPORTING
Republic conducts compliance monitoring and submits associated reports in accordance with WDRs for the NISL. Republic also submits semi-annual DMP monitoring reports and annual compliance statements.
Newby Island Sanitary Landfill JTD B.7-14
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B.7.4 TRAFFIC (27 CCR, SECTION 21600(b)(8)(I))
After entering the facility, site users stop at the scale houses and scales to be weighed, pay fees, and receive directions before proceeding to the active dumping area. Traffic control and speed limit signs are provided to direct site users. IDC maintains a full-time employee to direct traffic and enforce safety regulations at the active working face and public dumping area. All landfill haul roads are of sufficient width to allow two-way traffic. Traffic flow is not significantly impeded during peak loading periods at the gate or in the area of the active working face. Also, sufficient vehicle on-site stacking capacity is available at the scales and at the active working face. No turns across traffic are required.
B.7.4.1 TYPES AND NUMBERS OF VEHICLES ANTICIPATED TO ENTER THE FACILITY An all weather access road extends approximately 2,500 feet from the McCarthy Ranch Road/Dixon Landing Road intersection to the gatehouse and scale. A gate at the intersection is locked when the facility is closed to restrict unauthorized entry.
Vehicles stop at the scale house, are inspected and pay fees and receive directions before proceeding to the active working face or recycling areas. Traffic control signs are provided to direct site users. The operator maintains a full-time employee to direct traffic and enforce safety regulations at the active working face and recycling areas. Traffic flow is not significantly impeded during peak loading periods (usually Mondays) at the gate or in the area of the active working face. Also, sufficient vehicle stacking capacity is available at the gatehouse and at the active working face.
Site traffic was studied in 2008. This study represented the typical traffic at the site and characterized the maximum traffic that would occur when peak tonnages enter the landfill and the Recyclery. The study found no significant impacts to transportation systems around the facility even at peak tonnages. In general, peak traffic occurs during periods of the year when city clean up activities, creek maintenance and household disposal activities increase traffic to the facility. The maximum number of vehicles anticipated to enter the facility including the landfill and the Recyclery is 1,546 per day. This only includes those vehicles bringing materials to the landfill (1,269 vehicles) and the Recyclery (277 vehicles) and does not include employees, visitor, vendors, regulatory personnel, construction or other vehicles not hauling waste and recyclables to the facility.
Newby Island Sanitary Landfill JTD B.7-15
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The types of vehicles entering the facility include the following:
• 3-axle and 5-axle Refuse Collection Packer Trucks
• 10-Wheel Dump Trucks
• 18-Wheel Tilt-up Trucks
• Belly-dump Tractor Trailers
• Public Customer Automobiles and Pick-up Trucks
• Employee Automobiles and Pick-up Trucks
• Equipment Service and Maintenance Vehicles
• Fuel Transport Vehicles
• Leachate Transport Vehicles
• Supply Vendor Vehicles
B.7.5 HAZARDOUS WASTE (27 CCR, SECTION 21600(b)(8)(J))
No radioactive, hazardous, PCB, or liquid waste is allowed or accepted at the NISL. A Hazardous Waste Load Checking Program, contained in Appendix G and approved by the associated regulatory agencies, is implemented to prohibit hazardous waste from entering the site and describes procedures to be followed in the event of unauthorized hazardous waste disposal or attempted disposal.
The scale house operator questions all incoming refuse loads as to the source of the waste when they arrive at the scales. When visual inspection is feasible due to open-top containers and truck beds, a visual inspection is performed by the scale house operator. A scintillometer is also used at the scales to detect radioactive wastes. Site personnel trained to recognize hazardous wastes also watch for unacceptable wastes at the active dumping areas.
The procedures for random load checks and the associated inspection form are located in the site’s Hazardous Waste Load Checking Program. The site is required to perform five (5) random load checks per month. The inspections are performed by the Operations Superintendent or in his absence, his designee. All employees who conduct inspections have been properly trained in the Load Checking Program.
If unacceptable waste is found, response steps and emergency and regulatory agency phone numbers are listed in the Load Checking Program. The LEA, CalRecyle, RWQCB, Santa Clara County Environmental Health Department, and the DTSC will be notified depending on the severity of the incident and the type of waste Newby Island Sanitary Landfill JTD B.7-16
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encountered. Additionally, the hazardous waste contractor to contact for response, cleanup, packaging, transport, and disposal of the waste is listed.
Commercial contracts are processed through Republic's Special Waste Department which has developed sampling and testing protocols to ensure that waste profiles meet acceptance criteria for the site. Incoming loads are subject to random inspections and video surveillance at the gate to verify that material conforms to approved contract profiles. Unacceptable material identified at the working face is removed and isolated for proper disposal at an appropriate third party disposal facility.
Newby Island Sanitary Landfill JTD B.7-17
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APPENDIX H
EMERGENCY ACTION PLAN
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© 2009 Republic Services 09/15/09 Emergency Action Plan
NEWBY ISLAND SANITARY LANDFILL
I. PURPOSE
This Emergency Action Plan is designed to provide guidance to personnel in the event of an emergency and outlines the required procedures for responding to emergencies. Emergencies both man-made and natural may require this facility to be evacuated or shelter-in-place. These may include, but are not limited to, fires, explosions, floods, earthquakes, hurricanes, tornados, toxic material release, radiological and biological accidents, civil disturbances, and workplace violence.
This plan has been developed to provide direction in responding to these and other types of emergencies and ensure the facility’s compliance with OSHA 29 CFR 1910.38, Emergency Action Plans.
II. DEFINITIONS
None
III. RESPONSIBILITY
The Facility Manager is in charge of any emergency at this facility. All communication, questions, etc., are to be directed to the Facility Manager, who has full authority, including the management decisions listed within this plan.
The Facility Manager is responsible for:
a. Assigning alternates to serve in his/her absence, they are listed on the Emergency Contact List in Appendix B.
b. Designating the appropriate emergency response personnel for the various types of emergencies outlined in this plan, and who will assist the Facility Manager in the evaluation and response to emergencies.
c. Ensuring that all personnel are trained on the procedures outlined in this plan. d. Making the decision to shut down operation and whether to shelter-in-place or evacuate during an emergency
To Do:
- Annual training to employees
- Conduct mock fire drill
- Update evac map (if changes)
- Update Appendix A,B,C
Annual / Update Review
2/27/2020
Signature Date
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© 2009 Republic Services 09/15/09 Emergency Action Plan e. Directing the shelter-in-place, evacuation and search of the facility, and recall of personnel during an emergency
f. Communicating with local law enforcement and local emergency response personnel to review this plan, the facility, and communicate with them during an emergency. g. Conducting mock emergency drills to train personnel and test this plan at least annually. h. Ensuring that this plan and the contact personnel are kept up to date with current work practices and contacts.
IV. EMERGENCY ACTION PLAN OVERVIEW
Depending on the circumstances and the type of emergency, the first important decision is whether to stay at the facility (shelter-in-place) or evacuate. Facility management will use all available information to determine if there is an immediate danger. In any emergency, local authorities may or may not immediately be able to provide information on what is happening and what the facility should do.
Facility management will make the decision to either shelter-in-place or evacuate in the absence of direction from outside agencies. This plan is designed to account for both possibilities.
Facility management will use available information to assess the situation. If there is a large amount of debris in the air, or if local authorities say the air is badly contaminated, the decision may be to "shelter-in-place." Information will be gathered from watching TV, listening to the radio, or checking the Internet often for information or official instructions as it becomes available. There are numerous emergencies that may prompt personnel to shelter-in-place.
Examples of these types of emergencies include; terrorist attacks, toxic material releases, radiological and biological accidents, civil disturbances, workplace violence, and tornados.
If told to evacuate or seek medical treatment from the authorities, the facility will do so immediately.
In preparation for these events the facilities has designed the following plans to help instruct personnel on who to contact, where to go, and the basic emergency supplies information.
1. Emergency Information List (Appendix A)
The emergency information list contains emergency responders, contact phone numbers, emergency assembly locations, and shelter-in-place locations. It outlines the basic actions that must be taken in the event of an emergency.
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2. Emergency Contact List (Appendix B)
The emergency contact list is posted in multiple locations around the facility so to be used to initiate this emergency action plan. This list contains the home and work phone numbers of key staff and support personnel (e.g., corporate staff, police, fire, emergency medical support, and relevant government agencies). It also contains the names and/or titles of those individuals who are assigned to serve as the facility’s Emergency Coordinator, spokesperson, and their designated alternates.
3. Spill Response Information (Appendix C)
The spill response information contains information on chemicals stored on site, storage amounts, spill cleanup supplies, personal protective equipment, and the names of personnel trained in spill response procedures.
4. Site Evacuation Map
The site evacuation map(s) (Appendix D) contain the emergency escape routes for the buildings and/or area. In addition fire extinguishers, first aid kits, spill response kits, and other emergency response equipment are indicated. Upon notification of an evacuation, all personnel who are not directly involved in responding to the emergency must go directly to the emergency assembly location(s) indicated on this map. Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility.
The emergency assembly areas were selected because there is sufficient area to accommodate all personnel. They are located away from busy streets and out of the way where they will not interfere with rescue and emergency response operations. The location is also up-wind from the most common or prevailing wind direction from the potentially hazardous areas on site.
5. Employee Personal Information
Personal emergency response information is kept with the human resources department. This information, which may be needed in the event of an emergency includes:
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© 2009 Republic Services 09/15/09 Emergency Action Plan a. Home telephone numbers
b. Names and telephone number of next of kin, and
c. Medical information
This information is maintained in such a way that it can be readily retrieved in the event of an emergency.
6. Rescue
Rescue operations at this facility will only be performed by outside agencies that have professionally trained, equipped, and certified personnel to perform rescue operations.
7. Detailed Procedures
Below are detailed procedures for each of the following events:
a. Fire Response Procedures
b. Shelter-in-Place Procedure
c. Evacuation Procedure
d. Medical
e. Weather
f. Spill Response Plan
g. Bomb Threat
V. FIRE RESPONSE PROCEDURES
This outlines when it is safe, and not safe, to fight a fire with a fire extinguisher. Promptly reporting a fire is always the first response. This is to alert everyone and make sure they are evacuated to the emergency assembly location if necessary.
1. Report Fires Immediately
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© 2009 Republic Services 09/15/09 Emergency Action Plan Activate the emergency alarm system and report all fires immediately to the facility manager or the nearest member of management and notify the fire department.
2. Small Fires
Personnel who have completed annual fire extinguisher training may attempt to extinguish small fires. A small fire is defined as a fire that can be controlled or extinguished by the use of portable fire extinguishers without the need for personal protective equipment. Individuals must use their judgment based on their training and experience to determine whether or not it is safe to fight a fire with portable fire extinguishers.
The following is provided as general guidance in helping personnel in making this decision.
3. When it may be safe to extinguish a fire using a fire extinguisher a. Size of the Fire – if the fire is limited to the original material ignited, it is contained (such as in a waste basket) and has not spread to other materials. The flames are no higher than the firefighter's head.
b. Condition of the Air in the Area – if the fire has not depleted the oxygen in the room and is producing only small quantities of toxic gases and no respiratory protection equipment is required.
c. Amount of Smoke and Heat – if heat is being generated, but the room temperature is only slightly increased. Smoke may be accumulating on the ceiling, but visibility is good and no special personal protective equipment is required
d. Evacuation Path - there is a clear evacuation path that is behind you as you fight the fire.
4. When it is not safe to use a fire extinguisher to fight a fire:
a. Type, size, and location of the fire - If the fire involves flammable solvents, has spread over more than 60 square feet, or is partially hidden behind a wall or ceiling, or can not be reached from a standing position.
b. Condition of the air - if the smoke and products of combustion from the fire require respiratory protection in the area
c. Amount of Heat – If the radiated heat is easily felt on exposed skin making it difficult to approach within 10-15 feet of the fire (or the effective range of the extinguisher) d. Visibility - If the person must crawl on the floor due to heat or smoke. Smoke is quickly filling the room, decreasing visibility.
e. Evacuation Path - If the fire is not contained, and fire, heat, or smoke may block the evacuation path
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© 2009 Republic Services 09/15/09 Emergency Action Plan VI. SHELTER-IN-PLACE PROCEDURE
1. Shelter-in-Place Rooms
To “shelter-in-place,” an interior room(s) is selected that is above the ground floor, with the fewest windows or vents. The room(s) should have adequate space for everyone to be able to sit.
Overcrowding is avoided by selecting additional rooms if necessary. Large storage closets, utility rooms, pantries, copy and conference rooms without exterior windows work well. Avoid selecting a room with mechanical equipment like ventilation blowers or pipes, because this equipment may not be able to be sealed from the outdoors.It is ideal to have a hard-wired telephone in the room(s) you select. Cellular telephone equipment may be overwhelmed or damaged during an emergency.
2. Emergency Supplies
Shelter-in-place disaster supplies may include items such as nonperishable food, bottled water, battery-powered radios, first-aid supplies, flashlights, batteries, duct tape, plastic sheeting, and plastic garbage bags.
3. Shelter-in-Place Emergency Action Plan
The following is a basic outline of the typical procedures used for sheltering-in-place. When authorities provide directions to shelter-in-place, they want everyone to take these steps immediately.
a. Close the facility.
b. If there are customers, clients, or visitors at the facility, provide for their safety by asking them to stay. Instruct these people that it is best for their safety not to leave their current location. Do not drive or walk outdoors.
c. Unless there is an imminent threat, ask employees, customers, clients, and visitors to call their emergency contact (i.e. family member, etc.) and let them know where they are sheltering (staying) and that they are safe.
d. Turn on call-forwarding or alternative telephone answering systems or services. If the business has voice mail or an automated attendant, change the recording to indicate that the business is closed, and that staff and visitors are remaining in the building until authorities advise it is safe to leave.
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© 2009 Republic Services 09/15/09 Emergency Action Plan e. Quickly lock exterior doors and close windows, and air vents. Have employees familiar with your building’s mechanical systems turn off all fans, heating and air conditioning systems. Some systems automatically provide for exchange of inside air with outside air.
These systems, in particular, need to be turned off, sealed, or disabled. Close or tape-off all vents in the “shelter-in-place” room(s).
f. If you are told there is danger of an explosion, close the window shades, blinds, or curtains.
g. Take your emergency supplies and go into the designated shelter-in-place room(s). Seal all windows, doors, and vents with plastic sheeting and duct tape or anything else you have on hand.
h. Consider precutting plastic sheeting (heavier than food wrap) to seal windows, doors, and air vents. Each piece should be several inches larger than the space you want to cover so that it lies flat against the wall. Label each piece with the location of where it fits. i. Call emergency contacts and have the phone available if you need to report a lifethreatening condition. j. Write down the names of everyone in the room, and call the designated emergency response coordinator to report who is in the room(s) with you, and their affiliation with your business (employee, visitor, client, or customer). k. Listen to the radio, watch television, or use the Internet for further instructions until you are told all is safe or to evacuate. Local officials may call for evacuation in specific areas at greatest risk in your community.
VII. EVACUATION PROCEDURE
1. Activate Emergency Alarm System
Employees are notified of the need for an emergency notification by sounding of an alarm, announcement over the building communication system, or by notification initiated by their supervisor.
2. Shut Off Equipment
Equipment or operations will only be shut off if time permits and only if your personal safety is not at risk. Critical operations that need to be shut down are included in the Facility Emergency Information List.
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3. Use Designated Exit Routes
Plans/maps that identify designated emergency exits, routes and the locations of fire extinguishers and fire hoses are posted in key locations within the Facility. Employees must always evacuate through an exit closest to your location in the event of an emergency or fire requiring evacuation.
Each supervisor, or in his/her absence an individual designated by the supervisor, is responsible to ensure that all assigned evacuation routes and exits are clear from obstructions that could hinder evacuation during an emergency.
4. Clear the Building / Area
Supervisors are responsible in the event of an evacuation to ensure that all employees and visitors safely evacuate from the supervisor’s assigned work area. Supervisors are also responsible for ensuring that any disabled person located in the supervisor’s work area is either evacuated with other employees or is relocated to a designated (on the evacuation map) location for evacuation by emergency response personnel. Those supervisors whose assigned work areas include restrooms and other inside rooms are responsible to ensure that those areas have been evacuated.
5. Evacuation Precautions
When evacuating during a fire, do not open doors if the doors or knobs are hot. If they are cool, open doors slowly. If smoke is encountered when exiting, kneel down on the floor and crawl to escape. Never use an elevator during a fire. Smoke and heat rises so the elevator may be filled with smoke.
6. Proceed Immediately to Assembly Locations
Employees are instructed to quickly exit the building and to assemble at the primary or secondary assembly locations. See Facility Specific Emergency Information List for the primary and secondary locations.
7. Conduct Headcount
Supervisors, with the assistance of employees, are to take headcounts at the assembly area.
Emergency personnel are to be notified of names and last known location of any missing personnel who might require rescue.
Emergency personnel or the facility manager will make the decision once a headcount is taken if the situation warrants a further evacuation. This may require sending personnel home by normal means or providing them with transportation to an offsite location. 457
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8. Do Not Re-Enter Building / Area Until Authorized
Once emergency response personnel or the General Manager or Designee has given the "all clear" to employees and their supervisors, they may reenter the facility and proceed to their designated work areas.
9. Review Plan
Senior management will conduct a formal critique of the incident and associated actions, to identify necessary recommendations for improvement.
VIII. MEDICAL EMERGENCIES
1. Reporting a Medical Emergency
During normal working hours, evenings, or weekends:
a. Report minor injuries to your supervisor or designated first aid provider. b. Drivers are to call dispatch.
c. Serious or life threatening injuries, call 911/Fire Department, and facility management.
2. Emergency First Aid Assistance
First aid is only to be provided by designated first aid providers who have received first aid and/or CPR training, and whose job description duties include providing first aid. Additionally, the Republic Services contract medical provider has established a procedure to provide post-exposure treatment in the event that an employee is exposed to blood or other potentially infectious substances when voluntarily providing emergency assistance or first-aid. Refer to the Safe Work Procedures – First Aid for additional details.
Note: Employees who have received Republic Services provided first aid or CPR training, and are not designated as first aid providers are instructed that their job does not require that they perform first aid services.
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© 2009 Republic Services 09/15/09 Emergency Action Plan IX. WEATHER – TORNADOS, HURRICANES, FLASH FLOODS
The Facility Manager will make the determination to shut down operations if threatening weather is in the area. The Facility Manager will decide whether it will be better to leave the facility if time permits or “shelter-in-place.”
1. Monitor Weather Conditions
When threatening weather suggests that a tornado, or other dangerous weather condition, could occur in the vicinity, the Emergency Response Coordinator (ERC) will monitor local news/weather radio broadcasts for warnings issued for areas in or around the Facility.
2. Proceed to Designated Shelters
When a weather-related warning is issued for the area the ERC will notify all supervisors to be prepared to move their employees to their assigned shelter areas. At the first sign of an approaching tornado or threatening weather, supervisors must direct their employees to shelter. If time permits, turn off your equipment, prior to proceeding to the designated shelter area.
3. If Designated Shelter is Not Available
Personnel who are unable to reach designated shelters are instructed to use the following guidance to seek alternative shelter. Shelters should ideally be below grade, or if not feasible, above grade in an area without windows and of substantial construction. Typically, fire stairwells and washrooms are examples of appropriate shelter areas. Interior corridors are less desirable as past incidents have indicated that they can become filled with flying shrapnel. If the above shelters are not readily available, cover should be sought under heavy furniture, on the lowest floor, and away from windows, glass doors, etc. All office trailers should be evacuated, and those personnel should move to a more permanent shelter or lie flat in the nearest depression or ditch. Personnel who are outdoors and cannot get to shelter should seek a low-lying area, ditch, depression or low area.
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4. Headcount and Recovery
After the threat of threatening weather has passed, supervisors, with the assistance of employees, are to take headcount to determine that all employees are safe and uninjured. Remain in the shelter area until instructed to return to your work area by the ERC.
5. Call For Emergency Assistance
Call 911 or the Fire Department if any employee requires medical assistance or rescue. Give the Fire Department the appropriate address and the exact location where assistance is required.
X. SPILL RESPONSE
1. Pre - Planning
Chemicals used or stored at the facility are stored and labeled in approved containers according to the requirements of the Facility’s Hazard Communication (Right-To-Know) Program. Material Safety Data Sheets (MSDS) are available for each of these chemicals. Each supervisor is responsible for ensuring that his/her employees are aware of the hazardous chemicals that are used in their work area.
Employees are advised, depending on their work assignment, to either leave from the area of a spill and notify the appropriate personnel of the spill/release, or to respond to the spill/release by stopping, containing, or cleaning up the spill. Appendix C contains a list of chemicals and the amounts if spilled that would require personnel to leave the area.
2. Reporting a Spill
a. Minor Spill
If the spill/release is small (i.e., not large enough to require employees to leave the area) report it immediately to your supervisor.
b. Moderate Spill
Leave the area of the spill/release, then immediately notify your supervisor or a designated spill responder. They will initiate the actions that are required to stop, cleanup, or otherwise 460
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© 2009 Republic Services 09/15/09 Emergency Action Plan respond to the spill/release.
c. Major Spill
Leave the area of the spill, then immediately notify your supervisor or the Facility Manager, and contact the proper authorities or spill responders.
3. Limits of Response
Appendix C contains a list of spill supplies, personal protective equipment to be used for spill responses, and list of personnel who are the designated spill responders for small and moderate sized spills.
a. Minor Spill
Most employees have received routine Hazard Communication training and have been provided with supplemental training on how to use spill cleanup supplies and additional personal protective equipment which will allows them to cleanup minor spills/releases as a part of their routine work assignments. Moderate and larger spills/releases are either handled by moderate spill responders or by Hazardous Materials (HAZMAT) responders. b. Moderate Spill
Responders for moderate sized spills are used at this facility for leak prevention and cleanup, where conditions do not exceed the thresholds established in this plan for HAZMAT response. Employees who have been assigned to respond to moderate sized spills have received routine Hazard Communication training and have been provided with supplemental training to use spill cleanup supplies and additional personal protective equipment. In the event of a moderate spill/release employees are either:
Required to leave the area until the situation is corrected; or Trained and qualified, as a member of the spill response team, to stop the leak and/or cleanup the spill/release.
c. Major Spill
HAZMAT responders are required whenever release of the hazardous chemical creates conditions in the spill/release area that:
Are life or injury threatening;
Pose a fire or explosion hazard;
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Cause high levels of a toxic substance.
Professional fire and emergency assistance are requested (see emergency contact list) where either the facility does not have a HAZMAT response team or when backup assistance is required for the facility's HAZMAT response team
XI. BOMB THREAT
1. Bomb Threat Analysis
Proper response to the threat involves at least three continuous and related but distinct steps:
a. Analysis of the threat and estimate of the need for response. b. Decision on what is the proper response.
c. Implementing the response decision within the allowable time frame.
2. Procedure To Be Followed After A Bomb Threat Has Been Received The person who receives the threat should immediately contact the Facility Manager or the designated alternate.
The person receiving the threat should then immediately fill out a Bomb Threat Checklist (Form 1019, or an equivalent form). This Checklist should be completed for each threat received, noting the time and, if possible, the exact words used in the threat.
In the case of a phone threat, record the conversation if possible and consider taping subsequent calls.
Once he/she is notified the Facility Manager will:
a. Notify the local law enforcement agency, or where the facility has a security officer, contact security to notify local law enforcement (where a security service or security office is used it is recommended that the shift commander be requested, to insure confidentiality); b. Notify all supervisors and instruct them whether to evacuate the facility and/or conduct a search. The Bomb Threat Search Procedure is contained in Bomb Threat Checklist (Form 1019).
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© 2009 Republic Services 09/15/09 Emergency Action Plan If any employee is so concerned that he/she wants to leave the facility because of the bomb threat, he/she shall be allowed to do so. Such employee will be instructed to punch out upon leaving the facility and will not be paid for the remainder of the shift. Employees will further be instructed not to report for work until the beginning of his/her next shift.
If a decision is made to evacuate the facility, supervisors will be responsible for shutting down in the normal manner. Employees will be instructed to proceed to the emergency assembly locations and to remain there for further instructions.
When a decision has been made to return to work, employees will be advised to return to work.
Procedures should be in place to contact employees. Supervisors should turn in the names of any missing personnel to their managers or the facility manager.
XII. TRAINING
Training employees is a critical component of this plan in preparing personnel in how to respond to an emergency. All employees are trained, on their first day of employment, on the actions that they are required to follow during an emergency. Additional training, as appropriate, is provided:
For employees who are assigned to assume additional responsibilities during an emergency; Whenever employee’s responsibilities or designated actions under the plan change Whenever the plan is changed, and
As necessary to maintain the required skills of personnel.
The training program provided to personnel covers this emergency action plan and includes the following topics:
Individual roles and responsibilities;
Potential threats, hazards, and protective actions;
Notification, warning, and communications procedures; Means for locating family members in an emergency;
Emergency response procedures;
Evacuation locations, shelter-in-place locations, and accountability procedures; Location and use of common emergency equipment; and
Emergency shutdown procedures.
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© 2009 Republic Services 09/15/09 Emergency Action Plan XIII. ANNUAL DRILLS AND PERIODIC UPDATES
This facility conducts a test of this emergency action plan at least annually so personnel become familiar with the emergency procedures, the evacuation routes, emergency assembly locations, and shelter locations. The facility reviews this plan with other companies in the area to ensure emergency response efforts are coordinated between neighboring facilities.
Additionally, the plan is reviewed with local emergency response officials to help facilitate the coordination of emergency response efforts. A relationship has been promoted with the local fire department and ambulance provider so they know the layout of the facility, potential hazards, and are familiar with site emergency response personnel.
The plan is stored in a location and manner that can be readily reviewed by employees or their designated representatives. This plan is routinely updated as changes occur.
XIV.PROGRAM ENFORCEMENT
The Facility Manager is responsible for enforcement of this Emergency Action Plan. Anyone who directs someone to violate, or has knowledge of a violation, and takes no corrective action will receive appropriate disciplinary action.
All personnel are responsible for following the procedures in this program. Personnel found in violation of this program will be subject to disciplinary action. 464
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix A - Emergency Information List
Emergency Responders, Phone Numbers, & Assembly Locations Facility Name: __Newby Island Sanitary Landfill_____
Emergency Response Coordinator (ERC): __Tony Boccaleoni _____________ Address: _1601 Dixon Landing Road, Milpitas, Ca. 95035________________ Office Phone Number: _(408) 354-2430_______________________________ Fire Department: _City of Milpitas____ ___ ________________________ Phone Number: (408) _586_ - _2800_ or Emergency dial 911.
1. Fire and Evacuation
Equipment needed to be shut down in an emergency:
1. All Heavy Equipment _________________
2. _
3. _ ___________________ ______________
Responsible persons to shutdown equipment:
1. _Tony Boccaleoni____ (408) 586-2430___________________________
2. _Rachelle Huber_____ (408) 586-2263___________________________ Emergency assembly locations:
Primary: _Parking Lot __________________
Secondary: _D-Shaped Parcel across the driveway. _______________
2. Medical
Medical assistance personnel (if other than fire department): __911__ Number of minutes it takes for professional medical assistance to reach this facility is _15__ minutes.
The facility does not have designated and trained employees to serve as first aid responders.
Location of first aid supplies: Office Break Room
3. Spill Response
The facility does not have designated and trained employees as HAZMAT responders. If yes, list names: _Haz Mat Emergency Response Line: (925) 646-1112____________________ 465
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Appendix B - Emergency Contact List
Facility Name: ______NEWBY ISLAND LANDFILL, CA____
Address: 1 DIXON LANDING ROAD, MILPITAS, CA___
___________________________
© 2009 Republic Services 09/15/09 Emergency Action Plan Title/Agency Contact Business Hours Phone After-Hours Phone Emergency Response Coordinator
(ERC)
Tony Boccaleoni (510) 354-2430 (650) 670-0678
First Alternate ERC
James Galicia (408) 586-2313 (510) 461 -5850
Second Alternate ERC
Rachelle Huber (408) 586-2263 (510) 298 -7892
Police Department
City of Milpitas (408) 586-2400 911
Fire Department
City of San Jose (408) 586-2800 911
Emergency Medical Services
Fire Department (408) 586-2800 911
Safety Department
Priscilla Lomeli (714) 471-5187
Insurance Company
CCMSI (480) 384-5864
OSHA Area Office
Cal-OSHA (510) 794-2521
Regional Water Quality Control Board SF Bay Water Board (510) 622-2300 Certified Unified Program Agency CUPA (408) 918-3400
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix C - Spill Response Information
Spills/releases of the following chemicals, at the following locations, in excess of the listed amounts, will require an employee to leave the area:
Location ___N/A_______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) Unleaded Fuel 42 gallons
____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to The Evacuation Meeting Area until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ___Red Dye Diesel_____________________ 42 gallons ___________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Responders for Minor Spills
The following supplies are maintained for minor spill response:
Location Type of Supply Minimum On-Hand Quantity
_Maintenance Shop _______ ___Spill Kit __________ 2 complete spill kit __D-Shape Parcel ________ ___Spill Kit___________ 1 complete spill kit________ 467
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© 2009 Republic Services 09/15/09 Emergency Action Plan The following personnel are assigned as moderate spill responders:
Job Title/Description Job Title/Description
__Tony Boccaleoni – Division Manager
__Rachelle Huber – Environmental Manager
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix D - Site Evacuation Map
The site evacuation map(s) contains the emergency escape routes for this building and/or area. In addition, fire extinguishers, first aid kit, and spill response kit and equipment are indicated. All personnel who are not directly involved in responding to the emergency upon notification of an evacuation are to go directly to the emergency assembly location(s) indicated on this map.
Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility. See uploaded document for Site Evacuation Map. 469
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Bomb Threat Checklist
© 2009 Republic Services 09/15/09 Form 1019
1. When the Threat is Called In:
a) Keep the caller on the line as long as possible. If possible, record the conversation.
Use pages 2 and 3 of this form to note all relevant information from the call. b) If not indicated, ask the caller for the location of the bomb and the time of possible detonation.
c) Inform the caller that the building is occupied, and the detonation of a bomb could result in death or serious injury to many innocent people.
d) Pay particular attention to peculiar background noises such as motors running, music, and any other noise, which may give a clue as to the location of the caller. e) Listen closely to the voice (male or female), voice quality (calm, excited), accents, unique phrasing, and speech impediments. Does this voice immediately remind you of a certain individual? If so, list that.
f) Report the call and gathered information immediately to the ___Division Manager___. (Facility Manager or designee).
g) The __Division Manager ____________ will notify local police and fire department (Facility Manager or designee).
h) Follow the directions given by the local police or fire department.
2. Written Threats
a) Save all materials, including any envelope or container. b) Once the message is recognized as a threat, further unnecessary handling should be avoided. Every possible effort must be made to retain evidence such as fingerprints, handwriting or typing, paper, and postal marks that are essential to tracing the threat and identifying the writer.
c) Report the call and gathered information immediately to the ____Division Manager_. (Facility Manager or designee).
d) The ____Division Manager__________ will notify local police and fire department (Facility Manager or designee).
e) Follow the directions given by the local police or fire department. 470
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IF A TELEPHONE BOMB THREAT IS RECEIVED, THE PERSON TAKING THE CALL SHOULD
REMAIN CALM AND TRY TO GET AS MUCH INFORMATION AS POSSIBLE Key Points: 1. Keep the caller talking – Do not interrupt!
2. Ask the caller to speak loader.
3. Ask the caller to repeat.
4. Write out the caller’s message entirely, if possible.
Date:
Time: AM/PM
Received By:
Exact Words of Caller:
Questions to ask:
1. When is bomb going to explode?
2. Where is it located?
3. What does it look like?
4. What kind of bomb is it?
5. Why did you place the bomb?
6. What do you hope to accomplish?
7. What is your name?
8. Where are you calling from?
Information Regarding the Call and Caller:
Voice Characteristics:
Familiar Male Female
Child Nasal Loud
Soft High Raspy
Deep Pleasant
Other
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Speech Characteristics:
Fast Slow Intoxicated
Stutter Slurred
Other
Accent Characteristics:
Local Region Foreign
Other
Manner of Caller:
Calm Angry Deliberate
Emotional Laughing Incoherent
Righteous Rational Coherent
Other
Origin of Call:
Internal External Cell Phone
Local Long Distance
Did the caller appear to be familiar with the facility? Yes No Number/extension at which the call was received:
Other
Background Noises:
Office Machines Street Traffic Voices
Factory Machines Airplanes Trains
Animals Trucks Music
Quiet Party Static
Other
People Contacted: Yes No Time
Facility Manager
Police Department
Fire Department
Other
Other
Other
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Bomb Threat Search Procedure
a. Authorization and Report
1. Your supervisor will instruct you when to search and the specific area to be covered. Your supervisor should also give you a time limit when to stop searching.
2. Report back to your supervisor when the search is complete or at a prearranged time. b. Search Team
1. A minimum of two persons and a maximum of three should be used. (Should normally include supervisor and one other person familiar with the area.) c. Search Technique
1. Take your time and use caution.
2. Be systematic, use upward coverage method: first, floors; then machines; then windows, shelves; then ceiling; then desks.
3. Always be as quiet as possible, listening for timing devices.
4. Search high-potential areas first.
i. Toilets (check all closed and locked stalls)
ii. Lunchrooms
iii. Stairwells
iv. Elevators (top of car) and elevator shafts (pits)
v. Utility rooms, closets, janitors' supply areas
vi. Areas open or near to exterior doors, lobbies, etc
vii. Indoor trash receptacles
viii. Utilities
DO NOT TOUCH ANY SUSPICIOUS ITEMS OR UNIDENTIFIABLE PACKAGES 473
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d. Unidentifiable Package
1. A bomb device may be in any shape; lunch boxes, briefcases, cigar boxes, lead pipes, shoe boxes, and paper bags are the most common.
i. The rule of thumb to follow during a search is to attempt to answer the question; “Does this item look like it belongs here?"
ii. An expensive looking briefcase, for example, in an executive's office might not be cause for alarm. Found in a locked toilet stall, however, it could indicate the presence of a device. iii. By the same token, a cigar box placed under a stairwell would likewise be indicative of a device.
2. If a suspected device is located, one member of the search team is required to report by phone or in person to the Facility Manager, or designated alternate, who will then investigate to determine how likely the suspected device is to be a bomb.
i. Keep your cool when suspicious objects are found.
ii. No attempt should be made by the employee to remove or inspect the item! iii. No radio or walkie-talkie transmissions should be made as the keying of a microphone could detonate a device.
3. The Facility Manager, or designated alternate, will direct that appropriate personnel from the area in question and be questioned regarding concerning the suspected device The Facility Manager, or designated alternate, will make the necessary arrangements for the police bomb disposal squad to investigate.
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© 2009 Republic Services 09/15/09 Emergency Action Plan
NEWBY ISLAND RECYCLERY
I. PURPOSE
This Emergency Action Plan is designed to provide guidance to personnel in the event of an emergency and outlines the required procedures for responding to emergencies. Emergencies both man-made and natural may require this facility to be evacuated or shelter-in-place. These may include, but are not limited to, fires, explosions, floods, earthquakes, hurricanes, tornados, toxic material release, radiological and biological accidents, civil disturbances, and workplace violence.
This plan has been developed to provide direction in responding to these and other types of emergencies and ensure the facility’s compliance with OSHA 29 CFR 1910.38, Emergency Action Plans.
II. DEFINITIONS
None
III. RESPONSIBILITY
The Facility Manager is in charge of any emergency at this facility. All communication, questions, etc., are to be directed to the Facility Manager, who has full authority, including the management decisions listed within this plan.
The Facility Manager is responsible for:
a. Assigning alternates to serve in his/her absence, they are listed on the Emergency Contact List in Appendix B.
b. Designating the appropriate emergency response personnel for the various types of emergencies outlined in this plan, and who will assist the Facility Manager in the evaluation and response to emergencies.
c. Ensuring that all personnel are trained on the procedures outlined in this plan. d. Making the decision to shut down operation and whether to shelter-in-place or evacuate during an emergency
To Do:
- Annual training to employees
- Conduct mock fire drill
- Update evac map (if changes)
- Update Appendix A,B,C
Annual / Update Review
_2/27/2020_
Signature Date
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© 2009 Republic Services 09/15/09 Emergency Action Plan e. Directing the shelter-in-place, evacuation and search of the facility, and recall of personnel during an emergency
f. Communicating with local law enforcement and local emergency response personnel to review this plan, the facility, and communicate with them during an emergency. g. Conducting mock emergency drills to train personnel and test this plan at least annually. h. Ensuring that this plan and the contact personnel are kept up to date with current work practices and contacts.
IV. EMERGENCY ACTION PLAN OVERVIEW
Depending on the circumstances and the type of emergency, the first important decision is whether to stay at the facility (shelter-in-place) or evacuate. Facility management will use all available information to determine if there is an immediate danger. In any emergency, local authorities may or may not immediately be able to provide information on what is happening and what the facility should do.
Facility management will make the decision to either shelter-in-place or evacuate in the absence of direction from outside agencies. This plan is designed to account for both possibilities.
Facility management will use available information to assess the situation. If there is a large amount of debris in the air, or if local authorities say the air is badly contaminated, the decision may be to "shelter-in-place." Information will be gathered from watching TV, listening to the radio, or checking the Internet often for information or official instructions as it becomes available. There are numerous emergencies that may prompt personnel to shelter-in-place.
Examples of these types of emergencies include; terrorist attacks, toxic material releases, radiological and biological accidents, civil disturbances, workplace violence, and tornados.
If told to evacuate or seek medical treatment from the authorities, the facility will do so immediately.
In preparation for these events the facilities has designed the following plans to help instruct personnel on who to contact, where to go, and the basic emergency supplies information.
1. Emergency Information List (Appendix A)
The emergency information list contains emergency responders, contact phone numbers, emergency assembly locations, and shelter-in-place locations. It outlines the basic actions that must be taken in the event of an emergency.
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2. Emergency Contact List (Appendix B)
The emergency contact list is posted in multiple locations around the facility so to be used to initiate this emergency action plan. This list contains the home and work phone numbers of key staff and support personnel (e.g., corporate staff, police, fire, emergency medical support, and relevant government agencies). It also contains the names and/or titles of those individuals who are assigned to serve as the facility’s Emergency Coordinator, spokesperson, and their designated alternates.
3. Spill Response Information (Appendix C)
The spill response information contains information on chemicals stored on site, storage amounts, spill cleanup supplies, personal protective equipment, and the names of personnel trained in spill response procedures.
4. Site Evacuation Map
The site evacuation map(s) (Appendix D) contain the emergency escape routes for the buildings and/or area. In addition fire extinguishers, first aid kits, spill response kits, and other emergency response equipment are indicated. Upon notification of an evacuation, all personnel who are not directly involved in responding to the emergency must go directly to the emergency assembly location(s) indicated on this map. Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility.
The emergency assembly areas were selected because there is sufficient area to accommodate all personnel. They are located away from busy streets and out of the way where they will not interfere with rescue and emergency response operations. The location is also up-wind from the most common or prevailing wind direction from the potentially hazardous areas on site.
5. Employee Personal Information
Personal emergency response information is kept with the human resources department. This information, which may be needed in the event of an emergency includes:
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© 2009 Republic Services 09/15/09 Emergency Action Plan a. Home telephone numbers
b. Names and telephone number of next of kin, and
c. Medical information
This information is maintained in such a way that it can be readily retrieved in the event of an emergency.
6. Rescue
Rescue operations at this facility will only be performed by outside agencies that have professionally trained, equipped, and certified personnel to perform rescue operations.
7. Detailed Procedures
Below are detailed procedures for each of the following events:
a. Fire Response Procedures
b. Shelter-in-Place Procedure
c. Evacuation Procedure
d. Medical
e. Weather
f. Spill Response Plan
g. Bomb Threat
V. FIRE RESPONSE PROCEDURES
This outlines when it is safe, and not safe, to fight a fire with a fire extinguisher. Promptly reporting a fire is always the first response. This is to alert everyone and make sure they are evacuated to the emergency assembly location if necessary.
1. Report Fires Immediately
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© 2009 Republic Services 09/15/09 Emergency Action Plan Activate the emergency alarm system and report all fires immediately to the facility manager or the nearest member of management and notify the fire department.
2. Small Fires
Personnel who have completed annual fire extinguisher training may attempt to extinguish small fires. A small fire is defined as a fire that can be controlled or extinguished by the use of portable fire extinguishers without the need for personal protective equipment. Individuals must use their judgment based on their training and experience to determine whether or not it is safe to fight a fire with portable fire extinguishers.
The following is provided as general guidance in helping personnel in making this decision.
3. When it may be safe to extinguish a fire using a fire extinguisher a. Size of the Fire – if the fire is limited to the original material ignited, it is contained (such as in a waste basket) and has not spread to other materials. The flames are no higher than the firefighter's head.
b. Condition of the Air in the Area – if the fire has not depleted the oxygen in the room and is producing only small quantities of toxic gases and no respiratory protection equipment is required.
c. Amount of Smoke and Heat – if heat is being generated, but the room temperature is only slightly increased. Smoke may be accumulating on the ceiling, but visibility is good and no special personal protective equipment is required
d. Evacuation Path - there is a clear evacuation path that is behind you as you fight the fire.
4. When it is not safe to use a fire extinguisher to fight a fire:
a. Type, size, and location of the fire - If the fire involves flammable solvents, has spread over more than 60 square feet, or is partially hidden behind a wall or ceiling, or can not be reached from a standing position.
b. Condition of the air - if the smoke and products of combustion from the fire require respiratory protection in the area
c. Amount of Heat – If the radiated heat is easily felt on exposed skin making it difficult to approach within 10-15 feet of the fire (or the effective range of the extinguisher) d. Visibility - If the person must crawl on the floor due to heat or smoke. Smoke is quickly filling the room, decreasing visibility.
e. Evacuation Path - If the fire is not contained, and fire, heat, or smoke may block the evacuation path
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© 2009 Republic Services 09/15/09 Emergency Action Plan VI. SHELTER-IN-PLACE PROCEDURE
1. Shelter-in-Place Rooms
To “shelter-in-place,” an interior room(s) is selected that is above the ground floor, with the fewest windows or vents. The room(s) should have adequate space for everyone to be able to sit.
Overcrowding is avoided by selecting additional rooms if necessary. Large storage closets, utility rooms, pantries, copy and conference rooms without exterior windows work well. Avoid selecting a room with mechanical equipment like ventilation blowers or pipes, because this equipment may not be able to be sealed from the outdoors.It is ideal to have a hard-wired telephone in the room(s) you select. Cellular telephone equipment may be overwhelmed or damaged during an emergency.
2. Emergency Supplies
Shelter-in-place disaster supplies may include items such as nonperishable food, bottled water, battery-powered radios, first-aid supplies, flashlights, batteries, duct tape, plastic sheeting, and plastic garbage bags.
3. Shelter-in-Place Emergency Action Plan
The following is a basic outline of the typical procedures used for sheltering-in-place. When authorities provide directions to shelter-in-place, they want everyone to take these steps immediately.
a. Close the facility.
b. If there are customers, clients, or visitors at the facility, provide for their safety by asking them to stay. Instruct these people that it is best for their safety not to leave their current location. Do not drive or walk outdoors.
c. Unless there is an imminent threat, ask employees, customers, clients, and visitors to call their emergency contact (i.e. family member, etc.) and let them know where they are sheltering (staying) and that they are safe.
d. Turn on call-forwarding or alternative telephone answering systems or services. If the business has voice mail or an automated attendant, change the recording to indicate that the business is closed, and that staff and visitors are remaining in the building until authorities advise it is safe to leave.
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© 2009 Republic Services 09/15/09 Emergency Action Plan e. Quickly lock exterior doors and close windows, and air vents. Have employees familiar with your building’s mechanical systems turn off all fans, heating and air conditioning systems. Some systems automatically provide for exchange of inside air with outside air.
These systems, in particular, need to be turned off, sealed, or disabled. Close or tape-off all vents in the “shelter-in-place” room(s).
f. If you are told there is danger of an explosion, close the window shades, blinds, or curtains.
g. Take your emergency supplies and go into the designated shelter-in-place room(s). Seal all windows, doors, and vents with plastic sheeting and duct tape or anything else you have on hand.
h. Consider precutting plastic sheeting (heavier than food wrap) to seal windows, doors, and air vents. Each piece should be several inches larger than the space you want to cover so that it lies flat against the wall. Label each piece with the location of where it fits. i. Call emergency contacts and have the phone available if you need to report a lifethreatening condition. j. Write down the names of everyone in the room, and call the designated emergency response coordinator to report who is in the room(s) with you, and their affiliation with your business (employee, visitor, client, or customer). k. Listen to the radio, watch television, or use the Internet for further instructions until you are told all is safe or to evacuate. Local officials may call for evacuation in specific areas at greatest risk in your community.
VII. EVACUATION PROCEDURE
1. Activate Emergency Alarm System
Employees are notified of the need for an emergency notification by sounding of an alarm, announcement over the building communication system, or by notification initiated by their supervisor.
2. Shut Off Equipment
Equipment or operations will only be shut off if time permits and only if your personal safety is not at risk. Critical operations that need to be shut down are included in the Facility Emergency Information List.
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3. Use Designated Exit Routes
Plans/maps that identify designated emergency exits, routes and the locations of fire extinguishers and fire hoses are posted in key locations within the Facility. Employees must always evacuate through an exit closest to your location in the event of an emergency or fire requiring evacuation.
Each supervisor, or in his/her absence an individual designated by the supervisor, is responsible to ensure that all assigned evacuation routes and exits are clear from obstructions that could hinder evacuation during an emergency.
4. Clear the Building / Area
Supervisors are responsible in the event of an evacuation to ensure that all employees and visitors safely evacuate from the supervisor’s assigned work area. Supervisors are also responsible for ensuring that any disabled person located in the supervisor’s work area is either evacuated with other employees or is relocated to a designated (on the evacuation map) location for evacuation by emergency response personnel. Those supervisors whose assigned work areas include restrooms and other inside rooms are responsible to ensure that those areas have been evacuated.
5. Evacuation Precautions
When evacuating during a fire, do not open doors if the doors or knobs are hot. If they are cool, open doors slowly. If smoke is encountered when exiting, kneel down on the floor and crawl to escape. Never use an elevator during a fire. Smoke and heat rises so the elevator may be filled with smoke.
6. Proceed Immediately to Assembly Locations
Employees are instructed to quickly exit the building and to assemble at the primary or secondary assembly locations. See Facility Specific Emergency Information List for the primary and secondary locations.
7. Conduct Headcount
Supervisors, with the assistance of employees, are to take headcounts at the assembly area.
Emergency personnel are to be notified of names and last known location of any missing personnel who might require rescue.
Emergency personnel or the facility manager will make the decision once a headcount is taken if the situation warrants a further evacuation. This may require sending personnel home by normal means or providing them with transportation to an offsite location. 482
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8. Do Not Re-Enter Building / Area Until Authorized
Once emergency response personnel or the General Manager or Designee has given the "all clear" to employees and their supervisors, they may reenter the facility and proceed to their designated work areas.
9. Review Plan
Senior management will conduct a formal critique of the incident and associated actions, to identify necessary recommendations for improvement.
VIII. MEDICAL EMERGENCIES
1. Reporting a Medical Emergency
During normal working hours, evenings, or weekends:
a. Report minor injuries to your supervisor or designated first aid provider. b. Drivers are to call dispatch.
c. Serious or life threatening injuries, call 911/Fire Department, and facility management.
2. Emergency First Aid Assistance
First aid is only to be provided by designated first aid providers who have received first aid and/or CPR training, and whose job description duties include providing first aid. Additionally, the Republic Services contract medical provider has established a procedure to provide post-exposure treatment in the event that an employee is exposed to blood or other potentially infectious substances when voluntarily providing emergency assistance or first-aid. Refer to the Safe Work Procedures – First Aid for additional details.
Note: Employees who have received Republic Services provided first aid or CPR training, and are not designated as first aid providers are instructed that their job does not require that they perform first aid services.
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© 2009 Republic Services 09/15/09 Emergency Action Plan IX. WEATHER – TORNADOS, HURRICANES, FLASH FLOODS
The Facility Manager will make the determination to shut down operations if threatening weather is in the area. The Facility Manager will decide whether it will be better to leave the facility if time permits or “shelter-in-place.”
1. Monitor Weather Conditions
When threatening weather suggests that a tornado, or other dangerous weather condition, could occur in the vicinity, the Emergency Response Coordinator (ERC) will monitor local news/weather radio broadcasts for warnings issued for areas in or around the Facility.
2. Proceed to Designated Shelters
When a weather-related warning is issued for the area the ERC will notify all supervisors to be prepared to move their employees to their assigned shelter areas. At the first sign of an approaching tornado or threatening weather, supervisors must direct their employees to shelter. If time permits, turn off your equipment, prior to proceeding to the designated shelter area.
3. If Designated Shelter is Not Available
Personnel who are unable to reach designated shelters are instructed to use the following guidance to seek alternative shelter. Shelters should ideally be below grade, or if not feasible, above grade in an area without windows and of substantial construction. Typically, fire stairwells and washrooms are examples of appropriate shelter areas. Interior corridors are less desirable as past incidents have indicated that they can become filled with flying shrapnel. If the above shelters are not readily available, cover should be sought under heavy furniture, on the lowest floor, and away from windows, glass doors, etc. All office trailers should be evacuated, and those personnel should move to a more permanent shelter or lie flat in the nearest depression or ditch. Personnel who are outdoors and cannot get to shelter should seek a low-lying area, ditch, depression or low area.
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4. Headcount and Recovery
After the threat of threatening weather has passed, supervisors, with the assistance of employees, are to take headcount to determine that all employees are safe and uninjured. Remain in the shelter area until instructed to return to your work area by the ERC.
5. Call For Emergency Assistance
Call 911 or the Fire Department if any employee requires medical assistance or rescue. Give the Fire Department the appropriate address and the exact location where assistance is required.
X. SPILL RESPONSE
1. Pre - Planning
Chemicals used or stored at the facility are stored and labeled in approved containers according to the requirements of the Facility’s Hazard Communication (Right-To-Know) Program. Material Safety Data Sheets (MSDS) are available for each of these chemicals. Each supervisor is responsible for ensuring that his/her employees are aware of the hazardous chemicals that are used in their work area.
Employees are advised, depending on their work assignment, to either leave from the area of a spill and notify the appropriate personnel of the spill/release, or to respond to the spill/release by stopping, containing, or cleaning up the spill. Appendix C contains a list of chemicals and the amounts if spilled that would require personnel to leave the area.
2. Reporting a Spill
a. Minor Spill
If the spill/release is small (i.e., not large enough to require employees to leave the area) report it immediately to your supervisor.
b. Moderate Spill
Leave the area of the spill/release, then immediately notify your supervisor or a designated spill responder. They will initiate the actions that are required to stop, cleanup, or otherwise 485
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© 2009 Republic Services 09/15/09 Emergency Action Plan respond to the spill/release.
c. Major Spill
Leave the area of the spill, then immediately notify your supervisor or the Facility Manager, and contact the proper authorities or spill responders.
3. Limits of Response
Appendix C contains a list of spill supplies, personal protective equipment to be used for spill responses, and list of personnel who are the designated spill responders for small and moderate sized spills.
a. Minor Spill
Most employees have received routine Hazard Communication training and have been provided with supplemental training on how to use spill cleanup supplies and additional personal protective equipment which will allows them to cleanup minor spills/releases as a part of their routine work assignments. Moderate and larger spills/releases are either handled by moderate spill responders or by Hazardous Materials (HAZMAT) responders. b. Moderate Spill
Responders for moderate sized spills are used at this facility for leak prevention and cleanup, where conditions do not exceed the thresholds established in this plan for HAZMAT response. Employees who have been assigned to respond to moderate sized spills have received routine Hazard Communication training and have been provided with supplemental training to use spill cleanup supplies and additional personal protective equipment. In the event of a moderate spill/release employees are either:
Required to leave the area until the situation is corrected; or Trained and qualified, as a member of the spill response team, to stop the leak and/or cleanup the spill/release.
c. Major Spill
HAZMAT responders are required whenever release of the hazardous chemical creates conditions in the spill/release area that:
Are life or injury threatening;
Pose a fire or explosion hazard;
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Cause high levels of a toxic substance.
Professional fire and emergency assistance are requested (see emergency contact list) where either the facility does not have a HAZMAT response team or when backup assistance is required for the facility's HAZMAT response team
XI. BOMB THREAT
1. Bomb Threat Analysis
Proper response to the threat involves at least three continuous and related but distinct steps:
a. Analysis of the threat and estimate of the need for response. b. Decision on what is the proper response.
c. Implementing the response decision within the allowable time frame.
2. Procedure To Be Followed After A Bomb Threat Has Been Received The person who receives the threat should immediately contact the Facility Manager or the designated alternate.
The person receiving the threat should then immediately fill out a Bomb Threat Checklist (Form 1019, or an equivalent form). This Checklist should be completed for each threat received, noting the time and, if possible, the exact words used in the threat.
In the case of a phone threat, record the conversation if possible and consider taping subsequent calls.
Once he/she is notified the Facility Manager will:
a. Notify the local law enforcement agency, or where the facility has a security officer, contact security to notify local law enforcement (where a security service or security office is used it is recommended that the shift commander be requested, to insure confidentiality); b. Notify all supervisors and instruct them whether to evacuate the facility and/or conduct a search. The Bomb Threat Search Procedure is contained in Bomb Threat Checklist (Form 1019).
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© 2009 Republic Services 09/15/09 Emergency Action Plan If any employee is so concerned that he/she wants to leave the facility because of the bomb threat, he/she shall be allowed to do so. Such employee will be instructed to punch out upon leaving the facility and will not be paid for the remainder of the shift. Employees will further be instructed not to report for work until the beginning of his/her next shift.
If a decision is made to evacuate the facility, supervisors will be responsible for shutting down in the normal manner. Employees will be instructed to proceed to the emergency assembly locations and to remain there for further instructions.
When a decision has been made to return to work, employees will be advised to return to work.
Procedures should be in place to contact employees. Supervisors should turn in the names of any missing personnel to their managers or the facility manager.
XII. TRAINING
Training employees is a critical component of this plan in preparing personnel in how to respond to an emergency. All employees are trained, on their first day of employment, on the actions that they are required to follow during an emergency. Additional training, as appropriate, is provided:
For employees who are assigned to assume additional responsibilities during an emergency; Whenever employee’s responsibilities or designated actions under the plan change Whenever the plan is changed, and
As necessary to maintain the required skills of personnel.
The training program provided to personnel covers this emergency action plan and includes the following topics:
Individual roles and responsibilities;
Potential threats, hazards, and protective actions;
Notification, warning, and communications procedures; Means for locating family members in an emergency;
Emergency response procedures;
Evacuation locations, shelter-in-place locations, and accountability procedures; Location and use of common emergency equipment; and
Emergency shutdown procedures.
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© 2009 Republic Services 09/15/09 Emergency Action Plan XIII. ANNUAL DRILLS AND PERIODIC UPDATES
This facility conducts a test of this emergency action plan at least annually so personnel become familiar with the emergency procedures, the evacuation routes, emergency assembly locations, and shelter locations. The facility reviews this plan with other companies in the area to ensure emergency response efforts are coordinated between neighboring facilities.
Additionally, the plan is reviewed with local emergency response officials to help facilitate the coordination of emergency response efforts. A relationship has been promoted with the local fire department and ambulance provider so they know the layout of the facility, potential hazards, and are familiar with site emergency response personnel.
The plan is stored in a location and manner that can be readily reviewed by employees or their designated representatives. This plan is routinely updated as changes occur.
XIV.PROGRAM ENFORCEMENT
The Facility Manager is responsible for enforcement of this Emergency Action Plan. Anyone who directs someone to violate, or has knowledge of a violation, and takes no corrective action will receive appropriate disciplinary action.
All personnel are responsible for following the procedures in this program. Personnel found in violation of this program will be subject to disciplinary action. 489
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix A - Emergency Information List
Emergency Responders, Phone Numbers, & Assembly Locations Facility Name: __BFI The Recyclery ______________________ Emergency Response Coordinator (ERC): __Anthony Wright__________ Address: _1601 Dixon Landing Road, Milpitas, Ca. 95035________________ Office Phone Number: _(408) 586-2298________________________________ Fire Department: _City of Milpitas____ ___ ________________________ Phone Number: (408) _586_ - _2800_ or Emergency dial 911.
1. Fire and Evacuation
Equipment needed to be shut down in an emergency:
1. _All Sorting Lines_ _______________ _________________
2. _Bailer___________________________________________
3. _Ventilation System_________________________________ Responsible persons to shutdown equipment:
1. _Richard Elkins_(408) 586-2298___________________________
2. _Jay O’Neal____(408) 586-2285___________________________ Emergency assembly locations:
Primary: _Parking lot. __________________
Secondary: _D-Shaped Parcel across the driveway. _______________
2. Medical
Medical assistance personnel (if other than fire department): __911__ Number of minutes it takes for professional medical assistance to reach this facility is _15__ minutes.
The facility does not have designated and trained employees to serve as first aid responders.
Location of first aid supplies: Office Break Room
3. Spill Response
The facility does not have designated and trained employees as HAZMAT responders. If yes, list names: _Haz Mat Emergency Response Line: (925) 646-1112____________________ 490
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Appendix B - Emergency Contact List
Facility Name: ______NEWBY ISLAND LANDFILL, CA____
Address: 1 DIXON LANDING ROAD, MILPITAS, CA___
___________________________
© 2009 Republic Services 09/15/09 Emergency Action Plan Title/Agency Contact Business Hours Phone After-Hours Phone Emergency Response Coordinator
(ERC)
Richard Elkins (408) 586-2285 (408) 250-1626
First Alternate ERC
Jay ONeal (408) 586-2242 (480) 376-5608
Second Alternate ERC
Larry Goldburg (408) 601-7650
Police Department
City of Milpitas (408) 586-2400 911
Fire Department
City of Milpitas (408) 586-2800 911
Emergency Medical Services
Fire Department (408) 586-2800 911
Safety Department
Priscilla Lomeli (714) 471-5187
Insurance Company
CCMSI (480) 384-5864
OSHA Area Office
Cal-OSHA (510) 794-2521
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix C - Spill Response Information
Spills/releases of the following chemicals, at the following locations, in excess of the listed amounts, will require an employee to leave the area:
Location ___N/A_______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) Diesel Fuel 100 gal
____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to The Evacuation Meeting Area until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Responders for Minor Spills
The following supplies are maintained for minor spill response:
Location Type of Supply Minimum On-Hand Quantity
_Lube Station _______ ___Spill Kit __________ 1 complete spill kit ________________________ _________________________ ________________________ 492
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© 2009 Republic Services 09/15/09 Emergency Action Plan The following personnel are assigned as moderate spill responders:
Job Title/Description Job Title/Description
__Jay O’Neal – Maintenance Shop Manager_________
__Richard Elkins Division Manager__________________
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix D - Site Evacuation Map
The site evacuation map(s) contains the emergency escape routes for this building and/or area. In addition, fire extinguishers, first aid kit, and spill response kit and equipment are indicated. All personnel who are not directly involved in responding to the emergency upon notification of an evacuation are to go directly to the emergency assembly location(s) indicated on this map.
Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility.
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Bomb Threat Checklist
© 2009 Republic Services 09/15/09 Form 1019
1. When the Threat is Called In:
a) Keep the caller on the line as long as possible. If possible, record the conversation.
Use pages 2 and 3 of this form to note all relevant information from the call. b) If not indicated, ask the caller for the location of the bomb and the time of possible detonation.
c) Inform the caller that the building is occupied, and the detonation of a bomb could result in death or serious injury to many innocent people.
d) Pay particular attention to peculiar background noises such as motors running, music, and any other noise, which may give a clue as to the location of the caller. e) Listen closely to the voice (male or female), voice quality (calm, excited), accents, unique phrasing, and speech impediments. Does this voice immediately remind you of a certain individual? If so, list that.
f) Report the call and gathered information immediately to the ___Division Manager___. (Facility Manager or designee).
g) The __Division Manager ____________ will notify local police and fire department (Facility Manager or designee).
h) Follow the directions given by the local police or fire department.
2. Written Threats
a) Save all materials, including any envelope or container. b) Once the message is recognized as a threat, further unnecessary handling should be avoided. Every possible effort must be made to retain evidence such as fingerprints, handwriting or typing, paper, and postal marks that are essential to tracing the threat and identifying the writer.
c) Report the call and gathered information immediately to the ____Division Manager_. (Facility Manager or designee).
d) The ____Division Manager__________ will notify local police and fire department (Facility Manager or designee).
e) Follow the directions given by the local police or fire department. 495
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IF A TELEPHONE BOMB THREAT IS RECEIVED, THE PERSON TAKING THE CALL SHOULD
REMAIN CALM AND TRY TO GET AS MUCH INFORMATION AS POSSIBLE Key Points: 1. Keep the caller talking – Do not interrupt!
2. Ask the caller to speak loader.
3. Ask the caller to repeat.
4. Write out the caller’s message entirely, if possible.
Date:
Time: AM/PM
Received By:
Exact Words of Caller:
Questions to ask:
1. When is bomb going to explode?
2. Where is it located?
3. What does it look like?
4. What kind of bomb is it?
5. Why did you place the bomb?
6. What do you hope to accomplish?
7. What is your name?
8. Where are you calling from?
Information Regarding the Call and Caller:
Voice Characteristics:
Familiar Male Female
Child Nasal Loud
Soft High Raspy
Deep Pleasant
Other
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Speech Characteristics:
Fast Slow Intoxicated
Stutter Slurred
Other
Accent Characteristics:
Local Region Foreign
Other
Manner of Caller:
Calm Angry Deliberate
Emotional Laughing Incoherent
Righteous Rational Coherent
Other
Origin of Call:
Internal External Cell Phone
Local Long Distance
Did the caller appear to be familiar with the facility? Yes No Number/extension at which the call was received:
Other
Background Noises:
Office Machines Street Traffic Voices
Factory Machines Airplanes Trains
Animals Trucks Music
Quiet Party Static
Other
People Contacted: Yes No Time
Facility Manager
Police Department
Fire Department
Other
Other
Other
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© 2009 Republic Services 09/15/09 Form 1019
Bomb Threat Search Procedure
a. Authorization and Report
1. Your supervisor will instruct you when to search and the specific area to be covered. Your supervisor should also give you a time limit when to stop searching.
2. Report back to your supervisor when the search is complete or at a prearranged time. b. Search Team
1. A minimum of two persons and a maximum of three should be used. (Should normally include supervisor and one other person familiar with the area.) c. Search Technique
1. Take your time and use caution.
2. Be systematic, use upward coverage method: first, floors; then machines; then windows, shelves; then ceiling; then desks.
3. Always be as quiet as possible, listening for timing devices.
4. Search high-potential areas first.
i. Toilets (check all closed and locked stalls)
ii. Lunchrooms
iii. Stairwells
iv. Elevators (top of car) and elevator shafts (pits)
v. Utility rooms, closets, janitors' supply areas
vi. Areas open or near to exterior doors, lobbies, etc
vii. Indoor trash receptacles
viii. Utilities
DO NOT TOUCH ANY SUSPICIOUS ITEMS OR UNIDENTIFIABLE PACKAGES 498
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d. Unidentifiable Package
1. A bomb device may be in any shape; lunch boxes, briefcases, cigar boxes, lead pipes, shoe boxes, and paper bags are the most common.
i. The rule of thumb to follow during a search is to attempt to answer the question; “Does this item look like it belongs here?"
ii. An expensive looking briefcase, for example, in an executive's office might not be cause for alarm. Found in a locked toilet stall, however, it could indicate the presence of a device. iii. By the same token, a cigar box placed under a stairwell would likewise be indicative of a device.
2. If a suspected device is located, one member of the search team is required to report by phone or in person to the Facility Manager, or designated alternate, who will then investigate to determine how likely the suspected device is to be a bomb.
i. Keep your cool when suspicious objects are found.
ii. No attempt should be made by the employee to remove or inspect the item! iii. No radio or walkie-talkie transmissions should be made as the keying of a microphone could detonate a device.
3. The Facility Manager, or designated alternate, will direct that appropriate personnel from the area in question and be questioned regarding concerning the suspected device The Facility Manager, or designated alternate, will make the necessary arrangements for the police bomb disposal squad to investigate.
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© 2009 Republic Services 09/15/09 Emergency Action Plan
NEWBY ISLAND HAULING COMPANY
I. PURPOSE
This Emergency Action Plan is designed to provide guidance to personnel in the event of an emergency and outlines the required procedures for responding to emergencies. Emergencies both man-made and natural may require this facility to be evacuated or shelter-in-place. These may include, but are not limited to, fires, explosions, floods, earthquakes, hurricanes, tornados, toxic material release, radiological and biological accidents, civil disturbances, and workplace violence.
This plan has been developed to provide direction in responding to these and other types of emergencies and ensure the facility’s compliance with OSHA 29 CFR 1910.38, Emergency Action Plans.
II. DEFINITIONS
None
III. RESPONSIBILITY
The Facility Manager is in charge of any emergency at this facility. All communication, questions, etc., are to be directed to the Facility Manager, who has full authority, including the management decisions listed within this plan.
The Facility Manager is responsible for:
a. Assigning alternates to serve in his/her absence, they are listed on the Emergency Contact List in Appendix B.
b. Designating the appropriate emergency response personnel for the various types of emergencies outlined in this plan, and who will assist the Facility Manager in the evaluation and response to emergencies.
c. Ensuring that all personnel are trained on the procedures outlined in this plan. d. Making the decision to shut down operation and whether to shelter-in-place or evacuate during an emergency
e. Directing the shelter-in-place, evacuation and search of the facility, and recall of personnel during an emergency
To Do:
- Annual training to employees
- Conduct mock fire drill
- Update evac map (if changes)
- Update Appendix A,B,C
Annual / Update Review
__2/27/2020__
Signature Date
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© 2009 Republic Services 09/15/09 Emergency Action Plan f. Communicating with local law enforcement and local emergency response personnel to review this plan, the facility, and communicate with them during an emergency. g. Conducting mock emergency drills to train personnel and test this plan at least annually. h. Ensuring that this plan and the contact personnel are kept up to date with current work practices and contacts.
IV. EMERGENCY ACTION PLAN OVERVIEW
Depending on the circumstances and the type of emergency, the first important decision is whether to stay at the facility (shelter-in-place) or evacuate. Facility management will use all available information to determine if there is an immediate danger. In any emergency, local authorities may or may not immediately be able to provide information on what is happening and what the facility should do.
Facility management will make the decision to either shelter-in-place or evacuate in the absence of direction from outside agencies. This plan is designed to account for both possibilities.
Facility management will use available information to assess the situation. If there is a large amount of debris in the air, or if local authorities say the air is badly contaminated, the decision may be to "shelter-in-place." Information will be gathered from watching TV, listening to the radio, or checking the Internet often for information or official instructions as it becomes available. There are numerous emergencies that may prompt personnel to shelter-in-place.
Examples of these types of emergencies include; terrorist attacks, toxic material releases, radiological and biological accidents, civil disturbances, workplace violence, and tornados.
If told to evacuate or seek medical treatment from the authorities, the facility will do so immediately.
In preparation for these events the facilities has designed the following plans to help instruct personnel on who to contact, where to go, and the basic emergency supplies information.
1. Emergency Information List (Appendix A)
The emergency information list contains emergency responders, contact phone numbers, emergency assembly locations, and shelter-in-place locations. It outlines the basic actions that must be taken in the event of an emergency.
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2. Emergency Contact List (Appendix B)
The emergency contact list is posted in multiple locations around the facility so to be used to initiate this emergency action plan. This list contains the home and work phone numbers of key staff and support personnel (e.g., corporate staff, police, fire, emergency medical support, and relevant government agencies). It also contains the names and/or titles of those individuals who are assigned to serve as the facility’s Emergency Coordinator, spokesperson, and their designated alternates.
3. Spill Response Information (Appendix C)
The spill response information contains information on chemicals stored on site, storage amounts, spill cleanup supplies, personal protective equipment, and the names of personnel trained in spill response procedures.
4. Site Evacuation Map
The site evacuation map(s) (Appendix D) contain the emergency escape routes for the buildings and/or area. In addition fire extinguishers, first aid kits, spill response kits, and other emergency response equipment are indicated. Upon notification of an evacuation, all personnel who are not directly involved in responding to the emergency must go directly to the emergency assembly location(s) indicated on this map. Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility.
The emergency assembly areas were selected because there is sufficient area to accommodate all personnel. They are located away from busy streets and out of the way where they will not interfere with rescue and emergency response operations. The location is also up-wind from the most common or prevailing wind direction from the potentially hazardous areas on site.
5. Employee Personal Information
Personal emergency response information is kept with the human resources department. This information, which may be needed in the event of an emergency includes:
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© 2009 Republic Services 09/15/09 Emergency Action Plan a. Home telephone numbers
b. Names and telephone number of next of kin, and
c. Medical information
This information is maintained in such a way that it can be readily retrieved in the event of an emergency.
6. Rescue
Rescue operations at this facility will only be performed by outside agencies that have professionally trained, equipped, and certified personnel to perform rescue operations.
7. Detailed Procedures
Below are detailed procedures for each of the following events:
a. Fire Response Procedures
b. Shelter-in-Place Procedure
c. Evacuation Procedure
d. Medical
e. Weather
f. Spill Response Plan
g. Bomb Threat
V. FIRE RESPONSE PROCEDURES
This outlines when it is safe, and not safe, to fight a fire with a fire extinguisher. Promptly reporting a fire is always the first response. This is to alert everyone and make sure they are evacuated to the emergency assembly location if necessary.
1. Report Fires Immediately
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© 2009 Republic Services 09/15/09 Emergency Action Plan Activate the emergency alarm system and report all fires immediately to the facility manager or the nearest member of management and notify the fire department.
2. Small Fires
Personnel who have completed annual fire extinguisher training may attempt to extinguish small fires. A small fire is defined as a fire that can be controlled or extinguished by the use of portable fire extinguishers without the need for personal protective equipment. Individuals must use their judgment based on their training and experience to determine whether or not it is safe to fight a fire with portable fire extinguishers.
The following is provided as general guidance in helping personnel in making this decision.
3. When it may be safe to extinguish a fire using a fire extinguisher a. Size of the Fire – if the fire is limited to the original material ignited, it is contained (such as in a waste basket) and has not spread to other materials. The flames are no higher than the firefighter's head.
b. Condition of the Air in the Area – if the fire has not depleted the oxygen in the room and is producing only small quantities of toxic gases and no respiratory protection equipment is required.
c. Amount of Smoke and Heat – if heat is being generated, but the room temperature is only slightly increased. Smoke may be accumulating on the ceiling, but visibility is good and no special personal protective equipment is required
d. Evacuation Path - there is a clear evacuation path that is behind you as you fight the fire.
4. When it is not safe to use a fire extinguisher to fight a fire:
a. Type, size, and location of the fire - If the fire involves flammable solvents, has spread over more than 60 square feet, or is partially hidden behind a wall or ceiling, or can not be reached from a standing position.
b. Condition of the air - if the smoke and products of combustion from the fire require respiratory protection in the area
c. Amount of Heat – If the radiated heat is easily felt on exposed skin making it difficult to approach within 10-15 feet of the fire (or the effective range of the extinguisher) d. Visibility - If the person must crawl on the floor due to heat or smoke. Smoke is quickly filling the room, decreasing visibility.
e. Evacuation Path - If the fire is not contained, and fire, heat, or smoke may block the evacuation path
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© 2009 Republic Services 09/15/09 Emergency Action Plan VI. SHELTER-IN-PLACE PROCEDURE
1. Shelter-in-Place Rooms
To “shelter-in-place,” an interior room(s) is selected that is above the ground floor, with the fewest windows or vents. The room(s) should have adequate space for everyone to be able to sit.
Overcrowding is avoided by selecting additional rooms if necessary. Large storage closets, utility rooms, pantries, copy and conference rooms without exterior windows work well. Avoid selecting a room with mechanical equipment like ventilation blowers or pipes, because this equipment may not be able to be sealed from the outdoors.It is ideal to have a hard-wired telephone in the room(s) you select. Cellular telephone equipment may be overwhelmed or damaged during an emergency.
2. Emergency Supplies
Shelter-in-place disaster supplies may include items such as nonperishable food, bottled water, battery-powered radios, first-aid supplies, flashlights, batteries, duct tape, plastic sheeting, and plastic garbage bags.
3. Shelter-in-Place Emergency Action Plan
The following is a basic outline of the typical procedures used for sheltering-in-place. When authorities provide directions to shelter-in-place, they want everyone to take these steps immediately.
a. Close the facility.
b. If there are customers, clients, or visitors at the facility, provide for their safety by asking them to stay. Instruct these people that it is best for their safety not to leave their current location. Do not drive or walk outdoors.
c. Unless there is an imminent threat, ask employees, customers, clients, and visitors to call their emergency contact (i.e. family member, etc.) and let them know where they are sheltering (staying) and that they are safe.
d. Turn on call-forwarding or alternative telephone answering systems or services. If the business has voice mail or an automated attendant, change the recording to indicate that the business is closed, and that staff and visitors are remaining in the building until authorities advise it is safe to leave.
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© 2009 Republic Services 09/15/09 Emergency Action Plan e. Quickly lock exterior doors and close windows, and air vents. Have employees familiar with your building’s mechanical systems turn off all fans, heating and air conditioning systems. Some systems automatically provide for exchange of inside air with outside air.
These systems, in particular, need to be turned off, sealed, or disabled. Close or tape-off all vents in the “shelter-in-place” room(s).
f. If you are told there is danger of an explosion, close the window shades, blinds, or curtains.
g. Take your emergency supplies and go into the designated shelter-in-place room(s). Seal all windows, doors, and vents with plastic sheeting and duct tape or anything else you have on hand.
h. Consider precutting plastic sheeting (heavier than food wrap) to seal windows, doors, and air vents. Each piece should be several inches larger than the space you want to cover so that it lies flat against the wall. Label each piece with the location of where it fits. i. Call emergency contacts and have the phone available if you need to report a lifethreatening condition. j. Write down the names of everyone in the room, and call the designated emergency response coordinator to report who is in the room(s) with you, and their affiliation with your business (employee, visitor, client, or customer). k. Listen to the radio, watch television, or use the Internet for further instructions until you are told all is safe or to evacuate. Local officials may call for evacuation in specific areas at greatest risk in your community.
VII. EVACUATION PROCEDURE
1. Activate Emergency Alarm System
Employees are notified of the need for an emergency notification by sounding of an alarm, announcement over the building communication system, or by notification initiated by their supervisor.
2. Shut Off Equipment
Equipment or operations will only be shut off if time permits and only if your personal safety is not at risk. Critical operations that need to be shut down are included in the Facility Emergency Information List.
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3. Use Designated Exit Routes
Plans/maps that identify designated emergency exits, routes and the locations of fire extinguishers and fire hoses are posted in key locations within the Facility. Employees must always evacuate through an exit closest to your location in the event of an emergency or fire requiring evacuation.
Each supervisor, or in his/her absence an individual designated by the supervisor, is responsible to ensure that all assigned evacuation routes and exits are clear from obstructions that could hinder evacuation during an emergency.
4. Clear the Building / Area
Supervisors are responsible in the event of an evacuation to ensure that all employees and visitors safely evacuate from the supervisor’s assigned work area. Supervisors are also responsible for ensuring that any disabled person located in the supervisor’s work area is either evacuated with other employees or is relocated to a designated (on the evacuation map) location for evacuation by emergency response personnel. Those supervisors whose assigned work areas include restrooms and other inside rooms are responsible to ensure that those areas have been evacuated.
5. Evacuation Precautions
When evacuating during a fire, do not open doors if the doors or knobs are hot. If they are cool, open doors slowly. If smoke is encountered when exiting, kneel down on the floor and crawl to escape. Never use an elevator during a fire. Smoke and heat rises so the elevator may be filled with smoke.
6. Proceed Immediately to Assembly Locations
Employees are instructed to quickly exit the building and to assemble at the primary or secondary assembly locations. See Facility Specific Emergency Information List for the primary and secondary locations.
7. Conduct Headcount
Supervisors, with the assistance of employees, are to take headcounts at the assembly area.
Emergency personnel are to be notified of names and last known location of any missing personnel who might require rescue.
Emergency personnel or the facility manager will make the decision once a headcount is taken if the situation warrants a further evacuation. This may require sending personnel home by normal means or providing them with transportation to an offsite location. 507
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8. Do Not Re-Enter Building / Area Until Authorized
Once emergency response personnel or the General Manager or Designee has given the "all clear" to employees and their supervisors, they may reenter the facility and proceed to their designated work areas.
9. Review Plan
Senior management will conduct a formal critique of the incident and associated actions, to identify necessary recommendations for improvement.
VIII. MEDICAL EMERGENCIES
1. Reporting a Medical Emergency
During normal working hours, evenings, or weekends:
a. Report minor injuries to your supervisor or designated first aid provider. b. Drivers are to call dispatch.
c. Serious or life threatening injuries, call 911/Fire Department, and facility management.
2. Emergency First Aid Assistance
First aid is only to be provided by designated first aid providers who have received first aid and/or CPR training, and whose job description duties include providing first aid. Additionally, the Republic Services contract medical provider has established a procedure to provide post-exposure treatment in the event that an employee is exposed to blood or other potentially infectious substances when voluntarily providing emergency assistance or first-aid. Refer to the Safe Work Procedures – First Aid for additional details.
Note: Employees who have received Republic Services provided first aid or CPR training, and are not designated as first aid providers are instructed that their job does not require that they perform first aid services.
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© 2009 Republic Services 09/15/09 Emergency Action Plan IX. WEATHER – TORNADOS, HURRICANES, FLASH FLOODS
The Facility Manager will make the determination to shut down operations if threatening weather is in the area. The Facility Manager will decide whether it will be better to leave the facility if time permits or “shelter-in-place.”
1. Monitor Weather Conditions
When threatening weather suggests that a tornado, or other dangerous weather condition, could occur in the vicinity, the Emergency Response Coordinator (ERC) will monitor local news/weather radio broadcasts for warnings issued for areas in or around the Facility.
2. Proceed to Designated Shelters
When a weather-related warning is issued for the area the ERC will notify all supervisors to be prepared to move their employees to their assigned shelter areas. At the first sign of an approaching tornado or threatening weather, supervisors must direct their employees to shelter. If time permits, turn off your equipment, prior to proceeding to the designated shelter area.
3. If Designated Shelter is Not Available
Personnel who are unable to reach designated shelters are instructed to use the following guidance to seek alternative shelter. Shelters should ideally be below grade, or if not feasible, above grade in an area without windows and of substantial construction. Typically, fire stairwells and washrooms are examples of appropriate shelter areas. Interior corridors are less desirable as past incidents have indicated that they can become filled with flying shrapnel. If the above shelters are not readily available, cover should be sought under heavy furniture, on the lowest floor, and away from windows, glass doors, etc. All office trailers should be evacuated, and those personnel should move to a more permanent shelter or lie flat in the nearest depression or ditch. Personnel who are outdoors and cannot get to shelter should seek a low-lying area, ditch, depression or low area.
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4. Headcount and Recovery
After the threat of threatening weather has passed, supervisors, with the assistance of employees, are to take headcount to determine that all employees are safe and uninjured. Remain in the shelter area until instructed to return to your work area by the ERC.
5. Call For Emergency Assistance
Call 911 or the Fire Department if any employee requires medical assistance or rescue. Give the Fire Department the appropriate address and the exact location where assistance is required.
X. SPILL RESPONSE
1. Pre - Planning
Chemicals used or stored at the facility are stored and labeled in approved containers according to the requirements of the Facility’s Hazard Communication (Right-To-Know) Program. Material Safety Data Sheets (MSDS) are available for each of these chemicals. Each supervisor is responsible for ensuring that his/her employees are aware of the hazardous chemicals that are used in their work area.
Employees are advised, depending on their work assignment, to either leave from the area of a spill and notify the appropriate personnel of the spill/release, or to respond to the spill/release by stopping, containing, or cleaning up the spill. Appendix C contains a list of chemicals and the amounts if spilled that would require personnel to leave the area.
2. Reporting a Spill
a. Minor Spill
If the spill/release is small (i.e., not large enough to require employees to leave the area) report it immediately to your supervisor.
b. Moderate Spill
Leave the area of the spill/release, then immediately notify your supervisor or a designated spill responder. They will initiate the actions that are required to stop, cleanup, or otherwise 510
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c. Major Spill
Leave the area of the spill, then immediately notify your supervisor or the Facility Manager, and contact the proper authorities or spill responders.
3. Limits of Response
Appendix C contains a list of spill supplies, personal protective equipment to be used for spill responses, and list of personnel who are the designated spill responders for small and moderate sized spills.
a. Minor Spill
Most employees have received routine Hazard Communication training and have been provided with supplemental training on how to use spill cleanup supplies and additional personal protective equipment which will allows them to cleanup minor spills/releases as a part of their routine work assignments. Moderate and larger spills/releases are either handled by moderate spill responders or by Hazardous Materials (HAZMAT) responders. b. Moderate Spill
Responders for moderate sized spills are used at this facility for leak prevention and cleanup, where conditions do not exceed the thresholds established in this plan for HAZMAT response. Employees who have been assigned to respond to moderate sized spills have received routine Hazard Communication training and have been provided with supplemental training to use spill cleanup supplies and additional personal protective equipment. In the event of a moderate spill/release employees are either:
Required to leave the area until the situation is corrected; or Trained and qualified, as a member of the spill response team, to stop the leak and/or cleanup the spill/release.
c. Major Spill
HAZMAT responders are required whenever release of the hazardous chemical creates conditions in the spill/release area that:
Are life or injury threatening;
Pose a fire or explosion hazard;
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Cause high levels of a toxic substance.
Professional fire and emergency assistance are requested (see emergency contact list) where either the facility does not have a HAZMAT response team or when backup assistance is required for the facility's HAZMAT response team
XI. BOMB THREAT
1. Bomb Threat Analysis
Proper response to the threat involves at least three continuous and related but distinct steps:
a. Analysis of the threat and estimate of the need for response. b. Decision on what is the proper response.
c. Implementing the response decision within the allowable time frame.
2. Procedure To Be Followed After A Bomb Threat Has Been Received The person who receives the threat should immediately contact the Facility Manager or the designated alternate.
The person receiving the threat should then immediately fill out a Bomb Threat Checklist (Form 1019, or an equivalent form). This Checklist should be completed for each threat received, noting the time and, if possible, the exact words used in the threat.
In the case of a phone threat, record the conversation if possible and consider taping subsequent calls.
Once he/she is notified the Facility Manager will:
a. Notify the local law enforcement agency, or where the facility has a security officer, contact security to notify local law enforcement (where a security service or security office is used it is recommended that the shift commander be requested, to insure confidentiality); b. Notify all supervisors and instruct them whether to evacuate the facility and/or conduct a search. The Bomb Threat Search Procedure is contained in Bomb Threat Checklist (Form 1019).
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© 2009 Republic Services 09/15/09 Emergency Action Plan If any employee is so concerned that he/she wants to leave the facility because of the bomb threat, he/she shall be allowed to do so. Such employee will be instructed to punch out upon leaving the facility and will not be paid for the remainder of the shift. Employees will further be instructed not to report for work until the beginning of his/her next shift.
If a decision is made to evacuate the facility, supervisors will be responsible for shutting down in the normal manner. Employees will be instructed to proceed to the emergency assembly locations and to remain there for further instructions.
When a decision has been made to return to work, employees will be advised to return to work.
Procedures should be in place to contact employees. Supervisors should turn in the names of any missing personnel to their managers or the facility manager.
XII. TRAINING
Training employees is a critical component of this plan in preparing personnel in how to respond to an emergency. All employees are trained, on their first day of employment, on the actions that they are required to follow during an emergency. Additional training, as appropriate, is provided:
For employees who are assigned to assume additional responsibilities during an emergency; Whenever employee’s responsibilities or designated actions under the plan change Whenever the plan is changed, and
As necessary to maintain the required skills of personnel.
The training program provided to personnel covers this emergency action plan and includes the following topics:
Individual roles and responsibilities;
Potential threats, hazards, and protective actions;
Notification, warning, and communications procedures; Means for locating family members in an emergency;
Emergency response procedures;
Evacuation locations, shelter-in-place locations, and accountability procedures; Location and use of common emergency equipment; and
Emergency shutdown procedures.
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© 2009 Republic Services 09/15/09 Emergency Action Plan XIII. ANNUAL DRILLS AND PERIODIC UPDATES
This facility conducts a test of this emergency action plan at least annually so personnel become familiar with the emergency procedures, the evacuation routes, emergency assembly locations, and shelter locations. The facility reviews this plan with other companies in the area to ensure emergency response efforts are coordinated between neighboring facilities.
Additionally, the plan is reviewed with local emergency response officials to help facilitate the coordination of emergency response efforts. A relationship has been promoted with the local fire department and ambulance provider so they know the layout of the facility, potential hazards, and are familiar with site emergency response personnel.
The plan is stored in a location and manner that can be readily reviewed by employees or their designated representatives. This plan is routinely updated as changes occur.
XIV.PROGRAM ENFORCEMENT
The Facility Manager is responsible for enforcement of this Emergency Action Plan. Anyone who directs someone to violate, or has knowledge of a violation, and takes no corrective action will receive appropriate disciplinary action.
All personnel are responsible for following the procedures in this program. Personnel found in violation of this program will be subject to disciplinary action. 514
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Emergency Action Plan
© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix A - Emergency Information List
Emergency Responders, Phone Numbers, & Assembly Locations Facility Name: __Allied Waste Services of Santa Clara County – Hauling Company_____ Emergency Response Coordinator (ERC): __Rowie Sizemore _____________ Address: _1601 Dixon Landing Road, Milpitas, Ca. 95035________________ Office Phone Number: _(408) 586-2264_______________________________ Fire Department: _City of Milpitas____ ___ ________________________ Phone Number: (408) _586_ - _2800_ or Emergency dial 911.
1. Fire and Evacuation
Equipment needed to be shut down in an emergency:
1. _ _ _______________ _________________
2. _
3. _ ___________________ ______________
Responsible persons to shutdown equipment:
1. _Rowie Sizemore____(408) 586-2264___________________________
2. _Dan North _____(408) 586-2281___________________________ Emergency assembly locations:
Primary: _Parking Lot __________________
Secondary: _D-Shaped Parcel across the driveway. _______________
2. Medical
Medical assistance personnel (if other than fire department): __911__ Number of minutes it takes for professional medical assistance to reach this facility is _15__ minutes.
The facility does not have designated and trained employees to serve as first aid responders.
Location of first aid supplies: Office Break Room
3. Spill Response
The facility does not have designated and trained employees as HAZMAT responders. If yes, list names: _Haz Mat Emergency Response Line: (925) 646-1112____________________ 515
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Appendix B - Emergency Contact List
Facility Name: ______NEWBY ISLAND LANDFILL, CA____
Address: 1 DIXON LANDING ROAD, MILPITAS, CA___
___________________________
© 2009 Republic Services 09/15/09 Emergency Action Plan Title/Agency Contact Business Hours Phone After-Hours Phone Emergency Response Coordinator
(ERC)
Rowie Sizemore (408) 586-2264 (408) 398-7203
First Alternate ERC
Dan North (408) 586-2281 (408) 386-5641
Second Alternate ERC
Nancy Clement (408) 586-2241
Police Department
City of Milpitas (408) 586-2400 911
Fire Department
City of San Jose (408) 586-2800 911
Emergency Medical Services
Fire Department (408) 586-2800 911
Safety Department
Priscilla Lomeli (714) 471-5187
Insurance Company
CCMSI (480) 384-5864
OSHA Area Office
Cal-OSHA (510) 794-2521
Regional Water Quality Control Board SF Bay Water Board (510) 622-2300 Certified Unified Program Agency CUPA (408) 918-3400
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Emergency Management Program
© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix C - Spill Response Information
Spills/releases of the following chemicals, at the following locations, in excess of the listed amounts, will require an employee to leave the area:
Location ___N/A_______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) Diesel Fuel 100 gal
____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to The Evacuation Meeting Area until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Location ____N/A______________________________________________________________ Chemical (Product) Name Size of spill (lbs., gallons, etc.) ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ In the event of this type of a spill, go to _____________________________________________ until advised to return.
Responders for Minor Spills
The following supplies are maintained for minor spill response:
Location Type of Supply Minimum On-Hand Quantity
_Maintenance Shop _______ ___Spill Kit __________ 1 complete spill kit ________________________ _________________________ ________________________ 517
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© 2009 Republic Services 09/15/09 Emergency Action Plan The following personnel are assigned as moderate spill responders:
Job Title/Description Job Title/Description
__Rowie Sizemore – Fleet Manager_________
__Evan Boyd – General Manager________
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© 2009 Republic Services 09/15/09 Emergency Action Plan Appendix D - Site Evacuation Map
The site evacuation map(s) contains the emergency escape routes for this building and/or area. In addition, fire extinguishers, first aid kit, and spill response kit and equipment are indicated. All personnel who are not directly involved in responding to the emergency upon notification of an evacuation are to go directly to the emergency assembly location(s) indicated on this map.
Once at the emergency assembly location point, a headcount will be conducted to account for all personnel at the facility.
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Bomb Threat Checklist
© 2009 Republic Services 09/15/09 Form 1019
1. When the Threat is Called In:
a) Keep the caller on the line as long as possible. If possible, record the conversation.
Use pages 2 and 3 of this form to note all relevant information from the call. b) If not indicated, ask the caller for the location of the bomb and the time of possible detonation.
c) Inform the caller that the building is occupied, and the detonation of a bomb could result in death or serious injury to many innocent people.
d) Pay particular attention to peculiar background noises such as motors running, music, and any other noise, which may give a clue as to the location of the caller. e) Listen closely to the voice (male or female), voice quality (calm, excited), accents, unique phrasing, and speech impediments. Does this voice immediately remind you of a certain individual? If so, list that.
f) Report the call and gathered information immediately to the ___Division Manager___. (Facility Manager or designee).
g) The __Division Manager ____________ will notify local police and fire department (Facility Manager or designee).
h) Follow the directions given by the local police or fire department.
2. Written Threats
a) Save all materials, including any envelope or container. b) Once the message is recognized as a threat, further unnecessary handling should be avoided. Every possible effort must be made to retain evidence such as fingerprints, handwriting or typing, paper, and postal marks that are essential to tracing the threat and identifying the writer.
c) Report the call and gathered information immediately to the ____Division Manager_. (Facility Manager or designee).
d) The ____Division Manager__________ will notify local police and fire department (Facility Manager or designee).
e) Follow the directions given by the local police or fire department. 520
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© 2009 Republic Services 09/15/09 Form 1019
IF A TELEPHONE BOMB THREAT IS RECEIVED, THE PERSON TAKING THE CALL SHOULD
REMAIN CALM AND TRY TO GET AS MUCH INFORMATION AS POSSIBLE Key Points: 1. Keep the caller talking – Do not interrupt!
2. Ask the caller to speak loader.
3. Ask the caller to repeat.
4. Write out the caller’s message entirely, if possible.
Date:
Time: AM/PM
Received By:
Exact Words of Caller:
Questions to ask:
1. When is bomb going to explode?
2. Where is it located?
3. What does it look like?
4. What kind of bomb is it?
5. Why did you place the bomb?
6. What do you hope to accomplish?
7. What is your name?
8. Where are you calling from?
Information Regarding the Call and Caller:
Voice Characteristics:
Familiar Male Female
Child Nasal Loud
Soft High Raspy
Deep Pleasant
Other
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© 2009 Republic Services 09/15/09 Form 1019
Speech Characteristics:
Fast Slow Intoxicated
Stutter Slurred
Other
Accent Characteristics:
Local Region Foreign
Other
Manner of Caller:
Calm Angry Deliberate
Emotional Laughing Incoherent
Righteous Rational Coherent
Other
Origin of Call:
Internal External Cell Phone
Local Long Distance
Did the caller appear to be familiar with the facility? Yes No Number/extension at which the call was received:
Other
Background Noises:
Office Machines Street Traffic Voices
Factory Machines Airplanes Trains
Animals Trucks Music
Quiet Party Static
Other
People Contacted: Yes No Time
Facility Manager
Police Department
Fire Department
Other
Other
Other
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© 2009 Republic Services 09/15/09 Form 1019
Bomb Threat Search Procedure
a. Authorization and Report
1. Your supervisor will instruct you when to search and the specific area to be covered. Your supervisor should also give you a time limit when to stop searching.
2. Report back to your supervisor when the search is complete or at a prearranged time. b. Search Team
1. A minimum of two persons and a maximum of three should be used. (Should normally include supervisor and one other person familiar with the area.) c. Search Technique
1. Take your time and use caution.
2. Be systematic, use upward coverage method: first, floors; then machines; then windows, shelves; then ceiling; then desks.
3. Always be as quiet as possible, listening for timing devices.
4. Search high-potential areas first.
i. Toilets (check all closed and locked stalls)
ii. Lunchrooms
iii. Stairwells
iv. Elevators (top of car) and elevator shafts (pits)
v. Utility rooms, closets, janitors' supply areas
vi. Areas open or near to exterior doors, lobbies, etc
vii. Indoor trash receptacles
viii. Utilities
DO NOT TOUCH ANY SUSPICIOUS ITEMS OR UNIDENTIFIABLE PACKAGES 523
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© 2009 Republic Services 09/15/09 Form 1019
d. Unidentifiable Package
1. A bomb device may be in any shape; lunch boxes, briefcases, cigar boxes, lead pipes, shoe boxes, and paper bags are the most common.
i. The rule of thumb to follow during a search is to attempt to answer the question; “Does this item look like it belongs here?"
ii. An expensive looking briefcase, for example, in an executive's office might not be cause for alarm. Found in a locked toilet stall, however, it could indicate the presence of a device. iii. By the same token, a cigar box placed under a stairwell would likewise be indicative of a device.
2. If a suspected device is located, one member of the search team is required to report by phone or in person to the Facility Manager, or designated alternate, who will then investigate to determine how likely the suspected device is to be a bomb.
i. Keep your cool when suspicious objects are found.
ii. No attempt should be made by the employee to remove or inspect the item! iii. No radio or walkie-talkie transmissions should be made as the keying of a microphone could detonate a device.
3. The Facility Manager, or designated alternate, will direct that appropriate personnel from the area in question and be questioned regarding concerning the suspected device The Facility Manager, or designated alternate, will make the necessary arrangements for the police bomb disposal squad to investigate.
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83166.00002\43677082.1
1 ASSUMPTION AGREEMENT TO
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SUNNYVALE AND CITY OF CUPERTINO RELATING TO
OPERATION OF A MATERIALS RECOVERY AND TRANSFER STATION
THIS ASSUMPTION AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING (“Agreement”) is entered into this ____ day of June 2025, by the City of Sunnyvale, a California chartered municipal corporation (“Sunnyvale) and the City of Cupertino, a California general law municipal corporation (“Cupertino”). Sunnyvale and Cupertino may be referred to herein collectively as the “Parties.”
RECITALS
WHEREAS, on or about July 2021, Sunnyvale and the City of Mountain View (“Mountain View”) entered into a Memorandum of Understanding Relating to the Operation of a Materials Recovery and Transfer Station (the “MOU”);
WHEREAS, Section 9.1 of the MOU allows Sunnyvale as Managing Partner under the MOU to enter into agreements with other jurisdictions to become Partners under the MOU, provided there are no financial or operational impacts to the other Partners; WHEREAS, any agreement by Sunnyvale to add a new Partner requires the consent of Mountain View, which may not be unreasonably withheld;
WHEREAS, Sunnyvale and Cupertino wish to execute this Agreement to add Cupertino to the MOU as a Partner; and
WHEREAS, adding Cupertino to the MOU will not have financial or operational impacts to the other Partners as adding Cupertino will not affect the operations of the Facility and may decrease the Partners’ proportional share of certain costs of the Facility, including debt service obligations for the Planned Capital Improvements and potentially other improvements.
NOW, THEREFORE, the Parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated into this Agreement by reference.
2. Addition of Partner. Pursuant to Section 9.1 of the MOU, Cupertino is added as a Partner to the MOU. After the effective date of this Agreement, Cupertino shall be a Partner subject to all terms and conditions of the MOU. Cupertino shall attend all meetings of the Partners and participate in all decisions requiring the approval of the Partners.
3. Effectiveness of Agreement. This Agreement shall be effective upon its execution by Sunnyvale and Cupertino and approval by Mountain View. At such time, this Agreement shall be considered an amendment of the MOU. This Agreement shall extend through December 31, 2046 [note: this is the current estimated date based on anticipated 20-year debt service].
If the MOU with Mountain View expires prior to that date, this Agreement and the MOU shall Attachment C
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2 remain in effect as to and between Sunnyvale and Cupertino and any other Partners except Mountain View. Cupertino will begin delivering MSW to the SMaRT Station and paying tip fees on or after the Full Start-Up Date as defined in 2.12 of the MOU, following planned upgrades described in Exhibit D to the MOU.
4. Current Tip Fee. For information, the current Tip Fees for the Facility shall be as set forth in the attached Exhibit 1, incorporated by this reference. The Tip Fee shall be adjusted as set forth in the MOU.
5. Updated Exhibits to the MOU. The MOU contemplates that certain Exhibits may be modified without a formal written amendment to the MOU. As of the effective date of this Agreement, the following Exhibits have been updated:
a. Exhibit B Material Streams. After the effective date of this Agreement, Exhibit B of the MOU is updated as set forth in Exhibit 2 of this Agreement. b. Exhibit C Material Composition and Diversion. Exhibit C of the MOU as of the effective date of the Agreement has been updated as set forth in Exhibit 3 of this Agreement.
c. Exhibit D Capital Improvements. Sunnyvale has recently completed the procurement process to initiate the design and construction of the Planned Capital Improvements, and has updated the estimated schedule and costs in Exhibit D of the MOU as set forth in Exhibit 4 of this Agreement.
6. Debt Service. To secure its obligations for the debt service for the Planned Capital Improvements, Cupertino pledges its Resource Recovery Enterprise Fund or successor fund net revenues and agrees to a rate covenant as security for its payment obligation to Sunnyvale under the MOU. Cupertino shall charge solid waste collection and similar rates sufficient to generate net revenues equal to 120% of its share of the debt service for the Planned Capital Improvements. Pursuant to Exhibit I of the MOU, Cupertino shall pay for its share of the debt service, which is _______, one month prior to the semi-annual interest payment dates or otherwise when due as determined by Sunnyvale. Cupertino shall execute any documents necessary to reflect its commitments in this Agreement.
7. Terms. All capitalized terms shall have the meaning ascribed to them in the MOU unless otherwise noted in this Agreement.
8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue shall be in Santa Clara County.
9. Execution. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.
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3 10. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[signatures on the following page]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of the approval of Cupertino below.
CITY OF SUNNYVALE CITY OF CUPERTINO
By: ____________________________
[Name]
[Title]
By: ____________________________
[Name]
[Title]
Dated: _________________________
APPROVAL AS TO FORM:
By: ____________________________
City Attorney
Dated: _________________________
APPROVAL AS TO FORM:
By: ____________________________
City Attorney
Pursuant to Section 9.1 of the MOU, the City of Mountain View approves the addition of Cupertino as a Partner and agrees to the applicable terms and conditions of this Assumption Agreement.
CITY OF MOUNTAIN VIEW
By: ____________________________
[Name]
[Title]
Dated: _________________________
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4 EXHIBIT 1
TIP FEE
Cost per ton FY 25-26
MSW Cost per ton $192.13
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5 EXHIBIT 2
EXHIBIT B TO MOU
MATERIAL STREAMS
Tonnage by Stream Sunnyvale Mountain View Cupertino Total MSW 71,741 47%
39,936 81% 15,000 100% 126,677
Dual Stream Recycling 10,087 7%
5,835 12% - 0% 15,922
Single Stream Recycling
(OCC) 4,266 3%
- 0% - 0% 4,266
Mixed Organics - 0%
- 0% - 0% -
Food Scraps 7,690 5%
- 0% - 0% 7,690
Clean Green 14,201 9%
1,316 3% - 0% 15,517
Public Haul 15,619 10%
2,367 5% 395 3% 18,381
C&D 13,198 9%
- 0% - 0% 13,198
Loose Roll-Off 8,977 6%
- 0% - 0% 8,977
City of Sunnyvale Water
Dept. - Clean dirt spoils 2,911 2%
- 0% - 0% 2,911
Specialty Collected -
Source Separated
Concrete 314 0%
- 0% - 0% 314
Sunnyvale Extra Dump
Events 2,785 2%
- 0% - 0% 2,785
Total 151,789
49,454 15,395 216,638
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6 EXHIBIT 3
396
MATERIAL COMPOSITION AND DIVERSION
[attached behind this page]
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7 EXHIBIT 4
EXHIBIT D TO MOU
CAPITAL IMPROVEMENTS
[attached behind this page]
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NEW MEMORANDUM OF UNDERSTANDING
AMONG THE CITIES OF MOUNTAIN VIEW AND SUNNYVALE
RELATING TO THE OPERATION OF A MATERIALS RECOVERY AND
TRANSFER STATION
Final
July 2021
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Final Memorandum of Understanding i July 2021
TABLE OF CONTENTS
RECITALS ...................................................................................................................... 1 AGREEMENT.................................................................................................................. 1
1. Purpose and Goals............................................................................................. 1
2. Definitions.......................................................................................................... 2
3. Term.................................................................................................................. 4
3.1 Base Term ............................................................................................................ 4
3.2 Applicable Provisions During Pre-Commencement Period.................................... 5
3.3 Full Applicability of MOU Provisions...................................................................... 5
3.4 Meet and Confer on Extension ............................................................................. 5
3.5 Early Withdrawal .................................................................................................. 5
4. Planned Capital Improvements.......................................................................... 5
4.1 Schedule............................................................................................................... 5
4.2 Amortization Period .............................................................................................. 6
4.3 Funding for Planned Capital Improvements ......................................................... 6
4.4 Operation of the Facility Prior to the Full Start Up Date....................................... 6
5. Facility Services and Operations ........................................................................ 6
5.1 MSW..................................................................................................................... 7
5.2 Recyclables........................................................................................................... 7
5.3 Organics ............................................................................................................... 7
5.4 C&D Debris........................................................................................................... 7
5.5 Additional Services to Residents........................................................................... 7
5.6 Operational Standards.......................................................................................... 7
5.7 Facility Maintenance and Repair........................................................................... 8
6. Material Streams................................................................................................ 8
6.1 Initial Tonnage ..................................................................................................... 8
6.2 Materials Stream Composition.............................................................................. 8
6.3 Diversion Goals..................................................................................................... 8
6.4 Changes in Material Streams and Tonnages ........................................................ 8
7. Operator ............................................................................................................ 9
7.1 Operator Agreement ............................................................................................ 9
7.2 Operator Procurement.......................................................................................... 9
7.3 Operator Compensation .....................................................................................10
8. Other Third-Party Agreements......................................................................... 10
8.1 Ancillary Programs by One or More Partners .....................................................10
8.2 Sole Managing Partner Programs .......................................................................10
8.3 Sole Other Partner Programs .............................................................................10
8.4 Notice to Other Partners of Impacts ..................................................................10
8.5 Disposal Agreements..........................................................................................10
9. Other Facility Users.......................................................................................... 10
9.1 New or Additional Partners.................................................................................11
9.2 Merchant Users ..................................................................................................11
10. Financial Provisions.......................................................................................... 11
10.1 General Provisions..............................................................................................11
10.2 Pre-Commencement Period................................................................................12 533
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10.3 Tip Fees..............................................................................................................13
10.4 Gate Rates..........................................................................................................14
10.5 Recyclables Revenue Distribution.......................................................................14
10.6 Annual Reconciliation .........................................................................................14
10.7 Invoices ..............................................................................................................14
10.8 Financial Procedures and Protocols ....................................................................15
11. Coordination, Record Keeping, and Reporting................................................. 15
11.1 Coordination.......................................................................................................15
11.2 Record Keeping and Reporting...........................................................................15
12. Risk Allocation ................................................................................................. 16
12.1 General...............................................................................................................16
12.2 Force Majeure ....................................................................................................16
12.3 Rates and Fee Challenges ..................................................................................16
13. Dispute Resolution........................................................................................... 16
14. Miscellaneous................................................................................................... 16
14.1 Notice .................................................................................................................16
14.2 Governing Law ...................................................................................................17
14.3 Exhibits...............................................................................................................17
14.4 Amendment........................................................................................................17
14.5 Entire Agreement ...............................................................................................17
14.6 Warranties..........................................................................................................17
14.7 Drafting ..............................................................................................................17
14.8 Severability.........................................................................................................17
EXHIBITS
Exhibit A Material Delivery
Exhibit B Material Streams
Exhibit C Material Composition and Diversion
Exhibit D Capital Improvements
Exhibit E Reporting by Managing Partner
Exhibit F Partner Payments
Exhibit G Services to Residents
Exhibit H Recyclables
Exhibit I Reserve Guidelines
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Final Memorandum of Understanding 1 July 2021
This New Memorandum of Understanding (“MOU”) is made this ____ day of ___________, 2021 (“Effective Date”) by and between the CITY OF MOUNTAIN VIEW, a chartered municipal corporation (“Mountain View”) and CITY OF SUNNYVALE, a chartered municipal corporation (“Sunnyvale” or “Managing Partner”), (each a “Partner” and collectively the “Partners”).
RECITALS
WHEREAS, the Partners and the City of Palo Alto currently utilize the Sunnyvale Materials Recovery and Transfer Station (“Facility”) as more particularly set forth in that Second Memorandum of Understanding Among the Cities of Mountain View, Palo Alto, and Sunnyvale Relating to the Construction and Operation of a Materials Recovery and Transfer Station and the Long Term Disposal of Municipal Solid Waste at Kirby Canyon Landfill, dated June 9, 1992, as amended and as may be amended (“Second MOU”); and WHEREAS, under the terms of the Second MOU, the Managing Partner owns the Sunnyvale Materials Recovery and Transfer Station (“Facility”); and
WHEREAS, the Managing Partner contracts with a third party to operate the Facility (“Operator”); and WHEREAS, the Second MOU expires soon, and the Partners have negotiated this MOU to outline the use and management of the Facility by the Partners and other third parties beginning on the Commencement Date, as defined below. The Second MOU shall be of no further force or effect after the Commencement Date and the City of Palo Alto will not participate after the Commencement Date.
NOW, THEREFORE, in consideration of the foregoing, the Partners hereby agree as follows:
AGREEMENT
1. Purpose and Goals
The Partners have entered into this MOU for the following purposes and to accomplish the following goals:
(a) Address the Partners’ obligations and responsibilities with sufficient specificity to address contingencies.
(b) Ensure future Operator Agreements are structured to be in alignment with, and in support of the MOU.
(c) Ensure the Partners are guaranteed capacity in the Facility to meet all defined processing needs. (d) Meet each Partner’s Diversion needs in a fair and equitable manner. (e) Identify and mitigate financial risks to the Partners related to the scope of this MOU to the extent possible, including avoidance of unanticipated financial obligations. (f) Simplify financial reporting, where possible, to facilitate clearer messaging to decision-makers and the public.
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Final Memorandum of Understanding 2 July 2021
2. Definitions
2.1 “C&D Debris” includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding Excluded Waste.
C&D Debris includes rocks, soils, tree remains and other yard trimmings which results from land clearing or land development operations in preparation for construction.
2.2 “Capital Reserve Fund” means that reserve fund established by the Managing Partner pursuant to Section 10.1(b) to be used for the cost of anticipated or unanticipated capital improvements, except those covered by the Equipment Maintenance/Replacement Reserve Fund, to the Facility, including the Planned Capital Improvements, as set forth in Section 4.
2.3 “Commencement Date” means January 1, 2022.
2.4 “Disposal” means the final disposition of MSW or Residue at a Landfill
2.5 “Diversion” or “Diverted” broadly refers to activities that recover useful materials from MSW, and thus reduce the amount of materials intended for Disposal. Specific Diversion activities directly provided by the Facility or by third parties through the provisions of the MOU include, but are not limited to recovery of Organics, Recyclables, and C&D Debris from Processing of MSW and Residue, and from Processing of source-separated Organics, source-separated Recyclables, and sourceseparated C&D Debris.
2.6 “Diversion Goal” means, as provided in Section 6.3 and Exhibit C Material Composition and Diversion, the relative ratio of annual tons of MSW to be Diverted at the Facility to total annual tons of MSW delivered, expressed as a percentage.
2.7 “Effective Date” means the date on which the MOU is fully executed by both Partners.
2.8 “Equipment Maintenance/Replacement Reserve Fund” means that reserve fund established by the Managing Partner pursuant to Section 10.1(c) to be used to pay for any anticipated equipment maintenance and replacement expenses for the Facility.
2.9 “Excluded Waste” means hazardous substance, hazardous waste, volatile, corrosive, biomedical, infectious, biohazardous, radioactive, sewage, restaurant grease and tallow and toxic substances or material, waste that the Managing Partner reasonably believes would, as a result of or upon Disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in the Managing Partner’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose any Partner or the Operator to potential liability.
2.10 “Facility” means the Sunnyvale Materials Recovery and Transfer Station, i.e., the SMaRT Station®.
2.11 “Force Majeure” means the failure of any Partner to meet its obligations under this MOU by reason of acts of God, earthquakes, droughts, floods, storms, explosion, fires, third party strikes, insurrection, riots, pandemics, epidemics, acts of the public enemy, or federal, state, or local law, order, rule, or regulation, excepting any imposed by a Partner in its sole discretion. 536
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2.12 “Full Start-Up Date” means the date that the Facility commences full service following completion of the Planned Capital Improvements, as defined in Section 4, currently estimated to be March 2025.
2.13 “Gate Rate(s)” means the rate(s) charged to Self-Haul customers by the Managing Partner or its Operator for processing and/or Disposal of C&D Debris, MSW, Organics, Recyclables, and other materials delivered to the Facility.
2.14 “Hauler” means any entity with the right to collect and transport discarded MSW, Recyclables, Organics, or other materials to the Facility for processing or Disposal that is generated within a Partner’s jurisdiction as provided for in a franchise, license, permit or other approval issued by a Partner under the terms of its municipal code and applicable law. Hauler includes a Partner if it provides collection services with its own personnel. Hauler does not include anyone utilizing the ability to Self-Haul.
2.15 “Host Fee” meansthose payments to the Managing Partner as set forth in Section 10.3(c). The Host Fee compensates the Managing Partner for hosting the Facility within its jurisdiction and is charged for the entrance to and use of Sunnyvale property.
2.16 “Land Rent” means those payments to the Managing Partner as set forth in Section 10.3(d). The Land Rent compensates the Managing Partner for the reasonable rental value of Sunnyvale property for use of the Facility.
2.17 “Landfill” means the landfill used for Disposal of Residue, which is the Kirby Canyon Sanitary Landfill as of the Effective Date.
2.18 “Managing Partner” means the City of Sunnyvale.
2.19 “MRF Fines” means the two-inch (2”) minus material fraction (i.e., material equal to or less than two (2) inches in diameter) that results from mechanized sorting of recoverable materials from MSW, and that are high in organic content. MRF Fines are a subset of Organics.
2.20 “MOU” means this Memorandum of Understanding.
2.21 “Municipal Solid Waste” or “MSW” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated thereunder.
Excluded from the definition of MSW are Excluded Waste, source-separated Recyclables, sourceseparated Organics, and radioactive waste. Notwithstanding any provision to the contrary, MSW may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as they may be amended from time to time.
2.22 “Operator” means the third-party providing day-to-day Facility operations under the terms of an Operator Agreement with the Managing Partner. If no Operator Agreement is executed or in effect, Managing Partner may be the Operator.
2.23 “Operator Agreement” means the agreement between the Managing Partner and Operator for dayto-day operation of the Facility. 537
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2.24 “Organics” means material originated from living organisms and their metabolic waste products including, but not limited to food, green materials, landscape and pruning waste, lumber, wood, paper products, printing and writing paper, MRF Fines, or as otherwise defined by the Managing Partner. As of the Effective Date and unless modified by the Managing Partner, Organics does not include organic textiles and carpets, manure, biosolids, digestate, and sludges.
2.25 “Partner” means one of Mountain View, Sunnyvale, or any entity that becomes a Partner under the provisions of Section 9.1.
2.26 “Planned Capital Improvements” means those capital improvements set forth in Exhibit D Capital Improvements to be constructed by or at the direction of the Managing Partner, as set forth in Section 4.
2.27 “Pre-Commencement Period” means the period beginning with the Effective Date and ending with the Commencement Date during which the Second MOU remains in effect, while the Planned Capital Improvements provisions of the MOU set forth in Sections 3.1, 4, 7, and 10.2 are also in effect.
2.28 “Residue” means those materials that, after processing, are Disposed of rather than recycled due to either the lack of viable markets for materials, lack of recoverable materials of a sufficient quantity or quality to warrant additional recovery, or inability of the Facility to capture and recover the materials.
2.29 “Recyclables” means those materials identified in Exhibit H Recyclables, which may be revised as provided for in Section 6.4.
2.30 “Second MOU” means that certain Second Memorandum of Understanding Among the Cities of Mountain View, Palo Alto, and Sunnyvale Relating the Construction and Operation of a Materials Recovery and Transfer Station and the Long Term Disposal of Municipal Solid Waste at Kirby Canyon, dated June 9, 1992, as amended and as may be amended.
2.31 “Self-Haul” means the transport of MSW, Recyclables, Organics, or other materials to the Facility for processing and/or Disposal by the generator of such material, or some other entity permitted to do so on behalf of the generator without a solid waste franchise or similar permit, under the terms of the ordinances or regulations of a Partner or other applicable regulatory authority. Self-Haul for types of materials may exclude or include materials from generators outside of the jurisdictional boundaries of the Partners as set forth in Section 5.1. Self-Haul does not include the transport of materials to the Facility by the Partner’s personnel.
2.32 “Tip Fee(s)” means the per-ton fee paid by each Partner as set forth in Section 10.3.
3. Term
3.1 Base Term
The MOU shall take effect upon the Effective Date and expire on December 31, 2036 unless earlier terminated as provided in this MOU.
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3.2 Applicable Provisions During Pre-Commencement Period During the Pre-Commencement Period, the terms of the Second MOU shall apply and be in effect. During the Pre-Commencement Period, only the applicable provisions of Sections 3, 4, 7 and 10.2 of this MOU shall apply and be in effect, which includes Sections 3.1 through 3.4, the provisions of Section 4 related to the design of the Planned Capital Improvements, those provisions of Section 7 as applied to development and execution of an Operator Agreement during the Pre-Commencement Period, and Section 10.2.
3.3 Full Applicability of MOU Provisions
Except for those provisions identified in Section 3.2 above which apply during the Pre-Commencement Period, all other provisions of the MOU shall take effect on and apply as of the Commencement Date.
3.4 Meet and Confer on Extension
On or before December 31, 2033, the Partners shall meet and confer regarding whether to extend the MOU and the applicable terms and conditions of any extension.
3.5 Early Withdrawal
A Partner other than the Managing Partner may terminate the MOU after the Commencement Date with written notice to the other Partners provided at least two (2) years in advance of the termination date.
The Managing Partner may terminate the MOU after the Commencement Date with written notice to the other Partners provided at least three (3) years in advance of the termination date. Upon receipt of such notice, the Partners shall determine the assets and liabilities for the Facilities as of the date of such notice.
The withdrawing Partner shall be responsible for its share of all outstanding liabilities, including debt services for the Facility or any improvements. Payment to satisfy such outstanding liabilities shall be made to the Managing Partner prior to withdrawal.
4. Planned Capital Improvements
The Managing Partner shall perform or cause to be performed the Planned Capital Improvements set forth in Exhibit D Capital Improvements. The design of the Planned Capital Improvements shall commence during the Pre-Commencement Period.
4.1 Schedule
The Managing Partner shall design, construct, and complete the Planned Capital Improvements from the Effective Date until the Full Start-Up Date pursuant to the estimated schedule set forth in Exhibit D Capital Improvements. The Partners shall approve any reasonable adjustments to the schedule requested by the Managing Partner, which shall not require an amendment to this MOU and shall be effective unless objected to in writing by a Partner within thirty (30) days of receipt of the updated schedule as provided by the Managing Partner. The Managing Partner shall provide the other Partners with quarterly status updates on the Planned Capital Improvements, and any Partner may at any time request to promptly meet and confer regarding the updates. The Managing Partner shall further allow Partner review of initial designs, including by a consultant of Partner’s choice and at Partner’s sole expense, provided that such review shall not hinder Managing Partner’s ability to meet its schedule obligations to the Partners.
Partners shall take such steps as are necessary to minimize schedule impacts by arranging, in advance, for expedited internal and/or consultant review. If edits to the type or scope of Planned Capital Improvements are necessary, the Managing Partner shall inform the Partners of the requested change and its effect on cost and schedule. The Partners shall reasonably review and approve such changes, 539
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which will not be unreasonably withheld. Any dispute regarding a change shall be subject to the dispute resolution procedures set forth in Section 13. The Managing Partner shall not be responsible for changes to the schedules due to factors beyond its reasonable control, including, but not limited to, failure by other Partners to promptly respond to questions or opportunities for comment, permit issuance, environmental review, contractor disputes not due to or caused by the willful misconduct or negligent acts of the Operator and/or the Managing Partner, litigation not initiated by or due to or caused by the willful misconduct or negligent acts of Operator and/or the Managing Partner, or any Force Majeure. The Managing Partner shall be responsible for changes to the schedule within its reasonable control and, should it be unable to provide transfer of MSW for Disposal shall pay for any differential costs incurred by a Partner delivering MSW that it would have otherwise delivered to the Facility or to other facilities for processing and/or Disposal, at the then applicable market rate, while waiting for access to the Facility.
4.2 Amortization Period
The cost of the Planned Capital Improvements shall be amortized over the period of years set forth in Exhibit D Capital Improvements. Any change to the amortization period shall be a revision to the Planned Capital Improvements subject to Section 4.1.
4.3 Funding for Planned Capital Improvements
The Managing Partner shall secure the necessary funds, in an amount agreed to by the Partners and based on the requirements of the final design for the Planned Capital Improvements, to fund the design and construction of the Planned Capital Improvements, including related costs that result from construction, such as those due to necessary changes in operations during construction. The Managing Partner may, with agreement from the Partners, which shall not be unreasonably withheld, include the estimated cost of additional and anticipated future capital improvements to the Facility, as outlined in Exhibit D Capital Improvements, in the amount of any financing, including any bond issuance, loan, or similar instrument.
To facilitate comparison of full costs, the actual cost of the Planned Capital Improvements and any additional capital improvements included in any financing for the Planned Capital Improvements, including annual debt service, shall be calculated as part of the Tip Fees described in Section 10.3 and Exhibit F Partner Payment. Partners and the Managing Partner shall determine the actual frequency and form of payment for each Partner’s share of annual debt service, which may vary over time.
4.4 Operation of the Facility Prior to the Full Start Up Date The Partners understand and agree that the Facility may be able to provide only limited or modified services other than MSW transfer for Disposal, prior to the Full Start Up Date. The Partners shall reasonably coordinate any changes to the services set forth in this Section caused by the Planned Capital Improvements. The Managing Partner shall not be in breach of the Second MOU or this MOU if prior to the Full Start Up Date the Facility fails to provide any service other than MSW transfer for Disposal that is required to be provided under the Second MOU or this MOU.
5. Facility Services and Operations
The Managing Partner shall provide those services at the Facility as generally set forth in this Section, with processing of the materials more particularly described in Exhibit B Material Streams. 540
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5.1 MSW
The Facility shall accept all MSW generated within each Partner’s jurisdiction and delivered to the Facility by a Hauler or through Self-Haul. MSW shall be processed to remove Recyclables and to remove Organics for further processing by a third party(ies), and the Residue shall be Disposed of at the Landfill.
5.2 Recyclables
The Facility shall accept all source-separated Recyclables delivered on behalf of a Partner to the Facility by a Hauler or through Self-Haul. Recyclables shall be processed consistent with applicable legal requirements and market conditions. Processed Recyclables shall be transported to, or otherwise be made available for marketing and sale, and the Residue shall be Disposed of at the Landfill.
5.3 Organics
The Facility shall accept all source-separated Organics generated within each Partner’s jurisdiction and transferred to the Facility, as shown in Exhibit B Material Streams, by a Hauler or through Self-Haul.
Organics shall be pre-processed at the Facility and any Residue shall be Disposed of at the Landfill. Preprocessed Organics shall be transferred to applicable processing facilities.
5.4 C&D Debris
The Partners may arrange for Haulers to transport source-separated C&D Debris and other materials collected in roll-off boxes, to facilities other than the Facility for processing and Disposal. Self-Haul of C&D Debris shall be permitted as approved by the Partners. C&D Debris shall be processed at the Facility, consistent with applicable requirements and market conditions for recycling, except as otherwise mutually agreed by the Partners. Processed C&D Debris shall be transported to, or otherwise be made available for marketing and sale, and the Residue shall be Disposed of at the Landfill.
5.5 Additional Services to Residents
The Facility shall provide those additional services to residents of the Partners, as set forth in Exhibit G Services to Residents.
5.6 Operational Standards
The Facility shall comply with those hours and dates of operation, material delivery protocol, exempt waste procedures, and other Facility operational logistical requirements that affect Partners, residents of Partners’ jurisdictions, or third parties delivering material to the Facility, as set forth in Exhibit A Material Delivery. The Managing Partner may modify or amend such operational standards and requirements temporarily in response to Force Majeure. Depending on the nature of the Force Majeure event, the Managing Partner shall provide reasonable notice of the modification or amendment, provide an opportunity for Partners to comment, and shall give due consideration to Partner’s input. In other situations involving substantive changes to the operational standards and requirements described in this Section 5.6 and excluding changes to material streams accepted at the Facility as provided in Section 6.4, the Managing Partner shall consult with and give due consideration to Partner’s input no less than sixty (60) days prior to making such changes. Upon amendment by the Managing Partner, excluding a temporary amendment due to Force Majeure, the Managing Partner shall provide each Partner with an amended Exhibit A Material Delivery, which shall become part of this Agreement without further written amendment.
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5.7 Facility Maintenance and Repair
The Managing Partner shall maintain and repair the Facility as necessary to meet the requirements of the MOU, and the Partners shall ensure that such costs are included in annual budgets or proportionately reimbursed to the Managing Partner.
6. Material Streams
6.1 Initial Tonnage
Upon the Commencement Date, the Partners shall require Haulers to transport those collected materials set forth in Exhibit B Material Streamsto the Facility. The tonnage amounts identified in Exhibit B Material Streams represent guaranteed capacity at the Facility for such stream, but do not obligate the Partner to actually provide such tonnage to the Facility in the event that discarded materials are less than anticipated. Partners may provide tonnages in excess of those identified in Exhibit B Material Streams, subject to available capacity as reasonably determined by the Managing Partner and as previously communicated to the Partners. Unless otherwise noted in Exhibit B Material Streams and subject to Section 6.4, the Partners shall ensure that all Haulers operating within their jurisdiction solely utilize the Facility for each material stream required to be delivered to the Facility under the terms of this MOU.
Partners shall take such reasonable enforcement measures as necessary to ensure compliance by its Haulers, which shall include inserting Facility delivery requirements and penalties for non-compliance in all applicable Hauler franchises, agreements, permits, licenses, and other approvals and ensuring compliance with the applicable provisions.
6.2 Materials Stream Composition
The Partners understand and agree that effective and efficient operation of the Facility requires understanding and anticipating the current and anticipated future composition of waste streams of each Partner. The Partners shall develop a protocol for conducting future MSW, Organics, and Recyclables composition studies and analyses to ensure compliance with applicable regulatory requirements or as deemed advisable by the Partners, and for the purpose of allocating Recyclables sales revenues between the Partners as set forth in Section 10.5. The cost of joint studies shall be paid by the Parties proportionally, based on the relative amount of delivered tons of each waste stream. For purposes of this MOU, any change to tonnage or composition shall be measured against the prior year’s tonnage, or the most recent composition study. The Partners may at any time agree to modify Exhibit C Material Composition and Diversion, in which case the Managing Partner shall provide each Partner with an amended Exhibit C Material Composition and Diversion, which shall become part of this Agreement without further written amendment.
6.3 Diversion Goals
The Managing Partner shall operate the Facility to achieve the Diversion Goal specified in Exhibit C Material Composition and Diversion and as provided under the terms of this MOU. The Diversion Goal may be modified by mutual agreement of the Partners, in which case the Managing Partner shall provide each Partner with an amended Exhibit C Material Composition and Diversion which shall become part of this Agreement without further written amendment.
6.4 Changes in Material Streams and Tonnages
In the event that a Partner wishes to implement a new collection program or alter an existing program such that the composition or tonnage of delivered material may change, that Partner shall inform the 542
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other Partners no less than six (6) months prior to the planned implementation date for the change. The Partners shall collectively determine the impact on all Partners and will work in good faith to identify an equitable solution. If, after the Effective Date, a Partner wishes to deliver less than all of a given waste stream to the Facility, that Partner shall inform the other Partners no less than six (6) months prior to the planned implementation date for the change. The Partners shall collectively determine the impact, and modify Tip Fees as necessary to ensure that any change in the net cost of operating the Facility is paid by the Partner reducing its delivery.
7. Operator
7.1 Operator Agreement
The Managing Partner may, in its reasonable discretion, contract with a third-party Operator to operate the Facility on its behalf, as set forth in the Operator Agreement. The Managing Partner shall oversee the Operator and administer the Operator Agreement. The Operator Agreement shall be consistent with the terms of this MOU and should ensure alignment of Operator’s performance with Partner goals, including a clear connection between the financial responsibilities and Diversion expectations of the Partners, and those of the Operator.
7.2 Operator Procurement
For any new or extended Operator Agreement executed after the Effective Date, the Partners shall meet and confer to identify the process for Operator procurement, including the benefits of a competitive or single source procurement and length of term, the timely review of any draft requests for proposals and draft Operator Agreements by the Partners, and the participation of Partner representatives in proposal evaluations. The selection of the Operator and the terms of any final Operator Agreement shall be determined by the Managing Partner in a manner consistent with the agreed procurement process.
Notwithstanding the foregoing and subject to future Partner discussion, the Partners anticipate that all amended or new Operator Agreements will address the following:
(a) Provision of financial incentives and/or disincentives that motivate Operator performance to meet Partner goals for the amount, percentage, and/or timing of Diversion of specific material streams or other performance incentives. The Partners anticipate that Recyclables revenue incentive(s), if any, will be based on achieving defined percentages of specified benchmark commodity indices and/or sale prices, rather than as a direct share of Recyclable revenues. (b) How the Operator will or will not be compensated for typical and atypical variations in tonnage delivered to the Facility. Further, the Operator Agreement should include, if feasible, other means for reducing risk of unanticipated Operator expenses. The Operator Agreement should reward efficiency, require Operator flexibility in accommodating Partner needs in a timely manner, and reward Operator-suggested innovations that reduce cost or increase efficiency and that are approved by the Partners, as set forth in the MOU.
(c) In addition to general compliance with applicable law, Operator activities related to SB 1383 compliance, including but not limited to meeting recovery targets, conduct of and/or coordination with parties conducting composition studies, data tracking and reporting, and other matters requested by the Partners.
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(d) Specification of Operator responsibility for the impacts and costs related to Operator’s labor unrest, including strike, work stoppage, slowdown, sick out, picketing, or other concerted job action.
7.3 Operator Compensation
The Operator shall be compensated for services as set forth in the Operator Agreement, including whether and how compensation may be paid out of reserve funds as identified in Section 10.1.
8. Other Third-Party Agreements
8.1 Ancillary Programs by One or More Partners
With prior consultation with other Partners, the Managing Partner may take the lead role in procuring agreements with third parties for waste-related services at the Facility to be used by one or more Partners.
Each Partner may, but is not required to, participate in such programs and agreements and shall pay its proportional cost of participating, which shall be detailed in such agreement. The Tip Fee shall be adjusted as necessary to account for such program.
8.2 Sole Managing Partner Programs
With prior written notice to the other Partners, the Managing Partner may execute third-party agreements for waste-related services at the Facility or that impact the Facility, that are for the sole benefit of the Managing Partner, and that do not affect the other Partners’ use of the Facility or cost of doing so. The Managing Partner shall be solely responsible for all costs of such programs.
8.3 Sole Other Partner Programs
With prior written notice to the other Partners, a Partner, other than the Managing Partner, may execute third-party agreements for waste-related services at the Facility or that impact the Facility, that are for the sole benefit of the Partner, and that do not affect the other Partners’ use of the Facility or costs of doing so. Upon request, the Managing Partner may assist in the negotiation and administration of such agreements to the extent feasible, given other commitments and with reasonable compensation for the Managing Partner’s ongoing management, which shall be set forth in an agreement between such Partner(s) and the Managing Partner.
8.4 Notice to Other Partners of Impacts
Each Partner shall provide the other Partners with at least ninety (90) days’ advance written notice of any material change to a third-party agreement, subject to this Section or of a Partner’s intent to negotiate or implement new or modified termsto any third-party agreement that could have a direct or indirect impact on the Facility, Operator, or other Partners.
8.5 Disposal Agreements
During the term of this MOU, and except as otherwise agreed to by the parties, each Partner shall execute and maintain an agreement with the Landfill or with the Managing Partner to permit the Disposal of MSW and Residue at the Landfill. In all cases, such disposal agreements shall not conflict with this MOU.
9. Other Facility Users
The Managing Partner shall not permit any third party, excluding Haulers or those exercising Self-Haul, to transport waste materials to the Facility except as permitted in this Section. 544
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9.1 New or Additional Partners
With the consent, which may not be unreasonably withheld, of the other Partner, or one additional Partner if there are two or more Partners other than the Managing Partner, the Managing Partner may execute agreements with other public agencies to become Partners to the MOU with no adverse financial or operational impacts to existing Partners, unless otherwise agreed. The Managing Partner may develop a template agreement to add new Partners for prior review and approval by the existing Partners. Upon development and approval of such template, the Managing Partner may execute the template with any new Partner, subject to compliance with the California Environmental Quality Act (CEQA) and other applicable law(s).
9.2 Merchant Users
With mutual agreement of the other Partners, which may not be unreasonably withheld, if the sale does not have an adverse financial or operational impact on the other Partners, unless otherwise agreed, the Managing Partner may offer excess capacity in the Facility for any waste stream to a third-party merchant user, who may be a solid waste hauler or public agency. Such sales shall not affect the capacities provided to each Partner in Exhibit B Material Streams. The Managing Partner may develop a template agreement to offer excess capacity to merchant users for prior review and approval of the other Partners. Upon development and approval of such template, the Managing Partner may execute the template with any merchant user, subject to compliance with the California Environmental Quality Act (CEQA) and other applicable law(s).
10.Financial Provisions
10.1 General Provisions
Except as otherwise provided in this MOU, the Partners shall be responsible for all costs of operating the Facility in those proportions, as set forth in Exhibit F Partner Payments. The Partners understand and agree that the Managing Partner shall be entitled to recover all direct and indirect costs of operating the Facility incurred under this MOU, as set forth in Exhibit F Partner Payments. The Managing Partner shall prepare annual budgets, reserve targets, capital replacement schedules, and other planning documents necessary to operate the Facility in coordination with the Partners. The Managing Partner shall notify the other Partners as soon as reasonably possible if it incurs an unbudgeted single expense of Fifty Thousand Dollars ($50,000) or more and whether reserve funds are planned to be utilized to cover such unbudgeted expense. The Managing Partner shall accurately account for all revenues and costs related to the Facility.
Without limiting the foregoing, the Managing Partner shall establish and maintain the following funds:
(a) SMaRT Station Enterprise Fund. The SMaRT Station Enterprise Fund shall be used for allocating net costs of the Facility to Partners and which shall have a net zero balance at the end of each fiscal year.
(b) Capital Reserve Fund. The Capital Reserve Fund shall be used for those purposes set forth in Section
2.2 and subject to the guidelines set forth in Exhibit I Reserve Guidelines. The Managing Partner, in coordination with the Partners, shall determine whether any changes to the appropriate amount of the Capital Reserve Fund are required as part of the annual budget process and are consistent with adopted reserve policies, as they may be amended by Managing Partner in consultation with the Partners. At the termination of this MOU or upon early termination by Partner, as described in Section 3.5, any excess funds in the Capital Reserve Fund shall be returned to the Partners in proportion to their initial contribution.
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(c) Equipment Maintenance/Replacement Reserve Fund. The Equipment Maintenance/Replacement Reserve Fund shall be utilized to pay for any anticipated equipment maintenance and replacement expenses for the Facility, subject to the guidelines set forth in Exhibit I Reserve Guidelines. The Managing Partner may accumulate funds in the Equipment Maintenance/Replacement Reserve Fund to pay for anticipated expenses in future fiscal years, as deemed appropriate. The Managing Partner, in coordination with the Partners, shall determine whether any changes to the appropriate amount of the Equipment Maintenance/Replacement Reserve Fund are required as part of the annual budget process and are consistent with adopted reserve policies, as they may be amended by Managing Partner in consultation with the Partners. At the termination of this MOU or upon early termination by Partner as described in Section 3.5, provided all applicable debts and obligations under the MOU have been satisfied, any unspent funds in the Equipment Maintenance/Replacement Reserve Fund shall be returned to the Partners in proportion to their initial contribution.
The Partners acknowledge the probable need to replace equipment or make capital improvements during the term of the MOU (“deferred replacement”). The exact nature and timing of which, are not known as of the Effective Date. Deferred replacements shall provide for a ten-year recovery of equipment costs and a fifteen (15) year recovery of capital improvement costs. Such projected expenditures shall be reviewed in advance by the Partners, as part of the annual budgeting process provided for the Capital Reserve Fund and the Equipment Maintenance/Replacement Reserve Fund, as described in subsections (b) and (c) above. Upon termination of the MOU at the end of the base term or an extension, or Partner exercise of early withdrawal rights as provided in Section 3.5, the applicable Partner(s), other than the Managing Partner, shall owe a prorated portion of their total share of such agreed costs, as shown in the examples contained in the following table.
Example
Calendar Year
Deferred
Replacement
Cost is Incurred
Length of MOU
Term
Remaining
Length of
MOU Term
(Years)
Remaining Length
of MOU Term (%)
Partner
Obligation
($)
1. 12th year 15 years 3 years 20.0%
(3 years /15 years)
20.0% of
Partner’s
full share of
cost
2. 12th year 18 years
(includes a 3-year
extension)
6 years 33.3%
(6 years /18 years)
33.3% of
Partner’s
full share of
cost
10.2 Pre-Commencement Period
Consistent with Section 4, the Managing Partner may incur costs for the Planned Capital Improvements during the Pre-Commencement Period and provided that it notifies the Partners prior to doing so. The Partners will endeavor to recover all costs of the Planned Capital Improvements through an applicable debt or similar financings and paid over time through debt service components of the Tip Fees. However, in the event the Managing Partner identifies the need to incur additional costs that are not included in such financing and that exceed fifty thousand dollars ($50,000), the Managing Partner will promptly notify and discuss such need with the Partners and will consider any reasonable alternative to minimize or eliminate the need to incur the cost. Managing Partner may provide an invoice for Partner’s share of such 546
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costs to the other Partners, which shall be paid within ninety (90) days of receipt. Partner’s share of such costs shall be allocated on the same basis, as provided in Exhibit F Partner Payments, for debt service.
10.3 Tip Fees
All Partners shall pay the Managing Partner a Tip Fee for each ton of each delivered stream. Exhibit F Partner Payments specifies the initial Tip Fees for each delivered stream as of January 1, 2022, provided that the initial Tip Fees shall be adjusted on July 1, 2021, as provided in subsection (d) below, to reflect changes in the cost of living since the Effective Date. Exhibit F Partner Payments outlines the components of cost, specifies whether such costs are fixed or variable, and defines the method of allocation to Tip Fees. Cost components include Operator compensation, Managing Partner annual budget, debt service, transfer and transport (as applicable), third party processing, Disposal, Host Fee, Land Rent, and reserves.
Tip Fees include the cost of services to Partners’ residents provided for in Section 5.5. (a) In addition to the above, if a program or function is established to benefit one Partner or a subset of Partners, the Tip Fee for such Partners shall be adjusted to fully recover all direct and indirect costs of such program or function from the participating Partners. (b) Tip Fees shall be adjusted annually on July 1 as part of the Facility’s annual budget process and as determined by the Partners. Exhibit F Partner Payments outlines the process for adjusting the Tip Fees.
(c) The Tip Fee paid by Partners shall include the Host Fee, which shall be paid to and retained by the Managing Partner for use for any lawful purpose. Exhibit F Partner Payments specifies the initial Host Fee for each delivered stream as of January 1, 2022, provided that the initial Host Fee shall be adjusted on July 1, 2021 and each July 1 thereafter to reflect changes in the San Francisco-OaklandHayward Metropolitan Area Consumer Price Index (All Urban Consumers), which is calculated based on the annual change in the index from December of the prior year. In the event that this index is no longer calculated by the Bureau of Labor Statistics, the Partners shall use the successor index or other index that most closely resembles the All Urban Consumers index. (d) The Tip Fee paid by the Partners shall include Land Rent. Exhibit F Partner Payments specifies the initial Land Rent to be applied to each delivered stream as of January 1, 2022, provided that the initial Land Rent shall be adjusted on July 1, 2021 and each July 1 thereafter to reflect changes in the San Francisco-Oakland-Hayward Metropolitan Area Consumer Price Index (All Urban Consumers), which is calculated based on the annual change in the index from December of the prior year. In the event that this index is no longer calculated by the Bureau of Labor Statistics, the Partners shall use the successor index or other index that most closely resembles the All Urban Consumers index.
Land Rent is allocated to each of the Partners in proportion to their relative use of the total overall permitted capacity of the Facility (tons per day), as specified by the Facility’s State solid waste facility permit. The initial Land Rent ($/ton) was calculated in this manner:
• Total FY 2021-22 land rent for all Partners = $822,608 • Permitted capacity of the Facility = 1,500 tons per day • Operating days per year = 260
• Permitted tons per year = 260 x 1,500 = 390,000
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• Land Rent per Ton = $822,608 / 390,000 = $2.11
By way of example, if the City of Mountain View delivered 52,000 tons to the Facility in a year (all streams excluding Self Haul) then it would pay a total of $109,720 for that year in Land Rent (52,000 x $2.11) as the Tip Fee.
(e) In the event that the permitted capacity of the Facility is increased or decreased, the Land Rent shall be reallocated based upon the revised capacity, with the reallocated Land Rent ($/ton) becoming effective on the effective date of the permit revision. To calculate this reallocated Land Rent, the total annual Land Rent would be divided by the revised annual permitted capacity, as above. The total Land Rent to be used in the reallocation would be equal to $822,608 adjusted on July 1, 2021 and each July 1 thereafter to reflect changes in the San Francisco-Oakland-Hayward Metropolitan Area Consumer Price Index (All Urban Consumers), which is calculated based on the annual change in the index from December of the prior year. In the event that this index is no longer calculated by the Bureau of Labor Statistics, the Partners shall use the successor index or other index that most closely resembles the All Urban Consumers index. Land Rent may be used by the Managing Partner for any lawful purpose.
10.4 Gate Rates
Any person or entity utilizing Self-Haul shall pay the Operator on behalf of the Managing Partner a Gate Rate for all delivered materials at the Facility. Whether calculated on a weight or volume basis, the Gate Rate shall include the Host Fee and Land Rent. Revenues received from the Gate Rate, excepting the Host Fee and Land Rent, shall be utilized to offset costs of operating the Facility. Revenues from Gate Rates may be shared with the Operator to the extent provided in the Operator Agreement.
10.5 Recyclables Revenue Distribution
The Partners shall retain the proceeds from the sale of all Recyclables, as set forth in Exhibit F Partner Payments. The Partners shall conduct Recyclables composition studies for the purpose of allocating Recyclables sales revenues between the Partners, as provided in Section 6.2 and Exhibit C Material Composition and Diversion, and at the frequency specified in Exhibit C Material Composition and Diversion. The Partners may at any time agree to modify such frequency, in which case the Managing Partner shall provide each Partner with an amended Exhibit C Material Composition and Diversion, which shall become part of this Agreement without further written amendment.
10.6 Annual Reconciliation
The Managing Partner will develop detailed procedures for conducting annual reconciliations to ensure allocation of costs and revenues between the Partners as provided in this MOU. The Managing Partner shall develop proposed procedures for Partner review by October 1, 2021, with the intent of the completing adoption of the procedures by the Commencement Date.
10.7 Invoices
The Partners shall pay the Operator or Managing Partner, as directed by Managing Partner, all Tip Fees and other costs within sixty (60) days of receipt of an invoice. 548
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Final Memorandum of Understanding 15 July 2021
10.8 Financial Procedures and Protocols
The Partners shall adopt and amend procedures and protocols to implement the financial provisions of the MOU consistent with its terms and the identified goals. Any dispute regarding the development or implementation of the procedures shall be subject to Section 13.
11.Coordination, Record Keeping, and Reporting
11.1 Coordination
(a) Each Partner shall appoint one staff person to act as its representative. This individual shall be designated with written notice to the other Partner(s). Each Partner shall further ensure that its City Manager, Public Works Director or department director responsible for solid waste activities, and similar senior staff, as determined by each Partner, are available for Facility coordination and discussion as necessary.
(b) The Managing Partner shall coordinate and host quarterly meetings between the Partners regarding Facility operation and other matters subject to this MOU. The Managing Partner shall provide summary notes of such meetings to the Partners within ten (10) days of each meeting, and the Partners shall notify the Managing Partner within twenty (20) days of each meeting of any issues or concerns regarding the summary notes.
(c) The Partners shall endeavor to participate in monthly or similar interval meetings or conference calls to discuss Facility operation and other matters subject to this MOU. (d) Without limiting the foregoing, the Managing Partner shall ensure that the Partners remain aware of pending or potential operational changes to the Facility or to collection programs that may directly or indirectly impact other Partners. Other Partners shall provide similar notifications regarding their efforts.
11.2 Record Keeping and Reporting
The Managing Partner shall prepare and distribute reports regarding the Facility, its operations, and finances to the Partners. Such reports shall include the following:
(a) As more particularly set forth in Exhibit E Reporting by Managing Partner, the Managing Partner shall collect and track relevant financial and operational data, modified as necessary to facilitate tracking of cost centers, and to set, manage and adjust Operator compensation and Tip Fees.
Reporting materials will be checked for accuracy prior to release to the Partners. (b) The Managing Partner shall provide annual and semi-annual reports regarding Facility operations to the Partners.
(c) The Managing Partner shall prepare and circulate an end of year financial report, audited by a third party, which describes all relevant financial information regarding Facility operation to ensure the accuracy of the data and other financial matters. The data used to prepare such report shall be available to Partners in sufficient detail to permit auditing by any Partner. 549
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Final Memorandum of Understanding 16 July 2021
12.Risk Allocation
12.1 General
Each Partner shall indemnify, defend, and hold the other Partners, their officers, officials, agents, employees and volunteers harmless from all claims, suits or actions of every name, kind and description, including but not limited to reasonable attorney’s fees and other costs of defense, arising from or relating to the acts or omissions of the Partner, its officers, agents, employees or volunteers except to the extent such claims, suits, or actions arise from or relate to the actions or omissions of any other Partner, its officers, agents, employees or volunteers.
In the event of concurrent negligence of two or more Partners, their officers, officials, agents, or employees, the liability for any and all claims, suits or actions of every name, kind and description arising out of this MOU shall be apportioned between the Partners under the established California rules of comparative negligence with each party bearing its own attorneys’ fees and costs.
12.2 Force Majeure
If any Partner is prevented, in whole or in part, from carrying out this MOU due to a Force Majeure, then any Partner may reduce or cease performance of the MOU as necessary to respond to such event of Force Majeure. Within thirty (30) days of any Partner declaring a Force Majeure, the Partners shall meet and confer to determine the impact and duration of the event and any reasonable steps that can be taken by the Partners to mitigate or reduce the impact of the Force Majeure. In addition, in all cases and notwithstanding any Force Majeure, each Partner shall continue to pay its share of any fixed costs, included in the Tip Fees, upon request of the Managing Partner.
12.3 Rates and Fee Challenges
Each Partner shall ensure that any solid waste rates charged by each Hauler or Partner include sufficient revenues to pay the Tip Fees and any other processing and Disposal costs.
13.Dispute Resolution
The Partners shall attempt to informally meet and confer regarding any dispute regarding the interpretation of this MOU, which shall include discussions between appropriate executive staff of the Partners including department directors, and city managers as necessary. If such discussions are unable to resolve the dispute, the Partners may agree to mediation or other non-binding dispute resolution process, provided that disputes regarding financial, accounting, budgeting, or cost matters shall be decided by binding arbitration. The Partners shall equally split the cost of any mediation, arbitration, or other dispute resolution and shall bear their attorneys’ fees and costs.
14.Miscellaneous
14.1 Notice
During the term of this MOU, all notices shall be made in writing and either served personally, sent by first class mail, or sent by email, provided confirmation of delivery is obtained at the time of email transmission.
Notices to Sunnyvale shall be sent to the attention of the “Solid Waste Program Manager. Notices to Mountain View shall be sent to the attention of the Assistant Public Works Director. In the event either of 550
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Final Memorandum of Understanding 17 July 2021
these positions is vacant, notices to Sunnyvale shall be sent to the attention of the Environmental Services Director and notices to Mountain View shall be sent to the attention of the Public Works Director.
Any Partner may change the address to which notice is to be given by providing the other Partners with written notice of such change at least fifteen (15) days prior to the effective date of the change.
Service of notices shall be deemed complete on the date of receipt if personally served or if served using email provided confirmation of delivery is obtained at the time of email transmission. Service of notices sent by first class mail shall be deemed complete on the fifth (5th) day following deposit in the United States mail.
14.2 Governing Law
This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California.
14.3 Exhibits
The exhibits attached to this MOU are incorporated by this reference.
14.4 Amendment
This MOU may only be amended in writing signed by all Partners, and any purported amendment shall be of no force or effect.
14.5 Entire Agreement
This MOU constitutes the entire agreement between the Partners and supersedes all prior negotiations, representations, or agreements, whether written or oral. Notwithstanding the foregoing, the Current MOU shall remain in effect during the Pre-Commencement Period, subject to the applicable provisions of this MOU. Any breach of the Current MOU during such time period shall also be a breach of this MOU.
Upon the Commencement Date, this MOU shall supersede the Current MOU.
14.6 Warranties
The person signing this MOU on behalf of a Partner is authorized to do so. All procedural and other preconditions to the effectiveness of this MOU have been satisfied. There is no litigation pending or threatened that would materially impact a Partner’s ability to enter into or perform this MOU.
14.7 Drafting
The Partners acknowledge that the terms of this MOU were negotiated and drafted by the Partners with the assistance of counsel. Accordingly, any rule of construction to the effect that any ambiguity is to be construed against the drafting party shall not apply to the interpretation of this MOU.
14.8 Severability
If for any reason any provision of this MOU is determined to be invalid, unenforceable or contrary to any existing or future law to any extent, such provision shall be enforced to the extent permissible under the law and such invalidity, unenforceability or illegality shall not impair the operation of or otherwise affect those portions of this MOU which are valid, enforceable and legal. 551
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Final Memorandum of Understanding 18 July 2021
SIGNATURE PAGE FOR NEW MEMORANDUM OF UNDERSTANDING
Among the Cities of Mountain View and Sunnyvale Relating to the Operation of a Materials Recovery and Transfer Station
IN WITNESS WHEREOF, the Parties hereto have executed this agreement in duplicate on the day and year first above written.
CITY OF MOUNTAIN VIEW,
a chartered municipal corporation
By:
City Manager
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SUNNYVALE,
a chartered municipal corporation
By:
Kent Steffens, City Manager
APPROVED AS TO FORM:
John A. Nagel, City Attorney
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EXHIBIT A
MATERIAL DELIVERY
Delivery of Materials
Partner Designated Hauler deliveries:
Monday-Friday 5am-5pm (and Saturday’s following a holiday which falls on a weekday) Saturday 8am-3pm
Facility Closed: January 1, the Fourth Thursday in November, December 25 (“Holidays”) Public Haul and Resident Services:
Daily 8am-5pm (except Holidays)
Buyback and Drop-off Center
Daily 8am-5pm (except Holidays)*
* Certain drop-off materials may be limited to Monday-Friday by Operator, as approved by Managing Partner with notice to Partners
Facility Operational Requirements:
Partner Designated Haulers shall follow the materials delivery protocol and policies as directed by the Operator, including but not limited to; “SMaRT Station - GENERAL SAFE OPERATION & COMPLIANCE POLICY for HAULERS”; Load check procedures; and any other standards or procedures that may be adopted in the future by the Operator to ensure safety and compliance at the Facility.
Source References:
SMaRT Operating Agreement Section 3.3
Solid Waste Facilities Permit (CalRecycle) 43-AA-0009; Transfer Processing Report Bay Counties Waste Services: SMaRT Station General Safe Operation & Compliance Policy for Haulers (7/15/2013)
City of Sunnyvale Conditional Use Permit
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EXHIBIT B
MATERIAL STREAMS
Tonnage by Stream Sunnyvale Mountain View Cupertino Total MSW 71,741 47% 39,936 81% 15,000 97% 126,677
Dual Stream Recycling 10,087 7% 5,835 12% - 0% 15,922
Single Stream Recycling (OCC) 4,266 3% - 0% - 0% 4,266
Mixed Organics - 0% - 0% - 0% -
Food Scraps 7,690 5% - 0% - 0% 7,690
Clean Green 14,201 9% 1,316 3% 395 3% 15,912
Public Haul 15,619 10% 2,367 5% - 0% 17,986
C&D 13,198 9% - 0% - 0% 13,198
Loose Roll-Off 8,977 6% - 0% - 0% 8,977
City of Sunnyvale Water Dept. - Clean
dirt spoils 2,911 2% - 0% - 0% 2,911
Specialty Collected - Source Separated
Concrete 314 0% - 0% - 0% 314
Sunnyvale Extra Dump Events 2,785 2% - 0% - 0% 2,785
Total 151,789 49,454 15,395 69,773
As referenced in Section 6.1 Initial Tonnage. Updated 6/9/2025. 554
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EXHIBIT C
MATERIAL COMPOSITION AND DIVERSION
Material Composition
In accordance with Section 6.2 of the MOU Dual-Stream characterization studies will be performed every other year by the SMaRT Station Operator. Partners may request a characterization outside of this cycle, but not more frequently than every 6 months. These characterizations shall form the basis for the allocation of revenues from the sale of source-separated recyclables delivered from Partner collection programs.
Dual-Stream Characterization (2021*, Performed by SMaRT Operator, Bay Counties Smart) In 2022, SCS Engineers (SCS) conducted a physical characterization of the material infeed and output at the SMaRT Station Material Recovery Facility (MRF). The goal of this project was to understand the types and quantities of material removed from the MRF, to identify potential changes to the new upgraded MRF. The survey date is presented in Appendix 1.
Diversion
Goal - 39.2% of incoming MSW
Method for Calculating Diversion Percentage
A = Tons of Municipal Solid Waste coming into the SMaRT Station. *Note: Municipal Solid Waste does not include source-separated organics, source-separated curbside materials, source-separated C&D materials such as concrete, dirt and metals and materials delivered to the Buyback/Dropoff Center.
B = Tons of Municipal Solid Waste placed in transfer trucks and hauled to the Kirby Canyon Landfill for disposal.
C = Percent of incoming Municipal Solid Waste diverted.
A-B/A = C
The following example shows how this formula will be used to calculate the diversion level achieved:
A = 200,000 tons
B = 145,000 tons
200,000 tons – 145,000 tons / 200,000 tons = 27.5% diverted 555
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SMaRT Station MOU D-1 July 2021
EXHIBIT D
CAPITAL IMPROVEMENTS
SMaRT Next Gen Refurbishment Overview
May 2025
The refurbishment of the SMaRT Station is intended to consist of a variety of upgrades and improvements to meet the following overall goals:
• Replace worn or near end-of-life equipment and systems. • Improve functionality for efficiency and enhanced recovery/diversion. • Increase diversion to meet various long-term goals such as Climate Action Plans and Zero Waste Goals.
• Increase recovery of organics by way of recovery of MRF fines and compostable paper to improve compliance with regulatory requirements.
• Enhance automation or mechanical recovery systems where labor conditions or labor cost savings could be realized.
• Refurbish or replace worn or antiquated building and/or site features.
These goals are exhibited in the following improvements per the respective systems:
Mixed Waste System and Curbside System
• Add equipment where current equipment is lacking or where an overall improvement of the system can be achieved. A specific example is the addition of a size reducer/shredder, metering equipment either upfront or along the mixed waste processing line such that more bags are opened and their contents liberated for the remainder of the system to function more efficiently. • Add a series of recovery system to increase diversion, both to reach the respective jurisdictions Climate Action Plans, Zero Waste Goals, as well as to aid in the requirements of new state mandates requiring elevated levels of organics diversion. These improvements are envisioned to increase the recovery of MRF fines as well as compostable paper from the mixed waste stream. • Add automation or mechanical systems where either enhancements in the quality or quantity of recovered commodities or reductions in labor or maintenance force can realize a net benefit over time.
• Replace worn aged equipment that is either near the end of its useful life • Anticipating the replacement of additional equipment that has additional useful life but is likely to reach the end of its useful life within the period of the Agreement.
Given the age and condition of the current curbside processing system, improvements include a partial renovation of the dual stream processing line to enable the system to function more efficiently and to be prepared to operate with fewer operational break downs, and allow for a reduction in staff on the sorting line. The improvements include:
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EXHIBIT D
CAPITAL IMPROVEMENTS
SMaRT Station MOU D-2 July 2021
• Reconfiguring the bunkers and infeed system to improve functionality. • Adding equipment to improve material sizing and separation, automation, and overall functionality.
• Adding optical sorters and related equipment to reduce reliance on manual labor. • Replacing or refurbishing the byproduct management system to improve functionality.
Transfer Station
• Replace or add a new compactor to relieve the ongoing reliance of the original compactor installed in 1994.
• Repair and or upgrade sitework features such as pavement, concrete, drainage, etc. • Upgrade or repair features in the Transfer Station building such as worn tipping floor, dust suppression misting improvements, additional enclosures, etc. • Replace or upgrade worn features as identified in the Infrastructure Condition Assessment Program (ICAP) analysis which evaluated the condition of the Sunnyvale SMaRT Station buildings, site and infrastructure by preparing a prioritization of work requirements and developing short and long-term work plans using the ICAP application. A portion of the improvements are envisioned to be included in the initial refurbishment of the facility and the remainder are identified as deferred improvements that are likely to be required in later years of the Agreement.
Food Waste System
• The food system was upgraded during calendar year 2024 using a CalRecycle grant. No costs for this improvement are included in this Schedule\ since partners do not utilize this line of business.
Construction and Demolition System
• If deemed necessary by Sunnyvale, add a Construction and Demolition (C&D) sorting line to the facility. Please note that this system is only used by the City of Sunnyvale. Consequently, no costs for this improvement are included in this Schedule.
Organic Processing
• BAAD Organic material handling regulation are suspended (add enclosures and possibly a foul air treatment system)
Mixed Waste MRF and Curbside Recycling Equipment Cost
Refer to Exhibit D-1 $ 35,063,175
Building Repairs and Other Equipment Improvements Cost
New Compactor and Infeed Conveyor $ 2,550,000
Civil & Structure Building Improvements $ 1,000,000
Fire Protection Sprinkler Process System & Fire Rover system* $ 400,000 557
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EXHIBIT D
CAPITAL IMPROVEMENTS
SMaRT Station MOU D-3 July 2021
Fire Protection Sprinkler Building Level System $ 300,000 Asphalt Paving $ 500,000
Electrical service line $ 850,000
HVAC Pre-Sort Cabin + Refurbishing Pre-Sort Cabin $ 250,000 Residual Conveyor #601+ Retrofitting Other Conveyors (Qty: ~18 TBC) $ 1,000,000 Refurbishing 2 Existing Trommels $ 1,000,000
Subtotal $ 7,850,000
Other and Soft Costs Cost
Ethernet Connection to BHS MCC's $ 100,000
Safety Protection Equipment | Safety Signs $ 50,000
MRF Project Manager $ 360,000
Inspections and Permits $ 100,000
Other Consultants $ 450,000
Contingency $ 2,000,000
Actuals (2018-2025) $ 5,440,000
Subtotal $ 8,500,000
Total Capital Cost $ 51,413,004
Future Deferred Costs
Deferred ICAP Building Repairs - 20 years Cost
Remainder of Building Repairs deferred to future years $ 8,202,000 2021 Present Value of deferred improvements (3% discount rate, 20 year period, nearest $1,000)
$ 4,541,000
Amortized Cost of Deferred Building Repairs (assuming 3% interest, 20 year amortization period, nearest $1,000)
$ 306,000
Deferred Replacement of Equipment - 20 years Cost
Replacement of 44 pieces of mixed waste processing equipment with end of life likely within agreement term
$ 6,060,000
2021 Present Value of deferred equipment improvements (3% discount rate, 20 year period, nearest $1,000)
$ 3,355,000
Amortized Cost of Deferred Equipment Replacement (3% interest, 20 year amortization period, nearest $1,000)
$ 226,000
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EXHIBIT D
CAPITAL IMPROVEMENTS
SMaRT Station MOU D-4 July 2021
Schedule of Performance :
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EXHIBIT D
CAPITAL IMPROVEMENTS
SMaRT Station MOU D-5 July 2021
Project Milestone Schedule: Milestone Payment Payment Schedule 1 Notice to Proceed 20% 0 days
2 6 days
General Arrangement
Part 1) 30% Design Drawing Package 30% Layout of system envelope 30% Equipment list
30% Preliminary floor loading diagram depicting areas of highest expected loading 20% 45 days
Part 2) 60 % Design Drawing Package
60% Refined system layout with enhanced details of structure layouts and equipment details 60% Refined equipment list with confirmed equipment numbers 60% Pit layout drawing
75 days
Part 3) 90% Design Drawing Package
90% General Arrangement drawing package:
• □Elevation views and cross sections
• □Final equipment list (with identification labels)
• □Area for approval signature
90% Baseplate layout drawing with load reactions identified 90% Pit layout drawing with cross sections and edge details provided
100 days
Part 4) 100% Design Drawing Package
100% General Arrangement drawing package
• □Elevation views and cross sections
• □Equipment list (with identification labels)
• □Area for approval signature to authorize BHS to proceed with equipment design and construction
100% Baseplate layout drawing with load reactions identified 100% Pit layout drawing with cross sections and edge details provided
Part 4) 100% Design Drawing for construction| General
115 days
3 Part 1) Final BHS Structural drawing + load calculations ( for equipment) and Part 2) all technical information needed to complete civil and structural work that will be lead by the City (3 weeks after GA approval ) 136 days 4 Mechanical Design Complete 242 days
5 Electrical Design Complete 143 days
6 Place Equipment Order and Begin Fabrication.
20% 150 days
7 Equipment Shipping (first shipment) 10% 246 days
8 Last Shipment Received (last shipment) 306 days
9 Mechanical Installation Start and demolition and dismantling completion 10% 300 days 10 Electrical Installation Start 330 days
11 Training 440 days
12 Commissioning 10% 450 days
13 Passing Acceptance Test 10% 521 days
14 Final Acceptance report due 551 days
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EXHIBIT E
REPORTING BY MANAGING PARTNER
Description Frequency Date Due Partner Payment
Dates Notes
Budget (Operating, Capital) Annual March 15 NA
Mid-Year Budget Analysis Annual March 15 NA
Quarterly Billings to Cities -
Operating/Capital
Quarterly March 15, June
15, September
15, December
15 May 15, July 15,
November 15,
January 15
Debt Service Billings TBD - As
Required to
fulfill debt
obligations
TBD - As
Required to
fulfill debt
obligations
TBD - As Required
to fulfill debt
obligations
Capital Improvement Costs
Incurred (Not included in Debt
Financing)
As Needed As Needed Due within 90
days of billing
Operating Fund Reconciliation
(True-up)
Annual September 15 NA 3rd Party
Audited
Reconciliation/True-Up Billing Annual September 15 NA 3rd Party Audited
Monthly Tonnage Report Monthly 45 days after
month end
NA Include
Example
worksheet
Partner Updates Quarterly Date of
Quarterly
Meeting
NA
Summary Notes - Quarterly
Meetings
Quarterly Within 10 days
of Meeting
NA
Solid Waste Facilities Permit -
Inspections
Monthly Upon receipt
from LEA
NA
CalRecycle Data - Calendar year
for EAR
Annual May 15 NA CalRecycle
EAR Due
August for CY
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SMaRT Station MOU F-1 July 2021
EXHIBIT F
PARTNER PAYMENTS
Cost Subset Cost Component Fixed/Variable Origin Allocation Methodology Method of Adjustment Operator Compensation SMaRT Operator Payment Fixed Operator Agreement Direct to System per BCWS Proposal In accordance with Operating Agreement.
Spare Parts Reimbursement Fixed Direct Reimbursement to Operator Direct to System - Parts Replaced Actual Costs Salaries and Benefits Fixed Paid by Managing Partner Indirect Cost Allocation Actual Costs Other Contract Admin Fixed
Pass through to Operator
& Paid by Managing
Partner
Indirect Cost Allocation Actual Costs
Professional Services Fixed
Pass through to Operator
& Paid by Managing
Partner
Indirect Cost Allocation Actual Costs
Legal Services Fixed Paid by Managing Partner Indirect Cost Allocation Actual Costs Hazardous Waste Disposal Variable Direct Reimbursement to Operator
Indirect Cost Allocation Actual Costs
Office Rental by SV Fixed
Credit to Partners - Paid by
Sunnyvale Solid Waste
Program
Indirect Cost Allocation CPI
Debt Service Debt Service Fixed Paid by Managing Partner By System Impvs - Fixed Annual Debt Payments
Fixed over term - Per Debt Service
Schedule
Third-Party Tip Fees Third-Party Tip Fees Variable Paid by Managing Partner Direct to System - Tons delivered to 3rd Party Processors
In accordance with 3rd Party
agreements.
Landfill Disposal Fees Landfill Disposal Fees Variable Paid by Managing Partner Per Ton - After Diversion percentage
(initially shown on Costing Model Input
Tab)
In accordance with 3rd Party
agreements
Host Fees Host Fee Variable Paid by Managing Partner
to Sunnyvale General Fund Per Incoming Ton - By System $3.96/ton CPI Land Rent Land Rent Fixed Paid by Managing Partner
to Sunnyvale General Fund Based on Capacity $2.11/ton CPI Capital Replacement Fund Capital Replacement Fund Fixed Paid by Partners - Fund
maintained by Managing
Partner
By System - Percentage Allocation tons by
system
In accordance with Reserve Fund
terms
Curbside Revenues - Retained by Partners Variable Paid to Partners by Operator Composition Study Actual Revenues
MRF Revenues - Retained by Partners Variable Paid to Partners by Operator
MRF Tons Inbound Ratio Actual Revenues
Gate Fee Credit (total collected minus
amount retained by Operator) Variable Paid to Partners by Operator By inbound Public Haul Ratio Actual Revenues Managing Partner Costs
Revenues
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EXHIBIT F
PARTNER PAYMENTS
SMaRT Station MOU F-2 July 2021
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EXHIBIT G
SERVICES TO RESIDENTS
Drop-off for Residents and Businesses Drop-off for Partner Residents Only • Aluminum, tin and steel cans
• Used clothing and shoes
• Glass bottles and containers (no auto
or window glass, ceramics or mirrors)
• Milk and juice cartons
• Corrugated cardboard
• Plastic bottles and tubs (i.e., shampoo,
detergent, yogurt containers)
• Scrap metal (small items only)
• Paint in original containers (Monday through
Friday) per PaintCare program guidelines. Limit
15 gallons per visit
• Cooking oil
• Electronics: e.g., computers, TVs and monitors
(limit four), small appliances
• Microwave ovens
• Clothes and Shoes
• Strings of holiday lights
• Fluorescent bulbs and tubes (limit of 20 per visit)
• Empty one-pound propane cylinders (limit 3 per
visit)
• Household and auto batteries
• Mercury-containing thermostats, thermometers,
batteries and compact fluorescent lamp bulbs
• Sharps, needles or lancets, (in biohazard, or hard
plastic container with screw-top lid marked
"sharps")
• Used motor oil, oil filters and antifreeze (limit 10
gal per visit)
• Mattresses (no fee)
Beverage Container Buy-Back: California Redemption Value (CRV) is paid on eligible bottles and cans by count (up to 50) or by weight.
Public Haul Disposal: Trash, C&D debris, yard trimmings, etc. (with fee; or Partner City Voucher) Re-use Trailer: Furniture and other items in good condition rescued from the garbage and recycling areas of the SMaRT Station are placed in the re-use trailer for customers to take home at no charge.
Compost: Residents of Partner cities (Limit 96 gallons per week) Tours by appointment
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EXHIBIT H
RECYCLABLES
“Recyclables” means those materials excluded from MSW for purposes of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products and includes, but is not limited to:
• newspaper (including inserts, coupons, and store advertisements) • mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, telephone books, paper grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other dry food boxes • aseptic cartons and gable top containers
• corrugated cardboard
• glass containers of any color (including brown, clear, and green glass bottles and jars) • aluminum beverage containers, and other aluminum cans • steel, tin or bi-metal cans
• plastic bottles and small tubs (1-7), including HDPE and PET (except Polyvinyl chloride (PVC) and Polystyrene (PS) and expanded Polystyrene (EPS)
The recyclables list above may be modified as provided in Section 6.4 Changes in Material Streams and Tonnages.
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SMaRT Station MOU I-1 July 2021
EXHIBIT I
RESERVE GUIDELINES
SMaRT Station Enterprise Fund:
• Established to account for operations at the Facility • Sunnyvale Finance Department manages fund and financial reporting • Source of funds for:
o Payments to Facility Operator
o Payments to Landfill Disposal Operator
o Host Fee Payments to Managing Partner
o Salaries and benefits to Sunnyvale staff associated with the administration of MOU, Operator agreement and landfill agreement
o Other Facility and contract administration costs paid by Managing Partner o Payment to Partner cities of their shares of gate fee and recycling revenues • Receives quarterly payments from Partner cities based on projected net expenses • Receives revenues from public haul gate fees and sale of recyclable materials (including CRVrelated payments from CalRecycle) • Managed so that annual revenues and expenditures are in balance at end of FY, and no balance is carried forward to the next year
o Annual true-up (aka “Reconciliation”)
• Year-end Audit by 3rd party CPA, issues report and statement of Net Expenses and Quarterly Billings (on or before September 30th of each FY)
• True-up amount added to; or deducted from 2nd quarterly billing for subsequent fiscal year Equipment Replacement Fund:
• Established to normalize contributions for predictable capital equipment replacement, major repairs and facility maintenance that are not part of day-to-day maintenance by Operator or are not included in operator agreement (such as roof, pavement, tip floor) • Budget is established based on a schedule of planned replacements/restoration of equipment and facility on a 20-year schedule
• Sunnyvale Finance Department manages fund and financial reporting • Source of funds are annual contributions from SMaRT Partners based on an agreed upon percentage
• Funds are carried over at the end of the FY
• Unspent funds returned at end of MOU based on individual Partner contributions 566
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EXHIBIT I
RESERVE GUIDELINES
SMaRT Station MOU I-2 July 2021
• Includes Sub-Account for Capital Improvement Debt Payments and Reserves o One or more partners may fund some or all their share of Capital Improvement costs with a cash payment
o Retains interest earnings on fund balance
Debt Service on the Bonds. Sunnyvale & Mountain View are responsible for debt service on the bonds based on their proportionate shares of Capital Improvements. These shares will be determined based on the percentage of total material delivered to the Facility by each Partner at the time of bond issuance. Material generated by a Partner and not processed at the Facility will be excluded from the debt payment calculation.
Sunnyvale anticipates issuing revenue bonds, certificates of participation, or other evidences of indebtedness to pay for some or all of the capital improvement costs. If Sunnyvale does finance some or all of the capital costs, Mountain View will pay to Sunnyvale their share of the debt service based on the percentages set forth in the forgoing paragraph. Such payments will be made at the frequencies required by the evidence of indebtedness and at times required to permit Sunnyvale to make the periodic debt service payments when due. To the extent that some or all of the capital costs are not financed, but are paid by Sunnyvale from its fund, then Mountain View will reimburse Sunnyvale for their proportionate share of such costs advanced by Sunnyvale, as provided in the MOU. 567
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Sector/Input and Output Area
Sample Location
Sample Numbers
MATERIAL TYPE Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages Pounds Percentages PET, CRV 12.14 1.16% 6.8 0.62% 73.96 7.47% 48.74 4.71% 4.72 0.45% 0.28 0.04% 2.5 0.40% 6.38 0.75% 9.92 0.97% PET, non-CRV 15.08 1.44% 13.58 1.24% 78.81 7.96% 64.52 6.24% 6.87 0.65% 0.6 0.08% 6.78 1.08% 11.7 1.38% 31.88 3.10% HDPE Natural, CRV 0.1 0.01% 0.16 0.01% 0.36 0.04% 0.42 0.04% 0 0.00% 0 0.00% 0 0.00% 0.26 0.03% 0.06 0.01% HDPE Natural, non-CRV 6.54 0.62% 2.94 0.27% 17.54 1.77% 38.76 3.75% 0.48 0.05% 0.04 0.01% 1.62 0.26% 2.02 0.24% 5.92 0.58% HDPE Colored, CRV 0 0.00% 0 0.00% 0.12 0.01% 0.08 0.01% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% HDPE Colored, non-CRV 4.52 0.43% 3.22 0.29% 23.94 2.42% 33.26 3.21% 1.2 0.11% 0.12 0.02% 2.12 0.34% 3.86 0.46% 7.08 0.69% Polyvinyl Chloride (PVC), CRV 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% Polyvinyl Chloride (PVC), non-CRV 0 0.00% 0.08 0.01% 0.08 0.01% 0.08 0.01% 0.06 0.01% 0 0.00% 0 0.00% 0.1 0.01% 0.82 0.08% LDPE, CRV 0.48 0.05% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0.02 0.00% LDPE, non-CRV 0.44 0.04% 0.32 0.03% 2.24 0.23% 1.32 0.13% 0.32 0.03% 0.1 0.01% 0.22 0.03% 0.36 0.04% 1.18 0.11% Polypropylene (PP), CRV 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% Polypropylene (PP), non-CRV 14.56 1.39% 29.74 2.72% 87.43 8.83% 34.34 3.32% 10.13 0.96% 2.06 0.26% 10.3 1.63% 15.82 1.87% 32.67 3.18% Polystyrene (PS), CRV 0.12 0.01% 0.38 0.03% 0.34 0.03% 0.08 0.01% 0.02 0.00% 0.05 0.01% 0.06 0.01% 0.04 0.00% 0.12 0.01% Polystyrene (PS), non-CRV 9.22 0.88% 7.42 0.68% 9 0.91% 2.76 0.27% 3.18 0.30% 1.72 0.22% 2.62 0.42% 1.78 0.21% 4.72 0.46% Other Plastics (7), CRV 0 0.00% 0 0.00% 0 0.00% 0.6 0.06% 0 0.00% 0 0.00% 0.06 0.01% 0 0.00% 0 0.00% Other Plastics (7), non-CRV 5.12 0.49% 1.56 0.14% 6.78 0.68% 1.22 0.12% 1.32 0.13% 0.31 0.04% 0.44 0.07% 0.7 0.08% 3.28 0.32% Mixed Rigid Plastics (MRP) 15.92 1.52% 10.08 0.92% 37.42 3.78% 13.76 1.33% 3.46 0.33% 1.4 0.18% 11.68 1.85% 16.42 1.94% 40.94 3.99% Plastic Film 91.02 8.70% 96.54 8.82% 24.36 2.46% 22.18 2.14% 169.82 16.09% 31.14 3.93% 87.88 13.94% 153.02 18.08% 161.48 15.72% Aseptic and Gable-top Cartons 7.72 0.74% 4.94 0.45% 19.52 1.97% 13.36 1.29% 4.3 0.41% 0.38 0.05% 4.78 0.76% 3.62 0.43% 10.68 1.04% Office/White Paper 4.56 0.44% 1.22 0.11% 0.2 0.02% 1.94 0.19% 1.49 0.14% 0.01 0.00% 2.1 0.33% 2.8 0.33% 1.89 0.18% Mixed Paper/Newspaper/Junk Mail/Magazines 4.14 0.40% 4.3 0.39% 6.95 0.70% 8.36 0.81% 9.26 0.88% 0.23 0.03% 16.92 2.68% 9.98 1.18% 2.7 0.26% Chipboard 2.74 0.26% 3.5 0.32% 7.4 0.75% 11.28 1.09% 8.38 0.79% 0.22 0.03% 4 0.63% 10.12 1.20% 7.28 0.71% Brown Paper Bags (Kraft) 0.4 0.04% 1.02 0.09% 0.18 0.02% 2.1 0.20% 2.94 0.28% 0.08 0.01% 3.28 0.52% 1.84 0.22% 3.32 0.32% Colored Paper 0 0.00% 0.03 0.00% 0.18 0.02% 0.04 0.00% 0.24 0.02% 0 0.00% 0 0.00% 0.04 0.00% 0.04 0.00% OCC 4.3 0.41% 2.6 0.24% 5.5 0.56% 30.22 2.92% 6.22 0.59% 0 0.00% 13.4 2.12% 34.92 4.13% 5.14 0.50% Waxed OCC 2.16 0.21% 1.38 0.13% 0 0.00% 0 0.00% 0.22 0.02% 0.02 0.00% 2.2 0.35% 3.32 0.39% 1.4 0.14% Ferrous Metal, CRV 0.16 0.02% 0 0.00% 0.46 0.05% 4.74 0.46% 0.06 0.01% 0 0.00% 0 0.00% 0 0.00% 0.06 0.01% Ferrous Metal, non-CRV 39.3 3.75% 15.06 1.38% 102.26 10.33% 48.5 4.69% 1.18 0.11% 2.2 0.28% 7.68 1.22% 17.66 2.09% 17.42 1.70% Non-Ferrous Metal, CRV 8.72 0.83% 3.34 0.31% 3.64 0.37% 15.34 1.48% 1.12 0.11% 0.34 0.04% 1.5 0.24% 1.74 0.21% 2.02 0.20% Non-Ferrous Metal, non-CRV 7.14 0.68% 3.56 0.33% 16.24 1.64% 7.06 0.68% 4.62 0.44% 2.62 0.33% 3.86 0.61% 2.28 0.27% 5.24 0.51% Glass Bottles and Containers 41.14 3.93% 13.68 1.25% 0.84 0.08% 393.38 38.02% 1.82 0.17% 1.18 0.15% 0 0.00% 2.1 0.25% 1.14 0.11% Non-Recyclable Glass/Ceramics 5.12 0.49% 3 0.27% 7.08 0.72% 2.1 0.20% 0.36 0.03% 0 0.00% 1.33 0.21% 0.18 0.02% 2 0.19% Compostable Paper - 3D 13.52 1.29% 5.38 0.49% 23.14 2.34% 1 0.10% 17.54 1.66% 4.78 0.60% 6.28 1.00% 10.78 1.27% 13.98 1.36% Compostable Paper - 2D 223.06 21.31% 164.62 15.04% 24.54 2.48% 41.24 3.99% 368.46 34.92% 503.81 63.51% 204.34 32.40% 237 28.00% 286.14 27.85% Food Scraps 141.86 13.55% 224.41 20.50% 109.72 11.08% 4.86 0.47% 66.46 6.30% 26.62 3.36% 35.02 5.55% 40.52 4.79% 42.74 4.16% Yard Trimmings Greater Than 2" 2.96 0.28% 16.22 1.48% 6.98 0.70% 0 0.00% 12.68 1.20% 16.02 2.02% 23.22 3.68% 7.68 0.91% 8.32 0.81% Clean Wood 0.26 0.02% 0.06 0.01% 33.56 3.39% 0 0.00% 3.98 0.38% 0.08 0.01% 4.86 0.77% 0.6 0.07% 3.36 0.33% Other Wood - Treated 7.96 0.76% 9.62 0.88% 24.28 2.45% 0 0.00% 1.4 0.13% 0.2 0.03% 11.62 1.84% 5.74 0.68% 10.62 1.03% Textiles & Carpet 28.34 2.71% 27.96 2.55% 25.96 2.62% 4.02 0.39% 49.14 4.66% 18.14 2.29% 46.3 7.34% 64.3 7.60% 62.36 6.07% Concrete, Asphalt, Brick, Rock 10.7 1.02% 20.88 1.91% 27.58 2.79% 0 0.00% 0.56 0.05% 0 0.00% 0.7 0.11% 0 0.00% 3.28 0.32% Other - Organic 5.46 0.52% 0.86 0.08% 0.68 0.07% 0.32 0.03% 0.76 0.07% 1.12 0.14% 0.14 0.02% 0.64 0.08% 2.68 0.26% HHW, Medical Waste, Batteries, and Universal
Waste 42.24 4.04% 51.94 4.75% 6.28 0.63% 0.46 0.04% 163.84 15.53% 27.42 3.46% 14.28 2.26% 46.2 5.46% 47.54 4.63% Electronic Waste 6.52 0.62% 14.22 1.30% 19.08 1.93% 1.68 0.16% 0.92 0.09% 0.68 0.09% 1.64 0.26% 6.8 0.80% 8.12 0.79% Other - Not Organic 171.52 16.39% 146.76 13.41% 126.14 12.74% 28.88 2.79% 112.96 10.70% 113.16 14.26% 76.64 12.15% 94.94 11.22% 146.92 14.30% Misc. Fines Less Than 2" 89.43 8.54% 181.04 16.54% 29.36 2.97% 151.69 14.66% 12.8 1.21% 36.18 4.56% 18.24 2.89% 28.06 3.32% 30.86 3.00% TOTAL POUNDS SORTED 1046.69 100.00% 1094.42 100.00% 990.13 100.00% 1034.69 100.00% 1055.29 100.00% 793.31 100.00% 630.61 100.00% 846.32 100.00% 1027.34 100.00% TOTAL 8518.8
C-104
Commercial MSW (Commercial
Infeed)
Residential MSW (Residential
Infeed) MSW Containers Curbside Recycling Container Infeed MSW - greater than 5" two dimensional material MSW - less than 5" two dimensional
material
C-200 C-711 M-3 C-712 CP-2
APPENDIX 1 - SMaRT Waste Composition Study Data
9, 18, 27, 36, 45
C-204 C-602e
2, 11, 19, 28, 37 1, 10, 20, 29, 38 3, 12, 21, 30, 39 4, 13, 22, 31, 40 5, 14, 23, 32, 41 6, 15, 24, 33 7, 16, 26 8, 17, 25, 44 MSW - greater than 9" material or
unopened bags
MSW - greater than 9" material or
unopened bags MSW Residue
C-100
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Site Stream Date Region
Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/4/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area Sunnyvale MRF & Transfer Station (SMaRT Station) Mixed Waste Processing 4/5/2019 Bay Area APP
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Processing
Line Generator MSW Sample ID Ejection ID #
Sample
Count Notes
Sample
Weight
N/A N/A 040419‐CSV‐MW‐01 2 1 125.10
N/A N/A 040419‐CSV‐MW‐02 2 2 134.45
N/A N/A 040419‐CSV‐MW‐03 2 3 130.20
N/A N/A 040419‐CSV‐MW‐04 2 4 135.73
N/A N/A 040419‐CSV‐MW‐05 2 5 148.60
N/A N/A 040419‐CSV‐MW‐06 2 6 141.56
N/A N/A 040419‐CSV‐MW‐07 2 7 129.09
N/A N/A 040419‐CSV‐MW‐08 2 8 140.94
N/A N/A 040419‐CSV‐MW‐09 2 9 140.12
N/A N/A 040419‐CSV‐MW‐10 2 10 131.90
N/A N/A 040519‐CSV‐MW‐01 2 11 135.89
N/A N/A 040519‐CSV‐MW‐02 2 12 143.17
N/A N/A 040519‐CSV‐MW‐03 2 13 130.72
N/A N/A 040519‐CSV‐MW‐04 2 14 137.73
N/A N/A 040519‐CSV‐MW‐05 2 15 135.03
N/A N/A 040519‐CSV‐MW‐06 2 16 134.30
N/A N/A 040519‐CSV‐MW‐07 2 17 133.53
N/A N/A 040519‐CSV‐MW‐08 2 18 139.09
N/A N/A 040519‐CSV‐MW‐09 1 19 Pre‐sort tip flo 75.34
2,522.49
PENDIX 1 ‐ SMaRT Waste Composition Study Data
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Uncoated
Corrugated
Cardboard
Paper
Grocery
Bags
Other Paper
Bags/Kraft
Paper
Newspapers/News
paper Inserts
White Office‐type
Paper and Mail
Magazines
and Catalogs
0.30 0.00 0.00 1.15 2.45 0.50
1.02 0.96 0.00 0.69 2.95 1.53
10.82 0.00 0.90 2.49 2.15 0.75
2.56 0.00 1.02 0.27 0.51 0.43
3.94 0.36 0.60 0.59 0.53 0.81
0.86 0.00 0.32 0.00 0.19 1.07
3.52 0.00 0.44 0.00 0.17 1.15
1.88 0.00 1.48 0.17 0.59 0.67
2.98 0.98 0.80 0.29 0.85 1.15
5.34 1.06 0.36 0.47 0.59 1.29
3.14 0.48 1.48 1.41 0.91 3.43
3.94 1.06 0.46 0.65 0.55 0.00
13.24 0.58 0.16 0.35 0.85 0.57
9.56 0.70 0.94 0.91 0.59 0.00
3.72 0.50 0.18 0.27 0.81 1.93
10.64 0.66 0.12 1.23 0.89 0.25
17.04 2.20 0.56 1.61 3.83 0.37
36.60 0.36 0.50 2.29 2.23 0.25
2.60 0.00 0.00 0.47 0.25 0.00
133.70 9.90 10.32 15.31 21.89 16.15
5% 0% 0% 1% 1% 1%
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Paper Paper Paper Paper Paper Paper
Folding Cartons and Other
Paperboard Packaging
Other
Recyclable
Paper
Miscellaneous
Paper Packaging Aseptic Containers
Gable‐top
Cartons
Compostabl
e Paper ‐
Packaging
0.55 1.90 1.90 0.15 0.40 0.35
1.17 1.38 3.59 0.08 0.32 0.40
0.25 4.30 2.17 0.10 0.70 2.14
2.67 0.32 3.93 0.30 0.24 1.94
0.37 2.98 3.83 0.10 0.40 2.98
0.77 1.26 2.84 0.06 0.46 3.30
1.37 1.40 1.69 0.16 0.20 11.66
1.05 1.22 2.13 0.34 0.32 2.40
2.15 0.70 2.19 0.30 0.18 2.60
1.77 2.60 3.27 0.22 0.60 1.72
1.65 4.06 0.85 0.72 0.66 24.38
2.33 5.64 2.15 0.04 0.58 6.82
3.19 2.42 2.45 1.10 0.74 4.18
0.73 1.20 2.57 0.56 0.32 13.52
0.63 1.88 1.67 0.28 0.56 8.56
1.11 2.80 1.57 0.16 0.32 5.94
2.11 8.60 0.61 0.00 0.56 3.90
1.21 6.22 0.79 0.10 0.46 3.86
0.19 0.54 1.19 0.00 0.24 8.72
25.27 51.42 41.39 4.77 8.26 109.37
1% 2% 2% 0% 0% 4%
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Paper Paper Paper Paper Paper Paper
Compostable Paper ‐
Non‐packaging
Remainder/Composite
Paper
Clear Glass
Bottles and
Containers ‐
CRV
Clear Glass
Bottles and
Containers ‐
Non‐CRV
Green Glass
Bottles and
Containers ‐
CRV
Green Glass
Bottles and
Containers ‐
Non‐CRV
29.35 0.30 0.30 0.20 0.00 0.25
30.87 0.10 1.33 0.44 0.00 0.00
24.59 0.41 0.00 0.84 0.00 0.00
32.07 0.13 0.19 0.00 0.00 0.00
27.37 0.33 0.27 0.00 0.00 0.00
24.61 0.11 0.13 0.00 0.00 0.00
19.17 0.29 0.35 0.00 0.00 0.00
15.61 2.37 1.55 0.00 0.00 0.00
20.23 1.79 0.00 0.40 0.00 0.00
29.85 1.53 0.00 0.05 0.00 0.00
3.15 2.11 0.00 0.00 0.06 0.00
24.73 2.03 0.37 0.00 0.00 0.00
19.29 0.47 2.55 0.76 0.00 0.00
21.45 0.73 1.31 0.00 0.00 0.00
27.05 0.59 0.63 0.28 0.00 0.00
25.31 3.05 0.00 0.00 0.00 0.00
27.09 2.47 0.31 0.00 0.00 0.08
27.71 2.67 0.21 0.00 0.00 0.00
1.13 0.17 0.00 0.00 0.00 0.00
430.63 21.65 9.50 2.97 0.06 0.33
17% 1% 0% 0% 0% 0%
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Paper Paper Glass Glass Glass Glass Glass Glass
Brown Glass
Bottles and
Containers ‐
CRV
Brown Glass
Bottles and
Containers ‐
Non‐CRV
Other
Colored
Glass Bottles
and
Remainder/C
omposite
Glass
Tin/Steel
Cans
Major
Appliances
(encased in
metal)
Other
Ferrous
Aluminum
Cans ‐ CRV
0.25 0.00 0.00 0.10 0.30 0.00 1.65 0.10
0.57 0.00 0.00 0.00 0.45 0.00 0.57 0.43
0.00 0.00 0.00 0.00 0.16 0.00 0.37 0.27
0.51 0.00 0.00 0.00 0.43 0.00 0.89 0.51
0.00 0.00 0.00 0.00 0.77 0.00 2.17 0.33
0.00 0.00 0.00 0.00 0.83 0.00 0.61 0.02
0.00 0.00 0.00 0.00 0.23 0.00 0.31 0.00
0.00 0.00 0.00 0.00 0.17 0.00 0.00 0.23
0.00 0.41 0.00 0.00 0.35 0.00 20.90 0.29
0.00 0.00 0.00 0.19 0.35 0.00 0.57 0.29
0.00 0.00 0.00 0.45 0.00 0.00 0.23 0.25
0.00 0.00 0.00 0.31 0.35 0.00 0.65 0.55
0.00 0.00 0.00 0.00 0.15 0.00 3.69 0.43
0.43 0.00 0.00 0.00 0.83 0.90 0.43 0.99
0.00 0.00 0.00 0.00 0.35 0.00 0.89 0.25
0.00 0.00 0.00 0.00 0.33 1.04 0.43 0.33
0.00 0.00 0.00 0.53 0.31 0.00 0.23 0.35
0.00 0.00 0.00 0.00 0.39 0.00 0.00 0.39
0.00 0.00 0.00 0.00 0.00 0.00 0.90 0.14
1.76 0.41 0.00 1.58 6.75 1.94 35.49 6.15
0% 0% 0% 0% 0% 0% 1% 0%
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Glass Glass Metal Metal Metal Metal Metal Metal
Aluminum
Cans ‐ Non‐
CRV
Other Non‐
Ferrous
Remainder/C
omposite
Metal
PETE
Beverage
Containers ‐
CRV
PETE Bottles
and Jars ‐
Non‐CRV
PETE
Containers,
Lids, and
other
HDPE
Beverage
Containers ‐
CRV
HDPE Bottles
and Jars ‐
Non‐CRV
0.10 1.20 0.75 0.75 0.10 0.30 0.00 0.90
0.18 1.04 0.33 0.72 0.20 0.47 0.00 0.48
0.00 0.06 0.00 0.40 0.00 0.95 0.00 0.44
0.26 5.48 0.00 1.34 0.00 1.51 0.00 1.02
0.00 4.22 0.00 1.08 0.22 0.41 0.00 1.02
0.01 5.88 0.25 0.78 0.84 0.00 0.00 0.98
0.16 0.94 0.35 0.78 0.62 0.59 0.00 0.98
0.30 2.52 0.87 0.50 0.50 0.51 0.00 0.42
0.00 2.40 0.00 0.66 0.60 1.27 0.00 0.70
0.28 1.36 2.25 0.64 0.52 1.27 0.13 1.04
0.00 1.62 0.41 1.52 0.00 1.11 0.00 0.66
0.00 0.94 0.00 1.86 0.82 0.85 0.00 1.30
0.20 0.22 2.19 1.86 0.00 1.19 0.00 0.50
0.02 4.42 0.00 1.10 0.42 1.53 0.00 0.20
0.00 0.24 0.00 1.30 0.44 1.23 0.00 0.68
0.00 0.30 0.85 0.76 1.08 0.71 0.00 0.80
0.00 0.80 0.00 1.54 0.46 0.93 0.00 2.14
0.00 1.02 0.00 0.98 1.02 0.79 0.00 0.54
0.02 0.42 0.00 0.30 0.00 0.10 0.34 0.00
1.53 35.08 8.25 18.87 7.84 15.72 0.47 14.80
0% 1% 0% 1% 0% 1% 0% 1%
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Metal Plastic Plastic Plastic Plastic Plastic Plastic Plastic HDPE
Containers,
Lids, and
other
Polypropylen
e Containers
and
Packaging
Other Plastic
Containers
and
Packaging
Expanded
Polystyrene
Packaging
Plastic Trash
Bags
Plastic
Grocery and
Other
Merchandise
Non Bag
Commercial
and
Industrial
Film
Products
0.00 0.25 2.80 0.45 2.90 0.05 1.60 0.00
0.00 1.78 1.46 0.25 0.46 0.60 0.00 0.00
0.00 0.60 1.58 0.25 2.70 0.18 1.14 0.00
0.00 1.48 1.00 0.51 5.70 0.26 0.66 0.20
0.00 2.40 2.26 0.57 1.58 0.20 0.00 0.00
0.00 1.14 1.84 0.67 1.64 0.24 0.00 0.00
0.00 0.58 1.10 0.35 0.70 0.62 0.00 0.00
0.11 0.60 1.59 0.35 2.14 0.18 0.00 0.00
0.00 2.28 0.68 0.67 2.34 0.40 0.00 0.36
0.13 1.34 1.30 0.65 3.44 0.44 0.00 0.00
0.13 1.88 3.30 0.73 2.86 0.28 0.00 0.00
0.00 2.46 2.54 0.47 4.36 0.50 0.00 0.00
0.27 2.98 3.58 0.79 3.10 0.32 0.68 0.00
0.00 2.52 0.90 0.81 9.38 0.20 0.00 2.40
0.00 3.08 2.02 1.03 3.86 0.18 0.00 0.00
0.00 1.90 2.82 0.81 2.70 1.14 0.00 0.44
0.00 2.68 2.62 0.71 4.04 0.40 0.70 0.00
0.00 1.30 4.16 0.99 1.56 0.56 0.00 0.00
0.78 0.59 0.96 1.00 0.00 0.18 0.00 0.00
1.42 31.84 38.51 12.06 55.46 6.93 4.78 3.40
0% 1% 2% 0% 2% 0% 0% 0%
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Plastic Plastic Plastic Plastic Plastic Plastic Plastic Plastic Flexible
Plastic
Pouches Other Film
Durable
Plastic Items
Remainder/C
omposite
Plastic
Large
Equipment
(not
including
Consumer
Electronics
and Small
Equipment
Covered
Video
Display
Devices
Food
Potentially
Donatable ‐
Vegetative
0.02 7.85 0.95 2.40 0.00 0.00 0.00 0.08
0.15 17.49 0.00 6.65 0.00 0.00 0.00 0.25
0.00 25.43 1.41 3.20 0.00 0.37 0.00 0.00
0.17 9.93 3.07 4.88 0.00 0.00 0.00 0.11
0.13 13.35 0.00 0.80 0.00 1.41 0.00 0.00
0.21 14.07 3.49 1.10 0.00 0.00 0.00 0.59
0.13 16.09 3.49 0.98 0.00 10.57 0.00 0.37
0.00 13.39 0.85 0.82 0.00 0.00 0.00 3.79
0.13 12.21 0.65 2.14 0.00 0.85 2.18 0.81
0.00 14.15 2.71 3.60 0.00 0.00 0.00 0.19
0.00 17.95 5.55 0.40 0.00 0.04 0.00 0.67
0.00 15.19 2.75 1.88 0.00 0.00 0.00 0.00
0.15 19.15 1.93 1.02 0.00 1.07 0.00 1.43
0.00 11.81 2.27 2.36 0.00 0.00 0.00 0.79
0.00 16.03 1.05 0.20 0.00 0.16 0.00 0.05
0.17 15.79 1.27 1.50 0.00 1.77 0.00 0.00
0.27 15.83 3.33 0.42 0.00 0.00 0.00 0.00
0.13 12.21 7.35 1.08 0.00 0.67 0.00 0.00
0.00 4.81 12.92 0.46 0.00 0.00 0.00 0.00
1.66 272.73 55.04 35.89 0.00 16.91 2.18 9.13
0% 11% 2% 1% 0% 1% 0% 0%
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Plastic Plastic Electronics Electronics Electronics Organics Organics Organics Food Potentially
Donatable ‐
Eggs, Dairy,
Food
Potentially
Donatable ‐
Animal Meat
Food
Potentially
Donatable ‐
Cooked/Bak
Food
Potentially
Donatable ‐
Packaged
Food ‐ Not
Donatable –
Meat
Food ‐ Not
Donatable –
Non‐meat
Food ‐
Inedible
Leaves and
Grass
0.00 0.00 0.00 1.15 0.80 2.55 5.45 0.00
0.00 0.00 1.54 1.60 0.61 5.29 4.69 1.25
1.02 0.00 0.00 0.00 0.00 3.97 1.57 0.00
0.00 0.00 0.02 0.18 0.45 1.77 2.21 0.00
0.76 0.00 1.02 0.08 0.00 1.45 4.67 0.97
0.00 0.00 0.00 0.12 0.75 3.89 2.43 0.00
0.00 0.00 0.00 0.30 0.00 3.11 0.55 1.37
0.00 0.78 0.00 3.26 0.00 9.29 1.35 3.45
1.08 0.00 0.00 0.04 1.97 7.17 2.09 0.97
0.00 0.00 0.02 0.36 1.03 11.29 1.17 0.15
1.94 0.54 0.00 0.48 0.00 6.23 0.47 0.21
0.00 0.00 0.00 0.00 0.47 5.55 0.33 0.29
0.00 0.00 0.00 0.00 0.00 1.51 0.00 0.00
0.00 0.00 2.36 0.00 0.00 6.83 0.25 0.00
0.00 0.00 0.16 0.00 0.00 6.73 0.87 0.15
0.00 0.00 0.00 0.35 0.31 5.43 1.75 0.09
0.06 0.00 0.00 0.56 0.05 1.69 0.21 0.00
0.00 0.00 0.00 0.12 0.00 2.69 0.00 0.25
0.00 0.00 0.00 0.00 0.31 3.01 0.17 0.00
4.86 1.32 5.12 8.60 6.75 89.45 30.23 9.15
0% 0% 0% 0% 0% 4% 1% 0%
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Organics Organics Organics Organics Organics Organics Organics Organics Prunings and
Trimmings
Branches
and Stumps Manures
Wood Waste
‐ Clean
Dimensional
Lumber
Wood Waste
‐ Clean
Engineered
Wood Waste
‐ Clean
Pallets &
Crates
Other
Recyclable
Wood
Remainder/C
omposite
Organic ‐
Compostable
0.50 0.05 0.00 0.00 0.10 0.60 0.00 0.25
0.20 0.00 0.00 0.00 0.20 0.00 0.00 0.20
0.37 0.00 0.00 0.00 0.10 0.00 0.00 0.58
0.31 0.57 0.00 0.00 0.00 0.00 0.00 0.16
0.00 1.35 0.00 3.06 0.77 0.00 0.21 0.30
0.19 2.83 0.00 0.00 0.27 0.00 0.00 0.30
0.00 2.85 0.00 0.00 0.00 0.00 1.97 0.36
0.23 0.15 0.00 1.84 1.15 0.00 0.00 0.12
0.91 0.00 0.00 0.00 0.85 0.00 0.59 0.00
0.23 0.25 0.00 3.04 0.21 0.00 0.00 0.10
1.05 0.41 0.00 0.00 0.00 0.00 0.00 0.18
0.00 2.21 0.00 0.00 1.09 0.00 0.75 0.00
0.29 3.07 0.00 0.00 1.17 0.00 0.95 0.00
0.25 0.93 0.00 0.00 0.00 0.00 0.00 0.14
0.11 0.65 0.00 0.00 0.01 0.00 0.00 0.50
0.07 0.47 0.00 0.00 0.41 1.15 1.41 0.14
0.19 0.00 0.00 0.00 0.00 0.00 0.47 0.10
0.39 0.21 0.00 0.00 1.49 0.58 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.04
5.29 16.00 0.00 7.94 7.82 2.33 6.35 3.47
0% 1% 0% 0% 0% 0% 0% 0%
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Organics Organics Organics Organics Organics Organics Inerts and OthInerts and Oth Concrete
Asphalt
Paving
Asphalt
Roofing
Gypsum
Board Carpet
Rock, Soil
and Fines
Remainder/C
omposite
Inerts and
Other Paint
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 1.55 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.88 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.54 0.00
0.00 0.00 0.00 0.06 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 1.28 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.54 0.00 2.44 0.00
0.00 0.00 0.00 0.04 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.96 0.00
0.00 0.00 0.00 0.00 0.00 0.00 5.54 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.86 0.12
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.43 14.45 0.00 2.42 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.10 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.53 16.27 0.00 15.29 0.12
0% 0% 0% 0% 1% 0% 1% 0%
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Inerts and OthInerts and OthInerts and OthInerts and OthInerts and OthHHW HHW HHW Used Oil
Lead‐Acid
(Automotive
) Batteries
Other
Batteries
One‐Pound
Propane Gas
Cylinders
Pharmaceuti
cals
Remainder/C
omposite
Household
Hazardous Tires Bulky Items
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.43 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.07 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.78
0.00 0.00 0.00 0.00 0.00 0.02 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.03 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.38
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.06 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.26
0.00 0.00 0.06 0.00 0.00 0.55 0.00 21.42
0% 0% 0% 0% 0% 0% 0% 1%
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HHW HHW HHW HHW Special WasteSpecial WasteSpecial WasteSpecial Waste Mattresses
and
Foundations
Remainder/C
omposite
Special
Waste
Textiles –
Organic
Textiles
Synthetic,
Mixed,
Unknown
Textiles ‐
Shoes,
Purses Belts Solar Panels
Remainder/C
omposite
Organic ‐
Non‐
Mixed
Residue
0.00 0.00 5.35 2.95 0.00 0.00 0.45 0.65
0.00 0.00 0.39 1.88 0.51 0.00 0.00 1.12
0.00 0.00 2.37 1.00 0.91 0.00 1.47 0.40
0.00 0.00 1.77 2.70 0.00 0.00 0.00 0.84
0.00 0.00 1.33 0.26 0.00 0.00 0.00 0.38
0.00 0.00 5.45 1.58 1.17 0.00 0.00 1.70
0.00 0.00 0.43 2.46 1.07 0.00 0.29 2.88
0.00 0.00 8.47 2.06 2.97 0.00 24.51 0.34
0.00 0.00 4.05 0.38 1.13 0.00 0.25 2.44
0.00 0.00 4.43 1.64 0.81 0.00 0.00 1.10
0.00 0.00 0.83 3.80 0.95 0.00 1.09 3.04
0.00 0.00 2.77 3.48 4.91 0.00 0.00 0.00
0.00 0.00 0.51 1.88 1.45 0.00 0.00 1.22
0.00 0.00 4.07 0.60 0.43 0.00 0.00 4.54
0.00 0.00 0.87 0.72 0.23 0.00 0.00 0.62
0.00 0.00 2.41 4.10 0.97 0.00 0.00 0.72
0.00 0.00 1.57 1.34 0.00 0.00 1.49 0.22
0.00 0.00 0.21 1.62 1.05 0.00 0.00 0.00
10.40 0.00 0.66 0.00 0.00 0.24 0.22 0.00
10.40 0.00 47.94 34.45 18.56 0.24 29.77 22.21
0% 0% 2% 1% 1% 0% 1% 1%
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Other MateriaOther MateriaOther MateriaOther MateriaOther Materia MRF residual
fines
Miscellaneou
s Inorganics
Wood ‐
Treated/Pain
ted/Stained
Diapers &
Sanitary
Products
28.45 1.95 0.70 7.25
30.68 0.95 0.00 0.00
18.92 0.59 1.17 3.57
19.18 0.67 8.87 4.87
40.56 1.03 5.15 6.31
37.28 0.83 4.11 7.43
22.14 0.59 3.99 1.91
5.44 0.87 2.77 7.29
10.64 0.67 1.49 12.49
8.04 0.61 0.47 8.43
12.16 0.91 0.00 7.53
12.22 2.81 2.33 6.47
10.42 0.67 0.47 7.31
11.80 1.25 0.41 4.07
13.26 0.89 0.49 8.83
13.40 1.41 0.23 8.49
6.34 1.89 0.37 7.35
6.80 1.03 0.00 1.95
9.63 0.12 0.50 0.36
317.36 19.74 33.52 111.91 2,522.49
13% 1% 1% 4%
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Exhibit E: Project Pricing
Base System
Equipment USD $14,550,168
Structure USD $2,220,312
Controls USD $1,850,712
Project Management and Start-Up USD $1,732,264
Mechanical/Electrical Installation USD $5,549,574
Estimated Shipping and Handling USD $671,051
Subtotal Sale Price USD $26,574,081
Taxes 9.125% (Equipment, Structure, Controls) USD $1,699,184 Total USD $28,273,265
*Required Electrical Switchgear Work
Switchgear USD $322,593
Total Sale Price USD $322,593
Taxes 9.125% (Equipment, Structure, Controls) USD $29,437 Total USD $352,030
*Mandatory switchgear for electrical requirements
Option 01: Dual Ram Baler Infeed Conveyors
Equipment USD $346,526
Controls USD $36,850
Project Management and Start-Up USD $77,781
Mechanical/Electrical Installation USD $126,440
Estimated Shipping and Handling USD $9,602
Subtotal Sale Price USD $597,199
Taxes 9.125% (Equipment, Structure, Controls) USD $34,983 Total USD $632,182
Option 03: Glass Loadout
Equipment USD $160,375
Structure USD $68,860
Controls USD $31,878
Project Management and Start-Up USD $31,236
Mechanical/Electrical Installation USD $99,643
Estimated Shipping and Handling USD $14,403
Subtotal Sale Price USD $406,395
Taxes 9.125% (Equipment, Structure, Controls) USD $23,827 Total USD $430,220
E[hibit D-1