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HomeMy WebLinkAbout03- Onyx Environmental Services LLC; Fairgrounds Collection - Household Hazardous Waste Agreement Onyx Environmental Services, LLC Household Hazardous Waste Agreement HOUSEHOLD HAZARDOUS WASTE AGREEMENT This agreement is made as of April 9, 2003, between Onyx Environmental Services, LLC, ("Contractor") with a place of business at 121000 Browns Gulch Road, Butte, MT 59701 and the City of Bozeman, ("City") with a place of business at 20 E. Olive, Bozeman, MT 59771. City intends to conduct a household hazardous waste (HHW) collection day on May 30 & 31, 2003, at the Fairgrounds located in Bozeman (hereinafter called the Project) and has selected Contractor to provide household collection and waste management services necessary to plan and conduct the Project. City and Contractor in consideration of their mutual covenants herein agree in respect of the performance of professional services by Contractor and the payment for those services by City as set forth below. SECTION 1 CONTRACTOR'S RESPONSIBILITIES 1.1 Contractor shall perform for City household collection and waste management services in all phases of the Project to which this agreement applies as hereinafter provided. These services will include serving as City's professional representative for the Project, providing professional waste management services, advice, and furnishing customary services incidental thereto. 1.2 The Contractor shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the Contractor's portions of the Project and to prepare and deliver to the City all data, documents, and reports as designated herein. 1.3 The Contractor shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 1.4 The Contractor's work shall be in accordance with the standards of sound waste management practices currently in use. 1.5 The Contractor shall name a Principal-in-Charge for the duration of the project. The Principal-in-Charge shall be Jodie Mason. 1.6 The Contractor shall name a Project Manager who shall be the liaison between the Contractor and City. The Project Manager shall be Jodie Mason, domiciled from the Butte, MT office of Contractor. Page I Onyx Environmental Services, LLC Household Hazardous Waste Agreement SECTION 2 CITY'S RESPONSIBILITIES 2.1 The City shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the City's portion of the Project as designated herein. 2.2 The City shall name a Task Director who shall be the liaison between the Contractor and the City during all phases of the Project. The Task Director designated shall be Karen Finke, for the City of Bozeman, MT. 2.3 The City shall have the right of review and examination of the Contractor's work at all times. 2.4 The City shall examine and respond to Contractor's submissions; and giver prompt written notice to Contractor whenever City observes or otherwise becomes aware of any defect in the work. 2.5 The City shall furnish the facilities of the Fairgrounds for the Project. 2.6 The City shall be responsible for all advertisement for the Project. SECTION 3 SCOPE OF CONSULTING SERVICES 3.1 Contractor shall provide Professional Services according to the "Proposal for Household Hazardous Waste Collection, City of Bozeman, MT", which is attached hereto and made a part hereof as Exhibits A and B. SECTION 4 ADDITIONAL SERVICES 4.1 If City wishes Contractor to perform any Additional Services, City shall so instruct Contractor in writing, and upon Contractor's written acceptance of said instructions, Contractor shall perform or obtain from others such services and will be paid therefor as provided in the Agreement. 4.2 If Contractor is required to provide Additional Services to complete the Project, the Contractor shall submit to City a change order detailing the reason for the change, the scope of the change, and the cost of the change. Contractor shall not provide Additional Services without written authorization from the City. SECTION 5 MEANING OF TERMS 5.1 AGREEMENT As used herein the term, "this Agreement" refers to the contents of this document and Exhibits A and B, attached hereto and referred to as if they were part of one and the same document. Page 2 Onyx Environmental Services, LLC Household Hazardous Waste Agreement 5.2 PROFESSIONAL COSTS The Professional Costs of the entire Project (hereinafter referred to as "Professional Cost") means the total cost to the City of those portions of the entire project conducted by Contractor, but it will not include Contractor's compensation for or damages to, properties unless specified in this Agreement, nor will it include City's legal, accounting, insurance counseling, or auditing services, or interest and fmancing charges incurred in connection with the Project or the cost of other services to be provided by others to City pursuant to Section 4. Contractor costs shall be billed at the unit rates as specified in Section 4.0 of the Technical Proposal, attached hereto and made a part hereof. SECTION 6 PAYMENTS TO THE CONTRACTOR 6.1 LABOR COSTS Labor Costs shall be billed at the billable unit rates as specified in Exhibit A, Proposed Costs for Contractor's personnel engaged directly in the Project. 6.2 TRAVEL AND MILEAGE COSTS Travel and Mileage Costs shall be included in the mobilization/demobilization cost as specified in Exhibit A. Travel shall be billed at the rate of .60 times the billable labor rate as specified in Exhibit A. 6.3 MATERIALS AND SUPPLIES COST Materials and Supplies Costs shall be billed at the unit rates as specified in Exhibit A. Any additional materials and supplied not contained in Exhibit A, shall be billed at the rate of cost plus 20%. 6.4 ANAL YTICAL COSTS Analytical Costs shall be billed at the unit rates as specified in Exhibit A. Any additional Analytical Costs not contained in Exhibit A, shall be billed at the rate of cost plus .20%. 6.5 DISPOSAL COSTS HHW Disposal Costs shall be billed at the unit rates as specified in Exhibit A. Any additional Disposal Costs not contained in Exhibit A shall be billed at gate rates. 6.6 TRANSPORTATION COSTS Transportation Costs shall be billed at the unit rates as specified in Exhibit A. Any additional Transportation Costs not contained in Exhibit A shall be billed at the rate of cost plus 20%. Page 3 Onyx Environmental Services, LLC Household Hazardous Waste Agreement 6. 7 ESTIMATED COSTS FOR CONSULTING SERVICES The Contractor's estimate of the amount that will become payable for the Professional Services rendered under this Agreement is listed in Exhibit A. 6.8 RELATIONSHIP OF PAYMENTS TO THE ESTIMATE COMPLETION The relationship of the amounts the City shall pay in relationship to the estimated compensation for the services as shown in Paragraph 6.7 are as follows: 6.8.1 The City shall pay an amount for Professional Services as described in Paragraph 6.7, at the unit rates specified in Exhibit A. 6.8.2 The City shall pay an amount for Additional Services to be negotiated when such services are requested by City. 6.9 TIMES OF PAYMENT Contractor shall submit monthly invoices for Professional Services and Additional Services rendered. At the end of the Project, fmal payment shall be made only after acceptance of the Project by City and acceptance by City of any required reports and data, such acceptance not to be unreasonably withheld. If City disputes the amount of the billing, City will notify the Contractor in writing within ten (10) working days of the receipt of the invoice in dispute; however, the City will pay the undisputed portion of the invoice. Payment terms are Net 30 days. 6.10 OTHER PROVISIONS CONCERNING PAYMENTS 6.10.1 Late Payment In the event of late payment, an interest charge at the simple annual rate of 18% (1.5% per month) will be due to the Contractor for the unpaid amount and for the period of the late payment. Such interest charge is recognized as compensation to the Contractor for an added cost in the business administration resulting from the deferral of a payment beyond the expected payment date. For purposes of this Agreement, Late Payment shall be defined as thirty (30) calendar days from the date of receipt of the invoice as defined in Paragraph 6.9 of this Agreement. In the event of termination by the City upon completion of any phase of the Professional Services, progress payments due Contractor for services rendered through such phase shall constitute total payment for such services. In the event of such termination by City during any phase of the Project, Contractor shall also be reimbursed for the charges of independent professional associates and consultants employed by Contractor to render Professional Services, and paid for services rendered during that phase on the basis of Paragraphs 6.1 through 6.6. In Page 4 Onyx Environmental Services, LLC Household Hazardous Waste Agreement the event of such termination, Contractor will be paid for all unpaid Additional Services requested by City. SECTION 7 GENERAL CONSIDERATIONS 7.1 TERMINATION OF AGREEMENT The sole right is hereby reserved to the City to terminate this Agreement for any and all causes at the time upon fifteen (15) calendar days written notice to the Contractor. In the event of termination for specified deficiency or default, except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of Contractor, its suppliers or subcontractors, that may be deemed as a breach of contract the City will notify Contractor in writing, allowing Contractor a IO-day period in which to cure the specified deficiency or default. If Contractor fails to cure the specified deficiency or default in the time allowed, Contractor shall be compensated for the work actually performed prior to the effective date of breach. In the event this Agreement is terminated prior to completion, the original copies of the Contractor's data, recommendations, plans, specifications, analysis, and other related documents (excluding Contractor's proprietary information) prepared by the Contractor prior to said termination shall be delivered to and become the property of the City. 7.2 INSPECTION AND AUDIT All books, papers, records, payroll, vouchers, and invoices related to costs and expenditures incurred as to the performance of the services the Contractor hereunder shall be made available to the City, or the City's authorized representative for audit and review, at the Contractor's respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment. 7.3 EMPLOYMENT The Contractor warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the Contractor, to solicit to secure this Agreement, and that has not paid or agreed to pay an company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul the Agreement without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Contractor or other persons while engaged in the performance of work or services required by the Contractor shall be considered employees of the Contractor only and not the City. Page 5 Onyx Environmental Services, LLC Household Hazardous Waste Agreement The Contractor shall be subject to and comply with Title VII of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 7.4 SUBLETTING OR ASSIGNING WORK The Contractor shall not sublet or assign any of the work covered herein without prior written review and approval of the City. 7.5 CHANGES IN WORK The Contractor shall make such revisions in the reports, plans, and specifications which have been completed, approved and accepted by the City as are necessary to correct errors when requested to do so by the City, without additional compensation therefore. 7.6 LEGAL RELATIONS The Contractor shall comply with Federal, State, and Local laws and ordinances applicable to the work to be done. The CONTRACTOR agrees to indemnify. hold harmless. and defend the OWNER, its officers, directors, agents, and employees from and against any suits. causes of action, claims, demands. damages. costs, expenses, obligations. and liability of any character. including attorney=s fees, arising out of or resulting from or in connection with the CONTRACTOR's negligent performance of the services specified in this agreement. In the event the OWNER is found proportionately responsible, the CONTRACTOR will be held responsible only for those damages, costs, attorney's fees, and liabilities as are attributable to the CONTRACTOR's percent of fault as compared with 100% of the fault giving risc to the damages. The CONTRACTOR agrees to indemnify, hold harmless and defend the OWNER, its officers, directors, agents, and employees from and against any suits. causes of action, claims, demands. damages. costs, expenses, obligations. and liability of any character. including attorney=s fees. arising out of or resulting from or in connection with the CONTRACTOR's non-negligent performance of the services specified in this agreement. In the event the OWNER is found proportionately responsible. the CONTRACTOR will be held responsible only for those damages, costs, attorney's fees. and liabilities as are attributable to the CONTRACTOR's percent of fault as compared with 100% of the fault giving rise to the damages. In an appropriate case in which attorney's fees are awarded to the OWNER following a wrongful refusal of a tender of defense. said fees may include fees and salary paid by the OWNER to the City Attorney or other in-house counsel. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this agreement Page 6 Onyx Environmental Services. LLC Household Hazardous Waste Agreement The Contractor is and shall perform this Agreement as an independent contractor, and as such, is responsible to the City only as to the results to be obtained in the work herein specified, and to the extend the work shall be done in accordance with the terms, plans, and specifications. The Contractor shall have and maintain complete control over all of its employees, subcontractors, agents, and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workers' compensation with limits and employment insurance. In no event shall either party be responsible t the other for consequential damages. 7.7 INSURANCE The Contractor shall secure and furnish the City a certificate of insurance, therein, naming the City as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of Contractor's obligations hereunder, Contractor shall secure and maintain, until the work is completed and accepted by the City, insurance coverage naming the City as an additional insured with the minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS General Liability General Aggregate Products-Comp/Ops Aggregate Personal and Advertising Injury Owner's and Contractor's Protection Fire Damage (anyone fire) $5,000,000 $5,000,000 $5,000,000 $5,000,000 per occurrence $2,000,000 Workers' Compensation and Employer's Liability Each Accident Disease - Policy Limit Disease - Each Employee $1,000,000 $5,000,000 $1,000,000 Automobile Any auto including hired and non-owned autos $5,000,000 combined single limit 7.8 ENDORSEMENT The Contractor shall place its endorsement on all reports and other data furnished by it. 7.9 OWNERHSIP OF DOCUMENTS All schedules, data, exhibits, recommendations, design reports, plans, specifications, and other related documents prepared or obtained under the terms of the Agreement are deemed to be the property of the City and shall be delivered to the City. 7.10 PUBLIC INFORMATION Page 7 Onyx Environmental Services, LLC Household Hazardous Waste Agreement The Contractor shall not issue any statements, releases, or information for public dissemination without prior approval of the City. 7.11 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the Contractor and the City. Provided that the City, state agencies or political subdivisions and the United States government shall have the irrevocable, non-exclusive, non-transferrable and royalty-free license to use each invention in the manufacture, use and disposition, according to law of any article of material, and in the use of any method that may be developed as part of the work described and contemplated herein. 7.12 RECORDS The Contractor shall maintain accounting records and other evidence pertaining to the cost incurred and to make records available at all reasonable times during the Agreement term for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspection by City. 7.13 SUCCESSORS IN INTEREST The covenants, agreements, and all statements in the Agreement apply t and shall be binding on the heirs, personal representatives, successors, and assignees of the respective parties. 7.14 ATTORNEY'S FEES AND COSTS That in the event is becomes necessary for either Party to this Agreement to retain an attorney or use an in-house counsel, to include City Attorney, to enforce any of the terms or conditions of the Agreement or to give any notice required herein, then the prevailing Party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel, to include City Attorney. 7.15 WASTE WARRANTIES The City represents and warrants to Contractor that: (a) To the best of its knowledge, all waste materials to be collected by Contractor in performance of this Agreement are household hazardous wastes, and are subject to the appropriate variances for such waste material; (b) City has all necessary authority to enter into this Agreement with respect to such waste materials; (c) City is under no legal restraint which prohibits the transfer or possession of such waste materials to Contractor; and (d) City shall comply with all applicable statutes, ordinances, laws, orders, rules and regulations, and shall provide Contractor a safe work environment for any Work performed on premises owned or controlled by City. In the event any materials which cannot be accepted as part of this collection event is abandoned by a participant/resident at or near the collection site, the Contractor shall have no obligation to Page 8 Onyx Environmental Services, LLC Household Hazardous Waste Agreement handle such abandoned materials unless and until specifically agreed upon between Contractor and the City in a written change order detailing the services to be performed and the associated costs. Contractor shall have no obligation or responsibility with respect to materials which are not tendered and accepted in accordance with this Agreement, including its proposal. 7.16 MODIFICA nONS AND AMENDMENTS That any amendment or modification of this Agreement or any provisions hereto shall be made in writing or excepted in the same manner as this original document and shall after execution become a part of this Agreement. CITY OF BOZEMAN ONYX ENVIRONMENTAL SERVICES, L.L.C. \. By: ,~ -.... Title: City Manager Date: Apri 1 28 . 2003 By: SOt ~s (Y1tt/\Q 4-10-03 r Title: Date: ATTEST: ~2~ City Clerk APPROVED AS TO FORM: ~- ty ttomey Page 9 Onyx Environmental Services, LLC Household Hazardous Waste Agreement EXHmIT A TECHNICAL PROPOSAL- HHW COLLECTION EVENT Page 10 TECHNICAL PROPOSAL FOR HHW COLLECTION EVENT CITY OF BOZEMAN, MT 1.0 SERVICES REQUIRED Set Up A specific site set-up plan for the event will be finalized upon award of this contract during a pre- project discussion meeting. This plan will be based on the following: · Weather Conditions · Anticipated Participation · Community and Volunteer Participation · Site Conditions (Le., ground surface and public access routes) ONYX will arrive at the designated project site either the evening before or the morning of the scheduled day of collection approximately two hours prior to the start time of collection and implement the following: o Place appropriate plastic underneath all areas where waste will be managed freely (Le., hot zone/segregation, packaging, and bulking areas). o Ensure that all operations (bulking, segregation, classification, packaging, etc.) will take place within the segregation/hot zone area by marking these areas with warning tape/barriers. o Control access to the receiving areas by requiring all participants to remain in their vehicles at all times. o Ensure that the packaging area will contain all materials and equipment necessary to carry out the specified operation, i.e., absorbent, drums, tools, tables, safety equipment, etc. V oluoteers ONYX highly encourages the use of volunteers on household hazardous waste programs. Community support and involvement in environmental programs such as households is the success to having a cleaner and healthier world to live in. Typically, volunteers are used to greet participants, direct traffic, conduct surveys, and help unload vehicles (if mutually agreed upon between the hazardous waste coordinator and the sponsoring agency). They also help shuttle non- hazardous waste to receiving tables, and then also help with project clean up activities (tearing down tents, picking up trash, etc.). For safety and regulatory reasons, all hazardous waste must and will be managed by ONYX personnel or OSHA trained volunteers. ONYX proposes the following staffing plan for volunteers at each of these events: . Greeters set up at 1-3 stations for resident verification, completion of surveys, etc. - 3-5 people . Traffic Directors to ensure traffic flows smoothly - 1-2 people . Vehicle Unloaders and Waste Shuttlers to aid ONYX - 3-4 people . Opening paint cans - 5-8 people . Project Cleanup - same people volunteering for the day Unloadin2 ONYX proposes to utilize cones or other markers to direct traffic through the completed drop off routes as agreed to by both parties during the pre-project meetings. Strategic placement of signs, cones, barricades, etc. will assist the participants in staying as far away as possible from the "hot zone" and working areas. In the event of an overflow of traffic causing congestion onto a street entering or exiting a collection site, a pre-assigned representative may implement any traffic contingencies previously agreed upon at the pre-project meetings. Prior to unloading, ONYX personnel will scan the material for acceptance. Once it is deemed acceptable, the material (container) will be removed from the participants' vehicle. ONYX respectfully requests that ALL HAZARDOUS materials ONLY are managed by ONYX OR properly trained personnel as a safety precaution. Although the participants have been handling this waste in their own home, an accidental drop or spill could cause serious injury if not handled correctly. Waste that cannot be accepted will not be removed from the vehicle. If there is any question at all, ONYX's Project Manager will discuss the material in question with an authorized City representative prior to acceptance. Participants will be instructed to remain in their vehicles at all times. Once a participant's waste is accepted, the waste will be shuttled to the packaging/segregation area via boxes, sturdy plastic containers, shopping carts, or other miscellaneous small containers/carts. Acceptable Materials The following is a list of acceptable materials in order of DOT priority sequencing: 1) Division 2.1 - Flammable Gases/Aerosol Cans (i.e., spray paint, WD-40, some cleaners andjUrniture polishes, hair spray, propane cylinders and tanks) 2) Division 2.2 - Non-Flammable Gases (i.e., oven cleaners, some window cleaners, freon) 3) Division 6.1 - Poisonous Liquids by Inhalation (not expected in household wastes but approved to accept) 4) Division 4.1 - Flammable Solids or Self Reactive Chemicals (not expected in household wastes but approved to accept) 5) Class 3 - Flammable Liquids/Fuels Waste (i.e., oil based paints, solvents, paint thinners, gasoline, kerosene, rubber cement)) 6) Class 8 - Corrosive Materials (i.e., cleaners such as bleach, swimming pool chemicals, disinfectants, drain openers, photographic chemicals) 7) Division 4.2 - Spontaneously Combustible Materials (i.e., charcoal briquettes) 8) Division 4.3 - Dangerous When Wet (i.e., metal powders such as lead powder) 9) Division 5.1 - Oxidizers (i.e., some fertilizers, cleaners with potassium dichromate in them) 10) Division 5.2 - Organic Peroxides (i.e., some lubricants containing benzyl peroxide) II) Division 6.1 - Poisonous Liquids or Solids (i. e., herbicides, pesticides, flea powders, insecticides, some laundry products, some latex paints, rat poison, weed killers) 12) Combustible Liquids - (i.e., campfuel oil or miscellaneous contaminated oils) 13) Class 9 and Non-Regulated Materials - Miscellaneous Waste (i.e., antifreeze, latex paint, glues, oil filters) Other acceptable materials include antifreeze, oil, batteries, car waxes, and wood preservatives, pet care products, medication, hobby supplies, degreasers, etc. Unacceptable Materials The following is a list of unacceptable materials for "typical" household events: I) Radioactive Chemicals (i.e., smoke detectors) 2) Biological Waste (i.e., infectious waste, blood contaminated items, syringes/needles) 3) Explosives (i.e., fireworks, ammunition, crystallized ethers) 4) Mercury (i.e., thermometers) 5) Fire Extinguishers and Some Compressed Gas Cylinders (possible butane cylinders or other gases are usually not accepted unless agreed upon prior to the event) 6) Commercial Waste (i.e., paint and window contractors or any operation of a commercial business) It is ONYX's understanding that the City of Bozeman does not intend to accept the following materials: used motor oil, latex paints, antifreeze, explosives, PCBs, radioactive and bio-hazardous materials. ONYX would also recommend adding batteries to this list, due to the large number of battery recyclers available. Manae:ement of Unknowns and Unacceptable Waste Identification of unacceptable materials in all publicity for the collection program will reduce or eliminate the amount of unacceptable materials brought to the site. Also, prior to unloading materials from participants' vehicles, ONYX personnel scan the material for the above categories. If they are encountered, the material is not removed from the vehicle. ONYX is capable of accepting item numbers 2, 4, and 6 as well as some 5's (from the unacceptable list) with the permission of the sponsoring agency. Some of the pricing for these items is listed on the price sheet in the pricing proposal, but other items will be priced case-by-case as cylinders are priced based off of their size and contents. As for the other items, ONYX suggests checking with the fIre department on acceptance of the explosives for later bomb squad management. ONYX could also provide a detailed estimate to perform a "remote opening" and stabilization of this waste after the event is completed, on a separate project day. In regards to the radioactive waste, ONYX can only provide a referral to eventually manage this waste for the City: EMCI located in Turlock, CA at 209-667-1102, as we are not permitted to handle radioactive waste. Biological waste can be managed via ONYX as a "10-day" storage/transfer through Henderson with ultimate shipment to Stericycle located in North Salt Lake, Utah. Any waste received falling under numbers I or 3 will have to be stored at the project site until the appropriate management of this waste can be arranged. Identification of Unknown Wastes All containers that are received without a label will be determined to be "unknown". Those containers with "hand written" labels or odd types of containers will be partially screened for verifIcation (i.e., a container marked "gasoline" will be tested in the field to confirm ignitability, a container marked "hydrocWoric acid" will be pH'd to confirm the acidity, etc.). ONYX will have a work area set up on one of the tables to hazcat all unknowns prior to packaging these chemicals to ensure compatibility and proper classifIcation of the waste. The following is a description of ONYX'S Standard Operating Procedure that is used to identifY unknowns: I. ONYX personnel will segregate all unknowns for removal to the identifIcation/testing area at the collection site. Waste containers will be classified as "unknowns" whenever there is reasonable doubt as to the contents of the waste. Doubt may be due to illegible or hand written labels, missing, or apparently incorrect labels, or in the case of trade name chemicals, hazardous constituents or ingredients fail to appear on the label. ONYX will first make every attempt to identifY the waste without opening the container. This will involve questioning the participant who dropped off the waste if possible. 2. If the waste cannot be identified using the procedure described above, the "unknown" must be fmgerprinted to determine if any hazardous characteristics (DOOI, D002, or D003) are present so that a hazard class and shipping description may be designated. All materials designated as <'unknowns" will be packaged for destructive incineration once the hazard class is determined. 3. ONYX personnel will perform chemical and physical tests to determine the hazard classification of the waste. All personnel involved in the testing of unknowns will be outfitted with the proper personal protective equipment. This equipment will include, at a minimum, chemically resistant tyvek suits, steel toe/metatarsal boots, safety glasses and chemically resistant gloves, full-face air puritying respirators and chemical cartridges. 4. The following tests will be used to determine the hazard class of unknown wastes: a. Identification/Observation of the Material b. Flash Point c. pH d. Water Reactivity & Solubility e. Oxidizer Screen f. Organic Peroxide Screen g. Cyanide Screen h. Sulfide Screen 5. The procedure to perform the above listed tests is as follows: a. Physical Identification/Observation of the Material ONYX'S Project Manager will note whether the material is a liquid, solid, gaseous, semi-solid, or multiple phase waste, and note any Wlusual observations in color (which might indicate the presence of metals). The containers, at this point, are looked at closely to note if any crystals have formed in the bottle or around the cap, as this could be an indication of peroxide formation b. Flash Point A 20-ml sample will be placed into an alwninum sample pan and exposed to a flame (via a hand torch). If the sample ignites upon exposure, it will be classified as Flammable. If the sample ignites after one second of exposure, it will be classified as Combustible. Any sample that does not ignite after two seconds will be classified as non-flammable/combustible. c. nH A 20-ml/20 gram sample of the unknown will be placed into a plastic/alwninum sample pan. If the unknown is a solid, 5-ml of water will be added. A pH test paper strip will be dipped in the waste and the resulting color change compared to the indicator scale. If the pH of the waste is determined to be 2 or less, the waste will be classified as an acid. If the pH is 12.5 or greater, the waste will be classified as an alkaline. d. Water Reactivity & Solubility A 20-ml/20 gram sample will be placed in an aluminum sample pan and to it will be added 5 ml of water. Solubility will be determined upon visual inspection. If the mixture exhibits any of the following properties, it will be classified as Water Reactive: (1) Heat genemtion (2) Gas generation (3) Internal pressure through expansion, or (4) Ignition e. Oxidizer Screen A 20-ml/20 gram sample will be placed in a plastic/aluminum sample pan. If the sample is a solid, to it will be added 5 ml of water. A Potassium Iodide/Starch Iodide test strip will be dipped in the waste and any color change observed. If the strip changes to purple, the waste will be classified as an Oxidizer. f. Organic Peroxide Screen A 20-ml/20 gram sample will be placed in a plastic/aluminum sample pan. If the sample is a solid, to it will be added 5 ml of water. An Organic Peroxide test strip will be dipped in the waste and any color change observed. If the strip changes to blue, blue/green, or darkish purple, the waste will be classified as Organic Peroxide. g. Cyanide Screen All unknown wastes with a pH equal to or greater than 8 will be screened for cyanides. Three solutions will be prepared: (1) 10% Sodium Hydroxide Solution (2) 10% Ferrous Sulfate Solution (3) 5% Ferric Chloride Solution A 20-ml/20 gram sample will be placed in a plastic sample pan. To it will be added 10 mls of water, 10 mls of sodium hydroxide solution, 10 mls of ferrous sulfate solution, and 10 mls of ferric chloride solution. Enough 90% sulfuric acid will then be added until solution becomes acidic. If solution displays the distinctive Prussian blue or green color, the sample contains cyanide and will be classified as a Toxic Chemical. Note that if the above solutions are not available, cyantisemo paper can be used in their place. h. Sulfide Screen All unknown wastes with a pH equal to or greater than 8 will be screened for sulfides. A 20-ml/20 gram sample of the waste will be placed into a plastic/aluminum test pan. Wet a strip oflead acetate paper with water. 37% hydrochloric acid will be added to the sample and a strip of wet lead acetate paper held into the fumes generated by the reaction. If the lead acetate paper turns brown or silvery black, sulfides are present and the sample will be classified as a Poison B. All information/results obtained from this fingerprinting will be recorded on the ONYX Fingerprint Analysis Report. Unknown wastes will be labeled or stickered with a number, and this number will be used to identify that particular bottle with its test results. A copy of the Fingerprint Analysis Report will be distributed to the Generator for his records, and a copy will accompany the drum inventory to the disposal facility. All waste products produced from the testing procedures will be consolidated into a drum for proper disposal. Seere2stion ONYX will examine the collected wastes from the participants vehicles and segregate all chemicals into their proper DOT hazard class (Flammable Liquid, Acidic, Basic, Non-Reg, etc.). Typically, the waste will be placed on at least six (6) different tables under a protected area (i.e., tent) so that good segregation and distance is allowable reducing the risk of a chemical coming into contact with a non-compatible chemical and possibly causing a reaction. Each table will represent either the same hazard class (i.e., toxic solids and liquids) or compatible hazard classes (i.e., Aerosol cans with flammable and non-reg liquids). This ensures that like wastes will be packaged together. The segregation and collection areas will be off limits to NON-40 hour trained personnel. Controlled access will be maintained around this area via tape or markers. Within the segregation and bulking area there will be the following safety equipment: · Fire Extinguisher · First Aid Kit · Eyewash Waste Packa2io2 Once all segregation and testing has been completed, packaging will take place under the direction of the Technical Coordinator. These people will wear (as a minimum) the following protective items: · Safety glasses, · Steel-toed shoes, · Latex or N-dex gloves, · Paper tyvek suits, and · Other protective clothing as specified in the health and safety plan. The appropriate size of the container will be determined based on the total volume of waste to be packaged. All packaging will be completed in accordance with TSDF guidelines, DOT regulations, and most importantly in accordance with the compatibility of each hazard class. Bulkin2lCommin21ine Procedures ONYX realizes that cost is of the utmost importance to the City of Bozeman and will work with the City in determining which items or chemicals are suitable, and more cost effective for bulking/co- mingling into fifty-five (55) gallon sized drums. At a minimum, ONYX is proposing to bulk all "good" flammable liquids. Other targeted wastes/materials for bulking on-site include non-regulated liquids if a large volume is received and it's economically worth on-site bulking. ONYX'S Standard Operating Procedures for bulking liquids on-site are as follows: I) ONYX Field Analyst/Project Manager will determine the appropriate waste to be bulked (in agreement with the sponsoring agency). 2) ONYX Project Manager, with the assistance of our Health and Safety Department, will determine the appropriate PPE to be worn as detailed in the health and safety plan. At a minimum, the following PPE will be worn: . Full face respirator with organic vapor cartridges (unless a self contained breathing apparatus (SCBA) is determined to be required), . Splash resistant suits (i.e., polytyvek, saranex, rain suits), . Neoprene, ANSI boots, . Latex gloves and nitrile/neoprene overgloves, and . Hard hat and splash shield (if required). 3) ONYX field crews will set up specialized equipment, tools, and supplies to include: A) Non-Sparking Bung Wrench B) Plastic Sheeting (Visqueen) C) Funnels D) Absorbent (Floordry) E) Drums or Containers F) Bonding and Grounding Cables G) Miscellaneous Tools (screw drivers, paint can scrapers, etc.) G) Emergency Equipment (eyewash, fire extinguisher, first aid kit, air horn) 4) ONYX Project Manager will Inspect the area where bulking will take place to: A) Determine wind direction and weather conditions B) Locate operational area - preferably outdoors C) Determine drainage patterns D) Unload equipment E) Secure work area with barrier tape 5) ONYX field crews will refer to site specific contingency information. 6) ONYX'S Project Manager will insure chemical compatibility through reference materials or review of MSDS sheets. 7) ONYX'S Project Manager will bond and ground the drum in which the waste will be bulked into. 8) ONYX field crews will begin bulking compatible materials and follow these procedures: A) Clean up all spills immediately. B) Close containers as soon as possible or when "standby" is occurring. C) Do not overfill drums, check by carefully removing funnels and inspecting the level visually, with a drum thief or other method. Note that at least four (4) inches will remain between the top of the waste and the top of the drum to allow for expansion of the contents that may occur with temperature changes. This is referred to as the outage. D) Seal the drum. E) Dispose of the empty containers as per generator's instructions or into an empty roll- off container located at the project site for trash. 9) Prepare the drum for transportation by properly marking and labeling the container, and completing the appropriate paperwork. 10) Cleanup the work area Drum Sta2ine: or Loadine: Area An area will be designated for packaged, closed, and labeled drums to be staged prior to loading these onto the truck for transportation. Drums will be moved via a drum dolly or fork lift and will be checked to ensure all labels and appropriate markings are on each container. Drums and pallets will be loaded based on compatibility onto ONYX's vehicles via drum dollies, pallet jacks, and a lift gate attached to the truck. The transportation vehicle will be appropriately placarded in compliance with applicable DOT regulations. Paperwork ONYX will execute all paperwork necessary to comply with all applicable regulations and ensure acceptance of packaged waste at our disposal facilities. A drum inventory/packing list will be used to record each drum's volume contents while packing (if necessary). Household hazardous wastes are exempt from requiring the actual name of each product/material for all "generic" wastes. All reactives will actually be inventoried as these wastes will require destructive incineration and do not fall under a "generic" profile. All containers generated on-site will be manifested to the facility for ultimate management and disposal; therefore reducing the liability of over-the-road travel associated with hauling hazardous waste. This tracking document (Le., manifest) will ensure complete "cradle- to-grave" tracking. Site Clean-up Site clean-up will include bringing in all signs, cones, and barricades; picking up plastic and any loose materials such as paper or trash; and removal of all equipment (roll-offs, port-o-lets) and excess supplies. The site will be cleaned up to pre-event conditions or better. Transportation ONYX dispatches fully licensed and permitted drivers specializing in full service equipment and hauling units. For purposes of this project, twenty-eight and forty (28 and 40) foot-enclosed vans will be used for the safe transport of hazardous wastes. All drivers will have A or B class license with a hazardous waste "H" endorsement (DOT certified) and maintain a Green Medical card. These cards are carried on our drivers at all times, so verification by the sponsoring agency is available when the driver arrives at the job site. ONYX will provide transportation of ALL waste associated with this event no later than June 4, 2003. Final Report At the conclusion of the event, ONYX will prepare a post event report. This report will outline and summarize the total amount of waste received, nwnber of participants, types of waste collected and fmal disposal locations, and the overall description and success of how efficiently each event was performed and what improvements could be made (if any) for future projects. Also included will be inventory sheets, manifests, and related required paperwork. 2.0 DISPOSAL Disposal Ootions: In this section, we offer a detailed chart for the City of Bozeman's review and consideration as to how ONYX proposes to manage the waste associated with this contract. We believe that with the capability of providing these services in addition to excellent CUSTOMER SERVICE, the City will be 100% satisfied with how ONYX proposes to manage this contract. The key thing to remember, is that we are FLEXIBLE with the ultimate management and disposal of your waste. If the City should choose to change treatment options (if it's feasible for that particular waste), or how the waste is processed for disposal (bulking of paint versus direct shipment in cubic yard boxes), ONYX is open to suggestions. Please consider the fact that we are only proposing how we BELIEVE we can best service this contract. The following disposal options summarize the details behind the technologies that we propose to use. A. Recycling/Reuse Vivendi purchased Superior Services, Inc. in 1999, a fully-integrated solid waste services company providing solid waste collection, transfer, recycling and disposal services to more than 800,000 residential, commercial and industrial customers in 12 states. In addition, Superior has 25 company-owned or operated solid waste landfills, 59 solid waste collection operations, 29 transfer stations and 20 recycling facilities. Superior Service Inc. was incorporated in 1992 with the consolidation of a group of22 successful environmental and waste service companies. The integration of ONYX and Superior Special Services (the recycling and hazardous waste management division of Superior) offers a wider range of environmental services to offer our customers, while providing synergy with sister companies. Together, the organization operates a network of transportation, storage, and disposal facilities (TSDFs) and branch field offices in locations throughout the United States, Puerto Rico and Canada. This national coverage gives our customers convenient access to a complete line of environmental services. Onyx North America is now organized into 4 business lines with an executive officer assigned to each specialty area: · Superior Services (Solid Waste), Onyx Industries (Canadian Environmental Division) . Onyx Environmental Services (HazJSpec. projects), Superior Specialty Services, Alaron Corporation . Onyx Industrial Services (Industrial cleaning) · Montenay Power Corp. (WTE) Superior Special Services (SSS) is a strategically focused recovery and waste management organization which provides a variety of waste reduction and recycling services. SSS reducing, recycling, and/or disposal services applicable to this contract include PCB lamp ballasts, and mercury thermometers or mercury debris/waste that might be received. ONYX utilizes third party approved facilities for the recycling of battery waste typically received at Household events (i.e., lead-acid batteries, nickel-cadmium batteries, and sometimes mercury batteries), as well as latex paint. Producers and users of mercury-bearing waste and batteries are provided an improved and environmentally sound technique by which the metal is reclaimed. Mercury lab waste, spill clean-up, thermometers, electrical devices, batteries, powerpacks, dental amalgam, and fluorescent lamps are processed using patented technology. Recovered elemental mercury is triple distilled to ACS standards and marketed or resold to manufacturers and chemical suppliers as a 99.9% pure product. ONYX understands that RECYCLING, REUSE, and ENERGY RECOVERY are the preferred alternative to disposal for the City of Bozeman. Due to the large volume of paint waste received at Household collection programs, ONYX is proposing to utilize these three treatment options as the number one treatment technology for ALL paint waste and flammable liquids received under this contract. The oil-based paint and solvents/tlammable liquids will be reused as a fuels supplement at a cement kiln explained in the next section. B. Fuel Blending Recovering the thermal potential of wastes can be an efficient, environmentally responsible option for the hazardous waste needs you face. ONYX is the industry leader when it comes to safe and efficient fuels-blending programs. Through our realignment with Chemical Waste Management and Advanced Environmental Technical Services Incineration and Fuels Blending operations, ONYX is better able to provide a full range of solvent recovery, and solid and liquid fuels blending. ONYX can access fuels blending at facilities in Henderson, Colorado; and MFR/Continental Cement in Hannibal, MO, or Systech Environmental Corporation in Fredonia, KS to name a few. Some of the benefits generators receive from utilizing fuel blending are: . Pre-treatment analysis that determines compatibility of your liquid wastes for cost-efficient management. . A proven network of high-temperature industrial furnaces and cement kilns, approved and permitted for use of waste-derived fuels under stringent EP A environmental requirements, for assured destruction of all hazardous wastes involved. . A rigorous audit program by ONYX experts of all operations selected to use your wastes as fuel, helping ensure that you are protected from liability now and in the future. All "good" flammable liquid received at each Household Collection program as well as all oil based paints (PCB free) will be processed for supplemental fuels at one of the cement kilns mentioned in Part V. c. Landfill ONYX is deeply committed to not only developing better ways to service its customers, but also to realizing that disposal of hazardous waste is expensive. If the EP A regulations allow for secure landfill and our generators do not have a "precedence" for how their waste must be managed, then secure subtitle "C" landfill is the option of choice. It's a safe, cheaper, and compliant way of managing certain regulated and non-regulated hazardous wastes such as Household Hazardous Wastes. ONYX only utilizes those landfill facilities that have been audited, approved, and leaders in the landfill business. D. Incineration No other hazardous waste treatment can match the combination offered by high-temperature incineration: efficient destruction of hazardous organic compounds and the capability to deal with a wide variety of such wastes. The resulting incineration ash and other residue is stabilized and placed in a permanent land disposal facility. High-temperature incineration offers the following benefits: . Assured destruction of the hazardous wastes you generate, at a cost-effective price. . Access to the ONYX network of incineration facilities, strategically located across the U.S. and fully permitted to meet all applicable regulations and requirements. . The security of complete cradle-to-grave service, from collection and transportation of your hazardous waste materials in ONYX and ONYX approved vehicles to the incineration treatment facility. . A full-range incineration system that includes both rotary kilns and fixed-hearth incineration technology, providing you with the utmost in flexibility to handle your most difficult hazardous wastes. . The ability to handle hulk or drummed wastes, eliminating the expense of special containers or special packaging of your wastes. . In many areas, access to the efficiencies and cost savings of rail transportation. All this and more ensures the generator of incineration services that can be custom matched to the materials and specific needs they have, a level of specialized service that is unexcelled in the waste industry. Facilities Environmental assessments are conducted annually at our TSDFs to ensure total facility compliance with RCRA, TSCA, and Corporate Policy. Detailed programs docwnent the manner in which customer wastes are managed. The objective of auditing TSDFs is to determine if the facility has implemented systems to ensure full regulatory compliance: . Compliance with operating pennits and waste analysis plans . Recordkeeping and reporting . Waste receipt control . Site Operations We intend to utilize the capabilities of ONYX's Part B Permitted Facility located in Henderson, Colorado and the Chemical Waste Management of the Northwest Landfill in Arlington, Oregon for the waste that will be managed with this contract. These facilities are fully secured and staffed 24/7 with guards on duty between business hours Monday through Friday and all day Saturday and Sundays. In addition, they are equipped to store highly sensitive waste (i.e., waste associated with the U.S. Drug Enforcement Administration), so protection and proper assurance for correct management of hazardous waste is never a question. Due to our award of the U.S. DEA contract that ONYX holds, we had to comply with a very secure memorandum of understanding that addresses the detailed security plan in place in order for us to store waste associated with illegal clandestine laboratories. ONYX is proud to say that we have always passed the rigorous audits that the U.S. DEA conducts in addition to our many other audits performed by EP A, DOT, and OSHA. Once the waste is transported to our Henderson facility, it will either be stored via lO-day transfer or placed into temporary "interim" storage. Once approved and decisioned, the waste will be transported to one of our final TSDF's proposed to be used with this contract. Please refer to the table on the following page for a complete list of our proposed facilities. Disposal Facilities Proposed to be used by ONYX: Facility Address Telephone Process EPAID Number ONYX 9131 E. 96m Ave. (303) 289-4827 Part B Permitted COD980591184 Environmental Henderson, CO Storage/Transfer Services 80640 Facility ONYX- #7 Mobile Ave. (618) 271-2804 Incineration ILD098642424 Trade Waste Sauget, IL Incineration 62201 ONYX- Hiway 73, 3.5 (409) 736-2821 Incineration TXDOO0838896 Port Arthur Miles W. of Taylors Bayou Port Arthur, TX 77640 ONYX- 5752 West (602) 233-2955 Recycling AZOOOO337360 Superior Special Jefferson St. (Retorting) Services Phoenix, AZ 85043 Continental 10 I 07 Highway (573) 221-1740 Energy MOD054018288 Cement #79 Recovery/ Company Hannibal, MO Fuels Blending 63401 Chemical Waste 17629 Cedar (541) 454-2643 Subtitle "c" ORD089452353 Management of Springs Lane Landfill, the Northwest Arlington, OR Stabilization 97812 Pollution Control 4343 Kennedy (219) 397-3951 Fuels Blending, INDOO0646943 Industries Ave. Neutralization East Chicago, IN 46312 INMETCO 245 Portersville (724) 758-2800 Recycling PAD08756 10 I 5 Road (High Temp. Ellwood City, Metals PA Recovery) 16117 Kinsbursky 1314 N. (714) 738-8516 Recycling CAD088504881 Brothers, Inc. Anaheim Blvd. (Other Recovery) Anaheim, CA 92801 Chemical Waste 35251 Old (559) 386-9711 Subtitle "C" CA T000646 I 17 Management, Skyline Road Landfill, Inc. Kettleman City, Stabilization CA 93239 The majority of expected waste to be received is paint and it is our full intent to recycle 100% of all paint waste received. The only qualifier is that the paint cannot contain PCB's. Should PCB's be found in any of the paint, this waste will have to be incinerated. In addition to the paint waste, ONYX will recycle all good fuels waste by bulking miscellaneous solvents and thinners on-site. All lead-acid or nickel-cadmium batteries as well as mercury received will also be recycled per the treatment technology specified in 40 CFR 268. The majority of the recycled waste will be shipped to an approved third party facility. It's important to note that just because a waste is regulated as "non-regulated/hazardous" by the EPA, it's not necessarily "non-hazardous" to the environment. Note too the fact that residents who will be participating in these programs will more than likely bring a lot of non-original containers to the events. Therefore, the contents of a container may not always be 100% what the container is labeled so ONYX believes every precaution should be taken to protect our environment from unwanted contaminants. Because of this, all chemicals (hazardous or not) will be disposed of in strict compliance with regulations and guidelines and managed at either an approved licensed incinerator or licensed hazardous waste landfill. 3.0 CONTINGENCY PLAN ONYX will take every precaution necessary to prevent a chemical spill and/or fire from occurring. Through proper set-up procedures and awareness of activities being performed, a spill and/or fire should not be a concern. ONYX personnel have all received the proper training (as addressed later in this proposal) in management of chemicals and hazards associated with each chemical. The knowledge and expertise of ONYX's personnel have proven the company's success ratio (100% spill and fire free) and will contribute to an accident free environment. In the unlikely event that a spill or fire does occur, ONYX will address the situation as follows: The Safety Coordinator designated on the project site (provided by ONYX) will be the designated Emergency Coordinator (EC). The EC will follow response procedures as described in ONYX's Corporate Emergency Response Manual unless another appropriate procedure has been agreed upon with the City of Bozeman. The EC will detennine: 1) The nature of the chemicals involved and the extent of the spill or leak and/or extent of the fire. 2) If evacuation of personnel is required. 3) If special equipment is needed in order to contain and cleanup the spill or leak and/or fire. 4) Iffrre (or the potential for fire) is involved. The EC will contact the designated City of Bozeman on-site representative as soon as possible to relay all pertinent information (once the situation is under control). The EC will direct the spill or leak clean up and/or fire, following emergency response procedures. If necessary, the work area will be closed off to prevent any potential release. Personnel will wear appropriate protective clothing and respiratory equipment. A liquid chemical spill will be contained by surrounding the spill with absorbent. Every effort will be made to prevent the spill from entering surface water or sewer drainage systems. Once the spill has been absorbed, the contaminated absorbent will be placed into a non-leaking UN/NA approved container for proper transportation and disposal. If the spill was from a drum, the hole causing the leak: will be sealed and/or the drum will be overpacked. After the spill residues are containerized, the area will be appropriately cleaned. A solid chemical spill will be collected with a non-sparking shovel and placed into an UN/NA approved drum. The broken container will also be placed in the drum for proper identification, transportation and disposal. Should property or equipment become contaminated it will be washed with soapy water and rinsed. A liquid or solid fire will be attempted to be distinguished via ONYX's on-site fire extinguishers and/or absorbent (floor-dry). ONYX will notify the fire department immediately should their assistance be required. All personnel are required to wear protective equipment during spill clean-ups. Types of gear and decon will be noted in the site health and safety plan. Personnel decon will take place in the following order: Remove outer gloves, discard in "PPE Drum" Remove boot covers, discard in "PPE Drum" Remove Coveralls (Tyvek), discard in "PPE Drum" Remove Latex gloves, discard in "PPE Drum" Remove respirator, put into decon pail with detergent solution Remove cotton liners, discard in "PPE Drum" Respirators will be cleaned in a 5-gallon bucket of detergent and air-dried. Then stored in a clean respirator bag in the employee's equipment bag. Equipment that will be available to facilitate cleanup of spills or fires is as follows: Absorbent (floor-dry) Shovel Broom Spill Kit (Soda Ash & Citric Acid) Berms to prevent run-off ABC Fire Extinguishers 4.0 PROPOSED COSTS Labor Costs Project Manager Safety Coordinator Tech Coordinator Field Technician $45.00/hour $40.00/hour $40.00/hour $35.00/hour Mobilization/Demobilization Cost $4350 Per Diem $95/person/day Drums & Packine Material 2 and 5 gal fibers $15.00/drum 10 gal fibers $20.00/drum 15 gal fibers $25.00/drum 20 gal fibers $30.00/drum 30 gal fibers $50.00/drum 55 gal fibers $60.00/drum Cubic Yard Box $95.00/box 5 gal metal $14.00/drum 10 gal metal $40.00/drum 30 gal metal $50.00/drum 55 gal metal $60.00/drum 85 gal metal $90.00/drum 55 gal poly $80.00/drum . Prices include absorbent (vermiculite/floordry) Visqueen $75.00/roll Personal Protective Equipment (PPE) Level "D" PPE $15.00/person/day Level "C" PPE $20.00/person/day Level "8" PPE $60.00/personlday Transportation $50 per 55 gallon drum space -...-......-.-- Disposal Waste Stream Cubic Yard Box 55 Gallon Drum Per Pound Aerosols .91 $100 minimum Labpacked Items (landfill) $110 Labpacked / Loosepacked 1.25/pound $1.31/pound Items (incineration) $1500 minimum $100 minimum Loosepacked Paint Cans 1 gal .77 /pound $350 orless* $900 minimum Loosepacked Paint Cans >5 1.04/pound $600 gal* $1500 minimum Bulked Fuels Items $165 +$8/gal sludge PCB Paint $685 *lfPCB's detected, PCB paint category will apply Odd size container charges Container Size % of 55 gal drum 30 gal 95% 20 gal 90% 15 gal 85% 10 gal 80% 5 gal 75% Onyx Environmental Services, LLC Household Hazardous Waste Agreement EXHIBIT B TECHNICAL PROPOSAL- CESQG COLLECTION EVENT Page 11 TECHNICAL PROPOSAL FOR CESQG COLLECTION EVENT CITY OF BOZEMAN, MT This procedure, prepared by ONYX Environmental Services, LLC, is written to address operational issues concerning Conditionally Exempt Small Quantity Generators (CESQG) in establishing a collection program for the City of Bozeman. This overview generally applies to municipalities and others who voluntarily establish CESQG programs, and addresses the pre- registration, transportation, and onsite collection and payment procedures. Apolicability In order to participate in this program, the small business must generate less than 220 Ibs. of a hazardous waste per month, have in storage less than 2200 lbs. of hazardous wastes, and have no more than 2 lbs. of an acutely toxic waste. The CESQG will be asked to sign a certification that their waste does not exceed the hazardous waste generated at the site to the above regulatory limits. Delegation of Duties Many municipalities wish to have the contractor manage the CESQG program completely. The typical role of a municipality in the CESQG collections is providing a site for collection, publicity of the event, and surveys (if required) onsite. ONYX can or will train the City of Bozeman staff to conduct an information campaign regarding the program, and will schedule and approve CESQG wastes, off-load, segregate, inventory, bulk, package, transport, dispose and collect from the CESQG directly. ONYX has worked closely with the USEPA to develop this program which we intend to implement for the City of Bozeman. Step I: Pre-registration Pre-registration of small businesses under the CESQO program is an essential element of the program. This can be accomplished by ONYX and the City utilizing the pre- registration packet. The process of pre-registration requires the CESQG who wishes to participate in the collection program to call the ONYX CESQG Coordinator. ONYX will collect the following information from the potential participant: Business name, Contact person, Address, and Phone number. The participant is then sent a pre-registration packet to complete. The participant is asked to send a $25.00 processing and acceptance fee along with their inventory and certification fonn. The fee is non-refundable, but will be applied to the disposal cost if the participant uses the program. The inventory must state the a) chemical name, b) container size, c) type of container (metal, plastic, etc.), d) quantity of containers, e) amount in the containers, and f) physical state of the chemical. The cost to the CESQG will be determined from the inventory. Step 2: Inventory Review The inventory of the chemicals from each CESQG will be reviewed by ONYX for acceptability. The generator's name, address and phone will be recorded and a master list of scheduled CESQG's will be established for each collection event. Step 3: Cost Estimates and Scheduling Dates The CESQG will be sent a cost estimate based on the amount of materials listed on the inventory form. Chemicals that are unacceptable to the program will be highlighted and the generator will be informed of the available options to dispose of the unacceptable materials. The cost of acceptable material will include: labor, materials, packaging, transportation and disposal (unless specified differently by the City of Bozeman). Once the CESQG has been screened and acceptable chemicals identified, each CESQG will be given a date and time to bring their wastes to the collection event. Step 4: Transportation Instructions ONYX can suggest the following packaging and transportation tips to the participants: 1. Complete inventory paperwork for all chemicals being transported. 2. Never transport leaking containers. Contact ONYX for proper overpacking and shipping instructions. 3. Package the chemicals in boxes, keeping compatible chemicals together. 4. Never ship unknowns with other chemicals in the same box. 5. Label the boxes containing the chemicals. A major consideration in the successful collection of CESQG wastes is the safety of the participant in delivering their wastes to the collection event. If the CESQG segregates and packages the waste in separate boxes according to compatibility, labels the boxes, and keeps a copy of the completed inventory of the boxes, then the safety of the CESQG in transit is enhanced. This will help a first responder to identify the contents of the chemicals in each box prior to engaging in response to an accidental fire, spill and other release. Step 5: Acceptance At The Facility All site safety and waste acceptance procedures will be implemented for CESQG waste collections. For each CESQG, ONYX will compare load contents with the inventory of chemicals that was pre-approved during the pre-registration process. Each chemical will Step 6: Step 7: be compared against the inventory description and amounts. Once material is deemed acceptable, the waste will be removed from the participants' vehicle. Containers larger than 5 gallons are also screened to determine conformance and waste description. Screens may include: flash point, pH, physical state, cyanide screen, water reactivity, sulfide screen, and PCB screen. Participants will be instructed to remain in their vehicles at all times. Once a participant's wastes are accepted, the waste will be shuttled to the packaging/segregation area. At this time ONYX will collect payment from participant in the form of a bank certified check or cash. The payment should match the quote amount given to the CESQG by ONYX on their specific inventory of chemicals. If the original inventory is less than the actual inventory of chemicals brought to the collection, the CESQG will need additional funds available to pay for the additional chemicals. A receipt for the materials managed and the associated payments will be given to the generator. Segregation and Packaging of CESQG Wastes CESQG wastes will be uniquely identified during the off-load process. These materials may be segregated, packaged, and combined with other household hazardous wastes. Since tight control is maintained of the CESQG chemicals through inventory and certification forms, and marking the CESQG chemicals during the segregation process, the liability of combining CESQG and HHW wastes is minimized. Packaging these wastes together makes economic sense and meets regulatory requirements. ONYX will keep a detailed inventory of CESQG wastes collected and subtract these volumes from the final collection volumes for invoicing purposes. Paperwork ONYX will coordinate with the City to complete all paperwork necessary, to comply with all applicable regulations and ensure acceptance of packaged waste at our disposal facilities. Similar record-keeping and reporting procedures to those reflected for lll-IW's will assure regulatory compliance and compliance with the City of Bozeman requirements. Copies of all required paperwork including receipts, certifications, and volume reports will be given to the City. ONYX CESQG PRICING - 2003 WASTE STREAM Fuels blending items (paints, thinners, solvents, antifreeze, brake fluid, flammable liquids, oil) Incineration items (chlorinatedlhalogenated solvents Non-reactive labpack items (poisons, acids, bases) Aerosols PCB's li uid, ballasts, ca acitors Oxidizers/cyanides Peroxides/sulfides/dangerous when wet Pentachlorophenol Merc Unknowns and other items to be DISPOSAL COST $7.00/gallon (liquid) $14/gallon (sludges/debris) case basis