COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

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• • Evergreen Environtnental Services ("EES"), and Evergreen Oil Inca(EOI)hereby notify Customer that numerous laws and regulations may apply to Customer's liandling of its waste, Including, without limitation, the requirements of Article 13 of Chapter 6.5 of Division I of the California Health and Safety Code (HdSC) Section 25250-25250.25 and Chapter 12 of division 4.5 Tide 22 of the California Code of Regulations (CCR) Sections 66262.1-66262.70, and that it is solely Customer's responsibility to identify and comply with any such requirements in storing and handling its waste. In collecting and manifesting Customer's wastes, EES/EOI in no wav assumes Customer's responsibilities of obligations as generator of such waste or any liabilities attendant thereto. Any advice or guidance provided to Customer by any EES(EO1 represemative is intended solely to assist Customer's general understanding of applicable laws and regulations governing the collection services provided by EES/EOI pursuant to this contract, should not be relied upon by customer in making in decisions, and shall not give rise to any liability on the part of EES/EOL Customer should direct regulatory advice questions to its own attorney or qualified professional. _ Customer represents and warrants that it is in compliance with all applicable laws and reguladon5Nei&rdmg the generation, handling and storage of all wastes provided to EES/EOI. Customer further represents and warrants that all waste tendered to_EES/EOI meets the definition of Gsse(Toil'pursuant to California H & SC 25250.1 or in the alternative, has been properly characterized pursuant tb 22 CCR, 66262.11 and identified to EES/BOL Customer warrants that used oil contains less than 1,000 ppm halogens, less than 5ppm. polychlorinated biphenyl compounds (PCBs), and has a flash point greater than 100 degrees Fahrenheit. Customer has made this determination by,testingg the waste in accordance with applicable state and federal guidelines; or applying knowledge of the wase in fight of the process or r ate$ais"used. EES/EOI hereby notifies Customer that EES/EOL handling, manifesting, transport, storage, recycling— treatment or disposal of Customer's waste is conducted in reliance upon customer's compliance with these laws and regulations, including without limitation. Customer's proper characterization of its wastes. Customer herebv understands and acknowled es that EES/EOI intends to rec cle Customer's used oil into a valuable product and consistent with app!cable law,may commipgle Customer s used'oil with ap from other venerators in transport trucks and/or storage tanks prior to any sampling of such used oil by EES/EOI for the purpose of facilitating this recycling activity. Customer agrees that Customer shall be responsible for anv and all damages including without limitation the cost of cleaning equipment and disposing of commingled.feedstock caused by anv contaminates on Customer's waste (including without limitation p0lychlOnnnted W hen is and other fisted wasted) winch render waste unsuitable for recycling by EES/EOI whether or not Customer had knowledge of such contaminates Customer agrees to indemnify, defend (with legal counsel acceptable to EES/EOI and its ol5cersdirectors shareholder, employees.agents and successorsand assigns from and against any and all claims demands cost, and expenses (including without limitation costs of suit, reasonable attorneys fees consultor fees) res once and disposal costs, penalties, fines and punitive damages (colectivley "Liabilites") whether in respect to death personal inion property damage cleanup and removal expense,cost recovery contribution or otherwise arising out of or in connection with Customer's breach of any representation warrantv or covenant set forth herein or Customers handling, usegeneration, characterization stora a treatment or other management transportation,or remediation of its wastes except to the extent that such Liabilities were caused by EES/EOI negligence or other wrongful conduct. In the event of any legal action ansing out of any breach or alleged breach of this agreement or to enforce any provision of tins agreement the prevailing parting shall be entitled to recover reasonable fees and related expenses including arbitration and court costs attorney's Signer guarantees the payment of EES/EOI invoices m accordance with the standard terms on Net 30 days. If a purchase order is not issued. the employee authorizing the work to be perforated guarantees that any invoices presented will be payed promptly. Prompt payment is defined as payment in accordance with EES/EOI standard terms of Net 30. Invoice payment is not contingent upon payment by a third party. Interest on past due accounts will be charged at the rate of 1.5% per month until paid. If EES/EOI employees arrive on-site and cannot perform work due to causes beyond Evergreen's control, standby fees will be charged at EES/EOI normal billing rate. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of the work order on invoice, the prevailing party shall be entitled to recover attorney's fees and related expenses. in addition to anv other relief to which that party may be entitled. I hereby certify that all information in this and all attached documents contains true and accurate descriptions of the waste. All relevant information regarding known or suspected hazards associated with the waste has been disclosed. I also acknowledge that I have read and agree to the terns on this form. Pursuant to CCR Tide 22. Section 66264.12,Evergreen Oil, Inc. and Evergreen Environmental Services, have the pennits for and will accept the waste manifested to EES/EOI facilities so long as it meets the approved acceptance criteria.