Generator Status. (a) As among MDTA, MDOT, and the Phase Developer, the Phase Developer will be deemed the generator under 40 CFR, Part 262 with respect to any Phase Developer Hazardous Materials Release. The Phase Developer will be identified as the generator of the relevant Hazardous Materials on waste manifests and any other documentation submitted to transporters, disposal facilities, or any Governmental Entity. (b) With respect to Pre-existing Hazardous Materials or any Hazardous Materials Release other than a Phase Developer Hazardous Materials Release: (i) as among MDTA, MDOT, and the Phase Developer, the Phase Developer will not be deemed the generator under 40 CFR, Part 262; (ii) the Phase Developer will not be designated as the generator on the waste manifest or any other documentation submitted to transporters, disposal facilities, or any Governmental Entity. (iii) if MDOT requires the Phase Developer to take Remedial Action under Section 9.4 (Hazardous Materials), the Phase Developer shall: (A) prepare waste manifests for review and approval by MDOT (prior to the time that the Hazardous Materials are loaded on the transport truck on the Phase Site) (B) provide all related forms and approvals required for transportation and disposal of the Hazardous Materials; (C) provide copies of the waste manifests and related forms to MDOT on the date of transport; and (D) provide the final signed manifests and receipt(s) from the receiving/disposal facility to MDOT upon receipt of such documents. (c) If MDOT requires the Phase Developer to take Remedial Action under Section 9.4 (Hazardous Materials) with respect to Pre-existing Hazardous Materials or any Hazardous Materials Release other than a Phase Developer Hazardous Materials Release: (i) the Phase Developer shall not transport the relevant Hazardous Materials unless MDOT has received, reviewed, approved, and signed (as required) any waste documentation, and reviewed and signed the manifests; and (ii) the Phase Developer shall give MDOT at least 48 hours' prior notice before transporting the relevant Hazardous Materials.
Appears in 2 contracts
Sources: Public Private Partnership Agreement, Public Private Partnership Agreement