Common use of Right to Refuse Delivery Clause in Contracts

Right to Refuse Delivery. (a) Except as noted in Article 4.2, the Operator may refuse waste delivered at hours other than the specified receiving times. (b) The Operator shall have the right and discretion to inspect any load entering the Operator’s Facility and may refuse: (i) waste for which specific regulatory agency approval is required when approval has not been obtained prior to delivery; (ii) loads containing significant amounts of hazardous waste, provided that inadvertent deliveries of hazardous waste shall not constitute a breach by the 5-County Region of any of its obligations under this Agreement; or (iii) loads containing significant amounts of unacceptable waste. The Operator may refuse delivery of the entire load or only the portion that contains the unacceptable materials. The Operator shall notify waste haulers prior to initial waste delivery of the Operator’s waste monitoring program and expected procedures and responsibilities under such program. (c) The Operator’s Facility may not reject a load of Acceptable Waste from the 5-County Region for any reason except those listed in Article 4.3 (a) and (b). Reaching the average daily permitted capacity may not be used as a basis for rejecting 5-County Region-generated loads of Acceptable Waste.