Waste Disposal Agreements between JST and the Following customers were executed
during 1999 to 2000
Customer Rate per Ton
------------------ ------------
Dallas Contracting $26.00
Covent Disposal $26.00
P & N Recycling $25.00
Xxxxxxxxx $26.00
Xxxx Xxxxxxx xx, Inc $25.00
Lertch Wrecking $26.00
Xxxxxxxx Trucking $25.00
Xxxx Xxxxxxx
Equipment & Demo* $26.00
Lakestreet $23.00
Xxxxx & Sons $25.00
Trinity Transportation $25.00
Easter Freight $24.00
* filed herewith
All customer agreements expire December 31, 2000 or concurrently with the
Company's agreement, if prior.
WASTE DISPOSAL AGREEMENT BY AND BETWEEN
J.S. TRANSPORTATION, INC.
AND XXXX XXXXXX DEMOLITION EQUIPMENT & WRECKING
THIS WASTE DISPOSAL AGREEMENT (hereinafter referred to as "Agreement"),
is entered into on June __, 1999 by and between the J.S. Transportation, Inc.,
with its principal place of business at 000 Xxxxxxxx Xxxx, Xx. Xxxxx, New Jersey
08086 (hereinafter referred to as "J.S. TRANSPORTATION") and Xxxx Xxxxxx
Demolition Equipment & Wrecking., with a principal place of business located at
P.O. Box 734, Camden, New Jersey 08101 (hereinafter referred to as "Franch").
WHEREAS, pursuant to a separate agreement J.S. TRANSPORTATION is
authorized to accept certain non-processible waste types (to be further defined
hereinafter) at the Landfill at the Gloucester County Solid Waste Complex
located in South Xxxxxxxx Township, Gloucester County, New Jersey (hereinafter
referred to as the "Landfill");
WHEREAS, J.S. TRANSPORTATION desires to enter into an agreement with
FRANCH whereby FRANCH would be permitted to dispose of certain non-processible
waste types at the Gloucester County Solid Waste Landfill; and
WHEREAS, XXXXXX has agreed to deliver certain acceptable waste to the
Landfill in accordance with the terms and conditions and fees as are set forth
in this Agreement;
NOW THEREFORE, in consideration of mutual promises, terms and
conditions set forth below, the J. S. TRANSPORTATION and FRANCH agree as
follows:
1. Acceptable Waste is defined as non-processible and/or non burnable
permitted waste types including (a) the non-processible and /or non-burnable
portion of Waste ID Type 13 (bulky waste); the non-processible and/or
non-burnable portion of Waste ID Type 13C (construction & demolition waste);
Waste ID Type 27 (dry industrial non-hazardous waste. Unacceptable Waste
includes (a) Waste ID Type 10 (household, commercial, institutional waste);
Waste ID Type 23 (vegetative waste), Asbestos and (b) hazardous refuse of any
kind or type (including those regulated under 42 U.S.C. 6921-6925 and
regulations thereunder adopted by the United States Environmental Protection
Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat.
2806, 42 (U.S.C. 6901), such as cleaning fluids, crankcase oils, cutting oils,
paints, acids, caustics, poisons, drugs, radioactive materials, fine powdery
earth used to filter cleaning fluid and refuse of similar nature and (b) all
other items of waste which the J.S. TRANSPORTATION reasonably believes would be
likely to pose a threat to health or safety or the acceptance and disposal of
which may cause damage to the Landfill or may be in violation of any judicial
decision, order or action of any federal, state or local government or any
agency thereof, or any other regulatory J.S. TRANSPORTATION or applicable law or
regulations. If any governmental agency or entity having jurisdiction shall in
the future determine that any substance which is not, as of the date of this
Agreement, considered harmful or of a toxic nature or dangerous, is at any such
future time recognized as harmful, toxic, dangerous or otherwise subject to
regulation in any manner as hazardous waste, such substance shall thereupon, as
to future deliveries, cease to constitute Acceptable Waste.
2. Xxxxxx of Delivery (a) XXXXXX agrees to deliver Acceptable Waste in
a clean, orderly and safe manner during scheduled delivery days and hours (as
per Exhibit I) and in such manner that the Acceptable Waste will not be spilled
or blown on the Landfill. Should Acceptable Waste be so spilled or blown due to
the negligence or willful acts or omissions of FRANCH or its subcontractors,
FRANCH will promptly, at its sole cost, collect and remove such spilled or blown
Acceptable Waste and if FRANCH fails to do so, FRANCH shall be liable to the
J.S. TRANSPORTATION for all costs of such clean-up assessed by the Landfill to
J.S. TRANSPORTATION. J.S. TRANSPORTATION and the operators of the Landfill
reserve the right to inspect the contents on any vehicle delivering waste to the
Landfill and may require FRANCH, if it deliveries to the Landfill include
Unacceptable Waste or Hazardous Waste, both as defined herein, to separate all
Unacceptable Waste or Hazardous Waste from Acceptable Waste. If such separation
is impractical, J.S. TRANSPORTATION and/or the operators of the Landfill may
refuse the entire load. XXXXXX agrees to adhere to Landfill safety rules and
regulations at all times while on the Landfill premises as specified in Exhibit
II attached and made a part hereto.
b) For purposes of this Agreement, (i) "Unacceptable Waste" means any
waste other than Acceptable Waste and (ii) "Hazardous Waste" means any chemical,
pollutant, contaminant, toxic substance, hazardous or extremely hazardous
material or substance, radioactive material, or oil or petroleum product, as
such terms or any similar terms are used under any applicable federal, state or
local statutory or common laws, regulations, rules or ordinance relating to
pollution or protection of the environment, natural resources or human health.
3. Removal of Waste FRANCH agrees to remove from the Landfill at its
sole cost any waste rejected by the operators of the Landfill in accordance with
Section 7, and FRANCH shall not be obligated to pay a tipping fee for waste so
rejected. FRANCH will, in the event its waste is unacceptable be required to
segregate such waste and remove it from the Landfill and pay for any costs
assessed to J.S. TRANSPORTATION for such segregation and removal.
4. Landfill Access J.S. TRANSPORTATION and the operators of the
Landfill shall have the right to designate certain highway routes to be used by
FRANCH to deliver Acceptable Waste to the Landfill. FRANCH agrees to utilize
only those Gloucester County designated routes, which shall constitute
reasonable direct access to the Landfill. In accordance with the preceding,
FRANCH will abide by these designated routes for access to or egress from the
Landfill.
The J.S. TRANSPORTATION and the operators of the Landfill may take
whatever action is necessary to insure compliance with the above directives,
including barring the offending truck from the Landfill or termination of this
Agreement, at the sole discretion of J.S. TRANSPORTATION the operators of the
Landfill.
5. Delivery Vehicles FRANCH shall cause all vehicle used for deliveries
of Acceptable Waste to the Landfill to be registered, in safe and clean
condition, and, in good repair. Each delivery vehicle shall not exceed sixty
(60) feet in length.
6. Weighing Procedures The operators of the Landfill shall utilize and
maintain a motor truck scale to weigh all vehicles delivering Acceptable Waste
to the Landfill. Waste vehicles delivering Acceptable Waste to the Landfill
shall have the truck number and all required documentation and registrations
conspicuously displayed on the vehicle. Each incoming waste vehicle shall be
weighed, indicating gross weight, time, point or origin and truck identification
number on a weight record. Each vehicle will also be weighed after unloading.
7. Refusal of Delivery J.S. TRANSPORTATION and the operators of
the Landfill shall have the right without any liability to FRANCH to refuse
deliveries of:
a) Any waste delivered other than during the established receiving hours
as posted by the operators of the Landfill.
b) Any Acceptable Waste which the operators of the Landfill is unable to
accept due to causes beyond its reasonable control.
8. Tipping Fee and Payment FRANCH agrees to pay to J.S. TRANSPORTATION
$26.00 per ton ("short ton" of 2000 pounds), inclusive of all existing taxes
and/or surcharges, of Acceptable Waste actually delivered to the Landfill, by,
or on behalf of, FRANCH. Unless agreed to in writing FRANCH may not deliver more
than 100 ton per. In the event FRANCH delivers more than 100 ton on a single day
J. S. TRANSPORTATION reserves the right to terminate this contract.
J.S. TRANSPORTATION will invoice FRANCH weekly. Invoices will be sent
to FRANCH by facsimile by Monday for the prior weeks disposals. Payments shall
be received by J. S. Transportation from FRANCH on or before the first Friday
following XXXXXX's receipt of the invoice. Payments should be made to:
J.S. TRANSPORTATION
000 Xxxxxxxx Xxxx
Xx. Xxxxx, NJ 08086
Any amount not received on the date when due shall bear a late fee equal to 5%
of the outstanding balance.
In the event that FRANCH is five (5) days in arrears on
payment, J.S. TRANSPORTATION shall have the right to terminate this agreement
without notice of default.
In the event any additional taxes or surcharges are imposed on the J.S.
TRANSPORTATION by any government or regulatory body, other than income taxes,
after the date hereof, the tip fee will be adjusted to reflect such taxes or
surcharges, but only after the J.S. TRANSPORTATION has provided at least thirty
(30) days written notice of such adjustment to FRANCH
9. Term The term of this Agreement shall commence upon the J.S.
TRANSPORTATION's receipt of a fully executed Agreement and shall expire on
December 31, 2000 (the "Term").
10. Limitation of Liability Neither J.S. TRANSPORTATION or the
operator of the Landfill shall be liable for or obligated in any manner to pay
special, consequential or indirect damages, including, but not limited to, loss
of profits for any claims made against it by XXXXXX
11. Applicable Law The laws of the State of New Jersey shall govern the
validity, interpretation, construction and performance of these terms and
conditions.
12. Compliance with Laws Each party shall comply with all federal,
state and local laws and regulations and administrative positions. Each party
has, and will renew, all permits, licenses or permissions of governmental
authorities necessary in connection with the performance of its obligations
hereunder.
13. Notices All notices hereunder shall be in writing with notice
deemed to be given upon receipt, addressed as follows:
If to FRANCH:
P.O. Box 734
Camden, New Jersey 08101
Attn: Xxxx Xxxxxx
If to the J.S. TRANSPORTATION:
000 Xxxxxxxx Xxxx
Mt. Xxxxx, NJ 08060
Attn: Xxx Xxxx
Changes in the respective address to which such notices shall be sent
may be made from time to time by either party by notice to the other party.
Notice given otherwise than by mail shall be effective when received.
14. Franch not to Compete. XXXXXX agrees that for a period beginning
upon execution of this Agreement and for three (3) years following the last date
in which FRANCH delivers waste pursuant to this Agreement, that it shall not
directly or indirectly enter a contract with any entity to deliver waste or any
type of material to the Landfill.
15. Confidentiality. As a condition of this Agreement, the parties and
their agents, employees, and legal representatives agree not to reveal its terms
or conditions nor the amount or range of any payments made hereunder to anyone,
except insofar as disclosure may be required in order to satisfy the needs of
the accounting, financial or legal professionals.
14. Miscellaneous This agreement is the entire agreement between the
parties, and supersedes and replaces all prior and contemporaneous
understandings, agreements and negotiations of the parties as to the subject
matter herein. This Agreement may only be amended by a signed writing of both
parties.
WITNESS the execution hereof as an instrument under seal as of the date first
above written.
J.S. TRANSPORTATION
By:
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XXXX XXXXXX DEMOLITION EQUIPMENT & WRECKING
By:
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