RECOMMENDED STANDARDS
FOR SANITARY  LANDFILL DESIGN, CONSTRUCTION,
       AND EVALUATION & MODEL SANITARY
         LANDFILL OPERATION AGREEMENT
             This publication (SW-86ts) was jointly prepared by
           The National Solid Wastes Management Association and
              the Federal solid waste management program
            U.S. ENVIRONMENTAL PROTECTION AGENCY
                           1971

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      ENVIRONMENTAL PROTECTION  AGENCY
            An environmental protection publication
         in the solid waste management series (SW-86ts)
For sale by the Superintendent of Documents, U.S. Government Printing Office
              Washington, D.C., 20402 - Price 40 cents

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                         FOREWORD

THE SANITARY LANDFILL is an acceptable and recommended method
for the ultimate disposal of solid wastes. The title of this disposal method is
often mistakenly applied to the open burning dumps that disfigure the U.S.
countryside,  despite the  fact  that the sanitary landfill is an  engineering
project  requiring sound planning  and careful construction with  detailed
plans, specifications, and adequate agreements to assure proper construction
and operation.
  Both public  and  private  organizations  are  deeply involved  in  the
management of solid wastes, by necessity, since the efforts of both groups
are needed to cope with the increasingly complex problems involved. Where
government chooses to utilize private enterprise as an integral part of a total
solid waste management system, mutually agreeable arrangements  must be
developed  to protect both. The recommended  design and construction
standards  and the model sanitary landfill agreement were developed by the
National Solid Wastes Management Association and the  Federal solid waste
management  program for the  use  of government and industry  in their
negotiations. The evaluation technique was developed by the Federal solid
waste management program (now part of the U.S. Environmental Protection
Agency). Because of the nature of any model, individuals utilizing this model
should  modify the content to fit their particular project. The purposes of the
recommended standards and model agreement are to provide  the necessary
framework to assure the development of satisfactory  arrangements between
government and industry, and proper design and construction of a sanitary
landfill.
                                ill

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                           SANITARY LANDFILL
        DESIGN, CONSTRUCTION, AND  EVALUATION
  A sanitary landfill is an engineered method
in which solid  wastes are  disposed of by
spreading them  in thin layers, compacting
them to the smallest practical volume, and
covering them with  earth  each  day in  a
manner that minimizes environmental pollu-
tion.
  While it is possible to construct a sanitary
landfill  on nearly all topographies,  some land
formations are more difficult than others to
use.  This makes each sanitary landfill some-
what different, and it would be impossible to
delineate  the techniques required at  every
potential   site.   The  discussions  in  this
document  are  intended  to  cover  those
features and procedures that are intrinsic to a
good sanitary landfill operation.
  The  recommendations  in  this  document
suggest  the basic requirements involved  in
designing and  constructing a sanitary landfill.
In addition, an evaluation method is provided
to enable the operator,  designer,  or control
agency  to  determine whether the  site  is
achieving a good  operation.  The  evaluation
method is divided into two sections:  the first
discusses those requirements that must be met
before a site can  be called a sanitary landfill;
the  second covers items that upgrade  the
overall operation  but must be judged in terms
of   local  requirements.  The   evaluation
procedure includes a checklist recommended
for  field use by those familiar  with the
evaluation.
  The  Solid Waste  Management Office has
developed  the evaluation  method  for the
express  purpose  of providing a tool that  a
community, organization, consultant, official,
or citizen can use to  judge  the design and
construction of any site under consideration.
The  use of this document no way guarantees
that  good  design and construction  can be
achieved, but  if the principles advanced are
understood  and  applied, good design and
construction will certainly be easier to attain.
      SANITARY LANDFILL DESIGN
        Site Location Requirements

  The disposal site shall: (1) be easily access-
ible  in  any kind of weather to  all  vehicles
expected to use it; (2) safeguard against water
pollution originating from the disposed solid
waste; (3)  safeguard against uncontrolled gas
movement  originating from the disposed solid
waste; (4) have an adequate quantity of earth
cover material that is easily workable,  com-
pactible, free  of  large  objects that would
hinder  compaction,  and does not  contain
organic matter  of  sufficient quantity and
distribution conducive to the harborage and
breeding of vectors; (5) conform with land
use planning of the area.


                Site Design

  The  project plan shall  include a general
location map and topographic map of the area
showing land use and zoning within 1/4 mile
of the  solid waste disposal site. The topo-
graphic map shall be of such a scale that it
shows   all   homes,   buildings,   wells,
watercourses,  dry runs, rock outcroppings,
roads, and other pertinent details.
  The project plan shall also include a plot of
the site that  shows  dimensions,  location of
soil  or rock  borings,  proposed trenches  or
original fill face, winter cover stock piles, and
fencing. Cross sections shall be included on
the  plot  plan or  on  separate sheets that
illustrate both the original  ground  and pro-
posed  fill  elevations. The  scale  of the plot
plan  should not be greater than 200 feet per
inch.
  A  report shall accompany the plans regard-
ing; (1) population and area to be served; (2)
anticipated types, quantities, and sources  of
solid  wastes  to  be  disposed  of;  (3) site
geology, hydrology,  and soil conditions; (4)

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source and pertinent engineering properties of
cover material and the projected method of
protecting it for winter operations; (5) types
and  numbers of equipment to be used for
excavating, earth moving, spreading, compact-
ing and  other purposes; (6) persons respon-
sible   fo*r   the  actual  operation   and
maintenance of the site and intended operat-
ing procedures;  (7)  ultimate  plan for  the
completed site.
   The design  of the sanitary  landfill  shall
include one  or more topographic maps at a
scale of not over 200 feet to the inch; contour
intervals shall  not exceed 5 feet. The maps
shall show: the proposed fill area; any borrow
sections; access roads; grades for proper drain-
age of each lift required and a typical cross
section of  a lift; special drainage  and gas
control devices if necessary;  fencing; equip-
ment shelter; existing and proposed utilities;
employee  facilities;  and  all other pertinent
information to indicate clearly that the sani-
tary landfill will be developed, operated, and
completed in an orderly manner.
   The sanitary landfill should be designed by
a registered professional engineer.

         Operational Design Features

   The disposal site shall  be provided with
operational   features  and  appurtenances
necessary to  maintain  a clean and  orderly
operation; (1) control of access to the site by
fencing or  other  suitable  means; (2)   an
all-weather  access road (if excessively bad
weather makes the working face inaccessible,
it  may be necessary to provide a landfill area
near the  entrance  to the  site; (3) suitable
devices, such as portable  fences,  for  litter
control.
   In addition to the required features, there
are others that are highly recommended: (1)
operational plans to direct and control the use
of the site; (2) signs indicating traffic flow,
hours  of  operation,  and  any  charges  for
disposal;  (3)  scales  for weighing  the solid
waste received (in a small operation periodic
weighing on  public or other scales is accept-
able;  (4)  dust control methods (these  may
require the use of chemicals,  oils,  or water
sprays); (5) communication devices for emer-
gency  use and for  operational  control; (6)
electrical  service for operations  and repairs;
(7) fire protection and fire-fighting facilities
adequate  to ensure  the safety of employees
and  provisions for  dealing with accidental
burning of solid  waste in the  landfill; (8)
first-aid equipment and training.

      Personnel and Personnel Facilities

   In  order  to man  and  operate  the  site
adequately  the following are recommended:
(1)  a trained  supervisor  or  foreman  and
trained equipment operators; (2) a shelter for
employees to use during inclement weather;
(3) a potable  water supply for landfill  per-
sonnel  and  collection  crews; (4)  sanitary
toilets on or near the  site; (5)  training in the
proper and safe operation of all equipment.

                Equipment

  To assure  safe and  efficient operation the
following  are required: (1) sufficient equip-
ment for spreading, compacting, and covering
operations;  (2) arrangements whereby alter-
nate equipment is provided within 24 hours
following an equipment breakdown.
  As a further aid,  the following are recom-
mended: (1) safety  devices on equipment to
shield and protect operators; (2) maintenance
and storage shelters.
 SANITARY LANDFILL CONSTRUCTION
                  General

  Certain operations must be carried out:
  1. Access to the site must be controlled to
keep unauthorized persons  out and to assist
the landfilling  operation.  (Access  shall  be
allowed only  when  an  attendant is on duty
and only to authorized users.)
  2.  Burning  of waste  material  shall  be
prohibited.

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   3.  Blowing  paper shall  be controlled  by
 providing a portable fence  near the  working
 area,  and the entire area shall  be policed at
 least daily.
   4.  Salvaging  and  scavenging shall  not  be
 allowed at the working face.
   5. Provision shall be made to ensure that no
 pollution of surface  or   ground water is
 created.
   6.  Provisions  shall  be   made  for on-site
 control of potential  gas movement from the
 landfill.
   Other  operations  are   strongly   recom-
 mended:
   1.  Operational records  should be main-
 tained daily. They  should  include the type,
 weight, and volume of solid wastes received;
 type and volume  of cover material used; the
 portion of the  landfill used (determined  by
 cross  section  and  survey);  any  deviations
 made from the original plan of operation; and
 equipment maintenance and cost records. A
 monthly  report  should  be  prepared  that
 describes the amounts of solid waste received,
 the area of the fill used, the volume of the fill
 used, and the amount  of the cover  material
 used. The report  should be submitted to the
 appropriate  governmental  agency.  Cost
 records should  be  maintained  and  should
 conform to those  recommended by the Solid
 Waste  Management Office in An Accounting
 System for Sanitary Landfill Operations, U.S.
 Public Health Service Publication No. 2007.
   2.  Upland  surface  drainage  should  be
 diverted around  the site to control infiltration
 at the fill site  and  erosion of the  in-place
 cover material.
   3. Conditions unfavorable  for  the  habita-
 tion and production of insects and  rodents
 should be maintained by carrying out sanitary
 landfill  operations  promptly  and  system-
 atically. It is recommended that  the  site be
inspected  regularly by  an independent pest
control firm  and certified reports  submitted
to  the  appropriate  government  agency.
Supplemental vector control measures should
be  instituted  when  necessary.   Domestic
animals should be excluded from the site, and
proper control  measures should be used to
control wildlife, when necessary.
   4.  A detailed description and a plat of the
completed  fill   site  (as  built)  should  be
recorded with the proper local agency respon-
sible  for maintaining titles and records of land
to provide notice to future users and owners
of the site.  The detailed  description should
include  but not be  limited to:  type  and
location of  pollution controls, and original
and final terrain descriptions.
   5.  Continual  training of personnel in the
proper operation of a sanitary landfill should
be provided.

                 Landfilling

   Certain  procedures  are required  during
landfilling:
   1.  The working face shall be as small an
area as the equipment can safely and efficient-
ly operate in.
   2.  The  solid  waste shall  be spread  and
compacted in thin layers. In the construction
of each cell, it shall be spread into layers that
do  not exceed  2 feet prior  to compaction.
The number of layers incorporated into a cell
depends on the  design and configuration of
the site.
   3.  All solid  waste shall  be covered  daily
with at least 6 inches of compacted soil. Daily
cover  has three  main functions:  to provide
insect and  rodent  control,  to provide  fire
breaks between cells, and to prevent exposure
and blowing of litter and to offer an aestheti-
cally  pleasing site at the end of the working
day. The in-place cover must be maintained
until  further filling or the addition of final
cover is made.
  4.  Final  cover  shall be  applied to  any
surface that represents the final grade of the
sanitary landfill;  2  feet of compacted soil is
required. Trees, shrubs, and other plants often
require more than two feet of soil to grow.
Suitable grasses should be planted to prevent
erosion and  surface deterioration. Final cover
shall be placed over  any completed section of

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the fill within 7 days following the placement
of solid waste within that portion.
   Other procedures  are recommended during
landfilling:
   1.  Supervision  should  be  available  to
coordinate all unloading activities.
   2.  Special provisions should  be made for
vehicles being unloaded by hand so that the
flow of mechanically unloading vehicles is not
impaired.
   3.  Final cover should  be graded to drain
surface run-off  water. For this reason,  it is
best to slightly overdesign initial  grades so
that when settlement occurs, the surface will
be sufficient for good  drainage.  The   top
surface should slope 2 to 4 percent,  and the
side slopes should not be  so steep as to cause
an erosion problem.

           Special Waste Handling

   Handling and  disposing of waste  sludges,
waste liquids, and hazardous materials shall be
given  special consideration  with  regard to
water  pollution and the health and safety of
employees.   Large   bulky items  should  be
reduced   in  volume before  daily  cover is
applied.

         Supervision and Inspection

   The following recommendations apply:
   1. The  supervisor of the operation should
be  an  individual who has had experience in
earthmoving, waste handling, and disposal.
   2.  Routine inspection  and evaluation  of
landfill operations  should be  made by a
representative of the appropriate regulatory
agency. A notice of any deficiencies, together
with any  recommendations for  their correc-
tion,  should be  provided to the  owner or
agent responsible for the use of  the land and
the appropriate  individual or firm or govern-
mental  agency  responsible for  the  landfill
operation.
   3.  A   representative  of the  appropriate
regulatory agency should inspect  the com-
pleted sanitary  landfill  before  the earth-
moving  equipment  is  removed,  and  any
corrective work should be performed before
the landfill project is accepted as completed.
Arrangements should be made for all cracked,
eroded, and uneven areas in the final cover to
be  repaired  as required  during  the  years
following completion of the fill.

   SANITARY LANDFILL EVALUATION

   This  evaluation  method  is  intended  to
measure the  level of  acceptability  of the
operations taking place at a disposal site,  as
well as to provide an overall comparison of its
suitability to that of other evaluated sites.
The evaluation  consists of  two subsets  of
evaluative criteria. The  first subset comprises
10 Requirements,  all  of  which  must  be
satisfied if the site is to qualify as a sanitary
landfill.
   If the operation is a sanitary landfill, the
&econd  subset  (13 Recommended  Items) is
provided to  achieve a broader evaluation  of
other features of sanitary landfill design and
construction. Operations vary due to size and
locality, and  certain items  may not be  re-
quired.  An exceptional sanitary landfill would
meet all Requirements and Items.
   Each Requirement and Item in the evalua-
tion is  followed by a  statement of what is
needed   to  qualify, the  reasoning  for the
statement, and the criteria that must  be met.
The sanitary landfill should be inspected in
detail in order to complete the evaluation.  (A
suggested check list  is included to aid in the
evaluation.) Some criteria will require that the
operator or  supervisor answer certain ques-
tions, and precautions should be taken, there-
fore,   to assure  that  the  questions  are
understood and that the answers are reliable.
If  possible,  written  documentation  should
support the answers.

       Sanitary Landfill Requirements

   Requirement A: Open Burning Prohibited.
No solid waste shall  be  burned at the sanitary
landfill.

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Basis:  Open burning  of solid waste  creates
odors,  air  pollution,  and  fire and  safety
hazards.  It  also  adversely  affects  public
acceptance of the operation and proper  loca-
tion of future  sanitary landfill sites. Local
laws that allow or require the open burning of
such  materials  as  diseased  elm  trees  and
condemned dry  foods are outmoded.  Such
materials can either be incorporated  within
the sanitary landfill or disposed of in such a
manner  as to  prevent  health hazards  or
nuisances. Open   burning  for  any  reason
converts the operation to  that  of the  open
dump.

Open burning of solid waste on the site  is
prohibited at all times, Yes^No	

   Requirement B: Access Limited. Access to
a  sanitary landfill shall be  limited to those
times when an attendant is on duty and only
to those authorized to dispose of solid waste.

Basis:   If  public  use is  allowed  when no
attendant is on duty, scavenging, burning, and
indiscriminate  dumping   commonly  occur.
Men and equipment must then be diverted to
restore  sanitary  conditions. When access  to
the site during operating hours is limited  to
those authorized, traffic and other accident
hazards are minimized.

Access  by  unauthorized  vehicles  or  pedes-
trians is controlled. Yes	No	

   Requirement   C:  Spreading   and  Com-
pacting.   Solid  waste  shall  be  spread in
uniform layers not over 2  feet thick prior to
compaction.

Basis:  Successful  operation and maximum
utilization of a  sanitary landfill depend on
adequate  compaction of the solid  waste. In
addition,  settlement will  be excessive  and
uneven if this is not done. Settlement permits
invasion  by insects and rodents and severely
limits the usefulness of the finished area.
   Compaction is best initiated by  spreading
 the solid waste evenly in shallow layers, and
 better compaction is achieved if the working
 face is operated on a slope. Further compac-
 tion  is  provided by  the repeated  travel of
 equipment  over  the layers and,  if necessary,
 by the use of special equipment.

 Solid waste is properly spread and compacted.
   Requirement D:  Daily Cover.  A  uniform
 compacted  layer of at  least 6  inches of
 suitable earth cover  shall be placed on all
 exposed  solid waste by the  end  of  each
 working day.

Basis:  Daily  covering is  necessary to prevent
insect  and rodent infestation,  blowing litter,
fire hazards,  an unsightly appearance, and to
control gas and water movement. Fly emer-
gence  generally is prevented by 6 inches of
compacted soil.  Daily covering  also divides
the  fill into  "cells"  that  will limit   any
underground fires that might occur. The cover
material should be easily workable and com-
pactible, should be free of large  objects,  and
should not contain  organic  matter of suffi-
cient quantity and distribution conducive to
the harborage and breeding of vectors.

A  uniform,  compacted layer  of at least  6
inches  of suitable earth cover is used for daily
cover.  Fes_  No _

  Requirement E: Final  Cover. A uniform
layer of earth cover compacted to a minimum
depth  of 2 feet shall be placed  over the entire
covered surface of each portion  of the final
lift. This shall be done not later than  one
week following the placement  of solid waste
within that portion.

Basis:  A minimum final cover of 2 feet of
compacted suitable  earth  cover will  prevent
emergence  of insects from  the compacted
solid waste,  minimize the excape  of odors,

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prevent rodents from burrowing, provide for
control of gas and water movement, support
plant growth, and  provide an  aesthetically
acceptable  finished  site.  This  cover also
provides  an  adequate  bearing  surface for
vehicles  and  is  of sufficient thickness for
cover integrity in the event of settlement or
erosion.   Workability   and  compaction
characteristics should  at  least  equal those
provided for daily cover.

A   minimum  final  cover of  2  feet  of
compacted  earth cover  is  used as  stated.
Yes—No—

  Requirement F: Environmental Protection.
The location and the operation must have the
approval  of  the appropriate governmental
agency,  such  as  the  State  Department  of
Health. There shall be no contamination of
ground or surface waters  by deposited solid
wastes  or their products  of decomposition,
and no hazard or nuisance caused by gases or
other products generated by the biologically
or chemically active wastes.

Basis:   Location,  nature  of   the   waste
deposited, and  substandard operational pro-
cedures  may  lead  to pollution of  surface
waters or underground aquifers. Unless proper
standards  of  location  and  operations are
followed  offensive and dangerous concentra-
tions of gases may occur in the  soil or above
ground and adversely affect the environment.
It may be  necessary to provide special con-
struction techniques or  alter operations to
control such conditions.

Solid waste is placed so that the environment
is not  and  will  not  be adversely affected.
Yes—No	

  Requirement G: Blowing Litter Controlled.
Blowing litter shall  be controlled by  fencing
placed near the working area or  by the use of
earth banks or natural barriers. The entire site
shall be policed at least daily. Unloading shall
be performed so as to minimize the scattering
of the solid waste.

Basis: The purpose  of the sanitary landfill is
to dispose of  solid waste in a nuisance-free
manner. If papers and other light materials are
scattered  and  the area is  not policed, fire
hazards, nuisances, and unsightliness result.

Blowing Utter  is controlled and the  site and
surrounding   area   routinely   policed.
Yes—No—

  Requirement H:  Salvage  Prohibited,  Sal-
vaging shall not  be permitted at the  working
face of the sanitary landfill. *

Basis: Nothing can be tolerated that interferes
with  the prompt sanitary  disposal  of solid
waste. Salvaging at  the working  face  delays
the filling operation  and  creates  unsanitary
conditions.  The  accumulation  of  salvaged
materials  also provides harborage for vectors
and  promotes an unsightliness that can be
detrimental to public acceptance of the opera
tion.

Salvaging is never allowed at the working face.
Yes—No-

  Requirement  I:   Operational   Considera-
tions. Provision shall be made for all-weather
access roads leading to the disposal  site, and
written  provisions  and guarantees  shall be
made for the replacement of operating equip-
ment when it is down for more than 24 hours.

Basis: The purpose of a sanitary landfill is the
immediate disposal  of solid waste, because
this results in the elimination of nuisances and
produces an  aesthetically acceptable  opera-
tion.  A major breakdown of operating  equip-
ment for more  than  24  hours  reverts the
   *Any salvage or reclamation of solid waste materials must
take place in a systematic and controlled manner at some site
other than the operating area. If such a facility is physically
located  on the same land plat or nearby, it should not be
considered part of the sanitary landfill operation.

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sanitary  landfill operation to an open dump.
Access  roads  that  are  not negotiable by
collection vehicles cause unnecessary delays in
the disposal operation.
   Sanitary  landfills  utilizing  more than one
piece of equipment are  normally  able  to
operate efficiently even if one piece of equip-
ment has a major breakdown because it may
have  sufficient  reserve   capacity.  Smaller
operations  that  involve  only one piece  of
equipment require some type of prior written
agreement that guarantees the equivalent  of
standby  equipment within 24 hours after any
major breakdown.
   Heavy duty use of equipment requires that
a  schedule of inspection and maintenance be
followed to keep it operational under normal
conditions (See Recommended Item 5).

Provisions  have  been  made to  assure  all-
weather  access roads and to guarantee the
equivalent of standby equipment  within 24
hours following major breakdown  to normal
operating equipment. Yes_No—

   Requirement J: Special Waste  Handling.
Toxic,   pathogenic,  corrosive,  flammable,
explosive, and other hazardous wastes shall be
handled only if special provisions are made.

Basis: Materials such as oil sludges, chemical
wastes, magnesium shavings,  empty pesticide
containers, and contaminated medical wastes
can be a special  hazard to employees and to
the  environment if their  presence  is not
known or if they are improperly handled. The
site  must  also have special evaluations  to
determine that there will be no adverse effects
on the environment.

Suitable   procedures  are  established  and
followed for disposal of special wastes or the
wastes are excluded.  Yes	No	

   Sanitary Landfill Recommended Items

   ITEM   I:  Instructions  for Users.   Signs
should be posted that clearly  indicate the
purpose  of  the operation,  the  owner or
operator of  the site,  hours of  operation,
instructions for after-hours delivery, materials
accepted or excluded, fees charges, and emer-
gency telephone numbers.

Basis: The site is typically intended to include
use by the  general public, and guidance must,
therefore, be given regarding the location and
purpose of the activity and its relationship to
the  user.  Proper  use   of the site  is  not
guaranteed, but instruction is an essential step
in gaining compliance.
  A sanitary landfill may sometimes be called
a "land  reclamation project" or  something
similar but never a "dump," because this term
connotes an  unacceptable  operation. Provi-
sion of some method of  storage, such  as a
bulk  container  near the gate,  is an added
service for the  small hauler or householder
who arrives after hours. Persons arriving at the
site  should quickly  be  able to determine if
their material will be accepted and if so, the
cost per unit (ton, cubic yard, etc.).  If there
should be an emergency such as a  fire, either
during or after working hours, or  a person is
injured, clearly posted numbers will  expedite
obtaining assistance.

Suitable informational and directional signing
is provided  at  the entrance  and/or other
appropriate locations. Yes.	No	

  ITEM 2:  Measuring  Facilities.  Provision
should be  made for weighing or  adequately
measuring all the solid waste delivered.

Basis:  A  suitable  method  of  measuring
incoming or deposited solid waste  is desirable
to  provide a  reliable  quantity of  data to
determine trends and to estimate needs. Esti-
mates of volumes based on truckloads rather
than weights are misleading. Weighing is the
best basis  for establishing fees,  and scales
should be required as an integral part of the
operation. Determination of the volume incre-
ments in deposited solid waste may be done

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by  making periodic volumetric surveys; this
permits the use-rate and remaining capacity of
the site to be evaluated.

Suitable fixed or  portable scales  have been
installed and are  used continuously, or  the
sanitary landfill is  routinely "cross-sectioned"
at least every 30 days to determine volumes in
place. Yes_No	

  ITEM 3:  Communications.  Telephone or
radio communications should be provided.

Basis:  Communications  are  desirable  at  the
generally remote sanitary landfill sites, in case
of emergency. If the sanitary landfill is part of
a combined  collection and disposal system,
good communications will  result in  better
performance  throughout the system.

Reliable communications are installed at the
site. Yes	No	

  ITEM  4:  Employee Facilities.  Suitable
shelter  and sanitary facilities should be pro-
vided for personnel.

Basis:  Shelter  should  be  available  to em-
ployees during inclement weather, and toilet
and handwashing facilities are desirable,

Permanent or temporary shelter of adequate
size is provided  along with  safe  drinking
water,  sanitary handwashing  and toilet facili-
ties, suitable  heating  facilities, screens, and
electricity (if needed).  Yes	Afo__

  ITEM  5:  Equipment Maintenance.  Pro-
vision  should be  made  for routine mainten-
ance of equipment and  for prompt repair or
replacement.

Basis:  Equipment  breakdowns of a day or
more result in the accumulation of uncovered
solid waste (as at  an open dump) with all the
attendant  health   hazards  and   nuisances.
Systematic,  routine maintenance  of  equip-
ment  reduces  repair  costs,  increases  life
expectancy, and helps to prevent breakdowns.
In the event of a breakdown, prompt repair of
equipment will materially shorten down time.

Facilities for routine maintenance are avail-
able,  and provisions for  major maintenance
and repair have been made. Yes.	No	

   ITEM  6: Unloading Area  and Working
Face. The  unloading of the solid waste should
be controlled and restricted to an area where
the material can easily be incorporated into
the working face with  the equipment avail-
able.

Basis: Proper operation requires  systematic
placement of the solid  waste  in a restricted
unloading  area.  Unloading must be  coordi-
nated with spreading  and compacting. Con-
trolled  unloading  reduces work,  conserves
landfill volume,  permits better compaction,
minimizes   scattering  of  solid  waste,  and
expedites unloading.
   The  type and size  of the unloading area
depends  on  the  amount  of  solid  waste
received, the type  of operation, and the  size
of the working  face. A large  working face
increases   the  area to  be  compacted  and
covered, with resulting high cost, delays,  and
unnecessarily exposed solid waste.

Unloading is controlled at all times  by signs or
a  supervisor, and the size of the unloading
area  is  balanced with the size of the working
face  to allow collection  vehicles  to  unload
promptly.  Yes	No	

   ITEM 7: Fire Protection. Suitable measures
should  be  taken  to  prevent  fires  and  to
control them if they start.

Basis:  Fires  endanger   life  and  property.
Smoke and  odors are  nuisances  to  nearby
property owners, endanger disposal personnel,
and interfere with  sanitary landfilling opera-
tions. Deliberate  burning makes sanitary land-
fills almost the equivalent of open dumps.

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An adequate  supply of hoses and of water
under  suitable  pressure  is  available or  a
stockpile  of earth is  maintained reasonably
close to  the working face  of  the  fill to
smother fires; suitable fire extinguishers are
on all  equipment and in all buildings.  Yes
-.NO-

   ITEM 8: Bulky Waste Handling. Large or
bulky items,  sewage solids or liquids (septic
tank  or cesspool pumpings,  sewage  sludge,
and grit),  and other materials that are hard to
manage should be disposed of only if special
provisions are made.

Basis:  Sewage solids or liquids  are hard to
handle,  potentially infectious, and capable of
creating  health  hazards or nuisances if  not
properly handled. When the sanitary  landfill
design  includes  special  provisions for  the
disposal of such large or bulky  items as car
bodies,  refrigerators, water  heaters, demoli-
tion wastes, tree  stumps, logs and branches,
they need not be excluded.

Suitable  procedures  are  established   and
followed  for  disposal  of  hard-to-handle
materials.  Yes—No—

   ITEM  9:  Vector   Control.   Conditions
unfavorable for  the  production of insects and
rodents should be maintained by carrying out
routine  operations promptly  in  a systematic
manner.    Supplemental  vector   control
measures can be instituted if necessary.

Basis:  Proper operation  denies  insects  and
rodents food  and harborage.  Incoming solid
waste loads and a rural setting are, however,
natural  environments   for  vectors.  If  any
appear,  a  supplemental vector  control pro-
gram will quickly eliminate them.

Vector  control   is  adequately  provided.
Yes—No—

   ITEM 10: Dust Control. Suitable control
measures should be taken  wherever dust  is a
problem.
Basis:  Excessive dust  at the sanitary  landfill
can  slow down operations,  cause accidents,
harm equipment,  create  aesthetic problems,
and lead to injuries.

Dust control measures are applied as needed.
Ye ^.NO-

   ITEM 11: Accident Prevention and Safety.
Employees should be  instructed in the prin-
ciples  of first  aid  and  safety and  in the
specific  operational  procedures  necessary to
prevent  accidents.  An  adequate  stock  of
first-aid supplies should be on hand.

Basis:  The use of heavy earth-moving equip-
ment,  the maneuvering  of collection trucks
and  other vehicles, and the infectious, explo-
sive, or flammable items that may be  in solid
waste can create accident hazards. Since some
sites are in remote locations, it is particularly
important that  personnel  be   oriented  to
accident  hazards, trained in first  aid, and
provided  first-aid supplies.  For reasons  of
safety, only those authorized to use the site
should have access to it.

Employees are given periodic safety training,
an  adequate first-aid  kit  and  at least one
employee trained in first-aid are available at
the site at all times. Yes	No—

  ITEM 12: Drainage and Grading. The entire
site should be graded or  provided with drain-
age  facilities to  minimize  runoff  onto the
sanitary  landfill, to prevent the erosion  of
earth cover, and to drain rain water from the
surface of  the sanitary  landfill.  The  final
surface of  the sanitary  landfill should  be
graded to a slope of at least  one percent, but
no surface slope should be so steep as to cause
erosion of the  cover. The  surface drainage
should  be consistent  with  the  surrounding
area  and  should  in  no way adversely affect
proper drainage from adjacent land.

Basis:  Runoff from  lands adjacent to the site,
unless  diverted, and  rain falling on the surface

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10
of  the  site may percolate into the sanitary
landfill  and contaminate  either ground or
surface waters.  Cover material may also be
removed by erosion, and standing water may
permit  mosquitos to breed or interfere with
access,  unloading, compacting, or  placement
of  cover. To have the sanitary landfill recog-
nized  as an acceptable  solid  waste disposal
method, it is  important  that  the  complete
sanitary landfill  blend  with its surroundings
and not impair adjacent land usage.

The sanitary landfill is  properly graded and
drained. Yes	./Vo__

  ITEM 13: Plan Development and Execu-
tion.  A sanitary landfill should be planned
and  designed   by   a   qualified  individual.
Planned use of the site following construction
should  be an integral part of the  planning,
design, and construction. A daily log should
be  maintained  by  the  supervisor to record
such  operational information  as  type  and
quantity  of solid waste received,  type  and
volume of cover material used, the portion of
the site used, and deviations made  from the
plans  and  specifications.   A  copy of  the
original plans and specifications, a copy of the
daily  log,  and  a  plan of  the  completed
sanitary landfill should be filed with the local
governmental  agency  responsible for  main-
taining titles to land.

Basis:  Completed sanitary  landfill  sites are
ultimately utilized for a variety of  purposes.
When  the ultimate use  of the site  is known
beforehand, the operation can be planned so
that suitable building sites, roads, and utilities
can  be provided.  Final grades can  be  estab-
lished  and allowances  made  for landscaping
and  drainage. A record of the construction of
the sanitary landfill  is necessary for the most
efficient utilization of the completed site and
for  the  prevention of health hazards  or
nuisances.

Plans,  record  keeping, and  reporting  are
achieved as delineated above. Yes	No	

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                                                                                    11

                          Sanitary Landfill Evaluation Checklist



                 Requirements                                   No              Yes

  A. Open Burning Prohibited                                  	         	_
  B. Access Limited                                           	         	
  C. Spreading and Compacting Accomplished                   	         	
  D. Daily Cover Applied                                      	         	
  E. Final Cover Applied                                      	         	
  F. Environmental Protection Provided                         	         	
  G. Litter Control Provided                                   	         	
  H. Salvage Prohibited                                       	         	
  I. Operational Considerations                                	         	
  J. Special Waste Handling                                    	         	

              Recommended Items

    1. Operation Instructions for Users Provided                  	         	
    2. Measurement Provided                                   	         	
    3. Communications Available                               	         	
    4. Employee Facilities Provided                             	         	
    5. Equipment Maintenance  Facilities Provided                	         	
    6. Unloading Area and Working Face Controlled              	         	
    7. Fire Protection Provided                                 	         	
    8. Bulky Waste Handling Provided                           	         	
    9. Vector Control Provided                                 	         	
   10. Dust Control Provided                                   	         	
   11. Accident Prevention and Safety Practiced                  	         	
   12. Drainage and Grading Provided                           	         	
   13. Planning, Development, and Plan Execution Provided       	         	

Remarks:

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                     INSTRUCTIONS  TO BIDDERS

                           Suggested Provisions to be Included in
                            Instructions to Prospective Bidders
   1. Intent and Purpose.  It is the intent and
purpose  of this contract  on which bids are
sought to  assure the healthful and aesthetic
operation  of  a sanitary  landfill,  at  one  or
more sites, where  solid  wastes  originating
within the City, or for which  the City has
accepted responsibility, will be disposed of.
   2. Qualifications  of  Bidders. All  bidders
hereunder  must furnish satisfactory evidence
to the City that they  have operated or are
presently operating a sanitary landfill of the
type  and  capacity  involved  here.   (A
description  of  the  solid  wastes,  including
expected daily quantities  and a  detailed plan
of the sanitary landfill site must be included
for all the bidders.)  The bidders must  also
show that  they  have successfully operated a
sanitary landfill in a manner required by the
attached ordinances  for a  long enough period
of time  that  they  will be  able to  operate
under varied weather conditions prevailing in
this  area. (The City  must  develop  ordinances
or standards similar  to those included in this
publication to define the site and operational
requirements  to  assure  performance  and
protection  of the environment.) They must
list  all  sanitary  landfill  sites  they have
completed  or are now operating; all operating
sites may be inspected  by city  personnel  to
determine the bidder's eligibility.
   Bidders  without  the experience  outlined
above  but  with sufficient  experience in a
comparable field,   such  as  excavating  or
grading, should  show an association with (a)
consultant(s) and/or operators) qualified  to
assist in engineering, planning,  supervising,
and  operating the project  in  accordance with
the attached recommendations or ordinances.
The  name(s)  and  experience   of   the
consultant(s)  and/or  operator(s)  shall  be
contained in an attachment to the bid.
   All bidders shall include as an attachment
to  the  bid a  listing with qualifications  of
personnel  who  have  agreed  to  serve  as
employees, etc. of the bidder in the operation
of this contract.
   All bidders shall supply detailed inventories
of their equipment, showing  each type by
model,   year   of manufacture,   anticipated
remaining  useful life, and all accessories for
2ach  piece  so  listed. All leased  equipment
shall be  separately  listed  and show the  time
remaining  on each leased machine and any
options of renewal. All new equipment to be
acquired in fulfillment  of this contract must
be  available on  the  effective  date  when
operations  start.  Delivery   guarantees  by
manufacturers  shall be attached  to the bid
document.
   All   bidders   shall   be   required   to
demonstrate  to the satisfaction of the  City
that they have adequate  financial resources,
experienced  personnel,  and  expertise  to
perform  the  services  required  by  the
specifications.
   All bidders shall be held to comply with all
pertinent  legislation,  including  the  Solid
Waste  Disposal Act  of the State  of	
	, the   rules  and   regulations
promulgated   thereunder,  the   applicable/
attached   ordinances,   rules   and  regu-
lations  of  the  City,  and  the  ordinances,
rules  and regulations of  the  County(ies)  of
	The bidder selected shall meet
all  the requirements  of the above,  including
any changes, copies of which will be supplied
to him by the City.
   3. Compensation. Payment will be by ton,
cubic yard, or  load,  of solid waste collected
by the city or (its designated agents) delivered
and received for disposal as set  forth  in  a
schedule attached  to the agreement. While
                                            13

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14
exact quantities of solid  waste per contract
year cannot be specified, a minimum contract
year compensation will be paid in the sum of
$	based on an estimated weight
(volume), (number),  of	tons
(cubic yards) (loads). Adjustments in fees due
to changing costs of doing business  must be
provided for in the contract document.
   4. Inspection  of Site. All bidders shall visit
the  site  of the   proposed  landfill   and
familiarize  themselves   with  the  project,
including  all  requirements   of  the   plan.
Submission   of   a   bid  shall  be  deemed
conclusive by the City that a site visit has
been made,  and  it shall  constitute a waiver of
all claims of error in bid, withdrawal of bid,
or payment of extras,  or any combination
thereof under the executed contract or any
revision thereof.
   5. Bonds.
     a.  Performance Bond.  A performance
bond shall  be  required  of  the  successful
bidder. It shall be executed yearly by a surety
company licensed to do  business in this State
and  be  in an amount equal to 50 percent of
the  sum  shown in paragraph 3 for  the  first
year or in the case  of renewal, 5 0 percent of
the total compensation paid  in the past year
for each succeeding year. Said bond shall be
obtained within  ten  (10)  days  of  the
execution  of the initial  contract and each
renewal thereof.
      b. Payment Bond. A payment bond will
be required of the  successful bidder. It shall
be executed by  a surety company  licensed to
do business in this State and be in an amount
to be determined  by  the City. It  shall be
conditioned to guarantee  the payment of all
wages and  costs of materials, supplies, and
insurance   premiums  incurred   by  the
contractor  in  fulfilling  the  terms  of the
contract and will need to be delivered to the
City within ten (10) days  of the signing of the
agreement.  Insurance premiums include, but
are not limited to, workmen's compensation,
liability  insurance, and  bonds. It is estimated
that the  payment bond will not exceed the
sum expended for wages, materials,  supplies,
and  insurance  premiums  in  one quarter of
operation.
     c. Bid Bond. Every bidder shall furnish a
bid  bond  executed by a surety company
licensed to do business in this State. He binds
himself to indemnify  the City against  any
loss, not to exceed the sum  of the bond, it
incurs  should he fail to execute the signed
agreement.  Said  bid bond  shall  equal  10
percent of the sum shown in paragraph 3.
   A certified check, payable to the City, or
other  personal  property  acceptable  to the
City, may be deposited  in lieu of a bid bond.
Following  determination   of the bids,  the
three low bidders' security will be held until
the execution of the agreement, at which time
said  security  shall  be   returned  to  the
respective owners.
   6. Indemnity Clause. An indemnity clause,
or  alternatively,  liability  insurance, will be
required  of the successful  bidder, in which he
will  be   required  to  hold  harmless  and
indemnify the  City from  all claims, legal or
equitable   (including  court   costs   and
reasonable attorney's fees), arising out of his
operations.
   7. Insurance. Motor vehicle minimums for
property damage and personal injury may be
set  by  the  City.  Proof  of  all  required
insurance and policy limits must be shown by
certificates of required insurance provided to
the City by  the respective bidders, and each
policy shall  have  a  minimum  cancellation
period of not  less than 30 days to become
effective after delivery,  in writing, to the City
at the address shown in the agreement. While
no minimum policy period will be required by
the  City, it  is expected that the contractor
will utilize  long-term  policies  in  order to
obtain lower premiums.
   8. List  of  Officers and Stockholders.
Bidders shall submit a list of all officers and
stockholders who own over 10 percent of
their respective companies.
   9. Contractor's  Operational   Plan.   The
contractor shall submit as an attachment to
his  bid  a detailed  plan  of operation  that
conforms with the attached ordinances and

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                                                                                         15

specifications.   It  shall  also   give   details   followed in case of equipment failure brought
regarding alternate  procedures  that  will be   on by severe weather.

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 MODEL SANITARY LANDFILL OPERATION AGREEMENT
   This agreement made and entered into this	day of 19	, by and between.
  	(a City, Village, County, etc.) organized under the laws of the State of	
       hereinafter referred to as the City (Village, etc) and	(a Corporation
or a Partnership, Proprietorship,  etc.)  organized under  the laws of the State of.
      .and having its principal place of business at	, hereinafter referred
to as the Contractor.

                                     WITNESSETH:

  Whereas,  the Contractor is qualified  to operate a sanitary landfill for the disposal of solid
waste in accordance with the attached ordinances, specifications, and Instructions to Bidders;
and
  Whereas,  the City desires the Contractor to operate the site(s) designated to be used for a
sanitary landfill operation;
  Now Therefore, in consideration of the mutual covenants and agreements contained herein,
and  of the consideration to be paid by the City to the Contractor, as hereinafter set forth, the
City and the Contractor hereby agree as follows:
   1. Disposal Site. All solid wastes shall be disposed of at the location(s) specified herein, same
being the  property under the  control  of  the  City  (or  Contractor), and  more  specifically
described as follows:

                                (Insert Legal Description)
   2. Materials  to be Disposed  of. The Contractor shall accept, upon payment of fees  as
scheduled, all solid waste created within the jurisdiction of the City or for which the City has
accepted responsibility. Toxic, volatile, and other hazardous materials must be clearly identified
to allow for special handling during the disposal operation. (Note: A definition of the solid
wastes to be disposed of  under the provisions of the contract  should be included here.  In
addition, clarification of who shall be allowed to deliver  solid waste to the  site must  be
provided.)
   3. Operation of Site(s).  The Contractor shall have  the exclusive right and responsibility  to
operate the disposal  site(s) in  accordance  with the  provisions  of this Agreement and the
attached ordinances  and specifications for  the  term  of this Agreement and any  extension
thereof.
   4. Compliance with Laws. The Contractor shall operate the disposal site(s) in compliance
with all applicable laws, ordinances, specifications and regulations, including the  applicable solid
waste disposal act of the State of	, the rules  and  regulations of the State
Board  of Health and the City and/or County Board of Health, and the ordinances of the City
and/or County;  copies  of each  are  attached  hereto and  are hereby made  a part of this
Agreement.  Copies of all  such  laws,  ordinances and regulations shall be furnished to the
Contractor by the City and shall include new legislation as well as amendments.
                                           17

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18

  (In the event that there are no statutes or ordinances regulating the disposal of wastes, then
the City may utilize the concepts contained in the first section of this publication to develop its
own ordinances and standards.)
  5. Labor and  Equipment.  The  Contractor shall furnish all labor,  tools, and  equipment
necessary to operate the site(s) and shall be responsible for all  required maintenance thereof.
Supervision by an experienced and qualified  person shall  be  provided at all times when  the
sanitary landfill is open for use or operation.
  6. Service Facilities.  The Contractor  shall construct and maintain at  his  expense any
facilities, improvements, and buildings within the site necessary for the operation of the site.
  (To be included if the site is City property: The use of such land within the site shall be made
available to the  Contractor free of charge for the period of this Agreement or any extension
thereof.  At  the  expiration of this Agreement all permanent  structures  and improvements
thereon shall become the property of the City or shall be removed by the  Contractor, at  the
option of the City.  [If permanent  structures and improvements become the property of  the
City, there should be some provision for compensation to the Contractor, such as book value or
fair market value. If the Contractor is required to remove such structures and improvements, he
should be paid for doing so. ])
  7. Offsite Improvements. The City agrees to provide,  at its expense, all required  offsite
improvements including any required to be made to public streets or roads, drainage facilities,
etc.; it shall also provide to the site all required utilities, including adequate power and water
supplies. (If any of this work  is to be performed by the Contractor, it  should be included  in a
separate contract with detailed engineering plans.)
   8. Charges for  Utilities. The Contractor  agrees to pay  normal and standard charges for all
water, electrical  power,  natural  gas, and phone service utilized at the site. (If any of these
services  are  to  be  provided  free  of charge by  the City,  this section should be modified
accordingly.)
   9. Salvage. Neither scavenging nor salvage operations shall be  permitted at the operating face
of the sanitary landfill. Salvage operations, if any, shall be conducted at a location separate from
the  operating face of the landfill by persons licensed by the City so as not to interfere with the
Contractor's operation.
   10. Title to Waste. Title to waste shall vest, as it is deposited, in the  owner of the fee simple
estate.
   11. Completion of the  Site.  Upon completion of disposal operations, the site shall be
contoured and finished in accordance with  the Approved Final  Plan, which is attached hereto
and is hereby made a part of this Agreement. Any changes of the Approved Final Plan must be
agreed  to by both  the  City  and the Contractor.  The liability of the Contractor under  this
Agreement shall cease upon acceptance of the site by the City.
   12. Compensation.  Compensation shall  be paid  pursuant  to  the  attached  schedule. (A
schedule should be attached and provide  for payment by weight, volume, or load. A minimum
charge should be set out. Hazardous materials should be handled on a mandatory basis with  fees
paid by type and quantity. Experience should soon establish fees for such materials.)
   (If materials are to be accepted from users other than those paid for and designated by the
City,  a  similar  schedule  of prices which the Contractor  can  charge  these users should be
established. There  should be clear  provisions regarding the  distribution of such  fees to  the
Contractor and/or the City.)
   13. Changes  in  Regulations.  In  the  event that  compliance  with subsequent statutes,
ordinances  and/or rules and regulations  changes operating costs,  the parties hereto agree to
renegotiate this Agreement so that the compensation shown herein shall reflect such changes.

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                                                                                      19

   14.  Change in Sanitary Landfill Site.  In the event that the parties hereto mutually agree to
transfer said sanitary landfill operations  to another site or additional sites, this Agreement shall
be renegotiated to reflect any changes  required; they shall include but not  be limited  to
increased compensation due to higher operating costs.
   15.  Change  in  Cost of Doing Business.  The fees and/or compensation payable  to  the
Contractor for  the second and subsequent years of the term hereof shall be adjusted to reflect
changes in the cost of doing business, as measured by fluctuations in the Consumer Price Index
(CPI) published by the U.S. Department of  Labor,  Bureau of Labor Statistics, for the	
	area. At the start of the second year and every six (6) months thereafter, the fees
and/or compensation to the Contractor shall be altered in a percentage amount equal to the net
percentage change in the said CPI as follows:
  Compensation made for the first six  months of the second year shall reflect the change, if
any, that has occurred in the said CPI during the first year of this Agreement.
  Beginning with the seventh month of the second year of this Agreement and every six months
thereafter, the  net  change in compensation shall  be  the change in the CPI over the preceding
six-month period.
   16.  Term. The initial term  of this Agreement shall be for the	-year period beginning
	,  19	, and ending	,  19	The initial	-year term of this
Agreement shall be extended for successive additional	-year terms, unless one party
notifies the other that it intends to terminate this Agreement. This intent must be conveyed in
writing not  less than ninety (90) days prior to the expiration of the initial	-year term or
of any	-year extension thereof.
   17.  Performance Bond. The Contractor shall furnish a Performance Bond for the faithful
performance of this Agreement. Said bond shall be executed by  a surety  company licensed to
do business in this State  and to be in a penal sum equal to 50  percent of the minimum
compensation to be paid to the Contractor by the City for the first year of this Agreement.  For
each year thereafter it shall be in the penal sum of 50 percent of the total compensation paid by
the City to the Contractor for the last preceding year. Said Performance Bond shall be furnished
annually by the Contractor within ten  (10)  days of the execution  of this Agreement or  any
extension thereof.  It shall indemnify the City against any loss  resulting from  any failure of
performance by the Contractor, not exceeding, however, the penal sum of the bond.
   18.  Payment Bond. The Contractor  shall within ten (10) days  of the execution  of  this
agreement, deliver or cause to be delivered to the City a bond in the amount of $	
executed by a surety company licensed to do business in this State. It shall guarantee payment
of wages to all employees of the Contractor at  the site or sites and the cost of all supplies,
materials, and insurance premiums required to fulfill this Agreement.
   19.  Indemnity.   The Contractor hereby binds himself to indemnify and hold harmless the
City  from  all claims,  demands  and/or actions, legal  and/or  equitable, arising  from  the
Contractor's operation of all disposal sites herein above described.
  (Liability^insurance policies  approved  by the City as to type and coverage may be required as
a part of the indemnity  provisions of this Agreement. If such policies as automobile liability,
general liability, or owner's protective liability are required, the  type and amount of coverage
should be clearly spelled  out in this section. Minimum motor vehicle liability limits set by State
financial responsibility laws are seldom adequate.)
  Proof of all  insurance shall be furnished by the  Contractor to the City by  certificates of
insurance. They shall have a  minimum  cancellation time  of thirty (30) days, said time to
commence after delivery of said notice to the City  at the address shown above.

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20

  20.  Workmen's Compensation.  The Contractor shall  carry  in  a  company authorized to
transact  business in  the  State  of	_,  a policy of insurance fulfilling all
requirements of the Workmen's Compensation Act of said State, including all legal requirements
for occupational diseases. (Would not apply in monopoly States.)
  21.  Standard of Performance. The City may move to act if the Contractor fails to dispose of
the solid waste herein provided for a period in excess  of five (5) consecutive working days or
fails  to operate the site in accordance with  the  attached  ordinances and  specifications for a
similar period. (He shall not be held liable if such  failure is due to war, insurrection, riot, Act of
God,  or any other cause or  causes beyond his  control.)  The City may,  at its option, after
sending written notice to the Contractor as provided hereinafter take over and operate any or all
of the equipment he uses in carrying out this Agreement, and it may provide for such operation
until such matter is resolved and the Contractor is again able to operate. Any and all operating
expenses incurred by the City in so doing may be deducted by it from compensation paid to the
Contractor hereunder.
   During such period, the liability of the City to the Contractor for loss or damage to such
equipment  so used  shall  be  that of a bailee for hire; ordinary wear and tear is specifically
exempt from such liability. The liability of the Contractor to third persons shall cease and all
claims or  demands arising  out of the operation and/or control  of  the site or sites shall be
directed solely to the  City.
   Provided however; if the Contractor is unable for any cause to resume performance at the end
of thirty (30) working days, all liability of the City under this contract shall cease and the City
shall be free to negotiate with other contractors  regarding the operation of said site or sites. If
Agreement with another contractor is reached, this shall not release the Contractor herein of his
liability to the City for breach of this Agreement.
   22. Arbitration.. Any controversy  or claim arising out of or related to this Agreement, or
breach thereof, shall be settled by arbitration in accordance with the Rules of The American
Arbitration  Association,  and  the  judgment  rendered may be entered in any  court having
jurisdiction thereof.  Such  controversy or claim  shall  be  submitted to  one arbitrator selected
from the National Panel of The American Arbitration Association.
   23. Landfill Inspection. To ensure that the detailed ordinances, specifications, regulations,
and laws for the operation of a sanitary landfill are complied with, a representative of the City
shall inspect the landfill site and operation at least once a  month during the term of this
Agreement.  The City  may  make inspections of  the sanitary landfill site accompanied by
designated personnel during business hours.
   24. Contractor's Personnel.
       a.  The Contractor  shall assign  a qualified  person or persons to  be  in charge of his
operations in the City and shall inform it of said person or persons' identity with a description
of his experience, etc.
       b. The Contractor's  employees  may be required to wear clean  uniforms that bear the
company's name.
       c. The City has the right to request the dismissal of any employee of the Contractor who
violates any provision hereof, or who  is wanton, negligent, or discourteous in the performance
of his duties.
       d.  The  Contractor should  provide  suitable operating  and safety  training for all his
personnel. The site should be staffed at all times with at least one employee who is trained in
first aid and has a first aid kit.
       e. Wages of all employees  of the Contractor shall equal or exceed  the minimum scales

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prevailing for similar work in the locality of the project. The wages for each classification of
employee shall be provided to the City as an attachment to the bid document.
      f. No person shall be denied employment by the Contractor by reason of race, creed, or
religion.
      g.  Employees of the Contractor  shall have the right to organize and affiliate  with
recognized labor unions and shall have the right to collective bargaining.
   25. Assignment.  No assignment of this Agreement  or any right occurring under it shall be
made in whole or part by the Contractor without the express written consent of the City; in the
event of any assignment, the assignee  shall assume the liability of the Contractor.
   26. Books and Records. The Contractor shall keep daily records of wastes received, and the
City shall have  the right  to inspect  the same insofar  as they pertain to the operation of the
sanitary  landfill site(s). The records  shall show: the type, weight, and volume of solid waste
received; the portion  of the  landfill used, as determined  by cross section  and survey; any
deviations made from  the plan  of operation; equipment maintenance;  and cost records. The
Contractor shall submit a proposed record and accounting system for approval. All information
so  obtained  shall be  confidential and  shall not  be  released by  the  City unless  expressly
authorized in writing by  the Contractor.(A recommended set of cost accounting records is in
"An Accounting System for  Solid  Waste  Collection" developed by the  Federal  solid waste
management program.)
   27. Bankruptcy.  This Contract shall terminate  in  the  case  of bankruptcy,  voluntary  or
involuntary, or  insolvency of the Contractor. In the case of bankruptcy, such termination shall
take effect on the day and at the time the bankruptcy is filed.
   28. Number of Copies. This Agreement may be executed in any number of counterparts, all
of which shall have the full force and  effect of an original for all purposes.
   29. Law to Govern.  This Agreement shall be governed  by the laws of the State of	
	, both as to interpretation and performance.
   30. Modification.  This Agreement  constitutes  the entire  Agreement  and  understanding
between the  parties hereto, and  it  shall not  be  considered  modified, altered, changed,  or
amended in any respect unless in writing and signed by the parties hereto.
   31. Right  to Require Performance.  The  failure   of  the City  at  any time  to require
performance by  the Contractor of any  provisions hereof  shall in no way affect the  right of the
City thereafter  to enforce same. Nor shall waiver by the City of any breach of any provisions
hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver
of any provision itself.
   32. Point of Contact.  All dealings, contacts, etc. between the Contractor and the City shall
be directed by the Contractor to
   (Some duly designated official of the City must be identified to serve as the contact point for
the Contractor.  A similar clause could designate a contact point with the Contractor.)
   33. Illegal Provisions.  If any  provision of this Agreement shall be declared illegal, void, or
unenforceable,  the  other provisions  shall not be affected  and shall remain in  full force and
effect.

   34. Notice. A letter addressed and sent by certified  United States mail  to either party  at its
business  address  shown  hereinabove shall be sufficient notice whenever required for any purpose
in this Agreement.

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22

  35. Effective Date. This contract shall become effective and the City or its designated agents
and citizens shall begin delivery of the solid waste to the Contractor	days after the
date of execution hereof.
                                            City:	
                                      Contractor:
   IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the
day and year first above written.
   Approved as to Form	
                                                 City Attorney
              City of 	
              A municipal corporation of the State of.
                              By	
                              By	
                              By	

                                                       (Name of Contractor)
                              By	
                              By	

   (Sealed, witnessed, and/or notarized as required by the laws of applicable State.)
                                    FEE SCHEDULE

                              (Alternate methods of charge)

 1.   $	. per ton of solid waste
 2.   $	 per yard of compacted solid waste
 3.   $	per yard of uncompacted solid waste
 4.   $	. minimum fee per load
 5.   $	. per ton of solid waste consisting solely of
                          material such as bricks,  concrete, dirt, etc.

 6. The City shall pay to the contractor a minimum fee of $	for each year or yearly
 extension of this agreement.
   Toxic, volatile, or other hazardous materials requiring special handling shall be clearly marked
 by the City and,  upon payment of mutually agreed upon  fees, shall be disposed of by the
 Contractor pursuant to the terms of Item 2 of the contract.

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  The Contractor shall  submit billings to the City at the close of business at the end of each
month for all other waste placed in the sanitary landfill and the City shall pay the Contractor on
or before the tenth day  of the following month; payments shall be mailed to the Contractor at
the address shown above.
 MCF505

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