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similar bulky materials from commercial establishments; and (iii) "bulky items" from individual <br />is homeowners who bring them to the landfill for disposal. This program will, at a minimum, have <br />• <br />the following elements: (1) each commercial waste generator must sign a certification that the <br />waste that it causes to be brought to the Ivy landfill for disposal in CDD Cell 2, and in the future <br />in CDD Cell 5, will only be CDD waste (as described above in this paragraph) and does not <br />contain hazardous waste or significant quantities of solid waste which would be classified as <br />MSW (as the term MSW is modified in this paragraph above); (2) inspection of all loads either <br />during the waste discharging process from the vehicle or during movement of the waste after it is <br />discharged from the vehicle; (3) random, but at least twice daily, detailed inspection of loads <br />prior to disposal; and (4) rejection of any non -conforming waste prior to disposal, including non- <br />conforming waste discovered during dumping or during movement of the dumped waste. Any <br />non -conforming waste shall be returned to the generator and/or transporter who brought the non- <br />conforming waste, if that generator and/or transporter can be identified, or, if no such <br />identification is possible RSWA shall be responsible for the lawful disposal of such <br />nonconforming waste at a location other than the Ivy landfill; provided, however, the RSWA <br />may deliver any such nonconforming MSW to the MSW transfer facility operating at the Ivy <br />landfill for eventual lawful off-site disposal of such waste. <br />4. Defendant RSWA has ceased accepting municipal solid waste ('MSW") <br />for disposal at the Ivy landfill since July of 1998. Defendant RSWA agrees that it will not apply <br />for an amendment to its solid waste disposal facility permit number 125 issued by the DEQ (or <br />seek a new permit from DEQ) authorizing it to accept MSW for disposal at the Ivy landfill <br />unless, after competitive negotiations conducted pursuant to the Virginia Public Procurement Act <br />(the "Act"), the price for the next new MSW transfer contract for the transfer of such waste from <br />7 <br />