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BATESVIIJX ec T <br /> THIS AGREEMENT made this day of May, 1990, effective <br /> December 1, 1989 by and between the CITY OF BATESVILLE, ARKANSAS, a <br /> Municipal Corporation organized and existing under the laws of the State of <br /> Arkansas, hereinafter referred to as "CITY" and GENCORP AUTOMOTIVE, a <br /> segment of GENCORP INC. , a Corporation existing and operating ander the laws <br /> of the State of Ohio, with its principal offices at Akron, Ohio, hereinafter <br /> referred to as GENCORP. The CITY agrees to operate a controlled two-stage <br /> air waste incineration facility and dispose of waste received from GENCORP <br /> in accordance with the following terms and provisions of this AGREEMENT. <br /> I. CONDITIONS OF WASTE: <br /> The CITY shall accept, receive, store and incinerate or otherwise <br /> dispose of all of the solid and liquid waste and scrap materials <br /> delivered to it from GENCORP on an as received basis providing the <br /> following conditions are met: <br /> 1.1 The waste can be incinerated in an environmentally safe manner in a <br /> properly operated controlled two-stage air incineration facility. <br /> 1.2 The liquid or fluid waste is a combustible material. <br /> 1.3 The liquid or fluid waste is delivered in containers or in such a <br /> manner that it can be fed into and burned in the burning equipment <br /> without creating any unusual problems. <br /> 1.4 the waste in not deemed a hazardous waste with respect to handling <br /> or incineration. <br /> Nothing in this agreement shall require that GENCORP deliver all or any <br /> part of its non-hazardous wastes generated at its existing Batesville <br /> Plant to the CITY. <br /> 2. DELIVERY OF WASTE: <br /> GENCORP will attempt to schedule the delivery of any of its waste to be <br /> delivered to the CITY pursuant to this AGREEMENT, to the CITY's facility <br /> on an off-shift basis or any other mutually agreeable time to enable the <br />