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- 2 - <br /> CITY to balance the fuel availability for the incinerator; however, this <br /> is not to be interpreted. to mean that the CITY will not accept the waste <br /> from GENCORP's plant any less frequently than once per day, seven days <br /> per week. If the CITY desires to accumulate GENCORP's waste and/or <br /> blend it to balance the thermal heat content of the refuse fired to the <br /> incinerator, the burden for this operation and/or equipment required <br /> will be the responsibility of the CITY. <br /> 3. LIABILITY• <br /> GENCORP is to be held harmless in regard to any liability in regard to <br /> either civil or criminal action concerning the following items: <br /> 3.1 Compliance with Environmental Protection Agency rules and <br /> regulations covering the operation of the incinerator, including <br /> the gathering and delivery of the refuse to the incinerator plant. <br /> 3.2 Air pollution generated by the incinerator facility, including <br /> odor, particulate matter, smoke emission, sulfur compounds, <br /> nitrogen compounds, hydrocarbon emissions, general nuisance, etc. <br /> 3.3 Compliance with any federal, state or local rules or regulations or <br /> laws regarding water pollution or disposal of condensate process <br /> water, drainage water, or storm water from the incinerator facility. <br /> 3.4 Compliance with federal, state and local standards or codes <br /> relating to noise, safety, OSHA or any other rules or regulations <br /> concerning industrial health and/or safety. <br /> 3.5 Labor conflicts, civil disturbances, riots, etc. , with respect to <br /> the operation of the incinerator. <br /> 4. DISPOSAL FBBS: <br /> GENCORP shall pay a monthly disposal fee to the CITY as determined by <br /> the following: <br /> P = (A-S) = T <br /> WHERE: P - Tipping Fee in Dollars Per Ton. <br />