Definitions for Hauling, General Site Services and Disposal Agreement

Last Updated: March 10, 2026

Acceptable Waste: All non-hazardous solid waste, garbage, and trash generated by a Customer in the ordinary course of business or residence that is permitted to be accepted at the disposal facility under applicable Law and the Company’s permits.

Contamination: The presence of Non-designated Recyclables or Acceptable Waste within a container intended for Recycling, or any moisture/debris that renders Recyclable Materials unmarketable.

Designated Recyclables: Specific, source-separated materials (e.g., clean cardboard, aluminum cans, HDPE/PET plastics) that the Company has agreed to collect for the purpose of diversion from a landfill.

Dry Run / Service Refusal: A Service Event that cannot be completed due to circumstances within the Customer’s control, including but not limited to: blocked access, overloaded Equipment, “Heaping Loads,” or “Nonconforming Waste.”

Equipment: All containers (roll-offs, front-loads, rear-loads), compactors (Company-provided or Customer-owned), toters, and related hardware provided by the Company for the performance of Services.

Force Majeure Events: Acts of God, extreme weather (e.g., blizzards, floods), strikes, riots, fires, explosions, government orders, or any other event beyond the reasonable control of the Company that prevents the performance of Services.

Front-Load and Rear-Load Service Agreements: Contractual arrangements for recurring, scheduled waste or recycling collection utilizing permanent, stationary containers. These agreements are characterized by fixed-interval pickups and involve specialized compaction or lift-arm vehicles that empty the container on-site rather than transporting the container to a disposal facility. These agreements typically carry a defined “Service Term” and are subject to Liquidated Damages.

Heaping Load: Any material placed in the Equipment that extends above the “Fill Line” (or the top rail of the container), preventing the safe application of a tarp or creating a risk of debris falling during transport.

Liquidated Damages: A pre-estimated amount of damages agreed upon by the parties to be paid in the event of an early termination of a fixed-term contract, intended to compensate the Company for lost opportunity and administrative costs.

Nonconforming Waste: Any waste that: (a) is not Acceptable Waste; (b) contains Prohibited Materials; (c) exceeds the weight or volume limits of the Equipment; or (d) is “Special Waste” that has not been pre-approved in writing via a Waste Profile Sheet.

Normal Wear: The expected mechanical or aesthetic degradation of Equipment through proper and intended use, excluding damage from fires, immersion in corrosive liquids, or impacts from heavy machinery (e.g., forklifts/loaders).

Prohibited Materials / Hazardous Waste: Any material defined as hazardous, toxic, or radioactive by Federal, State (CDPHE), or local law, including but not limited to: lead-acid batteries, tires, liquid paints, solvents, motor oil, fuels, propane tanks, and “e-waste” (computers/TVs).

Service Event: Any instance where a Company vehicle arrives at the Customer’s site to perform delivery, collection, exchange, or maintenance of Equipment, as well as any dedicated administrative office work required to facilitate, schedule, or audit said activities, including but not limited to: account setup, routing optimization, billing disputes, and regulatory documentation.

Special Waste: Waste that requires unique handling, sophisticated disposal techniques, or specific government approvals (e.g., contaminated soil, industrial process waste, sludges, or asbestos).

Specific Handling Fees: Including costs for separation, specialized equipment, transportation, disposal, and administrative time at Company’s then-current rates.

Uncontrollable Circumstances: Including, without limitation, changes in local, state, or federal laws, new taxes or surcharges, and acts of God (floods, fires, etc.).

Waste Profile Sheet: A formal document provided by the Customer and approved by the Company/Landfill that accurately describes the chemical and physical characteristics of a specific “Special Waste” stream.