HomeMy WebLinkAbout2026-062 A1
AGREEMENT No. 2026A-062
BIOSOLIDS HAULING AND DISPOSAL SERVICES
THIS AGREEMENT, is made and entered into this 24th day of March 2026, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and MERRELL BROS., INC., whose address is: 8811 W 500 N, Kokomo, IN 46901, (hereinafter
referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issued RFB 26-037 titled Biosolids Hauling and Disposal
Services;
WHEREAS, CONTRACTOR submitted its response dated January 15, 2026, to RFB 26-037;
WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms
and conditions of RFB 26-037 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish the hauling, treatment, and disposal of biosolids from the City’s
Water Reclamation Facility as described in CITY’s RFB 26-037 and CONTRACTOR’s January
15, 2026 response thereto, which are expressly incorporated herein and made a part of the
Agreement Documents hereto and shall do everything required by this Agreement and the
Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or
acquire any items or services from CONTRACTOR.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement Documents and the Unit Price Schedule an amount in accordance with the
compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein.
3. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to the CITY with the hauling, treatment, and
disposal of biosolids from the City’s Water Reclamation Facility upon receipt of an
authorized order from CITY and shall provide the requested items in the timeframe and
as set forth in RFB 26-037 or in the specific purchase order submitted by CITY. Nothing
herein shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items received
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until such time as CITY has accepted the items in accordance with the order provided to
CONTRACTOR.
B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether there
will be any delay in providing the items requested. Failure of CONTRACTOR to so
notify CITY will preclude CONTRACTOR from seeking payment of any kind for any
items that were delayed in delivery. Upon receipt of notification of the delay, CITY may
at its sole option cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
services herein by CITY or by any agent or representative as in compliance with the
terms of this Contract shall not operate as a waiver by the CITY of strict compliance with
the terms of this Contract and the CITY may require the CONTRACTOR replace the
accepted services so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
4. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties and shall remain in
effect for a period of three (3) years thereafter, unless terminated or renewed as provided
for herein.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY’s
convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3)
additional one-year terms. Sixty (60) days prior to completion of each extended term of
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this Agreement, CONTRACTOR may request and the City may consider an adjustment
to price based on changes in the Producer Price Index (PPI).
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR
shall submit an invoice to CITY upon completion of the services and delivery of products to CITY
as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed products delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION
A. In the event of any claim, dispute, or other matter in question arising out of or related to
this Agreement, a party shall provide written notice of the claim, dispute, or other matter
to the other party and provide no fewer than five (5) days to cure the matter, unless it is
the type of matter for which emergency injunctive relief is necessary from a court. Such
notice shall be a condition precedent to arbitration or the institution of legal or equitable
proceedings by either party, except as otherwise stated in this section.
B. The CITY and CONTRACTOR may resolve claims, disputes, and other matters in
question between them by mediation.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR’s Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
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A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. CITY's and CONTRACTOR’s Protective Liability Insurance
The CITY shall procure and furnish a CITY's and CONTRACTOR’s Protective Liability
Insurance Policy with the following minimum limits:
A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage
Liability Occurrence Combined Single Limit.
7.4. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
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8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
CONTRACTOR:
Merrell Bros., Inc.
8811 W 500 N, Kokomo, IN 46901
Attn: Dustin Smith, CEO
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Rick Van Wagner, City Manager
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
9. MISCELLANEOUS
9.1. Attorneys’ Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys’ fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by the CITY of breach of any provision of this Agreement shall not be construed or
operate as a waiver of any subsequent breach of such provision or of such provision itself and shall
in no way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
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circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement, including the documents incorporated by reference, contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party’s assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
the CITY.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
The CONTRACTOR expressly understands records associated with this project are public records
and agrees to comply with Florida’s Public Records law, including the following:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
Florida’s Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon the termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. The CONTRACTOR shall make reasonable
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efforts to provide all records stored electronically to the CITY in a format compatible
with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331.
9.10. Coercion for Labor or Services Certification
Pursuant to Section 787.06(14), Florida Statutes, the CONTRACTOR certifies, under penalty of
perjury, that it does not use “coercion for labor or services,” as defined in Section 787.06, Florida
Statutes, in connection with the performance of this Agreement, including but not limited to: using
or threatening force; restraining, isolating, or confining; debt bondage; withholding or controlling
identification or immigration documents; causing or threatening financial harm; enticing by fraud
or deceit; or providing Schedule I or II controlled substances for the purpose of exploitation. The
CONTRACTOR shall include a substantially similar requirement in all subcontracts and purchase
orders at any tier. Any violation of this provision constitutes a material breach, and the CITY may
pursue any remedies available under this Agreement, at law, or in equity, including termination
for cause. By executing this Agreement electronically, CONTRACTOR affirms this certification
under penalty of perjury as of the Effective Date of this Agreement.
10. CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if herein
repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFB 26-037 titled Biosolids Hauling and Disposal Services
and CONTRACTOR's response thereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF CLERMONT MERRELL BROS., INC.
**signature_87387**
SIGNATURE
**name_87387**
FULL NAME
**role_87387**
TITLE
**date_signed_87387**
DATE SIGNED
**signature_87389**
SIGNATURE
**name_87389**
FULL NAME
**role_87389**
TITLE
**date_signed_87389**
DATE SIGNED
ATTEST
**signature_87390**
SIGNATURE
**name_87390**
FULL NAME
**role_87390**
TITLE
**date_signed_87390**
DATE SIGNED
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CEO
3/25/2026
Dustin SmithTim Murry
3/27/2026
Mayor
Tracy Ackroyd Howe
3/27/2026
City Clerk
Exhibits List
A - Pricing Tables
B - Scope of Services
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Exhibit A
Pricing Tables
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Hauling and Disposal Compost (Basis of Award)
Alternate Price: Hauling and Disposal - Land Application
Minimum Cubic Yards
PRICE TABLES
Respondents shall indicate the minimum billable load size (in cubic yards) applicable per trip. If no minimum applies, enter “N/A.”
Line Item Description Quantity Unit of Measure Unit Cost Total
1 Hauling and Disposal
Compost
6270 Cubic Yards $93.93 $588,941.10
Total $588,941.10
Line Item Description Quantity Unit of Measure Unit Cost Total
2 Alternate Price: Hauling
and Disposal - Land
Application
1 Cubic Yards $0.00 $0.00
Total $0.00
Line Item Description Unit of Measure Unit Cost
3 Minimum Cubic Yards for
Compost
Cubic Yards $31.00
4 Minimum Cubic Yards for
Land Application
Cubic Yards $0.00
MERRELL BROS., INC. ResponseDocusign Envelope ID: D84C07B8-0D85-4DA8-A61B-950AD2827ED2
Exhibit B
Scope of Services
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REQUEST FOR BID
RFB 26-037
BIOSOLIDS HAULING AND DISPOSAL SERVICES
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
RELEASE DATE: November 14, 2025
DEADLINE FOR QUESTIONS: January 5, 2026
RESPONSE DEADLINE: January 15, 2026, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/clermontfl
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City of Clermont
REQUEST FOR BID
Biosolids Hauling and Disposal Services
I. Introduction ................................................................................
II. Response Procedures ................................................................
III. Scope of Work............................................................................
IV. Price Schedule ...........................................................................
V. Terms and Conditions ................................................................
VI. Submittal Requirements .............................................................
Attachments:
B - Work References
D - OpenGov Vendor Registration
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Request For Bid #RFB 26-037
Title: Biosolids Hauling and Disposal Services
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1. Scope of Work
1.1. Statement of Work
The City of Clermont is accepting bids to provide hauling and disposal of biosolids generated at
the City’s Water Reclamation Facility (WRF) located at 3335 Hancock Road, Clermont, Florida.
The successful respondent shall furnish all transportation, labor, equipment, and an FDEP-
permitted Biosolids Management Facility (BMF) authorized to treat municipal biosolids to a
minimum of Florida Class A standards.
1.2. Respondent Responsibilities
A. Facility and Permitting Requirements
• Respondents must own and operate a Biosolids Management Facility (BMF) permitted
by the Florida Department of Environmental Protection (FDEP) to treat municipal
biosolids to a minimum of Class A quality.
• The BMF must operate under current, valid FDEP permits, and a copy of each active
permit must be provided with the bid submittal.
• As the licensed treatment facility, the successful respondent becomes the generator of
the final treated product, thereby relieving the City of any additional treatment obligations
under FDEP regulations.
• The successful respondent shall maintain compliance with Florida Administrative Code
62-640 (Domestic Wastewater Residuals), including 62-640.300, “Permit Requirements,”
and any subsequent revisions.
B. Hauling and Disposal Operations
• The successful respondent shall haul biosolids 365 days per year as directed by the
City’s Chief Operator.
• The respondent shall remove trailers containing biosolids within 24 hours of notification
to prevent nuisance odor conditions at the WRF.
• Biosolids shall be transported directly from the WRF to the approved BMF for treatment
and disposal.
• City-owned trailers shall be used for hauling; however, if a City trailer cannot be returned
in a timely manner, the respondent shall furnish a replacement trailer of equal capacity
until the City’s trailer is returned.
• The successful respondent must ensure alternative equipment and backup
transportation is available to prevent operational interruptions due to equipment failure or
weather conditions.
C. Permits and Compliance
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Request For Bid #RFB 26-037
Title: Biosolids Hauling and Disposal Services
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• The respondent shall obtain and maintain in good standing all local, state, and federal
permits and licenses required for the transport, treatment, and disposal of biosolids.
• Renewal copies of all permits must be provided to the City within 30 days of issuance.
• If failure to maintain permits causes the City to use alternate disposal means, the
respondent shall reimburse the City for any increased costs incurred.
D. Production Estimates
• Biosolids production is estimated at 22–25 wet tons per day, with solids content ranging
between 13%–18% dry solids, averaging 15%.
• The respondent must be capable of accepting aerobically digested or undigested
residual cake.
• The City makes no guarantee as to the minimum or maximum quantity of biosolids
produced in any given year.
E. Documentation and Chain of Custody
• Trip tickets must be provided for each load, acceptable to both the City and FDEP.
Tickets shall establish a chain of custody from the City to the BMF and include quantities
delivered (wet tons or cubic yards), destination, and date/time of delivery.
F. Liability and Surcharges
• The successful respondent shall be responsible for all fines, penalties, and surcharges
related to transportation, treatment, or disposal violations.
• Responsibility for biosolids transfers to the respondent once the load is removed from
the City’s WRF property.
G. Insurance and Safety
• The successful respondent shall maintain all required insurance coverages (general
liability, auto, pollution, and workers’ compensation) as specified in the RFB.
• Drivers must hold valid CDL licenses with appropriate endorsements.
• Operations must comply with all applicable OSHA, DOT, and FDEP safety standards.
1.3. Odor and Environmental Control
• The successful respondent shall conduct all activities to minimize odors, spillage, and
environmental impact.
• If odor issues arise, the respondent must take immediate corrective action to abate the
condition at no cost to the City.
• The City reserves the right to suspend hauling operations if odors become objectionable
or environmental conditions are violated.
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Request For Bid #RFB 26-037
Title: Biosolids Hauling and Disposal Services
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• Respondent shall implement spill prevention and cleanup procedures and maintain spill
kits on all transport vehicles.
1.4. Minimum Qualifications
• Respondents must provide three (3) references from governmental agencies for similar
services performed within the past ten (10) years.
• A letter of commitment from an FDEP-permitted residuals management facility must be
included, verifying capacity to accept and process the City’s biosolids volume.
• Respondents must demonstrate the ability to maintain 365-day operational readiness,
including emergency or after-hours response.
1.5. Hours of Operation
• Normal operations shall occur Monday through Friday, 7:00 A.M. – 4:00 P.M.
• Weekend and holiday work may be conducted only upon written approval from the Chief
Operator.
• No additional compensation shall be considered for weekend or holiday work.
1.6. Inspection and Site Access
• Prior to award, the City reserves the right to inspect proposed disposal sites, including
treatment facilities, access roads, and supporting infrastructure.
• The successful respondent shall allow City personnel and regulatory agencies access to
the BMF for compliance inspections at any reasonable time.
1.7. Production History and Estimates
Based on the accounting of the hauling tickets for years 2015, 2016, 2017 and 2018, there is an
average increase of 4% for years 2020 to 2021 and 14% for years 2022 to 2023. The City’s
future estimated average annual solids cake production is as follow:
• Year 2020 = 273 loads, +/- 22 wet tons per load = 6,006 tons
• Year 2021 = 285 loads, +/- 22 wet tons per load = 6,270 tons
• Year 2022 = 288 loads, +/- 22 wet tons per load = 6,336 tons
• Year 2023 = 335 loads, +/- 22 wet tons per load = 7,370 tons
• Year 2024 = 304 loads, +/- 22 wet tons per load = 6,688 tons • Year 2025 (Tracking) =285 loads, +/- 22 wet tons per load= 6,270 tons
Projected Annual Volumes:
• Year 1 (2025): 6,270 wet tons
• Year 2 (2026): 6,584 wet tons
• Year 3 (2027): 6,913 wet tons
• Year 4 (2028): 7,258 wet tons
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Request For Bid #RFB 26-037
Title: Biosolids Hauling and Disposal Services
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• Year 5 (2029): 7,621 wet tons
• Year 6 (2030): 8,002 wet tons
Note: Values are based on historical production and provided for planning purposes only.
1.8. Additional Requirements
Emergency Response
• The successful respondent must provide 24-hour contact information and maintain the
ability to respond to emergency hauling requests within four (4) hours of notification.
Reporting and Recordkeeping
• Monthly reports shall be submitted summarizing total loads, tonnage, destination, and
disposal method.
• Copies of all FDEP-required reports and analytical data shall be made available to the
City upon request.
Equipment Standards
• Transport vehicles shall be maintained in good mechanical condition and be leak-free
and covered during transport.
• Each vehicle must be equipped with safety signage and containment measures in
compliance with FDEP and DOT regulations.
Contingency Disposal Plan
• Respondents must provide a backup disposal plan identifying an alternative FDEP-
permitted facility to ensure continuity of operations in the event the primary BMF
becomes unavailable.
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