2011 010 Ordinance - Laserfiche WebLink

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3/15/2011 XXVIII. HAZARDOUS MATERIALS To the extent permissible by Ohio law, Licensor shall remain responsible for all suits, costs (including attorney's fees, expenses and court costs), claims, expenses, liabilities and judgments of every kind and description, with respect to the presence of hazardous materials. (a) Except as otherwise expressly permitted in this Agreement, Licensee s h a 11 not use, create, store or allow any hazardous materials on the site. Fuel stored in a motor vehicle for. the exclusive use in such vehicle is excepted. Additionally, Licensee has permission and shall install aback-up generators and store fuel for such generator at the Site. In no case shall Licensee cause or allow the deposit or disposal of any hazardous materials on the Site. Licensor; or its agents or contractors, shall at all times have the right to go upon and inspect the Site and the operations thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or the testing or soils or underground tanks on the Site. (b) Accumulation, storage, treatment, or disposal of any waste material is prohibited; excepting only temporary storage, not to exceed fourteen (14) days, or nonhazardous solid refuse produced from activities on the Premises for pick up by municipal or licensed commercial refuse service, and lawful use of sanitary sewers (if any) for domestic sewage. (c) Manufacturing; maintenance of equipment (excluding communications equipment and back- up power sources such as batteries and generators operated pursuant to the License) or vehicles, or use, installation or construction of vessels, tanks, (stationary or mobile), dikes, sumps, or ponds; or any activity for which a license or permit is required from any government agency for (1) transportation, storage, treatment, or disposal of any waste, (2) discharge of any pollutant including but not limited to discharge.to air, water, or a sewer system is prohibited. (d) Any spill caused by Licensee or from Licensee's equipment resulting in a release of a hazardous material to the air, soil, surface water, or groundwater in violation of applicable law shall be immediately reported to Licensor as well as to appropriate government agencies and shall be promptly and fully cleaned up and the Premises (including soils, surface water, and groundwater) restored to its condition existing immediately prior to such spill or release, all in accordance with and as may be required by applicable law. Should Licensee desire to use pesticides on the Site or Premises (either herbicides, rodenticides, or insecticides) all applicable Environmental Protection Agency (EPA) standards must be met and prior approval must be received from Licensor and not all EPA approved pesticides will be permitted. Licensee will. fill out form FG-880 and submit it to the area manager at least seven (7) days prior to application of pesticides. Licensor reserves the right to disapprove the use of any pesticide. Licensee shall obtain all county, state or federal permits required, including restricted pesticide use and burning permits and comply with all conditions of those permits. Licensee shall submit to the area manager a copy of all permits. (e) In the event Licensee breaches any of the provisions of this License the License maybe terminated immediately by Licensor and be of no further force or effect. It is the intent of the parties hereto that Licensee shall be responsible for and bear the entire cost of removal and Page 15 of 26