BRRP
Facility Haulier Rules
1. Health and Safety
1.1 The
Haulier shall ensure that the handling, packaging, transportation, delivery and
tipping of earthquake waste is performed by the Haulier and/or its Drivers in
compliance with any and all applicable legislation and regulations and BRRP’s
Site Safety, Health and Environment Rules.
2. Drug and
Alcohol
2.1 The
Haulier must provide to BRRP on request a copy of its Drug and Alcohol Policy covering
its Drivers.
2.2 The
Haulier and its Drivers must comply with BRRP’s Drug and Alcohol Policies while
at the Facility.
2.3 Without
limiting 2.2, BRRP may require any person at the Facility to submit to random
on-site drug and alcohol testing at any time in accordance with BRRP’s testing
procedures (and by their use of the Facility the Haulier and each of its
Drivers is deemed to consent to such testing).
3. Operations
of Facility
3.1 The
Driver is responsible for correctly and uniquely identifying its disposal load
at the Weighbridge.
3.2 The
Driver is responsible for presenting a correctly completed Manifest Docket for
the load to the Weighbridge.
3.3 The
Driver is responsible to ensure that he/she is responsible for presenting the
correct Manifest Docket for the account they are hauling for.
3.4 The
Driver shall follow the reasonable directions and instructions of BRRP
personnel at the Facility.
3.5 The
Driver shall be considerate and professional to all other Facility users and
operate at all times in a safe manner.
3.6 Where
the Driver uses a truck and trailer unit, the option of jack-knifing is at the
sole discretion of the tip-face staff.
3.7 The
Driver shall ensure the tailgates are closed tight and locked before leaving
the tip face.
3.8 The
Haulier shall use the Facility only during the hours posted or otherwise
advised by BRRP.
4. Responsibility
of Haulier
4.1 The
Haulier shall comply and ensure that its Drivers comply with BRRP’s operating
procedures for the Facility.
4.2 The
Haulier is responsible to clean up any earthquake waste tipped or spilled
anywhere, other than a place directed by BRRP, at its own cost including any
costs incurred by BRRP or others.
4.3 The
Haulier shall be liable for the costs of any damage that it or its Drivers may
cause.
4.4 The
Haulier shall be responsible for the acts and omissions of its employees,
contractors, agents and sub-contractors at, or in relation to, the Facility and
shall be liable for them as if they were the acts or omissions of the Haulier.
4.5 The
Haulier shall ensure that its Drivers comply strictly with these Rules.
4.6 The
Haulier shall ensure that its Drivers carry and/or provide such disclosures,
declarations and other information as is required to be provided to BRRP in
respect of the earthquake waste at the Facility.
5. Vehicle
Requirements
5.1 BRRP
will not tow or push without a clear request from the Driver. The Haulier accepts responsibility for this.
5.2 The
Driver is responsible to ensure its vehicle is correctly hooked-up, before
towing.
5.3 BRRP
will not undertake metal to metal contact unless a purpose built push-bar is
installed.
6. Compliance
with Laws, Rules
6.1 The
Haulier shall comply and shall ensure that its Drivers comply with all road
rules, especially relating to security of load, and behave in a courteous
manner for other road users and that all vehicles driven by its Drivers comply
with applicable laws and regulations.
6.2 The
Haulier shall ensure that it holds and that its Drivers hold all necessary
permits and licences for the performance by them of their services and comply
with the terms of those permits and licences.
7. Waiting
Time
7.1 BRRP
reserves the right to require a Driver to wait before disposing of earthquake
waste at the Facility or before a Driver exits the Facility.
8. Indemnification
8.1 The
Haulier shall indemnify and hold BRRP harmless, to the maximum extent permitted
by law, from and against all claims, action, conviction, proceedings, costs
(including legal cost and disbursements on a solicitor-client basis), damages
and liabilities whatsoever suffered or incurred by BRRP or asserted by any
person which directly or indirectly arise out of or result wholly or partially
from the failure of the Haulier or any Driver to comply with these Rules or the
failure of the Haulier or any Driver to comply with any laws and regulations
(including without limitation, the Resource Management Act, 1991) applicable to
transporters of earthquake waste or users of the Facility.
9. Insurance
and Information
9.1 The
Haulier shall ensure that adequate motor vehicle, third party and public
liability insurance is maintained at all times in respect of its operations,
Drivers and vehicles (and provide a copy of such policies to BRRP on request).
9.2 The
Haulier shall ensure that all disclosures, declarations and other information
provided by the Haulier or any Driver in respect of earthquake waste is
accurate, complete, current and not misleading.
10. Denial of
Access
10.1 BRRP,
in its sole and absolute discretion, may at any time for any reason, deny the
Haulier or a specific Driver access to the Facility either on a temporary or
permanent basis.
10.2 BRRP
shall not be liable for, and the Haulier releases BRRP from, any loss, cost or
expense sustained by the Haulier or any other party during any period that the
Haulier or any Driver is unable to use the Facility or any Services.
11. Force
Majeure
11.1 BRRP
shall not be liable for any failure to perform any obligation due to circumstances
beyond its reasonable control.
12. Accidents
12.1 All
accidents, near hits and requests for improvements associated with the disposal
of earthquake waste at the Facility must be reported to BRRP personnel for
capture and review.
12.2 BRRP
disclaims any responsibility for, and the Haulier releases BRRP from, liability
for personal injury to the Haulier’s drivers or third parties or property
damage to the vehicles and equipment of the Haulier or third parties arising
from the course of collecting, removing, transporting and disposing of earthquake
waste.
12.3 The
Haulier shall be liable for any damage to plant or equipment or other property
of BRRP or to the Facility caused by or arising from the use of the Facility by
the Haulier or any of its employees, contractors, agents or subcontractors.
12.4 After
an accident where required by law, or whenever it makes good sense to do so,
the Haulier shall notify the regulatory authorities for support and guidance
with regard to any spill and subsequent clean-up.
13. Non-Conforming
earthquake waste
13.1 The
Haulier must not deposit, and must ensure that its Drivers do not deposit,
Non-Conforming earthquake waste at the Facility.
13.2 BRRP
may require a Haulier, at its cost, to remove any Non-Conforming Earthquake
waste deposited at the Facility.
14. General
14.1 The
deposit of earthquake waste at the Facility by a Haulier shall be deemed to be
acceptance of these Rules by the Haulier and to constitute agreement to be
bound by them (even if these Rules have not been signed by the Haulier).
14.2 No
waiver of any breach, or failure to enforce any provision, of these Rules at
any time by BRRP in any way affects, limits or waives the right of BRRP
thereafter to enforce and compel strict compliance with these Rules.
15. Definitions
· “BRRP” means Burwood Resource Recovery Park Limited
and includes an employee or contractor of BRRP.
· “Haulier” means a person (company,
partnership, sole trader or other person) engaged in the carrying and tipping
at the Facility of earthquake waste.
· “Driver” means the driver of the vehicle
which delivers the earthquake waste to the Facility.
· “Weighbridge” means the weighbridge at the Facility.
· “Manifest Dockets” means dockets issued to
the User to record details of the earthquake waste.
· “Facility” means the operation at Burwood.
· “Services” means the use of the Facility and
any other services provided by BRRP at the Facility.
· “Earthquake waste” has the meaning defined in
the BRRP Waste Acceptance Criteria.
· “Non-Conforming waste” means any material
that does not meet the criteria for Conforming Earthquake waste. as described
in BRRP Acceptance Criteria
The Haulier
specified below has read, understood and agrees to abide by these Rules.
______________________________
Name of Haulier
______________________________ __________________________
Signature Title
______________________________ __________________________
Name of Signatory (Type or print) Date