HomeMy WebLinkAboutR-93-0247A RESOLUTION APPROVING THE CHIEF PROCUREMENT
OFFICER'S DECISION TO REJECT THE PROTEST OF
MIAMI WASTE PARTNERS, IN CONNECTION WITH
REQUEST FOR PROPOSALS (RFP) 91-92-102, WHICH
SOLICITED FOR A FIRM TO DESIGN, CONSTRUCT,
ACCEPTANCE TEST, FINANCE, OWN/OPERATE A SOLID
WASTE PROCESSING FACILITY, AS IT HAS BEEN
DETERMINED TO BE WITHOUT MERIT.
WHEREAS, on August 11, 1992, the City of Miami solicited
proposals through Request for Proposals (RFP) 91--92-102, to
select a firm with the capabilities to design, construct,
acceptance test, finance, own/operate a solid waste processing
facility; and
WHEREAS, the City of Miami received seven responses to this
solicitation on February 3, 1993; and
WHEREAS, the proposals were reviewed by the Evaluation
Committee for the project, pursuant to the requirements of the
City Code; and
WHEREAS, said Committee determined that Miami Waste Partners
proposal was non -responsive because it did not meet the mandatory
proposal requirements outlined in the RFP's specifications; and
WHEREAS, on February 23, 1993, Miami Waste Partners
protested this determination; and
WHEREAS, the Chief Procurement Officers pursuant to
Section 1&-56.1 of the City Code. in her role as arbiter,
CITY COl�Q��
MEETING OF.
APR 15 l�93
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investigated the matter and determined that Miami Waste Partners'
protest was without merit and has rejeoted the protest; and
WHEREAS* the City Manager and the City Attorney oonOur with
and approve the finding of the Chief Proourement Officer and
reoommend rejeotion of the protest filed by Miami Waste Partners;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion I. The reoitals and findings contained in the
Preamble to this Resolution are hereby adopted by ref erenoe
thereto and inoorporated herein as if fully set forth in this
Seotion.
Seotion 2. The Chief Proourement OffioerIs deoision to
rejeot the protest of Miami Waste Partners, in oonneotion with
RFP 92-92-012, whioh solioited for a firm to design, oonstruot,
aooeptanoe test, finance, own/operate a solid waste prooessing
facility is hereby approved.
Seotion 3. This Resolution shell beoome
immediately upon its adoption.
PASSED AND ADOPTED this _1Rth.. day Of
A S
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NATTY HIRAI
CITY CLERK
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PREPARED AND AP P V 8Y
RBRTO NBRNANDEZ
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNS
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St't BY : PROCLIMT A.NAGD EN-r . 4 - 7- 93 : 3 : 33PN CITY OF M I A141 - Diu t>~ i 1 a t • � a
CITY OP MIAMI, FLORIDA 20
INTER-OFFICE MEMORANDUM
to Honorable mayor and Members
of the City Commission
Cesa . H. Odic
City Manager
• vivl \ M ' f �
GATE . APR - i W3 VILE:
Resolution of Protest
in Connection with APP
91-92-102 for a Solid
REFERENCES: Waste Processing Facility
It is respectfully reco>timnended that the City Commission adopt the
attached resolution approving the Chief Procurement Officer's
decision to reject Miami Waste Partners' protest, in connection
with AFP 91-92-102, to select a firm with the capabilities to
design, construct, acceptance test, finance, own/operate a solid
waste processing facility.
On August 11, 1992, the City'Is General Services/Solid Waste
Department solicited proposals for the provision of the above
noted services in response to RFP 91-92-102. On February 3,
1993, seven (7) proposers responded to the City's solicitation
for these services.
A certification committee convened to review the proposals as to
the RFP's Specifications and other requirements, prior to the
evaluation process. Miami Waste partners' proposal did not meat the requirements stipulated in Section 2 of the RFP
Specification, relative to financial information on the proposer,
and the proposer's reference facility. Miami Waste Partners'
proposal was therelore.dsemed non-reuponsive.
On February 22, 1993s, the firm was notified of the certification
committee Is determination. By letter received on February 23,
1993, Miami Waste Partners filed a protest.
Pursuant to Section le-56.1 of the City Coda, the Chief
Procurement Officer investigated the matter and determined that
the protest lacked merit, as detailed in the attached letter.
itttachmentsI
Proposed Resolution
Copy of Protest Letter
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM -
TO Cesar H. Odio, City Manager
A. Quinn Jones, City Attorney
FROM
Judy S.
Chief P
GSA/SW
DATE : March 18 , 1993 FILE :
SUBJECT : Protest on RFP 91-11-102
for a Solid Waste
Processing Facility
ss stant Director7FERENCES :
t Off icer ENCLOSURES:
t
I hereby request your approval of my rejection of the protest by
Miami Waste Partners in connection with the above noted RFP, to
select a firm with capabilities to design, construct, acceptance,
finance, own/operate a solid waste processing facility.
The basis for my decision, as set forth in the attached letter, is
the fact that Miami Waste Partners' protest has no merit.
APPROVEDs
! —
Cesar H. Odio, City Manager
APPROVED:
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(�t#la of tami 0
RON E. t ;HAMS
+, ;--r�ru,trator
March 31, 1993
Mr. Theodore C. McGill
Miami Waste Partners
c/o 6215 E. Sligh Avenue
Tampa, FL 33617
Dear Mr. McGill:
C1ERTIFIED MAIL
Re: RFP 91-92-102 for Solid Waste Processing Facility
CESAR H. ODIC)
City Manager
As Chief Procurement Officer of the City of Miami, I received
your protest of February 23, 1993, reviewed pertinent documents,
talked with employees, researched the issues and met with you and
Mr. Maslowski on March 18, 1993, pursuant to my duties under
Section 15-56,1, City of Miami Code, Resolution of Protest
Solicitations and Award.
The following is submitted in response to your letter.
Section 2 of the Specifications for the above noted RFP, PROPOSAL
SUBMISSION REOU1HfXZNTS stated that, "The following information
is required from an interested Proposer in response to this RFP.
The Proposer must respond to items 2.1 through 2.5 in the format
outlined herein." The subsections also listed the necessary
components that the expected proposals had to contains
2.1(a) General Management
2.1(b) Marketing
2.2 Financial Qualification
2.3 Municipal Solid Waste Experience
2.4 Reference Plant Technical Data
The information requested was sought for each Proposer submitting
a proposal in response to the RFP.
The February 3, 1993.1etter contained in your proposal introduced
Standard.Power Company as acting on behalf of the proposer, Miami
Waste Partners, a joint venture corporation to be formed. The
General Information section of your proposal identified Standard
Power Company and CDC Environmental Corporation as the proposed
joint venture partners for this project. Furthermore,, when
recognizing other team members, a diagram of',,the proposed
corporate structure was included as Appendix A,' . Thia ° appa�nd x
showed Miami Waste. Partners as the primecontractor and
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Mr. Theodore McGill
Miami Waste Partners
Page 2
delineated the Hardaway Company (Hardaway) as one of the
subcontractors on the team, to build, operate and maintain the
proposed facility. At no time was Hardaway named as a proposer,
or one of the proposers, or joint venture partners.
_ Subsection 2.2, Financial Qualification, of the Specifications
stipulated that "the Proposer must submit all required financial
information to qualify for consideration in the RFP process." No
financial data was provided for Miami Waste Partners, as
proposer, the entity with whom the City would be contracting.
Nor was the data submitted for either of the joint venture
partners mentioned: Standard Power Company or CDC Environmental
Corporation. This information was provided only for Hardaway,
one of the subcontractors. Hence, Miami Waste Partners was non-
responsive to this requirement.
In addition, the Reference Plant Technical Data in Subsection 2.4
of the Specifications required that "the Proposer must submit
data on at least one currently operating plant as a reference
(the Reference Plant) with which the Proposer is able to evidence
its capabilities and direct experience in processing mixed
municipal solid waste, yard waste, and/or wastewater sludge or a
combination of these wastes." Said Subsection required that the
Proposer provide information itemized in a) through r) to meet
this Specification requirement. Miami Waste Partners failed to
provide this information in the proposal submitted.
The cited subsections are an integral part of any proposal to be
submitted and should have been provided, as explicitly stated
throughout the RFP Specifications, in order for the proposal to
be considered responsive.
Based upon the foregoing, I am rejecting your protest. The City
Manager and City Attorney have approved my decision.
The matter has been scheduled on the City Connmission agenda for
Thursday, April 15, 1993, beginning at 9:00 a.m. The meeting
will be in the City Commission Chambers, City Hall, 3500 Pan
American Drive, Miami, Florida.
rely,
f \Pr-aFurlm6nt_A'ffi'ftar/Assistant Director
cc:' -*on E. Williams, Assistant City Manager
Carmen L. Leon, Assistant City Attorney
-;�. Humbprto Hernandez, Assistant City Attorney
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Attachments
93- 247
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MIAMI 'BASTE PARTNERS
6 215 E , SL I Gli AVENUE
TAMPA, FLORIDA 33617
Reference: Request for Proposal (RFP)
Solid Waste Processing Facility
City of Miami, Florida
RFP No. 91-92-102
GENERAL INFORMATIQ14
1. Standard Power C mQ_aany of Tampa, Florida and Columbus,
Georgia and CDC Environment Al Coroorat,ion of Clearwater,
Florida propose a joint venture to provide a "Solid
Waste Processing Facility" for the City of Miami,
Florida. The joint venture will be a new Florida corp-
oration tentatively called Miami -Waste Partners The
contact for the joint venture will be:
Mr. Ted McGill
Miami Waste Partners
6215 E. Sligh Avenue
Tampa, Florida 33617
Phone: 813/621-7771
FAX: 813/621-2543
If selected, Miami Waste Partners will be incorporated,;
at which time the City of Miami will enter into a con-
tract with Miami Waste Partners and release Standard
Power Company of all liability, if any.
2. The other members of the team participating in this pro-
posal are as follows; a diagram of the "Proposed Corpor-
ate Structure" is included herewith as Appendix "A": I.
a. Gulf _Salts and Engineering Cora, of.,,-ClearwaterI
Florida is an affiliate of CDC Environmental Corp._,
and will do the fabrication/procurement of the
process equipment.
b. A Professional Architectural/Engineering Firm in,
Miami, Florida will do .the permitting and the
balance -of -plant design.
c. Thg Hal„dg„wav Comoanv of Tampa,.Florida and Columbus,
Georgia will construct the facility; and will do the
long term operation and maintenance.
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3. The team members responsible for specific efforts are as
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follows:
a: Miami Waste Partners will provide the Pro.iect_Manaae--
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merit. All key positions in the management of the
project will be filled with full time, experienced
personnel under contract from The Hardaway Company;
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Gulf Sales and Engineering Corp.; and/or our A/E
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firm. Each management person will be selected for
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their particular expertise for the position required.
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b. Miami Waste Partners will provide the Financial
Guarantees for the project. These guarantees will
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be in one or more of the following forms:
1. Performance and Payment Bonds by a Bonding Company
satisfactory to the City.
2. insurance Policies by an Insurance Company satis-
factory to the City.
_
c. A Professional Architectural/Engineering Firm in
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Miami, Florida will do the Environmental Permitting.
d. Gulf Sales and Engineering Corp. with CDC Environ-
mental Corp. will do the process Design. The A/E will
incorporate the process into the facility, and will
do the balance -of -plant design.
e. The Hardaway Company will do the Construction, and
the long term Operations.
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4. Appendices attached hereto will provide a History and
Representative Projects for:
a. The Hardaway Company
b. Gulf Sales and Engineering Corp.
c. CDC Environmental Corp.
5. CDC Environmental Corp. has committed their Technology
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and Patents necessary for this project will be made
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available.
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6. The Coryoratt Structure for this project is described
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herein elsewhere, and -is shown in diagram form in
Appendix "A". The officers and Management for Miami
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Waste Partners will be located on -site or.in Tampa, and
they will have the authority to execute all Contracts
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and Documents related to this project.
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MIAMI WASTE PARTNERS
6215 E. SLtGH AVENUE
TAMPA, FLORIDA 33617
February 3, 1993
The City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Request for Proposal (REP)
Solid Waste Processing Facility
City of Miami. Florida
REP No. 91-92-102
Gentlemen:
Standard Power Company, acting for Miami Waste Partners (a
corporation to be formed) herewith submits its Qualifications
to design, construct, acceptance test, finance, own/operate a
"Solid Waste Processing Facility" (the "Facility") for the
City of Miami. The other members of our project team who will
participate with us in this Proposal to the City are identi-
fied in the attached data.
We represent to the City that we have the technical exper-
ience and/or hold the patent rights, licenses or franchises;
or have made the requisite contractual arrangements for the
technology and/or equipment we plan to use.
This proposal provides significant benefits to the City of
Miami: First, it is a cost effective and environmentally safe
alternative to landfill or incineration. Second, the proposed
system will meet all Local, Federal, and State requirements
for recycling of trash. Third, it creates jobs for the local
market, the majority at the unskilled level. -Finally, it can
provide the City of Miami with a revenue source.
We look forward to your evaluation of
this proposal and the
opportunity to work with the City of
Miami.
very truly yours*
Standard Power Company for
e
M I AM I *HASTE PARTNERS
(a corporation to be formed)
Theodore C. McGill
Vice President
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cc: File TM165
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PROPOSED CORPORATE STRUCTURE
IQ PROYIb A 661.#D iIASTE tRi E59ING FACILITY• FOR
!HE CITY CWMIA!!I. FLORIDA
February 3, 1993
Standard Power Company
6215 E. Sligh Ave.
Tampa, Florida 33617
613-621-7771
CDC Environmental Corp.
4625 E. Bay Drive
Clearwater, Florida 34624
813-530-3550
--(equity ownership) --
(Prime Csntractor
Miami Mate Partners
-Project
- (Corp. to be formed)
Management
6215 E. Sligh Ave.
= Tampa, Florida 33617
-Financial
813-621-7771
Guarantor
--(by contract)
Technology J,Proce•s D-egian
Gulf Sal" i Engineering
-Technology
4625 E. Say Drive
Clearwater. Florida 34624
-Process
= 813-539-3550
Design
_
a
9i; nc r-lillitDamian
tf '
-Environmental
Professional Architectural
Permitting
Engineerig Firm Located
In Miami, Florida
-B-O-P Design
Congtructiop g8l
11oonnoo Ik InIntgnangg
LIP.
;
The Hardavay Company
-Construction
y
0. Box 290817
Tampa, Florida 33687
-Operations"
813-623-5877
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M I ANI 1ASTE PARTNERS
6 215 E . SL I GH AVEM
TAUPA. FLORIDA 33617
February 23, 1993
Ms. Judy Carter
City of Miami
1390 NW 20th Street
Miami, Florida 33142
FAX: 305/575-5180
Re: Solid Waste Processing Facility
RFP 91-92-102
Ladies.& Gentlemen:
We object to you declaring Miami WALL partners' proposal for
the above referenced project "non -responsive".
The Hardaway Company supports this proposal; therefore,
— financial information and experience for The Hardaway Company
were submitted with the proposal. The following,points smite
The Hardaway Company uniquely qualified for this project:
1. In business nearly one hundred (100) years.
2. A substantial presence in Florida for Twenty five
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3. Annual revenues in excess of $175,0009000.00.
4. Bonding capacity of $330,000.000.00.
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5. A substantial current projects list. subs�itt.ed with
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the proposal which includes several` a' sto'treatment
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facilities, and one (1) of the major Hurricane Andrew
clean-up contracts.
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6. "Reference Plant Technical Data" can be'provided if
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requested.
93- 24
ILL. L.J. �L .'y-^!.t►'1w— . _...i r—
February 23, 1993
Ms. .1udy Carter
City of Miami
Page 2 of 2
Our proposal of SS6.00 per ton, and a return of 7S% of the
revenue to the City, is very competitive. by our calculations
our proposal saves the City neatly $13,000,000.00 over a
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twenty (20) year period. The citizens of the city of Miami
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should not be deprived of this obvious benefit.
Please reconsider your position.
Very truly yours,
Standard Power Company for
MIAMI WASTE PARTNERS
(a corporation to be formed)
i_
Theodore C. McGill,
I
{_
Vice President
cc: M. Lampton
R. De i
J. Springer.
File TMt69
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0*11 KFP tiC!. 91.4-102: SPSCf1►ICliTIONs
1.5 Financial Proposals
a. Service Fee Proposal - The Proposer will be evaluated
on the proposed rate per ton for gross tipping fees.
The final rates will be a major evaluation criterion
and will be determined through negotiations. (N.B. no
minimum tonnage is guaranteed by the City.)
b. Revenue Sharing Proposal - The Proposer shall specify a
minimum annual percentage of gross revenues generated
from the sale of any and all recyclables annually, to
be paid to the City. This shall be specified in the
Proposer's financial Proposal.
The Proposer will be evaluated on its perceptions of long range
operational requirements with regard to anticipated population
growth in the City and the accompanying ability for the Facility
to meet such increases in throughout capacity. While this area
of evaluation is based entirely on hypothetical projections, the
City seeks to engage by contract a Proposer which can meet the
needs of the City over the long term. In preparation of
responses in these areas, proposers are encouraged to suggest
several options for the City's consideration.
2.0 PROPOSAL SUMUSSION RBQUIRMUCNTS
The following information is required from an interested
Proposer in response to this RFP. The Proposer must respond
to items 2.1 through 2.5 in the format outlined herein.
2.1(a) General Management
Key contact person -provide the name, address, and
telephone number of the Proposer and key contact
person.
Type of orgaflization--describe the type of organisation
(corporation, partnership, joint venture, etc.),
history, and the ownership and - organisational
background and structure of the Proposer.
Provide. the address and telephone number of the
principal place of business (headquarters) of the
Proposer.
List full names and business addresses of all officers
and directors of all entities forming part of the
Proposer.
List full names and business addresses of all partners
or stockholders who hold ten percent (10%) of ownership
of the Proposer.
Page 4 of 11
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93- 247 451,
RFP NO. 91-92-101-s SPECIFICATIONS
2.3 !Municipal Solid Waste Experience
The Proposer must describe its technical experience as
it relates to the design, construction, and operations
of an aerobic composting plant. List all aerobic
compost facilities designed, built and operated or
currently under construction by the Proposer. The list
must identify the exact location of each by giving an
address and telephone number for each facility.
Provide information on each facility, its, processing
capacity, operational start-up date, hours of
operation, contractual arrangement, ownership and other
pertinent information.
Describe the Proposer's experience and/or the
experience of its staff relative to the operation of
aerobic windrow composting facilities and the marketing
of compost products and other recovered materials.
Give the names and telephone numbers of market
references for all posted projects and/or those
intended to be utilized in conjunction with the
operation of the Facility.
List the expected principal in-house management,
technical and marketing personnel who would be assigned
to the Facility should the Proposer receive the
Contract and describe their experience and expertise.
If the Proposer does not have direct experience in
aerobic windrow composting, but does have closely
related experience in other areas of waste processing,
then complete information must be provided regarding
such experience.
The City requires the Proposer to have at a minimum two
(2) years ofa. experience, in the operation and
management of an aerobic composting facility, to be
considered a viable Proposer under this RFP. The
Proposer and or its' officers must have been "directly
involved" in the development, construction, start-up
and- operation of Facility. "Directly involved" is
defined as corporate level management,
(officer/director) responsible for implementation of
the above referenced duties.
2.4 Reference Plant Technical Data
The Proposer must submit data on at least one currently
operating plant as a reference (the "Reference Plant")
with which the Proposer is able to evidence its
capabilities and direct experience in processing mixed
Page 7 of 11 33- 247
RfP NO. 9.2-1021 SPSCIPICATION5
municipal solid waste, yard waste, and/or wastewater
sludge or a combination of these wasters. The Reference
Plant must have been in continuous operations for at
least one year and must currently be in operation. The
following information regarding the Reference Plant
must be provided:
a) Location of the Reference Plant.
b) Reference Plant participants and. contractual
parties.
c) Name, address and telephone number of entity
responsible for design, construction, start-
up/testing and initial operations.
d) Commencement date of operations of Reference
Plant.
e) Description of Reference Plant equipment.
f) Description of Reference Plant operations.
g) Design capacity in Time Per Day, Time Per Week and
Time Per Year of Reference Plant.
h) Highest record throughput capacity (actual) Time
Per Day and Time Per Week, recorded as average of
one operating week at Reference Plant.
i) Average weekly Reference Plant throughout
capacity.
j) Total municipal solid waste processed and
composted in Time Per Year for a minimum, average,
and maximum annual tons processed for each year of
reported operations of Reference Plant.
4
k) Listing of staff of Reference Plant by job
classification, including member and essential
staff for operation that may be provided by
others.
1) Percent of unscheduled Reference Plant down -time
on an annual basis.
m) Type of solid waste delivered to the Reference
Plant, (residential, commercial, industrial, etc.)
Indicate Time Per Day of each type of the total
solid waste delivered and processed. Provide
quantities of wastewater sludge, if processed.
Page 6 of 11
93- 247