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Sludge Disposal Agreement Draft_16th April 2024
Sludge Disposal Agreement Draft_16th April 2024
Sludge Disposal Agreement Draft_16th April 2024
This Disposal of Sludge Agreement (“Agreement”) is entered into at Hyderabad on the day _____ of
April, 2024 by and between; This document summarizes the scope and responsibilities of
AND
[a)] ETP Sludge has to be lifted from: Premier Energies Photovoltaic Private Limited, Fab City,
Hyderabad. TANFAC.Shall clear ETP Sludge based on the schedule given by Premier,
which shall be in the working days only Energies Photovoltaic Private Limited.
[b)] Premier Energies Photovoltaic Private Limited may also intimate TANFAC Industries Ltd as
and when they are required to clear the ETP sludge.
[c)] TANFAC Industries Ltd shall provide truck at the plant site to load the ETP sludge based
on the instruction of Premier Energies Photovoltaic Private Limited.
[d)] Transportation, and required for Manpower for handling and lifting shall be in scope of
TANFAC Industries Ltd. , However Premier energies photovoltaic Private limited will
support in loading of ETP sludge.
Trucks should arrive in the Premier Energies Photovoltaic Private Limited the working days
only.
a)[e)] Materials shall be disposed of on "As is where is" condition. Segregation/sorting etc of
material will not be allowed within the premises.
b) Any spillage caused by Tanfac, his hauler or his equipment while on Premier’s property, shall
be the Tanfac’s responsibility to properly clean up at the Tanfac’s expense. The clean-up shall
meet all applicable central and State standards and regulations.
[a)] Before taking possession of the material from the site, TANFAC Industries Ltd, shall pay the
full value as per theof invoice (including sales tax and excise duty and other applicable taxes)
for the material Before lifting.
a)[b)] Value of ETP Sludge will be decided by the both the parties after discussion.
b)[c)] All payments for removal of waste (ETP Sludge) shall be made payable by a crossed
demand Draft Pay order in the Name of " Premier Energies Photovoltaic Private Limited”
within seven (7) working days from the date of invoice raised.
[d)] Any revision in government levies such as excise duty, Sales tax, and any other taxes during
the validity period of this Agreement e contract will be strictly to account of TANFAC.
c)[e)] ETP sludge will be disposed against valid Purchase Order raised by TANFAC.
[a)] Any of the following defaults, where, Premier Energies Photovoltaic Private Limited decision
will be final and binding, will be liable for termination of contract.
[b)] Any action or inaction by TANFAC Industries Ltd (including its sub-contractors) which
results into damages caused to the property of the Premier Energies Photovoltaic Private
Limited property damages shall be is classified as equipment damage and shall into the
account of TANFAC. The results restoration/ replacement cost of such damages shall be
100% borne by TANFAC Industries Ltd.
[c)] Any dispute arising out of this Agreement e contract shall be subject to the exclusive
jurisdiction of the courts in Hyderabad only.
[d)] TANFAC Industries Ltd shall abide by all premier rules and regulations applicable to the
contract and shall indemnify Premier Energies Photovoltaic Private Limited against any and
all loss or liability suffered on accounts of non- compliance of any of the rules and
regulations.
TANFAC agrees to indemnify and save PREMIER harmless from all damages and claims for
damages, actual or alleged, suits, recoveries, judgments or executions (including costs,
expenses and reasonable attorney's fees) which may be made, had, brought or recovered by
reason of injury for and including death resulting therefrom, to any person, or damage to the
property of and person arising out of the making and performance of this Agreement.
a) Premier Energies Photovoltaic Private Limited shall unconditionally be entitled to retain any
material required for its own use.
b) This contract is awarded for a period as mentioned above and does not automatically entitle
TANFAC Industries Ltd for any renewal and or consideration whatsoever in future contracts
for ETP Sludge removal from Premier Energies Photovoltaic Private Limited.
c) Either party could terminate the contract with one month written notice in advance. TANFAC
Industries Ltd shall not be eligible for settlement/sunk cost or any such payment whatsoever
which arises due to notice of termination.
a) TANFAC Industries Ltd shall comply with the health and safety regulations of Premier
Energies Photovoltaic Private Limited and other applicable legal /statutory requirements and
ensure safe working while executing the contract. TANFAC Industries Ltd must ensure that
the ETP Sludge loaded into the truck is properly loaded in order to avoid any spilling or
flying of material out while loading/moving of the truck.
b) Personnel protective equipment like gloves, safety shoes, goggles, Helmets etc., shall be
provided by TANFAC Industries Ltd to the personnel employed at the site according to the
need of job. Any violation of safety rules will be viewed seriously and may lead to the
termination of the contract.
[c)] TANFAC Industries Ltd shall be is fully responsible for the safe disposal/use of ETP sludge
lifted and TANFAC Industries Ltd shall indemnify Premier Energies Photovoltaic Private
Limited and claim due to loss or injury to any person or violation of any environmental norms
of applicable laws.
[a)] TANFAC shall be Industries Ltd is responsible for Safe transportation of Hazardous Waste
(ETP Sludge), and it should be used for manufacturing of HF (Hydro Fluoric acid) and not for
any other purpose.
a)[b)] The following guidelines shall be followed prior to transportation of Hazardous Waste:
i. TANFAC Industries Ltd shall ensure that wastes are packaged in a manner adequately
suitable for safe handling, storage, and transport. LabelingLabelling on packaging is readily
visible and material used for packaging shall withstand physical conditions and climatic
factors.
ii.[i.] TANFAC Industries Ltd shall ensure that information regarding characteristics of wastes
particularly in terms of being Corrosive, Reactive, Ignitable or Toxic is provided on the label.
iii.[ii.] Transport of hazardous wastes shall be in accordance with the provisions of the rules made
by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued
from time to time.
iv.[iii.] All hazardous waste shall be provided with a general label as given in Form 12 in
Hazardous Waste (Management & Handling) Rules, 1989, as amended.
v.[iv.] Premier Energies Photovoltaic Private Limited shall issue a seven -copies (with colour
codes) of the manifest (Form 10) as per Rule 19 of the HW (M & H) Rules, 1989 and as
amended.
vi.[v.] The transporter shall give a copy of the manifest signed and dated to Premier Energies
Photovoltaic Private Limited and retain the remaining four copies to be used for further
necessary action prescribed in the Hazardous Wastes (Management & Handling) Rules, 1989,
as under:
[c)] Premier Energies Photovoltaic Private Limited shall forward Form 10 (Manifest Copy -
White) to State Pollution Control Board after handling over the hazardous waste(ETP Sludge)
to the transporter as per authorisation condition.
[d)] Premier Energies Photovoltaic Private Limited shall keep Form 10 (Manifest Copy - Yellow)
after taking signature on it from the transporter.
b)[e)] Premier Energies Photovoltaic Private Limited shall handover Form 10 (Manifest) Copy –
3 to 7(Pink, Orange, Green, Blue, and Grey) to transporter.
c)[f)] Transporter shall submit copies 3 to 7 of the manifest duly signed with date to TANFAC
Industries Ltd (Operator of the facility) along with the waste consignment.
d)[g)] TANFAC Industries Ltd on completion of the co-processing of the hazardous waste shall
forward copy 5 (Green) to State PCB and copy 6 (Blue) to Premier Energies Photovoltaic
Private Limited and the copy 3 (pink) shall be retained by the TANFAC Industries Ltd
(operator of the facility).
e)[h)] Premier Energies Photovoltaic Private Limited & TANFAC Industries Ltd will adhere in
stringent manner to the conditions issued in Hazardous Waste Authorizations/ Transportation
Authorization for Co-processing of Hazardous waste by CPCB/State PCB from time to time.
f)[i)] In case of interstate transportation of waste, the occupier (waste generator) shall strictly
follow the manifest system as stipulated under Rule 7 (5) of the HW (M & H) Rules, 1989
and amendments made there under.
g)[j)] TANFAC Industries Ltd shall ensure availability of Form 9, i.e. Transport Emergency
(TREM) Card regarding the hazardous nature of the wastes and measures to be taken in case
of an emergency.
h)[k)] TANFAC Industries Ltd shall inform Premier Energies Photovoltaic Private Limited in
case of cancellation of License with TSPCB/FORM 2/, Air, Water consent /CPCB and shall
not remove waste under those circumstances.
[l)] We Premier Energies Photovoltaic Private Limited, shall be sending the following waste per
month to TANFAC Industries Ltd.