1. Purpose and Scope

This policy governs the use of RFID windshield tags and key fobs issued to trade account holders by Mud Dawgs LLC for access to and use of our hydrovac organic waste disposal facilities located at 7690 Sterling Ranch Road and 6201 E. Platte Ave., Colorado Springs, CO. This policy applies to all trade account holders, their employees, drivers, contractors, and agents.

2. Credential Issuance and Assignment

Upon account approval, Mud Dawgs issues one windshield tag and one key fob per registered vehicle at no charge. Credentials are vehicle-specific and non-transferable. Use of a credential on any vehicle other than the vehicle to which it is assigned is a policy violation subject to the penalties in Section 4.

3. Mandatory Log-In Requirements

The following requirements apply on every site visit, without exception:

1. Windshield tag must be affixed to the registered vehicle and functional at every entry.
2. Driver must tap the assigned key fob at the kiosk terminal after each dump event to record the load and generate a receipt.
3. The key fob tapped must match the vehicle accessing the site — drivers may not use a key fob assigned to a different truck.
4. If the kiosk is not operational for any reason, a manual sign-in sheet is located adjacent to the kiosk. Drivers must complete it in full for every visit. Kiosk downtime does not excuse failure to log a visit — there is no excuse for failing to log each visit.
5. Technical issues with RFID credentials must be reported to the scale house at 719-400-1997 or admin@dawgsofmud.com.

4. Penalty Schedule

Mud Dawgs operates multiple cameras monitoring and recording all areas of both sites on a continuous basis. We review footage regularly and take compliance seriously. The following penalties apply per vehicle per account for each confirmed violation:

Violations are tracked on a rolling 12-month basis per vehicle. Penalties are invoiced on the next billing cycle. The same penalty schedule applies to drivers who scan a key fob not assigned to the truck accessing the site. Suspension means all vehicles on the account are restricted from site entry until resolved in writing with Mud Dawgs management.

5. Reinstatement After Suspension

To request reinstatement, the account holder must: (a) pay all outstanding penalty invoices in full; (b) submit a written compliance plan signed by an authorized representative; and (c) attend a reinstatement meeting with Mud Dawgs management. Mud Dawgs reserves the right to permanently revoke site access for repeat violations or any attempt to tamper with RFID equipment or surveillance systems.

6. Surveillance Notice

All areas of Mud Dawgs facilities are monitored by IP surveillance cameras recording continuously. Footage is retained and may be used to verify compliance, investigate disputes, and support any legal or regulatory proceeding. By accessing the site, all users consent to this monitoring and recording.

7. Lost or Damaged Credentials

Lost or damaged credentials must be reported immediately. A $5.00 replacement fee per item applies. Unreported lost credentials subsequently used to access the site will be treated as a policy violation under Section 4.

PLEASE READ THESE TERMS CAREFULLY. BY SUBMITTING A TRADE ACCOUNT APPLICATION OR ACCESSING MUD DAWGS FACILITIES, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND ALL AUTHORIZED USERS.

1. Definitions

“Accepted Materials” means non-hazardous, non-toxic, organic hydrovac spoils including soil, water, bentonite slurry, and other organic materials generated in hydrovac excavation operations.

“Prohibited Materials” means any material not qualifying as Accepted Materials, including any Hazardous Substance.

“Hazardous Substance” means any substance defined as hazardous, toxic, a pollutant, or contaminant under applicable law, including CERCLA (42 U.S.C. §9601 et seq.), RCRA (42 U.S.C. §6901 et seq.), the Clean Water Act, the Colorado Hazardous Waste Act (C.R.S. §25-15-101 et seq.), the Colorado Water Quality Control Act (C.R.S. §25-8-101 et seq.), and regulations thereunder, including petroleum products, PCBs, asbestos, lead, and solvents.

2. Payment Terms

Accounts are invoiced bi-monthly, due Net 15. Past-due balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by Colorado law. Customer is liable for all attorneys’ fees and collection costs incurred in recovering unpaid amounts. Mud Dawgs may suspend site access for any account more than 30 days past due without further notice.

3. Accepted Materials

Services are limited exclusively to disposal of Accepted Materials. Mud Dawgs is not a hazardous waste facility and is not licensed to accept Hazardous Substances. Customer bears sole responsibility for characterizing and verifying that all materials qualify as Accepted Materials prior to each visit. Any inspection of a load by Mud Dawgs personnel is for general operational purposes only and does not constitute a warranty regarding the character of the materials.

4. Prohibition on Hazardous Materials — Absolute Bar

Violation constitutes grounds for immediate permanent revocation of site access privileges without prior notice, and subjects Customer to all remedies under these Terms. Customer and its principals, drivers, and agents may also face civil and criminal liability under CERCLA, RCRA, and the Colorado Hazardous Waste Act. Customer acknowledges that a single disposal event involving Hazardous Substances may cause environmental contamination requiring remediation at substantial and potentially unbounded cost.

5. Indemnification

5.1 General Indemnification. Customer shall defend, indemnify, and hold harmless Mud Dawgs LLC and its members, managers, officers, employees, agents, successors, and assigns (“Mud Dawgs Indemnitees”) from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s use of the Facilities; (b) any act or omission of Customer or any Authorized User; (c) any breach of these Terms; or (d) personal injury, death, or property damage caused by Customer.

5.2 Environmental Indemnification — Unlimited. Without limiting Section 5.1, Customer shall defend, indemnify, and hold harmless all Mud Dawgs Indemnitees from and against all claims arising out of or relating in any way to the presence, release, threatened release, disposal, or transportation of any Hazardous Substance brought to or released at any Facility by Customer or any Authorized User, including: (a) all costs of investigation, removal, remediation, monitoring, and corrective action required under CERCLA, RCRA, the Colorado Hazardous Waste Act, the Colorado Water Quality Control Act, or any applicable law; (b) all civil and administrative penalties and fines; (c) all third-party claims for personal injury, property damage, or natural resource damages; (d) all legal and expert fees; and (e) any diminution in value of Mud Dawgs’ property attributable to contamination caused by Customer.

This environmental indemnification is unlimited, survives termination of Customer’s account for the maximum period permitted by law, and applies regardless of whether Mud Dawgs personnel inspected or approved the load.

6. Limitation of Mud Dawgs’ Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUD DAWGS’ AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED FEES PAID IN THE THREE (3) MONTHS PRECEDING THE CLAIM. MUD DAWGS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. This limitation does not apply to Customer’s indemnification obligations under Section 5, which are unlimited.

7. Insurance Requirements

Customer shall maintain: (a) commercial general liability insurance of not less than $1,000,000 per occurrence / $2,000,000 aggregate; (b) commercial automobile liability of not less than $1,000,000 combined single limit; and (c) workers’ compensation as required by Colorado law. Customer shall name Mud Dawgs LLC as an additional insured and furnish certificates of insurance upon request.

8. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Colorado without regard to conflict of laws principles. Any legal action shall be brought exclusively in the state or federal courts of El Paso County, Colorado. Customer irrevocably consents to personal jurisdiction and waives any objection to venue.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF THESE TERMS.

9. Miscellaneous

Entire Agreement. These Terms, together with the Trade Account Application and the RFID Compliance Policy, constitute the entire agreement between the parties.

Amendment. Mud Dawgs may amend these Terms upon written notice; continued use constitutes acceptance.

Severability. If any provision is held invalid, the remainder continues in full force.

No Waiver. Mud Dawgs’ failure to enforce any provision is not a waiver of its right to do so in the future.

Assignment. Customer may not assign its account without Mud Dawgs’ prior written consent. Mud Dawgs may assign without restriction.