0023_A_TAKE-SWI-HAZARDOUS WASTE DISPOSAL AT A CONTRACTOR FACILITY.doc

USNS ANYSHIP

( XXXX XX )

1.0 ABSTRACT

This item describes the requirements for the contractor to provide services to identify, test, handle, store, transport, and dispose of any hazardous wastes generated during the performance of this work package.

2.0 REFERENCES/ENCLOSURES

2.1 References

2.0 Resource Conservation and Recovery Act (RCRA) as amended

2.0 10 U.S.C. §7311

2.0 Applicable Uniform Hazardous Waste Manifest Form

2.0 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods; EPA Document, SW-846; the official compendium of analytical and sampling methods that have been evaluated and approved for use in complying with the RCRA regulations.

2.0 OPNAVINST M 5090.1(SERIES), ENVIRONMENTAL READINESS PROGRAM MANUAL

2.0 Enclosures

2.0 List of Expected Types & Quantities of Hazardous Wastes

2.0 Hazardous Materials Survey Requirements

3.0 ITEM LOCATION/DESCRIPTION

3.0 Throughout the ship and adjacent areas where ship related work is accomplished causing the generation of hazardous waste as stated below.

4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES: None

5.0 NOTES

5.0 The contractor and all subcontractors, regardless of tier must consult the General Technical Requirements (GTR) to determine applicability to this work item. In performance of this work item, the contractor and all subcontractors regardless of tier must comply with all applicable GTR requirements.

5.0 The contractor and all subcontractors, regardless of tier are advised to review other work items under this contract to determine their effect on the work required under this work item.

5.0 The definitions of many terms used in this work item are found in Work Item 001.

5.0 Hazardous Waste Defined

5.0 RCRA hazardous waste is waste that appears on one of the four hazardous wastes lists (F-list – 40 CFR 261.31, K-list – 40 CFR 261.32, P-list 40 CFR 261.33, or U-list 40 CFR 261.33), or exhibits at least one of four characteristics; ignitability, corrosivity, reactivity, or toxicity as defined in 40 CFR Part 261, Subpart C.

5.0 Any material that is classified and regulated as a hazardous waste by international, federal, state and local regulations for the location where the work is being performed shall be treated as hazardous waste in this item.

5.0 If a material is not specifically determined to be hazardous waste in the location where the work is being performed, the waste shall be considered as non-hazardous waste for the purposes of this contract and shall be properly disposed of as part of the contractor’s bid work requirements for the work item that generates the waste. The costs associated with the removal, handling and disposal of these non-hazardous wastes shall not be charged against this item.

5.0 The waste stream list identified in Enclosure 2.2.1 represent potentially hazardous wastes that may have been encountered on MSC ships in the past. Hazardous waste generated during the actual performance of the work may vary in type or amount from waste identified in Enclosure 2.2.1, as classified and regulated by international, federal, state and local regulations for the location where the work is being performed.

5.0 This item does not cover the disposal of bilge water and/or tank wash water that is deemed hazardous waste due to the presence of oil in the water, as may be the case in certain states. Oil contaminated bilge water disposal is covered under Work Item 011. Oil contaminated wash water is covered under Work Item 021.

6.0 QUALITY ASSURANCE REQUIREMENTS

6.0 The proper characterization of potentially hazardous wastes shall be performed by one of the following means:

6.0 Chemical analysis by a third party certified testing laboratory in accordance with Reference 2.1.4 (required for all hazardous wastes with aggregate disposal costs above $5,000).

6.0 Reference to a material safety data sheet, (MSDS).

6.0 Applying knowledge and objective qualitative and quantitative data of the hazardous characteristics of the wastes based on the materials or process(es) used.

6.0 The contractor must provide a means to accurately measure and record/document the amount of potentially hazardous wastes generated in this work package.

6.0 The contractor shall provide the regulatory cite, referencing the threshold values exceeded which identify the material in question to be hazardous waste.

7.0 STATEMENT OF WORK REQUIRED

7.0 Hazardous waste management and control

7.0 The contractor shall have in place an effective hazardous waste management and control system for the identification, handling, storage, transportation and disposal of hazardous waste in accordance with Reference 2.1.1.

7.0 The contractor shall submit a hazardous waste management and control plan, signed by the contractor’s environmental manager, as part of the bidder’s proposal submittal package.

7.0 Additionally, the contractor shall submit up-to-date reference documentation delineating all hazardous waste regulations applicable for work performed at their facility. This document is to be in portable document format (PDF) and shall be part of the contractor’s bid proposal submittal package.

7.0 The contractor's control system shall be capable of limiting the amounts of hazardous waste generated in the performance of all work items and preventing the generation of all unnecessary hazardous waste materials during performance of the contract.

7.0 The control system shall ensure that all hazardous wastes are handled, stored, transported, and disposed of in accordance with References 2.1.1 and 2.1.2 and all applicable international, federal, state, and local rules and regulations. It shall further ensure that all processes and procedures which have the potential to generate hazardous waste contain readily identifiable language (or other markings), which indicates that hazardous waste is a residual product of the work performance, and that such wastes are to be handled, stored, transported and disposed of in accordance with References 2.1.1 and 2.1.2 and all applicable international federal, state and local rules and regulations.

7.0 Generator numbers

7.0 Generator numbers shall be used on all Uniform Hazardous Waste Manifest Forms.

7.0 When the contractor or any of its sub-contractors performs work which in any manner results in the creation of hazardous waste, documentation related to such waste shall bear the contractor’s generator number.

7.0 When work is performed internationally, the international and local regulations shall be followed, however, in all cases, the contractor shall be the generator of the hazardous waste.

7.0 Per NAVSEA doctrine (OPNAVINST M 5090.1(Series), ENVIRONMENTAL READINESS PROGRAM MANUAL, Section 22-6.1.4), hazardous wastes generated solely by the ship shall be retained onboard and shall only be disposed of to a Naval Facility. Therefore, MSC should not be claimed as the generator of hazardous waste while the ship is at the contractor’s facility.

7.0 Procedure for initiating work

7.0 MSC has identified potentially hazardous wastes which may be produced during performance of this contract in Enclosure 2.2.1.

7.0 Upon vessel arrival at the contractor’s facility, the contractor shall survey all ship spaces, areas, equipment, lockers, and storerooms in the presence of the OMT REP to identify material requiring disposal which may be characterized as hazardous waste. The nature of the potentially hazardous waste shall be determined through the testing requirements of this work item listed in 6.1. The survey results shall be tabulated in a spreadsheet format per Enclosure 2.2.2 of this work item.

7.0 Following the arrival survey, if potentially hazardous wastes are discovered through any work associated with a work item in this work package, the contractor is required to notify the OMT REP in writing. Each notification shall be in accordance with Enclosure 2.2.2.

7.0 Hazardous material is only to be handled, stored, transported and disposed of when authorized by the OMT REP.

7.0 In the event that a hazardous waste is identified onboard the ship and is authorized for removal by the OMT REP, and the OSHA regulations require containment and special personal protective equipment and health monitoring, these requirements shall be specifically identified by the contractor, and the costs shall be the subject of a change order to the generating work item.

7.0 In some states, bilge water may be determined to be hazardous waste due to the presence of oil in the water. When this occurs, the disposal costs shall not be charged against this item. Oil contaminated bilge water is covered in Work Item 011. In the event the bilge water is determined to be hazardous waste due to some contaminant other than oil, the disposal charges shall be charged against this work item.

7.0 In some states, tank wash water may be determined to be hazardous waste due to the presence of oil in the water. When this occurs, the disposal costs shall not be charged against this item. Oil contaminated tank wash water is covered in Work Item 021. In the event the tank wash water is determined to be hazardous waste due to some contaminant other than oil, the disposal charges shall be charged against this work item.

7.0 The physical labor to accomplish the work requirements of a particular work item, including the removal of coverings and interferences, is covered under that work item. In the event that hazardous waste is discovered in preparation for the accomplishment of that work item, the following guidance is provided.

7.0 Special costs for containments, medical screening and other precautionary measures shall be in accordance with article 7.3.5 of this work item.

7.0 Cost associated with the testing, handling, segregation, movement off the ship, temporary storage, transportation, management and disposal shall be covered under this work item, as long as the requirements of this work item are fulfilled.

7.0 The contractor shall submit weekly reports via condition found report to the OMT rep itemizing all materials being handled as hazardous waste up to that time. This report shall be submitted whether hazardous wastes have been handled or not.

7.0 Hazardous Waste Disposal

7.0 Contractor’s offer shall include $50,000 towards the cost of hazardous waste disposal, plus the total price for contractor management and handling fees. If the actual cost of hazardous waste disposal exceeds $50,000 plus the total price for contractor management and handling fees, a change order will be issued for the difference. If the actual cost of hazardous waste disposal is less than $50,000 plus the total price for contractor management and handling fees, a change order will be issued to credit the Government for the difference. The contractor shall receive the management and handling fee on a pro-rata basis. Change orders and credits due shall be on a pro-rata basis of the waste disposed.

7.0 Compensation will be based on properly identified hazardous waste and quantities as shown on the applicable Uniform Hazardous Waste Manifests. This will include matching the waste with the waste description identified in Enclosure 2.2.1 or additional items as appropriate. Compensation will be paid against actual invoices submitted for the transportation and disposal of the hazardous wastes. All applicable documentation, including invoices and proof of disposal at an authorized hazardous waste disposal site and signed by an authorized representative of the authorized disposal facility shall be required for reimbursement.

7.0 The contractor shall include a management and handling fee, as a percentage of the total estimated disposal costs, to account for the contractor’s efforts to identify, test, manage, handle and temporarily store the hazardous wastes in the yard. “Test” above includes all testing required in 6.1. This fee shall be added as a pro-rata expense to each submitted invoice to cover the contractor’s work efforts.

7.0 Submit Uniform Hazardous Waste Manifest Forms to the OMT REP when disposing of hazardous waste complete with the contractor’s EPA generator number.

7.0 Outgoing Uniform Hazardous Waste Manifest Form: Submit three copies of the completed form signed by the generator and the transporter prior to transporting hazardous waste from the contractor’s facility.

7.0 Returning Uniform Hazardous Waste Manifest Form: Submit three copies of the form completed and signed by the owner or operator of an authorized disposal facility acknowledging receipt of the hazardous waste within five days of receipt.

7.0 The contractor shall ship the hazardous waste to a facility legally authorized to accept the identified waste. The contractors shall ensure that transportation of hazardous waste is accomplished only by haulers registered to perform such transportation with cognizant local, state, federal, and international requirements for the locality that the work is being performed.

7.0 The contractor must submit the following in order to receive compensation under this work item: If any of the items listed in 7.6.1 through 7.6.5 are not provided, the contractor shall not receive compensation until such time as they are provided.

7.0 Shipyard’s invoice for the waste disposal. The invoice shall cover the pass-through charge from the waste disposal facility and the shipyard’s pro-rata charge for the management and handling fees.

7.0 A document identifying the regulatory reference and method utilized under article 6.1 to determine the material was hazardous waste. When analytical testing is utilized, test results shall be included.

7.0 Copies of the outgoing Uniform Hazardous Waste Manifests.

7.0 Copies of the return Uniform Hazardous Waste Manifests.

7.0 Copies of invoices from the hazardous waste transfer and disposal facilities submitted for the transportation and disposal of the hazardous wastes. This invoice must be the invoice the shipyard receives from the transfer and disposal facility and show the amount the shipyard was charged for the hazardous waste disposal.

7.0 Upon completion of the work package, submit a Final Hazardous Waste Removal Summary Report to the OMT REP. The report shall provide an itemized list of the hazardous wastes removed by type, quantity, unit price, extended price, analysis method used, regulatory cite that determined the material hazardous waste, work item that generated the waste, generator assignment along with the applicable manifests for each item, and any third party chemical analysis conducted in accordance with article 6.1.

7.0 An electronic copy of the Final Hazardous Waste Removal Summary Report shall be sent to:

7.0 The OMT REP

7.0 The MSC Contracting Officer

7.0 The MSC Technical Library at email address MSC_N7_TechLibrary@us.navy.mil

7.0 Nothing contained in this work item shall relieve the contractor from complying with applicable international, federal, state, and local laws, codes, ordinances, and regulations, including the obtaining of licenses and permits, in connection with hazardous waste identification, handling, transportation, and disposal in the performance of this contract.

8.0 GENERAL REQUIREMENTS: None additional

EnclosurE 2.2.1 - List of Expected Types & Quantities of Hazardous Wastes Listing of Potentially Hazardous Wastes for Item 023

The items listed in the table above are examples of wastes that have, at times, been determined to be hazardous wastes based on the locality and characteristics of the substance. If an item on this list is not regarded as a hazardous waste in the locality where the work will be performed, then the contractor shall cross out these items from the list, indicating that they are not considered to be hazardous wastes. Accordingly, the disposal of these non-hazardous wastes generated in the conduct of the work items shall be covered entirely in the bid costs presented by the contractor for the generating work item and shall not be claimed as a cost against WI 023.

Enclosure 2.2.2 - Hazardous Materials Survey Requirements Asbestos, lead paint, PCB and general survey forms shall be separate.

1.

Column 1: Indicates Contractor assigned identifier number for each sample.

2.

Column 2: Indicates reason sample was obtained e.g. suspected Lead Paint, suspected Asbestos, etc.

3.

Column 3: Indicates the general location from which the sample was obtained; for example, Store Space 2-50-1, forward bulkhead. Where sketches are used to indicate the location, enter “See Sketch” in column 3. Sketches must be serialized and reference the contractor assigned identifier in Column 1.

4.

Column 4: Indicates the specific location from which the sample was obtained. Where sketches or photographs are used to indicate a specific location, enter “see sketch” or “see photograph” in column 4. Sketches and photographs must be serialized and reference the contractor assigned identifier in Column 1.

5.

Column 5: Indicates whether the sample was hazardous or not and the method used to identify the nature of the waste. In instances where tests were required to be performed in accordance with Reference 2.1.4, the test results shall be included and serialized and reference the contractor assigned identifier in Column 1.

6.

Column 6: Cites the specific reference and threshold that characterizes the material as hazardous waste for the particular locality that the work is being performed.

7.

Column 7: Cites the work item that generated the waste.

8.

All analysis results or copies of Material Safety Data Sheets (MSDS) which indicate a material’s hazardous condition must be attached to the form and serialized according to the identifier number. The identifier number shall be entered directly on the laboratory test result sheets and the MSDSs.

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