1b. Division 1 - 01 57 19 - 1C _July 2019.docx

Offutt Air Force Base 23 July 2019

SECTION 01 57 19

ENVIRONMENTAL SPECIAL CONDITIONS

PART 1 –GENERAL

1.1 ENVIRONMENTAL COMPLIANCE

1.1.1 The Contractor shall comply with all current Air Force, Department of Defense, Federal, State and local laws, regulations, instructions, policies and permits relating to environmental compliance.

1.1.2 Unfamiliarity or disregard by the Contractor of such laws, regulations, instructions, policies and permits shall not constitute a defense for violations issued by Federal, State or local compliance authorities. The cost of any fine, penalty or remediation for violations shall be borne fully by the Contractor.

1.1.3 The 55th Civil Engineer Squadron’s (55 CES) Environmental Compliance Element (CEIEC) is the subject matter POC for environmental compliance on Offutt Air Force Base and its associated properties. CEIEC can be accessed by the Contractor via the 55th Contracting Squadron (55 CONS) or the Contracting Officer’s Representative (COR) or directly at 402-294-4087 during duty hours or 402-650-5685 after duty hours for emergent issues.

1.2 SAFETY DATA SHEETS (formerly called: MATERIAL SAFETY DATA SHEETS)

1.2.1 Definitions

‘Enterprise Environmental, Safety and Occupational Health – Management Information System’ (EESOH-MIS) is a single point validated entry, which provides a secure, scalable development environment based on Oracle 9l, that is platform independent. Database allows ESOH to effectively manage multiple years of information and enables users to retrieve historical information regarding hazmat usage and environmental reporting.

‘Priority chemical’ means a chemical identified by the interagency Environmental Leadership as such.

‘Toxic chemical’ means a chemical or chemical category listed in 40 CFR Chapter 1, Subpart D, § 372.65.

‘Hazardous material’ (or ‘HAZMAT’) includes the following:

· Hazardous materials as defined by The Department of Transportation in 49 CFR 172

· Hazardous substances, extremely hazardous substances, toxic chemicals and hazardous waste as defined by EPA in Title III of the Superfund Amendments and Reauthorization Act and the Resource Conservation and Recovery Act, in 40 CFR

· Hazardous Chemicals and Hazardous Substances as defined by the Occupational Safety and Health Administration (OSHA) in 29 CFR 1910, Subpart H – “Hazardous Materials”

1.2.2 Federal facilities must comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11023) and elements of the Pollution Prevention Act of 1990 (PPA) section 6607 (42 U.S.C. 13106).

The Contractor Reporting sections of Federal Acquisition Regulation (FAR) 52.223-5 (Pollution Prevention and Right-to-Know Information), require Contractors to provide all information needed by the Federal facility to comply with the following:

1.2.3 Safety Data Sheets (SDS)

Fifteen (15) working days prior to bringing hazardous materials onto Offutt AFB the Contractor shall submit the Safety Data Sheets and usage information on all hazardous materials they (including all Sub-Contractors) intend to use throughout the life of the contract. The COR will review the information with the Environmental Compliance Element.

1.2.4 Storage and Handling

All hazardous materials shall be stored and handled in accordance with all Occupational Safety and Health Administration (OSHA) and National Fire Prevention Association (NFPA) requirements. In addition to those requirements, all storage and staging areas shall be provided with secondary containment and shall be located away from traffic areas and protected from any incursion into the area that could damage the containers or cause a spill. Secondary containment shall be provided by the Contractor to contain at least 110% of the volume of the largest container stored so as to contain any spills or leaks. When stored outdoors, all hazardous materials shall be covered to avoid contact with the elements and to keep precipitation from entering the secondary containment structure.

A Hazardous Material Storage Plan shall be submitted for approval by the Government from the Environmental Compliance Element prior to beginning any project. Upon approval from the Government, a copy shall be kept on site and available at all times.

1.2.5 Spill Reporting

The Contractor shall immediately report all spills of hazardous materials to the Government, via the Offutt Fire Department at 402-294-3582 and the Contracting Officer’s Representative assigned to the project.

The report shall include the following information:

A written report containing the same information as the verbal report shall be submitted for Government records within 24-hours of the release. The Contractor is responsible for the cost of all clean up associated with any release. The Government will file all reports required for environmental regulatory compliance. The Contractor is responsible for the cleanup of all spilled material, including restoration of all areas contaminated by the spill, and for costs incurred by the Government for any assistance or remedial action taken by the Government on behalf of the Contractor. All clean up and restoration shall be done to the satisfaction of the Government. A copy of all clean up and restoration reports shall be submitted for Government recordkeeping via AF Form 66. Handling and disposal of spill clean-up material shall be in accordance with Paragraph 1.5.4.

1.3 SUBMITTALS

a. Safety Data Sheets (reference paragraph 1.2.3)

b. Hazardous Material Storage Plan (reference paragraph 1.2.4)

c. Spill Reporting (reference paragraph 1.2.5)

d. Contractor HAZMAT Request Form (reference paragraph 1.4)

e. Certificate of Hazardous Waste Training (reference paragraph 1.5.1)

f. Waste Analysis Reports (reference paragraph 1.5.4)

g. Request for Disposal (reference paragraph 1.5.4)

h. Test Results (reference paragraph 1.5.4)

i. SPCC Plan (reference paragraph 1.6.2)

j. Petroleum Container Storage Plan (reference paragraph 1.6.2)

k. Report of Waste Water Discharges (reference paragraph 1.7)

l. NPDES Weekly and Post Rain Event Inspection Reports (reference paragraph 1.8)

m. NPDES CSW-NOI Permit and SWPPP (reference paragraph 1.8.1)

n. Project Plan to Control Sediment and Other Contaminants (reference paragraph 1.8.4)

o. NPDES/SWPPP Termination Letter (reference paragraph 1.8.5)

p. NPDES NOI Dewatering Permit (reference paragraph 1.9)

q. NPDES NOI Dewatering Permit Required Reports and Test Results (reference paragraph 1.9)

r. Dewatering Method of Disposal (reference paragraph 1.9)

s. Nonhazardous Solid Waste Diversion Volumes (reference paragraph 1.11)

t. Environmental Training (reference paragraph 1.15)

u. US Army Corps of Engineers Section 404 Permit (reference paragraph 1.16)

1.4 HAZARDOUS MATERIAL AUTHORIZATION - PRIOR TO INSTALLATION ACCESS

Per AFI 32-7086 para 2.4.2.2.1., 55 CES/CEIEC (Environmental Office) developed installation-specific procedures to ensure HAZMAT brought onto the installation by contractors are properly authorized, managed, and tracked. The Contractor shall utilize the Contractor HAZMAT Request form located at the end of this section to list potential HAZMAT to be used on this contract and then submit the form with current Safety Data Sheets attached via AF Form 3000 through the Contracting Officer Representative (COR). The COR will submit the Contractor HAZMAT Request form and current Safety Data Sheets to the Environmental Office for authorization and assignment of a government HAZMAT tracking database number within the Enterprise Environmental, Safety and Occupational Health – Management Information System (EESOH-MIS). Once authorized, the Environmental Office will return Contractor HAZMAT Request form with the SDSs attached back to the COR. At the end of the process or project, Contractors shall remove any remaining HAZMATs from Offutt AFB property.

FAR Clause 52.223-3 Hazardous Material and Material Safety Data Identification states as follows:

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

1.5 DISPOSAL OF REGULATED WASTES

The Contractor shall comply with all current Air Force, Department of Defense, Federal, State and local laws, regulations, policies and permits concerning the proper handling, accumulation, and disposal of regulated wastes. These include, but are not limited to:

· Title 40 Code of Federal Regulations (CFR) Parts 260/282 (40 CFR 260-282) Federal solid and hazardous waste regulations.

· Title 49 Code of Federal Regulations (CFR) Parts 171-173 (49 CFR 171-173) Federal transportation regulations.

· Title 40 Code of Federal Regulations (CFR) Part 112 (40 CFR 112) Spill Prevention Control and Countermeasure Plan

· State of Nebraska Administrative Code Title 128 State solid and hazardous waste regulations.

· City of Omaha Code Chapter 31 City of Omaha sewer standards

· Offutt AFB Hazardous Waste Management Plan Summarizes the hazardous waste accumulation and storage requirements.

1.5.1 Hazardous Waste Training

The Contractor is responsible for ensuring all contract personnel who handle or are exposed to hazardous waste are trained in accordance with applicable regulations and requirements. The Contractor shall maintain hazardous waste training records for all contract personnel. These records will be maintained at the jobsite and available to Government personnel upon request.

1.5.2 Accumulation, Storage, and Sampling Wastes

Contractor activities that generate hazardous waste must operate an Initial Accumulation Point (IAP) for the collection of wastes. The IAP must have its siting approved by the Government (Offutt Fire Department, Ground Safety, Bioenvironmental Engineering and Environmental Compliance). The operation of the IAP must conform to 40 CFR 262.15 and the Offutt AFB Hazardous Waste Management Plan (HWMP). Waste sampling shall be accomplished by the Contractor at an accredited laboratory at no additional cost to the Government. Waste analysis records shall be maintained by the Contractor and forwarded to the Government. Waste accumulated at the IAP shall be correctly disposed by the contractor. No contractor waste is to be left behind. Contractor waste shall not be left behind to include partially used or unused Hazardous Materials, even if they plan to return to similar project at a later time during the year or the following years. The contractor will be contacted to remove and dispose of same at their expense.

1.5.3 Containers and Containment

The Contractor shall supply all waste storage containers, which shall be new or refurbished and labeled as Department of Transportation (DOT) approved. Containers shall be compatible with the material/waste stored in them. Secondary containment, as required in Paragraph 2.4, for all containers shall be provided by the Contractor. All additional storage and handling requirements of the Offutt AFB HWMP shall be followed.

1.5.4 Disposal Procedures

The Contractor shall dispose of all hazardous wastes (including universal wastes) in accordance with all current applicable regulations and policies. Waste Analysis Reports, including but not limited to, sampling results, safety data sheets and waste stream information will be provided to the Government via AF Form 66. Waste may not be accumulated in excess of 55 gallons.

Prohibited wastes are liquids or liquids containing solids that are prohibited by City of Omaha Code from being disposed of to the sanitary sewer. The Contractor shall submit test results for the Government to determine proper disposal.

Special wastes (e.g. fuel-contaminated soil) are wastes which may be disposed of at specially-designated landfills, with the landfill's prior approval. The Contractor must submit a Request for Disposal at the landfill along with any landfill-required Testing Analysis, and receive Government approval for disposal of special wastes to a landfill. The Contractor is responsible for all costs associated with disposal of special wastes.

Non-regulated wastes shall be disposed of at a Nebraska Department of Environment and Energy (NDEE) approved landfill. The Contractor is responsible for all costs associated with the disposal of non-regulated wastes.

1.6 SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN

1.6.1 Condition of Equipment

All Contractor equipment (including containers and vehicles) shall be kept in good condition while on Offutt AFB property. Any equipment found leaking or dripping any hazardous material shall be taken out of service immediately until repaired and all spilled material shall be cleaned up in accordance with the requirements of Paragraph 1.2.5.

1.6.2 SPCC Plan

The Contractor is responsible for handling, using, and storing all regulated petroleum oil (including fuel) on the facility in accordance with the requirements of 40 CFR 112 and Offutt’s Spill Prevention Control and Countermeasures (SPCC) Plan. Prior to bringing any petroleum storage container on base the Contractor shall submit certification for Government approval that the owner of the container has in-place a SPCC Plan in accordance with 40 CFR 112 and that the container is a part of that plan. The Contractor shall submit a Petroleum Container Storage Plan for Government approval prior to transporting or storing any petroleum-based products on Offutt AFB. The plan shall include the following information:

(a) Site plan with the location of containers

(b) Capacity of each container

(c) Contents of each container

(d) Containers must have secondary containment that will contain at least 110% of the capacity of the container. If secondary containment is not available the container must be labeled with a certification that it has passed integrity testing performed in accordance with 40 CFR 112 within the past two years.

(e) List (type and quantity) of spill control and clean-up materials in sufficient quantity to contain and clean up the quantity of regulated petroleum products stored, and

(f) Certification that the tanks meet the following requirements:

· The capacity of the tank shall not exceed 12,000 gal (45,420 L).

· All piping connections to the tank shall be made above the normal maximum liquid level.

· Means shall be provided to prevent the release of liquid from the tank by siphon flow.

· Means shall be provided for determining the level of liquid in the tank. This means shall be accessible to the delivery operator.

· Means shall be provided to prevent overfilling by sounding an alarm when the liquid level in the tank reaches 90 percent of capacity and by automatically stopping delivery of liquid to the tank when the liquid level in the tank reaches 95 percent of capacity. In no case shall these provisions restrict or interfere with the proper functioning of the normal vent or the emergency vent.

1.7 WASTE WATER DISCHARGES

The Contractor shall not discharge any waste water onto the ground or into any Waters of the State (including all storm water inlets and open drainage ditches) unless expressly permitted to do so by NDEE. Any release of waste water onto the ground or into Waters of the State (including all storm water inlets and open drainage ditches) from Offutt’s sanitary sewer collection system shall be immediately reported to the Government via the Environmental Compliance Element at 402-294-4087 during duty hours or 402-650-5685 after duty hours for emergent issues.

The report shall include the following information:

· Location of release

· Time of release

· Cause of release

· Amount released

· Corrective actions taken

The Contractor is responsible for the cost of all clean up associated with any release. A written report containing the same information as the verbal report shall be submitted for Government records within 24-hours of the release.

1.8 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONSTRUCTION ACTIVITIES Construction activities (including other land-disturbing activities) that disturb one (1) acre or more are regulated under the NPDES storm water program and require a NPDES Permit for Storm Water Discharges from a Construction Site. This includes smaller sites that are part of a larger common plan of development that will or has the potential to disturb one (1) acre or more of land over the duration of the contract. The Contractor is responsible for all material and labor costs associated with the required permit. A copy of the standard permit for construction sites is available on the NDEE web site. The Contractor shall submit to the Government all Weekly Inspection Reports as well as required inspections after rain events in .pdf format and upload to a log on the required website submittal system. Note that where state and Environmental Protection Agency (EPA) guidelines conflict, the more stringent shall apply on federal installations.

1.8.1 Permit Application

Operators of regulated construction sites equal to or greater than one (1) acre are required to obtain permit coverage from the Nebraska Department of Environment and Energy (NDEE) and to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the permit. A copy of the Construction Storm Water - Notice of Intent (CSW-NOI) submittal and the SWPPP required by NDEE shall be submitted for approval by the Government to the Environmental Compliance Element prior to beginning any project. Upon approval from the Government and receipt of the CSW Permit issued by NDEE, a copy shall be submitted to the Government for recordkeeping and a copy shall be kept on site and available at all times.

1.8.2 Storm Water Pollution Prevention Plan (SWPPP) for State-regulated sites.

In addition to the NPDES requirements in the SWPPP, the following items shall also be addressed:

· Spill prevention and control for materials and wastes,

· Construction debris and litter management,

· Concrete waste management (including rinsing concrete from trucks),

· Sanitary/septic waste management,

· Liquid waste management.

Contractors shall use the EPA SWPPP Template available at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates for all SWPPP submittals, and Contractors shall reference the City of Omaha storm water website, www.omahastormwater.org and the Omaha Regional Storm Water Design Manual, http://omahastormwater.org/orsdm/ in their preparation. SWPPP samples and guides are available at these websites, and additional questions regarding the creation and approval of the SWPPP should be directed via the COR or 55 CONS to the Environmental Compliance Element’s Storm Water Program Manager at 402-294-4087 during duty hours or 402-650-5685 after duty hours for emergent issues.

Prior to beginning construction, the Contractor shall have both a NDEE CSW-NPDES Permit and approval of the SWPPP from the Government.

1.8.3 Grading and Erosion Control

Temporary and permanent structural practices shall be installed in accordance with the City of Omaha Soil Erosion and Sediment Control Manual (copies available from the city of Omaha Public Works Department) and maintained in accordance with the issued NPDES permit requirements to eliminate sediment and other contaminants from leaving the construction site.

Documentation of all inspections required by the permit shall be kept on site in accordance with the permit and copies of all documentation shall be submitted for Government recordkeeping within two (2) days of the completion of the document. Any deficiencies with the SWPPP discovered during the course of the project shall be corrected immediately.

1.8.4 Construction Activities Less Than One Acre

Beyond industry standard best management practices, construction activities that disturb less than one acre normally do not require any special plans or submittals. The Government, at its discretion, reserves the right to require submittal for Government approval of a project plan addressing the installation and maintenance of temporary and permanent structural devices and practices (conforming to the City of Omaha Soil Erosion and Sediment Control Manual) to eliminate sediment and other contaminants from leaving the construction site. If the Government requires this plan, the Contractor shall have 30 days to complete submission to the Government and inspections of the control structures are required at the same frequency as if a permit was received from the State of Nebraska.

1.8.5 NPDES / SWPPP Termination Letter

Per State of Nebraska requirements, termination of the permit is required in writing at the completion of construction. A copy of the Contractor’s letter to the state and the State’s response shall be submitted to the Government. If the site is less than 1 acre and a State permit is not required, the Contractor shall submit a letter to the Government terminating their SWPPP.

1.9 NPDES PERMIT FOR DEWATERING OPERATIONS

All dewatering operations (including, but not limited to, pumping from an excavation, lowering the groundwater level via well points, hydrostatic testing, etc.) require dewatering permits issued by NDEE. The Contractor is responsible for obtaining and meeting all the requirements of dewatering permits. A copy of the NOI for the Dewatering Permit shall be submitted to the Government for review and approval. No dewatering operation shall occur until a permit has been issued by NDEE to the Contractor and submitted to the Government for verification. Copies of all reports, inspections, analytical testing, etc. required as part of the permit requirements shall be submitted to the Government within two (2) days of completion. If any of these items are to be submitted to NDEE, a copy of the submittal letter to NDEE will accompany the Government submittal. For dewatering in areas with contaminated groundwater, the Contractor shall be responsible for weekly sampling and analysis for priority pollutants (Volatile Organic Chemicals [VOCs] and semi-VOCs, metals, etc.) in accordance with the permit requirements. In addition, the Contractor shall submit for Government approval the Method of Disposal of the water. If analysis indicates contamination levels below the permit limits, the Contractor, upon Government approval, can discharge the water to the storm sewer. The Contractor shall be responsible for all the material and labor cost associated with the requirements of the permit and discharging the water to either type of sewer based on the weekly analytical results. The Contractor is not responsible for any sewer fees for disposal of effluent from an approved dewatering operation to the sanitary sewer.

1.10 AIR PROGRAM REQUIREMENTS

The Contractor shall ensure compliance with all current Air Force, Department of Defense, Federal, State and local laws, regulations, instructions, policies and permits, including Nebraska Administrative Code (NAC) Title 129, relating to Air Quality, prior to beginning construction work.

Any questions regarding Air Quality requirements should be directed via 55 CONS or the COR to the Environmental Compliance Element’s Air Quality Program Manager at 402-294-4087 during duty hours or 402-650-5685 after duty hours for emergent issues.

1.11 NONHAZARDOUS SOLID WASTE DIVERSIONS

In keeping with the Air Force solid waste diversion rate goal, the Contractor shall divert at least 50% of the construction and demolition debris generated during the project. The waste may be reused, recycled, sent to a waste-to-energy incinerator, or managed in another approved manner that keeps it from going to a landfill. The Contractor shall track and report the amount of construction and demolition debris disposed in a landfill, recycled, or sent to a waste-to-energy incinerator each quarter. The following form shall be completed and submitted to the Government no later than the first working day after the end of each quarter (31 Dec, 31 Mar, 30 Jun, and 30 Sept of any year).

Contact Information

Name

Phone

Date

Fiscal Year Quarter Q1 =October 1 - December 31 Q2 = January 1 - March 31 Q3= April 1 - June 30 Q4 = July 1 - September 30

Project Name(s) (e.g. construction of Wing Headquarters)

Construction and demolition related solid waste disposal data (Do not include base-wide routine solid waste picked up by BFI)

Total solid waste disposed (tons)

Construction and demolition related recycling data (Do not include base-wide, routine recycling such as aluminum cans and paper.)

Total recycled (tons)

Materials recycled (provide tonnage)

Asphalt

Concrete

Wood scrap

Metal

Soil

Other recycling (Do not include base-wide, routine recycling such as aluminum cans and paper.) Describe and provide tonnage.

Items reused that would otherwise be disposed. Describe and provide tonnage.

NON-HAZARDOUS SOLID WASTE DIVERSION

1.12 ARCHEOLOGICAL DISCOVERIES

If archeological discoveries are encountered during construction, the Contractor shall immediately cease operations and report their findings to the COR who will consult with the installation Cultural Resource Manager (CRM) in the Environmental Compliance Element at 402-294-4087 during duty hours or 402-650-5685 after duty hours for emergent issues.

1.13 TESTING

The Contractor shall analyze and test environmental samples using standardized methods in current editions of approved testing references such as SW-846, “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods”; 40 CFR 136, “Guidelines Establishing Test Procedures for the Analysis of Pollutants”; and “Standard Examination of Water and Wastewater”. The Contractor shall ensure the defensibility of test and analytical results through execution of sound scientific principles.

1.14 DUST CONTROL

Control of dust during construction, demolition activities, debris removal and any other activities required as a part of the work under this contract must be thorough and complete. For outdoors construction, dust and/or particulate matter associated with the construction process shall not become airborne in such quantities and concentrations that it remains visible in the ambient air beyond the boundaries of the construction site. Dust control shall be addressed in the Storm Water Pollution Prevention Plan (SWPPP) as required by Section 1.8, above.

1.15 ENVIRONMENTAL MANAGEMENT SYSTEM

The Air Force has implemented an Environmental Management System (EMS). Every contract employee that will physically work on the installation is required to be familiar with and understand the installation Environmental Policy which is posted on Offutt AFB public web page at https://www.offutt.af.mil/Portals/97/2018_EMS_TriFold.pdf?ver=2018-01-25-130823-800.

The acronym P.I.C.K. may be useful in remembering and demonstrating familiarization with this policy. The policy contains overarching commitments that include Pollution Prevention, Improving Continuously, Compliance with applicable environmental laws and policies, and Know how one’s job impacts the environment.

Additionally, every contract employee that will physically work on the installation is required to know the environmental requirements that apply to their duties and receive appropriate environmental training.

In the event the contracting officer determines it to be necessary, the Contractor shall provide proof of completion of such training by employees and subcontractors to the contracting officer.

Publically accessible web-based training is available at no cost at The Environmental Awareness Course Hub, otherwise known as TEACH, (https://usaf.learningbuilder.com).

1.16 JURISDICTIONAL WETLANDS

The Contractor shall obtain approval from the Government prior to conducting any work in, or potentially impacting, a ditch, stream, or other body of water which may be classified as a jurisdictional wetland on Offutt AFB property, per 33 CFR 328 and 40 CFR 230 Section 404(b). If the area is deemed to be a jurisdictional wetland, a section 404(b) permit must be obtained by the Contractor from the US Army Corps of Engineers prior to the start of any work. If applicable, a copy shall be submitted to the Government for recordkeeping and a copy shall be kept on site and available at all times.

1.17 RADIOACTIVE SOURCES

Any Contractor required to bring materials of a "Radioactive Source" onto Offutt AFB property must have the prior written approval of the Offutt AFB Radiation Safety Officer (RSO), located in the Bioenvironmental Engineering Flight. The RSO can be reached at (402) 294-6319. A copy of the written permission shall be kept on site and available at all times.

END OF SECTION

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