ATTACHMENT 11 Section 01 57 19 Temporary Environmental Controls.pdf

Section 01 57 19 – Temporary Environmental Controls

PART 1 GENERAL

1.1 REFERENCES

A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

B. U.S. ARMY CORPS OF ENGINEERS (USACE)

1. EM 385-1-1, Safety -- Safety and Health Requirements

C. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

1. 33 CFR 328, Definitions of Waters of the United States

2. 40 CFR 150 – 189, Pesticide Programs

3. 40 CFR 260, Hazardous Waste Management System: General

4. 40 CFR 261, Identification and Listing of Hazardous Waste

5. 40 CFR 262, Standards Applicable to Generators of Hazardous Waste

6. 40 CFR 279, Standards for the Management of Used Oil

7. 40 CFR 302, Designation, Reportable Quantities, and Notification

8. 40 CFR 355,Emergency Planning and Notification

9. 40 CFR 68, Chemical Accident Prevention Provisions

10. 49 CFR 171 – 178, Hazardous Materials Regulations

1.2 DEFINITIONS

A. Environmental Pollution and Damage

1. Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

B. Environmental Protection

1. Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

C. Contractor Generated Hazardous Waste

1. Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste.

These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

D. Pesticide

1. Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

E. Pests

1. The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.3 GENERAL REQUIREMENTS

A. Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

A. Ensure compliance with this section by subcontractors.

1.5 PAYMENT

A. No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

A. Government approval is required for submittals. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

1. Preconstruction Submittals

a. Environmental Protection Plan

b. Storm Water Pollution Prevention Plan (SWPPP): For any project that has to potential for any site disturbance, the contractor shall submit a SWPPP in accordance with Section 01 57 20 Environmental Protection.

1.7 ENVIRONMENTAL PROTECTION PLAN

A. Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues that the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section.

Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer to discussing the implementation of the initial Environmental Protection Plan;

possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan must be current and maintained onsite by the Contractor.

B. Compliance

1. No requirement in this Section will relieve the Contractor of any applicable

Federal, State, and local environmental protection laws and regulations.

During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

C. Contents

1. Include in the environmental protection plan, but not limit it to, the following:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

f. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1 and USAFACFS regulation 200-2. Include in this plan, as a minimum:

i. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the Contracting Officer and the DPW Environmental Division in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

ii. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

iii. Training requirements for Contractor's personnel and methods of accomplishing the training.

iv. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

v. The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

vi. The methods and procedures to be used for expeditious contaminant cleanup.

g. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal.

i. Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

ii. Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction. Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted (e.g. the first working day of January, April, July, and October).

iii. Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic meters yards or tons along with the percent that was diverted.

iv. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

h. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

i. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

D. Appendix

1. Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 PROTECTION FEATURES

A. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report will be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the contract.

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

A. Any deviations from the drawings, plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.10 NOTIFICATION

A. The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan.

After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

A. Obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations is the Contractor's responsibility.

3.2 LAND RESOURCES

A. Confine all activities to areas defined by the drawings and specifications.

Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

B. Work Area Limits

1. Mark the areas that need not be disturbed under this contract prior to commencing construction activities. Mark or fence isolated areas within the general work area that are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and/or protecting particular objects.

C. Landscape

1. Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.3 WATER RESOURCES

A. Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or federally issued Clean Water Act permits.

B. The contractor shall provide best management practices to prevent storm water pollution for all task orders regardless of the need for a storm water pollution permit. If multiple projects (multiple work orders) are performed under a single task order, the task order is viewed as a single project for storm water permit requirements; thus if the aggregate disturbance is greater than 1 acre a permit is required even though each work order is less than 1 acre of ground disturbance.

3.4 AIR RESOURCES

A. Equipment operation, activities, or processes will be in accordance with all

Federal and State air emission and performance laws and standards.

B. Particulates

1. Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, bag house, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area.

Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations.

C. Odors

1. Odors from construction activities must be controlled at all times. The odors must comply with State regulations and/or local ordinances and may not constitute a health hazard.

D. Sound Intrusions

1. Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of Oklahoma rules.

E. Burning

1. Burning is prohibited on the Government premises.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

A. Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

B. Solid Wastes

1. Place solid wastes (excluding clearing debris) in containers that are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste.

Waste materials will be hauled to the Government landfill site designated by the Contracting Officer. Comply with site procedures pertaining to the use of landfill areas.

C. Chemicals and Chemical Wastes

1. Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums must be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

D. Contractor Generated Hazardous Wastes/Excess Hazardous Materials

1. Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes; protect it from the weather by placing it in a safe covered location, and take precautionary measures such as berming or other appropriate measures against accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations is the Contractor's responsibility. Transport Contractor generated hazardous waste off Government property in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations.

Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer and the DPW Environmental Division. Cleanup and cleanup costs due to spills are the Contractor's responsibility.

E. Fuel and Lubricants

1. Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations.

F. Wastewater

1. Disposal of wastewater will be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants.

Dispose of the construction related wastewater off-Government property in accordance with all Federal, State, Regional and Local laws and regulations.

b. For discharge of ground water, the Contractor will land apply on the project site in accordance with all Federal, State, Regional, and/or Local laws and regulations for pumping and land applying ground water.

c. Water generated from the flushing of lines after disinfection or disinfection in conjunction with hydrostatic testing will be land applied in accordance with all Federal, State, and local laws and regulations for land application.

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

A. If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources will be suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.7 MAINTENANCE OF POLLUTION FACILITIES

A. Maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.8 POST CONSTRUCTION CLEANUP

A. The Contractor will clean up all areas used for construction in accordance with

Contract Clause: "Cleaning Up". Unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area must be graded, filled and the entire area seeded unless otherwise indicated.

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