Attachment 4 01560 ENVIRONMENTAL PROTECTION - REV 30JUL20.doc

SECTION 01560

ENVIRONMENTAL PROTECTION

1. DEFINITIONS:

1.1. Oil: Any kind of oil in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.

1.2. Hazardous Material (HAZMAT): Includes all items (including medical supply items, but excluding drugs in their finished form and pharmaceuticals in individually-issued items) covered under the Emergency Planning and Community Right-To-Know Act (or other host nation, federal, state, or local) tracking requirement, the OSHA Hazard Communication Standard (29 CFR 1910.1200), and all Class I and Class II Ozone Depleting Substances.

2. ENVIRONMENTAL PROTECTION REQUIREMENTS: The Contractor shall provide and maintain, during the life of the contract, environmental protection as defined herein. The Contractor shall provide environmental protection measures as required to control pollution that develops during normal construction practices. The Contractor shall provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. The Contractor shall comply with all federal, state, and local laws and regulations pertaining to environmental requirements. The Contractor shall develop proposals for an environmental protection plan for the project and, prior to the commencement of the work, meet with the Contracting Officer to discuss the proposed environmental protection plan. The meeting shall result in a mutual understanding relative to details of environmental protection, including measures for protecting natural resources, required reports, and measures to be taken should the Contractor fail to provide adequate protection in a timely manner. The Contractor shall perform a preconstruction survey of the project site and take photographs, as necessary, to enhance the survey.

3. ENVIRONMENTAL MANAGEMENT SYSTEM: Seymour Johnson AFB (SJAFB) has an Environmental Management System (EMS) in place. The Contractor shall support and comply with the EMS operational and administrative requirements. The Contractor and all relevant employees shall maintain an awareness of potential environmental impacts associated with the duties they are performing. Actions shall be taken to minimize those environmental impacts during any service, design and/or construction activity. The Contractor and all appropriate personnel shall complete EMS Awareness Training and ensure all employees working on SJAFB are knowledgeable of current EMS policies and procedures. EMS Awareness Training and a Summary of SJAFB’s EMS shall be provided to the Contractor. The Contractor shall provide training certificate(s) to the Contracting Officer within the first thirty (30) days of the submittal period. The Contracting Officer will subsequently provide these documents to the 4 CES Environmental Office.

3.1. Federal Acquisition Regulation (FAR) 52.223–19, Compliance with Environmental Management Systems: The Contractor's work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems.

3.2. FAR 52.223-5, Pollution Prevention and Right-to-Know Information:

(a) Definitions. As used in this clause—

“Toxic chemical” means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities must comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

1) The emergency planning reporting requirements of Section 302 of EPCRA.

2) The emergency notice requirements of Section 304 of EPCRA.

3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

6) The toxic chemical and hazardous substance release and use reduction goals of section 2(f) of Executive Order (EO) 13834.

7) The Sustainability Goals as described in section 2 of EO 13834.

4. PROTECTION OF NATURAL RESOURCES: The natural resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their existing condition or restored to an equivalent or improved condition upon completion of the work.

4.1. Land Resources: Except in areas indicated to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy trees or shrubs without special permission from the Contracting Officer. The Contractor shall not fasten or attach ropes, cables, or guys to any existing trees for anchorages unless specifically authorized. Where such special emergency use is authorized, the Contractor shall be responsible for any resulting damage.

4.1.1. Protection: The Contractor shall protect existing trees that are to remain and that may be injured, bruised, defaced, or otherwise damaged by Contractor operations.

4.1.2. Repair or Restoration: The Contractor shall repair or restore, to their original condition, all trees or other landscape features scarred or damaged by the equipment or operations. The Contractor shall obtain approval of the repair or restoration from the Contracting Officer prior to its initiation.

4.1.3. Temporary Construction: The Contractor shall obliterate all signs of temporary construction facilities such as haul roads or other temporary roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and all other vestiges of construction. Temporary roads, parking areas, and similar temporary use areas shall be graded in conformance with surrounding areas, tilled, and seeded. The Contractor shall include topsoil of nutriment during the seeding operation as necessary to reestablish a suitable stand of grass. The seeding operation shall be as specified in Section 02485.

4.2. Fish and Wildlife Resources: During the performance of the work, take such steps as required to prevent interference or disturbance to fish and wildlife. Do not alter water flows or otherwise significantly disturb native habitat adjacent to the project area that may be critical to fish and wildlife, except as may be indicated or specified.

5. EROSION & SEDIMENT CONTROL (E&SC) MEASURES: If the work associated with this project disturbs more than one (1) acre of land, the Contractor shall follow all requirements set forth in North Carolina General Statute 143-215.1, Permit No. (NCG010000 or NCG250000). This includes, but is not limited to, the design/application of an erosion and sedimentation control plan, paying the associated fee, the proper control of the Certificate of Approval (granted by the North Carolina Department of Environmental Quality), implementation of the plan, and all the inspection and monitoring requirements during the actual construction period along with the proper documentation. Effective April 1, 2019, permittees who have E&SC Plans approved on after that date are required to submit an electronic Notice of Intent (e-NOI). Copies of these required documents shall be provided and/or made available to appropriate government personnel upon request. All submittals shall be provided to the Contracting Officer and annotated on the AF66. Additionally, at least one (1) copy of each Notice of Intent, Letter of Approval (with any modifications), map showing Best Management Practices (BMPs), monitoring and outfall locations, Post-Construction Maintenance Plans (if required), and Certificate of Termination shall be given to the Contracting Officer. The Contracting Officer will subsequently provide these documents to the 4 CES Environmental Office.

5.1. If the work associated with this project disturbs less than one (1) acre of land, the Contractor shall provide properly and adequately designed/implemented erosion and sedimentation control practices so as not to contribute pollution to SJAFB’s regulated storm water discharges. This includes, but is not limited to, protection of storm drains, inspecting outfalls, ditches, or other waters of the State for sedimentation runoff; and controlling disposal of discarded building materials, concrete truck washout, chemicals, litter, and sanitary wastes at construction sites that may cause adverse impacts to water quality.

5.1.1. Burn-off: Burn-off of ground cover is not permitted.

5.2. All projects that involve land disturbance and have a footprint greater than 5,000 square feet must follow the SJAFB Comprehensive Watershed Protection Plan to meet the Energy Independence and Security Act (EISA) requirements. Coordination with the 4 CES Environmental Office must be accomplished to ensure all post-construction and LEED (O&M) requirements are met. In addition, the Comprehensive Watershed Protection Plan enforces a program that addresses SJAFB’s Municipal Separate Storm Sewer System (MS4) requirements (NPDES Permit NCS000335) for projects from new development and redevelopment projects, including public transportation projects that disturb greater than or equal to one (1) acre; and includes projects less than one (1) acre that are part of a larger common plan of development. Engineers shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology (no net increase in stormwater runoff or volume matching) of the property with regard to temperature, rate, volume, and duration of flow. Copies of all post-construction analysis shall be provided to the Contracting Officer. The Contracting Officer will subsequently provide these documents to the 4 CES Environmental Office.

6. CONTROL & DISPOSAL OF SOLID, CHEMICAL & SANITARY WASTES: The Contractor shall pick up solid wastes and place in containers that are emptied by the Contractor on a regular schedule. The preparation, cooking, and disposing of food are strictly prohibited on the project site. The Contractor shall conduct handling and disposal of wastes to prevent contamination of the site and other areas. Upon completion, the Contractor shall leave areas clean and natural looking. The Contractor shall obliterate all signs of temporary construction and activities incidental to construction of the permanent work in place.

6.1. Removal from Government Property: The Contractor shall remove rubbish and debris from Government property and dispose of it in compliance with federal, state, and local requirements.

6.2. Hazardous Material: Hazardous materials will be stored and managed in accordance with federal, state, local regulations and safety data sheet (SDS). All hazardous material containers will be labeled with Contractor name, address, point of contact and phone number. The Contractor shall coordinate with the 4 CES Environmental Flight to determine if hazardous material waste will be managed as hazardous waste. The Contractor shall conduct sample analysis sufficient to determine if the waste is a hazardous waste as defined in 40 CFR Part 261, if necessary. Any waste meeting the definition of hazardous shall be accumulated and manifested in accordance with federal, state, and local regulations, and coordinated with the 4 CES Environmental Element. The Contractor shall notify the Contracting Officer immediately in the event of any hazardous material or hazardous waste spill.

6.3. Petroleum Products: The Contractor shall conduct fueling and lubricating of equipment and motor vehicles in a manner that affords the maximum protection against spills and evaporation. The Contractor shall dispose of excess lubricants and oil in accordance with approved procedures meeting federal, state, and local requirements.

6.4. Vehicle & Equipment Washing: All wastewater from vehicle and equipment washing should be completed indoors, controlled, and discharged to the sanitary sewer. All unapproved non-stormwater discharges must be reported to the 4 CES Environmental Office at 722-5168.

7. DUST CONTROL: The Contractor shall keep dust down at all times, including non-working hours, weekends, and holidays. Sprinkle or treat, with dust suppressors, the soil at the site, haul roads, and other areas disturbed by operations. No dry power brooming is permitted. Instead use vacuuming, wet mopping, wet sweeping, or wet power brooming. Air Blowing is permitted only for cleaning non-particulate debris, such as steel reinforcing bars. No sandblasting is permitted unless the resulting dust is confined. Only wet cutting of concrete blocks, concrete, and asphalt is permitted. No unnecessary shaking of bags is permitted where bagged cement, concrete mortar and plaster are used.

8. SOLID WASTE DIVERSION & RECYCLING: All solid waste generated as a result of project activities is the responsibility of the Contractor. The Contractor shall provide necessary dumpsters, roll-offs, containers, etc. for proper storage, removal, and disposal of the solid waste. The Contractor shall not use SJAFB dumpsters, roll-offs, or containers for the disposal of solid waste. Solid waste debris, including construction and demolition (C&D) debris, shall be recycled and/or diverted away from landfill disposal to the extent practical for the project.

A. Construction debris that cannot be recycled: C&D materials that cannot be reused, recycled, or otherwise diverted must be segregated from other solid waste and disposed at an approved C&D landfill. The Wayne County C&D landfill is adjacent to the Municipal Solid Waste Landfill (MSWLF). The Contractor shall maintain records of construction debris diverted and disposed.

B. Recyclables: The Contractor shall remove recyclables from the solid waste stream to the extent practicable. Disposing of recyclables in a MSWLF is not acceptable and may constitute violation of the contract. Local county ordinance prohibits the disposal of solid waste with greater than 10% recyclables. In the event the county cites the Contractor for excessive recyclables within a load, the Contractor is solely responsible for fines and/or increased tipping fees. Recyclables shall be taken to off-base facilities for recycling with all profits from those materials being those of the Contractor. The Contractor shall maintain records (by weight) of all materials recycled and disposed.

Use of demolition debris (rubble) as fill material is considered recycling. The Contractor shall report reuse of such material in the monthly Solid Waste Diversion Report (see format below).

The Contractor shall report monthly, no later than the last day of the following month, the total weight of solid waste and C&D waste disposed, and the percentage diverted through recycling. The report shall be made in two (2) copies. The following format will be used:

Solid Waste Diversion Report Project #:

Contract #:

Facility #:

Contractor:

Contractor Point of Contact:

Contractor Phone #:

4 CES Quality Assurance Evaluator (QAE):

Report Period: dd/mm/yyyy to dd/mm/yyyy

A. Total Amount of Solid Waste Taken to Municipal Solid Waste Landfill

B. Total Amount of C&D Debris Taken to C&D Landfill For Disposal

C. Total Amount of Recyclables Retained for Consumption by Contractor

D. Total Amount of Recyclables Taken to Wayne County Recycling Center

1. Cardboard

2. Scrap Metal

3. Other

E. Total Amount of C&D/Recyclables Taken/Sold to Other Recycling Points or

Reused On-Site

1. Cardboard

2. Scrap Metal

3. Other

4. Fill Material

F. Total Solid Waste Generated (A+B+C+D+E) (includes all material generated from the project)

G. % Diverted from Municipal Solid Waste Landfill ((C+D+E)/F) *100

This report shall be submitted to the Contracting Officer monthly.

The Contracting Officer shall subsequently provide this report to the 4 CES project QAE monthly.

· 4 CONS: one (1) copy

· 4 CES QAE: one (1) copy

· 4 CES Environmental Office: one (1) copy as distributed by QAE

9. HAZARDOUS MaterialS: The Contractor shall obtain approval from the Hazardous Material Management Program (HMMP) team prior to purchasing, handling, using, and storing any chemicals, solvents, lubricants, and other products for this contract that require a SDS. The contractor shall identify these materials on a Contractor Hazardous Material Authorization, Inventory, and Usage Form (AF Form 3952 – Contractor Equivalent). The Contractor shall provide this inventory list and one (1) copy of the SDS for each item to the Contracting Officer who will subsequently provide these documents to the 4 CES Environmental Office for review and HMMP approval prior to any chemicals being brought onto SJAFB.

This Inventory and Usage Form shall also be used by the Contractor to report hazardous material usage. At project completion, the Contractor shall submit a final report (AF Form 3952 – Contractor Equivalent) to the Contracting Officer detailing overall project hazardous material usage.

For projects extending beyond six (6) months in duration, the inventory (AF Form 3952 – Contractor Equivalent) shall be used to provide monthly usage reports to the Contracting Officer and a final report at project completion. The Contractor shall maintain one (1) copy of the SDS for each hazardous material line item used within the work center.

Contractor Hazardous Material Authorization, Inventory, and Usage Form (AF Form 3952 – Contractor Equivalent)

3. Phone

4. Fax

5. Date

9. EXPECTED END DATE

10. CONTRACTOR SIGNATURE

11. WORKPLACE/BLDG

12. SUB-CONTRACTOR

13. DELIVERY ORDER

14. CONTRACT ADMINISTRATOR

15. CONTRACTING ADMINISTRATOR SIGNATURE

16. PHONE

17. FAX

18. DATE

19. Government QAE/OPR

20. SIGNATURE

21. PHONE

22. FAX

23. DATE

24. PROJECT/TASK DESCRIPTION

25. Usage Reporting Schedule

FORMCHECKBOX

Contract Term FORMCHECKBOX Monthly ______________(month reported)

Period5 Intended Use

3. Identify amount in container & the units item is measured in, i.e. gallon, ounces, lbs, etc.

4. Identify maximum amount present (stored and used) at any one time on SJAFB.

5. Report actual quantities used. Quantities should reflect the reporting schedule identified in line 25.

END OF SECTION 01560

Updated 30 July 2020