Attachment 7 - Memo of Agreement Regarding Environmental Laws and Regulation .pdf

Solicitation No.: FA446025R0002

ADDENDUM

TO THE

MEMORANDUM OF AGREEMENT

BETWEEN THE

ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY

AND

THE U.S. AIR FORCE, LITTLE ROCK AIR FORCE BASE

RELATING TO THE COMPLIANCE OF CONTRACTORS PERFORMING WORK

AT LITTLE ROCK AFB WITH ENVIRONMENTAL LAWS AND REGULATIONS

This Addendum concerns the Memorandum of Agreement ("MOA") entered into between the Arkansas Department of Pollution Control and Ecology and the United States Air Force, Little Rock Air Force Base, relating to the Compliance of Contractors Performing Work at Little Rock AFB With Environmental Laws and Regulations.

Pursuant to the provisions of Act 1219 of 1997 ("the Act"), the "Arkansas Department of Pollution Control and Ecology" ("ADPC&E") will have its name changed to the "Arkansas Department of Environmental Quality" ("ADEQ"), effective March 31, 1999.

Pursuant to the Act, ADEQ succeeds to the general powers and responsibilities previously assigned to the Arkansas Department of Pollution Control and Ecology.

The parties to the above-referenced agreement hereby acknowledge notice of the name change to Arkansas Department of Environmental Quality, effective March 31, 1999.

FOR THE U.S. AIR FORCE, LITTLE ROCK AIR FORCE BASE:

Dated:

Paul J. Fletcher, Colonel, USAF Commander, 314th Airlift Wing

FOR THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY:

Dated:

Randall Mathis, Director

Attachment 7

MEMORANDUM OF AGREEMENT (MOA)

BETWEEN

LITTLE ROCK AIR FORCE BASE (LITTLE ROCK AFB)

AND

ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY (ADPC&E)

OR ITS SUCCESSORS

RELATING TO THE COMPLIANCE OF CONTRACTORS PERFORMING WORK AT

LITTLE ROCK AFB WITH ENVIRONMENTAL LAWS AND REGULATIONS

Article I. Joint Statement of Purpose: Whereas Little Rock AFB and ADPC&E are committed to the continued protection of the natural environment; and whereas compliance of contractors working at Little Rock AFB possess a large potential for improvement;

and whereas various operations at Air Force bases will continue to be examined for the potential for contractor execution; and whereas the United States Environmental Protection Agency has embarked on new initiatives to use flexible, common-sense methods to achieve results;

Therefore, the purpose of this agreement is to define responsibilities and rights of Little Rock AFB and ADPC&E, or its successors, with regards to improving the compliance of contractors performing work at Little Rock AFB with national, state, and local laws and regulations that protect human health and the environment. This agreement also defines a framework for resolving problems regarding contractor compliance

This agreement extends the principles laid out in the Environmental Quality Improvement Partnership MOA between Linle Rock AFB and ADPC&E (dated 23 Jul 97), formally defines the good working relationship between Little Rock AFB and ADPC&E, and continues the mutual cooperation enjoyed by the two parties.

Article II. Scope: This agreement will apply to the entire property and organizational structure of Little Rock AFB, AR, including all tenant organizations. This agreement is meant to apply to all environmental laws and regulations, but specifically addresses the following areas of concern: asbestos containing material (ACM), lead based paint, air permit, storm water management, hazardous material (HM) and hazardous waste (HW) management, solid waste management, and petroleum oils and lubricants (POL) management.

Article III. Responsibilities: This agreement establishes a partnership between Little Rock AFB and ADPC&E, or its successors, wherein each party commits to enhanced communications and cooperation in this comprehensive effort. Both parties agree to share information with the other to achieve their joint statement of purpose. In particular, the parties agree to the following:

1. Little Rock AFB Responsibilities: Little Rock AFB and its employees agree to accomplish the following:

(a) LRAFB will ensure that contract documents include the following requirements:

(i) Performance specifications will be utilized for pollution prevention and control.

(ii) Disposal of HW will be through the local Defense Reutilization and Marketing Office (DRMO) to ensure proper disposal, manifestation, and tracking of HW

(iii) Contractors will employ adequately trained employees who comply with existing state certification and licensure requirements and will provide proof of their certification or license.

(iv) Contractors will have an emergency response and countermeasures plan (to include fire and spills) that conforms to the base's contingency response plan.

(v) For construction contracts, including demolition and renovation, contractors will file the required notification or certification with the state and pay the associated, required fees. The notification or certification will be posted in plain sight at the construction site.

(vi) On a weekly basis, Little Rock AFB will maintain a catalog of the HM brought onto the base by short-term contractors. Long-term contractors will be required to follow the more stringent HM request and tracking procedures that innate base organizations must follow.

(b) Little Rock AFB will review and approve the contractors’ pollution prevention and control plans.

(c) Little Rock AFB will provide environmental awareness classes to all construction inspectors, quality assurance inspectors (QAEs), contract administrators, and holders of government credit cards that are used for services. Little Rock AFB will provide more in-depth training to these personnel on specific media or other requirements on an asneeded basis. The construction inspectors, contract administrators and QAEs will make periodic inspections of construction, staging, and work areas as a part of their normal inspections and quality assurance duties.

(d) Little Rock AFB will provide emergency response assistance (to include spill and fire response) when an incident has expanded beyond the contractor's ability to adequately respond.

(e) Little Rock AFB will notify ADPC&E within 24 hours of identification of contractor violations of Federal or state environmental laws or regulations or any incident that may impact an off-base area.

(f) Little Rock AFB will take appropriate sanctions against contractors violating environmental regulations and laws.

2. ADPC&E Responsibilities: ADPC&E, or it successors, and its employees agree to accomplish the following:

(a) ADPC&E will provide information to Little Rock AFB when it is an owner/operator regarding any proposed enforcement actions against contractors known to be performing work at the base.

(b) ADPC&E will keep Little Rock AFB's environmental office on the state's public comment mailing lists to allow the base ample opportunity to provide comments to new or amended regulations.

(c) When violations of environmental laws and regulations are caused by contractors at Little Rock AFB, and those violations warrant action by ADPC&E, ADPC&E's first response will be to pursue action against that contractor. Little Rock AFB should not hesitate to contact ADPC&E regarding contractor violations due to fear of action against the base by

ADPC&E.

Article IV. Criteria and Standards: Each party to this agreement assumes good faith of the other party as a general standard. Both parties agree to promptly notify the other if problems arise and to work together to resolve those issues. Measures of merit for this MOA will include (but are not limited to) an overall improvement in compliance by contractors at Little Rock AFB; issues raised at meetings are tracked and resolved; and as a result, both agencies devote fewer resources to enforcement actions. On an annual basis, the parties will select representatives to attend a cross-feed meeting to determine areas of success and those requiring improvement.

Article V. Termination: This agreement may be terminated at any time at the request of the senior official of either party and does not affect in any way ADPC&E enforcement responsibilities at Little Rock AFB or Little Rock AFB compliance responsibilities.

However, upon request of termination by either party, a single meeting will be held for the purpose of discussing any outstanding issues or areas of concern.

Agreed to on this date, MR E. RANDALL MATHIS (date) PAUL J. FLETCHER (date) Director Colonel, USAF Arkansas Department of Commander, 314th Airlift Wing Pollution Control and Ecology Little Rock Air Force Base

FINAL MOA

(ATTACHMENT)