ATTACHMENT L - CLEAN AIR AND WATER CERTIFICATION.pdf

ATTACHMENT L

CLEAN AIR AND WATER CERTIFICATION

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $150,000.

Applicable if the contract exceeds $150,000, or the Vending Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $150,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 7401- 767lq.) or the Federal Water Pollution Control Act (33 U.S.C.1251-1387) and is listed by EPA, or the contract is not otherwise exempt. The Vendor shall execute this Certificate.

NAME OF VENDOR:

THE VENDOR AGREES AS FOLLOWS:

A. To comply with all the applicable standards, orders or regula�on issued pursuant to the Clean Air Act, as amended , 42 U.S.C 7401-767lq and the Federal Water Pollu�on Control Act, as amended, 33 U.S.C.1251- 1387 respec�vely, rela�ng to inspection, monitoring, entry, reports and informa�on as well as other requirements specified in Sec�on 114 and Sec�on 308 of the Air Act and the Water Act, respec�vely, and all regula�ons and guidelines issued thereunder before the award of this contract.

B. That no por�on of the work required by this prime contract will be performed in a facility listed on the Environmental Protec�on Agency list of viola�ng facili�es on the date when this contract was awarded unless and un�l the BPA eliminates the name of such facility or facili�es from such lis�ng.

C. To use his/her best efforts to comply with Clean Air standards and Clean Water standards at the facili�es in which the contract is being performed.

D. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph.

THE TERMS IN THIS CLAUSE HAVE THE FOLLOWING MEANINGS:

A. The term "Air Act" means the Clean Air Act, as amended (42 U.S.C 7401-767lq, as amended by Public Law 91-604).

B. The term "Water Act" means Federal Water Pollu�on Control Act, as amended (33 U.S.C. 1251-1387, as amended by Public Law 92-500).

C. The term "Clean Air Standards" means any enforceable rules, regula�ons, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Clean Air Act or Execu�ve Order 11738,an applicable implementa�on plan as described in sec�on 42 U.S.C.7410(d) of the Clean Air Act (42 U.S.C. 7410), an approved implementa�on procedure or plan under Sec�on 42 U.S.C 7405-7411, or approved implementa�on procedure under (42 U.S.C. 7412).

D. The term "Clean Water Standards" means any enforceable limita�on, control, condi�on, prohibi�on, standard, or other requirement which is promulgated pursuant to the Federal Water Pollu�on Control Act or contained in a permit issued to a discharger by the Environmental Protec�on Agency or by a State under an approved program, as authorized by the Water Act (33 U.S.C. 1342) or by local government to ensure compliance with pretreatment regula�ons as required by the Water Act (33 U.S.C. 1317).

E. The term "Compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedules, plans, and orders approved by a court of competent jurisdic�on, the Environmental Protec�on Agency or an Air or Water Pollu�on Control Agency in accordance with the requirements of the Clean Air Act or Federal Water Pollu�on Control Act and regula�ons issued pursuant thereto.

F. The term "facility" means any building, plant, installa�on, structure, mine, vessel, or other floa�ng cra�, loca�on or sites of operations, owned, sponsored, or supervised by the Vendor.

SIGNATURE/TITLE OF THE VENDOR AUTHORIZED REPRESENTATIVE DATE