B08 Attachment 0028 -Annex D - Environmental Requirements_9 June 23.pdf

ANNEX D

Env i ronmen ta l Requ i remen ts

1.1 The contractor shall comply with all applicable federal, state, local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulation, policy, Host Tenant Agreement, Interagency Service Agreement, or Status-of-Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the COR. The contractor shall develop a plan (CDRL PM-14) that identifies, with appropriate detail, how the contractor will ensure compliance. The contractor shall consult with the Environmental Office for suggestions and to obtain a copy of the installation’s pollution prevention/hazardous waste minimization plan for supporting waste minimization goals. The contractor shall maintain compliance with current ISO 14001 standards.

CDRL PM-14: Environmental Protection and Hazardous Material/Waste Management

1.2 The contractor shall follow the Federal Environmental Protection Agency (EPA) Comprehensive Procurement guidelines https://www.epa.gov/cpg and the Army Contracting Command Quick Guide for acquisition of building materials and products and select material that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse as found in TE 1G-006.

1.3 The contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon notice to proceed.

CDRL PM-14: Environmental Protection and Hazardous Material/Waste Management

1.4 The contractor shall immediately notify the Designated Government Representative (DGR) and COR of the arrival on site of any Federal, State, and/or DoD environmental regulator or enforcement agent and/or the receipt of any correspondence from a Federal or State environmental agency.

1.5 The contractor shall submit to potential Federal, State, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

1.6 The contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation environmental regulations or policies to the COR or DGR.

1.7 The contractor shall obtain from the COR or DGR, a copy of AMC’s National Environmental Policy Act Policy and 32 CFR 651 which addresses actions to be taken by contractor. These documents include but is not limited to the analysis-associated decision document of an Environmental Impact Statement and Record of Decision;

Environmental Assessment and Finding of No Significant Impact or Notice to Proceed;

or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.

1.8 The contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.

1.9 The contractor shall appoint a primary and alternate Environmental Compliance Designee (ECD) for each production, shop or work area that uses and/or stores hazardous materials and/or generates hazardous waste. The contractor ECDs shall monitor implementation of all environmental regulatory requirements, report all environmental noncompliance to the work site supervisor, correct all environmental noncompliance, and verify implementation of directed actions to correct identified environmental noncompliance. The contractor shall have at least one ECD on duty at all times at each shop or work area. The contractor shall require all personnel designated as ECDs to complete the initial ECD training through the installation or Major Subordinate Command (MSC) environmental compliance point of contact within 15 days of FOC. Contractor personnel appointed as ECDs may perform other duties provided they do not prevent the performance of ECD duties. Contractors may request a waiver of this requirement through the COR of DGR, if using and/or storing very small quantities of hazardous materials.

1.10 The contractor shall not allow personnel to perform any activities and/or tasks an US Government installation without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

1.11 The contractor shall coordinate with the designated installation organization Directorate of Public Works (DPW in most cases) to remove and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.

1.12 The contractor shall make every effort to divert construction, demolition debris, and all other solid waste to comply with the Army Integrated Solid Waste Management Policy.

1.13 Prior to removing any waste from the installation for disposal, the contractor shall coordinate with the installation Qualified Recycling Program (QRP) Manager, DGR and COR to arrange for recyclable materials to be removed and diverted from the waste stream.

1.14 The contractor shall submit in writing, the quantities of waste removed and recycled to the DGR and/or COR on a monthly basis. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled and the quantities of materials disposed/recycled by weight.

CDRL PM-14: Environmental Protection and Hazardous Material/Waste Management

1.15 The contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials.

1.16 The contractor shall make maximum effort to reduce and prevent waste.

1.17 The contractor shall assign all hazardous waste management responsibilities to the appointed ECD. The contractor shall contact the DGR and/or COR to obtain technical assistance from the Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous waste storage and disposal requirements.

1.18 The contractor shall assign all hazardous materials management responsibilities to the appointed ECD. The contractor shall contact the DGR or COR to obtain technical assistance from the Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous material storage, issue, use and disposal requirements. The contractor shall submit to the COR and/or DGR a hazardous material inventory. The hazardous material inventory will be submitted on a monthly basis. The contractor shall maintain copies of Safety Data Sheets for all hazardous materials used and stored on-site during performance of the contract. The contractor shall not supply or deliver any hazardous materials or chemicals to an installation that are listed on the EPA toxic chemical list without prior written approval from DGR and/or COR.

CDRL PM-14: Environmental Protection and Hazardous Material/Waste Management

1.19 The contractor shall comply with storm water pollution prevention minimum control measures, protocols, and best management practices (BMP) and ensure that water quality standards are not violated in accordance with all regulations and policies.

1.20 The contractor shall coordinate with DGR and/or COR when using any pesticides.

The contractor shall submit the type and quantity of regulated pesticides to be applied, the application purpose, and location to the DGR and COR for approval within 10 working days prior to the initial application. The contractor shall submit the actual quantities applied (DD 1532 or equivalent) to the DGR and COR within 2 working days (48 hours) after each approved application. The contractor shall utilize Integrated Pest Management (IPM) technology and procedures in strict compliance with all applicable Federal, State, Army and installation regulations, to include the installation’s integrated pest management plan. Pesticide applicators shall be certified and licensed in accordance with the State where work is being performed and/or Department of Defense regulations. The contractor shall provide evidence of personnel licenses and certifications to the KO and the DGR prior to the initial application of pesticides. Only those pesticides registered with the US EPA and approved by the Army Material Command Pest Management Consultant shall be utilized and then only in strict accordance with product labeling. The installation reserves the right to prohibit and limit the amount and type of pesticides used.

1.21 The contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any work, the contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and landforms. The contractor shall provide effective protection for land and vegetative resources at all times.

1.22 The contractor shall adopt the installation’s Spill Prevention Control and Countermeasures Plan (SPCC) if transporting, processing, storing, or in any way managing hazardous waste, hazardous material, petroleum-oils-lubricants, or other restricted items. In case of spill, the person in control of the spill site or their designated representative shall take appropriate action to protect workers and bystanders; contain the spill (if it can be done safely); secure the spill site; restrict ignition sources; and immediately contact the installation Fire and Emergency Services (Fire Department).

1.23 The contractor shall comply with all installation designated sensitive and/or off limit area restrictions. Sensitive areas are generally demarking indicating what activities (e.g., driving, digging, foot traffic) are prohibited.

1.24 The contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance, take immediate corrective action.

1.25 The contractor shall make the maximum use of low-noise emission products, as certified by the EPA.

1.26 The contractor shall prohibit the use of mercury products, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps.

Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack and prevent breakage, and transport out of the activity in an unbroken condition for disposal as directed. Immediately report to the DGR and COR instances of breakage or mercury spillage. Universal waste including but not limited to some mercury containing building products such as fluorescent lamps, mercury vapor lamps, high pressure lamps, CRTs, batteries, aerosol paint containers, electrical equipment containing PCBs, and consumed electronic devices, shall be managed in accordance with applicable environmental law and installation instructions.

1.27 The contractor shall consult with the Environmental Office for suggestions and to obtain a copy of the installation’s pollution prevention/hazardous waste minimization plan for supporting waste minimization goals.

1.28 The contractor shall develop a plan to address compliance with local regulations, Assignment and Utilization of Buildings, Structures and Furnishings; Army Building Energy Monitors Handbook; Repairs and Utilities Procedures and Implementation of Self-Help Program; and any local DPW SOPs, pertaining to the repair, upkeep and energy conservation procedures for assigned facilities. The contractor may participate in the DPW real property maintenance Facility Improvement Center Program (Self Help).

Self Help work includes the following contractor tasks: removal and replacement of light bulbs; perform minor plumbing repairs, unclogging drains, minor carpentry and painting work to maintain contractor occupied Government Furnished Facilities (GFF). Single repairs estimated to exceed 2.5 hours must be approved by the COR prior to performing the activity.

CDRL PM-15: Facilities Preventive Maintenance, Repair, and Energy Conservation Plan