DSP9._Anti_Pollution_Measures.pdf

Appendix C – Designated Special Provision 9 (DSP9) 408/2026

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APPENDIX C

DESIGNATED SPECIAL PROVISION 9 (DSP9)

SPECIAL SUPPLEMENT1

ANTI-POLLUTION MEASURES

PART I, SECTION A

PENNSYLVANIA STATUTES

Act Relating to Abandoned Mines, Act of May 7, 1935, 52 Pa. Stat. §§ 809 et seq., as amended.

Act Relating to Black Powder, Act of May 31, 1974, 73 Pa. Stat. §§ 169 et seq., as amended.

Act Relating to Camp Regulation, Act of Nov. 10, 1959, 35 Pa. Stat. §§ 3001 et seq., as amended.

Act Relating to Cave-in or Subsidence of Surface Above Mines, Act of July 2, 1937, 52 Pa. Stat. §§ 1407 et seq., as amended.

Act Relating to Caving-in, Collapse, Subsidence, Act of May 27, 1921, 52 Pa. Stat. §§ 661 et seq., as amended.

Act Relating to Coal Land Improvement, Act of July 19, 1965, 52 Pa. Stat. §§ 30.101 et seq., as amended.

Act Relating to Coal Mine Subsidence Insurance Fund, Act of Aug. 23, 1961, 52 Pa. Stat. §§ 3201 et seq., as amended.

Act Relating to Coal Stripping, Act of June 18, 1941, 52 Pa. Stat. §§ 1471 et seq., as amended.

Act Relating to Coal Under State Lands, Act of June 1, 1933, 52 Pa. Stat. §§ 1501 et seq., as amended.

Act Relating to Control and Drainage of Water from Coal Formations, Act of July 7, 1955, 52 Pa. Stat. §§ 682 et seq., as amended.

Act Relating to Delaware River Pollution, Act of Apr. 19, 1945, 32 Pa. Stat. §§ 815.31 et seq., as amended.

Act Relating to Discharge of Coal into Banks of Streams, Act of June 27, 1913, 52 Pa. Stat. §§ 631 et seq., as amended.

Act Relating to Excavation and Demolition, Act of Dec. 10, 1974, 73 Pa. Stat. §§ 176 et seq., as amended.

Act Relating to Explosives, Act of July 1, 1937, 73 Pa. Stat. §§ 151 et seq., as amended.

Act Relating to Explosives, Act of July 10, 1957, 73 Pa. Stat. §§ 164 et seq., as amended.

Act Relating to Flood Control, Act of Aug. 7, 1936, 32 Pa. Stat. §§ 653 et seq., as amended.

Act Relating to General Safety, Act of May 18, 1937, 43 Pa. Stat. §§ 25-1 et seq., as amended.

Act Relating to Hazardous Materials Transport, Act of June 30, 1984, 75 Pa. C.S.A. §§ 8301 et seq., as amended.

1 The listed State and Federal statutes and regulations are for informational use. Not all of the statutes and regulations that may be applicable are listed. In addition, new statutes and regulations and amendments to existing statutes and regulations are promulgated at various times and sections of the statutes and regulations are renumbered.

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Act Relating to Junkyards along Highways, Act of July 28, 1966, 36 Pa. Stat. §§ 2719.1 et seq., as amended.

Act Relating to Land Use, Act of Jan. 13, 1966, 16 Pa. Stat. §§ 11941 et seq., as amended.

Act Relating to Maps and Plans, Act of June 15, 1911, 52 Pa. Stat. §§ 823, as amended.

Act Relating to Mine Fires and Subsidence, Act of April 3, 1968, 52 Pa. Stat. §§ 30.201 et seq., as amended.

Act Relating to Mining Safety Zones, Act of Dec. 22, 1959, 52 Pa. Stat. §§ 3101 et seq., as amended.

Act Relating to Noise Pollution, Act of June 2, 1988, 35 Pa. Stat. §§ 4501 et seq., as amended.

Act Relating to Pollution Control Devices, Act of March 4, 1971, 72 Pa. Stat. §§ 7602.1 et seq., as amended.

Act Relating to Pollution From Abandoned Mines, Act of Dec. 15, 1965, 35 Pa. Stat. §§ 760.1 et seq., as amended.

Act Relating to Potomac River Pollution, Act of May 29, 1945, 32 Pa. Stat. §§ 741 et seq., as amended.

Act Relating to Preservation and Acquisition of Land for Open Space Uses, Act of Jan. 19, 1968, 32 Pa.

Stat. §§ 5001 et seq., as amended.

Act Relating to Public Eating and Drinking Places, Act of May 23, 1945, 35 Pa. Stat. §§ 655.1 et seq., as amended.

Act Relating to Schuylkill River Pollution, Act of Apr. 19, 1945, 32 Pa. Stat. §§ 815.31 et seq., as amended.

Act Relating to Stream Clearance, Act of June 5, 1947, 32 Pa. Stat. §§ 701 et seq., as amended.

Act Relating to Water Power and Water Supply Permits, Act of June 14, 1923, 32 Pa. Stat. §§ 591 et seq., as amended.

Act Relating to Weather Modification, Act of Jan. 19, 1968, 3 Pa. Stat. §§ 1101 et seq. as amended.

Administrative Code of April 9, 1929, 71 Pa. Stat. §§ 194, 510 et seq., as amended.

Agricultural Liming Material Act of March 17, 1978, 3 Pa. Stat. §§ 132-1 et seq., as amended.

Air Pollution Control Act of Jan. 8, 1960, 35 Pa. Stat. §§ 4001 et seq., as amended.

Anthracite Strip Mining and Conservation Act of June 27, 1947, 52 Pa. Stat. §§ 681.1 et seq., as amended.

The Bituminous Mine Subsidence and Land Conservation Act of Apr. 27, 1966, 52 Pa. Stat. §§ 1406.1 et seq., as amended.

Bluff Recession and Setback Act of May 13, 1980, 32 Pa. Stat. §§ 5201 et seq., as amended.

Brandywine River Valley Compact Act of Sept. 9, 1959, 32 Pa. Stat. §§ 818 et seq., as amended.

Cave Protection Act of Nov. 21, 1990, 32 Pa. Stat. §§ 5601 et seq., as amended.

Chesapeake Bay Commission Agreement, Act of June 25, 1985, 32 Pa. Stat. §§ 820.11 et seq., as amended.

The Clean Streams Law of June 22, 1937, 35 Pa. Stat. §§ 691.1 et seq., as amended.

Coal and Gas Resource Coordination Act of Dec. 18, 1984, 58 Pa. Stat. §§ 501 et seq., as amended.

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The Coal Mine Sealing Act of June 30, 1947, 52 Pa. Stat. §§ 28.1 et seq., as amended.

Coal Refuse Disposal Control Act of September 24, 1968, 52 Pa. Stat. §§ 30.51 et seq., as amended.

Conservation and Natural Resources Act of June 28, 1995, 71 Pa. Stat. §§ 1340.101 et seq., as amended.

Conservation District Law, Act of May 15, 1945, 3 Pa. Stat. §§ 849 et seq., as amended.

The Crimes Code, Act of Dec. 6, 1972, 18 Pa. C.S.A. §§ 101 et seq., as amended.

Dam Safety and Encroachments Act of Nov. 26, 1978, 32 Pa. Stat. §§ 693.1 et seq. as amended.

Delaware River Basin Compact, Act of July 7, 1961, 32 Pa. Stat. §§ 815.101 et seq., as amended.

Fish and Boat Code, Act of October 16, 1980, 30 Pa. C.S.A. §§ 101 et seq., as amended.

Flood Plain Management Act of Oct. 4, 1978, section 302 and 402, 32 Pa. Stat. §§ 679 et seq., as amended.

The Game and Wildlife Code, Act of July 8, 1986, 34 Pa. C.S.A. §§ 101 et seq., as amended.

Great Lakes Protection Fund Act of July 6, 1989, 32 Pa. Stat. §§ 817.11 et seq., as amended.

Hazardous Material Emergency Planning and Response Act of Dec. 7, 1990, 35 Pa. Stat. §§ 6022.101 et seq., as amended.

Hazardous Sites Cleanup Act of Oct. 18, 1988, 35 Pa. Stat. §§ 6020.101 et seq., as amended.

Highway Vegetation Control Act of Dec. 20, 1983, 36 Pa. Stat. §§ 2720.1 et seq., as amended.

History Code, Act of May 26, 1988, 37 Pa. C.S.A. §§ 101 et seq., as amended.

Interstate Mining Compact, Act of May 5, 1966, 52 Pa. Stat. §§ 3251 et seq., as amended.

Land Recycling and Environmental Remediation Standards Act of May 19, 1995, 35 Pa. Stat. §§ 6026.101 et seq., as amended.

Land and Water Conservation and Reclamation Act of Jan. 19, 1968, 32 Pa. Stat. §§ 5101 et seq., as amended.

Low-Level Radioactive Waste Disposal Act of February 9, 1988, 35 Pa. Stat. §§ 7130.101 et seq.

Noncoal Surface Mining Conservation and Reclamation Act of Dec. 19, 1984, 52 Pa. Stat. §§ 3301 et seq., as amended.

Noxious Weed Control Law, Act of April 7, 1982, 3 Pa. Stat. §§ 255.1 et seq., as amended.

Nutrient Management Act of May 20, 1993, 3 Pa. Stat. §§ 1701 et seq.

Ohio River Valley Water Sanitation Compact, Act of Apr. 2, 1945, 32 Pa. Stat. §§ 816.1 et seq., as amended.

Oil and Gas Act of Dec. 19, 1984, 58 Pa. Stat. §§ 601.101 et seq., as amended.

Oil and Gas Conservation Law, Act of July 25, 1961, 58 Pa. Stat. §§ 401 et seq., as amended.

Oil Spill Responder Liability Act of June 11, 1992, 35 Pa. Stat. §§ 6023.1 et seq., as amended.

Pennsylvania Anthracite Coal Mine Act of Nov. 10, 1965, 52 Pa. Stat. §§70-101 et seq., as amended.

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Pennsylvania Appalachian Trail Act of Apr. 28, 1978, 64 Pa. Stat. §§ 801 et seq., as amended.

Pennsylvania Bituminous Coal Mine Act of July 17, 1961, 52 Pa. Stat. §§ 701-101 et seq., as amended.

Pennsylvania Fertilizer Law of May 29, 1956, 3 Pa. Stat. §§ 68.1 et seq., as amended.

Pennsylvania Occupational Disease Act of June 21, 1939, 77 Pa. Stat. §§ 1201 et seq., as amended.

Pennsylvania Pesticide Control Act of 1973, Act of March 1, 1974, 3 Pa. Stat. §§ 111.21 et seq., as amended.

Pennsylvania Safe Drinking Water Act of May 1, 1984, 35 Pa. Stat §§ 721.1 et seq., as amended.

Pennsylvania Scenic Rivers Act of Dec. 5, 1972, 32 Pa. Stat. §§ 820.21 et seq., as amended.

Pennsylvania Sewage Facilities Act of Jan. 24, 1966, 35 Pa. Stat. §§ 750.1 et seq., as amended.

Pennsylvania Solid Waste Management Act of July 7, 1980, 35 Pa. Stat. §§ 6018.101 et seq., as amended.

Pennsylvania Solid Waste-Resource Recovery Development Act of July 20, 1974, 35 Pa. Stat. §§ 755.1 et seq., as amended.

Pennsylvania Used Oil Recycling Act of Apr. 9, 1982, 58 Pa. Stat. §§ 471 et seq., as amended.

Pennsylvania Workmen’s Compensation Act of June 2, 1915, 77 Pa. Stat. §§ 1 et seq., as amended.

Phosphate Detergent Act of July 5, 1989, 35 Pa. Stat. §§ 722.1 et seq., as amended.

Plant Pest Act of Dec. 16, 1992, 3 Pa. Stat. §§ 258.1 et seq.

Plumbing System Lead Ban and Notification Act of July 6, 1989, 35 Pa. Stat. §§ 723.1 et seq., as amended.

Project 70 Land Acquisition and Borrowing Act of June 22, 1964, 72 Pa. Stat. §§ 3946.1 et seq., as amended.

The Public Bathing Law, Act of June 23, 1931, 35 Pa. Stat. §§ 672 et seq., as amended.

Publicly Owned Treatment Works Penalty Law, Act of March 26, 1992, 35 Pa. Stat. §§ 752.1 et seq., as amended.

Radiation Protection Act of July 10, 1984, 35 Pa. Stat. §§ 7110.101 et seq., as amended.

Rails to Trails Act of Dec. 18, 1990, 32 Pa. Stat. §§ 5611 et seq.

Seasonal Farm Labor Act of June 23, 1978, 43 Pa. Stat. §§ 1301.101 et seq., as amended.

Sewage System Cleaner Control Act of May 28, 1992, 35 Pa. Stat. §§ 770.1 et seq., as amended.

Sewage Treatment Plant and Waterworks Operators’ Certification Act of Nov. 18, 1968, 63 Pa. Stat. §§ 1004 et seq., as amended.

Site Development Act of May 6, 1968, 73 Pa. Stat. §§ 361 et seq., as amended.

Snowmobile Law, Act of June 17, 1976, 75 Pa. C.S.A. §§ 7701 et seq., as amended.

State Highway Law, Act of June 1, 1945, 36 Pa. Stat. §§ 670-101 et seq., as amended.

Storage Tank and Spill Prevention Act of July 6, 1989, 35 Pa. Stat. §§ 6021.101 et seq., as amended.

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Storm Water Management Act of Oct. 4, 1978, 32 Pa. Stat. §§ 680.1 et seq., as amended.

Surface Mining Conservation and Reclamation Act of May 31, 1946, 52 Pa. Stat. §§ 1396.1 et seq., as amended.

Susquehanna River Basin Compact, Act of July 17, 1968, 32 Pa. Stat. §§ 820.1 et seq., as amended.

Vehicle Code, Act of June 17, 1976, 75 Pa. C.S.A. §§ 101 et seq., as amended.

Water Power and Water Supply Act of June 14, 1923, 32 Pa. Stat. § 597, as amended.

Water Well Drillers License Act of May 29, 1956, 32 Pa. Stat. §§ 645.1 et seq., as amended.

Wheeling Creek Watershed Protection and Flood Prevention District Compact, Act of Aug. 2, 1967, 32 Pa.

Stat. §§ 819.1 et seq., as amended.

Wild Resource Conservation Act of June 23, 1982, 32 Pa. Stat. §§ 5301 et seq., as amended.

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PART I, SECTION B

PENNSYLVANIA REGULATIONS

Pursuant to the above statutes, regulations are promulgated by State agencies and are published in the Pennsylvania Code (PA. Code). The following are the sections of the PA. Code that are assigned to the following State agencies:

Pennsylvania Department of Environmental Protection—Title 25 of the PA. Code;

Pennsylvania Department of Conservation and Natural Resources—Title 17 of the PA. Code;

Pennsylvania Department of Transportation—Title 67 of the PA. Code;

Pennsylvania Department of Labor and Industry—Title 34 of the PA. Code;

Pennsylvania Department of Agriculture—Title 7 of the PA. Code;

Pennsylvania Historical and Museum Commission—Title 46 of the PA. Code;

Public Utility Commission—Title 52 of the PA. Code;

Pennsylvania Fish and Boat Commission—Title 58, Part II of the PA. Code;

Pennsylvania Game Commission—Title 58, Part III of the PA. Code;

Delaware River Commission—Title 4 of the PA. Code.

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PART II

FEDERAL STATUTES AND REGULATIONS

Abandoned Mine Reclamation Act of 1990, 30 U.S.C.2 §§ 1231 et seq.

Acid Precipitation Act of 1980, 42 U.S.C. §§ 8901-8905, 8911, 8912.

Act to Prevent Pollution from Ships, 33 U.S.C. §§ 1901-1915, as amended.

40 C.F.R3. Part 122

Agricultural Act of 1970, 16 U.S.C. §§ 1501-1510.

Airport and Airway Development Act of 1970, 49 U.S.C. §§ 1701-1703, 1711-1727.

Anadromous Fish Conservation Act, 16 U.S.C. §§ 757a-757g et seq., as amended.

Appalachian Regional Development Act of 1965, 40 app. §1, 2, 101-109, 201-208, 211-214, 221-225, 226, 301-304, 401-405, as amended.

Asbestos Hazard Emergency Response Act of 1986 (See Toxic Substances Control Act, Sections 201-214 (15 U.S.C. §§ 2641-2654)).

Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq., as amended.

10 C.F.R. Parts 1, 2, 4, 10, 15, 19, 20, 21, 25, 26, 30-36, 39, 40, 50, 52-55, 60-62, 70-76, 95, 100, 110, 150, 171, 605, 707, 710, 730, 760, 768, 770-777, 779, 782, 785-791, 799, 810, 820, 862, 960, 962, 1004, 1009, 1017, 1046, 1047

32 C.F.R. Part 518 37 C.F.R. Part 5 40 C.F.R. Parts 23, 191, 192 48 C.F.R. Parts 901, 910, 912, 917, 919-933, 935-937, 942-945, 949-952

Aviation Safety and Noise Abatement Act of 1979, 49 App. U.S.C. §§ 47501 et seq., as amended.

Bankhead-Jones Farm Tenant Act, 7 U.S.C. §§ 1000 et seq., as amended.

Clean Air Act 42 U.S.C. §§ 7401 et seq., as amended.

40 C.F.R. Parts 2, 6, 9, 15, 22, 23, 30, 31, 34, 35, 40, 42, 45, 46, 50, 51, 52, 55, 56, 57, 58, 60, 61, 62, 63, 65, 67, 69, 70, 72-74, 76-78, 80, 81, 82, 85, 86, 87, 88, 89, 90, 93, 122-124, 144, 145, 233, 270, 271, 450, 600, 613, 771, 1500, 1503-1507

10 C.F.R. Parts 101, 201 14 C.F.R. Parts 34, 1216 18 C.F.R. Parts 101, 201 19 C.F.R. Part 12 23 C.F.R. Part 450 29 C.F.R. Part 24

Clean Vessel Act of 1992, Pub. L. 102-587, Title V, 106 Stat. 5086.

Coastal Wetlands Planning, Protection and Restoration Act, 16 U.S.C. §§ 3951-3956

Coastal Zone Management Act of 1972, 16 U.S.C. §§ 1451-1464, as amended.

2 U.S.C. refers to the United States Code.

3 Pursuant to the above statutes, regulations are promulgated by the Federal agencies and are published in the Code of Federal Regulations (C.F.R.).

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.

§§ 9601 et seq., as amended.

40 C.F.R. Parts 9, 51, 279, 300

Department of Transportation Act, 49 U.S.C. §§ 503, 20302, 20304, 20305, 20701-20703, 20901, 20902, 21302, as amended.

Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. §§ 11001 et seq., as amended.

40 C.F.R. Part 17

Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544, as amended.

Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §§ 791-798, as amended.

10 C.F.R. Parts 303, 305 18 C.F.R. Parts 157, 270, 271, 275, 290, 292

Environmental Quality Improvement Act of 1970, 42 U.S.C. §§ 4371-4375, as amended.

40 C.F.R. Parts 1500-1508, 1515

Federal Agriculture Improvement and Reform Act of 1996, 7 U.S.C. §§ 1932, 2204f, 3224, 3319d, 2279c, 1101, 7201-7491.

Federal Aid in Fish Restoration Act (of 1950), 16 U.S.C. §§ 777 et seq., as amended.

43 C.F.R. Part 17 Note: also known as "Fish Restoration and Management Projects Act" and the "Dingell-Johnson Sport Fish Restoration Act".

Federal Facility Compliance Act of 1992, Pub. L. 102-386, 106 Stat. 1505.

Federal-Aid Highway Act, 23 U.S.C.A. §§101 et seq., as amended.

Federal Aid in Wildlife Restoration Act, 16 U.S.C. §§ 669, 669a-669i, as amended.

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y, as amended.

19 C.F.R. Part 12 29 C.F.R. Part 1440 40 C.F.R. Parts 2, 16, 23, 30-32, 34, 35, 152, 153, 155-158, 160, 162, 166, 168, 169, 170-173

Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701-1785, as amended.

7 C.F.R. Part 1 36 C.F.R. Parts 222, 242, 251, 254 43 C.F.R. Parts 37, 1600, 1820, 1860, 1880, 2090, 2200, 2210, 2300, 2540, 2710, 2740, 2800, 2810, 2910, 2920, 3000, 3110, 3120, 3130, 3140, 3150, 3160, 3200, 3400, 3410, 3420, 3430, 3450, 3460, 3470, 3500, 3510, 3520, 3530, 3540, 3550, 3560, 3570, 3580, 3590, 3730, 3800, 3830, 4100, 4200, 4300, 4700, 5000, 8000, 8200, 8300, 8340, 8350, 8360, 8370, 8560, 9180, 9210, 9260

Federal Power Act, 16 U.S.C. §§ 791a et seq., as amended.

10 C.F.R. Part 205 18 C.F.R. Parts 1b, 2, 3, 4, 6, 8, 9, 11, 12, 16, 20, 24, 32-35, 45, 46, 101, 116, 125, 131, 141, 154, 225, 290, 292, 294, 375, 381, 385 33 C.F.R. Parts 208, 209, 221, 222

Federal Water Project Recreation Act, 16 U.S.C. §§ 460l-5, 460l-12 to -21, 662, as amended.

36 C.F.R. Part 297 43 C.F.R. Part 17

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Fish and Game Sanctuary Act, 16 U.S.C. §§ 694-694b

Fish and Wildlife Act of 1956, 15 U.S.C. §§ 713c-3; 16 U.C.S.A. §§ 742a-742j, as amended.

30 C.F.R. Part 773 33 C.F.R. Part 209 43 C.F.R. Parts 17, 21 50 C.F.R. Parts 25-33, 70, 71

16 U.S.C. §§ 742a – 742j 50 C.F.R. Parts 10, 19, 20, 36, 217, 250, 251, 260

Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c, as amended.

30 C.F.R. Part 773 33 C.F.R. Part 209 43 C.F.R. Parts 17, 21 50 C.F.R. Parts 25-33, 70, 71

Flood Control, 33 U.S.C. §§ 701 et seq., as amended

7 C.F.R. Parts 622, 624, 654 33 C.F.R. Parts 208, 222

Fishermen’s Protective Act of 1967 (Pelly Amendment), 22 U.S.C. §§ 1971 – 1980, as amended.

22 C.F.R. Part 33 50 C.F.R. Part 611

Food Quality Protection Act of 1996, 7 U.S.C. §§ 136-136y.

Forest and Rangeland Renewable Resources Planning Act of 1974, 16 U.S.C. §§ 1600-1614, as amended.

Forest Ecosystems and Atmospheric Pollution Control Act of 1988, 16 U.S.C. § 1641.

Game and Wildlife Act, 16 U.S.C. §§ 141b, 715d-1, 715d-3, 715e, 715e-1, 715k-1, 715s, 718b – 718e, as amended.

Geothermal Energy Research, Development, and Demonstration Act of 1974 (GERDDA), 30 U.S.C. §§ 1101, 1102, 1121-1126, 1141-1144, 1161-1164, as amended.

Global Climate Protection Act of 1987, 15 U.S.C. § 2901, as amended.

Hazardous Material Transportation Act, 46 U.S.C. § 170; 49 U.S.C. §§ 103, 104, 106; 49 App. §§ 1471, 1472, 1801-1819, as amended.

Hazardous Substance Response Revenue Act of 1980, 26 U.S.C. §§ 4611, 4612, 4661, 4662.

Hazardous Materials Transportation Authorization Act of 1994, 49 U.S.C. §§ 5101-5127, as amended.

Hazardous Materials Transportation Uniform Safety Act of 1990, 49 App. §§ 1801-1819, 2509.

Intermodal Surface Transportation Efficiency Act of 1991 (see Transportation Equity Act of the 21st Century

(TEA 21)).

Lacey Act Amendments of 1981 16 U.S.C. §§ 3371 et seq., as amended.

Land and Water Conservation Fund Act of 1965, 16 U.S.C. §§460d, 460l-4 – 460l-11, as amended.

Lead-Based Paint Exposure Reduction Act, 15 U.S.C. §§ 2681-2692.

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Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. §§ 4801, 4811, 4821, 4822, 4831, 4841-4843, as amended.

Lead Contamination Control Act of 1988, 42 U.S.C. §§ 201 note, 247b-1, 300j-4, 300j-21 to –26.

Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. §§ 2021b-2021j, as amended.

Magnuson-Stevens Fisheries Conservation and Management Act, 16 U.S.C. §§ 1801 et seq., as amended.

Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. §§ 1401-1445, as amended.

Migratory Bird Conservation Act, 16 U.S.C. §§ 715-715r, as amended.

Migratory Bird Treaty Act, 16 U.S.C. §§703-708, 709a, 710, 711.

Mining and Mineral Resources Research Institutes Act, 30 U.S.C. 1221-1230.

Multiple-Use Sustained-Yield Act of 1960, 16 U.S.C. §§ 475, 528, 531, as amended.

National Climate Program Act, 15 U.S.C. §§ 2901-2908, as amended.

National Coastal Monitoring Act, 33 U.S.C. §§ 2801-2805.

National Contaminated Sediment Assessment and Management Act, 33 U.S.C. §§ 1271.

National Emission Standards Act, 42 U.S.C. §§7521-7550, as amended.

National Energy Conservation Policy Act, Pub. L. 95-619, 92 Stat. 306, as amended.

National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321, 4331-4335, 4341-4347, as amended.

National Invasive Species Act of 1996, 16 U.S.C. §§ 4701-4751.

National Ocean Pollution Planning Act of 1978, 33 U.S.C. §§ 1701-1709, as amended.

National Trails System Act, 16 U.S.C. §§ 1241-1249, as amended.

National Wildlife Refuge System Administration Act of 1966, 16 U.S.C. §§ 668dd, 668ee, 715s, as amended.

Noise Control Act of 1972, 42 U.S.C. §§ 4901-4918.

Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101-10270, as amended.

Oil Pollution Act, 1961, 33 U.S.C. §§ 1001-1015, as amended.

Oil Pollution Act of 1990, 33 U.S.C. §§ 2701-2761, as amended.

Organotin Antifouling Paint Control Act of 1988, 33 U.S.C. §§ 2401-2410, as amended.

Outer Continental Shelf Lands Act Amendments of 1978, 43 U.S.C. §§ 1801-1866, as amended.

Pollution Prevention Act of 1990, 42 U.S.C. §§ 13101-13109.

Public Health Service Act, 42 U.S.C. §§ 300f-300j-11.

Radon Gas and Indoor Air Quality Research Act of 1986, 42 U.S.C. § 7401.

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Recreation Use of Conservation Areas Act, 16 U.S.C. § 560k.

Refuse Act of 1899, 33 U.S.C. §§ 401 et seq., as amended.

Renewable Resources extension Act of 1978, 16 U.S.C. §§ 1671-1676 as amended.

Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6991.

River and Harbor Act of 1958, 33 U.S.C. §610 as amended.

Safe Drinking Water Act (see Public Health Service Act Sections 1401-1451 (42 U.S.C. §§ 300f - 300j-11, as amended)).

Shore Protection Act of 1988, 33 U.S.C. §§2601-2609, 2622, 2623.

Soil and Water Resources Conservation Act of 1977, 16 U.S.C. §§ 2001-2009, as amended.

Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590a et seq., as amended.

Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq., as amended.

Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq., as amended.

Toxic Substances Control Act, 15 U.S.C. §§ 2601-2692, as amended.

Transportation Equity Act of the 21st Century (TEA 21), Pub. L. 105-178, 112 Stat. 107, as amended.

Travel and Transportation Reform Act of 1998, 5 U.S.C. §§ 5701 et seq.

United States Public Vessel Medical Waste Anti-Dumping Act of 1988, 33 U.S.C. §§ 2501-2504.

Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. §§ 7901 - 7942.

Water Bank Act, 16 U.S.C. §§ 1301-1311, as amended.

Water Pollution Prevention and Control Act, 33 U.S.C. §§ 1251 et seq., as amended.

Commonly known as the Clean Water Act.

14 C.F.R. Part 1204 40 C.F.R. Parts 7, 9, 15, 30 – 32, 34, 104, 108, 110, 113, 116, 117, 122, 124, 125, 129, 130, 131

– 133, 136, 144, 145, 270, 271, 401, 403, 405 – 413, 415, 417 – 429, 436, 440, 443, 446, 447, 454, 457-460, 501, 503

Water Resources Research Act of 1984, 42 U.S.C. §§ 10301-10309.

Water Resources Development Act of 1996, 33 U.S.C. §§ 467-467j.

Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001-1008; 33 U.S.C. § 701b.

Wetlands Loan Act, 16 U.S.C. §§ 715k-3-715k-5, as amended.

Wilderness Act, 16 U.S.C. §§ 1331-1336, as amended.

Wood Residue Utilization Act of 1980, 16 U.S.C. §§ 1681-1687.

OS-299 (10-22)

www.penndot.pa.gov

TRANSMITTAL LETTER

PUBLICATION:

Publication 408, 2026 Edition

DATE:

6/05/2026

SUBJECT:

PennDOT Publication 408/2026 Change No. 1 Specifications

INFORMATION AND SPECIAL INSTRUCTIONS:

Applicability: This Transmittal Letter and its attachment constitute Change No. 1 of PennDOT Specifications, Publication 408/2026. Change No. 1 of Pub 408/2026 is hereby referred to as Pub 408/2026-1. It is new and complete in its entirety and is effective on projects let after October 9, 2026.

Change Format: All subsequent changes to Pub 408/2026 will be made using a "new page" format. To relate conditions that are in effect, each bid proposal will contain a SSP named either: "APPLICABLE DESIGNATED SPECIAL PROVISIONS (FEDERAL)” or "APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE)” and, if applicable, “APPLICABLE DESIGNATED SPECIAL PROVISIONS (STATE) - DSP 13. BUY AMERICA”. These SSPs exist in ECMS format. They will specify the Designated Special Provisions that apply to the particular project.

CANCEL AND DESTROY THE FOLLOWING: ADDITIONAL COPIES ARE AVAILABLE FROM:

☒ PennDOT website - www.penndot.pa.gov Click on Forms, Publications & Maps

APPROVED FOR ISSUANCE BY:

Michael B. Carroll, Secretary Department of Transportation by:

Kelly M. Barber, P.E., Chief Engineer of Highway Administration Department of Transportation http://www.penndot.pa.gov/ http://www.penndot.pa.gov/

Index of Changes to Publication 408/2026 408/2026

Change No. 1

INDEX OF CHANGES

TO

PUBLICATION 408/2026

General: The Index of Changes has been created to assist Publication 408/2026 users in determining specifics of semiannual changes made since the release of the Initial Edition. This Index contains specifics of all Changes, which includes where and why revisions have been made.

The Change Process: Changes to Publication 408/2026 are issued biannually. Numbered Changes consist of a Transmittal Letter with instructions for posting of revisions, an updated version of this Index, and “new pages” containing the revisions. All Numbered Changes are filed electronically in sequential order on the PennDOT Website. Numbered Changes will be incorporated into Publication 408/2026 and filed under the Change Letters and Indices portion of the Publication.

Researching Revisions. It is critical for many users of Publication 408 to be able to determine the point in time revisions were made and what the specific changes were. This is important from a contractual perspective when researching specifications applicable to projects previously awarded. To assist in this process, refer to this Change Index. If revisions have been made, users can then refer to specifics found in the Initial Edition or subsequent Numbered Change.

CHANGE INDEX OF REVISIONS

THROUGH CHANGE NO. 1

Section and Portion Changed Revised w/ Effective Dates Explanation Section Part or Paragraph Change No. From Nature and Rationale for Change

Preface

TOC

501, 530, 698, 641, 676, DSP1, DSP2,

DSP3, DSP10,

DSP11, DSP14,

DSP18, DSP20

1 October 9, 2026 To revise number of pages for Sections 501, 530, 698; to revise title of Sections 641 and 676; to remove DSP1, DSP2, DSP3, DSP10, DSP11, DSP14, DSP18;

to add DSP20.

106 106.03(b)3, 106.11(a)2, 106.11(a)2.f, 106.11(a)3.d

1 October 9, 2026 To clarify Final Assembly for manufactured products; to revise De Minimis values; to make minor language changes; to include language for electronic submission of material certifications through

ECMS.

107 107.28 1 October 9, 2026 To require completion of Form CS- 102 and to update information reflecting DEP ‘NOT’ Form.

110 110.04, 110.06(a), 110.10(b), 110.10(c)2, 110.10(e), 1 October 9, 2026 To remove requirement that stored material payments cannot exceed 25% of current contract amount; to enhance quality of concrete pavement.

220 220.2(i) 1 October 9, 2026 To correct a typographical error.

404 404.1(a), 404.1(b), 404.3(a), 404.3(b)1, 404.3(b)2, 404.3(c)1, 404.3(d), 404.3(f), 404.4

1 October 9, 2026 To modify payment structure for Ride Quality Incentive Pavement Schedules.

419 414.3(i)2.b.1.a, 419.3(k)1.b.1.a, 419.3(p), 419.4(a)

1 October 9, 2026 To revise the order of operations for Independent Assurance on non-comparison follow-up procedures.

466 466.2(a), 466.2(b), 466.2(c), 466.3(f)1, 466.3(f)2, 466.3(f)3, 466.3(g)1, 466.3(g)3

466.3(i)

1 October 9, 2026 To change AASHTO reference from “M 288” to “M 355M/M 355”;

to change the word ‘percent’ to the symbol ‘%’; to add unit of measure;

to change measurement from decimal to fraction

501 501.2(g), 501.3(f), 501.3(g)4, 501.3(i), 501.3(k)4.b, 501.3(l), 501.3(n), 501.3(p)

1 October 9, 2026 To enhance quality of concrete pavement.

506 506.3, 506.4(a)1, 506.4(a)3, 506.4(c) pavement. Section 506.3 modifies Sections 501.3 (s), 501.3(t)1, and 501.3(u)1.

507 507.1(a), 507.1(b), 507.3(a), 507.3(b)1, 507.3(b)2, 507.3(f), 507.4

1 October 9, 2026 To modify payment structure for Ride Quality Incentive Pavement Schedules; to make minor grammar changes

530 530.2, 530.3, 530.4(a)3, 530.4(a)4, 530.4(c) pavement. Section 530.2 modifies Section 501.2. Section 530.3 modifies Sections 501.3(a), 501.3(k)4, 501.3(t)1, 501.3(u)1, and 501.3(v).

608 608.4(b)3, 608.4(c) 1 October 9, 2026 To require completion of Form CS- 102 and to update information reflecting DEP ‘NOT’ Form; to change the word ‘percent’ to the symbol ‘%’.

633 633.4(a), 633.4(c) 1 October 9, 2026 To update content for curbs, gutters, and joints primarily associated with roundabouts; to delete 633.4(c).

641 Section title, 641.1, 641.3, 641.4

1 October 9, 2026 To revise Section title; to update content for curbs, gutters, and joints primarily associated with roundabouts.

676 Section title, 676.1, 676.3(l), 676.4(a), 676.4(f)

1 October 9, 2026 To revise Section title; to update content for curbs, gutters, and joints primarily associated with roundabouts; to add subbase as incidental; to add subsections 676.3(l) and 676.4(f).

703 703.2(c)3 1 October 9, 2026 To enhance quality of concrete

704 704.1(b), 704.1(c)3, 704.1(c)4, 704.1(d)3, 704.1(d)4.a, 704.1(d)4.b, 704.1(d)5, 704.1(d)7, 704.2(a)

1 October 9, 2026 To eliminate certain testing requirements and to enhance quality of concrete pavement; to enhance quality of concrete

App C Appendix C Whole Document 1 October 9, 2026 To remove DSP18 and add

DSP20.

DSP18 Whole Document 1 October 9, 2026 To remove.

DSP20 Whole Document 1 October 9, 2026 To comply with Federal regulations regarding unmanned aircraft systems (UAS).

SPECIFICATIONS

2026 Edition

Change No. 1, Effective October 9, 2026 www.pa.gov/penndot

PUB 408 (5-26)

Change Packets

Preface 408/2026 i

Commonwealth of Pennsylvania

DEPARTMENT OF TRANSPORTATION

Publication 408/2026

SPECIFICATIONS

PREFACE

Contents:

Publication 408/2026 contains current Construction Specifications for PennDOT projects. Publication 408/2026 is located on the PennDOT website at www.penndot.pa.gov, select “Forms and Publications”.

Updated semiannually, each new Change will contain all previous Edition/Change(s) in their entirety, with changed pages integrated. The changed pages for each new Change are also located on the PennDOT website.

Standard Special Provisions (SSPs) and Master Construction Items that apply to Publication 408/2026:

SSPs and Master Items are maintained in PennDOT’s Engineering and Construction Management System (ECMS) and accessible on the PennDOT website to both PennDOT Business Partners and Public Users.

This is the only access provided to these documents and lists to all users. Public Users should go to the ECMS website, login as a Guest, and then navigate to “Construction Projects” > “Resources”. “Resources” provides access to both Master Items and SSPs. Business Partners can login before selecting “Construction Projects” > “Resources” if they want access to other more complete ECMS data and information applying to PennDOT projects and schedules.

Use of Dimension Values:

Publication 408/2026 is a single set of Construction Specifications that contains measurements in English values. Metric values may be shown for informational purposes and/or generally accepted industry use.

Dual values will not be indicated on design drawings, renderings, or in details and instructions that are project specific. Similarly, there will not be a mixing of values in formulating calculations or in presentation.

Changes and their Effective Dates:

Publication 408/2026 will be available only as an online document. Hardcopy versions will not be made available. Each semiannual change will be updated with new pages incorporated into the document and a separate Change Packet and Transmittal Letter will indicate the most recent changes and will contain a list of the current changes and an Index of Changes listing all changes to date. The full specifics of each Change can be found within the Section to this Publication entitled: Change Letters and Indices to Publication 408/2026. Effective date(s) are:

• Pub 408/2026, Initial Edition (Pub 408/2026-IE) – projects let after April 10, 2026.

• Pub 408/2026, Change No. 1 (Pub 408/2026-1) – projects let after October 9, 2026.

• Pub 408/2026, Change No. 2 (Pub 408/2026-2) – projects let after April 9, 2027.

• Pub 408/2026, Change No. 3 (Pub 408/2026-3) – projects let after October 8, 2027.

• Pub 408/2026, Change No. 4 (Pub 408/2026-4) – projects let after April 14, 2028.

• Pub 408/2026, Change No. 5 (Pub 408/2026-5) – projects let after October 13, 2028.

• Pub 408/2026, Change No. 6 (Pub 408/2026-6) – projects let after April 13, 2029.

• Pub 408/2026, Change No. 7 (Pub 408/2026-7) – projects let after October 12, 2029.

• Pub 408/2026, Change No. 8 (Pub 408/2026-8) – projects let after April 12, 2030.

106.01 106.01

106 – 1

SECTION 106—CONTROL OF MATERIAL

106.01 GENERAL—Use material complying with the requirements of these specifications. At the pre-construction conference, submit a list of material to be sampled and tested by the Contractor and a list of material to be sampled and tested by the Department.

Comply with the provisions of the Pennsylvania Trade Practices Act, 71 P.S. Section 773.101, et seq., concerning the purchase of aluminum and steel products produced in a foreign country. On Federal-Aid projects, also comply with the provisions specified in Section 106.10.

Comply with the provisions of the Steel Products Procurement Act, 73 P.S. Section 1881, et seq. in the performance of the contract or any subcontract.

Following contract execution, furnish to the Department a complete statement of the project construction material’s origin, composition, and manufacture.

For Fabricated Structural Steel materials, as identified in Section 1105.01(a) and inspected in accordance with Section 1105.01(e), and any other fabricated aluminum, precast or prestressed concrete products inspected during manufacturing, stamped, and approved for shipment by the Department’s Representative, furnish Form CS-4171 to the Inspector-in-Charge. Certified mill test reports for any steel included will be reviewed by the Department’s Inspector and retained by the fabricator.

For all other steel products or products containing steel that will be permanently incorporated in the project, provide the Inspector-in-Charge the following when the product is delivered to the project site:

• For any “identifiable” steel products, certification that Section 4 of the Steel Products Procurement Act, 73 P.S. Section 1884, has been complied with. Identifiable steel products are steel products which contain permanent markings which indicate the material was both melted and manufactured in the United States.

• For all other “unidentifiable” steel products, documentation such as invoices, bills of lading, and mill certification that positively identify that the steel was melted and manufactured in the United States.

The provisions of the Steel Products Procurement Act will not be waived unless the Secretary has determined, under authority granted in Section 4(b) of the act, that a certain steel product or products is not produced in the United States in sufficient quantities to meet contract requirements. Such a determination will be set forth in a proposal for the Department’s review and response. Include with the proposal a comprehensive list of sources, including names and contact information, for verification. The Secretary does not have the authority to waive the provisions specified in Section 106.10.

Steel products are defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, otherwise similarly processed, or processed by a combination of two or more of these operations from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or any other steel-producing process. Included are cast iron products and machinery and equipment as listed in United States Department of Commerce Standard Industrial Classification 25, 35, and 37 and made of, fabricated from, or containing steel components. If a product, as delivered to the project, contains both foreign and United States steel, such product is considered to be a United States steel product only if at least 75% of the cost of the articles, materials, and supplies have been mined, produced, or manufactured, as the case may be, in the United States. On Federal-Aid projects, comply with the provisions specified in Section 106.10.

No payment will be made on the contract if unidentified steel products are supplied, until the hereinbefore requirements are met.

Any payments made that should not have been made may be recoverable from a manufacturer or supplier as well as from a contractor or subcontractor.

Any person who willfully violates the Steel Products Procurement Act will be prohibited from submitting bids for any contract for a period of 5 years from the date of determination that a violation has occurred. If a subcontractor, manufacturer, or supplier, violates the Steel Products Procurement Act, such person will be prohibited from performing any work or supplying any materials to the Department for a period of 5 years from the date of determination that a violation has occurred.

If steel products are used as a construction tool or appurtenance and will not serve a permanent functional use in the project, compliance with the Steel Products Procurement Act is not required.

When standard manufactured items are specified and these items are identified by unit mass (unit weight), section dimensions, or similar characteristics, their identification will be considered to be nominal masses (weights) or dimensions. Unless more stringently controlled by specified tolerances, industry established

106.01 106.02(a)

106 – 2 manufacturing tolerances will be accepted.

106.02 MATERIAL—

(a) Preliminary Acceptance and Approval. Have each material and material source of supply listed on Form CS-200 (Source of Supply – Materials) or Form CS-201 (Source of Supply – Traffic Control Devices) and approved before delivery to project. Department Bulletin listed material and material sources are available for use by the Contractor. If non-Bulletin material or material sources are proposed for use, the requirements specified in 106.02(a)2 must be met before these materials are delivered to the project.

The Department reserves the right to obtain samples of any material provided by the Contractor for laboratory testing to verify compliance with specifications.

1. Bulletin Material, Material Application, and Material Source. Defined as any of the following:

• Any material and material source listed in Bulletin 14 and used in the material application as specified in the Bulletin, Publication 408, or a Special Provision.

• Any material and material source listed in Bulletin 15 and used in the material application as specified in the Bulletin, Publication 408, or a Special Provision.

• Any asphalt material and material application specified in Publication 408 and produced at a source listed in Bulletin 41.

• Any cement concrete material and material application specified in Publication 408 and produced at a source listed in Bulletin 42.

Submit a CS-200 or CS-201 to the Representative with the following information: contract item number, item description, material description/type/class, product name, manufacturer/producer plant location, applicable Bulletin supplier code, Bulletin number, and Publication 408 or Bulletin Section.

If a previously submitted Bulletin material source no longer provides the specified material, submit a change in material to the Representative as outlined on Form CS-200 or CS-201. Once written acceptance is received, furnish material from another Bulletin material source listed in Bulletin 14, 15, 41, or 42.

2. Non-Bulletin Material, Material Application, or Material Source. Defined as any of the following:

• Any material, product, or material source not listed in Bulletin 14 or Bulletin 15

• Any material, product, or material source listed in Bulletin 14 or Bulletin 15 being used in an application not intended or specified in the Bulletin, Publication 408, or a Special Provision

• Any asphalt material or product not produced at a source listed in Bulletin 41

• Any asphalt material or product not specified in Publication 408 or a Special Provision

• Any ready-mixed, cement concrete material or product not produced at a source listed in Bulletin 42

• Any ready-mixed, cement concrete material or product not specified in Publication 408 or a Special

Provision

2.a. Construction-Aid Material. A necessary, temporary, or ancillary material that is not specified for use as part of a contract item or extra work item but used by the Contractor only to aid in the completion of the work. The material is typically not a permanent part of the specified work (example: wood and nails for temporary formwork). The material need not be listed on Form CS-200 and does not require any Department approval for delivery to or use on the project. The Representative reserves the right to determine whether a material is a construction-aid material. Note temporary traffic control items are not construction-aid materials and do need listed on Form CS-201 since these items must be from Bulletin 15 listed sources and are specified for use as part of contract items or extra work items.

2.b. Project-Specific, LTS Approved Material. Non-Bulletin material proposed for use on a particular project as part of a contract item or extra work item, which requires approval by the LTS. Use of material is not meant to circumvent the use of available material sources listed in Bulletin 14, 15, 41, or 42.

Have each material and material source listed on Form CS-200 or Form CS-201. The material is defined as any material, product, or material source that meets one or more of the following criteria:

106.02(a) 106.03(a)

106 – 3

• Meets specified requirements in Publication 408 or Special Provision, for the material and material application.

• Meets specified requirements in AASHTO or ASTM Standard for the material and material application.

• Meets specified requirements in project Special Provision for the material and material application.

Submit material to the LTS for evaluation and testing a minimum of 90 days before planned delivery to the project. Submit the following information to the LTS, with a copy to the Representative: source, description, specified use, QC Plan, independent lab test data showing material meets all specified requirements as determined on a single lot of material, and material samples of the kind and quality specified. Do not deliver material to the project until written acceptance is received from the Representative.

2.c. Project-Specific, Locally Approved Material. Non-Bulletin material proposed for use on a particular project as part of a contract item or extra work item, which does not require LTS approval because of the low risk to constructed Project performance but does require local approval by the Representative (i.e., at the District or project level). This category of material is not meant to circumvent the use of available material sources listed in the Bulletins, or the requirements of Project-Specific, LTS Approved Materials.

These materials must meet specification requirements and will be clearly identified in the specification as only needing local approval by the Representative. Have each material and material source listed on Form CS-200 or Form CS-201. Submit for local approval by the Representative all required information for the material, as indicated in the specification.

Examples of locally approved materials are project specific items, such as Section 860 (inlet filter bags), Section 867 (compost filter socks), and Section 868 (compost blanket and compost filter berms) where the specification indicates that these materials are to be locally approved. Bulletin 15 will reference specific Publication 408 Sections that apply to Locally Approved Materials. Bulletin 15 will not list actual materials or material sources for this category of materials as they will be accepted for use on a project-specific basis by local approval.

(b) Inspection. Inspect material delivered to the project and stockpile the material passing inspection for use. Do not incorporate questionable material, until material is tested by LTS and accepted in writing by the Representative. The Department reserves the right to reject questionable material delivered to the project when the LTS test results are not according to the specifications. Furnish assistance to the Inspector, as required to obtain samples.

Allow designated Department representatives to inspect material being used, or intended to be used, at any time before, during, or after material preparation, while being used during the progress of the work, or after the work has been completed. Furnish or arrange with producers or manufacturers to provide necessary material, labor, tools, and equipment for such inspection.

Inspections and tests, if made at any point other than the point of incorporation in the work, will not guarantee acceptance of the material. Inspection and testing performed by the Department will not relieve the Contractor’s responsibility for QC.

106.03 TESTS AND ACCEPTANCE OF MATERIAL—

(a) Restricted Performance Specifications.

1. Responsibility. The Department will be responsible for determining the acceptability of the material and construction. Material will be reviewed for acceptance through the Department’s specified acceptance procedures. Sample locations for acceptance testing will be determined by the Department.

Perform sampling and testing for acceptance in the presence of the Inspector, unless otherwise specified. Lot size will be specified. If operational conditions cause work to be interrupted before the specified lot size has been achieved, the lot may be redefined by the Inspector. It is the intent of these specifications that

106.03(a) 106.03(a)

106 – 4 each lot be evaluated based on the same number of samples. Transport acceptance samples from sampling point to testing site or other designated location in the presence of the Inspector.

The Contractor is responsible for the control and quality of the material and construction.

Prepare a QC Plan as specified in Section 106.03(a)2.a and submit it to the Inspector-In-Charge for review at the start of the project. Include QC sampling and testing frequencies and action points to initiate corrective measures. Notify the Inspector before performing QC sampling and testing. Perform QC sampling and testing and report results to the Inspector.

Obtain and test samples according to the Department’s PTMs. If the required test method is not specified, use methods described in the AASHTO Standard Specifications for Transportation Materials and Methods of Sampling and Testing, and Supplements, Standards and/or Tentatives of ASTM, or other testing procedures adopted by the Department.

Verification sampling and testing will be performed by the District, unless otherwise specified.

QA sampling and testing will be performed or witnessed by the BOCM.

Independent Assurance sampling and testing will be administered by the CQAD.

2. QC.

2.a Maintain a QC system that provides reasonable assurance that materials, products, and completed construction, submitted for acceptance, conform to contract requirements whether self-manufactured, processed, or procured from subcontractors or vendors. When specified, submit for review, a plan of the QC system to be used. Have performed or perform the inspections and tests required to substantiate product conformance to contract requirements. Make the inspection and test results available for review throughout the contract life.

Procedures will be subject to the review of the Department before the work is started. Charts and records documenting QC inspections and tests are the property of the Department. Submit a QC Plan for use in compliance with the following guidelines, as a minimum:

2.a.1 Raw Materials. List the source of material along with methods of documentation and testing performed to assure the material quality.

2.a.2 Production Control. List lot size and samples required; include sample selection, labeling and test procedure; also include manufacturing phase.

2.a.3 Product Testing. List type and frequency of tests to be performed, along with method of documenting and reporting test results. List test equipment and calibration procedure (frequency) required.

List procedure for retesting or rejecting items failing the tests. List the disposal methods and location for test samples and rejected lots.

2.a.4 Personnel. List the personnel in charge of QC and define their areas of responsibility.

2.a.5 Packaging and Shipping. List method of identifying, storing, loading, transporting, and unloading to assure safe delivery of acceptable material and products.

2.a.6 Documentation. List the procedures used for documentation and certification.

The QC Plan and process are subject to periodic review and inspection by the Department.

2.b Promptly record conforming and non-conforming inspection and test results on acceptable forms or charts. Keep these records complete and keep them available for inspection at all times during the performance of the work.

2.c Promptly correct any errors, equipment malfunctions, process changes, or other assignable causes which have resulted or could result in the submission of material, products, and completed construction not conforming to specification requirements.

2.d When required, provide or have provided and maintain measuring and testing devices necessary to ensure that material and products conform to contract requirements. To ensure continued accuracy, calibrate these devices at established intervals against Department standards.

106 – 5

2.e When required, make the measuring and testing equipment available to the Representative for use in determining conformance of material, products, or completed construction with contract requirements.

In addition, make personnel available for the operation of such devices and for verification of the accuracy and condition of the devices. Have calibration results available at all times. The Department reserves the right to conduct periodic inspections of the measuring and testing devices to confirm both calibration and condition of operation.

2.f Failure to comply with the QC Plan may result in suspension of approval to provide material for Department use and/or removal from the approved list of material…