ESBD_374441_1724691612581_ATTACHMENT G.H - Ellington Field (EF) EMS Environmental Protection.pdf

ATTACHMENT G.H - ELLINGTON AFB (EF) EMS ENVIRONMENTAL

PROTECTION

PART 1 – GENERAL

1. STATEMENT OF WORK

A. The work covered by this section concerns the furnishing all labor, materials, and equipment required for the prevention of environmental degradation during, and as a result of, construction operations under this contract.

a. For the purpose of this specification, environmental pollution is defined as

“the presence of chemical, physical, or biological elements or agents, not naturally occurring at the site, which adversely affect human health or welfare; unfavorable alter ecological balances important to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and recreational purposes.”

b. The control of environmental pollution by Contractor of this Project requires consideration of air, water, and land and involves noise control, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants.

c. This section also requires the protection of cultural and historic resources.

B. The requirements listed in this Section are in addition to any environmental protection requirements listed in other provisions of these specifications. Contractor shall coordinate the work of this Section with the Work called for under the various sections of the Contract.

C. Contact the Project Manager concerning the content of these requirements.

2. ELLINGTON FIELD’S ENVIRONMENTAL MANAGEMENT SYSTEM (EMS-ISO

14001:2015 STANDARD) BASE ENVIRONMENTAL CONTRACTOR

RESPONSIBILITIES

A. Protecting the environment is one of our highest priorities and will be a major factor in the decision making of Contractor selection of materials to be used on Base. The

147th Attack Wing (ATKW) is dedicated through the use of a pro-active

Environmental, Safety, and Occupational Health (ESOH) Council to the continued improvements of our processes to prevent and reduce waste generation by all means possible that are fiscally reasonable to implement. The Wing endorses the development and execution of an installation-wide EMS and a commitment to compliance with federal, state, and local environmental laws and regulations. We and the Contractor by presence on base will continue to pursue a course of responsible environmental stewardship in support of our environmental policy for the Base.

3. CONTRACTOR’S GENERAL ENVIRONMENTAL COMPLIANCE OBLIGATIONS

A. Contractor and any subcontractor, agent or representative shall comply with all applicable Federal, State, and local laws and regulations providing for environmental protection and pollution control and abatement including but not limited to the following:

a. Clean Air Act;

b. Clean Water Act;

ELLINGTON FIELD, HOUSTON, TX 21 May 2024

c. Resource Conservation and Recovery Act;

d. Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA);

e. Toxic Substances Control Act;

f. Federal Insecticide Fungicide and Rodenticide Act;

g. Coastal Zone Management Act;

h. Endangered Species Act;

i. National Historic Preservation Act;

j. Safe Drinking Water Act;

k. National Pollutant Discharge Elimination System (NPDES)

l. Emergency Planning and Community Right-to-Know Act;

m. Oil Pollution Act and Pollution Prevention Act.

B. Contractor is responsible for determining where such laws and regulations apply, although Contractor may request assistance from the CRO in delineating applicable environmental laws and regulations. Contractor has an independent responsibility to make its own determination and to do so in a timely fashion.

C. Hazardous Material Spills: Spills shall be immediately contained, if possible, and reported to the Project Manager. The Project Manager will advise Base Civil

Engineer (BCE) and Environmental Manager (CEV) for Ellington Field (hereafter referred to as the “Base” or EF) and the Project Manager. Spills shall be conducted according to the Base Spill Response RED PLAN (Provided at the Pre-Construction

Conference).

D. Contractor shall not discharge anything into the Base’s sanitary sewer or storm water systems without coordination and approval from the Project Manager who will coordinate with the Base Civil Engineer and Base Environmental Manager.

E. The Base Civil Engineer and Base Environmental Manager may conduct inspections without notice at on-base work sites to ensure environmental compliance. Any items of non-compliance will be reported to the Project Manager for action.

4. CONTACTS WITH ENVIRONMENTAL REGULATORY OFFICIALS

D. Contractor shall, through the Project Manager, immediately advise the installation environmental management function of the content of all contact with federal, state or local environmental regulators, before during and after the performance of this contract concerning the performance of this contract.

5. CONTRACTOR’S LIABILITY FOR ENVIRONMENTAL DAMAGES

E. Contractor agrees to hold harmless and indemnify the Air Force for any and all damages of any kind resulting from environmental violations by Contractor, Contractor’s employees, or agents or subcontractors.

F. Damages include, but are not limited to, personal injury, property damage (including diminution of value), or death, environmental restoration and response costs, natural resource damages, expert witness and attorney’s fees.

G. Reimbursement of any and all expenses incurred to obtain permits as a result of

Contractor’s failure to identify or obtain permits shall be borne by the Contractor.

6. FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE

H. Contractor shall be responsible for paying any fines or penalties assessed against the

Air Force for environmental violations resulting from acts or omissions of Contractor or its employees, subcontractors, or agents.

I. This obligation is in addition to any fines or penalties that may be assessed against

Contractor for the same conduct.

J. Contractor may either reimburse these fines or penalties through the Project Manager, or with the consent of the Base Civil Engineer, conveyed through the Project

Manager, Contractor may pay such fines or penalties directly to the regulatory agency or agencies concerned.

7. WASTE DISPOSAL FOR CONTRACTS TO BE PERFORMED ON GOVERNMENT

FACILITIES

A. Hazardous Waste Generation, Handling and Disposal: Work under this contract is to be performed on a government facility. According to rules and procedures of the

United States Environmental Protection Agency (EPA), a federal facility is required to have a generator identification number under the Resource Conservation and

Recovery Act (RCRA) and to be responsible for hazardous wastes (as defined under

RCRA) produced, managed, stored, disposed on or transported from the facility.

a. Contractor shall, to the greatest extent practicable, use materials, processes and techniques that will avoid the creation of hazardous waste.

b. The Department of Defense (DOD) Solid Waste Measure of Merit (MoM) requires the Air Force to report all solid waste that is disposed in landfills, and, also diverted from landfills through reuse or recycling. Of the inevitable waste that is generated, as many of the waste materials as is economically feasible shall be reused, salvaged, or recycled and reported to the base environmental manager as required. Waste disposal in landfills shall be minimized, this waste will be recorded and submitted as required to the base environmental manager.

c. With regard to this directive, the Contractor shall develop a written Waste

Management Plan for this Project prior to the generation of hazardous materials and hazardous waste resulting from demolition and new construction. This plan, including disposal policies, shall be reviewed, and approved by both the Project Manager and the Base Civil

Engineer/Environmental Manager before such activities begin.

d. Contractor shall follow this plan once is has been approved by the Project

Manager. Contractor shall coordinate all planned activities regarding hazardous materials and hazardous waste with the Base Civil Engineer office through the Project Manager.

e. Under no circumstances will the Contractor bring hazardous waste onto the facility.

B. Waste Management Plan If Required: (Material Submittal)

a. Draft of Plan: Within FIFTEEN (15) CALANDAR DAYS after receipt of the

Notice to Proceed, or prior to a waste removal, whichever occurs first, the

Contractor shall submit to the Project Manager a draft of the Waste

Management Plan for review by the Base Environmental Manager. This draft plan shall contain the following:

i. Analysis of the jobsite waste that is anticipated to be generated, including types of materials and their quantities; A manifest will be generated for each load off base, an electronic copy shall be provided to the CRO and approved and signed by the base CEV for approval prior to its departure from the base. This will carry forward till the end of the job.

ii. The name of the landfill(s) where trash will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s).

b. Alternates to Landfilling: Contractor to provide a list of each material proposed to be salvaged, reused or recycled during the course of the Project, the probable local market for each material, and the projected net cost savings or additional costs resulting from separating and recycling, versus landing, of each material.

i. “Net” means that the materials listed below have been subtracted from the cost of separating and recycling, including revenues from the sale of recycle or salvaged materials and landfill tipping fees saved due to diversion of materials from the landfill.

c. Materials Effected: The list of materials is to include, at a minimum, the following items:

i. Cardboard;

ii. Clean dimensional lumber;

iii. Beverage containers;

iv. Land clearing debris;

v. Concrete;

vi. Bricks;

vii. Concrete masonry units (CMU);

viii. Asphalt;

ix. Galvanized sheet metal;

x. Stainless steel;

xi. Aluminum;

xii. Copper;

xiii. Zinc;

xiv. Lead;

xv. Brass;

xvi. Bronze, and

xvii. Metals from banding, stud trim, ductwork, piping, reinforcing rods, roofing, other trim, steel, iron;

d. Final Waste Management Plan: Once the Project Manager has determined which of the recycling options listed in the draft Waste Management Plan are acceptable, the Contractor shall submit, within TEN (10) CALANDAR

DAYS, a Final Waste Management Plan. The Waste Management Plan shall be implemented in the following fashion:

i. Manager: Contractor shall designate an on-site party or parties to be responsible for instructing workers and overseeing and documenting results of the Waste Manage Plan.

ii. Distribution: Contractor shall distribute copies of the Waste

Management Plan to the Job Site foreman, each Subcontractor, the

Project Manager.

iii. Instruction: Contractor shall provide on-site training on appropriate separation, handling and recycling procedures, as well as instruction on salvage, reuse and return of materials to be used by all parties at appropriate stages of the Project.

iv. Separation Facilities: Contractor shall lay out and label a specific area of the jobsite to facilitate separation of materials for potential recycling, salvage, reuse, or return. Recycling and waste bin areas are to be kept clean and clearly marked as to contents in order to avoid contamination of materials.

v. Hazardous Materials: Such materials shall be separated, stored, and legally disposed of according to local regulations.

vi. Documentation of Compliance: Contractor shall submit with each

Application for Progress Payment a Summary of Waste Generated by the Project. Failure to submit this information shall render the

Application for Payment incomplete and shall delay Progress

Payments. The Summary shall be submitted on a form ascertainable to the Project Manager, and shall contain the following information:

1. The amount in tons or cubic yards of material land filled from the Project, the identity of the landfill(s), the total amount of tipping fees paid at the landfill(s), and total disposal costs;

include manifests, weight tickets, receipts, and invoices.

2. For each material recycled, reused or salvaged from the

Project, the amount in tons or cubic yards, the date removed for the Job Site, the receiving party, the transportation costs, the amount of any money paid or received for the recycled or salvaged materials, and the net cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts, and invoices. Failure to submit this information

3. Contractor shall follow this Plan without deviation once the

Project Manager has approved it. Such wastes will not be created until the Waste Management Plan has been approved by the Project Manager.

8. PERMITS FOR CONSTRUCTION WORK ON A GOVERNMNT INSTALLATION:

(MATERIAL SUBMITTAL)

A. GENERAL: CONSTRUCTION, EXCAVATION, MODIFICATION,

RENOVATION, DEMOLITION, INSTALLATION, OR OTHER ALTERATION

OF BUILDING STRUCTURES, EQUIPMENT, INSTALLATIONS, REAL

PROPERTY, OR SYSTEMS ON A GOVERNMENT INSTALLATION

B. General: Activities such as excavation, demolition, building modification or renovation, equipment installation or other alteration of building structures, equipment, real estate, or systems require permits to allow that work to occur.

C. Contractor shall, after consultation as with the Base Civil Engineer, identify all

Federal, State or Local permit requirements under all applicable environmental laws and regulations as defined in Paragraph 1.2.A above.

D. Contractor shall then prepare and submit in draft all applicable permit applications and all supporting data to the Project Manager, who will submit these documents to the Base Civil Engineer.

E. Applications for permits that must be submitted by Contractor shall be returned to

Contractor after review.

9. COMPLIANCE WITH EXISTING INSTALLATION-HELD PERMITS

A. General: The United States Air Force (USAF) holds permits at EF.

a. Contractor shall provide the Project Manager with notice of any activities it plans to undertake which may require the Base Civil Engineer to perform any action regarding these permits such as requesting a permit modification or reporting of required information.

b. Contractor shall provide such notice as far in advance of planned activity as is practicable.

PART 2 - MATERIALS

1. RECYCLED MATERIALS (MATERIAL SUBMITTAL)

A. Materials used in this contract shall be, to the greatest extent practicable and consistent with financial prudence, made of recycled materials or with materials that are recyclable.

2. ASBESTOS

A. No asbestos containing materials for any project shall be brought onto the Base.

Should this be discovered, the Contractor shall be solely responsible for all, and any cost associated with the removal and subsequent corrective measures taken to correct the mishap.

B. Removal of asbestos material will be included in the project as required.

a. Identification of EF buildings to be demolished or renovated that are affected by this Work is as noted on Civil Engineering drawings and should be coordinated with the base Environmental Officer prior to commencing work.

b. Procedures and criteria for accomplishing asbestos abatement in these buildings are established in Division 2 Section “Asbestos Abatement

Procedures.”

c. Additional information is available in the “Asbestos Management Plan” for

EF as published by the Air National Guard, Civil Engineering Services

Center, Minot, North Dakota.

i. Copies of this report can be obtained through the Base Environmental

Office.

ii. This report is part of the Bidding Documents if required.

https://www.dshs.texas.gov/sites/default/files/asbestos/pdf/RepealedTAHPRJul82021.pdf

iii. Asbestos abatement work shall also comply with the Texas Asbestos

Health Protection Act (Texas Civil Statutes, Article 4477-3a) as amended copies of documents affecting this Work available for review at the Texas Department of Health, Toxic Substances Control

Division, Austin, Texas or a local health program under contract to the asbestos branch.

3. POLYCHLORINATED BIPHENYL’S (PCBS)

A. PCBs will not be used or included in the new construction portion of this project. If discovered, the matter shall be brought to the attention of the Project Manager and the

Base Environmental Manager immediately.

4. LEAD-BASED PAINT

B. No lead based paint containing materials for any project shall be brought onto the Base. Should this be discovered, the Contractor shall be solely responsible for all, and any cost associated with the removal and subsequent corrective measures take to correct the mishap.

C. If the presence of lead-based paint is encountered during the building demolition or renovation portion of this project, communicate with the Project Manager and Base

Environmental Officer. A subsequent change order upon confirmation will be submitted to the Project Manager. Related lead-based paint management procedures will be performed in accordance with applicable regulations, including, but not limited to, those established by the following agencies and governmental acts:

a. Texas Department of Health, Toxic Substances Control Division, Environmental Lead Branch, Austin, Texas.

b. Section V, Chapter 3 of the Technical Manual of the Occupational Safety and

Health Administration (OSHA), dealing with controlling lead exposures in the construction Industry, in regard to engineering and work practice controls.

c. National Environmental Policy Act (NEPA).

5. OZONE-DEPLETING SUBSTANCES

A. “Class I substance,” as used in this clause means any substance designated as class I by the Environmental Protection Agency (EPA) (40 CFR Part 82), including but not limited to chlorofluorocarbons, halos; carbon tetrachloride and methyl chloroform.

B. “Class II substance,” as used in this clause means any substance designated as class II by EPA (40 CFR Part 82), including but not limited to hydro-chlorofluorocarbons.

C. As required by 42 USC 7671j(b), (g) and (d) and 40 CFR Part 82, Subpart E

D. . Contractor shall label products which contain Class I or Class II ozone-depleting substances or are manufactured with a process that uses Class I or Class II ozone-depleting substances, or containers of Class I or Class II ozone-depleting substances as follows:

“WARNING: Contains (or manufactured with, if applicable). * (a) substance(s) which harm(s) public health and the environment by destroying ozone in the upper atmosphere.” *Contractor shall insert the name of the substance(s).

https://www.dshs.texas.gov/sites/default/files/asbestos/pdf/RepealedTAHPRJul82021.pdf https://www.epa.gov/section608/stationary-refrigeration-prohibition-venting-refrigerants#:~:text=EPA%20regulations%20(40%20CFR%20Part,air%2Dconditioning%20or%20refrigeration%20equipment.

“Contractor shall ensure no Class I or Class II ozone-depleting substances are used on

Ellington Field without prior approval of the Base Civil Engineer.

“Contractor shall comply with the applicable requirement of Sections 608 and 609 of the Clean Air Act (42 IS 7671g, National Recycling and Emission Reduction

Program and 7671h. Servicing of Motor Vehicle Air Conditioners) as each or both apply to the contract.”

6. PESTICIDES

E. Except as may be specified elsewhere in this contract, Contractor shall not apply any pesticides such as herbicides (weedkillers), insecticides, or rodenticides, without the specific written prior approval of the Base Civil Engineer. When approved, all applications shall conform, and reports shall be submitted to the base environmental manager upon his direction.

F. If used upon approval, a report shall be provided detailing the amounts and square or linear footages used. Refer to the Base Civil Engineer for the appropriate form to be used.

PART 3 – EXECUTION

1. PROTECTION OF WATER RESOURCES

A. General: Contractor shall not pollute storm drainage ways, streams, lakes or reservoirs with fuels, oils, bitumen, calcium chloride, acids, construction wastes or other harmful materials. It is the responsibility of Contractor to investigate and comply with all applicable federal, state and municipal regulations.

a. Contractor shall take particular care to prevent chemical, fuels, oils, greases, bituminous materials, waste washings, herbicides, cement and surface drainage from entering public waters.

b. In the event of a spill the Base Fire Department and Environmental Office shall be notified immediately. Subsequent communication shall be accomplished to the Project Manager who will notify the Project Manager of the mishap.

B. Waste and Curing Water: Water used in aggregate processing, concrete curing, foundation and concrete lift clean-up and other wastewater shall not be allowed to enter the storm drainage system. These materials shall be placed in a secure wash out area suitable for removal at the end of the job.

2. POLLUTION PREVENTION

A. General: Contractor should use prior planning to find those materials that will minimize the creation of waste in general and hazardous waste in particular.

3. UNEXPECTED SIDE CONDITIONS

A. Contaminated Soil or Groundwater: Unless otherwise specified elsewhere in the

Contract Documents, the jobsite has been inspected and is, consistent with best professional judgment, free of environmental contamination or pollution.

https://www.epa.gov/clean-air-act-overview/clean-air-act-title-vi-stratospheric-ozone-protection https://www.epa.gov/clean-air-act-overview/clean-air-act-title-vi-stratospheric-ozone-protection https://www.epa.gov/clean-air-act-overview/clean-air-act-title-vi-stratospheric-ozone-protection

a. However, unexpected conditions can always arise. Contractor or subcontractor personnel may encounter soil or groundwater that is suspected to be contaminated, either because of odors, colors, free liquids, or other suspicious conditions.

b. Should this occur, Contractor shall immediately notify the Base Civil

Engineer and the Base Environmental Manager and take necessary initial measures to protect workers, the site and other personnel.

B. Unexploded Munitions: No munitions or munitions-related materials are known or expected to be present on site. However, should suspected munitions-type material be encountered, Contractor should immediately Stop Work, Turn Off and Leave

Equipment where it Rests, and Remove all personnel from the area and notify

Explosive Ordinance Disposal (EOD) at 281-929-2716 and receive advice before disturbing the questionable material.

4. SITE DISTURBANCE DURING CONSTRUCTION ACTIVITIES

A. Contractor shall use industry-recognized best management practices to avoid creation of fugitive dust emissions, and to avoid and control storm water runoff from the construction site and any temporary roads that may be used for access to it.

a. Water sprinkling may be used to control dust.

b. Contractor shall perform all work under this contract in such a manner that no pollutants of any kind are released into ditches, storm drains, streams, lakes or other surface waters of the site.

5. PROTECTION OF LAND RESOURCES

A. General: It is intended that the land resources within the project boundaries and outside the limits of permanent work performed under this Contract be preserved in their present condition or be restored to a condition after completion of construction that will appear to the natural and not detract from the appearance of the project.

Contractor shall limit his construction activities to those areas defined by the

Drawings or Specifications.

B. Prevention of Landscape Defacement: Except in area marked on the plans to be cleared, Contractor shall not deface, remove, cut, injure or destroy trees or shrubs without special authority.

a. Trees designated to be saved shall be protected from either excavation or filling within the root zone.

b. No ropes, cables or guys shall be fastened or attached to any existing trees for anchorage unless specifically authorized by the Project Manager.

c. Contractor shall, in any event, be responsible for any damage resulting from such use.

C. Restoration of Landscape Damage: Any trees or other landscape features scarred or damaged by Contractor s equipment or operations shall be restored as nearly as possible to the original condition at Contractor’s expense.

a. The Project Manager will decide what method of restoration shall be used, and whether damaged trees shall be treated and heeled or removed and disposed of.

b. All scars made on trees not designated on the plans to be removed by equipment construction operations or by the removal of limbs larger than 1-inch in diameter shall be coated immediately with an approved tree wound dressing.

c. Experienced landscape personnel shall perform all trimming or pruning in an approved manner. Tree trimming with axes shall not be permitted.

d. Trees that are to remaining either within or outside established clearing limits that are subsequently damaged by Contractor, and that are beyond saving in the opinion of the Project Manager shall be immediately removed and replaced with a nursery-grown tree of the same species.

6. STORMWATER PERMITS FOR CONSTRUCTION

A. General: Permits required for the discharge of stormwater associated with construction activities.

7. STORMWATER DISCHARGES FROM SMALL CONSTRUCTION ACTIVITIES

A. Requirements for stormwater permits for construction sites that disturb at least 1 acre but less than 5 acres and are not part of a larger common plan of development.

• Obtaining Authorization

• New Effluent Limits

Caution: If your project is part of a larger common plan of development, and the total number of acres disturbed under the plan is 5 acres or more, then your project is not a small construction activity. You must comply with the requirements for

Construction Activities Disturbing 5 or More Acres.

B. Stormwater Discharges from Large Construction Activities

a. Requirements for obtaining stormwater general permit coverage for construction projects that will disturb 5 or more acres, whether on their own or as part of a larger common plan of development.

▪ Steps to Take Before Discharging

▪ Provisional Coverage

▪ After TCEQ Review

▪ Steps to Take After Obtaining Coverage

▪ Notice of Change

▪ Notice of Termination

▪ Effluent Limits

C. Stormwater Discharges into Municipal Separate Storm Water System (MS4)

a. If you are discharging to gutters, streets, channels, ditches or any other

Municipal Separate Storm Water Sewer System (MS4) - which includes anything designed or used to collect or transport storm water - you must submit a copy of each of these items to the operator of that system (City of http://www.tceq.state.tx.us/permitting/stormwater/TXR15_1_to_5.html/#authorization http://www.tceq.state.tx.us/permitting/stormwater/TXR15_1_to_5.html/#limits http://www.tceq.state.tx.us/permitting/water_quality/stormwater/common_plan_of_development_steps.html http://www.tceq.state.tx.us/permitting/water_quality/stormwater/common_plan_of_development_steps.html http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#before http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#provisional http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#aftereview http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#aftercover http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#change http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#termination http://www.tceq.state.tx.us/permitting/stormwater/TXR15_5_plus_steps.html/#limits

Houston) at the same time you submit that item to the TCEQ: Coordination for this situation shall be conducted with the Base Environmental Manager prior to any contact with either the City of Houston or the TCEQ.

i. Notice of Intent

ii. Notice of Change, which is used if the operator becomes aware of failing to submit any relevant information or submitting incorrect information.

iii. Notice of Termination