Exhibit 23 - TEMPORARY ENVIRONMENTAL CONTROLS.docx

1. ENVIRONMENTAL PROTECTION

1.1 Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants. All work performed on any building over 50 years must be reviewed by Cultural Resources to assure compliance with the National Historic Preservation Act and Section 106 compliance.

1.2 Hazardous Debris

1.2.1 As defined in paragraph SOLID WASTE, debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) in accordance with 40 CFR 261 or dangerous waste in accordance with WAC-173-303. Hazardous debris also includes debris that exhibits a characteristic of hazardous/dangerous waste in accordance with 40 CFR 261 and WAC-173-303.

1.3 Hazardous Materials

1.3.1 A useful product that requires special management because it has hazardous characteristics (ignitability, corrosivity, reactivity, or toxicity) that could pose dangers to human health or the environment. In general, hazardous materials are defined in 49 CFR 171 and listed in 49 CFR 172, being any material that is regulated as a hazardous material in accordance with 49 CFR 173; must be transported on public highways per 49 CFR 177; must be transported in packages or containers per 49 CFR 178; requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.120; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous/dangerous waste as defined by 40 CFR 261 or WAC-173-303. Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance, which takes precedence over this section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.4 Hazardous Waste

1.4.1 A waste with properties that could pose dangers to human health or the environment. A hazardous waste exhibits a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261, Subpart C, or is specifically designated and regulated as a hazardous/dangerous waste by the EPA under 40 CFR 261 or by the State of Washington under WAC-173-303.

2. ENVIRONMENTAL PROTECTION REQUIREMENTS

2.1 Provide and maintain, during the life of the contract, environmental protection as defined and as required. Plan for and provide environmental protective measures to control pollution that develops during construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. Comply with federal, state, and local regulations pertaining to the environment, including but not limited to water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

2.2 Tests and procedures assessing whether construction operations comply with Applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.

3. CONFORMANCE WITH THE ENVIRONMENTAL MANAGEMENT SYSTEM

3.1 Perform work under this contract consistent with the policy and objectives identified in the JBLM Environmental Management System (EMS). Be familiar with JBLM Policy Statement #9 and ensure work conforms to the goals stated therein. The installation policy can be found at https://home.army.mil/lewis-mcchord/index.php/my-Joint-Base-Lewis-Mcchord/all-services/public_works-environmental_division/environmental-management-system. Additional information regarding the installation EMS can be obtained by contacting the JBLM EMS Coordinator (253-966-6470).

3.2 Perform work in a manner that conforms to the objectives and targets of the environmental programs and operational controls identified by the EMS. See Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS for more information. Support Government personnel when environmental compliance and EMS audits are conducted by escorting auditors at the Project site, answering questions, and providing proof of records being maintained. Provide monitoring and measurement information as necessary to address environmental performance relative to environmental and energy goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, take sufficient corrective and preventative actions to correct the issue and prevent recurrence. In addition, employees must be aware of their roles and responsibilities under the JBLM EMS and how these EMS roles and responsibilities affect work performed under the contract.

3.3 See this section and paragraph ENVIRONMENTAL TRAINING in Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS to identify training needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. Provide training documentation to the Contracting Officer. Make training completion certificates and records available to Government auditors during EMS audits and include the certificates in the Employee Training Records. See paragraph EMPLOYEE TRAINING RECORDS.

3.4 In accordance with JBLM Reg. 200-3, no construction process water or wastewater shall be discharged to the ground or storm water conveyance system. Construction discharge must meet requirements of the NPDES Construction General Permit (CGP) for Discharges from Construction Activities and guidance documents under the MS4 Permit. In accordance with JBLM Reg. 200-2, any wastewater generated must be collected, processed, characterized, and disposed of into the JBLM sanitary sewer system or other authorized disposal method. Prior to disposal, waste water characterization must at a minimum include pH, Oil and Grease, BOD, and TSS analysis by a NELAC accredited laboratory. Additional analyses may be required if non-conventional wastes or hazardous materials are potential contaminants. Results shall be submitted for review and approval by Public Works and American Water (AW). On site characterization by JBLM Pretreatment staff may waive analytical requirements at the discretion of the Pretreatment program manager. JBLM sanitary sewer discharge requires a Sanitary Sewer Discharge Permit issued by AW. The Environmental Protection Plan for the project must identify any potential wastewater generation and the process of proper disposal.

3.4.1 A sanitary sewer discharge permit application may be obtained from the Government Project Manager, DPW Pretreatment, or AW. The Contractor shall fill out the discharge request and submit it to laura.marcasciano@amwater.com. AW may request additional wastewater information/data prior to issuance of the permit.

4. ENVIRONMENTAL PROTECTION PLAN

4.1 The purpose of the Environmental Protection Plan (EPP) is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Incorporate construction related objectives and targets from the JBLM EMS into the EPP. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to be taken. Submit the EPP within 30 days after Notice to Proceed and not less than 20 business days before the preconstruction meeting. When required, submit an electronic copy (MS Word or pdf) to DPW ED or YTC DPW ED via the Contracting Officer’s Representative. Anticipate a minimum of two weeks for ED review and approval. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an adverse environmental impact. No requirement in this section or Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

4.2 The EPP includes, but is not limited to, the following elements:

4.2.1 General Overview and Purpose

4.2.2 Project Description

4.2.3 A brief description of the general work or types of work to be performed under the umbrella contract or specific contract action, as applicable.

4.2.4 Contractor's Environmental Protection Personnel: Names, Duties, Contact Information, and Qualifications

4.2.5 For projects that include ground disturbance, the Contractor shall include the following in the EPP as applicable:

4.2.5.1 A detailed site plan layout

4.2.5.2 A map showing drainage paths

4.2.5.3 A list of BMP’s for sediment and erosion control, called out by name from the Storm water Management Manual for Western Washington.

4.3 Include the duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), who is responsible for spill reporting and documentation, who is responsible for implementing and supporting spill containment and cleanup, and who is responsible for training the Contractor's environmental protection personnel. Provide name(s), contact information, and qualifications of those who will be serving as Environmental Officers, Hazardous Material Technicians, and Hazardous Waste Technicians; person(s) responsible for preparing manifests for hazardous waste to be removed from the site; etc.

5 PROCEDURES

5.1 A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

5.2 Communications and Training

5.2.1 Communication and training procedures that will be used to convey environmental management requirements to employees and subcontractors. Include a summary description of the environmental training program for personnel and subcontractors, to include subject matter, frequency, and method of tracking and documenting completion. See also paragraph ENVIRONMENTAL TRAINING in Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS.

5.3 Contact Information

5.3.1 Include a list or table of contact information to be utilized in an emergency (office phone number, cell phone number, and e-mail address, as applicable).

5.4 General Site Information

5.4.1 Drawings

5.4.1.1 Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil, including methods to control runoff and to contain materials on the site. Include drawings showing the location of any planned borrow areas.

5.4.2 Work Area

5.4.2.1 Work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse. Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site, and a traffic control plan. In the traffic control plan, include measures to reduce erosion of any temporary roadbeds by construction traffic, especially during wet weather, and measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

5.5 Environmental Officer Appointment Documentation

5.5.1 A letter signed by an officer of the firm appointing the Environmental Officer and stating that person is responsible for managing and implementing the Environmental Program as described in this contract. Include in this letter the Environmental Officer's authority to direct the removal and replacement of non-conforming work.

5.6 Regulatory Requirements and Regulatory Notification, Permits, and Other Documentation

5.6.1 List the anticipated significant environmental impacts associated with the project; describe methods and procedures for identifying and accessing all applicable environmental regulations and policies; and describe the internal inspection, monitoring, and corrective action procedures to ensure compliance with these regulations and policies.

5.6.2 List what notifications and permit applications must be made. Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

5.6.3 Some permits require up to 180 days to obtain. The EPP will not be approved until all necessary permits have been obtained.

5.7 Hazardous Waste Management Plan

5.7.1 This item consists of the management procedures for hazardous waste to be generated. The elements of those procedures will coincide with the JBLM Hazardous Waste Management Plan. The Contracting Officer will provide a copy of the JBLM Hazardous Waste Management Plan. See this section and paragraph HAZARDOUS WASTE MANAGEMENT in Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS for related requirements.

5.7.2 Describe/detail management procedures that will be used for Contractor and subcontractor generated hazardous waste, to include that managed as universal waste. As a minimum, include the following:

5.7.3 A list of the types of hazardous wastes expected to be generated and a waste profile sheet for each.

5.7.4 Procedures to ensure a written waste determination is made for appropriate hazardous wastes that are to be generated.

5.7.5 Sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications.

5.7.6 Methods and proposed locations of waste accumulation/storage.

5.7.7 Management procedures for storage, labeling, transportation, and disposal of such wastes.

5.7.8 Management procedures and regulatory documentation to ensure disposal complies with Land Disposal Restrictions (40 CFR 268).

5.7.9 Management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, used antifreeze, and latex paint.

5.7.10 Used oil management procedures in accordance with 40 CFR 279; Hazardous waste minimization procedures.

5.7.11 Plans for the disposal of waste by permitted facilities; and procedures to be employed to ensure required employee training records are maintained.

5.8 Hazardous Material Management and Contaminant Prevention Plan

5.8.1 Identify potentially hazardous substances to be used on the job site; identify the intended actions to prevent introduction of such materials into the air, water, or ground; and detail provisions for compliance with federal, state, local, and JBLM laws and regulations for the authorization, storage, handling, and use of these materials. Update the plan as new hazardous materials are submitted and authorized. See paragraph HAZARDOUS MATERIAL MANAGEMENT in Section 01 57 19.01 20 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS for related management requirements.

5.9 Historical, Archaeological, Cultural, and Biological Resources and Wetlands Plan

5.9.1 Define procedures for identifying and protecting historical, archaeological, cultural, and biological resources and wetlands known to be on the project site: and/or identify procedures to be followed if historical, archaeological, cultural, or biological resources or wetlands not previously known to be onsite or in the area are discovered during construction. Include methods to ensure the protection of known or discovered resources and identify lines of communication between Contractor personnel and the Contracting Officer, including specific procedures used to ensure compliance with the inadvertent discovery regulations applicable to the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act.

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