FA4664-13-R-0006_-_Atch_5_01355_Environmental_Protection.doc

Attachment 5 to

FA4664-13-R-0006

SECTION 01355

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

CODE OF FEDERAL REGULATIONS (CFR)

33 CFR 328

Definitions

40 CFR 260

Hazardous Waste Management System: General

40 CFR 261

Identification and Listing of Hazardous Waste

40 CFR 262

Standards Applicable to Generators of Hazardous Waste

40 CFR 302

Designation, Reportable Quantities, and Notification

40 CFR 355

Emergency Planning and Notification

49 CFR 171 - 178

Hazardous Materials Regulations state and local regulations

WQO 99-08-DWQ

State Water Resources Control Board – National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity (General Permit)

ORDER No. R8-2005-0033 California Regional Water Quality Control Board, Santa Ana Region – Waste Discharge Requirements for the United States Air Force March Air Reserve Base Storm Water Runoff Resolution No. R8-2005-0037 California Regional Water Quality Control Board, Santa Ana Region – Resolution Amending the Water Quality Control Plan for the Santa Ana River Basin to Incorporate Nutrient Total Maximum Daily Loads (TMDLs) for Lake Elsinore and Canyon Lake

CALIFORNIA CODE OF REGULATIONS (CCR)

Title 3. Food and Agriculture, Division 6. Pesticides and Pest Control Operations

Title 8. Industrial Relations, Division 1. Department of Industrial Relations

Title 13. Motor Vehicles, Division 3. Air Resources Board

Title 14. Natural Resources, Division 1. Fish and Game Commission

Title 16. Professional and Vocational Regulations, Division 19. Structural Pest Control Board

Title 17. Public Health, Division 1. State Department of Health Services (Drinking Water, Vector Control, and Occupational Lead Poisoning Prevention)

Title 17. Public Health, Division 3. Air Resources Board

Title 19. Public Safety Division 1. State Fire Marshal

Title 22. Social Security, Division 4. Environmental Health

Title 22. Social Security, Division 4.5. Environmental Health Standards for the Management of Hazardous Wastes

Title 23. Waters, All Divisions

Title 26. Toxics, Division 5.1. Department of Motor Vehicles

Title 27. Environmental Protection (Permitting, Certified Unified Program Agency [CUPA], and Solid Waste)

Air force POlicy directives, Manuals, REGULATIONS, instructions & Pamphlets (AFPD, AFM, AFR, AFI & AFP)

AFPD 32-70

Environmental Quality

AFM 32-4013

Hazardous Material Emergency Planning and Response Guide

AFI 32-1052

Asbestos Management

AFI 32-1053

Pest Management

AFI 32-1066

Plumbing Systems

AFI 32-1067

Water Systems

AFI 32-2001

Fire Protection

AFI 32-4002

Hazardous Material Emergency Planning and Response Program

AFI 32-7020

The Environmental Restoration Program

AFI 32-7040

Air Quality Compliance

AFI 32-7042

Solid and Hazardous Waste Compliance

AFI 32-7041

Water Quality Compliance

AFI 32-7044

Storage Tank Compliance

AFI 32-7045

Environmental Compliance and Management Program (ECAMP)

AFI 32-7047

Environmental Compliance Tracking and Reporting

AFI 32-7060

Interagency and Intergovernmental Coordination for Environmental Planning

AFI 32-7061

The Environmental Impact Analysis Process

AFI 32-7080

Pollution Prevention Program

AFI 32-7086

Hazardous Materials Management

AFP 32-7043

Hazardous Waste Management Guide

AFI 48-119

Medical Service Environmental Quality Programs

March ARBI 32-701 Hazardous Materials Pharmacy (HAZMART) Program

ENGINEERING MANUALS (EM)

EM 385-1-1

(1996) U.S. Army Corps on Engineers Safety and Health Requirements Manual

1.1.1 Reference Updates and Amendments

The Contractor is responsible for identification and complying with all the latest amendment, revision and or replacement of the above regulatory references in Section 1.1, and all applicable environmental requirements pertaining to the scope of work under the subject contract.

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

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.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Contractor Generated Universal Wastes

Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes; therefore, the regulations regarding handling, recycling, and disposal of these wastes are simpler. The California “Universal Waste Rule” (CCR Title 22, Division 4.5, Chapter 23) includes the regulations developed by the California Department of Toxic Substances Control for managing universal wastes. Section 66273.1(a) of the Universal Waste Rule lists and describes each substance considered a universal waste.

1.2.5 Installation Pest Management Coordinator

The typical duties of the Installation Pest Management Coordinator at March Air Reserve Base (ARB) are shared between the Pest Management Program Manager in the Environmental Management Flight (452D MSG/CEV) and the Base Operations Services (BOS) Contractor. These duties are to oversee the March ARB Pest Management Program and implement the Integrated Pest Management Plan for March ARB.

1.2.6 Pesticide

A pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.

1.2.7 Pests

The term “pests” means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds, and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment or vegetation; or are otherwise undesirable.

1.2.8 Integrated Pest Management

A planned program, incorporating continuous monitoring, education, record keeping, and communication, to prevent pests and disease vectors from causing unacceptable damage to operations, people, property, materiel, or the environment. Integrated Pest Management uses targets, sustainable (effective, economical, environmentally sound) methods including education, habitat modification, biological control, genetic control, cultural control, mechanical control, physical control, regulatory control, and where necessary, the judicious application of least-hazardous pesticides.

1.2.9 Wetlands

Wetlands are defined as “those areas that are inundated or saturated with ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas”. Wetlands in Southern California include vernal pools. Vernal pools are ephemeral wetlands that form in shallow depressions underlain by a substrate near the surface that restricts the percolation of water. These depressions fill with rainwater during the fall and winter and may remain inundated until spring or early summer, sometimes filling and emptying numerous times during the wet season. With average rainfall patterns, vernal pools are characterized by an annual plant community dominated by wetland species. Vernal pools are a unique wetland habitat and are considered jurisdictional wetlands.

1.3 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable environmental Federal, State, and local laws and regulations, and March ARB environmental permits, management plans, and goals. Guidance on March ARB environmental requirements is available from the 452D MSG/CEV. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01330

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals Environmental Protection Plan

Preconstruction Survey; G

The environmental protection plan; G Storm Water Pollution Prevention Plan submittal requirement determined by extent of land disturbance anticipated during construction project

Storm Water Pollution Prevention Plan; G Storm Water Control Certificate Form; G Storm Water Notice of Intent and WDID letter; G

SD-02 Closeout Submittal: Project Environmental Binder with CD

The PEB shall include and not limited to the SWMP and if applicable, NOI, NOT, maps, as-built drawings, photos, test reports, inventories, inspection reports, annual compliance report, and any noncompliance report.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, the Contractor shall submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, the Contractor shall meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor or any subcontractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor shall be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

The environmental protection plan shall include, but shall not be limited to, the following:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

f. The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1, and shall comply with the Hazardous Material Emergency Planning and Response Plan for March ARB (HAZMAT Plan). This plan shall include as a minimum:

1. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer, March ARB Fire Department (452D MSG/CEF) at ext 911 and base environmental flight. The base environmental P2 manager will notify the legally required Federal, State, and local reporting channels (including the National Response Center 1‑800‑424‑8802) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

2. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

3. Training requirements for Contractor's personnel and methods of accomplishing the training.

4. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

5. The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

6. The methods and procedures to be used for expeditious contaminant cleanup.

g. An Erosion and Sediment Control Plan which identifies the type and location of erosion and sediment controls to be provided if the area of disturbed soil is less than one acre (3.2.3 Erosion and Sediment Controls (ESC)). Should the area to be disturbed exceed one acre, the Contractor must prepare a Storm Water Pollution Prevention Plan (SWPPP) as detailed in subsection 1.8 STORM WATER POLLUTION PREVENTION PLAN (SWPPP).

1. The ESC plan shall provide for a calculation of land disturbance area both graphically and on a calculation worksheet IAW the definition of land disturbance under the General NPDES permit related to Construction Activities. It can accompany the Storm Water Control Certificate form submittal.

2. For any project (development or redevelopment) with a footprint exceeding 5000 square feet, the ESC plan shall clearly demonstrate that the Contractor has implemented site planning, design, construction and maintenance strategies for the project site to maintain or restore to the maximum extent technically feasible, the pre-development hydrology of the project area with regard to temperature, rate, volume, and duration of flow.

h. A Solid Waste Disposal Plan for non-hazardous wastes identifying methods and State-approved landfills to be used for solid waste disposal including any land clearing and demolition debris. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. The plan will be prepared in accordance with all federal, state, local and Air Force environmental laws, policies, and regulations, and the Integrated Solid Waste Management Plan for March ARB. The plan will include requirements for the Contractor to monitor the solid waste sent off-site to ensure that no infectious or hazardous wastes are sent to the landfill; and that recyclables are removed and recovered in accordance with the Recycling and Resource Conservation Plan. The plan will also include procedures for data collection and reporting to the 452D MSG/CEV.

i. A Recycling, Affirmative Procurement, and Resource Conservation Plan for solid waste minimization, use of materials with recycled content, and a list of measures to reduce consumption of energy and natural resources. This plan shall detail the Contractor's actions to comply with and to participate in Federal, State, Regional, local government, and the March ARB sponsored recycling programs to reduce the volume of solid waste at the source. Executive Order 13101, specifies the use of recycled and environmentally preferred products for federal facilities, and mandates source reduction, reuse, and/or recycling prior to sending any solid waste, including construction and demolition debris, to a landfill. The Contractor needs to report tons of construction and demolition debris recycled and tons of construction and demolition debris landfilled. The Contractor shall contact the 452D MSG/CEV recycling program manager to obtain detailed information regarding the March ARB recycling program and the disposition of potentially recyclable wastes expected to be generated during construction - types of materials, quality and composition, processing requirements, shipping/delivery needs, and vendors. In this plan the Contractor will also describe procedures to be used to obtain products listed in EPA’s Comprehensive Procurement Guidelines (CPG) that will meet the minimum content standards identified in current Recovered Materials Advisory Notices (RMANs). Resource conservation measures to be used to reduce consumption of fuel, water, electricity, and other resources will also be described in this plan. Data collection and procedures for reporting to 452D MSG/CEV for all aspects of recycling, affirmative procurement, and resource conservation will be delineated.

j. An Air Pollution Control Plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site; and, an inventory of industrial vehicles, equipment, or internal combustion engines (ICE) such as tractors, trucks, or generators that will be operated at March ARB during the construction project. The inventory must identify each piece of equipment or vehicle by make, model, horsepower, and fuel type. The inventory is necessary to assure compliance with the air permit issued to March ARB by the South Coast Air Quality Management District. Release of air contaminants at March ARB is prohibited without prior approval from 452D MSG/CEV. In addition, Air Force policy prohibits the use of Class I Ozone Depleting Substances (ODS) in all Air Force procurements. This plan shall include provisions prohibiting the use of ODS by the Contractor or subcontractors for the duration of the construction. Prohibited ODS include: halons; chlorofluorocarbons; 1,1,1-trichloroethane; and trichloroethylene.

k. A Hazardous Materials Management Plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations and March ARB Instruction (ARBI) 32-701 for storage and handling of these materials. No hazardous materials may be brought onto March ARB without prior approval. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be present onsite at any given time shall be included in the Hazardous Materials Management Plan. As new hazardous materials are brought onsite or removed from the site, the procedures of March ARBI 32-701 will be followed and the plan shall be updated.

l. A Pesticide Application Plan that identifies any pesticide treatment that is specified by the contract to be performed (e.g., soil treatment with termiticide), ways to minimize the need for pesticide treatments to control pests due to poor sanitation, standing water, etc., and descriptions of contingency procedures to deal with unplanned pest problems (e.g., bee swarms). Pest control procedures must comply with DODI 4150.7, AFI 32-1053, Federal and State regulations, and use products from the Armed Forces Pest Management Board (AFPMB) Standard Pesticides List Available to DoD Components and Agencies.

1.7.3 Appendix

Copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents shall be attached, as an appendix, to the Environmental Protection Plan.

1.8 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)

Any construction activities that disturb or break the topsoil at a site that throughout the duration of construction will exceed one acre in land area, must implement measures to manage and control storm water runoff while the construction activity is taking place, must stabilize the site when the activity is completed, must have a written SWPPP in place and accepted by 452D MSG/CEV prior to the commencement of field activities, must submit a Notice of Intent with appropriate fee to the Santa Ana Region or the State Water Resources Control Board for a National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity as required. To properly manage runoff from construction site for both storm water quantity and quality, the Contractor must use and inspect Best Management Practices (BMPs) for effectiveness before, during and after a rain event when the site is under construction to prevent and minimize erosion and sedimentation. Record of BMP inspection finding and maintenance/corrective action taken if applicable shall be documented and maintained. The SWPPP shall clearly show how each requirement under the NPDES permit is being addressed and include a SWPPP checklist complete with a record of the page number where the item is being complied with in the project site SWPPP. Contractors must have a qualified storm water professional prepare and oversee the implementation of the SWPPP. Guidance on the preparation of the SWPPP can be found in the California Stormwater Best Management Practice Handbook – Construction (Latest version). Assistance with the design of BMPs can be found in the Riverside County Stormwater Quality Best Management Practice Design Handbook (Latest version). The SWPPP must include but not limited to the following information:

· A site narrative which characterizes the construction site and activities, the control measures to be implemented and the stabilization practices;

· A description of each activity that disturbs soil and groundcover on the site; depict this information on the site map which shall be clearly illustrated in multiple pages or sheets as necessary: flow direction and gradient, true north direction, graphic scale, pervious area and impervious area of before and after construction, location of drains on-site and in the vicinity of the project boundary. At least one sheet shall identify and depict all the types and locations of the BMP installed, their inspection and maintenance requirement, the frequency of inspection, who must perform the inspection, who maintain the BMPs, the document to record, the location and procedure to access additional or replacement BMP supplies, and a note of the 24-7 contact information for the designated Contractor personnel that has the authority to decision-making, supervision and immediate implementation of BMPs for the construction project site.

· A description of the pollution prevention and storm water runoff and erosion control BMPs selected for implementation;

· A description of the source control and housekeeping BMPs;

· A description of the interim and permanent stabilization practices;

· Post-Construction BMP Maintenance Plan (if applicable);

· Nonstorm water management plan;

· Sampling and Analysis Plan, if applicable. All samples collected shall be tested by California Certified laboratory and all test reports provided IAW submittal procedure.

· An implementation schedule for the activities described;

· A site map showing site boundary, perimeter of control areas, and construction areas, location of BMPs, and map legend/index; and

· Maintenance of a site log to record the activities and events called for in the site plan.

The site log must be maintained for the duration of the project and be readily available for review by the Contracting Officer, 452D MSG/CEV, or regulator inspectors. The following entries must be contained in the log:

The beginning and end dates of soil disturbance.

Records documenting when control areas are activated, disassembled, and cleaned up/restored.

The date when runoff and erosion control BMPs are installed or implemented, and the inspection schedule to monitor the condition of BMPs.

Records documenting any rain events (time, duration, and intensity)and descriptions regarding the effectiveness of the storm water control site plan/installed BMPs to handle runoff resulting from each rainfall event.

The inspection schedule and results of inspections conducted for any established BMPs. Note any pertinent findings and response actions, if required.

The plan(s) must contain two separate certification signature blocks. The first certification shall also certify that the NOI and the WDID are attached, designate a qualified personnel to complete the annual inspection report submittal, a compliance certification, and written notification of any non-compliance at the project site during the period of performance or terms of the NPDES permit. The designated site manager or qualified storm water professional must initially certify that the storm water control site plan is in effect and that all required measures have been implemented prior to groundbreaking. The second signature block is signed by the designated site manager or qualified storm water professional certifying that the affected site area has been stabilized, all remaining storm water control measures have been upgraded to their final design configuration, and all construction site control areas have been removed and have attained their final stabilization state. The second certification shall also include that a complete signed NOT has been filed and accepted and attached an approved post construction O&M Plan.

1.9 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer shall make a joint condition survey. Immediately following the survey, the Contractor shall prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report shall be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor shall protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the Contractor's work under the contract.

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations, requested by the Contractor, from the drawings, plans and specifications which may have an environmental impact will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.11 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection Plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or equitable adjustments allowed to the Contractor for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 Points of contact The following personnel can be contacted for further guidance on environmental compliance at March ARB.

March Air Reserve Base Environmental Contact Personnel Dr. Ali Kashani Branch Chief 951-655-3653

Paul Pitman

Air Quality, Energy Conservation 951-655-5062 Chris Camacho

Cultural and Natural Resources 951-655-5069

Pest Management

TBD

Hazardous Wastes, Universal Wastes 951-655-5852

Solid Wastes, Recycling Eric Lehto

Installation Restoration Program 951-655-5060

(IRP) Sites (contaminated sites)

Gerald Haas

Pollution Prevention, Hazardous 951-655-5082

Materials/Wastes, Asbestos, Lead

Based Paint, PCBs

Yung Nguyen

Water Quality/Storm, Wastewater 951-655-5065

Tanks/Petroleum, Oil, and

Lubricants (POL), Spills

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

The Contractor shall be responsible for obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations.

3.2 LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. The Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. Stone, soil, or other materials displaced into uncleared areas shall be removed by the Contractor.

3.2.1 Work Area Limits

Prior to commencing construction activities, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are not to be disturbed shall be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, any markers shall be visible in the dark. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects.

3.2.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. The Contractor shall restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area. The Contracting Officer in consultation with 452D MSG/CEV shall determine what manner of restoration shall be used and whether damaged trees shall be treated and healed or removed and replaced.

3.2.3 Erosion and Sediment Controls

The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations, including the NPDES General Permit for Storm Water Discharges Associated with Construction Activity if the soil disturbance area will equal or exceed one acre. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's construction activities. Prior to anticipated storm events and after actual storm events, the Contractor will inspect all BMPs. During extended storm events, inspections must be made during each 24-hour period. The goals of these inspections are:

· To identify areas contributing to a storm water discharge;

· To evaluate whether measures to reduce pollutant loadings identified in the SWPPP are adequate and properly installed and functioning in accordance with the terms of the General Permit; and

· To determine whether additional control practices or corrective maintenance activities are needed.

Inspection results will be recorded in inspection logs and kept as attachments to the SWPPP. Equipment, materials, and workers must be available for rapid response to failures and emergencies. All corrective maintenance to BMPs shall be performed as soon as possible, depending upon worker safety. The Contractor must be able to certify annually that the construction activities and implementation of the SWPPP are in compliance with the requirements of the General Permit. Upon completion of all land disturbance activities, final BMPs are in-place, and final stabilization has been attained, the Contractor must submit a Notice of Termination with the post-construction BMPs maintenance plan to the Santa Ana Region - State Water Resources Control Board.

3.2.4 Contractor Facilities and Work Areas

The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made only when approved. Erosion and sediment controls shall be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters as described in the Erosion and Sediment Control Plan or the SWPPP, whichever is in effect. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.3 WATER RESOURCES

The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied to soil or vegetation unless otherwise indicated. All water areas affected by construction activities shall be monitored by the Contractor. If erosion and sediment control BMPs are not designed, installed, and maintained to prevent pollutants from washing off the construction site into the March ARB storm water collection system, storm water runoff discharge sampling during rainfall events shall be performed at Contractor expense until sampling indicates BMP effectiveness. The Contractor must establish control areas for construction activities that have a potential to introduce pollutants and contaminants into storm water runoff. If necessary, combine or co-locate control areas, or, if it is not practical to establish control areas, establish site specific work practices. The following specifics shall be adhered to:

· Clear construction site daily of trash, including organic debris, packaging materials, scrap, surplus building material, and domestic waste.

· Designate a material storage area provided with secondary containment.

· Store material on pallets and provide a covering or shelter for soluble materials to prevent storm water exposure.

· Inspect storage facilities at least weekly and after each rain event.

· Designate a temporary area for concrete mixers and mix truck washout. Hardened concrete is to be disposed off site.

· Concrete truck operators are prohibited from dumping or cleaning their trucks in any manner that results in water discharge.

· Painting and paint supply activities must be conducted in a manner to keep pollutants out of the storm water discharge by ensuring appropriate material storage, use, and cleanup.

· Paint related wastes, such as paint thinners and cleaning solvents, or paint rinsate, are not to be disposed of in any manner which would result in storm water exposure.

· When feasible, designate a fueling point provided with a secondary containment area.

· Clean equipment prior to leaving the construction area.

· Onsite maintenance of contractor owned or leased equipment is limited to emergency situations only.

The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands, including vernal pools.

The Contractor will examine operating procedures to identify means of conserving water—for example: the use of high pressure vehicle and equipment cleaning versus low pressure washing and rinsing.

The Contractor shall identify the type, quantity, time and date, and include how non-storm water discharge if applicable to the project site scope will be addressed. An example of non-storm water discharge is the testing of fire suppression system after installation and prior to acceptance of the system.

If the requirements of this contract ever result in the need to discharge a sudden volume of water to the wastewater sewer system at March ARB, the Contractor must notify the 452D MSG/CEV Water Program Manager of the scheduled discharge. Unexpected changes in the volume and composition of wastewater received at the wastewater treatment plant can negatively impact treatment quality. If alerted, the plant operators can prepare for the change in influent and minimize the impacts.

3.3.1 The Contractor shall prepare, submit, and implement a Storm Water Management (SWM) Plan. The level of details in the SWM plan shall commensurate with the size, the type, the activities and scope of the project or job. The SWM plan submittal will satisfy the SWPPP or the ESCP requirements provided that it incorporates all the requirements of the respective plans.

3.3.2 The Contractor shall prepare and submit a detail inventory, photos, and test results of all backflow prevention devices if applicable.

3.4 AIR RESOURCES

Equipment operation, activities, or processes performed by the Contractor shall be in accordance with all Federal and State air emission and performance laws and standards, and shall be accomplished while remaining in compliance at all times with the air permit issued to March ARB by the South Coast Air Quality Management District. Release of air contaminants at March ARB is prohibited without prior approval from 452D MSG/CEV.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; shall be controlled at all times, including weekends, holidays and hours when work is not in progress. The Contractor shall maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. The Contractor must have sufficient, competent equipment available to accomplish these tasks. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. The Contractor shall comply with all State and local visibility regulations.

3.4.2 Odors

Odors from construction activities shall be controlled at all times. The odors shall not cause a health hazard and shall be in compliance with State regulations and/or local ordinances.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes shall be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.5.1 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. Contractor will keep areas around containers clean and free of debris. Handling, storage, and disposal shall be conducted to prevent contamination. Segregation measures shall be employed so that no hazardous or toxic waste will become co-mingled with solid waste. Contractor shall consider recycling in determining how solid wastes are to be managed throughout the duration of the project. Separation of various materials into individual containers may be necessary to obtain maximum recycling/diversion benefits. Contractor shall the 452D MSG/CEV Recycling Program Manager to discuss options for participation in local recycling programs. The Contractor shall arrange to have all solid waste transported off-base and disposed of it in compliance with Federal, State, and local requirements for solid waste recycling and disposal. A Subtitle D RCRA/California permitted landfill shall be the minimum acceptable off-site solid waste ultimate disposal option. The Contractor shall verify that selected transporters and disposal facilities have the necessary permits and licenses to operate. Evidence of disposal/facility acceptance of the solid wastes (e.g., landfill or transfer station tipping fee tickets) shall be collected and reported to the 452D MSG/CEV. The Contractor shall also submit copies of the Non‑Hazardous Solid Waste Diversion Reports to the 452D MSG/CEV. Each report shall be submitted on the first working day after the first quarter that non‑hazardous solid waste has been disposed and/or diverted, and shall be for the previous quarter (e.g. the first working day of January, April, July, and October). Each report shall indicate the total amount of waste generated and the types and total amounts of wastes recycled/diverted in cubic yards or tons along with the total percent that was diverted.

3.5.2 Chemicals and Chemical Wastes

Chemicals and hazardous materials shall be managed in accordance with the Hazardous Materials Management Plan (HMMP) and the March ARBI 32-701, Hazardous Materials Pharmacy (HAZMART) Program. Hazardous materials are defined in 29 CFR 1910.1200(c); 40 CFR; 49 CFR 171‑178; CCR Title 8, Division 1, Chapter 4, Division of Industrial Safety; and the Dangerous Goods Regulations of the International Air Transport Association. No hazardous materials may be brought onto March ARB without prior approval as defined in March ARBI 32-701.

The Contractor shall establish a hazardous materials (HM) storage and distribution system if HM is to be used for any project at March ARB. Prior to bringing any HM onto March ARB, an inventory of every HM required for the project as listed in the HMMP and accompanied by two copies of the most current MSDS for each HM, shall be submitted to the Contracting Officer for review and approval. The inventory shall include approximate quantities anticipated to be used. This information regarding the types and quantities of HM that will be used at March ARB is a mandatory requirement for compliance with Executive Order 12856 – Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements. As HMs are delivered, used, replaced, or discarded as waste, the inventory must be updated and kept current. A monthly report of materials delivered, used, and removed from the installation shall be submitted to the Contracting Officer and the 452D MSG/CEV, with a final report submitted immediately prior to contract close‑out. The inventory, collection of MSDS, and storage/dispensing facility may be periodically inspected to verify accuracy by the Contracting Officer, 452 MSG/CEV, and regulators upon request.

The Contractor shall establish one or more HM storage and issue facilities designed to comply with all local, state, and federal environmental regulations and standards. Chemicals and hazardous materials shall be stored and dispensed ensuring no spillage to the ground or water. HM storage facility features may include: secondary containment that is chemically inert and impervious to absorption, flammable material and corrosive material storage lockers, drop cloths or tarpaulins, absorbent pads, and other means to store and segregate incompatible hazardous materials and prevent contaminating spills. A spill kit with appropriate containment and cleanup materials must be maintained at each HM storage facility. All HM containers shall be closed when not in use, and shall be returned to the HM storage facility when no longer used or at the end of the work day.

The Contractor's employees shall be provided with HM training, and all necessary PPE as described in the MSDSs for the HMs used during the project shall be available near the HM storage facilities. MSDSs are required by OSHA to be available onsite to employees. Periodic inspections of all storage and dispensing areas to identify leakage and initiate corrective action shall be performed and documented in inspection logs. The inspection logs will be periodically reviewed by the Contracting Officer and the 452D MSG/CEV and made available to regulators upon request

Unused HMs shall be removed from the HM storage facility prior to close‑out of the contract or upon shelf‑life expiration. The Contractor shall accompany the Contracting Officer and a representative of the 452D MSG/CEV at project close‑out to conduct an inspection to ensure all used and unused HM has been removed from March ARB and the locations of all HM storage facilities cleaned up.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261 and CCR Title 22, Division 4.5, Chapter 11, Identification and Listing of Hazardous Waste. The Contractor shall, at a minimum, manage and store hazardous wastes in compliance with 40 CFR 262; CCR Title 8, Division 1, Chapter 4, Division of Industrial Safety; CCR Title 22, Division 4.5, Chapter 12, Standards Applicable to Generators of Hazardous Waste; the March ARB Hazardous Waste Management Plan. The following generic requirements and conditions apply to Contractor‑operated hazardous waste accumulation points (HWAPs):

· HWAPs are to be sited in close proximity to the point where a waste stream is generated.

· The proposed HWAP and its actual location must be reviewed and approved by 452D MSG/CEV prior to establishing the site. Discussions between the Contractor and 452D MSG/CEV will determine whether the HWAP shall be designated a “90-Day” accumulation area or a Satellite Accumulation Point.

· At a minimum, the HWAP will be identified with a sign of no less than 1-inch uppercase lettering denoting "HAZARDOUS WASTE", "HAZARDOUS WASTE ACCUMULATION POINT," or equivalent. The site needs to be clearly distinguishable from other areas, must be designed to preclude people from unknowingly entering the location must be secure from unauthorized entry as much as possible, and must be protected from vehicle traffic. The use of additional signs, pylons, ropes, floor markings, fencing, K‑rails, etc. may be used to more clearly define the HWAP location.

· Containers holding liquid HW must be stored on 452D MSG/CEV-approved secondary containment pallets to preclude spreading leaks and spills. The pallets will be installed prior to collecting liquid waste.

· An existing HWAP is solely for the specified function and waste streams covered by the original approval. Waste from other functions and new waste streams will not be added to HWAP containers without prior written approval from the 452D MSG/CEV.

· All HWAPs are subject to Contracting Officer, 452D MSG/CEV, and regulator inspection.

· A suitable spill response kit will be located within reasonable proximity to the HWAP (i.e. line of sight). Also required is access to a telephone and a list of emergency telephone numbers. All spills will be reported to the 452D MSG/CEF at 911, the 452D MSG/CEV, and the Contracting Officer.

· Appropriate personal protective equipment (PPE), consistent with what is required when handling individual hazardous materials as defined in the MSDSs must be available. Personnel must receive training in the correct use of the PPE.

· Different HWs will not be mixed in the same container as this could cause dangerous reactions.

· Primary and Alternate Managers will be appointed for each HWAP. These assignments will be made by a letter of designation signed by the Contractor.