Attachment_JA-12.pdf

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SECTION 01560

ENVIRONMENTAL REQUIREMENTS

PART 1 GENERAL

This Section describes the requirements placed upon the Contractor necessary for the prevention of environmental pollution or damage on Dobbins Air Reserve Base (DARB), and to enable DARB to meet environmental reporting and tracking requirements set forth in local, State, and Federal laws, rules, and guidance documents due to work performed by the Contractor during the execution of this project.”

1.1 COMPLIANCE WITH ENVIRONMENTAL REGULATIONS

The Contractor and his subcontractors shall comply with all applicable Federal, State, and local laws and regulations concerning environmental permitting, tracking, pollution control and protection, as well as the specific requirements stated elsewhere in the contract specifications.

1.2 SUBMITTALS

Submittals requirements for this section will be outlined in specific subsections.

1.3 ENVIRONMENTAL PERMITS AND CERTIFICATIONS

The Contractor is responsible for holding and obtaining all applicable environmental permits and certifications necessary to accomplish all work. Requirements for specific permits and certifications will be included in subsequent subsections.

1.4 ENVIRONMENTAL FINES AND PENALTIES

The Contractor agrees to indemnify the Government, its officers, agents, and employees against liability and costs associated with the intentional or negligent noncompliance of environmental laws, regulations, or requirements by the Contractor, its officers, agents, employees, or subcontractors to the extent such noncompliance arises out of the manufacture or delivery of supplies, services or construction by or for the account of the Government. The Contractor shall reimburse the Government for any fines and monetary penalties assessed by State or Government agencies against Dobbins Air Reserve Base due to intentional or negligent noncompliance with environmental laws, regulations, or requirements by the Contractor. The Contractor shall be responsible for making corrections necessary to comply with any environmental laws, regulations or requirements.

1.5 REGULATORY INSPECTIONS

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The Contractor shall immediately notify the Contracting Officer when contacted by a Federal, state or local environmental regulatory inspector(s). The Contractor cannot represent the Government during an inspection. The Contracting Officer, or designated government representative, will be responsible for meeting and escorting the inspector(s) at the job site.

1.6 DEFINITIONS

1.6.1 Hazardous Material (Hazmat): Any substance defined by OSHA as a hazardous substance requiring a Material Safety Data Sheet (MSDS), including, but not limited to any chemicals, paints, adhesives, sealing compounds, strippers, glues, petroleum products, natural or synthetic gases, pesticides, all aerosols, and all materials containing hazardous substances.

1.6.2 Solid Waste: Any material, liquid, gaseous or solid, that is deemed as waste by the generator because it is no longer needed, is excess, has exceeded its shelf life, is spill residue, has been abandoned, or is no longer usable for its intended purpose. Solid waste includes, but is not limited to: used or spilled chemicals; contaminated clothing and personal protective equipment (e.g. mask filters, gloves, coveralls); contaminated wipes, rags and other equipment; empty containers; garbage; packaging; construction and demolition debris; refuse; recyclable materials; and all other discarded materials that are generated during construction, residential, and commercial activities.

1.6.3 Hazardous Waste: Any solid waste (as described in the definition above) that meets the RCRA criteria for hazardous waste. Solid waste that has any hazardous waste characteristics upon being generated, or is a listed hazardous waste, are hazardous wastes.

1.6.3.1 Any solid waste that has a flashpoint of less than 140 degrees Fahrenheit at the time of generation must be handled as an IGNITABLE hazardous waste. Allowing an ignitable hazardous waste to intentionally air dry (considered to be “treatment of hazardous waste”) to avoid being managed as a hazardous waste is prohibited under RCRA law since Dobbins ARB does not hold a hazardous waste treatment permit.

1.6.3.2 Empty containers must meet the RCRA regulatory definition of “empty” to be considered empty (reference 40 CFR 261.7(b)).

PART 2 PRODUCTS (NOT APPLICABLE)

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PART 3 EXECUTION

3.1 GENERAL ENVIRONMENTAL REQUIREMENTS

3.1.1 Prohibition against Open Burning. The Contractor is prohibited from open burning on Dobbins Air Reserve Base.

3.1.2 Vehicle Emissions. All light duty vehicles and trucks that the contractor, subcontractor or any of their personnel drives on base over sixty days in a calendar year shall be required to meet Georgia Rule 391-3-20 Enhanced Inspection and Maintenance.

No applicable vehicle will be given a pass for greater than sixty days unless it has proof of emission inspection unless the vehicle has a valid registration from one of the following Georgia counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale.

3.1.3 Historical and Archeological Findings. If the Contractor believes he or she has discovered any item or area of historical or archaeological interest not specified in the contract during the completing of work, the Contractor shall leave the area undisturbed and immediately report the finding to the Contracting Officer.

3.1.4 Unanticipated Materials of Concern

3.1.4.1 Asbestos Containing Material (ACM): If the Contractor believes they have discovered any ACM not specified in the contract during the execution of work, the Contractor shall stop work on the site immediately and notify the Contracting Officer.

3.1.4.2 Lead-Based Paint (LBP): If the Contractor believes they have discovered any LBP not specified in the contract during the execution of work, the Contractor shall stop work on the site immediately and notify the Contracting Officer.

3.1.4.3 Polychlorinated Biphenyls (PCBs): If the Contractor believes they have discovered a PCB containing item not specified in the contract during the execution of work, the Contractor shall stop work on the site immediately and notify the Contracting Officer. The Contractor shall not use or install any equipment containing PCBs on Dobbins ARB.

3.1.4.4 Mercury-Containing Materials: If the Contractor believes they have discovered mercury-containing materials (e.g. thermostats, switches, etc.) not specified in the contract during the execution of work, the Contractor shall stop work on the site immediately and notify the Contracting Officer.

3.1.4.5 Radioactive Materials: If the Contractor believes they have discovered radioactive materials or wastes (e.g. smoke detectors, some lasers, etc.) not specified in the contract during the execution of work, the Contractor shall stop work on the site immediately and notify the Contracting Officer.

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3.2 SOLID WASTE MANAGEMENT

The Contractor is authorized to generate or dispose of solid waste under the scope of this contract in accordance with the requirements of this section. Solid waste, in this section, refers to any non-hazardous waste, any municipal waste, any construction and demolition debris, and any recyclable materials generated by the Contractor while performing the work under this contract. Excess clean soil free of other solid waste and routine personal waste (food and drink containers that are carried off-base at the end of the work day) are excluded from this definition.

3.2.1 References

3.2.1.1 Dobbins ARB Integrated Solid Waste Management Plan (February 2001 or current)

3.2.1.2 AFI 32-7080, Compliance Assurance and Pollution Prevention (March 1999)

3.2.1.3 Georgia Department of Natural Resources Environmental Protection Division, Chapter 391-3-4, Solid Waste Management

3.2.1.4 Executive Order 13101, Greening of the Government Through Waste

Prevention, Recycling and Federal Acquisition (14 Sep 1998)

3.2.2 Submittals

3.2.2.1 Landfill and Recycling Facility Information. The Contractor shall submit a document which lists the name(s), address(es), phone number(s) and point(s) of contact for each landfill or recycling facility intended to be used for the disposal and/or recycling of solid wastes generated by the Contractor during the course of this contract.. This document must be approved by the Contracting Officer prior to beginning any demolition or deconstruction work.

3.2.2.2 Weight Receipts for solid waste disposed and materials recycled. These are legible documents provided to the Contractor by the recycling and/or disposal facility which indicate: the date of service (drop off); the type of the waste dropped off, and the weight of the waste (in pounds or tons). Weight Receipts shall be submitted for approval within 5 days of the service date..

3.2.3 Use Of State-Permitted Solid Waste Disposal Facilities Only

3.2.3.1 The Contractor shall be responsible for collecting and properly recycling or disposing of all solid wastes generated while performing work under this contract in accordance with all applicable rules and regulations. The Contractor shall only use state-permitted solid waste landfills and licensed recycling facilities for all solid waste generated on Dobbins ARB.

3.2.3.2 The Contractor shall provide the required information for each facility selected for use by the Contractor described in submittal 3.2.2.1 prior to beginning any demoltion or deconstruction work.

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3.2.4 Construction And Demolition Debris

3.2.4.1 All recyclable construction and demolition debris (C&D) shall be recycled either onsite or at a C&D recycling facility. Recyclable C&D debris is prohibited from being landfilled. Recyclable C&D includes, but is not limited to: asphalt, concrete, scrap metal, metal piping, metal fixtures, lumber, ceiling tiles, gypsum, and carpeting,

3.2.4.2 Non-recyclable C&D shall be disposed of at a state permitted landfill that accepts

C&D waste.

3.2.4.3 The Contractor shall segregate recyclable C&D (e.g. copper piping, concrete, asphalt, scrap metal, lumber, ceiling tiles, gypsum, etc.) from non-recyclable C&D, in accordance with the recycling facility requirements. Some scrap metals may be recycled at the base recycling center, upon Contractor request and approval from the Contracting Officer.

3.2.4.4 Any materials approved by the Contracting Officer to be recycled at the base recycling center do not require weight receipts to be submitted (ref. submittal 3.2.2.2)

3.2.5 Other Recyclable Materials

3.2.5.1 The Contractor shall collect all cardboard, fiberboard and standard wooden pallets generated by any Contractor shipping and packaging activities (e.g. receipt of furniture, receipt of shipments of hazmats, etc.) in order to recycle them at the base Recycling Center.

3.2.5.2 These materials are approved to be recycled at the base cycling center and do not require weight receipts to be submitted (ref. submittal 3.2.2.2)

3.2.6 Collection And Storage Of Solid Wastes

3.2.6.1 The Contractor shall provide all appropriate containers, bags, liners, trays and other equipment required for the proper collection of solid wastes. The Contractor shall not use any base dumpsters or other trash receptacles for collecting or storing solid waste.

3.2.6.2 All solid wastes shall be reclaimed, recycled or disposed of prior to completion of work under this project.

3.2.6.3 The Contractor shall not generate any waste as a result of cleaning any

Contractor tools, vehicles, containers or other equipment on base; cleaning of

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Contractor equipment on base is prohibited unless otherwise permitted by the Contracting Officer.

3.3 HAZARDOUS MATERIALS (Hazmat) MANAGEMENT

The Contractor is authorized to use hazardous materials under the scope of this contract in accordance with this section. Hazardous Material (Hazmat) is any hazardous substance required by the Occupation Safety and Health Administration (OSHA) to have a manufacturer’s Material Safety Data Sheet (this does not include OSHA “articles” such as tape, fabric, batteries, mesh, mechanical fasteners, etc.) :

3.3.1 References

3.3.1.1 Pollution Prevention Act [42 US Code 13101, et seq.]

3.3.1.2 Air Force Instruction 32-7080, Pollution Prevention, 12 May 1994

3.3.1.3 Air Force Pollution Prevention Strategy, 24 Jul 95

3.3.1.4 HQ USAF/ILEV Memorandum, “Pollution Prevention to Achieve

Compliance”, 20 Aug 1997

3.3.1.5 Executive Order 13101, Greening the Government through Waste Prevention, Recycling and Federal Acquisition, 14 Sep 1998

3.3.1.6 Executive Order 13148 Greening of the Government Through Leadership in

Environmental Management, 21 Apr 2000

3.3.1.7 Air Force Instruction 32-7086, Hazardous Materials Management, 1 Nov

3.3.1.8 Base Instruction 94I32-7001, June 2006 or current policy

3.3.2 Submittals

3.3.2.1 Contractor's Hazmat Storage Field Location Sketch

3.3.2.2 Material Information Sheet (MIS)

3.3.2.3 Material Safety Data Sheets (MSDSs)

3.3.2.4 Substantiating Documentation for Use of Prohibited Hazmat

3.3.2.5 Product Data Sheets (PDSs)

3.3.2.6 Exit Inventory document

3.3.3 EPCRA Compliance. Reference FAR 52.223-5: The Contractor needs to provide all information needed by Dobbins ARB to comply with EPCRA. Contractor shall provide:

3.3.3.1 Contractor’s Hazmat Storage Field Location Sketch (ref. submittal 3.3.2.1), document that identifies exactly where Hazmats are intended to be stored when not in use, shall be submitted to the Contracting Officer for approval.

3.3.3.2 Material Information Sheet (MIS) (ref. submittal 3.3.2.2), document completed and submitted by the Contractor to the Contracting Officer for approval and use on Dobbins ARB, which identifies specific Hazmats to be used with corresponding

Attachment JA-12 Page 7 of 10 container data including: container type, container size, estimated usage quantity, and application method. No Hazmat material reviews can be completed without this document.

3.3.3.3 Material Safety Data Sheet (MSDS) (ref. submittal 3.3.2.3), a manufacturer’s document that describes the physical characteristics of a hazmat, to be submitted by the Contractor to the Contracting Officer for review and approval for each and every different Hazmat listed on the MIS, and to be submitted with the MIS. MSDSs shall be obtained directly from the manufacturer and shall be current. .

3.3.3.4 Substantiating documentation (ref. submittal 3.3.2.4) is a document that justifies the use of prohibited Hazmats and/or prohibited chemicals constituents.

Substantiating documentation must be submitted concurrently with the MIS and MSDSs if a prohibited Hazmat or chemical constituent is being requested for use on Dobbins ARB. This document must identify which specific engineering criteria or specification will NOT be met unless the prohibited Hazmat or chemical constituent is used. If alternate commercially available products are available that will meet the specific engineering criteria or specification, then the prohibited Hazmat or chemical constituent will not be authorized for use on Dobbins. Prohibited hazmats and chemical constituents prohibited from use on Dobbins include, but are not limited to: EPA-17 listed chemicals (i.e. methyl ethyl ketone, xylene, toluene, methylene chloride, et al);

Class I Ozone Depleting Substances (i.e. Freon 12, 1,1,1-trichloroethane, et al) ; heavy metals (i.e. lead, barium, silver, nickel, chromium, cadmium, et al); carcinogenic constituents; cyanide and cyanide compounds, phosphated compounds, SARA Title III Extremely Hazardous Substances, and SARA Title III 313 Hazardous Substances.

3.3.3.4.1 No prohibited Hazmat or chemical constituent will be approved for use in excess of 3000 pounds cumulatively over the entire contract period.

3.3.3.4.2 No prohibited Hazmat or chemical constituent will be approved for use that will generate hazardous waste by nature of its use, unless the Contractor is authorized to generate hazardous waste in accordance with paragraph 3.7 of this section 01560.

3.3.3.4.3 No Class I Ozone Depleting Substance will be authorized for purchase or reimbursement under any circumstances. All Class I Ozone Depleting Substances identified as necessary by engineering to meet an engineering criteria or specification must be obtained through the Defense Reserve with SAF authorization and approval.

3.3.3.5 Product Data Sheet (PDS) (ref. submittal 3.3.2.5), a document provided by the manufacturer of a hazmat that provides detailed information about the hazmat including usage conditions and proper application methods. The Contractor shall submit a PDS for each Hazmat listed on the MIS concurrently with the MIS to the Contracting Officer for approval.

3.3.3.6 Exit Inventory (ref. submittal 3.3.2.6), is a document completed by the Contractor that lists the actual quantities of authorized Hazmats that were used during the

Attachment JA-12 Page 8 of 10 course of work under this contract. The Exit Inventory shall be submitted to the Contracting Officer no later than the pre-final inspection date.

3.3.4 Limited overnight storage of any single Hazmat on base (less than 5,000 pounds) will be authorized in accordance with any storage conditions provided by the Government during hazmat approval review

3.3.5 Use of approved and authorized Hazmats are restricted to the methods of application and quantities identified on the corresponding MIS; if quantities needed exceed the estimates provided on the MIS, the Contractor must identify the additional quantity needed to the project inspector as soon as the need is identified. Additional quantities are authorized as long as no cumulative quantity limitations (reference

3.3.3.4.1 and 3.3.4 above) are exceeded.

3.3.6 The Contractor will implement the following Best Management Practices (BMPs) to prevent spills and other releases to the environment, and to meet NFPA, OSHA, and RCRA requirements, including but not limited to: providing covered storage of Hazmats, providing appropriate storage for flammable materials, providing impervious underlayment (e.g. tarps) where Hazmats are being used on grassed areas, keeping lids of containers closed at all times, etc.:

3.3.6.1 The Contractor shall store all Hazmat in the designated Hazmat storage area approved by the Contracting Officer, per submittal 3.3.2.1.

3.3.6.2 The Contractor shall provide secondary containment for all Hazmat being stored on base. Secondary containment shall be chemically inert to the Hazmat being stored and impervious to absorption of the Hazmat (spilled, dripped or leaked). The secondary containment volume shall not be less than 10% of the total quantity being stored or the equal quantity of the largest container being stored, whichever is greater in volume. Separate secondary containment shall be provided for incompatible Hazmats, such as acids and bases, flammables and corrosives, flammables and oxidizers, etc.

3.3.6.3 The preservation of the landscape shall be an imperative consideration in the selection of all sites. No activity shall be conducted or storage permitted within the dripline of any tree without being depicted on the drawings and being approved by the Contracting Officer.

3.3.6.4 The Contractor shall be responsible for the cleanup and disposal of all spilled Hazmats, including any spilled, leaking or dripping hydraulic fluid and other fluids from equipment and vehicles.

3.3.6.4.1 Spills have no size limit; any amount spilled shall be cleaned up by the Contractor. The Contractor shall provide all materials use to contain and absorb any spill, and shall provide appropriate and proper containers into which the spill debris shall be placed. Spill absorbents used shall be picked up immediately and placed in the disposal container.

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3.3.6.4.2 Disposal of spilled wastes generated from spill cleanup shall be the Contractor’s responsibility and shall be in accordance with paragraph 3.7 of this 01560 section.

3.3.6.5 The Contractor shall use NFPA and OSHA required or specified flammable material and corrosive material storage lockers for the storage of all Hazmats.

3.3.6.6 The Contractor shall segregate incompatible materials at all times in his or her field office, storage, staging and work areas.

3.3.6.7 The Contractor shall use protective measures, such as drop cloths and tarpaulins, when using Hazmats, in order to keep the work and storage areas free from drips and spills and to protect unimproved surfaces from environmental contamination.

3.3.6.8 The Contractor shall keep all containers closed at all times when not in use. At any time when a hazmat is finished being used for the day, the hazmat container shall be returned to the designated storage area.

3.3.6.9 The Contractor shall not store Hazmat outdoors where it may be exposed to sun, rain, wind or other elements and precipitation. The Contractor shall follow all manufacturers’ recommendations for storage of Hazmat, according to the PDS.

3.3.6.10 The Contractor shall ensure that Hazmats are never poured out onto grass or soil, and are never drained to or dispose of on the ground, in a water way or via the storm sewer system. Mixtures of water and/or Hazmats shall never be dumped onto the ground.

3.3.6.11 The Contractor shall ensure that all employees are given proper training in the use and storage of the Hazmats onsite, and in the use of any personal protective equipment necessary for the proper use of Hazmat on Dobbins ARB.

3.3.7 The Contractor shall not generate any waste as a result of cleaning any Contractor tools, vehicles, containers or other equipment on base; cleaning of Contractor equipment on base is prohibited unless otherwise permitted by the Contracting Officer. The Contractor shall plan for this in determining which Hazmats to use for specific tasks.

3.4 STORM WATER POLLUTION PREVENTION

Based on the scope of work, this project does not require coverage under a National Pollutant Discharge Elimination Standard (NPDES) permit for construction activity nor preparation of a base Storm Water Pollution Prevention Plan. If the extent of land disturbance increases based on what is currently anticipated, the Contractor shall immediately notify the Contracting Officer.

3.5 PETROLEUM OIL AND LUBRICANT (POL) USE AND MANAGEMENT

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The Contractor is prohibited from filling vehicles or equipment on Dobbins with fuel using a tank or jerry can, and from adding oil, hydraulic fluid or lubricants to vehicles or equipment on Dobbins. The Contractor is prohibited from storing gasoline, diesel, oil or hydraulic fluid on Dobbins ARB. If the project requires the storage and use of POL, the Contractor shall immediately notify the Contracting Officer.

3.63.6 LANDSCAPE PROTECTION

The Contractor is prohibited from performing exterior work that can harm or threaten trees, shrubs, grass, and landscaping on Dobbins. The Contractor is prohibited from driving on any surface other than paved or graveled roads on Dobbins ARB. If the project requires exterior work, the Contractor shall immediately notify the Contracting Officer.

3.73.7 HAZARDOUS WASTE MANAGEMENT

The Contractor is prohibited from generating or disposing of any Hazardous Waste under the scope of this contract. If the Contractor generates hazardous waste not authorized under the scope of this contract, the Contracting Officer shall be notified immediately.

The Contractor is responsible for management and disposal of such waste in accordance with federal, state, local, and base requirements.

3.83.8 PESTICIDES

The Contractor is prohibited from applying herbicides, insecticides, rodenticides, or pesticides under the scope of this project including commercially available aerosol cans.

3.93.9 RADIOACTIVE MATERIAL (RAM)

The Contractor is prohibited from disturbing any radioactive materials or using equipment or tools containing radioactive sources. This includes, but is not limited to:

ionizing radiation emitters, non-ionizing radiation emitters, and lasers.

3.103.10 UNIVERSAL WASTE

The Contractor is prohibited from disturbing, removing, replacing or disposal of any universal wastes, including: fluorescent or High Intensity Discharge (HID) lamps (i.e.

mercury vapor lamps); batteries; mercury thermostats; mercury switches; or anything containing mercury. Ballasts associated with these lamps are to be managed as recyclable materials and are prohibited from disposal.