Pembina Repairs_Attachment E.pdf

Attachment E - Specification 01 41 26.00 13 – Environmental Protection

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 13

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Pesticide

1.2.6 Pests

1.2.7 Surface Discharge

1.2.8 Waters of the United States

1.2.9 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.8 PROTECTION FEATURES

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 NOTIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PERMITS

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.3.1 Cofferdams, Diversions, and Dewatering Operations

3.3.2 Stream Crossings

3.3.3 Wetlands

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Sound Intrusions

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

Jun 02, 2022 SECTION 01 57 20.00 13 Page 82 82

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous

Materials

3.5.4 Fuel and Lubricants

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.9 PESTICIDES

3.9.1 Pesticide Delivery and Storage

3.9.2 Qualifications

3.9.3 Pesticide Handling Requirements

3.9.4 Application

3.10 INVASIVE SPECIES PREVENTION

3.11 MAINTENANCE OF POLLUTION CONTROL FACILITIES AND DEVICES

3.12 TRAINING OF CONTRACTOR PERSONNEL

3.13 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

Jun 02, 2022 SECTION 01 57 20.00 13 Page 83 83

SECTION 01 57 20.00 13

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.

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions of Waters of the United States

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

ENGINEERING MANUALS (EM)

EM 385-1-1 (2014) Safety -- Safety and Health Requirements Manual

US ARMY CORPS OF ENGINEERS TECHNICAL REPORT

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

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.

Jun 02, 2022 SECTION 01 57 20.00 13 Page 84 84

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, 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 (e.g. methyl ethyl ketone, toluene etc.), waste thinners,excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Land Application for Discharge Water

The term "Land Application" for discharge water means that the Contractor shall discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" shall occur. Land Application shall be in compliance with all applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

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.

1.2.6 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.

1.2.7 Surface Discharge

The term "Surface Discharge" means that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit from the governing agency to discharge water.

1.2.8 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328 .

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1.2.9 Wetlands

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with the WETLAND MANUAL.

1.3 GENERAL REQUIREMENTS

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 be responsible for any delays resulting from failure to comply with any Federal, State, or Local 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

Attain Government approval 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 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

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

Jun 02, 2022 SECTION 01 57 20.00 13 Page 86 86 formally identified in this section. Before the start of construction, 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 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 the following as applicable, and shall not be limited to the following items:

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. In the event that this project does not require a NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) stormwater/construction permit, the Contractor shall as part of the ENVIRONMENTAL PROTECTION PLAN, prepare an erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided during construction. The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, and Federal, State, and local laws and regulations.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. 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

Jun 02, 2022 SECTION 01 57 20.00 13 Page 87 87 methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow and disposal areas.

j. 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 . 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, and the local Fire Department for flammable materials, in addition to 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.

k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during the construction.

l. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail the Contractor's actions to comply with and to participate in Federal, State, regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

m. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and

Jun 02, 2022 SECTION 01 57 20.00 13 Page 88 88 travel off the project site.

n. A contaminant prevention 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 for storage and handling of these materials. 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 on site at any given time shall be included in the contaminant prevention plan. As new hazardous materials are brought on site or removed from the site, the plan shall be updated.

o. A waste water management plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan shall include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan shall include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, a copy of the permit and associated documents shall be included as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan shall include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

p. A historical, archaeological, cultural resources, biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site:

and/or identifies procedures to be followed if historical, archaeological, cultural resources, biological resources or wetlands not previously known to be onsite or in the area are discovered during construction. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

q. A pesticide treatment plan shall be included and updated, as information becomes available. The plan shall include: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (e.g. pounds per acre), equipment used for application and calibration of equipment. The Contractor is responsible for Federal, State, regional and local pest management record keeping and reporting requirements.

r. A plan to prevent the spread of invasive species due to construction of this project in accordance with paragraph INVASIVE SPECIES PREVENTION. Development of the plan shall be based on the Minnesota Department of Natural Resources (MDNR) publication, "BEST PRACTICES FOR PREVENTING THE SPREAD OF AQUATIC INVASIVE SPECIES" that is contained in the attachments at the end of this section. This publication shall be the standard unless other best management

Jun 02, 2022 SECTION 01 57 20.00 13 Page 89 89 practices have been identified by the state resource agency where the work is to be conducted. Although this guidance specifically addresses removal of aquatic invasive species, the cleaning methods can be used for removal of other invasive species that may be contained in soil or vegetative material on equipment. The plan shall indicate the cleaning procedures to be used on all equipment and watercraft that are to be brought on site, unless stated otherwise.

Cleaning operations shall be conducted before entering and before leaving the site. The plan shall provide documentation from the Contractor stating that equipment has been cleaned as specified, inspected, and found to be free of invasive species. The plan shall indicate the location where each piece of equipment and/or watercraft was last used. If the equipment and/or watercraft was used in Listed Infested Water, the Contractor shall follow Federal, State, and local best practices for cleaning and provide a list of invasive species known to be in that area. Watercraft such as tows and barges used last in a waterbody designated as infested are exempt from the invasive species prevention requirements for aquatic species if kept in the same waterbody and designation without overland transportation.

1.8 PROTECTION FEATURES

This paragraph supplements the Contract Clause 52.236-9 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.

1.9 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.

1.10 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 (suspending) all or part of the work until satisfactory corrective action has been taken. No time extensions

Jun 02, 2022 SECTION 01 57 20.00 13 Page 90 90 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. The failure of the Contracting Officer to notify the Contractor of any noncompliance with Federal, State, or local environmental laws or regulations, permits, or the Contractor's Environmental Protection Plan shall not relieve the Contractor of the duty to comply with those laws or regulations, permits, or the Contractor's Environmental Protection Plan.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PERMITS

The Contractor is responsible for obtaining all applicable permits or licenses, except those obtained by the Government. The Contractor shall be responsible for implementing the terms and requirements of the permits held by the Contractor or the Government.

3.2 LAND RESOURCES

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.

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3.2.3 Erosion and Sediment Controls

This effort will be negotiated at the task order level, to include, as applicable, the following requirements: The Contractor shall be responsible for providing erosion and sediment control measures in accordance with SECTION 01 41 26.00 13 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. Or The Contractor shall be responsible for providing and maintaining erosion and sediment control measures in accordance with its erosion and sediment control plan. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs). BMPs may include, but are not limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction entrances, sediment traps, inlet and outfall protection. Any temporary measures shall be removed after the area has been stabilized.

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.

Temporary movement or relocation of Contractor facilities shall be made only when approved. Erosion and sediment controls shall be provided for on-site borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.3 WATER RESOURCES

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. For construction activities immediately adjacent to impaired surface waters, the Contractor shall be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.3.1 Cofferdams, Diversions, and Dewatering Operations

Construction operations for dewatering, water return for hydraulic dredging, removal of cofferdams, tailrace excavation, and tunnel closure shall be controlled at all times to maintain compliance with existing State water quality standards and designated uses of the surface water body. The Contractor shall plan its operations and perform all work necessary to minimize adverse impact, such as water turbidity, on the habitat for wildlife and on water quality for downstream use.

3.3.2 Stream Crossings

Stream crossings shall allow movement of materials or equipment without violating water pollution control standards of the Federal, State, and local governments.

3.3.3 Wetlands

Do not enter, disturb, destroy, or allow discharge of contaminants into any wetlands, unless authorized herein. The Contractor shall be responsible for the protection of wetlands shown on the drawings.

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Authorization to enter specific wetlands identified shall not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries.

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.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphalt 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.

3.4.3 Sound Intrusions

Minimize environment damage by noise. Comply 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 dredge material and clearing debris) shall be placed in containers which are emptied on a regular schedule. 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. The Contractor shall transport solid waste off the construction site and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill shall be the minimum acceptable off-site solid waste disposal option. The Contractor shall verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate.

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3.5.2 Chemicals and Chemical Wastes

Chemicals shall be dispensed ensuring no spillage to the ground or water.

Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes shall be classified, managed, stored, and disposed in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261 , or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178 . The Contractor shall, at a minimum, manage and store hazardous waste in compliance with 40 CFR 262 . The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures such as berming or other appropriate measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178 , State, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste off the construction site in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

3.5.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, regional, and local laws and regulations. Used lubricants and used oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279 , State, and local laws and regulations.

3.5.5 Waste Water

Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. shall not be allowed to enter water ways.

3.6 RECYCLING AND WASTE MINIMIZATION

Participate in State and local government sponsored recycling programs.

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3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

Existing historical, archaeological, and cultural resources within the Contractor's work area are shown on the drawings, or will be designated by the Contracting Officer, if any have been identified. The Contractor shall protect these resources and shall be responsible for their preservation during the life of the Contract. If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources shall be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts;

shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, the Contractor shall immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.8 BIOLOGICAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, regional, and local laws and regulations.

3.9 PESTICIDES

3.9.1 Pesticide Delivery and Storage

Deliver pesticides to the site in the original, unopened containers bearing legible labels indicating the EPA registration number and the manufacturer's registered uses. Store pesticides according to manufacturer's instructions and under lock and key when unattended.

3.9.2 Qualifications

The applicator shall be certified in the state where the work is to be performed.

3.9.3 Pesticide Handling Requirements

Formulate, treat with, and dispose of pesticides and associated containers in accordance with label directions and shall use the clothing and personal protective equipment specified on the labeling for use during all phases of the application. Material Safety Data Sheets (MSDS)shall be available for all pesticide products.

3.9.4 Application

Pesticides shall be applied by a State Certified Pesticide Applicator in accordance with EPA label restrictions and recommendation. The Certified Applicator shall wear clothing and personal protective equipment as specified on the pesticide label. Water used for formulating shall only

Jun 02, 2022 SECTION 01 57 20.00 13 Page 95 95 come from locations designated by the Contracting Officer. The Contractor shall not allow the equipment to overflow. Prior to application of pesticide, all equipment shall be inspected for leaks, clogging, wear, or damage and shall be repaired prior to being used.

3.10 INVASIVE SPECIES PREVENTION

The Contractor shall clean each previously used piece of construction equipment and watercraft, unless specified otherwise, prior to bringing it onto the project site and prior to removing it from the site to prevent the spread of invasive species. The Contractor shall ensure that the equipment and watercraft is free from soil residuals, egg deposits from plant pests, noxious weeds, plant seeds, aquatic plants and animals (including zebra mussels), and residual water. Cleaning of equipment and watercraft shall be in accordance with the Environmental Protection Plan.

If construction equipment or watercraft brought to the project site is found to be contaminated with invasive species, despite implementation of the Best Management Practices, the Contractor shall not use the construction equipment or watercraft in its present state. Any contaminated construction equipment or watercraft in water shall immediately be placed on dry land. The Contractor shall follow decontamination protocols as identified in the environmental protection plan. Contaminated equipment shall be decontaminated on site if there is an area that meets decontamination protocols. If this is not possible, the equipment shall be quarantined on site until a decontamination plan is approved by the Contracting Officer. Such equipment shall not be used on site until all invasives have been removed and documentation verifying the results of the cleaning is provided.

3.11 MAINTENANCE OF POLLUTION CONTROL FACILITIES AND DEVICES

Maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.12 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. Conduct environmental protection/pollution control meetings for all Contractor personnel prior to commencing construction activities. Additional meetings shall be conducted for new personnel and when site conditions change. The training and meeting agenda shall include: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants;

recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area.

3.13 POST CONSTRUCTION CLEANUP

Clean up all areas used for construction in accordance with Contract Clause 52.236-12 CLEANING UP. The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or

Jun 02, 2022 SECTION 01 57 20.00 13 Page 96 96 waste materials, and other vestiges of construction prior to final acceptance of the work.

-- End of Section --

Jun 02, 2022 SECTION 01 57 20.00 13 Page 97 97

Best Practices for Preventing the Spread of Aquatic Invasive Species

All equipment1 being transported on roads or placed in Waters of the State shall be free of prohibited and regulated invasive species and unlisted non-native species (any other species not native to Minnesota)

1. Project plans or documents should identify Designated Infested Waters2 located in or near the project area.

2. Prior to transportation along roads into or out of any worksite, or between water bodies within a project area, all equipment must be free of any aquatic plants, water, and prohibited invasive species.

A. Drain all water from equipment where water may be trapped, such as tanks, pumps, hoses, silt curtains, and water-retaining components of boats/barges (see Figures 5 & 6) AND

B. Remove all visible aquatic remnants (plants, seeds and animals). Removal of mud & soil is not required at all sites, though is encouraged as a Best Practice. Removal of mud and soil may be required on sites designated as infested (see #4).

3. Prior to placing equipment into any waters, all equipment must be free of aquatic plants and non-native animals.

4. Additional measures are required on Designated Infested Waters to remove and kill prohibited species such as zebra mussels, quagga mussels, New Zealand mudsnails, faucet snails, or spiny waterfleas.

Note: The DNR is available to train site inspectors and/or assist in these inspections. Contact the appropriate Regional Invasive Species Specialist:

www.mndnr.gov/invasives/ais/contacts.html A. For day use equipment (in contact with the water for 24 hours or less);

Perform #2 above or, B. For in-water exposure greater than 24 hours: Perform #2 above, and inspect all equipment for the prohibited invasive species present (see Figure 1).

Then choose one of the following three: on-site treatment, off-site treatment, or customized alternative.

On-Site Treatment Remove by handscraping or powerwashing (minimum 3000 psi) all accessible areas (Figures 1 and 2) AND Kill Prohibited Aquatic Invasive Species in non-accessible areas using one or more of the following four techniques:

• Hot Water (minimum 140°F) for ten seconds (Figure 2) for zebra mussels, quagga mussels, New Zealand mudsnails, faucet snails OR

• Air Dry (Figures 3 & 4) Spiny waterfleas – air dry for a minimum of 2 days New Zealand mudsnails – air dry for a minimum of 7 days zebra or quagga mussels, faucet snails – air dry for a minimum of 21 days OR

• Freezing Temperatures zebra mussels - expose to continuous temperature below 32°F for 2 days OR

• Crush Crush rock, concrete, or other debris by running it through a crushing plant to kill prohibited species

Off-Site Treatment Under certain conditions, the DNR will allow transportation of equipment off-site after partial removal of prohibited species (for example, after “removal” has been done and equipment will be taken to a facility to complete final treatment [i.e., “kill”]) This is a ‘one-way pass’ to allow transport to a storage area or disposal facility. This option can only be utilized if the receiving site is at least 300 feet from riparian areas, wetlands, ditches, stormwater inlets or treatment facilities, seasonally-flooded areas, or other waters of the state. To be allowed to use the off-site treatment option you must do the following:

• Read, complete, and comply with the appropriate authorization form for transportation of Prohibited Invasive Species at www.mndnr.gov/invasives/ais_transport.html (Note that a completed form is required to be in every vehicle that is trans-porting equipment containing infested species) AND

• Complete on-site treatment described in 4B above prior to re-use in or adjacent to water.

Best Practices for Preventing the Spread of Aquatic Invasive Species, April 2013 Page 1 of 2

Figure 1. Invasive species may not be readily visible on equipment. Some species are less than 1/4 inch in size.

Photo credit: Brent Wilber, Lunda Construction

Figure 2. Removal of aquatic remnants is required before transporting.

Photo credit: Peter Leete, DNR

Best Practices for Preventing the Spread of Aquatic Invasive Species

Contact a DNR Invasive Species Specialist for authorization of a customized alternative

There may be situations due to time of year, length of exposure, type of equipment, or site conditions that a DNR Invasive Species Specialist could approve alternative methods or requirements for treatment. Contact the appropriate Regional Invasive Species Specialist:

www.mndnr.gov/invasives/contacts.html

5. Temporary appropriations of water from Designated Invested Waters to utilize elsewhere (such as for dust control, landscaping, bridge washing, etc.) is not allowed except by permit, thus should be avoided.

If use of Designated Infested Waters is unavoidable, permit information is located at www.mndnr.gov/waters/watermgmt_section/appropriations/permits.html

Document Information www.mndnr.gov/waters/watermgmt_section/pwpermits/gp_2004_0001_manual.html Best Practices for Meeting DNR GP 2004-0001 (published 5/11, updated 12/12) – Chapter 1/Page 8 More on the DNR Invasives Species Program can be found at: www.mndnr.gov/AIS

1 ‘Equipment’ is defined as any implement utilized in construction. This includes boats, barges, heavy machinery, light machinery, or other material that may be moved on-site or off-site, including but not limited to rock (riprap) or timber for temporary workpads, backhoes, pumps, hoses, worksite isolation materials (eg, sheet pile or jersey barriers), boats, barges, temporary staging materials, erosion prevention products, sediment control products (eg, silt curtain), water trucks that take water from open bodies of water (eg, dust control), or dewatering components.

2 List of Designated Infested Waters: http://files.dnr.state.mn.us/eco/invasives/infested_waters.pdf

DNR Contact Information

DNR Ecological and Water Resources lists area office staff at www.mndnr.gov/waters

DNR Ecological and Water Resources 500 Lafayette Road, Box 32, St. Paul, MN 55155-4032, (651)259-5700 or 5100

DNR Ecological and Water Resources website provides information at www.mndnr.gov or by calling (651) 259-5700 or 5100.

DNR Information Center

Twin Cities: (651) 296-6157 Minnesota toll free: 1-888-646-6367 Telecommunication device for the deaf (TDD): (651) 296-5484 TDD toll free: 1-800-657-3929

Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available regardless of race, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age, or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the Interior, Washington, DC 20240.

This information is available in an alternative format on request

© 2013 State of Minnesota, Department of Natural Resources

Best Practices for Preventing the Spread of Aquatic Invasive Species, April 2013

Figure 3. Drying will also kill aquatic organisms. Lay out materials to dry in the proper time. Drying times vary by species. Inspect after drying period is over.

Photo credit: Dwayne Stenlund, MnDOT

Figure 4. Drying techniques must not trap water.

This equipment will not dry adequately.

Photo credit: Peter Leete, DNR

Figure 5. Pumping from designated infested waters for use elsewhere on the project is prohibited without a permit.

Photo credit: Peter Leete, DNR

Figure 6. Drain all water from equipment where water may be trapped. Remove drain plugs and drain hoses prior to transport.

Photo Credit: Peter Leete, DNR