OKC_PWS10-15-2012.doc

Table of Contents

PERFORMANCE WORK STATEMENT

1.0 REMOVAL

1.1 Pre Removal

1.1.1 PERMIT / SPECIAL REQUIREMENTS

1.1.2 SHIPPING DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 TRAILER SECURITY, PADLOCKS

1.1.5 HOURS OF OPERATION

1.1.6 PUBLIC AFFAIRS COORDINATION

1.2 Removal

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF PROPERTY

1.2.8 BULK LIQUID PUMPING

1.2.9 SMALL CONTAINERS AND CONTENTS

1.2.10 BULKING AND CONSOLIDATION

1.2.11 CHARGES FOR EXPEDITES

1.3 Post Removal

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL / RECYCLING

2.1 RCRA/NON-RCRA Items

2.1.1 DEFINITION OF RCRA vs NON-RCRA and FINAL

TREATMENT/DISPOSAL/RECYCLING

2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION

2.1.3 DETAILED ANALYSIS

2.1.4 ALTERNATE DOCUMENTATION OPTION FOR FUELS

BLENDING, ANTIFREEZE RECYCLING, BATTERY

RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT

TUBES AND HIGH INTENSITY DISCHARGE LAMPS

2.1.5 LIGHT WEIGHT WASTE

2.1.6 DISPOSAL FOR HIGH LEVEL MERCURY

2.1.7 EMPTY CONTAINERS

2.2 DISPOSAL OF POLYCHLORINATED BIPHENYLS (PCB), PCB

CONTAMINATED AND NON-PCB MATERIAL

2.3 COMPRESSED GAS CYLINDERS

2.3.1 EVALUATION/IDENTIFICATION OF CYLINDERS

2.3.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

2.3.3 RECONTAINERIZATION/REPLACEMENT OF VALVES

2.4 RECYCLING

2.4.1 RECYCLING/RE-USE/RECLAIM

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.5 DEMILITARIZATION VIA SERVICE CONTRACT

2.5.1 RESERVED

2.5.2 DEMILITARIZATION OF CHEMICAL DEFENSE EQUIPMENT

2.5.3 DEMILITARIZATION OF NUCLEAR BIOLOGICAL CHEMICAL

(NBC) EQUIPMENT, JEAP

2.5.4 RESERVED

2.5.5 BDU MANDATORY INCINERATION

2.5.6 ELECTRON TUBES

3.0 SPECIAL SERVICES

3.1 RESERVED

3.2 TANK/WASH RACK CLEANING

3.3PERFORM ANALYSIS

3.4 PREPARE WASTE PROFILE FORM

3.5 IDENTIFY UNKNOWN WASTE STREAMS AND PREPARE WASTE

PROFILE FORMS

3.6 PROVIDE STORAGE CONTAINERS AND RENTAL CHARGES

3.7 LABPACKING SERVICES

4.0 ACCEPTABLE PERFORMANCE LEVELS

5.0 USE OF FACILITIES AND TRANSPORTERS

5.1

QUALIFIED FACILITIES

5.2

QUALIFIED TRANSPORTERS

5.3

ADDITIONAL TSDFS AND TRANSPORTERS

6.0 ADDITIONAL REQUIREMENTS

6.1

INDEMNIFICATION

6.2

REPORTING REQUIREMENTS

6.3

PACKAGING, MARKING AND LABELING

6.4

PLACES OF GOVERNMENT INSPECTION

6.5

CONTRACTOR REPRESENTATIVE

6.6

CONTAINERS

6.7

INCIDENTAL FEES

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

8.1

SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE

FOR PAYMENT

8.1.1

ACCEPTANCE AND INVOICING

8.2

POST-PAYMENT TRACKING

8.3

REMEDIES FOR NON-COMPLIANCE

PERFORMANCE WORK STATEMENT

a. The Government agrees that all hazardous property placed on task order(s) on this contract will be accompanied by documentation and markings that comply with all applicable local, State, and Federal laws and regulations relating to the generation and storage of hazardous property.

b. The contractor agrees to provide all services necessary for the final treatment/disposal of the hazardous property listed in the schedule in accordance with all local, State, and Federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract and .3. All Contract Line Item Numbers (CLINs), regardless of their condition, are being discarded by the Government and are considered to be waste.

1.0 REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The contractor, and their subcontractors, must perform at all times in a prudent, conscientious, safe and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Handling and Personnel Protective Equipment (PPE) shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. When operating within an EPA or State permitted DOD Hazardous Waste (HW) treatment or storage facility, the contractor may be required to use forklifts. Contractor–operated forklifts must meet specifications listed in the applicable permit. The contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

1.1 PRE-REMOVAL

1.1.1 PERMIT / SPECIAL REQUIREMENTS

a. The contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the generator(s) of hazardous waste to sign and file with the applicable State regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by Treatment Storage Disposal Facilities. All contractor signed waste profile sheets shall be written for the actual wastestream using the generator’s profile for backup documentation. All generator forms or other means of notifications including correspondence with Federal or State agencies on behalf of a generator must be coordinated with and concurred with by the affected generator prior to submission to any Federal or State agency.

b. The contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc. provided by the Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, EMS policies, fork lift training.

C Any shipments outside the United States must comply with all international agreements and all applicable foreign laws. If the contractor will be exporting directly from the Department of Defense (DOD) activity, the contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the Contracting Officer Representative (COR) with the shipping documentation in accordance with 1.1.1.2. The contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions.

1.1.2 SHIPPING DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. The contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets required for acceptance of waste into a Qualified Facility, land disposal restriction notifications, and any other shipping documents. The contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate Government official at least five (5) business days prior to removal, except documentation submitted for expedited orders, which shall be in accordance with notification timeframes as listed elsewhere in this contract. Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests, or bills of lading, whichever is applicable, shall be furnished to the Disposition Services site coordinating the waste disposal. Each pickup manifest and bills of lading (i.e., with a Government activity identified as a generator), as well as all other documentation required herein, shall be clearly and distinctly marked with the name of the servicing Disposition Services site in addition to the generators and the contract and task order number, as applicable. Emergency response information and twenty-four hour emergency phone numbers shall be listed on the manifest as well as bills of lading. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document.

b. The Disposition Services created dummy EPA number for non-RCRA TSDF, must be entered on all applicable shipping documentation such as nonhazardous waste manifests and bills of lading. Also, include Disposition Services created dummy EPA number on HQ Disposition Services Form 1683, Manifest Tracking Log.

c. The contractor shall perform all dry weight computations for those hazardous wastes destined for land disposal in Texas and shall provide all such computations to the COR for record keeping purposes. This computation shall be furnished along with the copy of the generator manifest.

1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the contractor shall notify the COR for each location, at least five (5) business days BEFORE attempting site visits, analysis or pickups.

(1) In addition to the notification above for pickups, the contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number and its expiration date to the COR or other Government representative at least 24-hours prior to removal. The contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24-hours in advance for the specific Task Order; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the prime contractor before the pickup commences. This may require a written notice or fax from the prime contractor.

b. For Task Orders (TO) containing Expedited Removals, Services or Performance CLINs the contractor shall notify the COR or other Government representative for each location, in the following timeframes BEFORE attempting site visits, analysis, or pickups: 15-10 day expedites – at least 3 calendar days; 9-5 day expedites – at least 2 calendar days; and 4 days or less expedites – at least 1 calendar day. In addition, the contractor is still required to provide the information identified in paragraph (1) above at least 24-hours prior to removal. If applicable, any removals ordered under a 24-hour or one business day expedited CLIN requires the contractor to provide the information identified in paragraph (1) at least 4 hours prior to pickups if the contractor elects to provide the identity of the driver for each specific TO. If the contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated elsewhere within this section apply to any of the aforementioned Expedited Removals, Services or Performance CLINs.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All contractor trailers and tankers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers and tankers capable of being padlocked must also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative.

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.1.5 HOURS OF OPERATION

a. The contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during normal hours of operations for the installation. The normal hours of operations for installations on this contract are available, upon request, from the COR.

b. Known deviations from normal hours of operation are:

McAlester Army Ammunition Plant: Monday – Thursday 6:00am – 4:30pm

1.1.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting officer. Under no circumstances shall any statement be released to the news media directly by the Contractor or any of the employees of the contractor.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

a. The contractor is solely responsible for cleanup of any and all spills or leaks during the performance of this contract that occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors to the satisfaction of the Government and at no cost to the Government.

b. The contractor shall report all such spills or leaks, regardless of their quantity, to the CO immediately upon discovery. A written follow-up report shall be submitted to the CO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of item spilled (including identity, quantity, manifest no., etc).

(2) Whether amount spilled is EPA/State reportable, and if so whether it was reported.

(3) Exact time and location of spill including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications contractor has with press or Government officials other than the CO.

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial TSDF is reached. The items must be so marked, that they are readily identified to this contract throughout this period.

1.2.3 STATEMENT ON CONTAINERS

a. The Government does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations for removal from the pickup site. The offeror is cautioned to ascertain and assess the need for overpacking or recontainerizing based on the site visit. The Government will not provide repackaging materials. The contractor will not be reimbursed separately for repackaging expenses and should include these charges in their disposal pricing.

b. When overpacking of containers is required the contractor will use appropriate equipment to place the container into the outside/overpack container. The inner container shall be kept in an upright position. Overpack containers used for liquids will be marked with directional arrows indicating the upright position of the inner container.

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

The contractor understands that the Government shall not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government owned loading equipment (section 1.2.6), and Government owned scales (section 1.2.7), and where applicable, management services.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable local, State, and Federal (including 40 CFR 260.10) laws and regulations.

b. The contractor shall not drain and/or flush PCB items at Government installations. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gas (other than inert) to the atmosphere on Government premises is not permitted by this contract. The contractor may perform gas extraction for other than inert gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

The contractor is responsible for loading, including furnishing all the equipment necessary for loading. Unless otherwise specified, the Government will not load at any location, nor will loading be performed on Saturdays, Sundays, Federal holidays, or any day that the installation is closed. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the contractor and the initial placement on the contractor's conveyance shall be as determined by the Government. Unless otherwise provided in the contract, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor.

The Government will assist loading the following containers at the following sites:

Ft. Chaffee, AF Army Natl. Grd.

Drums only

OK USP&FO, Norman, OK

Vance AFB, Bldg 250 Drums only

McAlester AAP, Bldg 41LC103

Texarkana, TX, Bldg 119

1.2.7 WEIGHING OF PROPERTY

The contractor shall weigh all property before removal. An authorized Government representative will witness all weighing that occurs on site. The weight, agreed upon by both the contractor and the Government representative at the time of removal, will be the basis for payment to the contractor. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the contractor.

a. Bulk Items

(1) Bulk items will be measured by one of the following methods. The method used will be whichever is most accurate and agreed upon by the contractor and the Government representative:

(i) Actual weight using Government scales.

(ii) Actual weight using commercial scales.

(iii) Calculated weight. As an alternative to actual weighing, the weight of bulk shipments may be computed, provided that the specific gravity of the material is known and the volume actually picked up is determined. For example, 2,000 gallons of liquid with a specific gravity of 1.4 = calculated weight of 23,344 pounds. (2,000 x 1.4 x 8.337, where one gallon of water weighs 8.337 pounds). Specific gravity will be obtained from a waste profile sheet.

(2) For either "actual weight" method, the vehicle will be weighed both before and after loading. For bulk shipments, where Government scales are not available or operable, the use of commercial scales is authorized. The contractor will arrange for and incur all expenses of weighing property at the nearest certified public scale.

b. Non-bulk Items

(1) For non-bulk items, the contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of 1,500 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

(2) Prior to the use of portable scales at each pickup site, the contractor must demonstrate reasonable weight accuracy to the Government representative. Only materials to be removed by the contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the contractor will not be included in the weight.

(3) Government scales may be used, in lieu of scales provided by the contractor, only where they are available, operable, and authorized by the Government representative. The contractor shall be responsible for determining the availability of Government scales. The Government makes no guarantee that where Government scales are available, they are operable. At the Government's option, the use of Government scales will be allowed at the following sites:

(4) The use of commercial scales is not authorized for non-bulk items.

1.2.8 BULK LIQUID PUMPING

a. When bulk liquid pumping is ordered, it may be necessary for the contractor to pump waste from tanks. The contractor is responsible to furnish all equipment needed to complete this job, including but not limited to, collection vehicle equipped with pumps, hoses, high capacity pumps, connectors/fittings, and a metering device. Pumps and hoses shall have a capacity to safely handle the types of waste to be collected, and be able to remove all liquids and sludges from tanks that can be removed without agitation or introduction of other materials to the tank.

b. The actual weight of the material picked up must be identified on the manifest. Bulk liquid disposal may be ordered from any location in or around pickup points, in addition to the known sites identified below:

1.2.9 SMALL CONTAINERS AND CONTENTS

a. Services for the removal, transportation, storage, and disposal of small container(s) of RCRA/State regulated hazardous or non-hazardous property will be ordered using CLINs with a “1” in the fourth position, e.g., 9101, 9401. Unless specifically excluded below, small containers are any receptacle containing hazardous or non-hazardous property that has a capacity of less than five (5) gallons.

b. Small containers are not:

(1) Individual sealed articles that are formed to a specific shape or design during manufacture that have an end-use or function dependent in whole or in part upon the shape or design during use. (Examples of such items include, but are not limited to, fuel filters, oil filters, gas mask canisters, chemical defense equipment kits, and factory sealed containers that contain a small container (e.g., epoxy paint).

(2) RCRA empty containers of any size (which may or may not be crushed to reduce their volume). Examples of such items are empty oil cans, paint cans, etc.

c. In those instances where containers of hazardous property are placed into a larger outer container and the interior packaging is either all small containers as defined above, or a mix of different sizes, some being small containers as defined above, then the entire item (interior packaging and its outer container) shall be assigned to the appropriate small container CLIN.

d. The contractor shall accept the Government's CLIN assignment as a non-small container item unless the contractor demonstrates to the COR prior to removal from the Government facility that the item(s) does meet the definition of a small container.

e. If the contractor discovers a small container(s) packaged with other items not classified as small containers, the Government reserves the right to:

(1) Assign all the property, including the larger outer container, under the appropriate small container CLIN; or,

(2) Remove the small containers of hazardous property from the larger outer container, delete the small container items’ weight from the task order, and reduce the containerized CLINs weight appropriately; or,

(3) Remove the small containers of hazardous property from the larger outer container, reCLIN the small container items separately as small containers on the same task order, and reduce the containerized CLINs weight appropriately.

f. If the contractor elects to package EPA/DOT compatible items in the same container in order to facilitate recycling/disposal, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list must be attached to the manifest. Contractor furnished overpack containers and packing materials will not be included in the total weight calculations for payment purposes.

1.2.10 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of pumping from an otherwise removable container(s) into a tank truck. Containerized waste may be pumped into a tank truck (bulking) only at the locations listed herein:

2515 Ringgold Rd.

Ft. Sill

Altus AFB

McAlester AAP

b. Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. Wastes may be consolidated only at the locations listed herein:

Ft. Chaffee, AR Army Natl. Grd

Altus AFB

Vance AFB

McAlester AAP

Tinker AFB

c. Bulking and consolidation will be allowed only if the contractor has a spill contingency plan and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise

1.2.11 CHARGES FOR EXPEDITES – CLINs 6331-6344

a. When the expedited removal CLINs are ordered, waste must be removed within the specified calendar day timeframe. Expedited removal CLINs may be ordered in association with any disposal CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard removal timeframe as specified in F.3. Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 6330-35 will be ordered based on the amount of waste to be removed. One (1) each will be ordered for containerized (non-bulk) waste up to 15,000 pounds in total weight and a maximum of up to eight (8) different TO lines. For bulk removals, one (1) each CLIN 6330-35 is limited to one (1) TO line not to exceed 40,000 pounds in total weight.

Paperwork for all (non-bulk) expedited removals must be provided to the COR one (1) day prior to removal for all expedited CLINs. Additional days will be added on for each additional expedited clin up to five (5) days. For example: three (3) expedited CLINs on one task order will require paperwork to be furnished to the COR three (3) days prior to shipment.

Paperwork for all (bulk) expedited removals must be provided to the COR one (1) day prior to removal for all expedited CLINs.

b. When the expedited performance CLINs are ordered, performance must be accomplished within the specified calendar day timeframe. Expedited service CLINs may be ordered in association with any service CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard performance timeframe as specified in Section F.3. Minimum TO charges will not apply to a TO containing an expedited service CLIN. When expedited service is required, CLIN 6340-45 will be ordered based on the amount of service to be performed. One (1) each of CLIN 6340-45 will be ordered for up to five (5) Special Service TO lines. Ordering of an expedited CLIN is further limited to one (1) each, expedited CLIN, per pick-up location including the surrounding area (i.e. all pick up sites on an installation).

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. In addition to the Federal manifest requirements for return of signed manifests to the generator, the contractor shall furnish a copy of each manifest, signed by the designated TSDF, to the Disposition Services site coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDF within 30 days after the initial pickup date, the contractor shall notify the Disposition Services site of the physical location of the waste. If applicable, the contractor shall provide the manifest with additional transporter signatures, as well.

b. If the contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest in accordance with 40 CFR Part 263.21(a), the cognizant COR/generator will be contacted for disposition instructions per 40 CFR Part 263.21(b). If the manifest is not returned within 40 days, the contractor shall prepare the exception report and provide to the generator for submittal to the State before 45 days expires. Failure of any part of this section will be marked in the APLs, and appropriate action taken as determined by the contracting officer.

c. The contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

2.0 DISPOSAL / RECYCLING

This subsection covers requirements for disposal/recycling of RCRA/Non-RCRA items in general, disposal of specialized commodities such as Compressed Gas Cylinders (CGCs) and Polychlorinated Biphenyls (PCBs), and recycling of various mandatory recyclable items.

2.1 RCRA/NON-RCRA ITEMS

2.1.1 DEFINITION OF RCRA vs NON-RCRA and FINAL TREATMENT/DISPOSAL/RECYCLING

a. Items identified under CLINs 9100 through 9899 have been declared hazardous waste by the Government and are subject to stricter disposal requirements than CLINs 9900 through 9999. Any items identified under CLINs 9801 through 9899 are State regulated hazardous waste only and are not considered a RCRA waste.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a CLIN(s) identified under CLINs 9100 through 9899 is not a RCRA/state regulated hazardous waste, the Government may so reclassify the item and place it under CLINs 9900 through 9999. The Government will review the lab analysis and other supporting documentation in a reasonable time period, not to exceed 21 days; however, the items in question will be treated as a hazardous waste in the interim and removal timeframes must be met.

NOTE: Laboratories performing testing related to this contract shall use EPA protocol (SW-846) whenever possible or applicable.

(2) For CLINs 9100 through 9899, the following does not constitute final treatment/disposal:

(a) Declaring RCRA/State regulated hazardous waste CLINs as RCRA-exempt as a result of management practices specified in 40 CFR 266 and 279;

(b) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 et. seq. All facilities used for interim treatment, final treatment or final disposal of items on this contract must comply with 40 CFR 261, subparts C and D, for each waste the facility is permitted to handle. An audit trail must be provided for all RCRA/State regulated hazardous waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. Waste handling codes that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract.

b. Universal Wastes (RCRA or State Regulated Universal Waste) are identified under CLIN series 9800. RCRA, Universal Waste includes batteries, some pesticides, lamps, and mercury thermostats as defined under Part 273. It may also include State-designated universal wastes, such as electronic devices, certain batteries, lamps, mercury containing equipment, CRTs, CRT Glass, and non-empty aerosol cans. The regulations allow the generator to make the determination about whether to handle these specific wastes as UW or as hazardous waste under other parts of RCRA. The contractor will be advised on the TO if the wastes are to be handled as UW. The appropriate shipping document for Universal Waste is a Bill of Lading. If the generator chooses to use a hazardous waste manifest for a universal waste shipment(s), then item counts of the waste will be supplied in Item 14.

c. CLINs 9900 through 9999 are waste not regulated by RCRA (Subtitle C) nor regulated by the State of generation as hazardous waste and will be subject to less stringent requirements than CLINs 9100 through 9899.

(1) If the contractor demonstrates through lab analysis (see Note in 2.1.1a. (1) above) and/or other supporting documentation that a CLIN(s) identified under CLINs 9900 through 9999 is a RCRA/State regulated hazardous waste, the Government may reclassify the item under CLINs 9100 through 9899. The contractor's claim that a CLIN identified under CLINs 9900 through 9999 is actually a hazardous waste, which should be identified under CLINs 9100 through 9899, shall be treated as potential misidentification by the Government. The CLIN(s) in question shall not be removed, treated or disposed of until the Government has made a determination on the matter. Reclassification of items from CLINs 9100 through 9899 to CLINs 9900 through 9999, or from CLINs 9900 through 9999 to CLINs 9100 through 9899 shall fall under the "Changes" section of this contract.

(2) Final treatment means processing at a facility that is appropriately licensed/permitted by Federal, State, or local agency to accept the material. If long-term internment is the selected method of disposal, as a minimum, an EPA/State permitted facility with a textile liner, leachate collection system, and ground water monitoring must be used. An audit trail must be provided for all non-RCRA/non-State regulated hazardous waste until final disposal is accomplished. RCRA treatments, Chemical Fixation (H111) and Encapsulation (H112), when performed on CLINs 9900 through 9999 prior to landfill, are considered final processing/final disposal.

d. The following coverage applies when the contractor alleges that a waste designated for recycling cannot by recycled:

(1) If a waste designated for recycling by the generator does not meet the facilities required recycling parameters, the contractor must notify the CO, in writing at least five (5) business days, before pickup, of the rationale and proof for waste rejection. This must include written input from at least three appropriate recycling facilities approved on the Disposition Services Qualified Facilities List, at least one of which is not owned by the contractor.

(2) The CO will notify the cognizant Disposition Services site and/or generator personnel to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the Government’s. If the Disposition Services site and/or generator personnel agree with the CLIN change the applicable disposal CLIN will be assigned.

2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs) – CLIN 6503

The contractor shall obtain and provide necessary documentation to prove that final disposal of CLINs 9100 - 9899 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the manifest or shipping paper with a copy to the Disposition Services site /COR. CDs require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after disposal occurs. CLIN 6503 shall be ordered one (1) each for every CD desired per task order line item.

2.1.3 DETAILED ANALYSIS

If the contractor must perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples. Laboratories performing testing related to this contract shall use EPA protocol (SW-846) whenever possible or applicable.

2.1.4 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

a. Contingent upon approval from Disposition Services, the contractor may utilize a plan for fuels blending, antifreeze recycling, battery recycling/reclamation, and/or fluorescent light tubes and high intensity discharge lamps as a method to alleviate the additional burden of providing documentation past the initial treatment facility. Contractors must submit a plan to Disposition Services via the Contracting Officer (CO) that includes, at a minimum, certification signed by a responsible official of the facility, which follows the specific guidelines set forth in paragraphs (1), (2), (3), and (4) below, additionally the facility and all subsequent facilities must appear on the “Qualified Facilities” list on our web site: (http://www.dispositionservices.dla.mil/newenv/hwdisposal.shtml).

b. Upon Contracting Officer approval, the plan(s) will remain valid for the life of the contract, providing the facilities remain on the Disposition Services Qualified Listing. Disposition Services will certify acceptance of disposal services only after acceptance of the blender’s or recycler’s certification and manifested receipt by the fuels blending or recycler facility. Any inconsistency between this provision and section 2.1.1 shall be resolved by giving precedence to this provision.

c. The below guidelines must be followed for each commodity specific plan:

1. Fuels Blending: Fuels blending does not apply to blending for destructive incineration. In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the fuel blending tank farm is sixty (60) days or less and guarantee that the fuel blended product will not remain in storage longer than the certified processing time, and

- Identifies by name, address and EPA ID number all facilities which may receive the fuel blended products for energy recovery, and may receive the incidental solids, still bottoms, and/or sludges remaining after fuels blending which require destructive incineration per 40 CFR

264 and 265 subpart O.

2. Antifreeze Recycling: In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the storage/consolidation facility is sixty (60) days or less and guarantee that the product will not remain in storage longer than the certified processing time. If time exceeds this value, the firm will provide detailed rationale to Disposition Services, and may receive the fuel blended products for energy recovery, and may receive the incidental solids, still bottoms, and/or sludges remaining after distillation/recycling treatments which require disposal in a RCRA

TSDF.

3. Battery Recycling/Reclamation: In addition to the guidelines in paragraphs (a) and

(b), the plan must certify the following:

- Describes the procedure for the disposition/sale of the RCRA recovered products (e.g., lead nickel, cadmium, zinc, and lithium), and

- Describes the treatment/disposition methods for liquids in wet-filled batteries, and

- Identifies by name, address and EPA Id number, and all facilities, which may receive the various components, and

- Guarantees the recovered product will not be shipped outside the United States, without prior authorization of the CO. If shipped outside the U.S., list all countries that may receive the recovered product. If the components are shipped outside the U.S., that a copy of the notification of intent to export and the EPA Acknowledgment of Consent will be provided with the certificate of recycling.

4. Fluorescent Light Tubes and high-Intensity Discharge Lights: In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing and storage time that the items (mercury, phosphor powder) will be held until final recycling occurs. Name, address and EPA number of all such processing/storage facilities must be provided.

- Identifies by name, address and EPA number all facilities, which will receive the mercury and phosphor powder for final recycling activities.

- Specifies that the items mentioned in the appropriate section(s) will be processed as required and the names and addresses of the companies performing these activities will be provided.

- Firms that receive the glass and other non-regulated items do not need to be listed on the Disposition Services Qualified TSDF Listing.

d. Should a facility on a plan be removed from the Disposition Services Qualified Listing, the plan will become invalid and no longer become available for use. Replacement facilities or new facilities should be submitted on a new plan and submitted for approval to Disposition Services via the CO.

2.1.5 LIGHT WEIGHT WASTE

The Government anticipates shipping bulk items of various sizes and densities, both RCRA and non-RCRA. This may include, but is not limited to construction and demolition materials, rags, paper, plastic, etc.

2.1.5.1 LIGHT WEIGHT BULK SHIPMENTS (DEBRIS)- CLINs 9407DB & 9907DB

a. For contract purposes, debris CLINs are any bulk wastes weighing less than three hundred (300) pounds per cubic yard and will be suffixed with DB. Due to the difficulty involved in estimating the weight of bulk items, if the wrong CLIN is ordered on the Task Order the COR shall contact the Contracting Officer for a CLIN change prior to removal. Calculations of the weight per cubic yard will be arrived at using the requirements per section 1.2.7 or by using the following formula: Net Weight of waste divided by Total Cubic Yards of Container.

Net Weight of Waste (Total weight minus container weight)

Size of Container in Cubic Yards

b. Bulk items not meeting the definition of debris above shall be ordered under the standard (non-suffixed) bulk solid CLINs.

2.1.6 DISPOSAL FOR HIGH LEVEL MERCURY – CLIN 6500MM

Hazardous wastes that exhibit the characteristic of toxicity for mercury (greater than 0.2 mg/L mercury after TCLP) and greater than, or equal to, 260 mg/kg shall be ordered with the unit of issue being pounds, in an equal number of pounds to that of the disposal CLIN when the Government orders disposal of waste contaminated with high-level mercury. This CLIN shall be ordered as a surcharge in conjunction with the disposal CLIN. CLIN 6500MM does not apply to disposal CLINs suffixed with an M in the fifth or sixth position or CLIN 9800UC.

2.1.7 EMPTY CONTAINERS

Prior to reuse or sale of empty containers, the contractor shall comply with the empty container requirements of RCRA and the applicable State hazardous waste regulating agency, the empty packaging and other shipping requirements of DOT, and obliterate all markings and labels. The contractor shall be exempt from the requirement to obliterate markings and labels only if the containers are crushed and sent to a scrap operation, crushed and sent to a landfill, or the containers are physically disposed of concurrently with their contents (i.e., incineration/landfill).

2.2 DISPOSAL OF POLYCHOLORINATED BIPHENYLS (PCB), PCB CONTAMINATED AND NON-PCB MATERIAL

All PCB, PCB contaminated and non-PCB material under this contract shall be transported and disposed of within the continental United States (except for such outside transportation and disposal as would be required for all pickup sites located outside the continental United States). For purposes of this contract, all PCB, PCB contaminated and non-PCB material will be disposed of in accordance with paragraphs (a) and (b) below.

a. DISPOSAL METHODS: The contractor shall dispose of all items in a manner which is in conformity with 40 CFR 761.60 and its referenced parts, except for those methods in said regulation which would result in use, reuse or recycling of the contract property and items requiring demilitarization by burial, as discussed below. The contractor shall provide a complete audit trail of those CLINs being recycled or disposed of. The contractor is to provide a complete list of facilities performing detoxification and disposal, as well as those facilities receiving the recycled materials/metals. Letters of Agreement must indicate the recipient of the recycled materials has a total knowledge of the material being accepted, i.e., the material has been recycled for PCB laden items, articles, transformers, capacitors, etc.. All rinsate (from containers) is to be collected, detoxified, incinerated or landfilled. Containers which cannot be recycled are to be triple rinsed and either landfilled or incinerated in a facility approved for PCB disposal.

Facilities approved by the EPA to distill/detoxify, requires the contractor to document this fact and obtain Disposition Services approval prior to the initiation of either of these processes.

Certificates of Disposal/Destruction for PCB bearing property shall be provided to the Disposition Services site /COR and the activity as listed in BLOCK 5 of the Hazardous Waste Manifest from the prime contractor, within 30 days from date of PCB destruction. The prime contractor shall return Certificates of Disposal/Destruction for all items listed on the original manifest, this includes items sent to subcontractors for destruction and/or recycling (see below). This is in addition to the requirements of.3.

b. ALTERNATE DISPOSAL METHOD:

(1) "Total Destruction" may be utilized for the disposal of all PCB materials when the disposal facility has the necessary local, State, and Federal environmental licenses and is an environmentally responsible and permitted recovery center.

(2) Contractors choosing to dispose of all materials by "total destruction" shall:

(i) Dismantle all transformers and items for separation into components.

(ii) Incinerate all liquids and all non-metallic solids in accordance with 40 CFR

761.70.

(iii) Complete secondary cleaning of all metals for removal of PCBs prior to smelting for recycling.

c. Disposition Services reserves the right to inspect facility processes for the alternate disposal method prior to their approval.

d. CERTIFICATE OF RECYCLING:

For items that are recycled, either by ordered CLIN or by choice of the contractor, a Certificate of Recycling will be issued to the agency listed in BLOCK 5 of the Hazardous Waste Manifest with a copy to the Disposition Services site /COR, as well as accompany the invoice for payment if required in 3. Certificates of Recycling will list the entire audit trail of the material being recycled. This will include the facility receiving the detoxified liquids (mineral oil), and /or the facility receiving any metals, or other matter derived from the breakdown of any CLINs.

e. CERTIFICATE OF DISPOSAL:

A Certificate of Disposal must be returned to the generator and Disposition Services site /COR and accompany the documentation stated in 3 listing all management method codes (e.g. H040). Should any recycled CLINs require its by-product to either be incinerated or landfilled, a Certificate of Disposal must accompany the Certificate of Recycling. For example; if 10,000 gallons of PCB liquid is dechlorinated, and 10 pounds of residue remains as a product, a Certificate of Recycling will be issued for the liquid, and a Certificate of Disposal for the 10 pounds of product residue.

f. When PCBs and containers show nine (9) months have elapsed between the out-of-service date and the delivery order issue date CLIN 7990 should be ordered. This CLIN will be ordered in conjunction with the appropriate disposal CLIN at a rate of one (1) pound for each one (1) pound of disposal CLIN. To qualify for payment of the surcharge, the contractor must ensure that the PCBs are disposed of prior to the one-year anniversary of the out-of-service date or the surcharge will not be valid.

2.3 COMPRESSED GAS CYLINDERS

a. The contractor shall provide all services necessary for the assessment of all gas cylinders, the discharge of inert gases, the final treatment/disposal or recycling of the non-inert gases, and the decommissioning, cleansing and recycling of metal from emptied cylinders. Cylinder disposal shall result in the destruction of the cylinder, such that it can no longer be used as a cylinder.

b. When the Government has information identifying contents, it is provided for information purposes only and is not a guarantee of the cylinder contents. A listed content does not relieve the contractor from the responsibility to ensure that the contents are correctly identified. The contractor is authorized to re-valve cylinders in order to discharge gases or transport off-site as appropriate.

c. The contractor shall not remove any gas cylinders whose contents cannot be identified/confirmed or when no known disposal method is available. Sampling of contents for identification purposes only is authorized. The contractor is required to provide the COR written explanation for refusing any cylinders for processing (see Attachment XIII). Refused cylinders must be identified by serial number of other identifiable markings or by a contractor/COR assigned identification number. This number must be identified in the written explanation refusal.

d. The contractor is required to discharge, recycle, or dispose of the gas in accordance with DLAI 4145.25. (example: the contractor will recycle and not dispose of the gas if required per DLAI 4145.25) The contractor shall complete a certificate of disposal or a certificate of recycling for all gases and empty cylinders and furnish them as appropriate under Section 8.0 and to the generator with a copy to the Disposition Services site /COR.

e. The contractor is solely responsible for any and all atmospheric releases of gas occurring during or resulting from performance of this contract. The contractor agrees to reimburse the U.S. Government any and all costs incurred for accidents resulting from improper handling, gas extraction, grinding, drilling, torching, etc. of any cylinders.

f. The contractor is to complete the Compressed Gas Cylinder report for each…