Att_0008_-_Environmental_PWS_-_FINAL_2017-07-27.pdf

ENVIRONMENTAL

PERFORMANCE WORK STATEMENT (PWS)

(INDIRECT)

1. GENERAL:

1.1 The contractor shall conduct an environmental program which shall include establishing, maintaining, and implementing policies, objectives, priorities, and operating procedures. The contractor shall assign appropriately trained and certified personnel, and establish and maintain a viable environmental program that ensures that all operations and plant activities, including those of its subcontractors comply with all applicable Federal, Commonwealth, Army Regulation (AR) 200-1, Title 32 Code of Federal Regulations (CFR) 651, AMC National Environmental Policy Act Policy, and local environmental laws, regulations and Presidential Executive Orders (EOs), including but not limited to, 11514, 11593, 12088, 12580, 13221, 13287, and 13693.

1.2 Should the contractor and Government staff disagree on the interpretation of a law, regulation or executive order, a decision shall be obtained from the regulatory body responsible for that particular requirement.

1.3 With regards to Armament Retooling and Manufacturing Support (ARMS) and 3rd party agreements, the contractor shall complete and provide to the Government, an accurate response to the Environmental Questionnaire for Property Management Contract with each authorization request submitted to the Government for review.

The questionnaire is available from the Scranton Army Ammunition Plant (SCAAP) Government staff.

2. COMMUNICATIONS, SUPPORT, DOCUMENTATION & PERMITS:

The contractor shall:

2.1 Upon discovery of an environmental release, notify the SCAAP Government staff [notification shall be within one hour, either a phone call and /or electronic mail] in accordance with (IAW) SCAAP’s Emergency Response Plan [CDRL A001]. For the purpose of this requirement a release is defined to include, but not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, dumping, or seepage into the environment. The Incident Data shall be provided to the Commander’s Representative (CR) within 24 hours, shall be legible and shall include information and details outlined in SCAAP’s Emergency Response Plan. Contractor shall take photos when a spill/release is discovered, recovered, and after corrective action and cleanup have been completed. At the request of the Government Staff, sampling to verify a release may be required. Notifications to outside agencies must be coordinated and reported through the SCAAP Government Environmental Staff. Soil is not to be replaced or backfilled without SCAAP Government Environmental Staff and regulatory agency coordination.

2.2 Provide all permit applications to the SCAAP Government staff and the Government, prior to submittal to a Federal, Commonwealth, or local regulatory agency allowing reasonable time for review and comment prior to submittal.

Electronic copies of all final permits shall be provided to SCAAP Government staff Environmental point of contact (POC) within 5 working days. Based on the current Commonwealth of Pennsylvania Permit Application, all permits shall be applied for in the name of the contractor as the operator with the contractor’s general manager as the signee.

2.2.1 However, in the case that the Pennsylvania Permit Application changes and allows for identification of multiple parties (i.e., owner and operator), the Army would then be identified as the owner. Under those circumstances, the CR would sign the permit and the contractor’s General Manager would be the co-signer.

2.2.2 All other correspondence with the Commonwealth of Pennsylvania shall be provided to the SCAAP Government staff 7 calendar days before submittal for review, coordination and signing of cover letters [CDRL A002].

2.3 Identify and notify the Government staff of the discovery of any environmental deficiencies associated with existing federal, state, or local environmental laws, regulations and/or EOs. Develop and implement plans to bring the facility into compliance. Items identified by SCAAP Government staff require corrective action plans, which shall be submitted to the SCAAP Government staff [CDRL A003].

2.4 Notify the CR within 24 hours of receipt of any Notice of Violation/Deficiency [CDRL A004]. Defend and negotiate or assist in the defense and negotiation of Notices of Violation, Notices of Deficiency, Orders, citizen's suits etc., which address or related to environmental deficiencies (alleged or otherwise) with respect to SCAAP. Responses to Orders/Notices or inquiries from the State/regulators shall be coordinated through SCAAP Government Environmental Staff to ensure Government review prior to submittal. The contractor shall bear all expenses associated with non-compliance and those necessary to maintain compliance with regulatory requirements. In the event that the Government is assessed a monetary fine for violations caused by the contractor’s performance, actions or inactions, the contractor shall reimburse the Government for the amount of that fine and other costs incurred in resolving the contractor’s violation. The contractor shall respond to all findings, conclusions, and recommendations provided in any survey(s) and/or report(s) issued by other Department of Defense agencies (e.g., Army Environmental Command, United States Army Institute of Public Health to correct any violation of applicable existing or proposed Federal, Commonwealth, or local environmental laws, regulations and/or Presidential EOs, or any recommendations to enhance the overall environmental program previously established by the contractor.

2.5 The contractor shall participate in the Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PA DEP) programs for self-disclosure. All violations of environmental regulations discovered on the installation, either by the contractor or Government staff, will be reported to the appropriate regulatory agency by the contractor according to that agency's policy.

The contractor shall notify the SCAAP Government staff within 24 hours of any violations discovered and prior to reporting to the regulatory agency. With regard to compliance with Executive Orders, the contractor shall notify the SCAAP Government staff of any non-compliance issues within 24 hours of discovery.

2.6 The contractor shall implement the Integrated Cultural Resources Management Plan (ICRMP). The ICRMP shall be thoroughly integrated with the contractor's Maintenance Plan, the Layaway of Industrial Facilities (LIF) Plan, the Maintenance of Inactive Facilities (MIF) Plan, and the Surge Facilitization Plan, as described in their respective PWS, as applicable.

2.7 Submit in writing the quantities of waste removed and recycled to the SCAAP Government staff on a monthly basis. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled and the quantities of materials disposed/recycled by weight

[CDRL A005].

2.8 Contractor shall submit the type and quantity of regulated pesticides to be applied, the application purpose, and location to the SCAAP Government staff for approval 10 working days prior to the initial application. The Contractor shall submit the actual quantities applied (DD1532 or equivalent) to the SCAAP Government staff within 2 working days (48 hours) after each approved application. The Contractor shall provide evidence of personnel licenses and certifications to the SCAAP Government staff prior to the initial application of pesticides. Only those pesticides registered with the US Environmental Protection Agency (EPA) and approved by Army Materiel Command Pest Management Consultant shall be utilized and then only in strict accordance with product labeling. The installation reserves the right to prohibit and limit the amount and type of pesticides used [CDRL A006].

3. SUPPORT FOR ASSESSMENTS, INSPECTIONS, AUDITS, REVIEWS, AND

VISITS:

The contractor shall:

3.1 Establish and maintain an ISO 14001 conformant Environmental Management System (EMS) within 12 months of installation occupation. The EMS shall include all tenants, and lessees, as well as the SCAAP Government staff. SCAAP Government staff will be allowed to participate in the management and review of the EMS. Assist Government personnel in reviewing all plant operations (and those of its tenants) located at SCAAP for the purpose of determining their effect on the environment and determining compliance with Army, Federal, Commonwealth, and local environmental laws and regulations, and EOs. The Government reserves the right to review any ISO 14001 document. Prepare corrective action plans and complete corrective actions for ISO 14001 audit findings and Army external environmental assessment reviews. Corrective action plans shall identify a timeline for correction, review, and verification of corrective actions. The reviews or visits shall be coordinated through the CR and can be conducted at the direction of the CR at any time.

3.2 Assist the U.S. Army in responding to all findings and recommendations provided in any inspection or audit reports issued by Department of Defense or other Federal, Commonwealth, or local agencies to correct any deficiency/violation of Federal, Commonwealth, or local environmental laws and regulations, EOs or ARs.

The contractor shall support the SCAAP Government staff in the preparation of information, communication, and/or reports to higher headquarters and must comply with any and all environmental reporting required by law, regulation or Executive Order.

3.3 Immediately notify the SCAAP Government staff of any visit/inspection by local, Commonwealth, or Federal representatives, announced or unannounced. Visits shall not proceed without a SCAAP Government staff representative. No later than 24-hours after completion of the visit, the contractor shall forward a written report of the visit to the SCAAP Government Environmental POC and the CR. The report shall include: Date and time; Name of visitor and agency represented; Requirements and purpose of visit; Results; Name and telephone of the Government representative present, and shall include a list of action items, task list, and compliance plan with a projected completion date. A copy of all material requested and/or supplied to the visitors shall be submitted with the report. The contractor shall forward all inquiries (telephone calls, correspondence, etc.) regarding SCAAP’s environmental matters to SCAAP Government staff [CDRL A007].

4. STORAGE: The contractor shall prohibit the storage and disposal of nondefense-owned toxic and hazardous materials on SCAAP for non-DoD production in accordance with the provisions of 10 USC 2692. Material brought onto an installation that will be consumed or incorporated into products within a reasonable time frame, (approximately one year), and removed from the installation upon completion of the manufacturing process is not considered to have been “stored.” This exclusion applies to the contractor as well as subcontractors and tenants. An exception must be obtained from the Secretary of the Army prior to nondefense toxic and hazardous materials being stored or disposed of on the installation. This request for exception must be prepared by the contractor and forwarded through command channels. The Secretary of the Army determines if the material is required or generated by a private person in connection with the authorized and compatible use of an industrial type facility of the DoD. The facility contractor or the subcontractor(s) shall remove from SCAAP the excess material in a proper manner within 180 calendar days after cessation of manufacturing processes that require hazardous materials IAW Resource, Conservation, and Recovery Act (RCRA), state law or other regulatory requirements.