Attachment_0004_-_PWS_4_-_Environmental.pdf

Attachment 0004

June 20, 2018

PWS 4 – ENVIRONMENTAL (INDIRECT)

1. GENERAL:

1.1. The Contractor shall comply with the most current Federal, State, Local, and Army environmental laws and regulations. This shall include establishing, maintaining, and implementing policies, objectives, priorities, and operating procedures in order to provide environmental management and maintain compliance. The Contractor shall comply with Army Regulations (ARs) to include, but not limited to, AR 200-1, AR 420-1, 32 Code of Federal Regulations (CFR) 651, Executive Orders (EOs) 13423, 13514, and all other applicable EOs and regulations.

1.2. The Contractor shall manage facility operations and methods of all Department of Defense (DoD) operations to aggressively eliminate or minimize the use of hazardous materials and the generation of hazardous and/or toxic wastes as defined in 40 CFR, Protection of Environment. The Contractor shall properly manage waste not defined as a Hazardous Waste (HW) in 40 CFR.

1.3. For new equipment, the Contractor shall not procure any Class I Ozone Depleting Chemicals (ODCs) as listed under Section 602(a) of the Clean Air Act, nor any Class II ODCs as listed under Section 602(b) of the Clean Air Act. This requirement does not apply to existing equipment.

1.4. The Contractor shall establish plan(s)/report(s) required by Federal, State, Local, and Army laws and regulations, and Army Orders needed to bring and to maintain LCAAP into compliance. These plans are outlined below and shall be submitted in accordance with (IAW) CDRL requirements

2. COMMUNICATIONS, SUPPORT, DOCUMENTATION, AND PERMITS:

The Contractor shall:

2.1. Prepare a Spill Prevention Control and Counter Measure Plan IAW CDRL A001.

In addition to notifications required by regulations, orders, etc., immediately upon discovery (within one hour), notify the LCAAP Government staff (notification shall be via phone call and email) IAW all reportable discharges to the environment. The Contractor shall provide notification of Non-reportable discharges via email within 24 hours of discovery. For the purpose of this requirement, a discharge includes, but is not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, dumping, or seepage into the environment. The Contractor shall investigate the facts of each discharge, develop, and submit a written pollution incident report within 24 hours of each discharge incident, to include reportable and non-reportable quantities IAW 40 CFR Part 302 (A047). Photos shall be taken when a spill is discovered, recovered, and after corrective action and cleanup have been completed. Notifications to outside agencies must be coordinated and reported to the LCAAP Government Staff. The Contractor is to provide all information and documentation on such events as required by Federal, State, Local, and Army laws and regulations. Soil is not to be replaced/backfilled without LCAAP Government Staff approval and regulatory coordination.

2.2. Coordinate with the LCAAP Government Staff on all written communications and negotiations with the regulatory agencies. Should the Contractor receive official correspondence addressed to the Contractor regarding a regulatory matter affecting the installation (i.e., all correspondence from the Missouri Department of Natural Resources (MDNR), U.S. Environmental Protection Agency (USEPA) Region VII, Headquarters EPA, the Contractor shall provide the correspondence to the LCAAP Commander and Environmental Staff within 15 minutes. The LCAAP Government staff shall be included on or a party to all other correspondence with the MDNR and USEPA Region VII.

2.3. Environmental regulations provide specific guidelines for permit renewal submittals. The Contractor shall submit all permit renewal applications to the Government IAW CDRL A048 and applicable regulations, permit conditions, or regulatory direction/directive. The Contractor shall apply for, obtain, and maintain all necessary permits and modifications thereto. The Contractor shall manage and maintain operational compliance with permits issued by any and all Federal, State and Local agencies; sign any and all applications, modifications, reports, and certifications required by law, regulation, or permit, including those required of operators and generators; and terminate unneeded environmental permits. The preceding sentence shall not apply to HW manifests required as a result of remediation activities conducted pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Federal Facility Agreement (FFA). The Contractor however shall provide certification that each shipment of CERCLA HW, which is managed/handled by the Contractor, is fully and accurately described on any HW manifest prepared by the Contractor and report shipments on regulatory reports. The Contractor shall certify such shipment is properly packed, marked, and labeled. For those submissions which require the identification and/or signature of the owner, the Army shall be identified as and/or sign as the Owner where required. The Contractor shall identify the Army shall as the generator of CERCLA remediation derived wastes. The Contractor shall sign as operator, generator, and responsible official for any actions taken under Title V air permit, the Industrial User Discharge Permit, Wastewater discharge permit (NPDES), HW Management Permit (RCRA Part B), Drinking Water Permit, and Solid Waste Subpart D Permit. The Contractor shall sign as generator on any HW disposal manifests (except CERCLA).

2.4. Provide all permit applications IAW CDRL A048 prior to submittal to a Federal, State, Local or Army regulatory agency allowing reasonable time for review and comment prior to submittal. All permits shall ensure the Contractor is the operator, the Army is the owner, and both the Contractor’s General Manager (or authorized representative) and the LCAAP Commander or Civilian Executive Assistant shall sign. The Contractor shall revise any current permits not meeting these criteria to meet this requirement. Copies of all final permits shall be provided IAW CDRL A048.

2.5. The Contractor shall perform post-closure care of closed surface impoundments and permitted landfills.

2.6. The Contractor shall conduct quarterly Environmental Quality Control Committee Meetings and Monthly Environmental Update Meetings (CDRL A049).

2.6.1. The Contractor shall conduct quarterly meetings with the LCAAP Commander which require a “read ahead” pre-briefing no later than 48 hours in advance of the meeting. Meeting minutes shall be documented and provided by the Contractor, with tasks identified by owner and suspense date.

2.6.2. The Contractor shall conduct monthly meetings to update the LCAAP Government Staff of all environmental media issues. The Contractor shall provide a presentation during the meetings and submit meeting minutes.

2.7. Identify, and document within 60 days of discovery any known environmental deficiencies associated with existing Federal, State, Local, or Army environmental laws, regulations and/or EOs, and develop and implement plans to bring the facility into compliance. Identification and discovery documentation shall be provided to the LCAAP Government Staff, as well as subsequent corrective action plans. Items identified by LCAAP Government Staff require a formal response (CDRL A050).

2.8. Prepare, arrange, maintain, and conduct environmental training for the Contractor staff. The Contractor shall also provide annual Hazardous Waste Operations and Emergency Response Standard recertification training to the LCAAP Government Staff IAW all requirements of 29 CFR 1910.120 and hazard communication training IAW 29 CFR 1910.1200.

2.9. 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 relate to environmental deficiencies (alleged or otherwise). Manage and maintain operational compliance with regulatory notices/orders, which address deficiencies in compliance. Responses to inquiries from the state/regulators shall be coordinated and submitted IAW CDRL A051. The Contractor shall bear all expenses associated with any non-compliance resulting from Contractor action or inaction, and all expenses 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.

2.10. The Contractor shall initiate budgeting documents required to correct existing or potential violations of laws and requirements promulgated by Federal, State, local, and Army environmental regulatory agencies and EOs specified herein. The Government may seek funding to correct such deficiencies. The Government may fund such deficiencies on a case-by-case basis.

2.11. Initiate and complete required environmental documentation (e.g., Environmental Assessments, Findings of No Significant Impact, Environmental Impact Statements, Records of Environmental Consideration (REC), etc.) required for compliance with PL91-190, National Environmental Policy Act, and 32 CFR 651.

All efforts shall be coordinated through the LCAAP Government Staff. The RECs shall include the LCAAP Government Staff provided checklist and list out all chemicals used in the processes.

2.12. Comply with all environmental reporting requirements required by law, regulation, EO or to the extent specified otherwise herein. Provide a copy (electronic and hardcopy) of all reports to the LCAAP Government Staff prior to submission to the regulators. Consult with the LCAAP Government Staff in advance of report submission when any report identifies a non-compliance/alleged non-compliance situation or contains issues anticipated to be controversial.

2.13. Provide information and data quarterly for population of JMC’s environmental requirements database in coordination with the LCAAP Government Staff. The Contractor shall provide a primary and backup POC for completing input to the Army Environmental Reporting Online modules. Access request forms shall be prepared and submitted through the LCAAP Government Staff for submission to the Army Environmental Command. Database access requires a Government Common Access Card (CAC) (CDRL A052).

2.14. Establish and maintain a fence line to fence line, ISO 14001 conformant, Environmental Management System (EMS). The EMS shall include all tenants, subcontractors, leases, and LCAAP Government Staff. EMS shall include semi-annual management reviews, internal audits, and corrective action reports (CDRL A053). Awareness training to all LCAAP Government personnel, visitors, contractors, and subcontractors on an annual basis is required before doing work on-site. Stated training shall be catalogued in an electronic database and given to the LCAAP Government Staff quarterly (CDRL A054).

2.14.1. Assist Government personnel in reviewing all plant operations (and those of its subcontractors and tenants) located at LCAAP for determining their effect on the environment and compliance with Army, Federal, State, Local, and Army environmental laws, regulations and EOs. This shall include responding to all findings and recommendations provided in any survey, tasker, inspection, or report. The Contractor shall perform an external environmental assessment review on-site every three years at a minimum, plus additional reviews as directed by the LCAAP Commander. The Contractor shall perform an ISO 14001 EMS review as required, or at a minimum on an annual basis. The Contractor shall provide support for these reviews which will be performed by a Government entity or an entity sponsored by the Government.

2.14.2. Prepare corrective action plans and complete corrective actions for ISO 14001 audit findings and Army external environmental assessment reviews.

Corrective action plans will identify a timeline for correction, review, and verification of corrective actions.

2.14.3. Establish and maintain an internal auditing program whose results shall be shared with the LCAAP Government Staff as accomplished. Auditing plans shall be coordinated through the LCAAP Government Staff. The Contractor shall update the auditing program, forward a written report, and notify the LCAAP Government Staff (CDRL A055).

2.15. Assist LCAAP Government Staff in responding to all findings and recommendations provided in any inspection or audits reports issued by Federal, State, local or Army agencies to correct any deficiency/violation. The Contractor shall prepare Installation Corrective Action Plan reviews and Army Environmental Quality Data Base reports.

2.16. Establish, implement, and maintain the Environmental Management Tools:

Status Tool for Environmental Program (STEP) Database, Web Compliance Assessment and Sustainment System (WEBCASS), and Conservation Metrics Portal (CMP). This includes inputting and tracking environmental and risk management project data into the Management Tool database for Compliance, Conservation, and Pollution Prevention projects on a quarterly basis. Database access requires a Government Common Access Card (CAC) (CDRL A056).

2.17. Immediately notify the LCAAP Government Staff of any visit/inspection by Federal, State, or Local representatives, announced or unannounced. The Government staff shall be available for visits within 30 minutes of contractor notification of an established meeting/visit. Visits shall not proceed without a LCAAP Government Staff representative. If the Lake City environmental staff is not available, an alternative Government staff member will be assigned or a waiver to proceed without a Government staff member will be granted to the Contractor. If a waiver is granted the Contractor is required to provide meeting/visit minutes to the LCAAP Government Staff and Commander no later than 24 hours after completion of a visit (CDRL A051). A copy of all material requested and/or supplied to the visitors shall also be submitted. The Contractor shall coordinate all inquiries (telephone calls, correspondence, etc.) regarding LCAAP’s environmental matters with the LCAAP Government Staff in a timely manner. When possible, the Contractor shall include the LCAAP Government Staff in planned contact with regulatory personnel, and when not possible, shall immediately notify the LCAAP Government Staff of the outcome of regulatory contact. Neither the Contractor, nor the Government, shall engage in any negotiations with environmental regulators that will obligate the other party in any manner other than agreed to between the two entities. It is the intent of the Contractor and the Government to maintain open communication concerning environmental matters at the facility. The Contractor shall have primary contact and responsibility for environmental matters, which arise as a result of its acts and omissions, as well as the acts and omissions of any of their subcontractors. The Government shall retain primary contact and responsibility for environmental matters that arise from any pre-existing condition. The parties shall coordinate on all significant communications (i.e., modifications, notice of violations, or permits, etc.) or negotiations with regulators, and each shall share the correspondence with the other party.

2.18. The Contractor shall report all solid waste IAW the Solid Waste Annual Reporting (SWARWeb). The Contractor shall respond to the data-call sent by Assistant Chief of Staff for Installation Management and complete all entries into the SWARWeb system by the suspense set by LCAAP Government Staff. Database access requires a Government Common Access Card (CAC) (CDRL A057).

2.19. The Contractor shall participate in Environmental Performance Assessment System reviews following the specified Army Installation Management Command and Army Materiel Command/Join Munitions Command guidance. U.S. Team Guide requirements (on the FedCenter website) shall be adhered to and included in quarterly audits (CDRL A055).

2.20. The Contractor shall prepare or update the reports/plan/database annually (unless otherwise stated) which currently include but are not limited to the following:

Pollution Prevention Plan; (CDRL A058)

HW Generator Report (quarterly by state regulators); (CDRL A059)

Solid Waste Report; (CDRL A060)

Facility Generator Report (quarterly by state regulators); (CDRL A061)

Emissions Inventory Questionnaire; (CDRL A062)

ODC Management Plan; (CDRL A063)

Storm Water Pollution Plan; (CDRL A064)

HW Management Plan; (CDRL A065)

Integrated Solid Waste Management Plan; (CDRL A066)

Consumer Confidence Report; (CDRL A067)

Polychlorinated Biphenyl (PCB) Management Plan; (CDRL A068)

Asbestos Management Plan; (CDRL A069)

Little Blue Valley Sewer District Report (monthly by permit); (CDRL A070)

Integrated Pesticide Management Plan (IPMP) (CDRL A071)

Toxics Release Inventory Database and Report; (CDRL A072)

EPCRA Tier II Report (CDRL A073)

National Pollutant Discharge Elimination System (NPDES) Stormwater Report

(CDRL A074)

Burn Report (CDRL A075)

Water Resource Management Plan (CDRL A076)

Installation-level Green Procurement Plan (CDRL A077)

Hazardous Waste Inventory (CDRL A078)

2.21. The Contractor shall provide a status report noting any applicable changes in environmental requirements that directly affect requirements herein, and provide information on pertinent activities associated with performance under this contract.

This includes new permits, modification of permits, preparation of documentation, and modification of existing operational procedures. This report shall include any applicable cost data associated with the changing or emerging environmental law, regulation or EO (CDRL A079).

3. PRE-EXISTING ENVIRONMENTAL CONDITIONS:

3.1. To the extent that the immediate PWS does not vary the terms of the remainder of the contract, the Government will retain the risk and responsibility for all pre-existing environmental contamination at LCAAP, including, but not limited to, remediation, corrective actions, violations, closure obligations under Federal and State environmental statutes, regulations, orders, and permits. It is the Government’s intent that the Contractor assume the risk and liability only for its own acts or omissions, as well as the acts and omissions of any subcontractors or tenants that the Contractor brings on-site.

3.2. The Contractor acknowledges that the USEPA placed LCAAP on the National Priorities List pursuant to the requirements of the CERCLA, 42 U.S.C. Section 9605, as amended by the Superfund Amendments and Reauthorization Act (SARA).

PL99-499 and the U.S. Army entered into a FFA under CERCLA Section 120 with the USEPA and the MDNR to facilitate the implementation of appropriate remedial actions as required by CERCLA/SARA at LCAAP. The Contractor further agrees that on-plant activities conducted pursuant to this contract shall not impede the remedial actions required by the terms of the FFA.

3.3. The Contractor shall provide support to Installation Restoration Program activities IAW program requirements to the extent they are defined and direct funded by the Government through separate project/service orders, subject to the availability of funds.

3.4. The Contractor shall review and comply with the controls set forth in the Land Use Control (LUC) Implementation Plan resulting from the Record of Decision for the Operable Units. The Contractor shall implement use of the electronic database(s) developed by the independent Installation Restoration Contractor. The downloading of this interactive map and use of the map prior to issuance of dig permits shall be incorporated into the Contractor’s procedures. When conditions exist that a LUC sign needs to be removed or is accidently hit, the LCAAP Government Staff shall be notified as soon as practical to reassess the sign’s location. The Contractor is responsible to replace the damaged sign or move the existing sign when conditions warrant moving.

3.5. The Contractor shall maintain production well 17AA at the minimum of 50 gallons per minute to contain the impacted groundwater on-site (Note: This rate is subject to change by the LCAAP Government Staff). If at any time the rate is not maintained, the Contractor shall notify the LCAAP Government Staff within 24 hours.

3.6. The Contractor shall prohibit the storage and disposal of non-defense owned toxic and hazardous material on LCAAP IAW the provisions of 10 U.S.C. 2692.

Material brought onto LCAAP which shall be consumed or incorporated into products within a reasonable timeframe (no longer than one year) and removed from LCAAP upon completion of the manufacturing process is not considered to have been "stored". Any exception must be requested and approved by the Secretary of the Army prior to non-defense toxic and hazardous materials being stored or disposed of at LCAAP; stated request shall be prepared by the Contractor and forwarded through LCAAP Government Staff. The Contractor shall remove from LCAAP all excess hazardous materials within 180 days after completion of any contract and all HW within 90 days after the initial generation of the HW.

3.7. The Contractor shall develop and manage a program that complies with Federal, State, local and Army regulations and results in sound and responsible noise stewardship. The Contractor shall prepare, implement, and maintain an IONMP, to include a methodology for analyzing exposure to noise associated with military operations and guidelines for achieving compatibility between the Army and the surrounding communities (CDRL A080). The Contractor shall investigate the facts of each noise complaint and develop and submit to the LCAAP Government Staff a written complaint report and a LCAAP Government provided noise complaint form within 24 hours of each incident (CDRL A081).

4. INTEGRATED PEST MANAGEMENT (IPM):

4.1. The Contractor shall effectively and knowledgeably manage the pest control program with IPM concepts. The IPM approach to pest management shall recognize and apply sound principles targeted to minimize the use of chemicals to control or eradicate pests by promoting and utilizing proactive cultural, mechanical and biological pest control techniques. The Contractor shall use the IPMP as a tool to reduce reliance on pesticides, enhance environmental protection, and maximize the use of IPM techniques. The Contractor shall manage the IPM program IAW Federal, state, and Army regulations, to include, but not limited to: utilize regulator approved pesticide list, utilize state certified applicators, retain copies of all SOWs and contracts issued to subcontractors, mix and store all pesticides off-site, and facilitate random audits and quarterly taskers.

4.2. The Contractor shall submit a monthly electronic report of pesticide use to the LCAAP Government Staff (CDRL A082). The Contractor shall also prepare a biannual Pest Control Summary Report to the LCAAP Government Staff (CDRL A083).

4.3. The Contractor shall respond to written pest control service requests within one week. Services are to be rendered within two hours of vermin notification (i.e.

snake, skunk, fox, coyote, opossum, and raccoon).

5. MISCELLANEOUS:

5.1. The Contractor shall assist and support Cultural Resources and Natural Resources complying with Federal, State, and local laws and Army regulations which result in sound and responsible stewardship. Consideration of impacts to cultural resources is mandated under Section 106 of the National Historic Preservation Act (NHPA), as amended and implemented by 36 CFR Part 800. The regulations require identifying significant cultural resources that may be impacted by the disturbing the ground. Cultural resources are prehistoric and historic sites, structures, districts, artifacts, or any other physical evidence of human activity considered important to a culture, subculture, or community for scientific, traditional, religious or other reasons. The Contractor shall conduct archeological surveys prior to disturbing the ground.

5.2. The Contractor shall provide oversight for the Commander’s hunting and fishing program. Authorization of hunting/fishing is provided by the Commander. The Contractor shall comply with applicable Federal, State, JMC, and LCAAP rules and regulations. The Contractor shall be responsible for training (to include Unexploded Ordnance (UXO) awareness), coordinating hunters/fishermen, maintaining a kill log, and maintaining the health and count of species through annual surveys. The Contractor shall incorporate the practices in the Installation’s Integrated Natural Resources Management Plan.

5.3. The Contractor shall provide support for periodic inspections (at least four times annually) of supporting documentation and on-site visits.