01561_Environmental_Conditions.doc

ENVIRONMENTAL PROTECTION

01561

Revised: 28 Jul 99

1.0 GENERAL. The work covered by this section consists of furnishing all labor, materials, equipment, and services, and performing all work required for the prevention of environmental pollution during, and as the result of all operations under this contract. For these purposes, environmental pollution is defined as the introduction or presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter biological balances of importance to human life or affect other species of importance to man. The control of environmental pollution requires consideration of air, water, and land.

2.0 APPLICABLE REGULATIONS. The contractor and his subcontractors shall comply with the Clean Air Act (CAA), Clean Water Act (CWA), Code of Maryland Regulations (COMAR) Title 09 and 26, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA aka Superfund), Emergency Planning and Community Right-to-Know Act (EPCRA), Endangered Species Act, National Environmental Policy Act (NEPA), Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), Occupational Safety and Health Act (OSHA), Oil Pollution Act, Pollution Prevention Act (PPA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act, Toxic Substance Control Act (TSCA), and all other applicable Federal and State laws and regulations concerning environmental and safety requirements, as well as the specific requirements stated elsewhere in the contract.

3.0 NOTIFICATION. The Contracting Officer (KO) or Contracting Officer's Representative (COR) will notify the contractor of non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails to comply promptly, the Contracting Officer will issue an order stopping all or any part of the work until satisfactory corrective action has been taken. No part of time loss due to such stop work orders shall be made the subject of a claim for extension of time, additional costs, or damages to the Contractor unless it is later determined that the Contractor was in compliance.

3.1 Imminent Hazard. Reference definition of "imminent hazard", and persons authorized to issue cease-and-desist notifications as defined by OSHA, RCRA, and other laws (see "APPLICABLE REGULATIONS" above).

If personnel having regulatory authority determine that the contractor has or is creating a condition that may present an imminent and substantial endangerment to health or the environment, the contractor shall comply with that authority.

3.2 Emergency Response. The contractor shall not wait for notification before initiating corrective action. In the event of an emergency the contractor shall take immediate action to prevent further injuries or damage, and shall immediately notify the Installation "Emergency Operations Center" (dial 911). All costs incurred as the result of a contractor caused accidents are the responsibility of the contractor.

4.0 SUBCONTRACTORS. Compliance with the provisions of this section by subcontractors is the responsibility of the Contractor.

5.0 PROTECTION OF NATURAL RESOURCES. The contractor shall practice pollution prevention by means of source reduction. The Pollution Prevention Act (PPA) defines source reduction as practices that reduce or eliminate the creation of pollutants through: (a) increased efficiency in the use of raw materials, energy, water, or other resources, (b) protection of natural resources by conservation, (c) management of personnel and control of hazardous materials to diminish or negate the introduction of pollutants into the environment.

5.1 Protection of Water Resources. The contractor shall not pollute streams, lakes, reservoirs or natural water courses with petroleum, oil or lubricants (POLs), pesticides, calcium chloride, chlorine, acid, construction wastes, sediment, or other harmful materials or wastes. All work under this contract shall be performed in such a manner that pollutants are not released into ditches, storm drains, surface or groundwater (i.e. waters of the State, COMAR 26.08), adjacent to or downstream from the site.

5.1.1 Production Well Installation. Production well installation shall include modeling to determine if pumping of the production well(s) will effect any contaminants that may be present. Modeling data and information shall be provided to the COR for review and approval prior to well installation. All lithologic logs shall be provided to the COR. The contractor shall obtain a State Water and Appropriation Use Permit, Harford County Well Drilling Permit, and the work shall be performed by a State certified and licensed driller.

5.1.2 Well Closure. Well closures shall be accomplished by a State certified and licensed well installer in accordance with COMAR 26.04.04.

5.1.3 Water and Sewer Lines. The extensions to existing lines or installation of new water lines, sewer lines, lift stations, or other water or sewerage system appurtenances shall be in accordance with COMAR 26.03.12. Water/sewerage construction permit shall be obtained if the extensions, new lines or other features do not qualify for an exemption, as determined by the government due to one of the following: (1) project is for normal maintenance or repairs; (2) project is for plumbing inside a building being serviced; (3) project is for a building connection designed for less than 5,000 gallons per day; (4) project nature is minor, such as installation of a meter or valve. If the lines are not exempt, the contractor shall complete applicable portions of the Permit application and provide it, along with a copy of the contract drawings and applicable specifications to the COR. The government will forward the application to the State of Maryland for review and approval and furnish a copy of the permit, and any changes through the COR to the contractor for correction or action. Construction shall not proceed until the permit is issued by the State.

5.1.4 Septic Systems. Septic systems with drain fields shall not be installed. A holding tank is allowed, provided it meets the design requirements and specifications of COMAR 26.04.02 and 26.08.07 and is registered through the COR.

5.1.5 Groundwater and Dewatering. Portions of the Aberdeen and Edgewood Areas of APG are known to have groundwater contamination. If groundwater is encountered during excavation, and dewatering is required, sampling and total composition analysis (i.e., determination of 100% of all constituents of the sample), including any specialized analyses, shall be accomplished to determine the proper method of disposal unless otherwise directed by the COR. Unless otherwise specified, sampling and analyses shall be accomplished by the government. For remedial actions conducted under CERCLA, the contractor shall be responsible for this sampling and analysis. To prevent delays during construction, the groundwater shall be sampled and analyzed at the earliest construction phase (applicable if a high water table would infiltrate the excavation). Analytical results will be reviewed by the government and proper dewatering or disposal method(s) will be provided to the contractor via the COR. If the work is to be performed on or near a CERCLA (Superfund) site the government will advise the contractor of applicable work requirements and agreements.

5.2 Protection of Air Resources. The contractor shall protect against the emission of hazardous substances to air which cause or contribute to air pollution and may reasonably be anticipated to endanger health, welfare and the environment.

5.2.1 Burning. In most instances burning will not be permitted. Building debris shall be sorted for recyclable materials to reduce bulk quantities which require landfill. Brush, leaves, branch, stumps, etc. shall be chipped and either used onsite for erosion and weed control, or moved to APG staging areas or specified location(s) at the direction of the COR. The Contractor shall obtain written approval from the KO prior to burning of any substance or waste. Burning permits for debris will be issued on a case-by-case basis. The section is not applicable to welding, cutting, brazing, soldering, etc.

5.2.2 Dust Control. The contractor shall maintain all work areas free from dust which contribute to air pollution. Approved temporary methods of stabilization consisting of sprinkling with water, chemical treatment, light bituminous treatment or similar methods will be permitted to control dust. Sprinkling with water, where used, shall be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times. The use of chemical substances to control dust pollution during construction shall be requested in writing through the COR prior to application of such substances. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs.

5.2.3 Permits/Registrations For New Air Sources. Any new air emission sources (hoods, volatile substance storage tanks, spray booths, stationary equipment, or other similar type items) that do not qualify for an exemption under the COMAR shall be permitted and registered with the State. The contractor is responsible for providing the necessary information for the air permit application, to the COR. The government will submit the application to the State. The work shall not start without written State approval.

5.2.4 Permits to Construct Boilers. Boilers in excess of 1 million British Thermal Units (BTU) to 10 million BTU require a permit to construct ("construct" includes "modifications" COMAR 26.11.01.01). Boilers in excess of 10 million BTU require a permit to construct and a New Source Performance Standards (NSPS) permit, and typically will require a public hearing depending on the community input.

These permit applications shall be prepared by the contractor and forwarded to the COR. The government will submit the application to the State. The construction or modifications shall not start without written State approval.

5.2.5 Generator Sets. Generators that have a horsepower rating of 1000 brake horsepower or more, are required to have a permit to construct (COMAR 26.11.02.03.A.(6).(e)). The construction shall not start without written State approval.

5.2.6 Materials Containing Semi-Volatile/Volatile Organic Compounds (VOCs). The Contractor shall minimize use of volatile (i.e., benzene, methylene chloride, toluene, etc.) and semi-volatile (i.e., dichlorobenzene, trichlorobenzene, etc.) organic compounds in order to reduce fugitive air emissions during construction. Volatile and semi-volatile organics are contained in such products as paints, solvents, cleaners, sealers, glues, mastics, etc. Under no circumstance shall the contractor install materials (i.e., paint, glue, sealers, mastics, insulations, etc.) that continue to leach chemicals to the environment after cure.

5.2.7 Ozone Depleting Chemicals (ODC) and Ozone Depleting Substances (ODS). The contractor's use or installation of ODCs is not permitted under this contract.

(i.e., Methyl chloroform (MCF) aka 1,1,1-Trichloroethane (TCA), Carbon Tetrachloride (CCI), CFC-113, etc.) and Class 1 ODSs (i.e., R-11 (CFC-11), R-12 (CFC-12), R-13 (CFC-13), R114 CFC-114), R-500, R-502, R503, etc.)

5.3 Protection of Land Resources. The land resources, both within the project boundaries and outside the limits of work of this contract, shall be preserved in their present condition, or be restored to their original condition after completion of construction, and shall appear natural. To the greatest extent possible, the Contractor shall confine his activities to areas defined by the plans and specifications.

5.3.1 Protection of Trees, Shrubs, and Vegetation Retained. The contractor shall be responsible for the protection of all existing trees, shrubs, and vegetation that are to be retained on the site. Protection shall be maintained by the Contractor during their entire stay at the site and shall not be removed without the consent of the Contracting Officer. If the Government determines that protective devices are insufficient, additional protective devices shall be installed at the instruction of the KO or COR.

5.3.1.1 Heavy equipment, vehicular traffic, or stockpiling materials shall not be permitted within the drip line of trees or shrubs to be retained.

5.3.1.2 No toxic materials is to be stored exposed to the elements, or within 100 feet of the drip line of trees to be retained.

5.3.1.3 Except for area(s) shown on the plans to be cleared, the Contractor shall not deface, injure, or destroy trees, shrubs or vegetation, nor remove or cut them without specific written authorization. Existing nearby trees or shrubs shall not be used for anchorage unless authorized by the KO. Where such special emergency use is permitted, the Contractor shall first adequately protect the trunk with a sufficient thickness of burlap over which softwood cleats shall be tied.

5.3.1.4 Nothing will be nailed to trees (to be retained).

5.3.2 Restoration of Landscape Damage. Any tree, shrub, vegetation or other landscape feature scarred or damaged by the contractor shall be restored to its original condition at the Contractor's expense. The KO will decide what method of restoration shall be used, and whether damaged trees shall be treated, healed, or removed and replaced. All scars, wounds, cuts or stumps of limbs removed shall be coated with an approved wound dressing. Trimming or pruning shall be performed in an approved manner by experienced workmen with saws or pruning shears. Tree trimming with axes is not permitted. The use of climbing spurs is not permitted for tree climbing. Trees to remain, that are damaged by the Contractor and are beyond saving in the opinion of the Contracting Officer, shall be removed and replaced with a nursery-grown tree(s) or healthy tree(s) of the same species moved from another location.

Replacement trees and shrubs shall be the same size, type, and value as those removed. The Contractor shall remain responsible for the maintenance of replacement trees, shrubs, and vegetation until it is determined that the replacement can be sustained without other than routine care.

5.3.3 Soil Erosion and Sediment Control. The Contractor shall maintain sediment and erosion controls on all excavations (APGR 200-3) even if a State approved plan is not required. If the disturbed area is in excess of 5000 square feet or the excavation exceeds 100 cubic yards, a plan shall be developed by the contractor, and provided to the COR for review and approval by the State of Maryland. The State-approved plan will be returned through the COR to the contractor prior to commencement of grading or excavation. In other words, the contractor provides the plan, but the coordination of the plan with the State will be done by the government. During construction and maintenance of sediment and erosion control devices, a supervisor who holds State of Maryland "Soil Erosion and Sediment Control" certification shall be on site.

5.3.3.1 Temporary Excavations and Embankments. If the Contractor proposes to construct temporary roads, embankments, excavations for plant, or work areas, he shall submit a plan to the COR allowing 30 days for review and approval prior to scheduled start of such work.

6.0 Pollution Prevention Act (PPA), Emergency Planning and Community Right-to-Know Act (EPCRA); Applicable Executive Orders (EO). The contractor shall comply with applicable Executive Orders; (EO) #12856 (PPA, EPCRA/SARA Title III), EO # #12902 (Energy Efficiency and Water Conservation), EO #13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition and EO #13123, Greening the Government Through Efficient Energy Management. Specifically, the contractor shall:

(a) Use recycled products.

(b) Use recyclable products.

(c) Use low toxicity or non-toxic products.

(d) Use and install low maintenance products.

6.1 The contractor shall inform workers, and subcontract workers of all hazardous material to be used during the construction project.

6.1.1 The contractor shall secure all hazardous materials from the elements, leakage, and access by unauthorized individuals.

6.1.2 The contractor shall maintain active current inventories of hazardous materials and waste on-site.

6.1.3 The contractor shall maintain a current Material Safety Data Sheet (MSDS) file for each hazardous material on-site.

6.2 The contractor shall provide the COR a list of all hazardous and regulated materials brought onto the installation during execution of the contract. No exceptions.

6.2.1 An initial list shall be provided to the COR before any hazardous materials are brought onto the installation. The list shall include chemical and brand name, quantity (in pounds only) and a current material safety data sheet (MSDS) for each item. This list shall be ammended to include any additions to the quantities previously listed and all new items provided over the life of the contract as the contractor determines the necessity to bring more hazardous materials onto the installation .

6.2.2 At the end of the contract or 31 Dec of each calendar year, whichever comes first, the contractor shall provide the total amount of each chemical used, total amount of waste residues, and total amount of excess hazardous or regulated material removed from the installation or turned over to the government.

6.3 After meeting the requirements of Section 6.0 of this specification, only hazardous and regulated materials essential to the performance of the contract shall be brought onto the installation.

6.4 Energy Conservation.

6.4.1 Lighting. The contractor shall install energy efficient lighting fixtures, bulbs, fluorescent tubes, switches, and equipment.

6.4.1.1 Lighting and Pollution Prevention. Fluorescent lamps, and other HID lights when tested for disposal typically will exceed the TCLP (toxic characteristic leaching procedure) limit for mercury, and are a hazardous waste. The contractor shall comply with pollution prevention mandates (Applicable Executive Orders and the Pollution Prevention Act) and install fluorescent lamps, HID lights, and bulbs that are either mercury-free or the mercury content is below the current hazardous waste standard of 0.20 ppm (parts per million). Fluorescent lamps, HID lights, and bulbs that routinely contain mercury shall have permanent manufacturer labeling stating that the lamp, light, or bulb "Contains Mercury" or is "Mercury-Free." Fluorescent lamps and HID lights containing mercury shall be returnable to the manufacturer.

6.5 Paint, Latex (Architectural and Architectural Anti-Corrosive). The following specifications and restrictions apply to architectural and architectural anti-corrosive paints used on this contract.

6.5.1 Volatile Organic Compound Restrictions. List of APG VOC limits for paint (table 1).

Table 1. APG VOC Limits for Paints

liter) VOCs (pounds/gallon)

Interior architectural

Exterior architectural

Anticorrosive

6.5.2 Inorganic Component Restrictions. Table 2 lists the inorganic components prohibited by APG standards.

Table 2. Inorganic Components Prohibited for Paints

Antimony

Cadmium

Hexavalent chromium

Lead

Mercury

6.5.3 Proscribed Organic Compounds. Table 3 list of prohibited organic compounds.

Table 3. Prohibited organic compounds.

Methylene chloride

1,1,1-Trichloroethane

Benzene

Toluene (methylbenzene)

Ethylbenzene

Vinyl chloride

Naphthalene

1,2-Dichlorobenzene

Di (2-ethylhexyl) phthalate

Butyl benzyl phthalate Di-n-butyl phthalate

Di-n-octyl phthalate

Diethyl phthalate

Dimethyl phthalate

Isophorone

Formaldehyde

Methyl ethyl ketone

Methyl isobutyl ketone

Acrolein

Acrylonitrile

6.5.4 Packaging. Paint cans and components shall not be fabricated with lead.

7.0 LOCATION OF STORAGE AND SERVICE FACILITIES. The location of the Contractor's storage and service facilities shall be limited to the job site. The preservation of the landscape shall be considered in the selection of storage sites and construction. Plans showing storage and service facilities, including storage tanks shall be submitted for written approval to the Contracting Officer. Where buildings or platforms are constructed on slopes, the Contracting Officer may require cribbing to be used to obtain level foundations. Bench or leveling of earth is not allowed.

7.1 Hazardous Materials Storage Tanks and Facilities. The location of hazardous materials storage tanks and facilities shall be physically separated from the immediate working area. Facilities and tanks shall be secured from the elements, and access by unauthorized individuals. Tanks shall be afforded secondary containment to protect against leaks, and grounded to protect against electrical charges and sparking. All delivery and loading surfaces shall be impervious and curbed where necessary to insure against spills and leaks to land or water. If secondary containment is open to the environment it shall be designed and maintained to prevent migration of hazardous materials into ground water, surface water, or evaporation into the air.

7.2 Storage and Staging of Waste. The contractor shall not store hazardous waste (as defined by 40 CFR, Part 261) for a period of more than 90 days. The contractor shall obtain written approval from the KO before the storage of hazardous waste. Wastes removed from CERCLA clean-up actions shall be stored as indicated in the specifications unique to the clean-up action. Upon determination that a waste is hazardous, the contractor shall immediately notify the COR for assistance, pick-up, and final disposition of the wastes. The contractor shall containerize, label, stage, and manage the waste while awaiting pick-up. In addition, the containerization, labeling, removal, transportation, and disposal of hazardous materials and waste shall be accomplished in accordance with the requirements outlined in State (COMAR Title 26), Federal EPA (40 CFR), DOT (49 CFR), OSHA (29 CFR), Department of Army applicable regulations, and the APG RCRA/TSCA Part B permit. All costs incurred for the disposal of contractor generated hazardous waste are the responsibility of the contractor.

7.2.1 Roll-offs. The covered top roll-offs used to contain hazardous waste shall be approved for hazardous waste and marked IAW, RCRA hazardous waste regulations.

8.0 PESTICIDES. The methods, application and use of pesticides shall be reviewed and approved by the government. The contractor shall obtain the necessary application, handling, and standard operating procedures (SOPs) from the COR and coordinate with DPW Entomology Office, (410) 278-3114 for correct guidance to prepare the application plan. Should there be any other pesticide questions, CHPPM (previously AEHA) has a "Pesticide Hotline". Additional references would include AR 420-76, Technical Manual (TM) 5-629, and TM 5-632.

9.0 DISPOSAL OF WASTES

9.1 Hazardous Waste: The contractor shall not transport hazardous waste onto APG under any circumstances. The contractor shall not dispose of any government generated hazardous waste (pre-existing wastes). The contractor shall make arrangements through the COR for the disposal of contractor generated hazardous waste (wastes generated as a result of this work). The contractor shall coordinate all matters regarding hazardous wastes with the COR.

Any fines and costs incurred for the clean-up, storage, containerization, transportation, disposal and management of contractor abandoned hazardous waste are the responsibility of the contractor.

9.2 Non-RCRA/TSCA and Industrial Wastes The method of disposal, transporter, and the disposal site for non-RCRA or industrial wastes shall be approved in writing by the KO. The contractor shall submit this information through the COR for approval. All copies of the shipping manifests shall be forwarded to the COR within 24 hours. Copies of all manifests and bills of lading shall be provided to the COR within 20 days of shipment from the Installation.

9.3 Surety/Suspect Surety media and debris. The contractor shall not handle, remove, or dispose of any surety items. This work will be performed by the government.

9.4 Mixed Waste (RCRA/TSCA/NRC/etc.). The contractor shall not transport or dispose any mixed waste. The removal and disposal of mixed waste will be performed by the Government.

9.5 Radiological Waste. Written approval is required from the KO prior to the handling, removal, or demolition of radiological waste or debris. All disposal will be performed by the Government.

9.6 Solid Waste. The removal from APG and off-site disposal of solid waste, rubble, etc. shall be coordinated through the COR and approved by the government.

9.7 APG Landfill Disposal. Disposal of wastes at the APG Landfill is not permitted.

10.0 SPECIFIC DISPOSAL METHODS.

10.1 Building Demolition. Demolition debris from buildings identified as contaminated through field surveys, known to contain environmental contaminants, or suspected of being contaminated, shall be removed and disposed of by methods consistent with protecting the environment. The demolition shall be accomplished without the release of gas, solid or liquid matter to the environment. References: Code of Maryland Regulations (COMAR) 26.11.06.03.D(3) Particulate Matter from Materials Handling and Construction, COMAR 26.11.06.02 Visible Emissions, and COMAR 26.11.06.08.

10.1.1 Disposal of Lead Painted Building Debris. Building and demolition debris shall be TCLP lead tested prior to demolition or disposal (if lead paint was identified during the field survey). The TCLP lead testing shall be performed by contractor(s) approved by the KO. The contractor shall be responsible for the proper handling, containerization, labeling, and storage until removal for disposal.

10.1.2 Debris contaminated with TCLP lead 5 ppm (mg/1) or greater is a hazardous waste. Lead-contaminated debris determined to be a hazardous waste shall be placed in a roll-off, drum, or other container approved for hazardous waste storage. All containers shall be labeled with a hazardous waste label and annotated with the following "lead contaminated debris, EPA D008" IAW RCRA hazardous waste regulations. The Government will dispose all hazardous waste generated. The contractor shall contact the COR to make arrangements for pick-up and disposal of all hazardous waste.

10.1.3 Lead Contaminated Debris (less than 5 ppm TCLP). Lead contaminated debris (less than 5 ppm) is an industrial waste. This type of contaminated debris should be disposed of in a lined landfill (COMAR 26.04.07.19. reference MDE Lead Paint Hazard Fact Sheet #6).

10.2 Demolition of Electrical (PCB) Equipment. Electrical equipment (i.e., transformers, switches, capacitors, ballast, etc.) which contains PCB-contaminated dielectric materials shall be handled as a hazardous waste as required by the TSCA (Toxic Substances Control Act). The contractor shall weigh, containerize, and label all PCB contaminated equipment and debris in accordance with applicable regulations outlined in Section 2 of this specification. PCB contaminated items shall be disposed by the Government, unless written approval has been granted in advance by the KO.

10.3 Demolition of Electrical (Mercury) Equipment. Electrical items (i.e., switches, thermostats, thermometers, bulbs, fluorescent tubes, and other electrical items) containing toxic characteristic leaching procedure (TCLP) mercury in concentrations of 0.20 ppm (parts-per-million) or greater shall be consolidated, containerized, and labeled by the contractor for final disposition by the Government.

10.4 Asbestos Disposal. The contractor shall provide a written disposal plan including transporter and disposal site to the COR for review and approval. There shall be no off-site transportation or disposal of asbestos-containing wastes until the government approves the plan. All completed manifests and bills of lading, and the analytical results of the waste shipped by the approved transporter/disposer shall be returned to the COR within 24 hours of shipment. The signed disposal facility copy shall be returned to the COR within 20 days of shipment.

10.4.1 Asbestos and Lead Paint; (Mixed Waste & Debris). Waste or debris containing both asbestos, and 5 ppm (mg/1) or greater lead determined by the TCLP test, is a mixed RCRA/TSCA waste. It shall be disposed of only at an EPA and/or State-licensed facility which has been approved by the KO. The contractor shall containerize, mark, and stage the waste for government removal. All containers of lead contaminated debris (5 ppm or greater) shall be labeled "Hazardous Waste with TCLP lead D008" IAW, RCRA hazardous waste regulations.

10.5 Demolition of Refrigeration Equipment. The contractor shall not release refrigerants, ozone-depleting substances (ODS), or ozone-depleting chemicals (ODC) to the environment. All service personnel shall have the necessary training and certifications to accomplish such removal actions. All equipment shall meet EPA (40 CFR 82.158(b)(1)) and/or Air Conditioning and Refrigeration Institute (ARI) 740-1993 standards and certifications. All freon shall be recovered for reuse, recovered and recycled for the DOD Reserve Bank, or destroyed in accordance with State and Federal Regulations.

10.6 Contaminated Soil Staging and Disposal. The contractor shall not deposit, spread or dispose of any excavated soils removed from APG contaminated site(s) unless specifically authorized by the KO in writing. The contractor shall comply with all EPA 40 CFR, RCRA Subtitle C, requirements while excavating, transporting, and disposing of contaminated soils. If the work is to be performed on or near a CERCLA (Superfund) site the government will advise the contractor of all applicable work requirements and agreements. Waste analyses (EPA and/or State methods) are required prior to disposal.

10.7 Removal Actions From Non-National Priority List (NPL) Sites. Some areas of Aberdeen, and the entire Edgewood area, are suspected or known contaminated areas. All soils, debris, materials or wastes, that are known to be hazardous waste shall be containerized, stored, transported, and disposed in accordance with COMAR 26.13 and 40 CFR. The 90 day rule applies from the time that the waste is removed from the ground. The contractor shall properly stage and manage the waste while awaiting for government pick-up. The contractor shall expeditiously (within 24 hours) arrange for pick-up through the COR.

10.8 Suspect Hazardous Waste Media and Debris. The 90-day storage/removal rule applies if the removed soils, debris, materials or waste are suspected to be a hazardous waste. The contractor shall properly stage and manage the waste while awaiting composition analyses and government pick-up. The contractor shall expeditiously arrange for pick-up through the COR.

10.9 Media and Debris of Unknown Composition. If the removed soils, debris, materials, or waste are of unknown composition then the 90 day storage requirements begin once the analysis determines the material to be a hazardous waste. Staged materials shall be stored on impervious surfaces in a bermed area with a cover, lined roll-off with cover, or similar covered containment device to protect from exposure to the elements. The storage or staging site shall be inspected and managed to ensure against any leakage or emission. The sampling and analysis will be conducted in a timely manner by the government. For remedial actions conducted under CERCLA, the contractor shall be responsible for this sampling.

10.10 Media and Debris from Installation Restoration Program Sites. All wastes (media and debris) to be staged or removed from any IRP site shall be handled in accordance with state and federal guidance provided in interagency agreements and identified in other specifications of this project. Disposal of media or debris in "corrective action management units - CAMUs" or other approved sites shall be managed in accordance with all applicable Federal and State agreements and regulations. Investigative derived wastes shall be properly containerized, labeled, stored and managed until final disposition. The government will dispose of medias and debris determined to be hazardous waste. Arrangements for disposal shall be made through the COR.

10.11 Contamination Encountered During Construction. Personnel encountering contamination, suspect, or unknown materials in which they are unsure of possible contamination, or actions to take, shall immediately discontinue work in that area and notify the COR or KO. Work may resume after identification of the material, or the government takes appropriate actions and notifies the contractor of work restraints, if any, caused by the material.

10.12 Industrial Waste. Contractor generated industrial waste shall not be stockpiled on-site for more than thirty days.

10.13 Liquid Stripper Waste. Liquid wastes (from stripping lead paints etc.) shall be containerized in compatible containers, marked as hazardous waste and labeled as to the actual contents IAW, RCRA hazardous waste regulations.

11.0 SEWER DISCHARGES. Analyses shall be performed by the contractor to determine the composition of all media that are proposed for discharge to the sewer system in order to assure that the discharge is within APG permit parameters. The contractor's laboratory shall meet the requirements of Section 17 of this specification. The government reserves the right to verify analytical results of contract laboratories. The contractor shall obtain written approval through the COR prior to any discharge into the sewer system.

11.1 Sterilization/Disinfection. Waters with detectable chlorine shall not be discharged to the waters of the State (the State includes groundwater and surface waters as waters of the State).

12.0 QUARANTINED AREA BY DEPARTMENT OF AGRICULTURE. The installation is within an area that has been quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The contractor shall thoroughly clean all soil residues from all vehicles and construction equipment at the construction site by pressure washer or other methods that will assure complete removal. Water use will be restricted to the minimum to clean a vehicle. Non-chlorinated water from washing shall stay on site and not be allowed to run-off to waters of the State. Chlorinated wash waters shall be diverted to a sanitary sewer. The contractor shall make arrangements and obtain written authorization through the COR to use wash racks on post. Hand tools shall be thoroughly cleaned by brush or other means to remove all soils. Transporting and disposal of soils and related debris will be in accordance with quarantine requirements.

13.0 HISTORICAL SIGNIFICANCE AND UNEARTHING OF ARTIFACTS.

If artifacts or items of significance are unearthed or discovered during construction the contractor shall cease the action and immediately notify the COR. It is a federal offense for unauthorized person(s) to recover artifacts from federal property.

13.1 The contractor shall not modify, alter, or demolish a historical structure or area without the written consent of the KO.

14.0 PROHIBITED MATERIALS DURING CONSTRUCTION AND RENOVATIONS, POLLUTION PREVENTION. Materials, items, and equipment used for construction and renovations shall not be of a nature that they cause environmental damage, contribute to future environmental concerns or disposal problems.

14.1 Dielectric Fluid Containing Electrical Equipment. The contractor shall not install any new electrical equipment (capacitors, lighting, ballasts, etc.) that contains PCBs. All such equipment shall be permanently labeled by the manufacturer as PCB free.

14.2 Lighting. Fluorescent Lamps, and HID lights when tested for disposal will typically exceed the TCLP limit for mercury, and are hazardous waste (OSWER, EPA,DC., letter dated 7 Dec 1992; and report dated 14 May 1993). All fluorescent lamps, HID lights, and bulbs shall be permanently labeled by the manufacturer as "Containing Mercury" or "Mercury-Free." Mercury containing items shall be returnable to the manufacturer for regeneration or recycling.

14.3 Paint (Protective Coating). Paints shall meet the APG, EPA, Industry, Green Seal GS-03 Standard.

(a) The product may contain no more than 1.0% by weight of the sum total of aromatic compounds.

(b) The following chemical compounds are not permitted as ingredients: acrolein, acrylonitrile, antimony, benzene, butyl benzyl phthalate, cadmium, 1,2-dichlorobenzene, diethyl phthalate, di(2-ethylhexyl) phthalate, dimethyl phthalate, di-n-butyl phthalate, di-n-octyl phthalate, ethyl- benzene, formaldehyde, hexavalent chromium, isophorone, lead, mercury, methyl ethyl ketone, methyl isobutyl ketone, methylene chloride, naphthalene, toluene (methylbenzene), 1,1,1-trichloro-ethane, and/or vinyl chloride.

(c) Packaging. The paint cans and their components shall not be fabricated with lead.

14.4 Asbestos Restrictions. Asbestos containing materials shall not be installed.

Where matching existing material is required (i.e. roof corrugated sheeting, building siding), equivalent concrete based or other equal substitutes shall be used.

14.5 Solder and Flux. Solder and flux shall be heavy metal free (i.e., lead, cadmium, silver, etc.) to the greatest extent possible.

15.0 RADIATION EMITTING EQUIPMENT. Written approval shall be obtained by the contractor in advance of bringing any radiation source onto APG. All radiation emitting equipment, sources, materials, etc. shall be properly, registered and licensed. This approval process shall be coordinated through the COR. All sources brought onto the installation by the contractor for the performance of the contract shall have the KO’s written approval and comply with AR 385-11, and APGR 385-3.

16.0 ENVIRONMENTAL PERMITS. The contractor shall not proceed with the construction, renovation, or modifications until all regulatory required approvals and permits are obtained. Any penalties, fines or costs resulting from stop work orders due to actions proceeding without approval or permits shall be assessed against the contractor.

16.1 RCRA Permitted Facilities. Any modifications, upgrades, additions, changes to a RCRA permitted facility requires State notification. This work shall not be performed until the State approval is received.

16.2 Underground Storage Tanks and Associated System Components. The contractor shall notify the COR prior to this work being performed. If the installation or maintenance of fuel lines involve the connection to the underground piping or changes to the UST system, or system installation, a Maryland certified installer is required to be present on site. The connections shall be made in accordance with COMAR 26.10 and, after completion the complete system shall be precision tested IAW a State approved method.

16.3 RCRA Waste Holding Tanks. RCRA storage or treatment tanks that are exempt from RCRA permitting requirements shall be State registered (COMAR 26.13.03.05.E(1)(i)) prior to placement into service. The contractor shall provide the following data to the COR.

- Date of installation.

- Secondary containment capacity.

- Whether the tank is an above-ground, on-ground tank, or underground tank.

- For underground tanks, whether the tank can be entered for inspection.

- Chemical name, CAS number and/or waste code(s) of each hazardous material or hazardous waste stored/managed in the tank.

16.4 Hazardous Area Work Permits or Site Specific Health and Safety Plans.

Hazardous materials may be encountered at work sites at APG. These may include, but are not limited to, chemical surety materials, hazardous chemicals, carcinogens, asbestos, explosives, radioactive materials, UXO's, etc. If hazardous or suspect materials are encountered, contractor personnel shall immediately discontinue work in that area and notify the COR or the KO.

Where work sites are in areas known or suspected to contain hazardous materials, a Hazardous Area Work Permit (HAWP) will be included in the Statement of Work.

The contractor shall also develop a Site Specific Health and Safety Plan prior to initiating work on the site. These permits will indicate the type of hazard and the special requirements to be followed in the work area. A copy of the permit(s) shall be posted by the contractor in the full view at the work site. The contractor shall be responsible to inform all his personnel and assure they conform to all special requirements directed by the permit(s). Non-conformance will result in a stop work order until the situation is corrected to the satisfaction of the KO, at no additional cost to the Government.

16.4.1 The work site is not known or suspected to contain hazardous materials if a HAWP, requirement for a safety and health plan, excavation permit, or statement regarding hazardous materials is not included in the Statement of Work. However, during operations such as excavation or demolition, hazardous materials may be encountered. Contractor personnel encountering hazardous, suspect, or unknown materials in which they are unsure of possible contamination or actions to take, shall immediately discontinue work in that area and notify the COR or KO. Work may resume after identification of the material or the government takes appropriate actions and notifies the contractor of work restraints, if any, caused by the material.

16.5. National Environmental Policy Act (NEPA). The contractor shall verify that a approved NEPA document, either a written "Categorical Exclusion (CX)" or Record of Environmental Consideration (REC), Environmental Assessment (EA), or an Environmental Impact Statement (EIS) is provided with the "notice to proceed."

17.0. CONTRACTOR'S SUPPLIED SAMPLING AND ANALYSIS SERVICES. All sampling and analysis laboratories shall be EPA and/or State certified and licensed. In some instances other Federal Agency or national certification may apply. All Army Corps of Engineers (ACOE) managed projects shall require ACOE Certification. The laboratory shall submit the QA/QC plan, Health and Safety Plan, Sampling and Analysis Plan/EPA methods/SOPs, certifications and accreditation to the COR. The contractor shall have written approval prior to use of a laboratory for sampling or analysis.

END OF SECTION