Environmental_Policies_and_Controls.docx

Environmental Policies and Controls WVA 01 57 19 7 July 2023

ENVIRONMENTAL WORK & PPE

The Contractor, and his subcontractors, must always perform in a prudent, conscientious, safe, and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and/or packaging hazardous and non-hazardous environmental waste be trained for the level of expertise required for the proper performance of the task and 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. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

ENVIRONMENTAL PROTECTION

a. The Contractor is responsible Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. The Contractor shall comply with federal, state, and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

b. Tests and procedures assessing whether construction operations comply with Applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.

ENVIRONMENTAL MANAGEMENT

The Contractor shall perform work in a manner that conforms to objectives and targets of the environmental programs and operational controls identified by the EMS. Support Government personnel when environmental compliance and EMS audits are conducted by escorting auditors at the Project site, answering questions, and providing proof of records being maintained. Provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, take corrective and preventative actions. In addition, employees must be aware of their roles and responsibilities under the installation EMS and of how these EMS roles and responsibilities affect work performed under the contract.

FACILITIES AND WORK AREAS

The Contractor shall place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Move or relocate the Contractor facilities only when approved by the Government. Provide erosion and sediment controls for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Control temporary excavation and embankments for plant or work areas to protect adjacent areas.

SPILL RESPONSIBILITY

a. The Contractor is solely responsible for cleanup of all spills or leaks during the performance of this contract that occur because of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Government and in a manner that complies with applicable local, state, and Federal laws and regulations. The clean-up shall be at no cost to the Government.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR immediately upon discovery. A written follow-up report shall be submitted to the COR 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 COR.

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

SEGREGATION OF HAZARDOUS WASTE

a. All waste items collected on this contract must be segregated and kept physically separate from any other waste items. All wastes must be properly containerized and labeled. Waste containers are to be supplied by the Contractor and must be designed for the waste type being disposed of according to all Federal, State and Local laws. In the event the waste classification is unknown prior to containerization, the container must be marked “under analysis”. All waste must be properly sampled and characterized at the Contractors expense, with copies of all analytical submitted to the Environmental Department within 24 hours of receipt. Any waste characterized as Hazardous Waste must be properly labeled and will be relocated to the WVA RCRA Storage Area by Government employees or its’ Hazardous Waste Contractor under separate contract.

b. All waste items must be so marked, that they are readily identified to this contract throughout the process. In addition, the Contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

c. The Contractor is responsible for proper disposal of all samples.

DUST CONTROL

The Contractor shall always keep dust down, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. Dry power brooming will not be permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming. Air blowing will be permitted only for cleaning nonparticulate debris such as steel reinforcing bars. Only wet cutting will be permitted for cutting concrete blocks, concrete, and bituminous concrete. Do not unnecessarily shake bags of cement, concrete mortar, or plaster. Since these products contain Crystalline Silica, comply with the applicable OSHA standard, 29 CFR 1910.1053 or 29 CFR 1926.1153 for controlling exposure to Crystalline Silica Dust.

PARTICULATES

Dust particles, aerosols and gaseous by-products from construction activities, and processing and preparation of materials (such as from asphaltic batch plants) must be always controlled, including weekends, holidays, and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates that would exceed 40 CFR 50, state, and local air pollution standards or that would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators, or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated to keep the disturbed area damp. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with state and local visibility regulations.

ODORS

The Contractor shall control odors from construction activities. The odors must comply with state regulations and local ordinances and may not constitute a health hazard.

EXCAVATION

If soil is to be reused onsite, sampling is not required unless otherwise directed. Excavated soil may be reused within the construction site with no testing necessary. Soil may be stockpiled until the end of the project, then reused as much as possible prior to sampling and analysis for residual soil to be disposed. Store in a manner that prevents rain from infiltrating the soil matrix and preventing runoff into the surrounding soil or pavement (for example, store the soil on top of plastic sheets and covered with plastic sheets or store in lined, covered dumpsters). If the soil is going to be relocated or disposed outside the construction site, sampling and analysis is required. Contact the Project COR prior to disposal to determine the appropriate sampling and test parameter. Soil disposal requirements will depend on test results.

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.

NON-COMPLIANCE NOTIFICATIONS

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with federal, state, or local environmental laws or regulations, permits, and other elements of the Contractor or Contractor's Environmental Protection Plan (EPP). After receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. FAR 52.242-14 Suspension of Work provides that a suspension, delay, or interruption of work due to the fault or negligence of the Contractor allows for no adjustments to the contract for time extensions or equitable adjustments. In addition to a suspension of work, the Contracting Officer may use additional authorities under the contract or law.

WASTE DISPOSAL REQUIREMENTS AND DOCUMENTATION

a. The Contractor shall not, under any circumstances, transport or dispose of any Hazardous Waste from the WVA. Non-RCRA regulated (Non-Hazardous) waste will be properly disposed of by the Contractor, at the Contractor’s expense. 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 of such wastes.

b. The Contractor shall pay all fees, surcharges, fines, or civil penalties resulting from errant or illegal waste profiling, packaging, labeling, documentation, transport, or disposal of any waste from the project. The Contractor shall contact the Environmental Department immediately upon learning of any of the above.

c. All references to manifests in this provision relate to the “appropriate shipping paper” as required. The Contractor shall obtain and prepare all manifests, required for acceptance of waste into a Qualified Facility, 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. Prior to removal from the site, completed copies of all manifests shall be furnished to the Environmental Office. Disposal receipts and/or recycling receipts shall be submitted to the Environmental Office within 24 hrs. of receipt by Contractor. Each manifest, as well as all other documentation required herein, shall be clearly and distinctly marked with the generator 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. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document.

d. The Contractor shall notify the Environmental Department at least five (5) business days BEFORE attempting analysis or pickups of any waste for disposal.

(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 Environmental Department at least 24-hours prior to removal.

(2) If a driver, other than the one specified 24-hours in advance for the specific Task Order, 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.

e. The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance if the contractor fails to meet the above applicable notification of waste removal from the pick-up location.

f. Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions.

WASTEWATER DISPOSAL

The Contractor shall not allow wastewater from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, and forms to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction- related wastewater off-Government property in accordance with 40 CFR 403, state, regional, and local laws and regulations.

GOVERNMENT EQUIPMENT AND PERSONNEL

The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The Contractor understands that 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 scales.

LOADING

a. 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.

b. Unless otherwise provided in the contract, loading will not 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, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor.

STORMWATER

The Contractor shall not discharge stormwater from construction sites to the sanitary sewer. If the water is noted or suspected of being contaminated, it may only be released to the storm drain system if the discharge is specifically permitted. Obtain authorization in advance from the Installation Environmental Office for any release of contaminated water.

STORMWATER POLLUTION PREVENTION PLAN

The Contractor shall submit a project-specific Stormwater Pollution Prevention Plan (SWPPP) to the Contracting Officer for approval, within 7 days after Contract Award and prior to the commencement of work. The SWPPP must meet the requirements of 40 CFR 122.26 for stormwater discharges from construction sites.

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 will be agreed upon by both the Contractor and the Government representative at the time of removal. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the Contractor. Prior to the use of portable scales at the 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.

PREVIOSULY USED EQUIPMENT

The Contractor shall clean previously used construction equipment prior to bringing it onto the project site. Equipment must be free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the U.S. Department of Agriculture jurisdictional office for additional cleaning requirements.

CLEANUP

The Contractor shall clean up areas used for construction in accordance with Contract Clause: "Cleaning Up". Unless otherwise instructed in writing by the Contracting Officer, remove traces of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. Grade parking area and similar temporarily used areas to conform with surrounding contours.