Amendment 0004 Spec Section 01 57 20.00 10.pdf

DSH New Mooring Cell and Waterways Danger Sign

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Surface Discharge

1.2.6 Waters of the United States

1.2.7 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 WATER RESOURCES

3.2.1 Wastewater

3.3 AIR RESOURCES

3.3.1 Particulates

3.3.2 Hydrocarbons and Carbon Monoxide

3.3.3 Odors

3.3.4 Sound Intrusions

3.3.5 Burning

3.3.6 Monitoring of Air Quality

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Fuel and Lubricants

3.4.3 Waste Water

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.7 PREVIOUSLY USED EQUIPMENT

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3.8 INSPECTION

3.9 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.10 TRAINING OF CONTRACTOR PERSONNEL

3.11 POST CONSTRUCTION CLEANUP

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SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. AIR FORCE (USAF)

AFI 32-1053

U.S. ARMY (DA)

DA AR 200-5

(2009) Integrated Pest Management Program

(1999) Pest Management

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1

WETLAND MANUAL

(2014) Safety and Health Requirements Manual

Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328

40 CFR 152 - 186

40 CFR 260

40 CFR 261

40 CFR 262

40 CFR 279

40 CFR 302

40 CFR 355

40 CFR 68

49 CFR 171 - 178

Definitions of Waters of the United States

Pesticide Programs

Hazardous Waste Management System: General

Identification and Listing of Hazardous Waste

Standards Applicable to Generators of Hazardous Waste

Standards for the Management of Used Oil

Designation, Reportable Quantities, and Notification

Emergency Planning and Notification

Chemical Accident Prevention Provisions

Hazardous Materials Regulations

SECTION 01 57 20.00 10 Page 3

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2 .2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction.

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2 .3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2 .4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations.

1.2 .5 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

1.2 .6 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.2. 7 Wetlands

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for

SECTION 01 57 20.00 10 Page 4 life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, RO

The environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental

SECTION 01 57 20.00 10 Page 5

Protection Plan must be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

Include in the environmental protection plan, but not limit it to, the following:

a. Name(s) of person(s) within the Contractor's organization who is (are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. Drawings showing locations of proposed material storage areas, structures and sanitary facilities.

f. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

g. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. Include in this plan, as a minimum:

1). The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the Contracting Officer and the local Fire Department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

2). The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

3). Training requirements for Contractor's personnel and methods

SECTION 01 57 20.00 10 Page 6 of accomplishing the training.

4). A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

5). The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

6). The methods and procedures to be used for expeditious contaminant cleanup.

k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal.

1). All disposal materials must be taken to a Properly Permitted Commercially Available Disposal Facility. Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites.

2). Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction.

Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted (e.g.

the first working day of January, April, July, and October).

3). Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

4). A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

m. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

n. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

o. A waste water management plan that identifies the methods and

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1.7.3 procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water and clean-up water. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

p. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site:

and/or identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction. Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

Appendix

Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 PROTECTION FEATURES

This paragraph supplements Section ~00 70 00 CONTRACT CLAUSES 52.236-9

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report will be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the work under the contract.

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

Fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spills and evaporation. Lubricants and waste oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with Federal, State, and local laws and regulations. Painting and application of polymer repair material, including use of solvents for surface preparation, shall be conducted in a manner that prevents the materials from entering the water. During consolidation and densification of the new fill material, the Contractor shall provide a sedimentation curtain to contain fine soils which may be forced through the sheet piles and contaminate the river water. The Contractor shall implement best

SECTION 01 57 20.00 10 Page 8 management practices during the curing process of the concrete cap, including application of water away from the river toward the center of the mooring cell to prevent runoff from entering the river and the utilization of wet blankets to maintain moisture and to prevent the discharge of water into the river. The Contractor shall utilize temporary formwork as necessary to ensure that concrete does not spill into the Ohio River.

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations from the drawings, plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.11 NOTIFICATION

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's Environmental Protection plan. After receipt of such notice, the Contractor will 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. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under Section -G-9-!7-9-GOO 70 00 CONTRACT CLAUSES 52.236-7 PERMITS AND RESPONSIBILITIES to the extent that the Government has already obtained environmental permits. The Contractor shall be responsible for obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations.

3.2 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.2.1 Wastewater

Wastewater directly derived from construction activities shall not be

SECTION 01 57 20.00 10 Page 9 discharged before being treated to remove pollutants. Wastewater shall be treated in accordance with paragraph 3.4.3 Waste Water.

3.3 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.3.1 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 controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which 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 at all times. 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 all State and local visibility regulations.

3.3.2 Hydrocarbons and Carbon Monoxide

Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and state allowable limits at all times.

3.3.3 Odors

Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and/or local ordinances and may not constitute a health hazard.

3.3.4 Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize environment damage by noise. The Contractor shall comply with the provisions of the Commonwealth of Pennsylvania rules.

3.3.5 Burning

Burning shall be prohibited on the Government premises.

3.3.6 Monitoring of Air Quality

Monitoring of air quality shall be the responsibility of the Contractor.

All air areas affected by the construction activities shall be kept under surveillance by the Contractor to prevent violation of the Commonwealth of Pennsylvania Air Pollution Control Law, and local regulations.

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

SECTION 01 57 20.00 10 Page 10

3.4.1 Solid Wastes

Place solid wastes in containers which are emptied on a regular schedule.

Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste. Transport solid waste off Government property and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill will be the minimum acceptable offsite solid waste disposal option. Verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate. Comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.4.2 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel on the project site is not allowed. Fuel must be brought to the project site each day that work is performed.

3.4.3 Waste Water

Disposal of waste water will be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related waste water off-Government property in accordance with all Federal, State, Regional and Local laws and regulations or by collecting and placing it in a retention pond where suspended material can be settled out and/or the water can evaporate to separate pollutants from the water.

3.5 RECYCLING AND WASTE MINIMIZATION

Participate in State and local government sponsored recycling programs.

The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

The Contractor shall exercise care and caution in the performance of all work requirements under this contract so as to minimize, to the greatest extent possible, impacts to the historic property. If during excavation or other construction activities any previously unidentified or unanticipated historical and cultural resources are discovered or found, all activities that may damage or alter such resources shall be temporarily suspended. Upon such discovery or find, the Contractor shall immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be

SECTION 01 57 20.00 10 Page 11 made.

3.7 PREVIOUSLY USED EQUIPMENT

Clean all previously used construction equipment prior to bringing it onto the project site.

3.8 INSPECTION

If the Contracting Officer notifies the Contractor in writing of any observed noncompliance with contract requirements or Federal, State, or local laws, regulations, or permits, the Contractor shall inform the Contracting Officer of proposed corrective action and take such action to correct the noncompliance. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action is taken. No time extensions will be granted or costs or damages allowed to the Contractor for any such suspension.

3.9 MAINTENANCE OF POLLUTION CONTROL FACILITIES

The Contractor shall maintain all constructed pollution control facilities and portable pollution control devices for the duration of the Contract or for the length of time construction activities create the particular pollutant.

3.10 TRAINING OF CONTRACTOR PERSONNEL

Contractor personnel shall be trained in environmental protection and pollution control. The Contractor shall conduct environmental protection/pollution control meetings for all Contractor personnel quarterly. The training and meeting agenda shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, installation and care of facilities (vegetative covers, etc.), and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control. Anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants, shall also be discussed.

3.11 POST CONSTRUCTION CLEANUP

The Contractor shall clean up all areas used for construction in accordance with Section ~00 70 00 CONTRACT CLAUSES 52.236-12 CLEANING UP. The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as work area structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work.

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