01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS.pdf

FY21 Duluth-Superior Maintenance Dredging FY21MDDULSUPHARB

CERTIFIED FINAL - READY TO ADVERTISE

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Contractor Generated Hazardous Waste

1.2.2 Electronics Waste

1.2.3 Environmental Pollution and Damage

1.2.4 Environmental Protection

1.2.5 Hazardous Debris

1.2.6 Hazardous Materials

1.2.7 Hazardous Waste

1.2.8 Land Application

1.2.9 Municipal Separate Storm Sewer System (MS4) Permit

1.2.10 National Pollutant Discharge Elimination System (NPDES)

1.2.11 Oily Waste

1.2.12 Regulated Waste

1.2.13 Sediment

1.2.14 Solid Waste

1.2.14.1 Debris

1.2.14.2 Green Waste

1.2.14.3 Material not regulated as solid waste

1.2.14.4 Non-Hazardous Waste

1.2.14.5 Surplus Soil

1.2.14.6 Scrap Metal

1.2.14.7 Wood

1.2.15 Surface Discharge

1.2.16 Wastewater

1.2.16.1 Stormwater

1.2.17 Waters of the United States

1.2.18 Wetlands

1.2.19 Universal Waste

1.3 SUBMITTALS

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.5.1 Control of Non-Indigenous Aquatic Nuisance Species

1.6 QUALITY ASSURANCE

1.6.1 Environmental Brief

1.6.2 Non-Compliance Notifications

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

1.7.1.2 Duties

1.7.1.3 Procedures

1.7.1.4 Communications

1.7.1.5 Contact Information

1.7.2 General Site Information

SECTION 01 57 19 Page 1

1.7.2.1 Drawings

1.7.2.2 Work Area

1.7.3 Management of Natural Resources

1.7.4 Protection of Historical and Archaeological Resources

1.7.5 Stormwater Management and Control

1.7.6 Protection of the Environment from Waste Derived from

Contractor Operations

1.7.7 Prevention of Releases to the Environment

1.7.8 Regulatory Notification and Permits

1.7.9 Clean Air Act Compliance

1.7.9.1 Haul Route

1.7.9.2 Pollution Generating Equipment

1.8 LICENSES AND PERMITS

1.9 Solid Waste Management Report

1.10 REGULATORY REQUIREMENTS

1.10.1 Work Subject to the Clean Water Act, Section 401(a)

1.10.2 Additional Work Proposed and Not Authorized

1.10.2.1 Work Subject to 33 CFR 320-330

1.10.2.2 Work Subject to 40 CFR 233

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

3.1.1 Protection of Birds

3.1.2 Allowed and Prohibited Dredging and Placement Periods

3.1.3 Flow Ways

3.1.4 Vegetation

3.1.5 Streams

3.2 STORMWATER

3.2.1 Construction General Permit

3.2.1.1 Stormwater Pollution Prevention Plan

3.2.1.2 Stormwater Notice of Intent for Construction Activities

3.2.1.3 Inspection Reports

3.2.1.4 Stormwater Pollution Prevention Plan Compliance Notebook

3.2.1.5 Stormwater Notice of Termination for Construction Activities

3.2.2 Erosion and Sediment Control Measures

3.2.3 Work Area Limits

3.2.4 Contractor Facilities and Work Areas

3.2.5 Municipal Separate Storm Sewer System (MS4) Management

3.3 PROTECTION OF CULTURAL RESOURCES

3.3.1 Archaeological Resources

3.4 AIR RESOURCES

3.4.1 Burning

3.4.2 Accidental Venting of Refrigerant

3.4.3 EPA Certification Requirements

3.4.4 Dust Control

3.4.4.1 Particulates

3.4.5 Odors

3.5 WASTE MINIMIZATION

3.5.1 Salvage, Reuse and Recycle

3.6 WASTE MANAGEMENT AND DISPOSAL

3.6.1 Waste Determination

3.6.2 Solid Waste Management

3.6.2.1 Solid Waste Management Report

3.6.2.2 Control and Management of Solid Wastes

3.6.3 Control and Management of Hazardous Waste

SECTION 01 57 19 Page 2

3.6.3.1 Hazardous Waste Disposal

3.6.3.2 Universal Waste Management

3.6.3.3 Electronics End-of-Life Management

3.6.3.4 Disposal Documentation for Hazardous and Regulated Waste

3.6.4 Releases/Spills of Oil and Hazardous Substances

3.6.4.1 Response and Notifications

3.6.4.2 Clean Up

3.7 HAZARDOUS MATERIAL MANAGEMENT

3.8 PREVIOUSLY USED EQUIPMENT

3.9 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

3.9.1 Used Oil Management

3.9.2 Oil Storage Including Fuel Tanks

3.10 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 19 Page 3

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

33 CFR 320-330 General Regulatory Policies, Permits, Enforcement and Definitions

40 CFR 112 Oil Pollution Prevention

40 CFR 122.26 Storm Water Discharges (Applicable to State NPDES Programs, see section 123.25)

40 CFR 233 State Program Regulations

40 CFR 241 Guidelines for Disposal of Solid Waste

40 CFR 243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards For Universal Waste Management

40 CFR 273.2 Standards for Universal Waste Management - Batteries

40 CFR 273.4 Standards for Universal Waste Management - Mercury Containing Equipment

40 CFR 273.5 Standards for Universal Waste Management - Lamps

SECTION 01 57 19 Page 4

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 300.125 National Oil and Hazardous Substances Pollution Contingency Plan - Notification and Communications

40 CFR 355 Emergency Planning and Notification

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 64 Compliance Assurance Monitoring

49 CFR 171 General Information, Regulations, and Definitions

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

1.2 DEFINITIONS

1.2.1 Contractor Generated Hazardous Waste

Contractor generated hazardous waste is 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), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.2.2 Electronics Waste

Electronics waste is discarded electronic devices intended for salvage, recycling, or disposal.

1.2.3 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 or historically.

1.2.4 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

SECTION 01 57 19 Page 5 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.

1.2.5 Hazardous Debris

As defined in paragraph SOLID WASTE, debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) in accordance with 40 CFR 261. Hazardous debris also includes debris that exhibits a characteristic of hazardous waste in accordance with

40 CFR 261.

1.2.6 Hazardous Materials

Hazardous materials as defined in 49 CFR 171 and listed in 49 CFR 172.

Hazardous material is any material that: Is regulated as a hazardous material in accordance with 49 CFR 173; or requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.120; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste as defined by 40 CFR 261 Subparts A, B, C, or D.

Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance which takes precedence over this section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.2.7 Hazardous Waste

Hazardous Waste is any material that meets the definition of a solid waste and exhibit a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261, Subpart C, or contains a listed hazardous waste as identified in 40 CFR 261, Subpart D.

1.2.8 Land Application

Land Application means spreading or spraying discharge water at a rate that 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.

Comply with federal, state, and local laws and regulations.

1.2.9 Municipal Separate Storm Sewer System (MS4) Permit

MS4 permits are those held to obtain NPDES permit coverage for their stormwater discharges.

1.2.10 National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

SECTION 01 57 19 Page 6

1.2.11 Oily Waste

Oily waste are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from that POLs. Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount); it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.2.12 Regulated Waste

Regulated waste are solid wastes that have specific additional federal, state, or local controls for handling, storage, or disposal.

1.2.13 Sediment

Sediment is soil and other debris that have eroded and have been transported by runoff water or wind.

1.2.14 Solid Waste

Solid waste is a solid, liquid, semi-solid or contained gaseous waste. A solid waste can be a hazardous waste, non-hazardous waste, or non-Resource Conservation and Recovery Act (RCRA) regulated waste. Types of solid waste typically generated at construction sites may include:

1.2.14.1 Debris

Debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 2.5-inch particle size that is: a manufactured object; plant or animal matter; or natural geologic material (for example, cobbles and boulders), broken or removed concrete, masonry, and rock asphalt paving; ceramics; roofing paper and shingles. Inert materials may not be reinforced with or contain ferrous wire, rods, accessories and weldments. A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.2.14.2 Green Waste

Green waste is the vegetative matter from landscaping, land clearing and grubbing, including, but not limited to, grass, bushes, scrubs, small trees and saplings, tree stumps and plant roots. Marketable trees, grasses and plants that are indicated to remain, be re-located, or be re-used are not

SECTION 01 57 19 Page 7 included.

1.2.14.3 Material not regulated as solid waste

Material not regulated as solid waste is nuclear source or byproduct materials regulated under the Federal Atomic Energy Act of 1954 as amended;

suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

1.2.14.4 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 263.

1.2.14.5 Surplus Soil

Surplus soil is existing soil that is in excess of what is required for this work, including aggregates intended, but not used, for on-site mixing of concrete, mortars, and paving. Contaminated soil meeting the definition of hazardous material or hazardous waste is not included and must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.2.14.6 Scrap Metal

This includes scrap and excess ferrous and non-ferrous metals such as reinforcing steel, structural shapes, pipe, and wire that are recovered or collected and disposed of as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

1.2.14.7 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard.

Treated or painted wood that meets the definition of lead contaminated or lead based contaminated paint is not included. Treated wood includes, but is not limited to, lumber, utility poles, crossties, and other wood products with chemical treatment.

1.2.15 Surface Discharge

Surface discharge means discharge of water into drainage ditches, storm sewers, creeks or "waters of the United States". Surface discharges are discrete, identifiable sources and require a permit from the governing agency. Comply with federal, state, and local laws and regulations.

1.2.16 Wastewater

Wastewater is the used water and solids from a community that flow to a treatment plant.

1.2.16.1 Stormwater

Stormwater is any precipitation in an urban or suburban area that does not evaporate or soak into the ground, but instead collects and flows into storm drains, rivers, and streams.

SECTION 01 57 19 Page 8

1.2.17 Waters of the United States

Waters of the United States means Federally jurisdictional waters, including wetlands, that are subject to regulation under Section 404 of the Clean Water Act or navigable waters, as defined under the Rivers and Harbors Act.

1.2.18 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.2.19 Universal Waste

The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, pesticides, mercury-containing equipment (for example, thermostats), and lamps (for example, fluorescent bulbs). The rule is designed to reduce hazardous waste in the municipal solid waste (MSW) stream by making it easier for universal waste handlers to collect these items and send them for recycling or proper disposal. These regulations can be found at

40 CFR 273.

1.3 SUBMITTALS

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

submittals not having a "G" designation are for Contractor Quality Control approval. 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 and as applicable, paragraph titled 'LICENSES AND PERMITS' in this specification section:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, AOF

Stormwater Notice of Intent (for NPDES coverage under the general permit for construction activities) See paragraph "STORMWATER"

Dirt and Dust Control Plan

SD-06 Test Reports

Inspection Reports (See paragraph "STORMWATER")

SD-11 Closeout Submittals

Stormwater Pollution Prevention Plan Compliance Notebook

Stormwater Notice of Termination (for NPDES coverage under the general permit for construction activities)

Disposal Documentation for Hazardous and Regulated Waste; G, AOF

Solid Waste Management Report; G, AOF

SECTION 01 57 19 Page 9

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

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. 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.

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.

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.5.1 Control of Non-Indigenous Aquatic Nuisance Species

The Contractor shall conduct diligent operating practices to prevent the spread of Aquatic Nuisance Species (ANS) from one location to another on the Great Lakes, or from one waterbody to another. Such practices shall include, but not be limited to, cleaning equipment and watercraft (prior to it's being brought to the project site and prior to its removal when no longer needed at the site) to prevent the spread of seeds, eggs, larvae, soil, plant material, or other dispersal vectors; and discharging or exchanging ballast water or other water from a vessel of any type per applicable federal, state and local laws, regulations and ordinances.

1.6 QUALITY ASSURANCE

1.6.1 Environmental Brief

Attend an environmental brief to be included in the preconstruction meeting. Provide the following information: types and quantities of wastes/wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

Prior to initiating any work on site, meet with the Contracting Officer to discuss the proposed Environmental Protection Plan (EPP). Develop a mutual understanding relative to the details of environmental protection, including measures for protecting natural and cultural resources, required reports, required permits, permit requirements (such as mitigation measures), and other measures to be taken.

1.6.2 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's 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. No time

SECTION 01 57 19 Page 10 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.

1.7 ENVIRONMENTAL PROTECTION PLAN

The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to be taken. Meet with the Contracting Officer or Contracting Officer Representative to discuss the EPP and develop a mutual understanding relative to the details for environmental protection including measures for protecting natural resources, required reports, and other measures to be taken. Submit the EPP within 15 calendar days after notice to proceed and not less than 10 calendar days before the preconstruction meeting. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

The EPP includes the following elements:

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as stormwater pollution prevention plan, spill control plan, solid waste management plan, wastewater management plan, contaminant prevention plan, a historical, archaeological, cultural resources, biological resources and wetlands plan, traffic control plan, Hazardous, Toxic and Radioactive Waste (HTRW) Plan.

1.7.1.2 Duties

The duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.

1.7.1.3 Procedures

A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

1.7.1.4 Communications

Communication and training procedures that will be used to convey environmental management requirements to Contractor employees and

SECTION 01 57 19 Page 11 subcontractors.

1.7.1.5 Contact Information

Emergency contact information, contact information (office phone number, cell phone number, and e-mail address).

1.7.2 General Site Information

1.7.2.1 Drawings

Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil.

1.7.2.2 Work Area

Work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse. Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site, and a traffic control plan.

1.7.3 Management of Natural Resources

a. Land resources

b. Tree protection

c. Replacement of damaged landscape features

d. Temporary construction

e. Stream crossings

f. Fish and wildlife resources

g. Wetland areas

1.7.4 Protection of Historical and Archaeological Resources

a. Objectives

b. Methods

1.7.5 Stormwater Management and Control

a. Ground cover

b. Erodible soils

c. Temporary measures

(1) Structural Practices

(2) Temporary and permanent stabilization

d. Effective selection, implementation and maintenance of Best Management

SECTION 01 57 19 Page 12

Practices (BMPs).

1.7.6 Protection of the Environment from Waste Derived from Contractor Operations

Control and disposal of solid and sanitary waste. Control and disposal of hazardous waste.

This item consist of the management procedures for hazardous waste to be generated. As a minimum, include the following:

a. List of the types of hazardous wastes expected to be generated

b. Procedures to ensure a written waste determination is made for appropriate wastes that are to be generated

c. Sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications

d. Methods and proposed locations for hazardous waste accumulation/storage (that is, in tanks or containers)

e. Management procedures for storage, labeling, transportation, and disposal of waste (treatment of waste is not allowed unless specifically noted)

f. Management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions (40 CFR 268)

g. Management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, and similar

h. Used oil management procedures in accordance with 40 CFR 279; Hazardous waste minimization procedures

i. Plans for the disposal of hazardous waste by permitted facilities; and Procedures to be employed to ensure required employee training records are maintained.

j. For additional debris management requirements, refer to specification section 01 35 13 paragraph titled "DEBRIS MANAGEMENT."

1.7.7 Prevention of Releases to the Environment

Procedures to prevent releases to the environment

Notifications in the event of a release to the environment

1.7.8 Regulatory Notification and Permits

List what notifications and permit applications must be made. Demonstrate that those permits have been obtained or applied for by including copies of applicable environmental permits. The EPP will not be approved until the permits have been obtained.

SECTION 01 57 19 Page 13

1.7.9 Clean Air Act Compliance

1.7.9.1 Haul Route

Submit truck and material haul routes along with a Dirt and Dust Control Plan for controlling dirt, debris, and dust. As a minimum, identify in the plan the subcontractor and equipment for cleaning along the haul route and measures to reduce dirt, dust, and debris from roadways.

1.7.9.2 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act. Provide a list of all fixed or mobile equipment, machinery or operations that could generate air emissions during the project to the Contracting Officer's Representative.

1.8 LICENSES AND PERMITS

Obtain licenses and permits required for the construction of the project and in accordance with clause 52.236-7 PERMITS AND RESPONSIBILITIES.

Notify the Government of all general use permitted equipment the Contractor plans to use on site. This paragraph supplements the Contractor's responsibility under clause 52.236-7 PERMITS AND RESPONSIBILITIES.

a. The following permits may need to be obtained by the Contractor at their own expense. Inclusion on or omission from this list is not an indication of whether a permit is required. The Contractor is responsible for obtaining the appropriate permits based on their proposed means and methods for completing work under this contract.:

(1) Construction Site General Permit - Notice of Intent (land disturbing activity > 1 acre); Issuing Authority is Wisconsin DNR

(2) Ground Disturbance Permit(s) (Full Depth Clean-up) through the State of Minnesota, Department of Administration's State Archaeologist.

1.9 Solid Waste Management Report

Monthly, submit a solid waste disposal report to the Contracting Officer.

For each waste, the report will state the classification (using the definitions provided in this section), amount, location, and name of the business receiving the solid waste.

1.10 REGULATORY REQUIREMENTS

1.10.1 Work Subject to the Clean Water Act, Section 401(a)

Any activity that may result in discharge into navigable waters is not allowed unless a Section 401(a) Water Quality Certification is obtained from the State. Examples of activities that are not allowed without a permit include surface discharge from stockpiling at a transfer site, and barge overflow. If obtained by the Government, the 401(a) Water Quality Certification is provided in the task order.

SECTION 01 57 19 Page 14

1.10.2 Additional Work Proposed and Not Authorized

1.10.2.1 Work Subject to 33 CFR 320-330

Any additional work (not specifically shown on the plans or delineated in the specifications) proposed by the Contractor in or affecting navigable waters, including wetlands (as defined in 33 CFR 320-330, published in the Federal Register Vol.51, No. 219, Thursday, November 13, 1986) shall not be performed without a Department of the Army Permit. This requirement shall be applicable to all work, permanent or temporary, and/or fill(s).

The Department of the Army Permit shall be approved by the District Engineer or Deputy District Engineer in accordance with the laws of the United States and the regulations promulgated thereunder, including, but not limited to, the River and Harbor Act of 1899, the Clean Water Act and the National Environmental Policy Act of 1969, as amended. Corps employees (Contracting Officer's Representatives (COR) or inspectors) are not delegated authority to authorize such work. Information on making application for such permit(s) may be obtained by contacting one of the offices as listed hereinafter. When applying for information or a permit, a copy of any correspondence should be directed to the Contracting Officer of this contract. If a permit is not obtained, the additional work cannot be accomplished. Any delay in processing the permit will not constitute the basis of a claim under this contract. The fact that the Contractor is performing work under a Department of the Army Contract will give the Contractor no greater rights than any other applicant for a Department of the Army Permit.

WISCONSIN-MINNESOTA

Regulatory Functions Branch Construction-Operations Division U.S. Army Engineer District, St. Paul

190 Fifth Street East St. Paul, MN 55101 Telephone: 651-290-5376

1.10.2.2 Work Subject to 40 CFR 233

Any additional work (not specifically shown on the plans or included in the specifications), proposed by the Contractor, in or affecting waters of the United States, including wetlands (as defined in 40 CFR 233, published in the Federal Register, Vol. 49 No. 192, Tuesday October 2, 1984) shall not be performed without a State regulatory permit. Information on making an application for such permit may be obtained by contacting the office listed hereinafter. When applying for a permit or for information, a copy of any correspondence shall be furnished to the Contracting Officer. If a permit is not obtained, the additional work shall not be performed. Any delay in obtaining or processing the permit will not constitute a basis for a claim under this contract.

STATE OF MINNESOTA

Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Telephone: 651-296-6300

STATE OF WISCONSIN

SECTION 01 57 19 Page 15

Department of Natural Resources 101 S. Webster St.

P.O. Box 7921 Madison, WI 53707-7921 Telephone: 608-266-2621

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including their habitats. The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the Contractor's responsibility.

Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work as specified. Confine construction activities to within the limits of the work indicated or specified.

3.1.1 Protection of Birds

Many of the birds found at the disposal facilities, placement areas, and other project areas are protected by the Migratory Bird Treaty Act (16 U.S.C. 703-712, July 3, 1918, as amended). The Act makes it illegal for anyone to deliberately take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. According to the Act, a person, association, partnership or corporation which violates the Act or its regulations is guilty of a misdemeanor and subject to a fines, jail time, or both.

3.1.2 Allowed and Prohibited Dredging and Placement Periods

The following environmental restrictions apply for this contract:

Dredging is not allowed from 1 April thru 30 June. Placement at Minnesota Point is not allowed from 1 October thru 31 March.

Environmental restriction waiver may be requested and obtained by the Government after the solicitation. The Contractor should not rely on a restriction waiver being obtained.

3.1.3 Flow Ways

Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as specified and permitted.

3.1.4 Vegetation

Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for

SECTION 01 57 19 Page 16 anchorages unless authorized by the Contracting Officer. Where such use of attached ropes, cables, or guys is authorized, the Contractor is responsible for any resultant damage.

Protect existing trees that are to remain to ensure they are not injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. Coordinate with the Contracting Officer to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.

3.1.5 Streams

Stream crossings must allow movement of materials or equipment without violating water pollution control standards of the federal, state, and local governments. Construction of stream crossing structures must be in compliance with any required permits including Clean Water Act Section 404, and Section 401 Water Quality.

The Contracting Officer's approval and appropriate permits are required before any equipment will be permitted to ford live streams. In areas where frequent crossings are required, install temporary culverts or bridges. Obtain Contracting Officer's approval prior to installation.

Remove temporary culverts or bridges upon completion of work, and repair the area to its original condition unless otherwise required by the Contracting Officer.

3.2 STORMWATER

Do 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 Contracting Officer's Representative for any release of contaminated water.

3.2.1 Construction General Permit

Provide a Construction General Permit if required by 40 CFR 122.26 or EPA General Permit. Under the terms and conditions of the permit, install, inspect, maintain BMPs, prepare stormwater erosion and sediment control inspection reports, and submit SWPPP inspection reports. Maintain construction operations and management in compliance with the terms and conditions of the general permit for stormwater discharges from construction activities.

3.2.1.1 Stormwater Pollution Prevention Plan

Submit a project-specific Stormwater Pollution Prevention Plan (SWPPP) to the Contracting Officer for approval, prior to the commencement of work.

The SWPPP must meet the requirements of 40 CFR 122.26 and the EPA General Permit for stormwater discharges from construction sites.

Include the following:

a. Comply with terms of the EPA general permit for stormwater discharges from construction activities. Prepare SWPPP in accordance with EPA requirements. Use EPA guide Developing your Stormwater Pollution Prevention Plan located at http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-Pollution- Prevention-Plans-for-Construction-Activities.cfm to prepare the SWPPP.

SECTION 01 57 19 Page 17

b. Select applicable BMPs from EPA Fact Sheets located at http://water.epa.gov/polwaste/npdes/swbmp/Construction-Site-StormWater- Run-Off-Control.cfm or in accordance with applicable state or local requirements.

c. Include a completed copy of the Notice of Intent, BMP Inspection Report Template, and Stormwater Notice of Termination, except for the effective date.

3.2.1.2 Stormwater Notice of Intent for Construction Activities Prepare and submit the Notice of Intent for NPDES coverage under the general permit for construction activities to the Contracting Officer for review and approval.

Submit the approved NOI and appropriate permit fees onto the appropriate federal or state agency for approval. No land disturbing activities may commence without permit coverage. Maintain an approved copy of the SWPPP at the onsite construction office, and continually update as regulations require, reflecting current site conditions.

3.2.1.3 Inspection Reports

Submit "Inspection Reports" to the Contracting Officer in accordance with EPA Construction General Permit.

3.2.1.4 Stormwater Pollution Prevention Plan Compliance Notebook

Create and maintain a three ring binder of documents that demonstrate compliance with the Construction General Permit. Include a copy of the permit Notice of Intent, proof of permit fee payment, SWPPP and SWPPP update amendments, inspection reports and related corrective action records, copies of correspondence with the EPA State Permitting Agency, and a copy of the permit Notice of Termination in the binder. At project completion, the notebook becomes property of the Government. Provide the compliance notebook to the Contracting Officer.

3.2.1.5 Stormwater Notice of Termination for Construction Activities

Submit a Notice of Termination to the Contracting Officer for approval once construction is complete and final stabilization has been achieved on all portions of the site for which the permittee is responsible. Once approved, submit the Notice of Termination to the appropriate state or federal agency.

3.2.2 Erosion and Sediment Control Measures

Provide erosion and sediment control measures in accordance with state and local laws and regulations. Preserve vegetation to the maximum extent practicable.

Erosion control inspection reports may be compiled as part of a stormwater pollution prevention plan inspection reports.

3.2.3 Work Area Limits

Mark the areas that need not be disturbed under this Contract prior to commencing construction activities. Mark or fence isolated areas within the general work area that are not to be disturbed. Protect monuments and

SECTION 01 57 19 Page 18 markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. Personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.4 Contractor Facilities and Work Areas

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.

3.2.5 Municipal Separate Storm Sewer System (MS4) Management

Comply with the MS4 permit requirements.

3.3 PROTECTION OF CULTURAL RESOURCES

3.3.1 Archaeological Resources

If, during excavation or other construction activities, any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, activities that may damage or alter such resources will be suspended. Resources covered by this paragraph include, but are not limited to: any human skeletal remains or burials; artifacts;

shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, 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 made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

Archeological information shall not be disclosed to anyone without written Government approval.

3.4 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with 40 CFR 64 and state air emission and performance laws and standards.

3.4.1 Burning

Burning is prohibited.

3.4.2 Accidental Venting of Refrigerant

Accidental venting of a refrigerant is a release and must be reported immediately to the Contracting Officer.

3.4.3 EPA Certification Requirements

Heating and air conditioning technicians must be certified through an EPA-approved program. Maintain copies of certifications at the employees' places of business; technicians must carry certification wallet cards, as

SECTION 01 57 19 Page 19 provided by environmental law.

3.4.4 Dust Control

Keep dust down at all times, 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.

3.4.4.1 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 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.

3.4.5 Odors

Control odors from construction activities. The odors must be in compliance with state regulations and local ordinances and may not constitute a health hazard.

3.5 WASTE MINIMIZATION

Minimize the use of hazardous materials and the generation of waste.

Include procedures for pollution prevention/ hazardous waste minimization in the Hazardous Waste Management Section of the EPP. Describe the anticipated types of the hazardous materials to be used in the construction when requesting information.

3.5.1 Salvage, Reuse and Recycle

Identify anticipated materials and waste for salvage, reuse, and recycling. Describe actions to promote material reuse, resale or recycling. To the extent practicable, all scrap metal must be sent for reuse or recycling and will not be disposed of in a landfill.

3.6 WASTE MANAGEMENT AND DISPOSAL

3.6.1 Waste Determination

All potentially hazardous solid waste streams that are not subject to a specific exclusion or exemption from the hazardous waste regulations (e.g.

SECTION 01 57 19 Page 20 scrap metal, domestic sewage) or subject to special rules, (lead-acid batteries and precious metals) must be characterized in accordance with the requirements of 40 CFR 261 or corresponding applicable state or local regulations.

3.6.2 Solid Waste Management

3.6.2.1 Solid Waste Management Report

Provide copies of the waste handling facilities' weight tickets andreceipts.

3.6.2.2 Control and Management of Solid Wastes

Pick up solid wastes, and place in covered containers that are regularly emptied. Do not prepare or cook food on the project site. Prevent contamination of the site or other areas when handling and disposing of wastes. At project completion, leave the areas clean. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with non-hazardous solid waste. Solid waste disposal offsite must comply with most stringent local, state, and federal requirements, including 40 CFR 241, 40 CFR 243, and 40 CFR 258.

Manage hazardous material used in construction, including but not limited to, aerosol cans, waste paint, cleaning solvents, contaminated brushes, and used rags, in accordance with 49 CFR 173.

3.6.3 Control and Management of Hazardous Waste

Do not dispose of hazardous waste at the project site. Do not discharge any waste to a sanitary sewer, storm drain, or to surface waters or conduct waste treatment or disposal at the project site without written approval of the Contracting Officer.

3.6.3.1 Hazardous Waste Disposal

3.6.3.2 Universal Waste Management

Manage the following categories of universal waste in accordance with federal, state, and local requirements and installation instructions:

a. Batteries as described in 40 CFR 273.2

b. Lamps as described in 40 CFR 273.5

c. Mercury-containing equipment as described in 40 CFR 273.4

Mercury is prohibited in the construction of this facility, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps. Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps, and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack to prevent breakage, and transport out of the activity in an unbroken condition for disposal as directed.

3.6.3.3 Electronics End-of-Life Management

Recycle or dispose of electronics waste, including, but not limited to, used electronic devices such computers, monitors, hard-copy devices, SECTION 01 57 19 Page 21 televisions, mobile devices, in accordance with 40 CFR 260-262, state, and local requirements, and installation instructions.

3.6.3.4 Disposal Documentation for Hazardous and Regulated Waste

Contact the Contracting Officer for the facility RCRA identification number that is to be used on each manifest.

Submit a copy of the applicable EPA and or state permit(s), manifest(s), or license(s) for transportation, treatment, storage, and disposal of hazardous and regulated waste by permitted facilities. Hazardous or toxic waste manifests must be reviewed, signed, and approved by the Contracting Officer before the Contractor may ship waste.

3.6.4 Releases/Spills of Oil and Hazardous Substances

3.6.4.1 Response and Notifications

Exercise due diligence to prevent, contain, and respond to spills of hazardous material, hazardous substances, hazardous waste, sewage, regulated gas, petroleum, lubrication oil, and other substances regulated in accordance with 40 CFR 300. Maintain spill cleanup equipment and materials at the work site. In the event of a spill, take prompt, effective action to stop, contain, curtail, or otherwise limit the amount, duration, and severity of the spill/release. In the event of any releases of oil and hazardous substances, chemicals, or gases; immediately (within 15 minutes) notify the local Fire Department, the Contracting Officer's Representative (COR), the Contracting Officer, and the state or local authority.

Submit verbal and written notifications as required by the federal ( 40 CFR 300.125 and 40 CFR 355), state, local regulations and instructions.

Provide copies of the written notification and documentation that a verbal notification was made within 20 calendar days. Spill response must be in accordance with 40 CFR 300 and applicable state and local regulations.

Contain and clean up these spills without cost to the Government.

3.6.4.2 Clean Up

Clean up hazardous and non-hazardous waste spills. Reimburse the Government for costs incurred including sample analysis materials, clothing, equipment, and labor if the Government will initiate its own spill cleanup procedures, for Contractor- responsible spills, when: Spill cleanup procedures have not begun within one hour of spill discovery/occurrence; or, in the Government's judgment, spill cleanup is inadequate and the spill remains a threat to human health or the environment.

3.7 HAZARDOUS MATERIAL MANAGEMENT

Address procedures and proper handling of hazardous materials, including the appropriate transportation requirements. Do not bring hazardous material onto project site that does not directly relate to requirements for the performance of this contract. Submit an SDS and estimated quantities to be used for each hazardous material to the Contracting Officer prior to bringing the material on the project site.