Solicitation Atch 2 PWS2.pdf

Environmental Protection 02 20 22 (Master Developed 1/27/03) 06/11/2020

Attachment E

Section 02 20 22

ENVIRONMENTAL PROTECTION

Table of Contents

Part 1 – GENERAL

1.1 References

1.2 Definitions

1.3 General Requirements

1.4 Subcontractors

1.5 Payment

1.6 Submittals

1.7 Environmental Protection Plan

1.8 Protection Features

1.9 Environmental Assessment of Contract Deviations

1.10 Notification

Part 2 – PRODUCTS (Not Used)

Part 3 – EXECUTION

3.1 Land Resources

3.2 Water Resources

3.3 Air Resources

3.4 HTRW Air Emission Control

3.5 Chemical Materials Management and Waste Disposal

3.6 Recycling and Waste Minimization

3.7 Non-Hazardous Solid Waste Diversion Report

3.8 Historical, Archeological, Cultural Resources

3.9 Biological Resources

3.10 Integrated Pest Management

3.11 Previously Used Equipment

3.12 Maintenance of Pollution Facilities

3.13 Military Munitions

3.14 Training of Contractor Personnel

3.15 Post Work Cleanup

5 August 2020

(Master Developed 1/27/03) 06/11/2020

Section 02 20 22

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 in the text by basic designation only.

AIR FORCE INSTRUCTION

AFI 32-1053 Pest Management Program

ARMY REGULATION

AR 200-5 Pest Management

CODE OF FEDERAL REGULATIONS (CFR)

33 CFR 328 Definitions

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 152 - 186 Pesticide Programs

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

ENGINEERING MANUALS (EM)

EM 385-1-1 (1996) U.S. Army Corps on Engineers Safety and Health Requirements Manual

US ARMY CORPS OF ENGINEERS TECHNICAL REPORT

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual

Technical Report Y-87-1

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 work. 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 the work. 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 shall 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" shall occur. Land Application shall be in compliance with all applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.6 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.7 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.

1.2.8 Waters of the United States

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

1.2.9 Wetlands

Wetlands means 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 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

The Contractor shall minimize environmental pollution and damage that may occur as the result of work operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations. The Corps will verify aquatic resource delineations.

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations.

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. The following shall be submitted in accordance with Section 01330L SUBMITTAL PROCEDURES:

SD-01 Prework Submittals

Environmental Protection Plan; G

The environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing work activities or delivery of materials to the site, the Contractor shall 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 work activities. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required work task(s). Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, the Contractor shall 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 Protection Plan shall be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Work activities, the Contractor shall be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

The Environmental Protection Plan shall include, but shall not be limited 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; Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable; Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel; and a description of the Contractor's environmental protection personnel training program.

e. An Erosion Control Site Plan which identifies the type and location of the erosion and sediment controls to be provided. The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations. This plan may be the same plan as required in the Storm Water Pollution Prevention Plan (SWPPP) as identified in Section 01356L.

f. A Temporary Work Activity Facilities Plan which shows locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, location of work activity site offices (trailers), avenues of ingress/egress, fence locations, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. A Traffic Control Plans including measures to reduce erosion of temporary roadbeds by work activity traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. A 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.

i. A Borrow Area Plan showing the location of borrow areas.

j. The Spill Control Plan shall include 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. This plan shall include 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 shall 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. The plan shall contain 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 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. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during the work activities. The Contractor shall attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. The report shall be submitted on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted and shall be for the previous quarter (e.g. the first working day of January, April, July, and October). The report shall indicate the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

l. A Recycling and Solid Waste Minimization Plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail 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 on site at any given time shall be included in the contaminant prevention plan. As new hazardous materials are brought on site or removed from the site, the plan shall be updated.

o. A Waste Water Management Plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from work activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan shall include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the wastewater, the plan shall include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, a copy of the permit and associated documents shall be included as an attachment prior to discharging the wastewater. If disposal is to a sanitary sewer, the plan shall 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 work activity. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

q. A Pesticide Treatment Plan shall be included and updated, as information becomes available. The plan shall include: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e.

pounds of active ingredient applied), equipment used for application and calibration of equipment. The Contractor is responsible for Federal, State, Regional and Local pest management record keeping and reporting requirements as well as any additional Project Office specific requirements. The Contractor shall follow AR 200-5 Pest Management, Chapter 2, Section III "Pest Management Records and Reports" for data required to be reported to the Installation.

1.7.3 Appendix

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

1.8 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite work activities, the Contractor and the Contracting Officer shall make a joint condition survey. Immediately following the survey, the Contractor shall 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 shall be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor shall 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 Contractor's work under the contract.

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations, requested by the Contractor, from the drawings, plans and specifications 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.

1.10 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. The Contractor shall, 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 extensions shall be granted or equitable adjustments allowed to the Contractor 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 LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications.

Prior to the beginning of any work, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. The Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. Stone, soil, or other materials displaced into uncleared areas shall be removed by the Contractor.

3.1.1 Work Area Limits

Prior to commencing work activities, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area which are not to be disturbed shall be marked or fenced. Monuments and markers shall be protected before work operations commence. Where work operations are to be conducted during darkness, any markers shall be visible in the dark. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects.

3.1.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. The Contractor shall restore landscape features damaged or destroyed during work operations outside the limits of the approved work area.

3.1.3 Erosion and Sediment Controls

The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's work activities. The area of bare soil exposed at any one time by work operations should be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as specified in Section 01356L STORM WATER POLLUTION PREVENTION MEASURES. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, terrace building, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. The Contractor's best management practices shall also be in accordance with the National Pollutant Discharge Elimination System (NPDES) Storm Water Pollution Prevention Plan (SWPPP). Any temporary measures shall be removed after the area has been stabilized.

3.1.4 Contractor Facilities and Work Areas

The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made only when approved. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.2 WATER RESOURCES

The Contractor shall monitor work activities to prevent pollution of surface and ground waters.

Toxic or hazardous chemicals shall not be applied to soil or vegetation unless otherwise indicated. All water areas affected by work activities shall be monitored by the Contractor. For work activities immediately adjacent to impaired surface waters, the Contractor shall 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 Stream Crossings

Stream crossings shall allow movement of materials or equipment without violating water pollution control standards of the Federal, State, and local governments.

3.2.2 Wetlands

The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands except as authorized herein. Authorization to enter specific wetlands identified shall not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the work site and associated boundaries.

3.3 AIR RESOURCES

Equipment operation, activities, or processes performed by the Contractor shall 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 work activities; and processing and preparation of materials, such as from asphaltic batch plants; shall be controlled at all times, including weekends, holidays and hours when work is not in progress. The Contractor shall 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 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. The Contractor must have sufficient, competent equipment available to accomplish these tasks. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. The Contractor shall comply with all State and local visibility regulations.

3.3.2 Odors

Odors from work activities shall be controlled at all times. The odors shall not cause a health hazard and shall be in compliance with State regulations and/or local ordinances.

3.3.3 Sound Intrusions

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

3.3.4 Burning

Burning will not be allowed on the project site unless specified in other sections of the specifications or authorized in writing by the Contracting Officer. The specific time, location, and manner of burning shall be subject to approval. Burning shall completely reduce the materials to ashes.

3.4 HTRW AIR EMISSION CONTROL

The Contractor shall implement the following control(s) to meet or exceed performance levels identified in HTRW PERIMETER AIR MONITORING.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

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

3.5.1 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. Handling, storage, and disposal shall be conducted to prevent contamination.

Segregation measures shall be employed so that no hazardous or toxic waste will become co-mingled with solid waste. The Contractor shall 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 shall be the minimum acceptable off-site solid waste disposal option. The Contractor shall verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate. The Contractor shall comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.5.2 Chemicals and Chemical Wastes

Chemicals shall be dispensed ensuring no spillage to the ground or water. Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed and documented. This documentation will be periodically reviewed by the Government. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top.

Wastes shall be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. The Contractor shall, at a minimum, manage and store hazardous waste in compliance with 40 CFR 262 and shall manage and store hazardous waste in accordance with the Project Office hazardous waste management plan. The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures such as berming or other appropriate measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste off Government property within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility. The Contractor shall coordinate the disposition of hazardous waste with the Project Office's Hazardous Waste Manager and the Contracting Officer.

3.5.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded shall 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 shall be accordance with all Federal, State, and local laws and regulations.

3.5.5 Waste Water

Disposal of waste water shall be as specified below.

a. Waste water from work activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. shall not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. The Contractor shall dispose of the work related waste water 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. The site for the retention pond shall be coordinated and approved with the Contracting Officer. The residue left in the pond prior to completion of the project shall be removed, tested, and disposed off-Government property in accordance with Federal, State, and local laws and regulations. The area shall be backfilled to the original grade, top-soiled and seeded/sodded.

b. For discharge of ground water, the Contractor shall obtain a State or Federal permit specific for pumping and discharging ground water prior to surface discharge in accordance with the requirements of the NPDES or State STORM WATER DISCHARGES FROM WORK SITES permit. Land application shall be in accordance with all Federal, State, Regional, and/or Local laws and regulations for pumping and land applying ground water.

c. Water generated from the flushing of lines after hydrostatic testing shall be land applied in accordance with all Federal, State, and local laws and regulations for land application.

3.6 RECYCLING AND WASTE MINIMIZATION

The Contractor shall 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.

3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

The Contractor shall maintain an inventory of non-hazardous solid waste diversion and disposal of work and demolition debris. The Contractor shall submit a report to the Contracting Officer on the first working day after each fiscal year quarter, starting the first quarter that non-hazardous solid waste has been generated. The following shall be included in the report:

a. Work and Demolition (W&D) Debris Disposed = [_____] in cubic yards or tons, as appropriate.

b. Work and Demolition (W&D) Debris Recycled = [_____] in cubic yards or tons, as appropriate.

c. Total W&D Debris Generated = [_____] in cubic yards or tons, as appropriate.

d. Waste Sent to Waste-To-Energy Incineration Plant (This amount should not be included in the recycled amount) = [_____] in cubic yards or tons, as appropriate.

3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

If during excavation or other work activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources shall be temporarily 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, 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 made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

At Goethe East, Site 3, the contractor shall, upon notification from the Corps, provide an archeologist to conduct monitoring for cultural resources of elderberry transplants and all seedling plantings and at locations that will be specified by the Corps archeologist.

3.9 BIOLOGICAL RESOURCES

The Contractor shall minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, Regional, and local laws and regulations.

3.10 INTEGRATED PEST MANAGEMENT

In order to minimize impacts to existing fauna and flora, the Contractor, through the Contracting Officer, shall coordinate with the Project Pesticide Coordinator (PPC) at the earliest possible time prior to pesticide application. The Contractor shall discuss integrated pest management strategies with the PPC and receive concurrence from the IPMC through the COR prior to the application of any pesticide associated with these specifications. Project Office Pest Management personnel shall be given the opportunity to be present at all meetings concerning treatment measures for pest or disease control and during application of the pesticide. The use and management of pesticides are regulated under 40 CFR 152 - 186.

3.10.1 Pesticide Delivery and Storage

Pesticides shall be delivered to the site in the original, unopened containers bearing legible labels indicating the EPA registration number and the manufacturer's registered uses. Pesticides shall be stored according to manufacturer's instructions and under lock and key when unattended.

3.10.2 Qualifications

For the application of pesticides, the Contractor shall use the services of a subcontractor whose principal business is pest control. The subcontractor shall be licensed and certified in the state where the work is to be performed.

3.10.3 Pesticide Handling Requirements

The Contractor shall formulate, treat with, and dispose of pesticides and associated containers in accordance with label directions and shall use the clothing and personal protective equipment specified on the labeling for use during all phases of the application. Material Safety Data Sheets (MSDS)shall be available for all pesticide products.

3.10.4 Application

Pesticides shall be applied by a State Certified Pesticide Applicator in accordance with EPA label restrictions and recommendation. The Certified Applicator shall wear clothing and personal protective equipment as specified on the pesticide label. Water used for formulating shall only come from locations designated by the Contracting Officer. The Contractor shall not allow the equipment to overflow. Prior to application of pesticide, all equipment shall be inspected for leaks, clogging, wear, or damage and shall be repaired prior to being used.

3.11 PREVIOUSLY USED EQUIPMENT

The Contractor shall clean all previously used work equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements.

3.12 MAINTENANCE OF POLLUTION FACILITIES

The Contractor shall maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time work activities create the particular pollutant.

3.13 MILITARY MUNITIONS

In the event the Contractor discovers or uncovers military munitions as defined in 40 CFR 260, the Contractor shall immediately stop work in that area and immediately inform the Contracting Officer.

3.14 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. The Contractor shall conduct environmental protection/pollution control meetings for all Contractor personnel prior to commencing work activities. Additional meetings shall be conducted for new personnel and when site conditions change. The training and meeting agenda shall include: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, 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; recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area.

3.15 POST WORK CLEANUP

The Contractor shall clean up all areas used for work in accordance with Contract Clause:

"Cleaning Up". The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary work facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of work activities prior to final acceptance of the work. The disturbed area shall be graded, filled and the entire area seeded unless otherwise indicated.

SECTION 01 57 23.00 41

TEMPORARY STORM WATER POLLUTION CONTROL

09/15

PART 1 GENERAL

1.1 SUMMARY

The work consists of implementing the storm water pollution prevention measures to prevent sediment from entering streams or water bodies as specified in this Section in conformance with the requirements of Section 01 57 20.00 41 ENVIRONMENTAL PROTECTION, and the requirements of the National Pollutant Discharge Elimination System (NPDES).

1.2 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.

ASTM INTERNATIONAL (ASTM)

ASTM D3977 (1997; R 2007; E 2014) Standard Test Methods for Determining Sediment Concentration in Water Samples

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (CSWRCB)

CSWRCB CGP (2012) National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. Construction General Permit (CGP) Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ, NPDES No. CAS000002.

[CVRWQCB MS4 Permit (2008) Sacramento County and Associated Cities Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4). Central Valley Regional Water Quality Control Board No. R5-2008-0142, NPDES Permit No. CAS082597.

][[Other] MS4 Permit [Enter Permit Title and Order Number here]

]SMARTS California State Water Resource Control Board's Storm Water Multi-Application and Report Tracking System (SMARTS).

CSWRCB GCM (2001) Guidelines for Citizen Monitors.

SWRCB No. 8-099-250-0

CALIFORNIA STORMWATER QUALITY ASSOCIATION (CASQA)

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CASQA CABMPHB (2011) California Stormwater Best Management Practice Handbook for Construction

STANDARD METHODS (SM)

SM 2130 (2001) Turbidity

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

EPA Method 160.2 (1999) Residue, Non-Filterable (Gravimetric, Dried at 103-105°C)

EPA Method 160.5 (1983) Settleable Matter (Volumetric, Imhoff Cone)

EPA Method 180.1 (1993; R2) Determination Of Turbidity By Nephelometry

NPDES (1972; R 2005) National Pollutant Discharge Elimination System

SWPPP Storm Water Pollution Prevention Plan

EPA 841-B-09-001 (2009) Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act

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

40 CFR 136 Guidelines Establishing Test Procedures For The Analysis Of Pollutants

1.3 SUBMITTALS

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

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

Submit all submittals with sufficient lead-time in electronic format to allow for government review and contractor revisions to ensure the project schedule is not delayed. Unless otherwise noted,the USACE will require a minimum of [21] calendar days to review documents. Submit all storm water related submittals to the USACE. When necessary, enter submittals into the California State Water Resource Control Board's (CSWRCB) Storm Water Multi-Application and Report Tracking System (SMARTS).

Submit the following in accordance with Section 01 33 00.00 41 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

SWPPP; G, DO

A site-specific Storm Water Pollution Prevention Plan (SWPPP.

PRDs; G, DO

Permit Registration Documents (PRDs) to obtain or update permit coverage.

SD-03 Product Data

BMP Product Data

Manufacturer's installation instructions of Best Management Practices (BMPs) to be used.

SD-06 Test Reports

SWPPP Amendment

Amend the SWPPP as needed to reflect current site conditions.

Sampling Results

Inspection Reports

REAPs and Inspection Reports

Rain Event Action Plans (REAPs) and Inspection Reports

Exceedance Reports

Exceedance Reports for Numeric Action Level (NAL) exceedances.

ATS Field Data

Annual Report

SD-10 Operation and Maintenance Data

Post-Construction Storm Water Management Plan; G, DO

Operation and maintenance data to support the long-term maintenance plan designated for a minimum of five years.

SD-11 Closeout Submittals

Final SWPPP; G, DO

NOT Application; G, DO

Notice of Termination (NOT) Application.

1.4 PAYMENT

See Pricing Schedule, Table 1, in PWS for associated clins.

1.5 GENERAL REQUIREMENTS

Use this specification in conjunction with SECTION 01 57 20.00 41 ENVIRONMENTAL PROTECTION that addresses the project's environmental requirements and SECTION 32 92 33.00 41 GRASS SEEDING AND EROSION CONTROL that addresses the project's long-term BMPs.

Ensure all project activities are in accordance with The National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Waste Discharge Requirements for Discharge of Storm Water Runoff Associated with Construction and Land Disturbance Activities, CSWRCB CGP, Order No.

2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ. Compliance to this permit and subsequent requirements/updates is mandatory. Any permit noncompliance constitutes a violation of the Clean Water Act and the Porter-Cologne Water Quality Control Act and is grounds for enforcement action and/or removal from General Permit coverage. CSWRCB CGP, can be found at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

[In accordance with the CGP's Legally Responsible Person (LRP) definition, the Contractor is the LRP for this project. As the project's LRP, obtain CSWRCB CGP permit coverage and ensure full permit compliance throughout the life of the permit. Ensure all Permit Registration Documents (PRDs) and Notice of Termination (NOT) are electronically signed, certified, and submitted via the SMARTS to the CSWRCB. ]Set up an account as a data submitter in SMARTS. Unless otherwise directed, enter all required data into SMARTS including but not limited to the NOI, annual report(s), SWPPP, sampling results, post construction water balance worksheets, and NOT. See the paragraph titled "Permit Registration Documents" for additional requirements. Pay all permit fees, and fines/penalties for violation or non-compliance with Federal, State and local laws and regulations.

The CSWRCB CGP does not preempt or supersede the authority of local storm water management agencies to prohibit, restrict, or control storm water discharges to municipal separate storm sewer systems (MS4) or other watercourses within their jurisdictions. Obtain and include the required local permits and/or agency's approval(s) in the SWPPP.

The CSWRCB CGP does not authorize discharges of fill or dredged material regulated by the U.S. Army Corps of Engineers under CWA § 404 and does not constitute a waiver of water quality certification under CWA § 401.

1.5.1 Required Stormwater Meetings

Conduct required stormwater meeting the week after receiving NTP. Conduct the meeting at the USACE Resident Office. At a minimum, the Contractor's Project Manager, or appropriate technical person, a USACE representative, the Qualified SWPPP Practitioner (QSP) and the Qualified SWPPP Developer (QSD) are required to be present. (See paragraph titled TRAINING REQUIREMENTS for position details.)

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This meeting is the equivalent of a preparatory meeting for the SWPPP submittal. The QSD and QSP must discuss the proposed stormwater management plan for this project. This meeting is required prior to government approval of the SWPPP submittal.

Hold additional meetings for completion of the SWPPP or other required information as needed, including but not limited to the required meetings detailed in 01 45 00 QUALITY CONTROL, paragraph 3.6. The QSD must attend all stormwater related 3-phase process meetings.

1.5.2 Training Requirements

This contract requires that all personnel responsible for the writing and implementation of the SWPPP be specifically trained in the subject of storm water permitting and erosion and sedimentation controls. Provide requirements for training based on the level of responsibility in the SWPPP.Below are the requirements for the position(s) of the QSD and the QSP, which must be in place for the entire duration of the project, until meeting the termination requirements as detailed in paragraph "Termination Of SWPPP And CSMP Responsibilities."

1.5.2.1 Qualified SWPPP Developer (QSD)

Ensure that SWPPPs are written, amended and certified by a QSD. A QSD must have one of the following registrations or certifications, and appropriate experience, as required for:

a. A California registered professional civil engineer;

b. A California registered professional geologist or engineering geologist;

c. A California registered landscape architect;

d. A professional hydrologist registered through the American Institute of

Hydrology;

e. A Certified Professional in Erosion and Sediment Control (CPESC) (TM) registered through Enviro Cert International, Inc.;

f. A Certified Professional in Storm Water Quality (CPSWQ) (TM) registered through Enviro Cert International, Inc.; or

g. A professional in erosion and sediment control registered through the

National Institute for Certification in Engineering Technologies

(NICET);

The QSD must be available throughout the life of the project to review and amend the SWPPP when necessary. Provide a copy of the QSD's certification within the SWPPP. Obtain the QSD Certification through CSWRCB-sponsored training (from California Stormwater Quality Association (CASQA)) or through CSWRCB-approved training (from the State Water Board's Storm Water Monitoring and Report Tracking System SMARTS). Only professional civil engineers, geologist, and engineering geologists licensed and in good standing with the California Board of Professional Engineers, Land Surveyors and Geologist may obtain their required QSD license through

SMARTS.

[ The QSD must be actively involved in the project throughout the life of the contract. The QSD must inspect the site in person prior to SWPPP development to aid in the creation of the site specific SWPPP.