B.08_W9127N21B00140003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to update the follow ing:

- Section 01 57, remove WQMP document.

- Section 05 05, revise At-Site Functionality Test.

- Section 01 10, revise Trashrack Storage.

- Provide photos of trashrack crane, rack slots, and North laydow n yard.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-May-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127N21B0014

X 9B. DATED (SEE ITEM 11)

21-Apr-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-May-2021

CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127N21B0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

SECTION 01 57 19.00 25

TEMPORARY ENVIRONMENTAL CONTROLS

03/18

PART 1 GENERAL

1.1 SUMMARY

This Section includes requirements for preventing and controlling environmental pollution and minimizing environmental impacts to the site and surrounds during the work. The control of environmental pollution requires consideration of sound levels, air, water, and land resources; the proper management and use of petroleum products and hazardous materials;

and the disposal of solid and hazardous wastes. The project site lies within the State of Oregon. The Contractor must conform to all applicable OR state regulations.

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.

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA)

29 CFR 1910.95 Occupational Noise Exposure

29 CFR 1910.1025 Lead

29 CFR 1910.1026 Chromium VI

29 CFR 1910.1027 Cadmium

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

29 CFR 1926.52 Occupational Noise Exposure

29 CFR 1926.62 Lead

29 CFR 1926.101 Hearing Protection

STATE OF OREGON ADMINISTRATIVE RULES (OAR)

OAR 340-041-0036 Turbidity

OAR 340-100-113 Hazardous Waste, et al

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

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 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

49 CFR 178 Specifications for Packagings

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 60 Standards of Performance for New Stationary Sources

40 CFR 61 National Emission Standards for Hazardous Air Pollutants

40 CFR 63 National Emission Standards for Hazardous Air Pollutants for Source Categories

40 CFR 64 Compliance Assurance Monitoring

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 82 Protection of Stratospheric Ozone

40 CFR 112 Oil Pollution Prevention

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 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.31 Standards Applicable to Generators of Hazardous Waste-Labeling

40 CFR 262.34 Standards Applicable to Generators of Hazardous Waste-Accumulation Time

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

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 273.3 Standards for Universal Waste Management - Pesticides

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

40 CFR 273.5 Standards for Universal Waste Management - Lamps

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 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 403 General Pretreatment Regulations for Existing and New Sources of Pollution

EPA SW-846 (Third Edition; Update IV) Test Methods for Evaluating Solid Waste:

Physical/Chemical Methods

EPA 800-R-11-002 (2011) Environmentally Acceptable Lubricants

1.3 DEFINITIONS

1.3.1 Class I and II Ozone Depleting Substance (ODS)

a. Class I ODS is defined in Section 602(a) of The Clean Air Act. A list of Class I ODS can be found on the EPA website at the following web link. http://www.epa.gov/ozone/science/ods/classone.html.

b. Class II ODS is defined in Section 602(s) of The Clean Air Act. A list of Class II ODS can be found on the EPA website at the following web link. http://www.epa.gov/ozone/science/ods/classtwo.html.

1.3.2 Biobased Products

Biobased products are derived from plants and other renewable agricultural, marine, and forestry materials and provide an alternative to conventional petroleum-derived products. Biobased products include diverse categories such as lubricants, cleaning products, inks, fertilizers, and bioplastics.

1.3.3 Contractor-Generated Hazardous Waste

Contractor-generated hazardous waste consists of materials that, if abandoned or disposed, may meet the definition of a hazardous waste.

Typically these waste streams are brought on site by the Contractor to execute work, but are not fully consumed during the course of construction.

Examples include 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. Cleanup of Contractor spills of hazardous materials or petroleum products may also result in the generation of Contractor hazardous waste.

1.3.4 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.

1.3.5 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, air, biological, and cultural resources; management of visual aesthetics and noise; proper handling of solid, chemical, gaseous, and liquid waste; and the appropriate response to radiant energy, radioactive material, and other pollutants.

1.3.6 Hazardous Debris

As defined in paragraph SOLID WASTE, Hazardous Debris is 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.

1.3.7 Hazardous Materials

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

b. 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).

c. Fueling/refueling of any nature is prohibited over any grates or drains on the project site. Fueling/Refueling must occur away from any potential for it to enter any grate or drain and have secondary containment.

1.3.8 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.

1.3.9 Heavy Metals

Heavy metals are metallic elements with high atomic weights such as mercury, chromium, cadmium, arsenic, and lead. They can damage living organisms at low concentrations.

1.3.10 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" shall occur.

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

1.3.11 Lead-Based Paint/Material Containing Lead/Paint with Lead

(LBP/MCL/PWL)

Any material, including paint, which contains lead or other heavy metals as determined by a certified testing laboratory using a valid test method. The requirements of this Section do not apply if no detectable levels of lead or other heavy metals are found using a quantitative method for analyzing paint or MCL using laboratory instruments with specified limits of detection (usually 0.01 percent). Neither an X-Ray Fluorescence (XRF) instrument nor lead detection swabs or pens are considered a valid test method. However, the Contractor may assume a material contains lead (or one or more other heavy metals) as long as the material is appropriately managed. Material covered by this definition may contain low levels of other heavy metals, such as mercury, chromium, cadmium, or arsenic, even if lead is not detected.

1.3.12 Oily Waste

a. Oily wastes are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from those POLs. Oily wastes also mean 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.

b. 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 minimis" (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.

1.3.13 Petroleum, Oil, Lubricant (POL)

POL products include flammable or combustible liquids, such as gasoline, diesel, lubricating oil, used engine oil, hydraulic oil, mineral oil, and cooking oil.

1.3.14 Regulated Waste

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

1.3.15 Sediment

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

1.3.16 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:

1.3.16.1 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 only be reinforced with or contain ferrous wire, rods, accessories and weldments if an appropriate disposal facility accepts them under full disclosure. 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.

1.3.16.2 Green Waste

Green waste is the vegetative matter from landscaping, land clearing and grubbing, including grass, bushes, shrubs, 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 included.

1.3.16.3 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.

1.3.16.4 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 261.

1.3.16.5 Recyclables

Recyclables are materials, equipment, and assemblies such as trash racks, high-grade paper products and corrugated cardboard, stackable pallets in good condition, clean crating material, and clean rubber/vehicle tires.

Metal meeting the definition of lead contaminated or lead-based paint contaminated may only be included as recyclable if sold to a scrap metal company with full disclosure of the presence of lead and/or other metal contaminants. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.3.16.6 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 as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

1.3.16.7 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 lumber, utility poles, crossties, and other wood products with chemical treatment.

1.3.17 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.

1.3.18 Wastewater

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

1.3.18.1 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.

1.3.19 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.

1.3.20 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.

1.3.21 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.

1.4 SUBMITTALS

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

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Prefabrication Submittals

Environmental Protection Plan; G, ENCDG

Solid Waste Management Permit; G

SD-11 Closeout Submittals

Environmental Records Binder; G

Solid Waste Disposal Report; G

1.5 ENVIRONMENTAL PROTECTION REQUIREMENTS

a. 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.

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

1.6 SPECIAL ENVIRONMENTAL REQUIREMENTS

a. No more than a ten percent cumulative increase in natural stream turbidities may be allowed, as measured relative to a control point immediately upstream of the turbidity causing activity. Adhere to the turbidity water quality standards in accordance with OAR 340-041-0036.

b. Do not introduce organisms foreign to the site. Take all precautions necessary to protect the site from foreign seed and plant contamination. Contamination includes organic material, seeds, and root fragments from non-native grasses and weeds (e.g. scotch broom, sweet clover, tansy, etc.). Steam-clean or pressure-wash all equipment prior to entering the site. Equipment removed from the project and used at another site must be cleaned before returning to this project.

1.7 QUALITY CONTROL

1.7.1 Environmental Coordination Meeting

a. 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.

b. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the project site; and types and quantities of wastes/wastewater that may be generated during the Contract. Identify suspected or known hazardous material components at this time, whether part of or adjacent to scope of work related features.

1.7.2 Non-Compliance Notifications

The Contracting Officer will notify the Contractor in writing of any observed non-compliance 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 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.

1.8 ENVIRONMENTAL PROTECTION PLAN

The purpose of the Environmental Protection Plan (EPP) is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Submit the EPP 15 days before the Environmental Coordination 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:

1.8.1 Environmental Manager Qualifications

a. A letter signed by an officer of the firm appointing the Environmental Manager and stating that person is responsible for managing and implementing the Environmental Protection Plan as described in this contract. Include in this letter the Environmental Manager's authority to direct the removal and replacement of non-conforming work and emergency contact information (office phone number, cell phone number, and e-mail address). The Environmental Manager is directly responsible for coordinating Contractor compliance with federal, state, and local requirements. The Environmental Manager must

(1) Ensure compliance with Hazardous Waste requirements (including hazardous waste handling, storage, manifesting, and disposal)

(2) Implement the EPP and ensure its compliance

(3) Ensure any applicable environmental permits are obtained, maintained, and closed out

(4) Ensure compliance with Hazardous Materials (storage, handling, and reporting) requirements; and coordinate any remediation of regulated substances (e.g., lead, heavy metals, asbestos, PCB transformers)

(6) Be responsible for spill cleanup and training personnel on spill response procedures

(7) Be responsible for manifesting hazardous waste to be removed from the site (if applicable)

(8) Be responsible for training the Contractor's environmental protection personnel

b. The Environmental Manager may have other duties on the jobsite;

however, the person in this position must be trained to adequately accomplish the following duties: ensure waste segregation and storage compatibility requirements are met; ensure only authorized personnel add wastes to containers; ensure Contractor personnel are trained in 40 CFR requirements in accordance with their position requirements;

coordinate removal of waste containers; and maintain the Environmental Records binder and required documentation, including environmental permits compliance and close-out.

1.8.2 Employee Training Records

a. Prepare and maintain Employee Training Records throughout the term of the contract meeting applicable 40 CFR requirements. Keep current and updated Employee Training Records in the Environmental Records Binder. Ensure every employee completes a program of on-the-job training that teaches them to perform their duties in accordance with the EPP and in a way that ensures compliance with federal, state, and local regulatory requirements.

b. Train personnel to meet regulatory requirements for environmental, biological and/or cultural resources. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Conduct additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda the following as they apply:

(1) the methods of detecting and avoiding pollution;

(2) familiarization with statutory and contractual pollution standards;

(3) installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control;

(4) anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants.

1.8.3 Regulatory Notification and Permits

List what notifications and permit applications must be made. Some permits require up to 180 days to obtain. 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.

1.8.4 General Overview and Purpose

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as the spill prevention plan; solid waste management plan; wastewater management plan; air pollution control plan; contaminant prevention plan; a historical, archaeological, cultural, and biological resources preservation plan; a wetlands protection plan;

and/or a traffic control plan.

1.8.4.1 Procedures

A copy of any standard or project-specific plan or operating procedure that will be used to effectively manage and protect the environment must be kept on the project site at all times.

1.8.4.2 Communications

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

1.8.5 General Site Information

1.8.5.1 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, Contractor staging area, and stockpiles of excess soil.

1.8.5.2 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.

1.8.6 Documentation of Environmental Conditions

a. Protection of Natural Resources

b. Stormwater

c. Surface and Groundwater

d. Cultural Resources

e. Air Resources

f. Waste Minimization

g. Waste Management and Disposal

h. Hazardous Material Management

i. Petroleum, Oil, Lubricant (POL) Storage and Fueling

1.8.7 Protection of the Environment from Waste Derived from Contractor

Operations

Identify disposal procedures for hazardous waste and debris to be generated by the Contractor. As applicable, 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. A copy of the disposal facility's Solid Waste Management Permit

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

g. Management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions

(40 CFR 268)

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

i. Used oil management procedures in accordance with 40 CFR 279

j. Hazardous waste minimization procedures

k. Plans for the disposal of hazardous waste at permitted facilities

1.8.8 Spill Prevention Plan

Include in the Spill Prevention Plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 112, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Prevention Plan supplements the requirements of EM 385-1-1. This plan must include as a minimum:

a. Name of the individual who reports any spills or hazardous substance releases and follows up with complete documentation. This individual must immediately (within one hour) notify the Contracting Officer (CO) and Facility Response Personnel in addition to the legally required Federal, State, and local reporting channels (including the National Response Center (NRC) 1-800-424-8802) if a reportable quantity is released to the environment.

(1) The plan must contain a list of the required reporting channels and telephone numbers.

(2) The 24-hour spill notification telephone numbers including the emergency response contractor, County, and local police and/or Emergency Response organization as appropriate and required. The plan must include 24-hour emergency number for the Government Quality Assurance Representative (GQAR), Project Engineer, and Resident Engineer. For Oregon, the Oregon Emergency Response System (OERS) must also be notified.

b. Name(s) and qualifications of the individual(s) responsible for implementing and supervising the containment and cleanup.

c. List of spill prevention and response materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. For all work in or adjacent to water, a 200-foot-long minimum containment boom, skimming equipment, and a cleanup kit must be available at the job-site. Consider the number of required floating plants, the logistics and time required to begin containment and cleanup of a spill, accessibility, number of remote work areas, number and location of floating plants on the river, etc.

Materials and equipment for other cleanup work must be tailored to the potential hazards involved.

d. Names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup restoration, and material-placement equipment and service providers available in case of an unforeseen spill emergency.

e. Methods and procedures to be used for expeditious contaminant cleanup.

f. Training requirements for Contractor's personnel and methods of accomplishing the training.

g. Include a hazardous material Spill Emergency Initial Report Form, similar to Attachment J4. Ensure that all of the elements shown on the sample form are provided and submitted within 24 hours of a spill.

1.8.9 Clean Air Act Compliance

1.8.9.1 Dirt and Dust Control Plan

Include a Dirt and Dust Control Plan showing proposed activities and identify measures to keep dust down. Include truck and material haul routes along with measures for controlling dirt, debris, and dust. As a minimum, identify in the plan any equipment for cleaning along the haul route and measures to reduce dirt, dust, and debris from roadways.

1.8.9.2 Pollution Generating Equipment

Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act.

1.8.9.3 Air Pollution-Generating Processes

Identify planned air pollution-generating processes and management control measures (including spray painting, abrasive blasting, demolition, material handling, fugitive dust, fuel burning equipment, and fugitive emissions).

1.8.9.4 Compliant Materials

Hazardous Materials proposed for use on site must be compliant with all Clean Air Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for Hazardous Air Pollutants requirements.

1.8.10 Safety Data Sheets (SDS)

Submit an SDS and estimated quantity to be used for each hazardous material brought onto the site. State how the hazardous material will be used and why it is required for the performance of this contract.

1.9 ENVIRONMENTAL RECORDS BINDER

Create and maintain a three-ring binder of documents that demonstrate compliance with the environmental permits in this contract. Items for the binder include the following:

a. Training records

b. Relevant environmental permits

c. Waste Determination Documentation

d. Solid Waste Disposal Report

e. Hazardous Waste/Debris Management Report

Maintain the binder on-site and submit to the Contracting Officer at the completion of the project. The binder must be available for review at all times.

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

a. 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.

b. 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 that is consistent with the requirements as specified. Confine construction activities to within the limits of the work indicated or specified.

c. Be knowledgeable of regional efforts and regulations to control invasive plant and animal species as referenced by local, state, and federal agencies.

3.1.1 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.

3.1.2 Vegetation

a. Do not remove, cut, deface, injure, or destroy trees, shrubs, or other vegetation without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for 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.

b. Protect existing trees that are to remain to ensure they are not injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced stone, soil, or other materials from uncleared areas. Coordinate with the Contracting Officer and USACE District Environmental Office (CENWP-PME) to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.

3.2 SURFACE AND GROUNDWATER

3.2.1 Waters of the United States

Do not enter, disturb, destroy, or allow discharge of contaminants into waters of the United States.

3.3 CULTURAL RESOURCES

3.3.1 Archaeological Resources

a. 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. Upon such discovery or find, immediately notify the CO 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.

b. Resources covered by this subpart include any human skeletal remains or burials; artifacts; shell, maiden, bone, charcoal, or other deposits; rock or coral alignments, paving's, wall, or other constructed features; historic bottles, cans, and refuse; and any indication of agricultural or other human activities. A questions on discovered artifacts should be brought to the attention of the Government. The Government retains ownership and control over archaeological resources.

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.

Equipment must not remain idle for longer than 5 minutes to reduce air emissions.

3.4.1 Burning

Burning is prohibited on the Government premises.

3.4.2 Dust Control

Keep dust down at all times, including during nonworking periods. 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.

3.4.3 Particulates

Dust particles, aerosols, and gaseous by-products from construction activities, and processing and preparation of materials (such as from asphalt 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 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 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.

3.4.4 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

a. 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 must not be disposed of in a landfill.

b. Include the name, physical address, and telephone number of the hauler, if transported by a franchised solid waste hauler. Include the destination and, unless exempted, provide a copy of the state or local permit (cover) or license for recycling.

3.6 WASTE MANAGEMENT AND DISPOSAL

3.6.1 Waste Determination Documentation

Complete a Waste Determination form (provided at the pre-construction conference) for anticipated Contractor-derived wastes to be generated. All potentially hazardous solid waste streams that are not subject to a specific exclusion or exemption from the hazardous waste regulations (e.g.

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. Base waste determination on user knowledge of the processes and materials used, and analytical data when necessary. Attach support documentation to the Waste Determination form. At a minimum, provide a Waste Determination form for the following waste (this listing is not inclusive): oil- and latex -based painting and caulking products, solvents, adhesives, aerosols, petroleum products, and containers of the original materials.

3.6.2 Solid Waste Management

3.6.2.1 Solid Waste Disposal Report

Submit a Solid Waste Disposal Report to the Contracting Officer following completion of construction. For each waste, including the old trash racks, the report will state the classification (using the definitions provided), amount in cubic yards, pounds, or tons, location, and the name of the business receiving the solid waste. The business receiving the waste must possess a current Solid Waste Management Permit, and the Contractor must provide a copy of this permit along with other waste disposal documentation in the Solid Waste Disposal Report. Provide copies of the waste handling facilities' weigh tickets, receipts, and bills of sale and other sales documentation. In lieu of sales documentation, a statement indicating the disposal location for the solid waste that is signed by an employee authorized to legally obligate or bind the firm may be submitted. The sales documentation must include the receiver's tax identification number and business, EPA or state registration number, along with the receiver's delivery and business addresses and telephone numbers. For each solid waste retained for the Contractor's own use, submit the information previously described in this paragraph on the solid waste disposal report. Prices paid or received do not have to be reported to the Contracting Officer unless required by other provisions or specifications of this Contract or public law.

3.6.2.2 Control and Management of Solid Wastes

a. Pick up solid wastes, and place them 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. Transport solid waste off Government property and dispose of it in compliance with 40 CFR 260, state, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill is the minimum acceptable offsite solid waste disposal option. Verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate. Solid waste disposal offsite must comply with the most stringent local, state, and federal requirements, including 40 CFR 241, 40 CFR 243, and

40 CFR 258.

b. Manage hazardous material used in construction, including 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 on Government property. Do not discharge any waste to a sanitary sewer, storm drain, or to surface waters or conduct waste treatment or disposal on Government property without written approval of the Contracting Officer. Provide the documentation required in this subsection in the Hazardous Waste/Debris Management Report, Part (e) of the Environmental Records Binder, Subpart 1.8.

3.6.3.1 Hazardous Waste/Debris Management

a. Prepare a Hazardous Waste/Debris Management Report that identifies the hazardous waste or debris generated by construction activities.

Include a documented waste determination for resultant waste streams.

Identify, label, handle, store, and dispose of hazardous waste or debris in accordance with federal, state, and local regulations, including 40 CFR 261, 40 CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265, 40 CFR 266, and 40 CFR 268. Include the Hazardous Waste/Debris Management Report in the ENVIRONMENTAL RECORDS BINDER.

b. Manage hazardous waste in accordance with the approved Hazardous Waste Management Section of the EPP. Store hazardous wastes in approved containers in accordance with 49 CFR 173 and 49 CFR 178. Hazardous waste generated within the confines of Government facilities is identified as being generated by the Government. Do not bring hazardous waste onto Government property.

3.6.3.2 Hazardous Waste Disposal

The following applies to disposal of any hazardous waste:

a. Use, or propose for use, materials which may be considered environmentally friendly in that waste from such materials is not regulated as a hazardous waste or is not considered harmful to the environment.

b. Documentation for analysis, sampling, transportation, and disposal of all hazardous waste generated during this Contract must be in accordance with 40 CFR parts 260 through 262.

c. Remove all Contractor hazardous wastes from the project for proper disposal within 90 days of waste generation or at the completion of on-site work. Package, label, and mark all hazardous waste in accordance with 49 CFR 172 and 40 CFR 262. Store all hazardous waste in accordance with 40 CFR 264.

d. Transportation of Contractor hazardous material must be in accordance with 49 CFR 171 through 178, 49 CFR 172, 49 CFR 172.101, 49 CFR 173, and 49 CFR 178.

e. Use the Contractor's Environmental Protection Agency (EPA) identification number to dispose of all hazardous waste generated by the Contractor and its subcontractors under this Contract. This is construed to mean all hazardous waste the Contractor or subcontractors generate from materials brought on the site for the purpose of performing work under the terms of the Contract.

f. The Government will dispose of all hazardous waste generated from Government-owned facilities on the project. This is construed to mean hazardous wastes generated from the repair, demolition, or removal of any existing materials and buildings from the Government facilities and is not intended to include any wastes generated by the Contractor in the performance of its work.

g. The GQAR will notify the project Environmental Compliance Coordinator (EEC) when Government owned wastes are generated.

The project EEC will ensure that the wastes are labeled correctly.

The GQAR will notify the project EEC when waste containers are full.

The project EEC will then arrange for movement of the waste to a designated Government waste collection area.

h. It is the responsibility of the Contractor to prepare Hazardous Waste Manifests for Contractor generated hazardous waste. The Government will review the Contractor's hazardous waste manifest to ensure the use of the Contractor's own EPA identification number.

i. Recycle hazardous or dangerous waste to the maximum extent possible.

Placing hazardous or dangerous waste in a permitted hazardous waste landfill must be the last resort.

3.6.3.3 Universal Waste Management

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

(1) Batteries as described in 40 CFR 273.2

(2) Lamps as described in 40 CFR 273.5

(3) Mercury-containing equipment as described in 40 CFR 273.4

b. Mercury is prohibited in the construction of the trash racks, unless specified otherwise.