Amend_2_-_01_57_20.pdf

PHASE 2 - MAIN OPERATIONS 60140804P2

C2F COMPLEX

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

02/08

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Errata 1-2010; Changes 1-3 2010;

Changes 4-6 2011; Change 7 2012) Safety and Health Requirements Manual

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 150 - 189 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

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

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.

SECTION 01 57 20 Page 1

Amendment 2

1.2.2 Environmental Protection

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

1.2.3 Contractor Generated Hazardous Waste

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

These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Installation Pest Management Coordinator

Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan.

1.2.5 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.

1.2.6 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.

1.2.7 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.

1.2.8 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.

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1.2.9 Waters of the United States

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

1.2.10 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

WETLANDS DELINEATION MANUAL.

1.3 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work 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.

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.

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

1.6 SUBMITTALS

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

submittals not having a "G" designation are for information only. LEED Coordinator review is required for submittals with an "L" designation.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The environmental protection plan.

Joint Condition Survey

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the

SECTION 01 57 20 Page 3 site, the Contractor shall submit an Environmental Protection Plan (EPP) for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction and to plan for and provide environmental protective measures to control pollution that may develop during construction. 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 each environmental issue and required construction 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 Construction, 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 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.

b. Name (s), qualifications (in resume format), duties, responsibilities, and authorities of the Erosion Control Specialist.

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

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

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

f. A Storm Water Pollution Prevention Plan (SWPPP) which identifies the type and location of the erosion and sediment controls to be provided, including site-specific Best Management Practices (BMP).

The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with Federal, State, and local laws and regulations. Provide a cover sheet that includes the following certification statement, signed by an

SECTION 01 57 20 Page 4 authorized representative of the contractor.

I certify that:

The Storm Water Pollution Prevention Plan (SWPPP) was prepared in accordance with HAR, Chapter 11-55, Appendix C, Section 7.

(Enter Contractor name) will comply with all terms, conditions, and requirements in HAR Chapter 11-55, Appendix C.

(Enter Contractor name) will implement, operate, and maintain the SWPPP to ensure that storm water discharges associated with construction activities will not violate HAR, Chapter 11-54; HAR, Chapter 11-55; and HAR, Chapter 11-55, Appendix C.An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided, including site-specific Best Management Practices (BMP). The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with all Federal, State, and local laws and regulations. Contractor shall utilize the State of Hawaii's Department of Health (DOH) form entitled "Site Specific Construction Best Management Practices (SSCBMP) Plan" (Rev.

02/03/11, or latest available version). A complete SSCBMP must be submitted to the Clean Water Branch for comment no less than thirty (30) calendar days prior to the start of construction.

g. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

h. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

i. Work area plan showing the proposed activity in each portion of the work area and identifying the areas of limited use or nonuse.

Plan shall include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work 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 Fort Shafter Response Personnel, as designated by the Contracting Officer, 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.

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Immediately report all hazardous material spills to the Contracting Officer. In addition, notify the Directorate of Public Works Environmental Division (DPW Env) Emergency Spill Line at 656-1111. The spill line is manned 24 hours, seven days a week.

Provide notification to the State, City, National Response Center or media as directed by the Installation On-Scene Coordinator.

(2) The name and qualifications of the individual(s) 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 and schedules for disposal.

(1) 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.

(2) Evidence of the disposal facility's acceptance of the solid waste for the full duration of the Contract shall be attached to this plan. The Contractor shall attach a copy of each of the Non-hazardous Solid Waste Diversion Report forms 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).

(3) 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

SECTION 01 57 20 Page 6 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 stored 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 construction 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 waste water, 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 waste water. 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 construction. 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 Installation Project Office specific requirements. The Contractor shall follow DA AR 200-1, Chapter 5 Pest Management, Section 5-4 'Program Requirements', and Department of Defense Instruction (DODI) 4150.7. See Enclosure 4 of DODI 4150.7 for program elements and data required to the Installation.

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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 construction 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 work site 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 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the special environmental requirements listed herein and in the contract.

1.9.1 Asbestos Prohibition

All materials used shall be asbestos free (not contain any detectable amount of asbestos).

1.10 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.

1.11 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and shall immediately 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

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Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained the National Pollutant Discharge Elimination System (NPDES) Notice of General Permit Coverage (NGPC) for Discharges of Storm Water Associated with Construction Activities. The Contractor shall familiarize itself with the requirements of HAR Chapter 11-55, Appendix C and shall comply with it along with the terms and conditions of the attached NGPC at the end of this section.The Contractor shall be responsible for obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations.

3.1.1 Permits and Responsibilities

A copy of the NGPC and the Notice of Intent for Discharges of Stormwater Associated with Construction Activities (NOI) are attached to the end of this section. The documents contained in this section, or in a referenced appendix, are made a part of this contract. The Contractor shall comply with all permit requirements applicable to the contract's construction activities.

The Contractor shall be responsible to prepare the SWPPP and submit for approval in accordance with the Hawaii Administrative Rules, Chapter 11-55, Appendix C found at http://health.hawaii.gov/cwb/files/2013/04/Clean_Water_Branch_20131210_ Appendices_C_and_A.pdf. The Contractor shall continually monitor construction activities and modify the SWPPP as needed to ensure continued compliance with the permit and to prevent impacts to water quality.

Although the term "permittee" references the U.S. Army Corps of Engineers in the NGPC, for contract purposes, the term "permittee" shall mean the Contractor. the permittee could face penalties of up to $25,000 per day per violation for failure to comply with any of the provisions of the HAR Chapter 11-55, Appendix C. The Contractor shall be responsible for paying any and all fines and/or penalties resulting from his failure to fully comply with Section 342-11 HRS and any other applicable State of Hawaii statutes.

The Contractor shall also complete a Solid Waste Disclosure Form for submission to the Office of Solid Waste Management.

In order to complete the NPDES permit process for discharges associated with construction storm water, the Contractor shall develop a Site-Specific Construction Best Management Practices Place (SSCBMP) for acceptance by the Hawaii Department of Health Clean Water Branch (DOH). The SSCBMP template may be downloaded from the DOH website. The Contractor shall be responsible for the resolution of comments that the State DOH may have regarding the SSCBMP. The Contractor shall also complete a Solid Waste Disclosure Form for submission to the Office of Solid Waste Management.

SECTION 01 57 20 Page 9

A copy of the National Pollutant Discharge Elimination System (NPDES) conditional Notice of General Permit Coverage (NGPC) along with the Notice of Intent for Discharges of Stormwater Associated with Construction Activities (NOI) is attached to the end of this section. The documents contained in this section, or in a referenced appendix, are made a part of this contract. The Contractor shall comply with all permit requirements applicable to the contract's construction activities.

The Contractor shall comply with all permit requirements and conditions as stipulated in the NGPC. Although the term "permittee" references the U.S.

Army Corps of Engineers in the NGPC, for contract purposes, the term "permittee" shall mean the Contractor. Construction cannot start until NPDES permitting requirements are completed. As specified in Section 342-11 Hawaii Revised Statutes (HRS), if the contract has any storm water discharge before a NGPC is issued, the permittee could face penalties of up to $25,000 per day per violation. The Contractor shall be responsible for paying any and all fines and/or penalties resulting from his failure to fully comply with Section 342-11 HRS and any other applicable State of Hawaii statutes.

3.2 LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, 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.

3.2.1 Work Area Limits

Prior to commencing construction 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. Fencing is to be minimum 8 foot height, red plastic type with slats. Monuments and markers shall be protected before construction operations commence. Where construction 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.

3.2.2 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 techniques in a manner acceptable to the Contracting Officer. The Contractor shall restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area to their original (pre-construction) condition.

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3.2.3 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 construction activities. The area of bare soil exposed at any one time by construction 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 indicated on the drawings and as specified in Section 01 57 23 STORM WATER POLLUTION PREVENTION MEASURES. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, 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, Army Program at Fort Shafter, FY08-15, Various Projects, Fort Shafter, Island of Oahu, Hawaii, File No. HI R10D343) which may be reviewed at the Fort Shafter Directorate of Public Works (DPW) Environmental Division. Any temporary measures shall be removed after the area has been stabilized.

3.2.4 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. Erosion and sediment controls shall be provided for on-site borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas.

3.3 WATER RESOURCES

The Contractor shall monitor construction 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 construction activities shall be monitored by the Contractor.

For construction 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.

3.4 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.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; 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

SECTION 01 57 20 Page 11 cause any Federal, State, and local air pollution standards to be exceeded or which could 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 subject to the prior approval of the Contracting Officer.

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.

3.4.2 Odors

Odors from construction 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.

3.4.3 Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize environment damage by noise. The Contractor shall comply with State of Hawaii rules and regulations.

3.4.4 Burning

Burning is prohibited on the Government premises.

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. No debris shall be allowed to overflow containers or be allowed to accumulate in the vicinity of the containers. 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 all site procedures and all 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, SECTION 01 57 20 Page 12 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 Installation 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, 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 or less 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 and the Directorate of Public Works Environmental Division (DPW Env) at the following phone numbers: Emergency Spill Line - 808-656-1111. The previous information shall be included in the Contractor's Spill Control Plan (refer to paragraph 1.7.2 of this section) 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.

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 and as approved by the Contracting Officer.

3.5.5 Waste Water

Disposal of waste water shall be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. 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 construction related waste water off-Government property in accordance with all Federal, State, Regional and Local laws and regulations.

b. For discharge of ground water, the Contractor shall obtain a State

SECTION 01 57 20 Page 13 or Federal permit specific for pumping and discharging ground water prior to surface discharging.

c. Water generated from the flushing of lines after disinfection or disinfection in conjunction with hydrostatic testing shall be discharged into the sanitary sewer with prior approval and/or notification to the Waste Water Treatment Plant's Operator.

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 in support of the project's LEED Certification goals. Refer to Section 01 33 29 LEED DOCUMENTATION and Section 01 74 19 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING for further requirements.

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

Existing historical, archaeological, and cultural resources within the Contractor's work area will be identified and fenced off by the Installation prior to the start of construction. The Contractor shall protect these resources and shall be responsible for their preservation during the life of the Contract. During excavation or other construction activities, if any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities in the vicinity of the find shall be temporarily suspended until the Contracting Officer has provided direction to resume construction activities. 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.

There is a known archeological site on the project site, as follows:

a. Site 5341 - Kahauiki Rock Shelter. This is a rock outcropping east of Parks Road and north of Chamberlain Road. Prior to the start of construction the Government will erect an orange protective fence around the perimeter of this site. The Contractor shall then erect a protective chain link fence, with the type of fencing to be reviewed and approved prior to erection with the Contracting Officer, at a distance of 10 feet around the Government's inner orange fence. This barrier shall be maintained during the duration of the contract.

3.8 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, SECTION 01 57 20 Page 14

State, Regional, and local laws and regulations.

3.9 INTEGRATED PEST MANAGEMENT

In order to minimize impacts to existing fauna and flora, the Contractor, through the Contracting Officer, shall coordinate with the Installation Pest Management Coordinator (IPMC) at the earliest possible time prior to pesticide application. The Contractor shall discuss integrated pest management strategies with the IPMC and receive concurrence from them through the Contracting Officer prior to the application of any pesticide associated with these specifications. Installation 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. For termiticide requirements see Section 31 31 16.21 MESH TERMITE BARRIER. The use and management of pesticides are regulated under 40 CFR 150 - 189.

3.9.1 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.

3.9.2 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 of Hawaii.

3.9.3 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 at the Contractor's project site office for all pesticide products.

3.9.4 Application

Pesticides shall be applied by a State Certified Pesticide Applicator in accordance with EPA label restrictions and recommendations. 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.

3.9.5 Pest Management Report

The Contractor shall complete and submit DD Form 1532, 'Pest Management Report' for pesticide (insecticide and herbicide) usage to the Contracting Officer on a monthly basis, by the first working day after each month, starting the first month that pesticides have been used. A copy of DD Form 1532 (fillable.pdf) is available at:

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1532.pdf

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3.10 PREVIOUSLY USED EQUIPMENT

The Contractor shall clean all previously used construction 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.

3.11 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 construction activities create the particular pollutant.

3.12 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.

3.13 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. The Contractor shall conduct and properly document periodic environmental protection/pollution control meetings for all Contractor personnel prior to commencing construction 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.

3.13.1 Construction Best Management Practice (BMP) Training

While working on Corps of Engineers construction contracts in Hawaii, Contractors are required to know and understand how EPA, DOD, the Army, and the State of Hawaii environmental compliance requirements impact construction activities. Environmental compliance means performing all construction in such a manner so that they prevent harm to the environment and workers.

Obtain a copy of the Powerpoint presentation, "Construction Best Management Practice (BMP) Storm Water Training" from the COR. This training is designed to provide an understanding and awareness of the environmental requirements established by the United States Environmental Protection Agency (EPA), the United States Department of Defense (DOD), the United States Army (Army), and the State of Hawaii. Maintaining environmental compliance is everyone's responsibility.

3.13.1.1 Training Requirement

The Contractor's Quality Control System Manager (CQCSM) is responsible for ensuring that the following personnel take the Construction Best Management

SECTION 01 57 20 Page 16

Practice (BMP) Training as a prerequisite to acceptance in their respective position(s) on this contract:

a. All personnel identified in the Contractor's Quality Control Plan (Section 01 45 04 CONTRACTOR QUALITY CONTROL).

b. All personnel identified in the Accident Prevention Plan (Section

01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS).

c. All personnel identified in the Organization Plan (Section 01 90 00

MISCELLANEOUS PROVISIONS).

d. All personnel identified in the Environmental Protection Plan (paragraph 1.7, ENVIRONMENTAL PROTECTION PLAN).

e. All subcontractor personnel responsible for quality control, safety and environmental protection for their respective companies on this contract.

3.13.1.2 Training Certificates

Upon completion of the training, individuals will receive a certificate signed by the Contractor's Quality Control System Manager certifying that the named individual has completed the Powerpoint training. The training is required for each contract and is only valid for the duration of the contract for which the training has been taken. When printing the certificate, in the space provided to enter the name of the trainee, also include the contract number for which the training is being taken. A copy of all current, valid certificate shall be maintained at the jobsite for all personnel identified above, at all times.

3.13.1.3 Quarterly Staff Environmental Compliance Training

At least once a quarter, both contractor and subcontractors shall meet to jointly discuss and cover an environmental compliance issue that is specific to the work they perform at the construction site. The names of persons attending the training and minutes of what was discussed shall be documented, filed and accessible to inspectors.

3.13.1.4 Inspections

Representatives from DPW Environmental Division, State of Hawaii Department of Health (SDOH), or EPA may inspect the construction site without notice to determine if the construction site is in compliance with EPA, SDOH, or installation regulations. The Contractor shall correct all deficiencies within 14 calendar days or as specified.

3.14 CONTAMINATED MEDIA MANAGEMENT

Contaminated environmental media consisting of, but not limited to, ground water, soils, and sediments shall be managed in accordance with all applicable sections of the specifications.

3.15 POST CONSTRUCTION CLEANUP

The Contractor shall clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up". The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or

SECTION 01 57 20 Page 17 waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area shall be graded, filled and the entire area seeded unless otherwise indicated.

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