General Environmental Language for SOWs 26aug2011.doc

General Environmental Language for SOWs

26 August 2011

1. General Environmental Compliance

1.1. The contractor is responsible for complying with all applicable local, state, and federal environmental requirements to include applicable Army and OHARNG regulations. This includes but is not limited to the proper characterization, management and disposal of wastes; proper storage, use and transportation of hazardous materials; spill prevention and clean up; obtaining proper permits and submitting proper notifications as applicable to the work being conducted; and protection of surface water and natural resources.

1.2. The contractor is responsible to clean up all spills/leaks within the project area immediately upon discovery. Clean up must be satisfactory to the OHARNG and/or the Ohio EPA or other regulatory agency. Any spill over 25 gallons or a spill of any amount into water will be reported to the OHARNG immediately in accordance with the local OHARNG Spill Contingency Plan notification/reporting procedures. All other spills will be reported in writing on the OHARNG Spill Report Form to the OHARNG within 24 hours. The contractor will be provided with a point of contact for submitting such reports/notifications.

1.3. The contractor may not introduce any non-native plants within the project area. The contractor shall utilize native plant species for soil stabilization and final site close out. Non-persistent non-native grasses may be used for temporary seeding/stabilization. The contractor may propose a native grass seed mix for final seeding. Such a proposal must be approved by the local OHARNG Environmental Office. The contractor may use the native grass seed mixes provided by the OHARNG. All seeding must be mulched with at least 2 inches of straw mulch if broadcast seeded or an appropriate cover is hydro-seeded. Seed drilling usually does not require mulch. The contractor is responsible for ensuring the establishment of vegetative cover and soil stabilization of the project area and must use all means available and necessary to accomplish this. Straw erosion mats, rip rap, geo-cell, or other applicable soil stabilization methods, when needed, will be proposed to the OHARNG and approved before implementation.

1.4. The contractor is responsible for ensuring their activities are done in accordance with requirements set forth by the OHARNG to ensure compliance with the National Historic Preservation Act and other applicable laws and regulations. The contractor may not conduct any ground disturbing activity, structure renovation, maintenance, modification, or demolition until assurance is received from the OHARNG that cultural resources requirements have been met and coordination completed. The OHARNG will conduct the coordination but may require information from the contractor to do so. If during a project, the contractor makes an inadvertent discovery of human remains, funerary items, animal remains, household artifacts or other artifacts, they will immediately stop work. All remains and artifacts will be left in place and measures taken to protect the site and artifacts from pilferage and damage will be implemented. The OHANRG Cultural Resources Manager will be notified immediately at (614) 336-6569/6568 as well as the Contracting Officer. For human remains, the local OHARNG security personnel and Sheriff or law enforcement with jurisdiction will also be notified.

1.5. The contractor is responsible for paying all fees and acquiring all applicable permits or regulatory approvals associated with the work they are performing. Depending upon the permit/notification, it may need to be issued in the OHARNG’s name. Coordination will be done with the OHARNG to determine this and the contractor will complete the application/notification for OHARNG signature and submit the application and associated fees. All permit submittals will be coordinated and approved by the OHARNG regardless who signs the application.

1.6. The contractor will not correspond with any regulatory agency on behalf of the OHARNG without approval of the OHARNG. This includes meetings, phone calls, emails, or other written or verbal communications. The OHARNG will review and approve all correspondence before it is sent to a regulatory agency to include but not limited to the federal or Ohio Environmental Protection Agency, the US Fish and Wildlife Service, the Ohio Historic Preservation Office, and the US Army Corps of Engineers.

2. Erosion Control, Stormwater and Other Surface Water Management

2.1. For all projects, regardless of the disturbance acreage, the contractor shall use all methods appropriate and required to prevent soil from leaving the project site either by wind, water, or on vehicles and equipment. Silt fence and other temporary run off soil detention methods will be used as needed. Spoil piles and disturbed areas will be managed in accordance with the stipulations in the Ohio EPA Stormwater Construction Permit and will be seeded with a temporary seed mix if left idle for the designated period of time. The project site will be closed out by preparing the soil as a seed bed and seeding and mulching with the appropriate native seed mix. For late season seeding annual ryegrass or winter wheat may be added to provide a quick cover. Temporary erosion control measures (silt fence) will be removed by the contractor once vegetation has been established and soil on the project area is stabilized.

2.2. For projects that disturb 1 or more acres of ground, the contractor will complete a NOI for coverage under the Ohio EPA General NPDES Permit for Stormwater Discharges Associated with Construction Activity. The NOI will be filled out with the Ohio Army National Guard – “Facility” (such as Camp Ravenna or Camp Perry, etc.) as the owner and the specific project identified as the Facility Name (such as Camp Ravenna Barracks III). The NOI will be reviewed and approved by the local OHARNG Environmental Office. The contractor will submit the approved NOI and pay the associated fee. The contractor and applicable sub-contractors will complete and submit Co-Permittee NOI's and will obtain coverage as co-permittees under the OHARNG permit. The contractor will submit the OHARNG approved and signed NOI and will pay the permit application fee.

2.3. When an Ohio EPA Construction Storm Water Permit is needed, the contractor will develop a Stormwater Pollution Prevention Plan (SWP3) in accordance with the requirements contained in the Ohio EPA General NPDES Permit for Stormwater Discharges Associated with Construction Activity. The SWP3 will be provided to the local Soil and Water Conservation District (SWCD), local County Engineer (if required by County or other regulations) and the local OHARNG Environmental Office for review and approval. The contractor will make corrections to the SWP3 based upon OHARNG and SWCD comments. The SWP3 will be signed by the local OHARNG Environmental Office and the Contractor. The final copy of the SWP3 will be in a three ring binder and a signed copy of the SWP3 will be given to the local OHARNG Environmental Office and a copy will remain at the work site during project execution.

2.4. The contractor will implement the SWP3 and conduct all inspections and maintain stormwater/erosion controls in accordance with the SWP3. The contractor will use the inspection checklist for stormwater controls in the SWP3 and shall complete and maintain signed inspections on site in the SWP3 binder. Copies of weekly/post storm event inspections will be provided to the local OHARNG Environmental Office monthly. The contractor will notify the local OHARNG Environmental Office immediately if there is a stormwater control failure and off site discharge from the project area.

2.5. The contractor will notify the local OHARNG Environmental Office within 45 days of final site stabilization. The local OHARNG Environmental Office will inspect the site and will submit a Notice of Termination (NOT) if the site stabilization is approved. The contractor is responsible for submitting the NOT(s) for termination of their co-permittee coverage after the OHARNG has terminated the permit. The site is considered to have reached final stabilization when the terms identified in the Ohio EPA Permit are met.

2.6. The contractor will use best management practices or whatever means necessary to prevent contamination of stormwater due to runoff from wastes, debris piles, fuel tanks, materials and equipment, and other storage/materials on the project site.

2.7. The contractor is not permitted to disturb or fill any wetlands, streams, or other surface waters while performing tasks within this scope of work unless such disturbance or fill is specifically identified as a task in the scope and applicable permits and authorizations have been obtained. The contractor will maintain a 30 foot undisturbed buffer and keep all equipment, materials, vehicles, debris, waste, and personnel out of this buffer and wetlands and depressional areas that hold water and prevent discharges of any type (chemical or soil) from entering such areas.

3. Hazardous Waste and Other Waste and Recycling

3.1. Hazardous waste generated by contractors working on OHARNG projects counts toward the OHARNG monthly total and is an OHARNG waste. The contractor is responsible for minimizing all waste generation from OHARNG projects and for properly managing all wastes generated from OHARNG projects. Waste will be managed in accordance with all applicable Federal, States, U.S. Army, NGB and OHARNG regulations and requirements. The contractor must coordinate all hazardous waste generation and management activities with the OHARNG Environmental Office prior to beginning work. OHARNG sites may have specific hazardous waste information / management guidelines that must be followed to ensure compliance with applicable regulations and requirements.

3.2. The contractor is responsible for characterizing all waste generated from a project and notifying the OHARNG of all waste streams, management methodology, and disposal methods prior to beginning work. If an alternative practice is available that will eliminate or minimize hazardous waste generation, the contractor is required to implement such practice, e.g. using dry ice instead of sand to sand blast lead based paint and minimize lead waste.

3.3. The contractor is responsible for properly labeling, storing, and inspecting hazardous waste pending disposal.

3.4. The contractor is responsible for properly completing all waste manifest and shipping documents (hazardous and non-hazardous waste). Such documents will be reviewed, approved, and signed by the OHARNG.

3.5. Contractors are required to utilize waste haulers and Treatment, Storage, and Disposal Facilities (TSDF’s) on the latest Defense Reutilization Marketing Office (DRMO) approved list.

3.6. Water and other liquid wastes generated by the contractor shall be managed in accordance with the waste management guidance in this section and applicable federal, state, and local regulations. Liquid waste may not be discharged to the land surface, surface water, storm drain/ditch, or a sanitary sewer unless properly characterized and done in accordance with applicable laws and applicable permit conditions. Liquid waste will be characterized and proper management and disposal methods identified and implemented.

3.7. The contractor will develop a work plan that identifies the qualified personnel responsible for waste management; waste to be generated (hazardous and non-hazardous waste); methods to be used to minimize hazardous waste generation; methods and laboratories to be used to characterize the waste; DRMO approved waste haulers and TSDF’s to be used; proposed on site waste storage locations; on site waste management and inspection procedures to be implemented to include maximum storage time/proposed waste pickup/transport date; emergency plan and emergency contact information; and any other information pertinent to the generation and management of waste generated during project implementation. The work plan will be reviewed by the environmental office and edited by the contractor as necessary to correct deficiencies. Work may not begin until this work plan has been approved by the environmental office. A copy of the final work plan will be provided to the contracting office, the appropriate OHARNG environmental office, the OHARNG technical representative and one will be available at the project site at all times.

3.8. The contractor is required to recycle materials that can be recycled and to track the materials that are recycled and the materials that are disposed of in a landfill or by other methods. The contractor will provide the OHARNG with a monthly rollup report of all waste/recycle streams and the type of materials that were disposed of and those recycled. Quantities will be reported in cubic yards (or cubic feet if appropriate) and tons (or pounds if appropriate). The report will also identify the location/facility where the material was disposed of or recycled. Submittal schedule for these reports will be determined at the pre-construction in-brief.

4. Asbestos

4.1. Asbestos Identification: The asbestos content of all building materials to be impacted or disturbed during renovation, demolition, or project activities must be determined. asbestos content may be determined by the following methods: 1) The contractor may reference an existing asbestos survey for the building is one available as provided by the OHARNG OR 2) If a building survey is not available, the contractor must collect bulk samples for asbestos in accordance with the Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Part 763.86 {OAC 3701-34-06(C)(9)} and prepare a detailed AHERA type report for each site where bulk samples are collected {OAC 3701-34-06(C)(10)}.

4.2. Asbestos Work Activities: All asbestos activities, including any disturbance or removal, must be conducted in accordance with applicable Federal, State, local regulations. Asbestos must be properly handled, removed, containerized, and disposed of in accordance with applicable Federal, State, and local regulations. Asbestos removal methods and disposal operations shall be detailed in an asbestos abatement plan to be reviewed and approved by the OHARNG environmental office prior to the start of work activities. All abatement activities shall be conducted by a licensed abatement contractor in accordance with applicable Federal, State, and local regulations and guidance. All asbestos wastes generated as part of the building renovation or demolition activities and/or abatement activities must be disposed of in a licensed asbestos landfill. If DRMO has identified approved asbestos landfills, one of the DRMO approved landfills must be used. Disposal manifests for all asbestos waste must also be signed and approved by an OHARNG environmental office representative prior to shipment from the project site or OHARNG facility.

4.3. Asbestos Notifications: In accordance with applicable regulations, the contractor may be required to submit a 10-business-day notification prior to the start of an abatement or demolition activity to the Ohio Department of Health (ODH) and/or the Ohio EPA. All agency notifications must be reviewed, approved, and signed by an OHARNG environmental office representative prior to agency submittal. Disposal manifests for all asbestos waste must also be signed and approved by an OHARNG environmental office representative prior to shipment from the project site or OHARNG facility.