00290Environmental Protection

00290.00 Scope - This Section describes t he Contractor's duties and obligations with respect to

protection of the land, waters, air, wildlife, and other environmental resources of the State. Comply with all applicable federal, State, and local environmental, health, safety, and other laws, acts, statutes, regulations, administrative rules, ordinances, orders, and permits, as they may be amended from time to time (referred to in this Section as "Laws"). Comply with all applicable Laws, whether or not specifically referenced in this Section or els ewhere in the Contract. Federal, State, and local agencies known to have enacted ordinances and regulations relating to environmental pollution and the preservation of natural resources that may affect the performance of the Contract are listed in 00170.01. If any provision of the Specifications appears to conflict with one or more Laws, the more stringent requirement shall apply, unless the Engineer directs otherwise in situations where the Specifications are more stringent. Comply with all addit ional requirements or Laws imposed by any agency or governmental unit having authority to enforce the Endangered Species Act (ESA) and other Laws. All penalties assessed against the Agency because of the Contractor's violation of Laws referenced above, or permits applicable to the Project, will be withheld from the progress or final payments according to 00195.50(e). No condition of the Contract releases the Contractor from any responsibility or requirement under any environmental or other Law.

00290.10 Staging and Disposal Sites - Locate staging areas and disposal sites in previously

improved or disturbed sites, including existing Roadway s, pullouts, turnouts, parking lots, and storage yards that have been compacted, and graveled or paved, unless other wise specified or approved, in writing, by the Engineer. Do not stage Equipment, park Equipment or store Materials in any City, County, State, or Federal park, wayside or recreational facility.

00290.11 Water Conservation - Minimize use of water by maintaining Equipment , immediately fixing

water line and container leaks, ensuring water valves are turned off promptly, and using recycled water when feasible.

00290.20 Waste, Hazardous Waste, and Hazardous Substances - Comply with all applicable

federal, State, and local Laws as they pertain to the storage, handling, management, transportation, disposal, and documentation of waste, hazardous waste, and hazardous substances. (a) Hazard Communication - Ensure the following documents are readily available on- site to employees, Subcontractors and Inspectors: • Material Safety Data Sheets (MSDS) for all hazardous substances stored or used on- site. • Written hazard communication program, including employee training documentation. The Oregon Occupational Safety and Health Division (OR -OSHA) provides guidance to meet these requirements in their publication Hazard Communication: A Safe-Work -Practice Guide . 00290.20 245 (b) Fuel S torage - Store fuel according to the current edition of the International Fire Code and all applicable federal, State, and local Laws. If total fuel and petroleum storage, in containers 55 gallons or larger, exceeds 1,320 gallons, comply with the applicable spill prevention control and countermeasures (SPCC) requirements of 40 CFR 112. If applicable, submit the professional engineer stamped SPCC plan, 10 Days before the preconstruction conference. Comply with the plan and keep a copy on- site and readily available. The SPCC plan may be combined with the Pollution Control Plan required under 00290.30(b). (c) Waste Management: (1) General - Prepare a hazardous waste determination for all waste generated on- site to determine whether the waste is classified as hazardous waste, universal waste, excluded waste, waste water, or solid waste. The Agency may provide initial analytical results for some wastes such as lead- based paint and asbestos containing material. Conduct additional testing necessary for waste characterization and disposal using an Oregon Environmental Laboratory Accreditation Program (ORELAP) accredited laboratory, under chain of custody procedures. Segregate all demolition and construction debris according to its intended end use (reuse, recycle, or dispose). If required, store in designated areas in a manner that prevents contamination to Soil and water and prevents fugitiv e dust emissions. Remove all waste materials recovered from the site unless otherwise approved, in writing. Retain disposal and recycling facility receipts for wastes generated on site for at least 1 year after completion of the Project. Provide copies of the receipts to the Engineer within 7 Calendar Days of the disposal or recycling. Dispose of noxious weeds and Specified Weeds according to Section 01030. Do not reuse demolition material, coated or treated materials, or concrete and masonry materials in waters of the State or U.S. (2) Clean Fill - Clean fill, as defined by OAR 340-093 -0030, becomes the property of the Contractor at the place of origin. (3) Reuse, Recycle, Compost and Dispose of Materials - Waste materials become the property of the Contractor at the place of origin. Unless prohibited by Law, treat waste materials according to the following priority: • Reuse demolition and construction debris. • Recycle demolition and construction debris. • Compost or mulch yard waste material from lawn and landscape maintenance. • If it is not feasible to reuse, recycle, or compost, ("feasible" is defined as a facility that is capable of handling the material, will t ake the material and the cost of transportation plus the cost to reuse or recycle the material is equal to or less than the costs of disposal) dispose of waste material according to the following:

00290.29 Health and Safety - Comply with all applicable health and safety Laws as they pertain to

the hazardous substances and wastes used, stored and generated on-site. If any of these requirements are in conflict, the more stringent requirements apply.

00290.30 Pollution Control - Prevent, control, and abate pollution of the environment. Comply with

new or amended environmental pollution Laws, not contemplated at the time of Bid preparation, according to 00140.50 and ORS 279C.525. (a) Pollution Control Measures - Comply with the following requirements: (1) General: • Allow no pollutant of any kind (e.g., petroleum products or fresh "green" concrete) to come in contact with an active flowing stream or waters of the State and U.S. • Comply with the erosion prevention and sediment control requirements of Section 00280 and all applicable DEQ NPDES 1200 Permit requirements. • Do not cause turbidity to waters of the State and U.S. outside of regulated levels. (2) Materials and Waste Management: • Store construction Equipment, Materials and debris in a manner that prevents contamination of water and Soil and prevents fugitive dust. 00290.30 • Store hazardous substances in the original containers or labeled compatible containers according to State Fire Marshal's regulations, International Fire Code and product MSDS. • Locate areas for storing fuels and other potentially hazardous materials at least 150 feet away from any waters of the State and U.S. or storm inlet, unless otherwise approved. • Dispose of material waste according to 00290.20. • Do not use treated timbers within any waters of the State and U.S. (3) Equipment Fueling, Repair and Maintenance: • Promptly correct or repair operational procedures, leaks, or Equipment problems that may cause pollution at the Project Site. If Soils or other media become contaminated as a result of operational procedures or Equipment problems, remove and dispose of them according to applicable Laws and 00290.20(g). • Locate areas for parking, refueling and servicing mobile Equipment and vehicles at least 150 feet away from any waters of the State and U.S. or storm inlet, unless otherwise approved. • For large Equipment that is not easily moved, prevent fuel and operating fluids from reaching any waters of the State and U.S. or storm inlet by, at a minimum, using spill containment systems designed to completely contain potential spills during all refueling and Equipment repair operations. (4) Equipment Cleaning and Washouts: • Inspect and clean all Equipment prior to operating it within 150 feet of any waters of the State and U.S. or storm inlet. Check for fluid leaks and remove all external oil, grease, weed seed, and dirt. • Do not discharge untreated wash and rinse water into any waters of the State and U.S. or storm inlet. • Establish wash areas that contain all fluids and debris, at least 150 feet from any waters of the State and U.S. or storm inlet, such that untreated waste water does not impact those systems. • Clean concrete Equipment in washout areas that contain all fluids and debris. Recycle washout materials into fresh mixes or dispose of according to applicable permits. (5) Off Site Tracking: • Limit water leakage from trucks carrying saturated Soils to less than 1 gallon per hour before allowing them to leave the Project Site. • Remove all loose dirt and debris from trucks prior to leaving the Project Site. (6) Other Spill Prevention and Response Measures: • Inspect heavy Equipment, storage containers, staging areas and other potential sources of hazardous substances daily to identify and prevent potential releases. • If flooding of the Project site is expected to occur within 24 hours, evacuate areas used for staging, access roads, or storage and remove Materials, Equipment, and fuel. • Immediately contain and repair leaking Equipment or containers and clean up any releases according to 00290.20(g). • Maintain hazardous material containment kits and spill containment kits on-site to facilitate the cleanup of hazardous material spills on dry land and in waters of the State and U.S. 00290.30 (b) Pollution Control Plan - Develop a PCP using ODOT Form 734-2445 and submit it for approval at least 10 Calendar Days before the preconstruction conference. Maintain a copy of the PCP on-site at all times during construction activities, readily available to employees and Inspectors. Ensure that all employees comply with the provisions of the PCP. Include the following information in the PCP: • Identify a professional on-call spill response team. • Identify all Contractor activities, hazardous substances used and wastes generated. • Describe how hazardous substances and wastes will be stored, used, contained, monitored, disposed of and documented. Include pollution prevention, spill response, waste reduction, dust prevention, off site tracking prevention, washout facility design, vehicle and Equipment fueling and maintenance procedures, employee training and emergency contact information. • Include the waste determination results from 00290.20(c)(1). Provide reuse, recycle, and disposal options and the reasons for selecting those alternatives. • Include or refer to the SPCC plan and the hazardous waste contingency plan, if required. • Include scaled site plans showing locations for hazardous substance storage, spill response Equipment, communications Equipment and fire suppression Equipment. (c) Air Pollution Control Measures - Comply with ORS Chapter 468, ORS Chapter 468A, OAR 340-014, OAR 340-200 through OAR 340-268, and all other applicable Laws. (1) Vehicle and Equipment Idling - Establish truck staging areas for diesel-powered vehicles located where truck emissions have a minimum impact on sensitive populations, such as residences, schools, hospitals and nursing homes. Limit idling of trucks and other diesel powered Equipment to 5 minutes, when the Equipment is not in use or in motion, except as follows: • When traffic conditions or mechanical difficulties, over which the operator has no control, force the Equipment to remain motionless. • When operating the Equipment's heating, cooling or auxiliary systems is necessary to accomplish the Equipment's intended use. • To bring the Equipment to the manufacturer's recommended operating temperature. • When the outdoor temperature is below 20 °F. • When needed to repair Equipment. • Under other circumstances specifically authorized by the Engineer. (2) Dust Control and Permitting - Prevent airborne dust and fugitive dust emissions from construction activities including Rock, concrete, and asphalt crushing operations, and obtain permits according to 00160.70. Do not use oil, waste, waste water, or other illegal materials as dust suppressants. (3) Burn Restrictions - Burn wastes only if open burning is allowed by State, LRAPA, and local burning Laws. Obtain and comply with all required permits including DEQ permits required by OAR 340-264-0010 through OAR 340-264-0020, LRAPA permits, and local fire district permits. Provide copies of all permits to the Engineer prior to burning. Do not conduct burning within riparian areas. Conduct burning at locations where existing Structures will not be damaged and where smoke will not impact traffic. Do not burn the following materials on-site: 00290.32 • Rubber products • Tires • Plastic • Wet garbage • Petroleum and petroleum treated materials • Asphalt or industrial waste • Any material that creates dense or noxious odors • Painted materials • Asbestos, mercury or PCB-containing materials or equipment • Hazardous wastes • Scrap wiring or electrical equipment • Painted or treated wood Buildings intended for demolition may be burned by the local fire department for training purposes provided that all hazardous substances have been removed from the building before burning. Contact the local fire department for applicable restrictions.

00290.32 Noise Control - Comply with ORS Chapter 467, OAR 340-035, all other applicable Laws,

and the following construction noise abatement measures: • Do not perform construction within 1,000 feet of an occupied dwelling on Sundays or legal holidays, or between the hours of 10:00 p.m. and 6:00 a.m. on other Days, without the approval of the Engineer. • Use Equipment with sound control devices no less effective than those provided on the original Equipment. Equipment with un-muffled exhausts is prohibited. • Use Equipment complying with pertinent equipment noise standards of the EPA. • Do not drive piling or perform blasting operations within 3,000 feet of an occupied dwelling on Sundays or legal holidays, or between the hours of 8:00 p.m. and 8:00 a.m. on other Days, without the approval of the Engineer. • Mitigate the noise from Rock crushing or screening operations performed within 3,000 feet of all occupied dwellings by placing Material stockpiles between the operation and the affected dwellings, or by other means approved by the Engineer. If a specific noise impact complaint occurs during the construction of the Project, one or more of the following noise mitigation measures may be required, at no additional cost to the Agency, as directed by the Engineer: Locate stationary construction Equipment as far from nearby noise sensitive properties as feasible. Shut off idling Equipment. • Reschedule construction operations to avoid periods of noise annoyance identified in the complaint. • Notify nearby residents whenever extremely noisy Work will be occurring. • Install temporary or portable acoustic barriers around stationary construction noise sources. • Operate electric-powered Equipment using line voltage power or solar power. 00290.36

00290.34 Protection of Fish and Fish Habitat - Comply with the Laws of the Oregon Department

of Fish and Wildlife, National Marine Fisheries Service, and U.S. Fish and Wildlife Service, and the rules and practices developed through the Oregon Plan for Salmon and Watersheds. Conduct operations to avoid any hazards to the safety and propagation of fish and shellfish in waters of the State and U.S. (a) Regulated Work Areas - Perform Work within regulated work areas only within the regulated in-water work periods. Do not allow Equipment to enter any waters of the State or U.S. or the regulated work area except as allowed in permits issued for the Project. The regulated work area, if any, will be identified in the Special Provisions. (b) Prohibited Operations - Except where allowed by the Contract or by permit, do not: • Blast underwater • Use water jetting • Release petroleum products or chemicals in the water • Disturb spawning beds • Obstruct stream channels • Cause silting or sedimentation of waters of the State or waters of the U.S. • Use treated timbers within the regulated work area • Impede adult and juvenile fish passage, including intermittent streams Allow Equipment to enter or work in or on the water.

00290.36 Protection of Wildlife and Wildlife Habitat - Comply with the Laws of the Oregon

Department of Fish and Wildlife and U.S. Fish and Wildlife Service. Conduct operations to avoid any hazards to the safety and propagation of wildlife. (a) Migratory Birds - Comply with the Migratory Bird Treaty Act (16 U.S.C. 703-712) which protects most species of birds in Oregon and prohibits the removal of nests containing eggs or dependent young (i.e., active nest) without a permit. Migratory birds include most birds in Oregon; the few exceptions include rock pigeons, house sparrows, and European starlings. Except where allowed by the Contract and by permit, do not disturb an active migratory bird nest, do not inhibit the ability of adult birds to care for eggs or dependent young, and do not impact the supporting structure on which an active nest is built. If active migratory bird nests are encountered stop all actions that may disrupt the nest and its occupants (including visual and auditory impacts) and contact the Engineer. Do not resume Work that may disrupt nesting until approved by the Engineer. (b) Bats - If bats are encountered, stop all actions in the area and contact the Engineer. Do not disturb bat colonies. In the event that a bat colony is encountered during construction, the Engineer may suspend Work according to 00180.70. Do not resume Work until approved by the Engineer. Protect bats by doing the following: Prevent destruction of bat colonies as shown. If bats gain access to excluded areas, stop actions in the area and contact the Engineer. Do not resume Work until approved by the Engineer. 00290.38

00290.38 Protection of Plants - Plant habitats to be protected will be shown with the plant habitat

boundaries flagged by the Engineer. Avoid destruction of plant habitats by ensuring construction personnel, Equipment, and associated pollutants, including sediment, chemical contaminants, discharge water, non-native grass and weed seed, do not enter the habitat.

00290.40 Protection of Forests - Obtain necessary permits according to ORS 477.625 and

ORS 527.670, and comply with the Laws of any authority having jurisdiction for protection of forests.

00290.41 Protection of Waters of the U.S. or State - Comply with and require that all the

Contractor's employees, agents, and Subcontractors on the Project Site comply with the following: • Clean Water Act Section 404 (33 U.S.C. 1344); Federal Rivers and Harbors Act of 1899, Section 10 (33 U.S.C. 403 et seq.). • ORS 196.800 to ORS 196.990 (Oregon Removal-Fill law). • ORS 390.805 to ORS 390.925 (Oregon Removal and Filling in Scenic Waterways law). • All other applicable Laws governing preservation of Wetland resources. Willful violation of permit conditions and applicable laws exposes the offending Contractor and other violators to criminal and civil sanctions. Civil sanctions include, but are not limited to, the offender's sole liability for all costs associated with site restoration, maintenance and additional mitigation Work required by federal or State authorities. (a) Identifying Waters of the U.S. or State, Including Wetlands - Wetlands known to be on the Project Site will be shown and identified either as "permanently filled or excavated" or as "temporarily impacted". Wetlands to be protected will be shown as "no Work Zones". (b) Disturbing Waters of the U.S. or State, Including Wetlands - If Wetlands are shown, meet with the Agency Wetland Specialist, the Engineer, and Inspector on-site prior to moving Equipment onto the site or beginning any Work, to ensure that all parties understand the locations of Wetlands and the measures that shall be taken to protect them. Ensure protection of no Work Zones as follows: • Fence off no Work Zones using work zone fencing from section 00221.13 of the QPL. • Except as authorized by the Engineer for the purpose of installing or maintaining approved Wetland protective measures, keep all persons, Equipment and materials off no Work Zones. • The Engineer has the authority to bar from the Project any person entering a protected site other than for the purpose of installing or maintaining protective measures. Install all site protection for Wetlands required by the Plans and Special Provisions prior to staging Equipment or starting Work near the sites. The Engineer may suspend Work until the Contractor, Engineer, Agency Wetland Specialist, and other required federal and State personnel, if any, meet to determine damage to the site and the nature and scope of necessary site restoration and maintenance. The Engineer may require the Contractor to submit a written plan for protection of other sites for the duration of the Project before Work resumes.

00290.50 Protection of Cultural Resources - Comply with all Laws governing preservation of

cultural resources. Cultural resources may include, but are not limited to, dwellings, Bridges, trails, fossils, and artifacts. 00290.51 If cultural resources are encountered on the Project area or in material sources, and their disposition is not addressed in the Special Provisions, do the following: • Immediately discontinue operations or move to another area of the Project Site or material source. • Protect the cultural resource from disturbance or damage. • Notify the Engineer. The Engineer will do the following: • Arrange immediate investigations. • Arrange for disposition of the cultural resources. The Engineer may direct the Contractor to perform salvage operations according to 00140.30 or 00140.60. • Notify the Contractor when to begin or resume construction operations in the affected area.

00290.51 Protection of Sensitive Cultural Sites - Comply with and require that all the Contractor's

employees, agents, and Subcontractors on the Project Site comply with all Laws applicable to the preservation and protection of sensitive cultural sites. The existence of any sensitive cultural sites affecting the Project, and the mandatory preservation and protection measures applicable to the sites, are determined according to the Laws including, but not limited to, the following: • National Historic Preservation Act (NHPA) of 1966, Section 106, codified in 36 CFR Part 800 (Protection of Historic Properties). • ORS 97.740 to ORS 97.760, ORS 97.990(5), and ORS 97.990(6) (Indian Graves and Protected Objects). • ORS 358.905 to ORS 358.955 (Archaeological Objects and Sites). • ORS 390.235 to ORS 390.240 (Archaeological Sites and Historical Material). Ensure protection for sensitive cultural sites according to the following: • Except as authorized by the Engineer for the purpose of installing or maintaining approved sensitive cultural site protective measures, keep all persons, Equipment, and materials off known sensitive cultural sites. • Install all sensitive cultural site protection required by the Plans and Special Provisions prior to staging Equipment or starting Work near the sites. • Instruct all Contractor and Subcontractor personnel to regard the locations of these sites and their contents as confidential. The Engineer has the authority to bar from the Project any person entering a protected site other than for the purpose of installing or maintaining protective measures. If sensitive cultural sites are known to be on the Project, additional information will be provided in the Special Provisions. (a) Disturbing Known Sensitive Cultural Sites - Willful violation of Laws exposes the offending Contractor and other violators to criminal and civil sanctions. Civil sanctions include, but are not limited to, the offender's sole liability for all costs associated with monitoring, recovery, site restoration or other archaeological Work required by Tribal, federal, and State authorities. Costs can exceed $100,000. The Engineer may suspend Work until the Contractor and the Engineer meet to determine damage to the site and the nature and scope of necessary site restoration and maintenance. The Engineer 00290.80 may require the Contractor to submit a written plan for protection of other sites for the duration of the Project before Work resumes. (b) Disturbing Unknown Sensitive Cultural Sites - If the Contractor finds a previously undiscovered sensitive cultural site, immediately cease all activities at that site, follow procedures listed in 00290.50, and notify the Engineer. If the Contractor inadvertently disturbs unknown sensitive cultural sites, but immediately ceases all activities and follows the procedures listed in 00290.50, the Agency, to the extent permitted by Article XI, section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, will indemnify, within the limits of the Tort Claims Act, the Contractor for costs associated with monitoring, recovery, site restoration or other required archaeological Work, provided neither the Agency nor the State shall be required to indemnify the Contractor for such costs resulting from, arising out of or relating to the willful misconduct, negligence or other wrongful acts attributable to the Contractor or other persons on the Project site. Delays to Work due to new cultural resource finds will be considered for exclusion from Contract Time according to 00180.50(e). Work required for monitoring and site restoration for newly discovered sensitive cultural sites encountered by the Contractor will be paid for according to 00195.20. Measurement

00290.80 Measurement - No measurement of quantities will be made for Work performed under this

Section. Payment

00290.90 Payment - The accepted quantities of Work performed under this Section will be paid for

at the Contract lump sum amount for the item "Pollution Control Plan". Partial payments will be made as follows: • When the initial PCP is approved ............................................................................. 20% • When 30 percent of the Contract is complete, excluding advances on Materials ..... 20% • When 60 percent of the Contract is complete, excluding advances on Materials ..... 20% • When 90 percent of the Contract is complete, excluding advances on Materials ..... 20% • At completion of the Contract and all waste is removed from the Project site and all reports, receipts, and documents have been submitted ......................... 20% Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor, and Incidentals necessary to complete the Work as specified. Payment includes, but is not limited to, the following: • Contractor's Pollution Control Plan • Spill Prevention Control and Countermeasures plan • Hazardous Waste Contingency plan • hazardous waste determination • determination of generator category • the Certified Hazardous Materials Manager the Professional on-call Spill Response Team 00305.90

Part 00300 — Roadwork

Environmental Protection in other states

• Montana 208 · Environmental Protection