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107.24CLEAN WATER ACT/WETLANDS :

WV · 2023 Standard SpecificationsBook pages 7071View official source ↗

60 borne by the contractor at no additional cost to the Division. The contractor shall allow seven (7) calendar days for the Division and the local MS4 authority to review and comment on the proposed changes. Additionally, changes or substitutions proposed by the contractor shall be approved by the Division in advance of implementing any ch anges. Post -construction stormwater management shall comply with the WVDOH MS4 stormwater management plan requirements of NPDES general permit registration no. WVR30004 or the latest applicable registration number. Periodic inspections of the site and BM P’s will be conducted by representatives of the WVDEP to ensure compliance with the conditions and requirements of the NPDES permit. Representatives of other resource agencies may also conduct site inspections throughout the life of the construction contra ct.

107.21.2 Pollution: The Contractor shall exercise every reasonable precaution throughout

the life of the Project to prevent pollution of rivers, streams, or impoundments. Pollutions such as chemicals, fuels, lubricants, bitumen, raw sewage, products associated with bridge cleaning and painting, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments, or into natural or man -made channels leading thereto. The quality of the surface waters affected by construction shall meet the requirements of the West Virginia Code, Volume 8A, Chapter 22, Article 11.

107.21.3 Basis of Payment: Except when pay items are specifically described and

furnished as pay items in 642, Temporary Pollution Control, the wate r pollution and erosion and siltation control requirements set forth shall be at the expense of the Contractor.

107.22 Plant Pest Regulations :

The indiscriminate movement of nursery stock, hay or straw mulch, equipment and soil samples into and out of West Virginia constitutes a potential hazard to State and National Agriculture. Therefore, it shall be the responsibility of the prime Contractor to comply with all applicabl e State and Federal Plant Pest Regulations in the fulfillment of this contract. Information regarding these regulations may be obtained from Plant Pest Control Division, West Virginia Department of Agriculture, Charleston, West Virginia 25305, or United States Department of Agriculture, Agriculture Research Service, Plant Pest Control Division, P.O. Box 1257, Roanoke, Virginia 24001.

107.23 Air Pollution Control :

The Contractor shall exercise every reasonable precaution throughout the life of the project to keep air pollution to a minimum. The Contractor shall also comply with the applicable regulations of the West Virginia Air Pollution Control Commission. During times of limited dispersion, construction operations may be suspended. All plants in West Virginia producing bituminous concrete for the Division shall obtain a permit or certification from the West Virginia Air Pollution Control Commission.

107.24 Clean Water Act/Wetlands :

The Contractor will comply with all aspects of Section 404 of the Clean Water Act including any and all regards to wetlands on all work associated with the project. A wetland will not be filled or disturbed on the project or any work related to the project such as a haul road , waste area, borrow pit or any other act ivity without a permit. 61 107.25 -LEAD EXPOSURE IN CONSTRUCTION : The Contractor will comply with all aspects of 29 CFR, Part 1926, Lead Exposure in Construction, by the United States Department of Labor, Occupational Safety and Health Administration.

107.26 Notification of Abatement, Demolition Or Renovation :

The notification for projects involving abatement, demolition, or renovation will conform to this section. The Project Engineer will have a copy of all asbestos inspection reports available at the field office. The Contractor shall p rovide copies of all notifications and correspondence to the Project Engineer.

107.26.1 Abatement: Abatement activities shall conform to section 681.

107.26.2 Demolition:

107.26.2 1 -Asbestos Containing Materials Reported: Notifications will be in

accordance with 107.26.4.

107.26.2 2 -No Asbestos Containing Materials Reported: For buildings or bridges

that do not contain asbestos, only the notification form must be submitted to the West Virginia Division of Environmental Protection (DEP) and the United States Environmental Protection Agency (EPA) at the address given in 107.26.4. If an asbestos inspection report indicates that there is no asbestos present on a bridge scheduled for demolition or renovation, the need for a trained individual to be on site during either process is waived. However, the Contractor shall have an individual trained in accordance with the provisions as set forth in 40 CFR Part 61 , Subpart M on site to observe building demolition and file a report with the Project Engineer indicating if any suspect (asbestos containing) material was encountered during demolition. A copy of the individual's current training certification must be at tached to this report.

107.26.3 Renovation:

107.26.3 1 -Asbestos Containing Materials Reported: For projects involving the

renovation of a bridge or building, that has asbestos containing materials, the Contractor shall submit a “Notification of Abatement, Demolition or Renovation” in accordance with

107.26 4.

107.26.3 2 -No Asbestos Containing Materials Reported: Structures that are being

renovated and are free of asbestos, per the inspection report, do not require submittal of the “Notification of Abatement, Demolition or Renovation”.

107.26.4 Notifications: In accordance with state and federal regulations, the Contractor

shall submit a “Notification of Abatement, Demolition or Renovation” to the address shown below prior t o the commencement of demolition of any building or bridge (regardless of the presence of asbestos). All notifications must be made a minimum of 10 working days prior to the commencement of demolition or renovation operations. Particular attention is to be made to the “Schedule” section of the form. If for any reason, demolition or renovation cannot begin on the date as submitted, the DEP, Division of Air Quality must be notified at the address below:

Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 7071 of 1,006.