|
Contract Number: BF-20583561
<br />
<br />
<br />determine Contractor’s compliance with Environmental Laws, it being solely
<br />Contractor’s responsibility to ensure that Contractor’s use is compliant.
<br />Regulatory plans and a minimum of two (2) years of records/inspections shall be
<br />readily available. Contractor shall promptly provide the same to the Railroad upon
<br />request.
<br />
<br />viii) "Environmental Law(s)” shall mean any federal, state, local, or tribal law,
<br />statute, ordinance, code, rule, regulation, policy, common law, license,
<br />authorization, decision, order, or injunction which pertains to health, safety, any
<br />Hazardous Material, or the environment (including but not limited to ground, air,
<br />water, or noise pollution or contamination, and underground or above -ground
<br />tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
<br />Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA;
<br />the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal
<br />Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C.
<br />§7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the
<br />Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and
<br />Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
<br />Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act , 33
<br />U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651
<br />et seq.; all as have been amended from time to time, and any other federal, state,
<br />local, or tribal environmental requirements, together with all rules, regulations,
<br />orders, and decrees now or hereafter promulgated under any of the foregoing, as
<br />any of the foregoing now exist or may be changed or amended or come into effect
<br />in the future.
<br />
<br />ix) “Hazardous Material(s)” shall include but shall not be limited to any substance,
<br />material, or waste that is regulated by any Environmental Law or otherwise regulated
<br />by any federal, state, local, or tribal governmental authority because of toxic,
<br />flammable, explosive, corrosive, reactive, radioactive or other properties that may be
<br />hazardous to human health or the environment, including without limitation asbestos
<br />and asbestos-containing materials, radon, petroleum and petroleum products, urea
<br />formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl
<br />compounds, hydrocarbons or like substances and their additives or constituents,
<br />pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
<br />substances, (ii) materials, or (iii) wastes of any kind, including without limitation those
<br />now or hereafter defined, determined, or identified as “hazardous chemicals,”
<br />“hazardous substances,” “hazardous materials,” “toxic substances,” or “hazardous
<br />wastes” in any Environmental Law.
<br />
<br />6) EXHIBIT “C” CONTRACTOR REQUIREMENTS
|