Clean Sweep Programs - US Environmental Protection Agency

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Appendix III - Sample ContractNote: EPA deleted specific references to the state and the contractor and replaced those references with [State] and[contractor].1. PARTIESA. The [ State ] Department of Agriculture (hereafter Department).B. [The Contractor] (hereafter Contractor).2. TERM OF CONTRACTThis contract is effective from the date of final signature until all the terms of this contract aresatisfied.3. STATEMENT OF SERVICESThe Contractor agrees to perform the services provided, in this contract.The parties agree that the Contractor is and assumes the responsibilities of, the generator of the wastecollected under this contact, based on the following:1. The Contractor is a corporation engaged in the business of collection, storage, transportation, anddisposal of waste; and the Contractor has technical expertise in such business and all licenses requiredto perform the business.2. the Contractor’s technical expertise was critical to the Department’s determination to enter into thiscontract with the Contractor.3. The Contractor is responsible for the final treatment/disposal of all materials collected pursuant to thiscontract.4. The Contractor makes all necessary decisions and determinations regarding the arrangements forcollection, storage, transportation, and disposal of waste, except as herein specifically stated. Theresponsibilities of the Contractor for these decisions and determinations are included in the followingprovisions of this contact:§ 10. INDEMNITY§12. SUPERVISIONAND COORDINATION§ 22. INDEPENDENT CONTRACTOR§ 24. MATERIALSAND SERVICES§ 28. SPILL RESPONSIBILITIES§ 29. SAFETY§ 33. CONTRACTOR’S DUTIES§ 34. EQUIPMENTAND PERSONNEL FOR LOADING§ 36. WASTE RECORDS AND PACKAGING§ 37. MANIFESTING, SHIPPING,TREATMENTAND DISPOSALDOCUMENTATION§ 39. HAZARDO<strong>US</strong> WASTE TRANSPORTATION§ 40. FINALTREATMENT/DISPOSAL4. CONTRACTOR’S REPRESENTATIVEA. Responsibility Contractor’s representative shall function as the primary point of contact, shall ensuresupervision and coordination and shall take corrective action as necessary to meet contractualrequirements.
Appendix IIIB. Availability Contractor’s representative, or designee, shall be available at all times throughout the termof the contract.5. CONFLICTAND SEVERABILITYA. In the event of conflict between contract documents and applicable laws, codes, ordinances,regulations, or orders or in the event of any conflict between such applicable laws, ordinances,regulations, or orders, the most stringent or legally binding requirement shall govern and be consideredas a part of this contract in order to afford the Department the maximum benefits thereof.B. Any provision of this document found to be prohibited by law shall be ineffective to the extent of suchprohibition without invalidating the remainder of the contract.6. NONDISCRIMINATION AND AFFIRMATIVE ACTIONContractor shall abide by the terms and conditions of Section 601. Title VI. Civil Rights Act of 1964, as may beamended:In that “No person in the United States shall, on the grounds of race, color, national origin, sex or age, beexcluded from participation in, be denied the benefits of ,or be subject to discrimination under any programor activity receiving Federal financial assistance. In addition, “No otherwise qualified handicappedindividual in the United States shall, solely by reason of his handicap, be excluded from participation in, bedenied the benefits of, or be subjected to discrimination under any program or activity receiving Federalfinancial assistance.”Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicableregulations thereunder, Contractor shall not discriminate against any employee or applicant for employment.7. MINORITYAND WOMEN’S B<strong>US</strong>INESS ENTERPRISES (MWBE)MWBE requirements are incorporated into this contract.8. RIGHTSAND REMEDIESIn the event of any claim for default or breach of contract, no provisions in this contract shall be construed,expressly or by implication, as a waiver by the Department of any existing or future right and/or remedy availableby law. Failure of the Department to insist upon the strict performance of any term or condition of the contract orto exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of(or payment for) materials, equipment or services, shall not release the Contractor from any responsibilities orobligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the Departmentto insist upon the strict performance of the contract. Acceptance by the Department of unsatisfactoryperformance with or without objection or reservation shall not waive the right to claim damage for breach norconstitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed byContractor.9. DISPUTE RESOLUTIONAny disputes arising under this contract will be resolved under [State] law.10. INDEMNITYA. Contractor shall indemnify, defend and save harmless the State of [State] (hereafter State), the [State]
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ForewordThe states and some countie
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Table of ContentsSECTIONFOREWORDTAB
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List of Figures and TablesNumber Ti
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State IndexAlabamaAlaskaArizonaArka
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Executive SummaryParticipants. Alth
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Executive Summarypounds. States wan
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Section 1 IntroductionFor the past
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The Clean Sweep Reportshort-term or
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Section 1 Introductionextensive and
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Section 1 Introductionfunded, conti
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Section 2 Clean Sweep Program Opera
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Section 2Clean Sweep Program Operat
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Section 2Clean Sweep Program Operat
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Section 3 Clean Sweep Program Resul
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Table 11 Total Amount of Pesticides
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44Table 13 Specific Pesticides Trac
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Table 14 Quantity of the Most Commo
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Section 4 Challenges and Opportunit
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Section 5 Observations5.2 The unit
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Section 5ObservationsTable 17: Tota
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Section 5 Observations5.3 Reliable
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Section 5 Observationsamount annual
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Appendix INOTES on STATE “ATA GLA
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ALABAMA AT A GLANCESince 1994 Alaba
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ALASKA AT A GLANCEAlaska conducts s
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ARIZONA AT A GLANCEArizona does not
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ARKANSAS AT A GLANCEThe Arkansas St
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CALIFORNIA AT A GLANCESince 1989 Ca
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COLORADO AT A GLANCEAn EPA grant an
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YearColorado Table 1 - Quantity of
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Summary of Connecticut Waste Pestic
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Summary of Delaware Waste Pesticide
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Summary of Florida Waste Pesticide
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GEORGIA AT A GLANCEGeorgia has cond
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HAWAII AT A GLANCEHawaii conducted
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IDAHO AT A GLANCEIdaho’s permanen
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ILLINOIS AT A GLANCESince its first
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Illinois attempted a swap program i
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Summary of Indiana Waste Pesticide
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IOWA AT A GLANCESince 1991 Iowa has
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YearIowa Table 1 - Quantity of Pest
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Summary of Kansas Waste Pesticide D
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KENTUCKY AT A GLANCEKentucky conduc
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LOUISIANA AT A GLANCELouisiana coll
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MAINE AT A GLANCEMaine conducted it
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MARYLAND AT A GLANCEThe Maryland De
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MASSACHUSETTS AT A GLANCEMassachuse
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MICHIGAN AT A GLANCEMichigan’s pe
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MINNESOTA AT A GLANCESince 1989 Min
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Minnesota Table 1 - Quantity of Pes
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Summary of Mississippi Waste Pestic
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Summary of Missouri Waste Pesticide
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Summary of Montana Waste Pesticide
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Summary of Nebraska Waste Pesticide
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Summary of Nevada Waste Pesticide D
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Summary of New Hampshire Waste Pest
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Summary of New Jersey Waste Pestici
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New Jersey Table 3 - County-by-Coun
Page 151 and 152: Summary of New Mexico Waste Pestici
Page 153 and 154: Summary of New York Waste Pesticide
Page 155 and 156: churches, schools and businesses. P
Page 157 and 158: NORTH CAROLINA AT A GLANCENorth Car
Page 159 and 160: North Carolina Table 1 - Quantity o
Page 161 and 162: Summary of North Dakota Waste Pesti
Page 163 and 164: Summary of Ohio Waste Pesticide Dis
Page 165 and 166: OKLAHOMA AT A GLANCEOklahoma does n
Page 167 and 168: OREGON AT A GLANCESince 1991 Oregon
Page 169 and 170: PENNSYLVANIA AT A GLANCEIn 1993 Pen
Page 171 and 172: RHODE ISLAND AT A GLANCERhode Islan
Page 173 and 174: SOUTH CAROLINA AT A GLANCESouth Car
Page 175 and 176: SOUTH DAKOTA AT A GLANCESince 1993
Page 177 and 178: TENNESSEE AT A GLANCEThe Tennessee
Page 179 and 180: TEXAS AT A GLANCESince 1992 Texas h
Page 181 and 182: YearNumberof SitesTexas Table 1 - Q
Page 183 and 184: UTAH AT A GLANCESince 1993 Utah has
Page 185 and 186: VERMONT AT A GLANCEVermont first co
Page 187 and 188: VIRGINIA AT A GLANCEVirginia conduc
Page 189 and 190: YearQuantity ofPesticides(pounds)Vi
Page 191 and 192: Summary of Washington Waste Pestici
Page 193 and 194: Summary of West Virginia Waste Pest
Page 195 and 196: Summary of Wisconsin Waste Pesticid
Page 197 and 198: WYOMING AT A GLANCEIn 1992 Wyoming
Page 199 and 200: Appendix II - Pesticides That are R
Page 201: Appendix IIU044 chloroform U080 met
Page 205 and 206: Appendix III4. Federal Hazardous Ma
Page 207 and 208: Appendix III22. INDEPENDENT CONTRAC
Page 209 and 210: Appendix IIIContractor further agre
Page 211 and 212: Appendix III33. CONTRACTOR’S DUTI
Page 213 and 214: Appendix IIIC. Any deviation of mor
Page 215 and 216: Appendix III45. MERGER CLAUSEThis a
Page 217 and 218: Appendix IVOnyx Environmental Servi
Page 219 and 220: State Pre-89 1989 1990 1991 1992 19
Page 221 and 222: State pre-89 1989 1990 1991 1992 19
Page 223 and 224: Appendix VILouisiana: Division of P
Page 225 and 226: Appendix VII - Sample Emergency Pla
Page 227 and 228: Appendix VIIICOMPARISON OF PESTICID
Page 229: StateEstimated(lbs. A.I.)Total Used
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