Clean Sweep Programs - US Environmental Protection Agency

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The Clean Sweep ReportDepartment of Transportation, the Department, their agents and employees, from any claims, demands,suits, actions, proceedings, losses, costs and damages of every kind and description, including anyattorneys’ fees and/or litigations expenses, which may be brought or made against or incurred by theState, the [State] Department of Transportation, the Department, their agents and employees, onaccount of losses of or damage to any property or for injuries to or death of any person, caused by,arising out of, or contributed to, in whole or in part, by reasons of any act, omission, professional error,fault, mistake or negligence of Contractor, Contractor’s employees, agents, representatives orsubcontractor, their employees, agents or representatives in connection with or incidental to theperformance of this contract, or arising out of Worker’s Compensation claims, UnemploymentCompensation claims or Unemployment Disability Compensation claims of employees of Contractorand/or subcontractors or claim under similar such laws or obligations.B. Contractor shall pay all attorney’s fees and expenses incurred by the State, the [State] Department ofTransportation, and the Department in establishing and enforcing their rights under this paragraph,whether or not suit is instituted. In the event a suit is initiated or judgment is entered against the State,the [State] Department of Transportation, or the Department, their agents or employees, the Contractorshall indemnify them for all costs and expenses, including legal fees and any judgment arrived at orsatisfied or settlement entered.C. Upon receipt of wastes at the collection sites, the Contractor assumes full accountability and physicalcustody for such wastes. Neither the State, the [State] Department of Transportation, nor theDepartment assumes liability for any damage to the property of the Contractor, to the property of anyperson, or public property or for personal injuries , illness, disabilities or death to the Contractor,Contractor’s employees, and any other person subject to the Contractor’s control or any other personincluding members of the general public, caused, in whole or in part, by (a) Contractor’s breach of anyterm or provision of this contract; or (b) any negligent or willful act or omission of the Contractor, itsemployees or subcontractors in the performance of this contract. The Contractor agrees to indemnify,save harmless and defend the State, the [State] Department of Transportation, the Department, theiragents and employees, from and against any and all liabilities, claims, penalties, forfeitures, suits andthe costs and expenses incident thereto (including costs of defense, settlement and reasonableattorneys fees), which it may hereafter incur, become responsible for, or pay out as a result of acts oromissions covered by (a) or (b) within this paragraph.D. Contractor will be liable for all costs, penalties, and obligations, including remediation, that may beimposed for generation, collection, storage, transportation, arranging for disposal and disposal, orremediation of the waste collected under this contract. Contractor shall indemnify, defend and saveharmless the State of [State], the [State] Department of Transportation, the Department, their agents andemployees, from any claims, demands, suits, actions, proceedings, losses, costs and damages of everykind and description, including any attorneys’ fees and/or litigation expenses, which may be brought ormade against or incurred by the State, the [State] Department of Transportation, the Department, theiragents and employees, for liability under any and all federal and state environmental laws, including butnot limited to:1. [State] Hazardous Waste Management Act (citation) and [State] Hazardous Waste Rules(citation).2. Federal Resource Conservation and Recovery Act of 1976 (RCRA).3. Federal Comprehensive Environmental Response, Compensation, and Liability Act of1980 (CERCLA).
Appendix III4. Federal Hazardous Material Transportation Regulations (49 C.F.R. Parts 171, 172, 173. and 177for hazardous materials transportation regulations).5. Water Pollution Control Act (citation).6. Solid Waste Management Act and Solid Waste Management Rules (citation).11. PERSONAL LIABILITYNo official, officer, employee or agent of the State, including the Department, shall be personally liable orresponsible for any covenant or agreement herein contained whether expressed or implied, nor for any statementor representation made herein or in any connection with this contract.12. SUPERVISIONAND COORDINATIONContractor shall:A. Competently and efficiently supervise and direct the implementation and completion of all contractrequirements.B. Promote and offer only those materials, equipment and/or services as allowed for bycontractual requirements.13. ADVERTISINGThe Contractor may refer to this Contract in future solicitations, newsletters and similar publications.14. SUBCONTRACTS/ASSIGNMENTContractor shall not subcontract or assign its obligations under this contract without the prior written consent ofthe Department and, if such subcontracting is approved, all requirements of the contract apply to subcontractors.The Department reserves the right to prohibit the Contractor from employing the services of a subcontractor.The use of subcontractors does not relieve the Contractor of any requirement set forth herein and theContractor is responsible for insuring that any subcontractor performs in accordance with all of the terms andconditions of this contract.15. TAXESAND FEESA. Contractor shall pay and maintain in current status all taxes which are necessary for contractperformance.B. The Contractor shall pay and maintain in current status, any license fees. assessments,permit charges, etc., which are necessary for contract performance. It is the Contractor’s soleresponsibility to monitor and determine any changes or the enactment of subsequent regulations forfees, assessments or charges and to immediately comply with changes or regulations during the entireterms of this contract.16. CHANGESThis contract may be amended only by written mutual agreement of the parties.17. ADDITIONS OR DELETIONSThe Department reserves the right to add or delete items such as agricultural pesticides and waste pesticidecontainers or site locations. Added items or locations will not represent a significant increase or decrease in sizeor scope of the contract.
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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
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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 and 202: Appendix IIU044 chloroform U080 met
Page 203: Appendix IIIB. Availability Contrac
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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