Clean Sweep Programs - US Environmental Protection Agency

Appendix IIIContractor further agrees to indemnify and hold harmless the State, Department, employees and agents from alldamages assessed against the State, Department, employees, and agents as a result of Contractor’s failure tocomply with all applicable federal and state laws, standards, and regulations including, but not limited to, thefollowing laws and regulations:A. [State] Hazardous Waste Management Act (citation) and [State] Hazardous Waste Rules (citation).B. Federal Occupational Safety and Health Act of 1970 (OSHA)C. Federal Resource Conservation and Recovery Act of 1976 (RCRA).D. Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).E. Federal Hazardous Material Transportation Regulations (49 C.F.R. Parts 171, 172, 173 and 177 forhazardous materials transportation regulations).F. Water Pollution .Control Act (citation).G. Solid Waste Management Act and Solid Waste Management Rules (citation).28. SPILL RESPONSIBILITIESA. The Contractor is solely responsible for any and all spills or leaks during the performance of thisContract which occur as a result of or are contributed to by the actions of its agents, employees, orsubcontractors. The Contractor agrees to reasonably, evacuate and warn those persons who may beaffected by the spill and Contractor shall clean up such spills or leaks to the satisfaction of theDepartment and in a manner that complies with applicable federal, state, and local laws and regulations.The cleanup shall he at no cost to the Department. If the spill should occur within [State], the Contractorshall immediately contact the State’s emergency spill response personnel at (phone number).B. If directed by the Department, the Contractor shall take surface water and/or soil samples before, during,or after the collection events using standard sampling procedures to adequately represent the collectionarea. Quality assurance and quality control shall he maintained of any samples taken. The potentialnature of spills that may occur and conditions may vary from site to site. Sampling will be conducted ifpotential remediation is identified by the Department, and the cost of sampling will he paid for by theContractor. The determination of the need for analyses of the samples shall he made by the Departmentwithin seventy-two (72) hours. The parameters to be tested would be determined by the nature of thespill.C. The Contractor shall immediately report by telephone all spills or leaks, regardless of their quantity to theDepartment. A written follow-up report shall be submitted to the Department not later than seven (7) daysafter the initial telephonic report. The written report shall be in narrative form and as a minimum includethe following:( 1) Description of waste spilled (including identity, quantity, manifest number).( 2) Amount spilled and whether it is EPA/state reportable, and if so, whether it was reported.( 3) Exact time and location of spill, including a description of the area involved.( 4) Containment procedures initiated.( 5) The direction and estimated speed of the wind and estimated temperature at the time of the spill.( 6) Summary of any communications Contractor has had with press or other government officials.( 7) Description of clean-up procedures employed or to be employed at the site, including disposallocation of spill residue.(8) Any witnesses involved and names of all individuals involved in preparing anyreports required by this part.