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TranSystems Corporation - LGM Construction

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H-7<br />

obtaining and complying with an individual National Pollutant Discharge<br />

Elimination System (“NPDES”) permit or Waste Discharge Requirements, and/or<br />

requesting coverage under and complying with any applicable General Permit<br />

with respect to the Site.<br />

(b) Control of Storm Water During <strong>Construction</strong>. Contractor shall fully comply with<br />

all of the conditions and requirements of State Water Resource Control Board<br />

(“SWRCB”) Order No/99-08-DWQ, NPDES General Permit No. CAS000002,<br />

Waste Discharge Requirements for Storm Water Discharges Associated with<br />

<strong>Construction</strong> Activity (“<strong>Construction</strong> General Permit”), as said permit has been or<br />

may be amended, modified or superseded, subject to the conditions, requirements<br />

and qualifications below.<br />

(i) As required by the <strong>Construction</strong> General Permit, the Landlord shall<br />

file with the SWRCB a notice of intent (“NOI”) to initiate permit<br />

coverage, and a Notice of Termination (“NOT”) to terminate<br />

permit coverage. Contractor shall provide FedEx with information<br />

required to file the NOI and NOT, and provide FedEx and<br />

Landlord with the required certification of such information.<br />

(ii) Contractor shall prepare, maintain, update and implement a sitespecific<br />

Storm Water Pollution Prevention Plan (“SWPPP”) in<br />

compliance with all the requirements and conditions of the<br />

<strong>Construction</strong> General Permit and any existing Port Storm Water<br />

Ordinance while Work is ongoing. The SWPPP shall include a<br />

Storm Water Sampling and Analysis Plan (“SWSAP”) in full<br />

compliance with the <strong>Construction</strong> General Permit. At least 25<br />

business days before commencement of construction activities, the<br />

SWPPP shall be submitted to Landlord for comment and/or<br />

approval. <strong>Construction</strong> shall not commence until Landlord has<br />

approved the SWPPP. Contractor shall keep and maintain an<br />

updated copy of the SWPPP at the Site available for inspection<br />

during the course of the construction activities. Contractor shall<br />

deliver revised or updated SWPPPs whenever substantive<br />

modifications are made, and at least annually by September 15.<br />

(iii) Contractor shall undertake all monitoring, sampling and reporting<br />

required by the <strong>Construction</strong> General Permit and applicable to the<br />

Project, and to provide the results of such inspections, monitoring,<br />

sampling and reporting to Landlord within three (3) days after the<br />

completion of such activity, or as otherwise directed by Landlord.<br />

(iv) Contractor shall provide Landlord a certification of compliance in<br />

accordance with the <strong>Construction</strong> General Permit at lease 15 days<br />

prior to the submittal date of each annual certification of

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