Common use of Best Management Practices Clause in Contracts

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review and approval prior to implementation. 8. County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 6 contracts

Samples: Fence and Gate Repair/Maintenance Services Contract, Fence and Gate Repair/Maintenance Services Contract, Fence and Gate Repair/Maintenance Services Contract

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Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 5 contracts

Samples: Annual Tree Maintenance and Tree Pest Management Services, Annual Tree Maintenance and Tree Pest Management Services, Annual Tree Maintenance and Tree Pest Management Services

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but shall not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 IC-5 b) IC21 IC-17 c) IC24IC-21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 4 contracts

Samples: Contract for Maintenance and Repair Services, Contract for Maintenance and Repair Services, Contract for Maintenance and Repair Services

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems systems, in violation of applicable Laws, which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “NPDES Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The NPDES Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the NPDES Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the District and/or County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the County shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the County for review and approval prior to implementation. 8. County’s Project Manager 18.6 County may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonable time during normal business hours to assure ensure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 4 contracts

Samples: Ground Lease, Ground Lease, Ground Lease

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County and District of Orange, and to the Orange County and District Flood Control District (District) and cities within Orange CountyCounty and District, as co-permittees (hereinafter collectively referred to as "County and District Parties") which regulate the discharge of urban runoff from areas within the County and District of Orange, including the Premises under this Contract. The County and District Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. RWQCB Permits are National Pollutant Discharge Elimination System (NPDES) Permit No. 2013-0002-DWQ. Copies of the RWQCB Permits are available for review. Work performed under this CONTRACT will conform to Permit requirements, Drainage Area Management Plan (DAMP), and Model Maintenance Procedures. CONTRACTOR will fully understand Model Maintenance Procedures applicable to activities that are being conducted under this CONTRACT prior to conducting them and maintain copies of Model Maintenance Procedures throughout CONTRACT duration. Applicable Model Maintenance Procedures are included as Exhibits C of this CONTRACT. Evaluation of activities subject to DAMP requirements performed under this CONTRACT will be conducted to verify compliance with DAMP requirements and may be required through CONTRACTOR self-evaluation as determined by COUNTY AND DISTRICT. Full compensation for conforming to requirements of NPDES REQUIREMENTS will be considered as included in various items of work involved and no additional compensation will be allowed therefore. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County and District Parties have developed a Drainage Area Management Plan (DAMP) DAMP which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County and District must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the CountyCounty and District’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 IC7 b) IC21 IC17 c) IC24IC18 d) IC19 e) IC21 5. These BMP Fact Sheets may be modified during the term of the Contract; and CountyCounty and District’s Inspector/Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to Countythe County and District’s Inspector/Project Manager for review and approval prior to implementation. 8. Countya) County and District’s Inspector/Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section. 8. Best management practices (BMPs) (e.g., silt fences, clean straw xxxxx, straw wattles) will be used where necessary to effectively reduce the escape of sediments and pollutants from habitat restoration areas during the maintenance program. Remedial measures that address significant channel erosion will be developed in consultation with the resource agencies if annual monitoring results indicate that channel degradation is continuing. All BMP’s used in project will be included as part of unit cost. The deposition of debris, herbicides, fertilizers, pesticides, petroleum products, or any other pollutants within the habitat restoration areas will be avoided.

Appears in 3 contracts

Samples: Mitigation Maintenance Services Contract, Mitigation Maintenance Services Contract, Mitigation Maintenance Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities as a) IC17 IC7 b) IC21 IC17 c) IC24IC18 d) IC19 e) IC21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 3 contracts

Samples: Channel Cleaning Services Contract, Channel Cleaning Services Contract, Channel Cleaning Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost cost-effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 2 contracts

Samples: Tree Cutting Services Contract, Tree Cutting Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but shall not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 IC7 b) IC10 c) IC17 d) IC18 e) IC19 f) IC20 g) IC21 ch) IC24 54. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 65. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 76. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 2 contracts

Samples: Fuel Modification, Mowing/Discing, Fire Hazard and Weed Abatement Contract, Aggregate Contract for Fuel Modification, Mowing/Discing, Fire Hazard and Weed Abatement

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems systems, in violation of applicable Laws, which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “NPDES Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The NPDES Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the NPDES Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the District and/or County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Lessor shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Lessor for review and approval prior to implementation. 8. County’s Project Manager 18.6 Lessor may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonable time during normal business hours to assure ensure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 2 contracts

Samples: Ground Lease, Ground Lease

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County and District of Orange, and to the Orange County and District Flood Control District (District) and cities within Orange CountyCounty and District, as co-co- permittees (hereinafter collectively referred to as "County and District Parties") which regulate the discharge of urban runoff from areas within the County and District of Orange, including the Premises under this Contract. The County and District Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. Work performed under this CONTRACT will conform to Permit requirements, Drainage Area Management Plan (DAMP), and Model Maintenance Procedures in effect at the time the work order is issued. CONTRACTOR will fully understand Model Maintenance Procedures applicable to activities that are being conducted under this CONTRACT prior to conducting them and maintain copies of Model Maintenance Procedures throughout CONTRACT duration. Copies of current Stormwater Permits, DAMP and Model Maintenance Procedures are available upon request. Evaluation of activities subject to DAMP requirements performed under this CONTRACT will be conducted to verify compliance with DAMP requirements and may be required through CONTRACTOR self-evaluation as determined by COUNTY AND DISTRICT. Full compensation for conforming to requirements of NPDES REQUIREMENTS will be considered as included in various items of work involved and no additional compensation will be allowed therefore. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County and District Parties have developed a Drainage Area Management Plan (DAMP) DAMP which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County and District must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities h ttp://xxxxxxxxxxxx.xxx/xxxxxxxxx/xxx/xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx a) IC17 IC7 b) IC21 IC17 c) IC24IC18 d) IC19 e) IC21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP County and Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review the eview and approval prior to implementation.to 8. County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the a. job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section. 8. BMPs (e.g., silt fences, clean straw xxxxx, straw wattles) will be used where necessary to effectively reduce the escape of sediments and pollutants from habitat restoration areas during the maintenance program. Remedial measures that address significant channel erosion will be developed in consultation with the resource agencies if annual monitoring results indicate tha included as part of unit cost. The deposition of debris, herbicides, fertilizers, pesticides, petroleum products, or any other pollutants within the habitat restoration areas will be avoided.

Appears in 2 contracts

Samples: Mitigation Maintenance Services Contract, Mitigation Maintenance Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review and approval prior to implementation. 8. County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 2 contracts

Samples: Fence and Gate Repair/Maintenance Services Contract, Contract for Fence and Gate Repair/Maintenance Services

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 18.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 2 contracts

Samples: Ground Lease, Ground Lease

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the f form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities h ttp://xxxxxxxxxxxx.xxx/xxxxxxxxx/xxx/xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx as a) IC17 IC7 b) IC21 IC17 c) IC24IC18 d) IC19 e) IC21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s d s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project the ject Manager for review and approval prior to implementation. 8. County’s a) Cou Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Channel Cleaning Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact impacts of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Annual Tree Maintenance and Tree Pest Management Services

Best Management Practices. 1. Contractor CITY and all CITY Parties shall conduct operations under this Contract Agreement so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) DISTRICT and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this ContractSubject Area. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere toabide. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") CITY and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor all CITY Parties shall, throughout the term of this ContractAgreement, comply with the BMP Fact Sheets Sheets, as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Agreement commences or as the Stormwater Permits may be modified. Contractor CITY agrees to maintain current copies of the BMP Fact Sheets on the job sites in a location readily accessible to any or all CITY Parties throughout the term of this ContractAgreement. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor CITY may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Director for review and approval prior to implementation. 8. County’s Project Manager Director may visit access the job sites Subject Area and/or review ContractorCITY’s records at any time to assure that activities conducted on within the job sites Subject Area comply with the requirements of this section. Contractor CITY may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Construction Contract

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 18.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. 16.1 Tenant shall, and shall require Contractor shall to, conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 16.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 16.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s 's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 16.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit F. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 16.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 16.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review Contractor’s Tenant's records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “District Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The District Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the District Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the CountyDistrict’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 18.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this section. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor 17.1 To the extent required by law or applicable permits, Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 17.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “District Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The District Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 17.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the District Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the CountyDistrict’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 17.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit D. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor To the extent required by law, Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The To the extent required by law, the BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 17.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 17.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonable time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this section. Contractor may be To the extent required to by law, Tenant will implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit G. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 18.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 1 contract

Samples: Option Agreement

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Best Management Practices. 1. Contractor (3.3 SR) A. Tenant shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" Waters (as used herein, Receiving Waters Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. B. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-co- permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of OrangeCounty, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. C. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs“BMP(s)”) as provided in Exhibit C, and which may change from time to time, that parties tenants using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. D. BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager County shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its subtenants, agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor E. Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager County for review and approval prior to implementation. 8. County’s Project Manager F. County may visit enter the job sites Premises and/or review ContractorTenant’s records at any time to assure that activities conducted on the job sites Premises comply with the requirements of this sectionclause. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionclause. G. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions. H. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. Tenant shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regards to Tenant Improvements, Tenant shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non-operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined. I. The BMP’s shall stipulate the process for the Tenant to take corrective actions, and state the consequences of non-compliance or County options under the Lease to self-remedy the matter. The Santa Xxx and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the Tenant does not correct a non-compliance situation in a timely manner and that the security deposit reflects this circumstance. J. Environmental Indemnification language may be added or amended from time to time. K. Work activities are to be conducted in a controlled area where pollutants shall be contained and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by Tenant. L. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain. M. In the event Tenant fails to comply with all applicable BMPs, County, in addition to any and all remedies available in Clause 30 (DEFAULTS AND REMEDIES), shall have the right to self- help remedies or terminate the Lease as follows: 1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time, or; 2. Remedy a non-compliance situation with a chargeback to the Tenant for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the Tenant’s BMP implementation is lacking or if the Tenant allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against County. Therefore, this Lease must establish a BMP compliance partnership with the Tenant and the Lease must ensure the protection of water quality is inherent in the Tenant’s day-to-day operations.

Appears in 1 contract

Samples: Lease Agreement

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “District Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The District Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the District Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the CountyDistrict’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 18.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorXxxxxx’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this sectionsectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionsectionSection.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor 18.1 Tenant and all of Tenant’s, subtenant, agents, employees and contractors shall conduct operations under this Contract so as Lease that follow best practices within the industry to assure that pollutants do not enter municipal storm drain systems systems, in violation of applicable Laws, which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 18.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County “NPDES Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. County The NPDES Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, County the NPDES Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the District and/or County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 18.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the County shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the County for review and approval prior to implementation. 8. County’s Project Manager 18.6 County may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonable time during normal business hours to assure ensure that activities conducted on the job sites Premises comply with the requirements of this sectionSection. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionSection.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. 16.1 Tenant shall, and shall require Contractor shall to, conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 16.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 16.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s 's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review and approval prior to implementation. 8. County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties Parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost cost-effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance tenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review and approval prior to implementation.to 8. County’s Project Manager may visit the job sites and/or review Contractor’s a) records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Annual Tree Maintenance and Tree Pest Management Services

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Tree Trimming Services Contract

Best Management Practices. 1. (BMP) A. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). Contractor shall inspect and clean debris from mop sink floor drains. 2. B. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. C. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost cost-effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. D. BMP Fact Sheets shall include but shall not be limited to the following which may be viewed for municipal activities and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivitiesat xxx.xxxxxxxxxxxx.xxx/xxxxxxxxx/xxx/xxxxxxxxxxxxxxxxxxx: a1) IC17 b) IC21 c) IC24 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager for review and approval prior to implementation. 8. County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Janitorial Services Contract

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the f form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities as a) IC17 IC7 b) IC21 IC17 c) IC24IC18 d) IC19 e) IC21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s d Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project the ject Manager for review and approval prior to implementation. 8. County’s a) Cou Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Channel Cleaning Services Contract

Best Management Practices. 1. Contractor (3.3 SR) A. City shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater “Stormwater Drainage System"System”), and to ensure that pollutants do not directly impact "Receiving Waters" Waters (as used herein, Receiving Waters “Receiving Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and bays, axx oceans). 2. B. The Santa Xxx Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES“NPDES”) permits ("Stormwater Permits"“Stormwater Permits”) to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-co- permittees (hereinafter collectively referred to as "County Parties"“County Parties”) which regulate the discharge of urban runoff from areas within the County of OrangeCounty, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. C. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have has developed a Drainage Area Management Plan (DAMP“DAMP”) which includes a Local Implementation Plan (LIP“LIP”) for each jurisdiction that contains Best Management Practices (BMPs“BMP(s)”) as provided in Exhibit D, and which may change from time to time, that parties tenants using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP “BMP Fact Sheets"Sheets”) and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. D. BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit D. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager County shall provide Contractor City with any such modified BMP Fact Sheets. 6. Contractor City, its subtenants, agents, contractors, representatives, and employees and all persons authorized by City to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor City agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor E. City may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager County for review and approval prior to implementation. 8. County’s Project Manager F. County may visit enter the job sites Premises and/or review Contractor’s City’s records at any time to assure that activities conducted on the job sites Premises comply with the requirements of this sectionclause. Contractor City may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionclause. G. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions. H. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. City shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regards to Tenant Improvements, City shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non-operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined. I. The BMPs shall stipulate the process for the City to take corrective actions and state the consequences of non-compliance or County options under the Lxxxe to self-remedy the matter. The Santa Ana and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the City does not correct a non-compliance situation in a timely manner. J. Environmental Indemnification language may be added or amended from time to time. K. Work activities are to be conducted in a controlled area where pollutants shall be contained and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by City. L. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain. M. In the event City fails to comply with all applicable BMPs following City’s receipt of written notice and expiration of any applicable cure period, County, in addition to any and all remedies available in Clause 32 (DEFAULTS AND REMEDIES), shall have the right to self-help remedies or terminate the Lease as follows: 1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time, or; 2 Remedy a non-compliance situation with a chargeback to the City for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the City’s BMP implementation is lacking or if the City allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against County. Therefore, this Lease must establish a BMP compliance partnership with the City and the Lease must ensure the protection of water quality is inherent in the City’s day-to-day operations.

Appears in 1 contract

Samples: Library Services Transfer Agreement

Best Management Practices. 1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. BMP Fact Sheets shall include but shall not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 IC-5 b) IC21 IC-17 c) IC24IC-21 5. These BMP Fact Sheets may be modified during the term of the Contract; and County’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets. 6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets. 7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the County’s Project Manager for review and approval prior to implementation. 8. a) County’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Contract for Portland Cement Concrete Maintenance and Repair Service

Best Management Practices. 1. Contractor 19.1 TENANT and all of TENANT’s, subtenant, agents, employees and contractors shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. 19.2 The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. 19.3 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-non- stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. 19.4 BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5BMP Fact Sheets that are attached hereto as Exhibit DD. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager the Chief Real Estate Officer shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor 19.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager the Chief Real Estate Officer for review and approval prior to implementation. 8. County’s Project Manager 19.6 Chief Real Estate Officer may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonably time during normal business hours to assure that activities conducted on the job sites Premises comply with the requirements of this section. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Appears in 1 contract

Samples: Ground Lease

Best Management Practices. 1. Contractor (3.3 SR) A. Tenant shall conduct operations under this Contract Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" Waters (as used herein, Receiving Waters Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 2. B. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-co- permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of OrangeCounty, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. C. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs“BMP(s)”) as provided in Exhibit C, and which may change from time to time, that parties tenants using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost cost-effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. D. BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease; and County’s Project Manager County shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its subtenants, agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modified. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor E. Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager County for review and approval prior to implementation. 8. County’s Project Manager F. County may visit enter the job sites Premises and/or review ContractorTenant’s records at any time to assure that activities conducted on the job sites Premises comply with the requirements of this sectionclause. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionclause. G. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions. H. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. Tenant shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regards to Tenant Improvements, Tenant shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non-operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined. I. The BMP’s shall stipulate the process for the Tenant to take corrective actions, and state the consequences of non-compliance or County options under the Lease to self-remedy the matter. The Santa Xxx and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the Tenant does not correct a non-compliance situation in a timely manner and that the security deposit reflects this circumstance. J. Environmental Indemnification language may be added or amended from time to time. K. Work activities are to be conducted in a controlled area where pollutants shall be contained, and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by Tenant. L. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain. M. In the event Tenant fails to comply with all applicable BMPs, County, in addition to any and all remedies available in Clause 30 (DEFAULTS AND REMEDIES), shall have the right to self- help remedies or terminate the Lease as follows: 1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time, or; 2 Remedy a non-compliance situation with a chargeback to the Tenant for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the Tenant’s BMP implementation is lacking or if the Tenant allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against County. Therefore, this Lease must establish a BMP compliance partnership with the Tenant and the Lease must ensure the protection of water quality is inherent in the Tenant’s day-to-day operations.

Appears in 1 contract

Samples: Lease Agreement

Best Management Practices. 1. Contractor (3.3 N) A. Tenant shall conduct operations under this Contract Lease so as to assure that Xxxxxx’s actions do not cause pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants Xxxxxx’s actions do not cause pollutants to directly impact "Receiving Waters" Waters (as used herein, Receiving Waters Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans)) in violation of applicable law or regulations. 2. B. The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of OrangeCounty, and to the Orange County Flood Control District (District) and cities within Orange County, as co-co- permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of OrangeCounty, including the Premises leased under this ContractLease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 3. C. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs“BMP(s)”) as provided in Exhibit C, and which may change from time to time in connection with changes to the MS4 permit requirements on the County, that parties Tenant’s using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 4. D. BMP Fact Sheets shall that apply to uses authorized under this Lease include but not be limited to the following which may be viewed and downloaded at: xxxx://xxxxxxxxxxxx.xxx/documents/bmp/industrialcommercialbusinessesactivities a) IC17 b) IC21 c) IC24 5. BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the ContractLease in connection with changes to the MS4 permit requirements on the County; and County’s Project Manager County shall provide Contractor Tenant with any such modified BMP Fact Sheets. 6. Contractor Tenant, its sub-Tenants, agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this ContractLease, comply with the BMP Fact Sheets as they exist now or are modified, modified in connection with changes to the MS4 permit requirements on the County. and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract Lease commences or as the Stormwater Permits may be modifiedmodified in connection with changes to the MS4 permit requirements on the County. Contractor Tenant agrees to maintain current copies of the BMP Fact Sheets on with respect to the job sites Premises throughout the term of this ContractLease. The BMPs applicable to uses authorized under this Contract Lease must be performed as described within all applicable BMP Fact Sheets. 7. Contractor E. Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County’s Project Manager County for review and approval prior to implementation. 8. County’s Project Manager F. County may visit enter the job sites Premises and/or review ContractorTenant’s records at any reasonable time and upon reasonable prior written notice, to assure that activities conducted on the job sites Premises comply with the requirements of this sectionclause. Contractor Tenant may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionclause. G. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions. H. The BMP’s shall stipulate the process for the Tenant to take corrective actions, and state the consequences of non-compliance or County options under the Lease to self-remedy the matter. The Santa Xxx and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the Tenant does not correct a non-compliance situation in a timely manner after written notice from County to Tenant notifying Tenant of such non- compliance situation, and the security deposit reflects this circumstance. I. Reasonable Environmental Indemnification language may be added or amended from time to time if in response to changes to the MS4 permit requirements on the County. J. Work activities are to be conducted in a controlled area where pollutants shall be contained and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by Tenant. K. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain. L. In the event Tenant fails to comply with all applicable BMPs, County, in addition to any and all remedies available in Clause 30 (DEFAULTS AND REMEDIES), shall have the right to self- help remedies or terminate the Lease as follows: 1. Terminate the Lease due to non-compliance with the BMPs incorporated in the Lease and as BMPs may change from time to time if Tenant does not cure such non-compliance within ten (10) business days after written notice from County to Tenant notifying Tenant of the non-compliance, or; 2. Remedy a non-compliance situation with a chargeback to the Tenant for the cost. The details regarding notification, timeline, and procedure are to be drafted and mutually agreed upon by both Parties to ensure all water quality issues are addressed within the Lease. In the event the Tenant’s BMP implementation is lacking or if the Tenant allows a prohibitive discharge to occur, then the Regional Board will only take enforcement action against County. Therefore, this Lease must establish a BMP compliance partnership with the Tenant and the Lease must ensure the protection of water quality is inherent in the Tenant’s day-to-day operations.

Appears in 1 contract

Samples: Lease Agreement

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