Clean Air and Water. 4.1 This section is applicable only if the Contract exceeds $100,000, or the Federal Contracting Officer, the State or County has determined that orders under an indefinite quantity contract in any one year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [42 U.S.C. § 7413 (c)(1)] or the Federal Water Pollution Control Act (33 U.S.C. § 1319(c)) and is listed by EPA, or the Contract is not otherwise exempt. Contractor agrees as follows:
4.1.1 To comply with all the requirements of § 114 of the Clean Air Act, as amended (42 U.S.C. §§ 7401 et seq.) and § 308 of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) respectively relating to inspection monitoring, entry, reports, and information, as well as other requirements specified in § 114 and § 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this Contract;
4.1.2 No obligation required by this Contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this Contract was executed unless and until the EPA eliminates the name of such facility or facilities from such listing;
4.1.3 To use its best efforts to comply with clean air standards and clean water standards at the facility in which the services are being performed; and
4.1.4 To insert the substance of the provisions of this Paragraph 4.0 into any written delegation.
4.2 The terms used in this section have the following meanings:
Clean Air and Water. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The PHA may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The PHA shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
Clean Air and Water. (Applicable only if the award exceeds $150,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [42 USC §7413(c)(1)] or the Clean Water Act [33 USC §1319(c)] and is listed by the Environmental Protection Agency (EPA), or the award is not otherwise exempt.) The awardee agrees as follows:
a. To comply with all the requirements of Section 114 of the Clean Air Act [42 USC §7414] and Section 308 of the Clean Water Act [33 USC §1318], respectively, relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Clean Water Act, respectively, and all regulations and guidelines issued thereunder before the issuance of the cooperative agreement.
b. That no portion of the work required by the award will be performed in a facility listed on the EPA List of Violating Facilities on the date that the award was issued unless and until EPA eliminates the name of such facility or facilities from such listing.
c. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the award is being performed.
d. To insert the substance of the provisions of this article into any nonexempt subaward.
Clean Air and Water. (Applicable only if the Agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [42 U.S.C. § 7413(c)(1)] or the Clean Water Act [33 U.S.C.§ 1319(c)] and is listed by the Environmental Protection Agency (EPA), or the Agreement is not otherwise exempt.) The Subrecipient agrees as follows:
A. To comply with all the requirements of Section 114 of the Clean Air Act [42 U.S.C. §7414] and Section 308 of the Clean Water Act [33 U.S.C. § 1318], respectively, relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Clean Water Act, respectively, and all regulations and guidelines issued thereunder before this Agreement.
B. That no portion of the work required by the Agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date that the award was awarded unless and until EPA eliminates the name of such facility or facilities from such listing.
C. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the Agreement is being performed.
D. To insert the substance of the provisions of this article into any nonexempt subcontract.
Clean Air and Water. The undersigned Contractor certifies that any facility to be used in the performance of this contract ____ is ____ is not listed on the Environmental Protection Agency List of Violating Facilities.
Clean Air and Water. Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11838, and Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt Federal Contracts, grants or loans, of facilities included on the EPA List for Violating Facilities. The use of materials which have been identified by governmental agencies as being hazardous or creating potentially hazardous conditions will not be allowed on any Project. Specifically, products containing lead, asbestos, polychlorinated biphenyl (PCB) are prohibited. The Contractor shall assume a strict and cautious position in responding to reports of other materials which may be identified as hazardous during the construction period. If any material originally specified or approved for use in the Work should become listed as suspected or verified, the Contractor shall immediately notify HISD and initiate efforts to postpone the installation until the matter can be investigated. Close-out documents require affidavits from the Contractor as well as each Subcontractor attesting to the fact that no products as prohibited for use in public facilities have been incorporated into the Work. Additionally, all requirements of laws and ordinances concerning “right to know” of the general public, as well as Workmen who perform Work on the Project shall be adhered to by all parties and shall be so specified.
Clean Air and Water. Pollution Control - Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000.
Clean Air and Water. 21 In the event the funding under this Agreement exceeds One Hundred Thousand and 22 No/100 Dollars ($100,000.00), CONTRACTOR shall comply with all applicable standards, orders 23 or requirements issued under the Clean Air Act contained in 42 U.S. Code 7601 et seq; the Clean 24 Water Act contained in 33 U.S. Code 1368 et seq.; and any standards, laws and regulations, 25 promulgated thereunder. Under these laws and regulations, CONTRACTOR shall assure:
26 A. No facility shall be utilized in the performance of the Agreement that has been 27 listed on the Environmental Protection Agency (EPA) list of Violating Facilities;
1 B. COUNTY shall be notified prior to execution of this Agreement of the receipt of 2 any communication from the Director, Office of Federal Activities, U.S. EPA indicating that a 3 facility to be utilized in the performance of this Agreement is under consideration to be listed on the 4 EPA list of Violating Facilities;
5 C. COUNTY and U.S. EPA shall be notified about any known violation of the above 6 laws and regulations; and
7 D. This assurance shall be included in every nonexempt subgrant, contract, or
Clean Air and Water. (Applicable only if this subcontract
Clean Air and Water. The undersigned Contractor certifies that any facility to be used in the performance of this contract ___ is ___ is not listed on the Environmental Protection Agency List of Violating Facilities. The undersigned Contractor agrees to immediately notify SPRINT SPECTRUM L.P., immediately upon the receipt of any communication from the Administrator or a designee of the Environmental Protection Agency indicating that any facility that the Contractor proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities. SPRINT SPECTRUM L.P. includes this certification and agreement pursuant to FAR 52-223-1(c) which requires including such paragraph (c) in every nonexempt subcontract.
