Common use of Clean Air and Water Certification Clause in Contracts

Clean Air and Water Certification. (Applicable if 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Agency signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not , listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt sub-agreement. (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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if 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. 1857c-8(c)(11857c–8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Agency signatory to this agreement certifies as follows:) (a) Any facility to be utilized in the performance of this proposed agreement is , is not , listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which that he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt sub-sub- agreement. (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. 1857c-8(c)(11857c–8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency cooperator agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act Act, as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-60491–604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sqet seq., as amended by Public Law 92-50092–500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency (EPA) List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreementsubagreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if this agreement exceeds $100,000 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1Section 7413(c)) or the Federal Water Pollution Control Act (33 U.S.C. Section 1319(c)) and is listed by EPA, or is not otherwise exempt.) ) A. The Agency project sponsoring organizations signatory to this agreement certifies certify as follows: (a1) Any facility to be utilized in the performance of this proposed agreement is ( ), is not , ( ) listed on the Environmental Protection Agency List of Violating Facilities. (b2) To promptly notify the NRCS-State or Regional Conservationist administrative officer prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. U.S. Environmental Protection Agency, indicating that any facility which he/she proposes to is proposed for use for the performance of the under this agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c3) To include substantially this certification, including this subparagraph (c)subparagraph, in every nonexempt sub-agreement. (Applicable only if the subagreement. B. The project sponsoring organizations signatory to this 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency agrees agree as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604Section 7414) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500Section 1318), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility facilities listed on the Environmental Protection Agency EPA List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreement, including this subparagraph A. (4)subagreement. B. C. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) A. The Agency project sponsoring organizations signatory to this agreement certifies certify as follows: (a1) Any facility to be utilized in the performance of this proposed agreement is ( ), is not , (X) listed on the Environmental Protection Agency List of Violating Facilities. (b2) To promptly notify the NRCS-State or Regional Conservationist administrative officer prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. U.S. Environmental Protection Agency, indicating that any facility which he/she proposes to is proposed for use for the performance of the under this agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c3) To include substantially this certification, including this subparagraph (c)subparagraph, in every nonexempt sub-agreement. (Applicable only if the . B. The project sponsoring organizations signatory to this 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604Section 7414) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500Section 1318), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility facilities listed on the Environmental Protection Agency EPA List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreement, including this subparagraph A. (4)subagreement. B. C. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if this agreement exceeds $100,000 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1Section 7413(c)) or the Federal Water Pollution Control Act (33 U.S.C. Section 1319(c)) and is listed by EPA, or is not otherwise exempt).) A. The Agency project sponsoring organizations signatory to this agreement certifies certify as follows: (a1) Any facility to be utilized in the performance of this proposed agreement is ( ), is not , ( X ) listed on the Environmental Protection Agency List of Violating Facilities. (b2) To promptly notify the State or Regional Conservationist NRCS‐State administrative officer prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. U.S. Environmental Protection Agency, indicating that any facility which he/she proposes to is proposed for use for the performance of the under this agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c3) To include substantially this certification, including this subparagraph (c)subparagraph, in every nonexempt sub-agreement. (Applicable only if the sub‐agreement. B. The project sponsoring organization(s) signatory to this 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604Section 7414) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500Section 1318), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will would be performed in a facility facilities listed on the Environmental Protection Agency EPA List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreement, including this subparagraph A. (4)subagreement. B. C. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if this agreement exceeds $100,000 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Agency signatory to this agreement certifies as follows:) (a) Any facility to be utilized in the performance of this proposed agreement is _____, is not , listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt sub-agreementsubagreement. (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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency cooperator agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreementsubagreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if this agreement exceeds $100,000 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Agency project sponsoring organization(s) signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not , listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist Contracting Officer prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. U.S. Environmental Protection Agency, indicating that any facility which he/she proposes they propose to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subnon-exempt sub- agreement. (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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency project sponsoring organization(s) signatory to this agreement agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et et. seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sqseq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by b NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- non-exempt sub-agreement, including this subparagraph A. (4sub-paragraph A.(4). B. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if this agreement exceeds $100,000 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1Section 7413(c)) or the Federal Water Pollution Control Act (33 U.S.C. Section 1319(c)) and is listed by EPA, or is not otherwise exempt).) A. The Agency project sponsoring organizations signatory to this agreement certifies certify as follows: (a1) Any facility to be utilized in the performance of this proposed agreement is ( ), is not , ( X ) listed on the Environmental Protection Agency List of Violating Facilities. (b2) To promptly notify the NRCS-State or Regional Conservationist administrative officer prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. U.S. Environmental Protection Agency, indicating that any facility which he/she proposes to is proposed for use for the performance of the under this agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c3) To include substantially this certification, including this subparagraph (c)subparagraph, in every nonexempt sub-agreement. (Applicable only if the . B. The project sponsoring organization(s) signatory to this 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. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604Section 7414) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500Section 1318), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility facilities listed on the Environmental Protection Agency EPA List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- agreement, including this subparagraph A. (4)subagreement. B. C. The terms used in this clause have the following meanings:

Clean Air and Water Certification. (Applicable if agreement exceeds $100,000 S100,000 or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(11857c-8(c)(l) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Agency cooperator signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is , is not , listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the " Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt sub-agreement. (Applicable only if the agreement exceeds $100,000, or a facility to be used has been the die subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(11857c-8(c)(l) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The Agency cooperator agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued there under thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub- sub-agreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings: