Common use of Clean Air and Water Clause in Contracts

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.