Common use of Environmental Compliance Requirements Clause in Contracts

Environmental Compliance Requirements. (a) RACs will be required to comply with all Airport, San Mateo County, State of California, and Federal environmental laws and regulations applicable to RAC operations. Compliance with specific laws, regulations, and ordinances will be required for items including, but not limited to, wastewater discharges into Airport’s wastewater collection systems ; storm water pollution prevention; underground and above ground storage tanks for petroleum products and other hazardous materials; hazardous materials business plan; spill prevention, control, and countermeasure plan; and facility emergency response plan. RAC’s shall obtain all required environmental permits such as underground storage tank permit and Title V air emission permit from the appropriate regulatory agencies and shall prepare and submit all required environmental compliance plans such as storm water pollution prevention plan and spill prevention, control, and countermeasure plan to the appropriate regulatory agencies. RAC’s are required to submit a copy of all environmental permits and environmental compliance plans within 60 days from the start of the Lease and within 30 days from the date of renewal or modification of such plans or permits to Airport Environmental Services at the address shown below. RAC’s are also required to submit a copy of any Notices of Violations received from any government agency relevant to noncompliance with environmental laws, regulations, permits, etc. to Airport Environmental Services within five working days from the date of receipt of such notices to: Airport Environmental Services Bureau of Design and Construction X.X. Xxx 0000 Xxx Xxxxxxxxx, XX 00000 (b) Compliance with California Global Warming Solution Act of 2006. The Act requires the State Air Resources Board to, among other tasks, carry out the following tasks: i. Establish a statewide GHG emissions cap for 2020, based on 1990 emissions by January 1, 2008. ii. Adopt mandatory reporting rules for significant sources of greenhouse gases by January 1, 2008. iii. Adopt a plan by January 1, 2009 indicating how emission reductions will be achieved from significant GHG sources via regulations, market mechanisms and other actions. iv. Adopt regulations by January 1, 2011 to achieve the maximum technologically feasible and cost-effective reductions in GHGs, including provisions for using both market mechanisms and alternative compliance mechanisms. The City and County of San Francisco has established a more ambitious goal for reducing the GHG emissions from the City facilities and operations to 20% below the 1990 emission levels by year 2012. The RAC’s are required to comply with the California Air Resources Board’s (CARB) regulations for implementing the Global Warming Solutions Act of 2006 in accordance with the time schedule to be established by the CARB. RAC’s are also encouraged to make voluntary attempts to achieve the GHG emissions reduction goal that Airport is committed to achieving by or before 2012. RAC’s are required to submit to the Airport a copy of all documents and reports required to be submitted to the CARB under the provisions of the Global Warming Solutions Act within 30 days from the date of submittal of such reports to CARB. (c) Compliance with Notices of Violations of Environmental laws and Regulations. RAC’s are required to promptly comply with any notices of violation of environmental laws, regulations, permits, or applicable environmental plan provisions. RAC’s shall bear responsibility for any fines imposed on the Airport or compliance costs borne by the Airport as a result of the violation of any environmental laws and regulations by such tenant(s).

Environmental Compliance Requirements. (a) RACs will be required to comply with all Airport, San Mateo County, State of California, and Federal environmental laws and regulations applicable to RAC operations. Compliance with specific laws, regulations, and ordinances will be required for items including, but not limited to, wastewater discharges into Airport’s wastewater collection systems ; storm water pollution prevention; underground and above ground storage tanks for petroleum products and other hazardous materials; hazardous materials business plan; spill prevention, control, and countermeasure plan; and facility emergency response plan. RAC’s shall obtain all required environmental permits such as underground storage tank permit and Title V air emission permit from the appropriate regulatory agencies and shall prepare and submit all required environmental compliance plans such as storm water pollution prevention plan and spill prevention, control, and countermeasure plan to the appropriate regulatory agencies. RAC’s are required to submit a copy of all environmental permits and environmental compliance plans within 60 days from the start of the Lease and within 30 days from the date of renewal or modification of such plans or permits to Airport Environmental Services at the address shown below. RAC’s are also required to submit a copy of any Notices of Violations received from any government agency relevant to noncompliance with environmental laws, regulations, permits, etc. to Airport Environmental Services within five working days from the date of receipt of such notices to: Airport Environmental Services Bureau of Design and Construction X.X. Xxx 0000 Xxx XxxxxxxxxP.O. Box 8097 San Francisco, XX 00000CA 94128 (b) Compliance with California Global Warming Solution Act of 2006. The Act requires the State Air Resources Board to, among other tasks, carry out the following tasks: i. Establish a statewide GHG emissions cap for 2020, based on 1990 emissions by January 1, 2008. ii. Adopt mandatory reporting rules for significant sources of greenhouse gases by January 1, 2008. iii. Adopt a plan by January 1, 2009 indicating how emission reductions will be achieved from significant GHG sources via regulations, market mechanisms and other actions. iv. Adopt regulations by January 1, 2011 to achieve the maximum technologically feasible and cost-effective reductions in GHGs, including provisions for using both market mechanisms and alternative compliance mechanisms. The City and County of San Francisco has established a more ambitious goal for reducing the GHG emissions from the City facilities and operations to 20% below the 1990 emission levels by year 2012. The RAC’s are required to comply with the California Air Resources Board’s (CARB) regulations for implementing the Global Warming Solutions Act of 2006 in accordance with the time schedule to be established by the CARB. RAC’s are also encouraged to make voluntary attempts to achieve the GHG emissions reduction goal that Airport is committed to achieving by or before 2012. RAC’s are required to submit to the Airport a copy of all documents and reports required to be submitted to the CARB under the provisions of the Global Warming Solutions Act within 30 days from the date of submittal of such reports to CARB. (c) Compliance with Notices of Violations of Environmental laws and Regulations. RAC’s are required to promptly comply with any notices of violation of environmental laws, regulations, permits, or applicable environmental plan provisions. RAC’s shall bear responsibility for any fines imposed on the Airport or compliance costs borne by the Airport as a result of the violation of any environmental laws and regulations by such tenant(s) (d) Environmental Sustainability Requirements. Airport published an Environmental Sustainability Report ("ESR") in June 2007 documenting the Airport’s environmental footprint and detailing our many environmental achievements including reductions in GHG emissions, abatement of aircraft noise, control of pollutant discharges to the Bay, protection of endangered species’ habitat at the Airport, etc. The complete text of Airport’s 2007 Environmental Sustainability Report can be found at the following web site: xxxx://xxx.xxxxxx.xxx/web/export/sites/default/download/about/reports/pdf/ESReport.pdf The 2007 sustainability report was focused on Airport operations and facilities and did not include any information on the tenants’ environmental achievements. Airport plans to issue updates of the ESR at two year intervals. In the future editions of the ESR Airport will request the RACs for information on various sustainability measures carried out by the RAC’s at their AIRPORT facilities. RAC’s are encouraged to implement measures such as purchasing more fuel efficient cars, purchasing electric cars, using more efficient indoor lighting systems, etc to demonstrate their commitment to environmental sustainability at the Airport.