Common use of ENVIRONMENTALLY ACCEPTABLE FACILITIES; CLEAN AIR AND WATER Clause in Contracts

ENVIRONMENTALLY ACCEPTABLE FACILITIES; CLEAN AIR AND WATER. Contractor hereby stipulates and agrees as follows: (1) That Contractor included in its offer a statement listing any facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which have given rise to a conviction under Section 113 (c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. If no such list is included in accordance with the foregoing, then submission of an offer shall constitute certification by the offeror that no facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract have given rise to such conviction. (2) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Federal Water Pollution Control Act, respectively, and all regulations and guidelines issued thereunder. (3) That Contractor shall notify the awarding official if any facility to be utilized for this contract has given rise to a conviction under Section 113(c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract award. (4) That Contractor will include or cause to be included the criteria and requirements in subparagraphs (1) through (4) of this provision in all subcontracts of $100,000 or more and all subcontracts for indefinite quantities which may be $100,000 or more in any year, and Contractor will take such action as TVA may direct as a means of enforcing such provision. Contractor shall not award a subcontract without the prior written approval of TVA to any subcontractor whose performance would involve the use of any facility or facilities which has given rise to a conviction under Section 113 (c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract award.

Appears in 2 contracts

Samples: Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Patriot Coal CORP)

AutoNDA by SimpleDocs

ENVIRONMENTALLY ACCEPTABLE FACILITIES; CLEAN AIR AND WATER. Contractor hereby stipulates and agrees as follows: (1) That Contractor included in its offer a statement listing any facilities or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which are listed on the Environmental Protection Agency's List of Violating Facilities issued pursuant to Section 15.20 of Title 40, 35 39 Code of Federal Regulations. If no such list is included in accordance with the foregoing, then submission of a offer shall constitute certification by the offeror that any facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which have given rise are not listed on the Environmental Protection Agency's List of Violating Facilities issued pursuant to a conviction under Section 113 (c) 15.20 of the Clean Air Act or Section 309 (c) Title 40, Code of the Federal Water Pollution Control Act. If no such list is included in accordance with the foregoing, then submission of an offer shall constitute certification by the offeror that no facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract have given rise to such convictionRegulations. (2) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Federal Water Pollution Control Act, respectively, and all regulations and guidelines issued thereunder. (3) That Contractor shall notify the awarding official if of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for this contract has given rise is under consideration to a conviction under Section 113(c) be listed on the EPA List of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control ActViolating Facilities. Prompt notification shall be required prior to contract award. (4) That Contractor will include or cause to be included the criteria and requirements in subparagraphs (1) through (4) of this provision in all subcontracts of $100,000 or more and all subcontracts for indefinite quantities which may be $100,000 or more in any year, and Contractor will take such action as TVA may direct as a means of enforcing such provisionprovisions. Contractor shall not award a subcontract without the prior written approval of TVA to any subcontractor whose performance would involve the use of any facility or facilities which has given rise to a conviction under Section 113 (c) are listed on the Environmental Protection Agency's List of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract awardViolating Facilities.

Appears in 1 contract

Samples: Term Coal Contract (Alliance Resource Partners Lp)

ENVIRONMENTALLY ACCEPTABLE FACILITIES; CLEAN AIR AND WATER. Contractor hereby stipulates and agrees as follows: (1) That Contractor included in its offer a statement listing any facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which have given rise to a conviction under Section 113 (c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. If no such list is included in accordance with the foregoing, then submission of an offer shall constitute certification by the offeror that no facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract have given rise to such conviction. (2) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Federal Water Pollution Control Act, respectively, and all regulations and guidelines issued thereunder. (3) That Contractor shall notify the awarding official if any facility to be utilized for this contract has given rise to a conviction under Section 113(c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract award. (4) That Contractor will include or cause to be included the criteria and requirements in subparagraphs (1) through (4) of this provision in all subcontracts of $100,000 or more and all subcontracts for indefinite quantities which may be $100,000 or more in any year, and Contractor will take such action as TVA Customer may direct as a means of enforcing such provision. Contractor shall not award a subcontract without the prior written approval of TVA Customer to any subcontractor whose performance would involve the use of any facility or facilities which has given rise to a conviction under Section 113 (c) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract award.

Appears in 1 contract

Samples: Coal Supply Agreement (Patriot Coal CORP)

AutoNDA by SimpleDocs

ENVIRONMENTALLY ACCEPTABLE FACILITIES; CLEAN AIR AND WATER. Contractor hereby stipulates and agrees as follows: (1) That Contractor included in its offer a statement listing any facilities or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which are listed on the Environmental Protection Agency's List of Violating Facilities issued pursuant to Section 15.20 of Title 40, Code of Federal Regulations. If no such list is included in accordance with the foregoing, then submission of a offer shall constitute certification by the offeror that any facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract which have given rise are not listed on the Environmental Protection Agency's List of Violating Facilities issued pursuant to a conviction under Section 113 (c) 15.20 of the Clean Air Act or Section 309 (c) Title 40, Code of the Federal Water Pollution Control Act. If no such list is included in accordance with the foregoing, then submission of an offer shall constitute certification by the offeror that no facility or facilities to be utilized in performance of this contract or any subcontract enabling the performance of this contract have given rise to such convictionRegulations. (2) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Federal Water Pollution Control Act, respectively, and all regulations and guidelines issued thereunder. (3) That Contractor shall notify the awarding official if of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for this contract has given rise is under consideration to a conviction under Section 113(c) be listed on the EPA List of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control ActViolating Facilities. Prompt notification shall be required prior to contract award. (4) That Contractor will include or cause to be included the criteria and requirements in subparagraphs (1) through (4) of this provision in all subcontracts of $100,000 or more and all subcontracts for indefinite quantities which may be $100,000 or more in any year, and Contractor will take such action as TVA may direct as a means of enforcing such provisionprovisions. Contractor shall not award a subcontract without the prior written approval of TVA to any subcontractor whose performance would involve the use of any facility or facilities which has given rise to a conviction under Section 113 (c) are listed on the Environmental Protection Agency's List of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. Prompt notification shall be required prior to contract awardViolating Facilities.

Appears in 1 contract

Samples: Term Coal Contract (Alliance Resource Partners Lp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!