Polychlorinated Biphenyls. Employees required to remove or handle equipment or fittings containing polychlorinated biphenyls (PCBs), for which protective clothing must be worn, shall be paid an allowance of $1.97 for each hour or part thereof whilst so engaged.
Polychlorinated Biphenyls. The NASA Environmental Services Office performs quarterly inspections, completes Annual Document Logs, and submits transformer registration of equipment with concentrations of polychlorinated biphhenyls (PCBs) at greater than or equal to 50 ppm in compliance with 40 CFR 761 to the U.S. EPA. In addition, the NASA Facilities Maintenance group completes additional inventories, inspections and testing of the equipment. Historical documentation includes a PCB inventory of the former Naval Air Station, at Moffett Field conducted by the Navy in 1993 (NAS Moffett Field, 1993). In this document, a total of 252 items were identified and sampled, including capacitors, regulators, oil fuse cutouts, oil circuit breakers, oil switches, and transformers. PCB concentrations ranged from non-detect to 542,000 ppm. Since the completion of this 1993 report, many pieces of equipment have been removed and disposed of as indicated in the PCB Annual Document Logs. Transformers or capacitors with PCB concentrations above the California DHS regulated concentration (5 ppm) for hazardous waste are present within the NRP. Four of these transformers are included because they have not been tested for PCBs and in compliance with 40 CFR 761 are assumed to have concentrations of PCBs >500 ppm. However, since these items are inspected regularly and PCB releases have not been observed these items are not considered an environmental concern. Table 7 presents a summary of the buildings with transformers and/or capacitors with concentrations of detected PCBs above the DHS regulated concentrations. Equipment with PCB concentrations of 5 ppm or greater present in Parcel 5 is discussed in Section 4.0. Any buildings with fluorescent lighting may contain PCB light ballasts. These must be removed and disposed of properly prior to demolition.
Polychlorinated Biphenyls. Seven buildings within Parcel 5 contain transformers or capacitors with PCB concentrations above the DHS regulated concentration (5 ppm). In addition, one capacitor located at Building 476 has not been tested and is assumed to contain at least 500 ppm PCBs per 40 CPR 761. Table 7 presents a summary of the Parcel 5 buildings with PCB containing items, their sample dates, and the concentrations of detected PCBs above the DTSC regulated concentration. Because no leaks of these active units have been observed during inspections, they are unlikely to have impacted the environment. Quarterly inspections are recorded on Field Sheets kept electronically on a database and reported annually in the PCB Annual Document Log. A visual survey was not conducted as part of this report. Any buildings with fluorescent lights may contain PCB light ballast. These must be removed and disposed of properly prior to demolition.
Polychlorinated Biphenyls. Customer Materials shalt not contain a concentration of polychlorinated biphenyls (PCB's) equal to or greater than 50 milligrams per kilogram (dry weight basis). nor shall Customer Materials violate more stringent state or local standards, where applicable.
Polychlorinated Biphenyls. 26 4.9 Asbestos . . . . . . . . . . . . . . . . 26 4.10 Miscellaneous . . . . . . . . . . . . . . 27
Polychlorinated Biphenyls. According to site personnel, the on-site transformers do not contain polychlorinated biphenyls (PCBs) at concentrations requiring special management.
Polychlorinated Biphenyls. Debtor shall not use, discharge, transport, or install on the Premises or Improvements, or permit to be used, discharged, transported, or installed on the Premises or Improvements, any polychlorinated biphenyls ("PCB") or materials containing PCB. If, during the term of the Loan, either the Premises or the Improvements is found to be out of compliance with any applicable federal, state, and local laws, rules, regulations, or orders with respect to PCB, Secured Party may declare this Instrument to be in default. In addition, Debtor hereby grants to Secured Party and its employees and agents an irrevocable and nonexclusive license, subject to the rights of tenants, to enter the Premises and Improvements from time to time to inspect, conduct testing, and/or audit the Premises and the Improvements with respect to electrical equipment which may contain PCB and, upon expiration of the applicable cure period under this Instrument, cause the Premises and the Improvements to be in compliance with such laws, rules, regulations, or orders. The costs of such inspection, testing, audit, and the costs of so bringing the Premises and/or the Improvements into compliance, shall immediately become due to Secured Party and shall be secured by this Instrument. Debtor shall indemnify Secured Party and hold Secured Party harmless from and against all loss, liability, damage, claim, judgment, cost, and expense (including, without limitation, attorneys' fees and costs incurred in the investigation, defense, and settlement of claims) that Secured Party may incur as a result of or in connection with the assertion against Secured Party of any claim relating to the presence or removal of PCB, or compliance with any federal, state, or local laws, rules, regulations, or orders relating thereto; provided, however, that this indemnity shall not apply if Debtor can conclusively prove that (i) the contamination of the Collateral was caused solely by actions, conditions, or events that occurred after the date that Secured Party (or any purchaser at a foreclosure sale) actually acquired title to the Collateral and (ii) the contamination of the Collateral was not caused by the direct or indirect actions of Debtor, any partner(s) of Debtor, or any agent of Debtor.
Polychlorinated Biphenyls. To the best knowledge of Seller, the Premises are not in violation of any zoning, subdivision, building or fire code, or any other applicable ordinance, statute, regulation or requirement of any governmental authority having jurisdiction thereof, and Seller has received no notice or order from any governmental authority as to such a violation.
Polychlorinated Biphenyls i. Lead Paint;
j. Manufacture of Latex gloves;
k. Manufacture of Polybutylene piping (acrylonitrile-butadiene-styrene); or
l. Bio-engineered products, including any food products or therapeutic or diagnostic pharmaceutical products which are developed using some form of bioengineering. Revised: September 29, 2003 No. 2521-0027-E001
II. Contractor's Protective Liability (OCP) policy limits are added to ARTICLE IV, COMPANY POLICY LIMITS, and the Article reads as follows:
Polychlorinated Biphenyls. Environmental Laws" means and includes any law, ordinance, statute, rule, code, order, approval, regulation or requirement now or hereinafter in effect relating to land use, air, soil, surface water, groundwater (including the protection, cleanup, removal, remediation or damage thereof), human health and safety or any other environmental matter, including, without limitation, the following laws as the same may be amended from time to time: Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601, ET SEQ.; Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; Clean Water Act, 33 U.S.C. Section 1251, ET SEQ.; Toxic Substances Control Act, 15 U.S.C. Section 2601, ET SEQ.; Refuse Act, 33 U.S.C. Section 407; Occupational Safety and Health Act, 29 U.S.C. Section 651, ET SEQ.; Clean Air Act, 42 U.S.C. Section 7401, ET SEQ.; and comparable Pennsylvania laws; and any and all similar state and local laws and ordinances and the regulations now or hereafter adopted, published and/or promulgated pursuant thereto.
