Spill Responsibility Sample Clauses
Spill Responsibility. PURCHASER will be held responsible for any and all releases of environmental pollution during performance of the contract which occur as a result of, or are contributed by, actions of its agent, personnel, or subcontractors. PURCHASER agrees to promptly dispose of such spills or leaks to satisfaction of the STATE and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the STATE.
Spill Responsibility. § 10.5.1 The Contractor is responsible for any and all releases of environmental pollution during performance of the Contract which occur as a result of, or are contributed to by, actions of its agents, employees, or Subcontractors. The Contractor agrees to promptly remediate such releases to satisfaction of the Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the Owner.
§ 10.5.2 Contractor shall obtain the Owner’s written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous materials, as the same or reasonably similar terms are used in any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the Owner, the Contractor, at all times, shall:
.1 properly handle, use and dispose of all environmental pollutants and hazardous materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; .2 be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous materials that the Contractor has brought onto the Work site; and .3 promptly clean up, without cost to the Owner, such spills, releases, discharges, or leaks to the Owner’s satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances.
§ 10.5.3 The Contractor shall be liable for any and all costs, expenses, damages, claims, and causes of action, or any of them, related to or arising out of a spill, release, discharge, or leak of (or from) any environmental pollutant or hazardous substance or material, to the extent such spill, release, discharge, or leak was caused or contributed to by the Contractor’s (i) fault or (ii) failure to perform in accordance with the Contract Documents. Nothing in this Section
§ 10.5.4 The Contractor shall report all reportable quantity releases described in this Section 10.5 to applicable federal, state, and local regulatory and emergency response agencies. Upon discovery, regardless of quantity, the Contractor must telephonically report all releases to the Owner. A written follow-up report shall be submitted to the Owner within forty-eight (48) hours of the telephonic report. Such written report shall contain, at a minimum:
.1 Description of items released (identity, quantity, manifest number, and all other documen...
Spill Responsibility. Notwithstanding any provision to the contrary, in the event of a spill, leak, or release in violation of applicable law (“Regulated Spill”), Contractor agrees to: (a) evacuate and warn those persons who may be impacted; (b) immediately contact emergency response agencies (i.e., call 911); (c) contact Purchaser representative and provide all notifications and reports as specified by applicable law; and (d) clean up such Regulated Spill in a manner that complies with applicable law.
Spill Responsibility a. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit on hand during movements of items to capture and contain any potential spills or releases. The Contractor is solely responsible for the proper cleanup and disposal of any spills or releases occurring during the performance of this contract as a result of actions attributed to its agents, employees, or Subcontractors. This includes spills caused by Contractor-provided defective totes. Cleanup scope will be to the satisfaction of the Government, and at no additional cost to the Government. Residues from such cleanups shall be removed off-site within 24 hours of the cleanup completion. The Contractor shall prepare and provide a separate manifest for the spill residue removals.
b. The Contractor shall report all such spills or releases, regardless of their quantity, to the COR (if not already present) and to the KO immediately upon discovery. The Contractor shall adhere to all installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:
(1) Description of material spilled (including identity, quantity, manifest number, etc.)
(2) Whether quantity spilled is EPA or state reportable, and if so, whether it was reported
(3) Approximate time and location of spill, including a description of the area involved
(4) Containment and cleanup procedures initiated or to be initiated
(5) Summary of any communications Contractor has had with anyone other than the CO.
(6) Disposition of the cleanup residue
c. In the event that the Contractor causes a release of any hazardous material, including gases, and the release is not considered "incidental" as defined below, the Contractor shall immediately call the installation Police/Fire Dispatch, and notify the COR or other Government representative to provide available information on the spill. Under no circumstances will the Contractor contact Federal or state regulatory agencies to report the spill. If the release is considered “incidental”, the Contractor will still notify the COR or other Government Representative. An incidental release is a release of a hazardous material that:
(1) Does not pose a significant safety or health hazard to employees in the immediate vicinity of the release (i.e. minor safety or health hazards are presente...
Spill Responsibility. § 10.4.1 The Contractor is responsible for any and all releases of hazardous substances or materials or environmental pollutants during performance of the Contract which occur as a result of, or are contributed by, actions of its agents, employees, or Subcontractors. The Contractor agrees to promptly remediate such releases to satisfaction of the Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the Owner.
§ 10.4.2 Contractor shall obtain the Owner’s written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as the same or reasonably similar terms are used in any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the Owner, the Contractor, at all times, shall:
.1 properly handle, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; .2 be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials that the Contractor has brought onto the Work site; and .3 promptly clean up, without cost to the Owner, such spills, releases, discharges, or leaks to the Owner’s satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances.
§ 10.4.3 The Contractor shall be liable for any and all costs, expenses, damages, claims, and causes of action, or any of them, related to or arising out of a spill, release, discharge, or leak of (or from) any environmental pollutant or hazardous substance or material, to the extent such spill, release, discharge, or leak was caused or contributed to by the Contractor’s (i) fault or (ii) failure to perform in accordance with the Contract Documents. Nothing in this Section
§ 10.4.4 The Contractor shall report all reportable quantity releases described in this Section 10.4 to applicable federal, state, and local regulatory and emergency response agencies. Upon discovery, regardless of quantity, the Contractor must telephonically report all releases to the Owner. A written follow-up report shall be submitted to the Owner within forty-eight (48) hours of the telephonic report. Such written report shall contain, at a minimum:
.1 Description ...
Spill Responsibility. The Design-Builder is responsible for any and all releases of environmental pollution during performance of the Contract which occur as a result of, or are contributed by, actions of its agents, employees, suppliers, or Contractors. The Design-Builder agrees to promptly remediate such releases to satisfaction of the Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the Owner.
Spill Responsibility. A. Contractor will be held responsible for any and all releases of environmental pollution during performance of the contract which occur as a result of, or are contributed by, actions of its agent, personnel, or sub-contractors. Contractor agrees to promptly dispose of such spills or leaks to satisfaction of the County and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the County.
B. Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR, Part 302, Table 302.4 for hazardous substances and in OAR 340-108 for petroleum products. Upon discovery, regardless of quantity, contractor must telephonically report all releases to the County. A written follow-up report shall be submitted to County within 48 hours of the telephonic report. The written report shall contain, at a minimum: • Description of items released (identity, quantity, manifest no., and all other documentation required by law.) • Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. • Exact time and location of release, including a description of the area involved. • Containment procedures initiated. • Summary of communications about the release contractor has had with members of the press or State officials. • Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. • Personnel injuries, if any, resulting from, or aggravated by, the release.
