Common use of Facility Removal Clause in Contracts

Facility Removal. a. At any time during the period of this contract, the Government will remove a facility from the QFL if any of the following apply: (1) The facility is currently closed. (2) The facility is a significant non-complier exhibiting RCRA Class 1 violations and has not entered into a compliance schedule or similar action. (3) The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time of issued order or judicial action. (4) The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, RCRA class I and II violations, OSHA violations, state and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations is a lack of "good faith". (5) The facility has groundwater contamination or does not meet groundwater anti-degradation policy. (6) The facility does not have adequate permits or is not capable of handling the proposed waste. (7) The facility received a negative recommendation resulting from a DLA Disposition Services site visit without substantive evidence of corrected deficiencies. (8) The facility transports DOD waste to a facility not on the QFL. (9) The facility's financial assurance is not sufficient to protect the Government's long-term interests. (10) The facility is unable to demonstrate tracking of DOD waste from entry to exit. (11) The facility manages property in a manner that causes the Generator to file exception reports IAW 40 CFR 262.42 or state equivalent. (12) The facility has not received DOD wastes under a DLA Disposition Services hazardous waste disposal contract for a period of twelve (12) consecutive months. (13) The facility operates in a manner that is not IAW this contract. (14) The facility does not have or does not enforce 24-hour security measures. (15) The facility does not allow access for a DLA Disposition Services site visit.

Facility Removal. a. At any time during the period of this contract, the Government will remove a facility from the QFL if any of the following apply: (1) The facility is currently closed. (2) The facility is a significant non-complier exhibiting RCRA Class 1 violations and has not entered into a compliance schedule or similar action. (3) The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time of issued order or judicial action. (4) The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, RCRA class I and II violations, OSHA violations, state and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations is a lack of "good faith". (5) The facility has groundwater contamination or does not meet groundwater anti-anti- degradation policy. (6) The facility does not have adequate permits or is not capable of handling the proposed waste. (7) The facility received a negative recommendation resulting from a DLA Disposition Services site visit without substantive evidence of corrected deficiencies. (8) The facility transports DOD waste to a facility not on the QFL. (9) The facility's financial assurance is not sufficient to protect the Government's long-long- term interests. (10) The facility is unable to demonstrate tracking of DOD waste from entry to exit. (11) The facility manages property in a manner that causes the Generator to file exception reports IAW 40 CFR 262.42 or state equivalent. (12) The facility has not received DOD wastes under a DLA Disposition Services hazardous waste disposal contract for a period of twelve (12) consecutive months. (13) The facility operates in a manner that is not IAW this contract. (14) The facility does not have or does not enforce 24-hour security measures. (15) The facility does not allow access for a DLA Disposition Services site visit.