FUGITIVE DUST EMISSION CONTROL. The A-E shall comply with the requirements of the OC Waste & Recycling Fugitive Dust Emission Control Plan in conformance with the SCAQMD Rule 403. The A-E shall also notify OC Waste & Recycling any condition that could lead to noncompliance with the permit requirements. The A-E shall submit a Dust Control Plan to be received and approved by the County. If the A-E fails or refuses to correct the noncompliance immediately, OC Waste & Recycling may terminate the A-E’s right to proceed with the work, by written notice to the A-E. In such event, OC Waste & Recycling may take over the work and prosecute the same to completion, by contract or otherwise at the A-E’s expense, and may take possession of and utilize in completing the work such materials, appliances, and plants as may be on the site of the work and necessary therefore. Whether or not the A-E’s right to proceed with the work is terminated, the A-E and the A-E’s Sureties shall be liable for any damage to the County resulting from the A-E’s refusal or failure to complete the work within the specified time. The A-E shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of the A-E’s failure to comply with those provisions of the OC Waste & Recycling Fugitive Dust Emission Control Plan within the A-E’s control. The A-E shall be responsible for ensuring that all sub A-E(s) comply with the provisions of this section. The A-E shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the A-E’s area of responsibility. OC Waste & Recycling’s Fugitive Dust Emission Control Plan (SCAQMD Rule 403-Fugitive Dust-April 1993) is available for review by the A-E in the offices of the OC Waste & Recycling Project Manager.
FUGITIVE DUST EMISSION CONTROL. The Contractor shall comply with the requirements of the County Fugitive Dust Emission Control Plan in conformance with the SCAQMD Rule 403. The Contractor shall also notify County of any condition that could lead to noncompliance with the permit requirements. The Contractor shall submit a Dust Control Plan to be received and approved by the County. If the Contractor fails or refuses to correct the noncompliance immediately, County may terminate the Contractor’s right to proceed with the work, by written notice to the Contractor. In such event, County may take over the work and prosecute the same to completion, by Contract or otherwise at the Contractor’s expense, and may take possession of and utilize in completing the work such materials, appliances, and plants as may be on the site of the work and necessary therefore. Whether or not the Contractor’s right to proceed with the work is terminated, the Contractor and the Contractor’s Sureties shall be liable for any damage to the County resulting from the Contractor’s refusal or failure to complete the work within the specified time. The Contractor shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of the Contractor’s failure to comply with those provisions of the County Fugitive Dust Emission Control Plan within the Contractor’s control. The Contractor shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this section. The Contractor shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the Contractor’s area of responsibility. The County’s Fugitive Dust Emission Control Plan (SCAQMD Rule 403-Fugitive Dust-April 1993) is available for Contractor’s review in the offices of the Contract Administrator.
FUGITIVE DUST EMISSION CONTROL. Contractor shall comply with SCAQMD Rule 403 including, if applicable to prepare and submit to County and for acceptance by SCAQMD a Fugitive Dust Emission Control Plan, as required for Project work. Contractor shall also notify OWNER of any condition that could lead to noncompliance with the Rule 403 requirements. If a Fugitive Dust Emissions Control Plan is required pursuant to Rule 403, Contractor may not conduct any activities governed by SCAQMD Rule 403 until OWNER has accepted Contractor's Plan and the Plan is accepted by SCAQMD. If Contractor fails or refuses to immediately correct any noncompliance with the provisions of this Section, OWNER may terminate Contractor's right to proceed with the work and OWNER may exercise its rights under the "TERMINATION FOR CAUSE" Section of these General Conditions. Whether or not Contractor's right to proceed with the work is terminated, Contractor and the Contractor's sureties shall be liable for any damage to the OWNER resulting from Contractor's refusal or failure to complete the work within the specified time. Contractor shall not be entitled to any time extensions or compensation for any cost due to any such action as a result of Contractor's failure to comply with the provisions of the accepted Fugitive Dust Emission Control Plan. Contractor shall be responsible for ensuring that all Subcontractor(s) comply with the provisions of this Section. Contractor shall be liable for any action or fine imposed by the SCAQMD on those incidents of noncompliance that are within the Contractor's area of responsibility.
