Common use of FUGITIVE DUST EMISSION CONTROL Clause in Contracts

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. The Contractor shall comply with the requirements of the County OCWR Fugitive Dust Emission Control Plan in conformance with the SCAQMD Rule 403. The Contractor shall also notify County OCWR 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 OCWR may terminate the Contractor’s right to proceed with the work, by written notice to the Contractor. In such event, County OCWR 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 OCWR Fugitive Dust Emission Control Plan within the Contractor’s control. The Contractor shall be responsible for ensuring that all Subcontractor(ssubcontractor(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 CountyOCWR’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 AdministratorSite PM.