Common use of Spill Responsibility Clause in Contracts

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 presented to employees in the immediate work areas); (2) Does not pose a significant safety or health hazard to the employee conducting the cleanup; (3) Does not have the potential to become an emergency within a short timeframe; and (4) Limited in quantity, exposure potential, and toxicity. d. If Government assistance (e.g., labor, material, equipment, clothing, sample analysis, etc.) is requested or required, the Contractor will reimburse the Government at market rate for such assistance. The Government must initiate its own spill cleanup procedures for Contractor-responsible spills, when: (1) The Contractor has not begun spill cleanup within one (1) hour of spill discovery/ occurrence; or (2) if, in the Government's judgment, the Contractor's spill cleanup is not adequately abating life threatening situation and/or is a threat to any body of water or environmentally sensitive areas. e. Post-cleanup confirmation sampling and analysis may be required by the KO within ten (10) calendar days of the collection date.

Spill Responsibility. a. The Contractor and/or Subcontractor shall have a serviceable, compatible, Service Provider is responsible for any and operable spill kit on hand during movements of items to capture and contain any potential all spills or releases. The Contractor is solely responsible for the proper cleanup and disposal of leaks, consisting of, but not limited to, petroleum or any spills or releases occurring other hazardous materials during the performance of a contract under terms of this contract Agreement when the spills or leaks occur as a result of, or are contributed to by the actions of actions attributed to the Service Provider, its agents, employeesemployees or subcontractors. The Service Provider agrees to reasonably evacuate and warn those persons that may be affected by the spills or leaks, and the Service Provider shall cleanup such spills or Subcontractors. This includes spills caused by Contractor-provided defective totes. Cleanup scope will be leaks to the satisfaction of the Governmentinsured and PLIA and in such a manner that complies with applicable federal, state and at no additional cost to the Government. Residues from such cleanups shall be removed off-site within 24 hours of the cleanup completionlocal laws and regulations. The Contractor shall prepare and provide a separate manifest for the spill residue removals. b. The Contractor shall report all cleanup of such spills or releasesleaks shall be at no cost to PLIA or the insured. a. The Service Provider shall report immediately by telephone or in person all spills or leaks, regardless of their quantity, to the COR (if not already present) insured and to the KO immediately upon discovery. The Contractor shall adhere to all installation spill reporting and clean-up requirementsPLIA. A written follow-follow- up report shall be submitted to the KO insured and PLIA not later than 24 hours five (5) days after the initial telephonic report. The written report shall be in narrative form and as a minimum include contain, at the followingminimum, the following information: (1) i. Description of material waste spilled (including identity, quantity, manifest numberlocation, etc.and time spill or leak occurred); (2) ii. Whether quantity the amount spilled or leaked is EPA required to be reported to the Department of Ecology or state reportablethe Environmental Protection Agency, and if so, so whether it was reportedreported and to whom; (3) Approximate time and location of spill, including a description of the area involvediii. Containment procedures initiated; (4) Containment and cleanup procedures initiated or to be initiated (5) iv. Summary of any communications Contractor the Service Provider has had with anyone other than the CO.press or government officials; (6) Disposition v. Description of cleanup procedures employed at the cleanup residue c. In the event that the Contractor causes a release of any hazardous materialsite, including gaseslocation of contaminated soil, water and other materials, area sampling, 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 disposal 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 presented to employees in the immediate work areas); (2) Does not pose a significant safety or health hazard to the employee conducting the cleanup; (3) Does not have the potential to become an emergency within a short timeframecontaminated media; and (4) Limited in quantity, exposure potential, and toxicity. d. If Government assistance (e.g., labor, material, equipment, clothing, sample analysis, etc.) is requested or required, the Contractor will reimburse the Government at market rate for such assistancevi. The Government must initiate its own spill cleanup procedures for Contractor-responsible spills, when: (1) The Contractor has not begun spill cleanup within one (1) hour of spill discovery/ occurrence; or (2) if, in the Government's judgment, the Contractor's spill cleanup is not adequately abating life threatening situation and/or is a threat to any body of water or environmentally sensitive areas. e. Post-cleanup confirmation sampling and analysis may be required A certification by the KO within ten (10) calendar days Service Provider that the spill or leak area has been cleaned to the extent required to meet the substantive requirements of the collection dateModel Toxics Control Act.