Use with the Following Contract Items That Apply

1/2008

Page 1 of 7

Environmental testing of the material should have been completed and areas containing NOA been defined, or the excavation areas are within ultramafic rocks or serpentine.

Use with the following contract items that apply:

XXXXXX Roadway Excavation (Naturally Occurring Asbestos)

XXXXXX Structure Excavation (Naturally Occurring Asbestos)

XXXXXX Asbestos Compliance Plan

XXXXXX Dust Control Plan

1*. Add tested levels of NOA. Delete the second sentence if testing has not been done.

101.15MATERIAL CONTAINING NATURALLY OCCURRING ASBESTOS AND RESTRICTED MATERIAL

Restricted material is present within the project limits. Restricted NOA material is defined as containing greater than or equal to 0.25 percent and less than one percent NOA.

Material containing NOA, and material from areas where ultramafic rock or serpentine is found, is considered "restricted material" by the State of California. The restricted material present within the project limits is not a hazardous waste, does not require disposal at a permitted landfill or solid waste disposal facility, and is suitable for use as fill within the project limits and on other sites outside the highway right of way; as long as it is not disposed of in a surfacing application as defined in CCR, Title 17, Section 93106 "Asbestos ATCM for Surfacing Applications."

Earthwork in areas containing restricted material shall conform to the provisions in Section19, "Earthwork," of the Standard Specifications and these special provisions.

4 Fill in location of restricted material.

Restricted material exists ______.

The Contractor may temporarily stockpile surplus material containing restricted material. When not actively working with the stockpile material, the Contractor shall limit stockpile locations to areas that contain restricted material within the project limits. The Contractor shall cover temporary stockpiles with polyethylene sheeting of 0.040 mm minimum thickness or stabilize stockpiles by other methods permitted by the Asbestos Airborne Toxic Control Measure for Construction (ATCM) California Code of Regulations (CCR) Section 93105(d)(1)(3). Temporarily stockpiled surplus material containing restricted material will not be considered selected material as specified in Section192.07, "Selected Material," of the Standard Specifications.

The Contractor shall not leave restricted material surface areas exposed unless these areas are stabilized by being kept wetted or by being treated with a chemical dust palliative. Disturbed material containing restricted material permanently placed during construction activities shall be covered with a 75mm minimum layer of non-restricted material that has been approved by the Engineer, and in accordance with the ATCM CCR Section 93105(e)(4)(G) or the local Air Pollution Control District (APCD) requirements. The locations where material containing restricted material is placed shall be surveyed and the information submitted to the Engineer.

ASBESTOS COMPLIANCE PLAN

The Contractor shall prepare and implement a project specific asbestos compliance plan (ACP) to prevent or minimize worker exposure to asbestos. The ACP shall be in conformance with CCR, Title 8, Section 1529, (Asbestos) and Section 5192, (Hazardous Waste Operations and Emergency Response); and the Occupational Safety and Health Guidance Manual published by the National Institute of Occupational Safety and Health (NIOSH), Occupational Safety and Health Administration (OSHA), including addenda issued up to and including the date of advertisement of the project.

The Contractor shall include in the ACP:

A. Identification of personnel designated to be on site,

B. A job hazard analysis for work assignments,

C. A summary of potential risks,

D. A worker exposure air monitoring plan,

E. A description of personal protective equipment,

F. Delineation of work zones on the job site,

G. Decontamination procedures,

H. General safe work practices,

I. Site security measures,

J. Emergency response plans, and

K. A description of worker training.

9*. For most projects, insert 15 days for the Contractor to submit the ACP. For less complex projects, fast-track projects, or projects with short construction periods, the time needed for submittal may be reduced to 7 days.

The ACP shall be signed by a Certified Industrial Hygienist (CIH) certified in Comprehensive Practice by the American Board of Industrial Hygiene, and submitted to the Engineer for review and acceptance at least __ days prior to beginning work in areas containing restricted material.

Before performing work in areas with restricted material, personnel who have not had the training in the past year shall complete a safety training program provided by the Contractor that meets the requirements of the ACP. The safety training program shall meet the requirements of CCR, Title 8, Section 1529, (Asbestos), and Section 5192 (b)(4)(B), (Hazardous Waste Operations and Emergency Response). The Contractor shall provide to the Engineer a written certification of completion of safety training for each trainee before performing work in areas containing restricted material.

11*. Edit to include number of Department employees. Contact District Construction for appropriate number.

The Contractor shall provide training, personal protective equipment, training, and washing facilities for ___ Department personnel.

12. Delete first sentence if the local APCD does not require an approved Dust Control Plan. This may depend on the policy of the APCD or in situations where the project is emergency work or is in a remote location.

DUST CONTROL PLAN

A dust control plan (DCP) shall be submitted to the Engineer before beginning work in areas containing restricted material. The Contractor shall prevent visible dust emission during excavation, stockpiling, transportation, or placement of material containing restricted material in accordance with the provisions in Section10, "Dust Control," of the Standard Specifications, these special provisions, and with the requirements in the Asbestos ATCM CCR Section 93105(d).

The Contractor shall provide notification on the appropriate form(s) to the APCD and pay all applicable fees a minimum of 14 days prior to beginning work in areas containing restricted material.

The Contractor shall control dust in areas with material containing restricted material using measures that include the following:

A. Unpaved areas subject to vehicular traffic shall be stabilized by being kept adequately wetted, treated with a chemical dust palliative, or covered with non- restricted material;

B. The speed of vehicles and equipment traveling across unpaved areas shall be no more than 15 mph unless the road surface and surrounding area is sufficiently stabilized to prevent vehicles and equipment going faster from causing dust that is visible crossing project limits;

C. Stockpiles and disturbed areas not subject to vehicular traffic shall be stabilized by being kept adequately wetted, treated with a chemical dust palliative, or covered with non- restricted material; and

D. Activities shall be conducted so that no dirt or mud tracking is visible on any paved roadway open to the public.

MATERIAL TRANSPORTATION AND DISPOSAL

The Contractor shall dispose of surplus restricted material in accordance with Section71.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications, these special provisions, and the requirements of CCR Title 17, Section 93106 "Asbestos ATCM for Surfacing Applications". The Contractor shall not dispose of excess restricted material in a surfacing application as defined in CCR, Title 17, Section 93106 "Asbestos ATCM for Surfacing Applications."

The Contractor shall provide the recipient of restricted material the following notice:

"WARNING"

"This material may contain asbestos."

"It is unlawful to use this material for surfacing or any application in which it would remain exposed and subject to possible disturbances. Extreme care should be taken when handling this material to minimize the generation of dust."

If the Contractor chooses to dispose of the restricted material at a commercial landfill, the Contractor shall transport it at the Contractor’s cost to a landfill appropriately permitted to receive the material. The Contractor shall be responsible for identifying the appropriately permitted landfill to receive the material and for all associated disposal costs including any additional sampling and analysis required by the receiving landfill.

Surplus material containing restricted material excavated from outside the limits of payment for contract items shall become the property of the Contractor and shall be disposed of in accordance with these special provisions.

MEASUREMENT AND PAYMENT

Full compensation for surveying locations where material containing restricted material is placed as directed by the Engineer and reporting survey data to the Engineer shall be considered as included in the contract price paid per cubic meter for roadway excavation and no separate payment will be made therefor.

The contract lump sum price paid for the asbestos compliance plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing and implementing the ACP , including employing the CIH and providing safety training to Department staff, as specified in these special provisions, and as directed by the Engineer.

The contract lump sum price paid for the dust control plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing and implementing the DCP, including providing notification and payment of fees to the North Coast Unified Air Quality Management District, as specified in these special provisions, and as directed by the Engineer.

Full compensation for conforming to the requirements of this section, except for the asbestos compliance plan and dust control plan, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.