g. Contract approval
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g. Contract approval
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<br />D. Federal Comprehensive Environmental Response, Compensation, and <br />Liability Act of 1980 (CERCLA); <br /> <br />E. Federal Hazardous Material T;ansportation Regulations (49 C.F.R. SS 171, <br />172,173 and 177 for hazardous materials transportation regulations); <br /> <br />F. Control, Prevention and Abatement of Pollution of surface wasters (ND.C.C. <br />ch. 61-28); and <br /> <br />G. Solid Waste Management and Land Protection Act and Solid Waste <br />Management Rules (ND.C.C. ch. 23-29 and ND.A.C. Art. 33-20). <br /> <br />28. SPILL RESPONSIBILITIES <br /> <br />A. Contractor is solely responsible for any discharges, spills, or leaks during <br />contract performance that occur as a result of or are contributed to by the <br />actions of its parent company, subsidiaries or any proposed subcontractors, <br />agents, or other persons handling, storing, transporting, treating, or <br />disposing of Waste collected under the contract. Contractor agrees to <br />reasonably evacuate and warn those persons who rnay be affected by the <br />spill. Contractor will clean up the spills or leaks to the satisfaction of <br />Department and in a manner that complies with applicable federal, state, <br />and local laws and regulations. The cleanup will be at no cost to <br />Department. If the spill occurs within North Dakota, Contractor shall <br />immediately contact State's emergency spill response personnel at 1-800- <br />472-2121. <br /> <br />B. If directed by Department, Contractor will take surface water and/or soil <br />samples before, during, or after the collection events using standard <br />sampling procedures to represent adequately the collection area. Quality <br />assurance and quality control will be maintained of any samples taken. The <br />potential nature of spills that may occur and conditions may vary from site to <br />site. Sampling will be conducted if Department identifies potential <br />remediation and Contractor will pay for the cost of sampling. Department <br />will make the determination of the need for sample analyses within 72 hours <br />from time of the spill.. The parameters to be tested will be determined by the <br />nature of the spill. <br /> <br />C. Contractor shall immediately report by telephone all discharges, spills, or <br />leaks, whether within or outside North Dakota, regardless of their quantity, to <br />Department Project Safe Send personnel. A written follow-up report shall be <br />submitted to Department not later than seven days after the initial telephonic <br />report. The written report will be in narrative form and as a minimum include <br />the following: <br /> <br />(1) Description of waste spilled (including identity, quantity, manifest <br />number); <br /> <br />12 <br />
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