mfety in the chemkol loborotory
edited by MALCOLM M. RENFREW University of ldaho MOSCOW, ldaho 83843
Contracts to Dispose of Laboratory Waste Kenneth E. Fischer U.S. Environmental Protection Agency. National Enforcement Investigations Center. Building 53, Box 25227, Denver, CO 80225
(NOTE: The oninions exnressed i; this a tide are those of theauthor and do not constitute EI'A approval 01 the idens or Innguage.) The proper shipment and disposal of hazardous waste from laboratories has become an item of incressine concern in recent vears. The Resource Recovery and Conservat~on Act (RCRAI authmued the promulgat~onof SubtnleC regulations r40CFR 2filIff1w h ~ h established a hazardous waste management system requiring those involved in handling hazardous waste to follow certain disposal nractices. Reeulations to be uromulaated recent sienine bersuant to .. .. of the RCRA reauthorization amendments will place further requirements upon lohoratorirs. In thr late 197U's and until the refrrenced regulations were promulgated beginning in 1980, good practices that synthesize lahoratory handling procedures with the new regulations became difficult to find. Now, however, written information is hecoming available on handling laboratory hazardous waste14, hut personnel are still encountering problems with disposal because of its new complexity. As a result, many laboratories have realized that proper waste disposal is beyond their expertise and have contracted t o have waste oackaeed and disnosed of for them. Small academic institut~onsmay find it advantageous tu make arrangements with
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Kenneth Fkher has health and safety responsibiiites at the USEPA's National Enforcement investigations Center in Denver. Colorado, and is chairman of a national group assisting EPA laboratories wim waste disposal. Fischer has provided assistance to federal and state organizations seeking to improve hazardous waste disposal practices. is on the American Industrial Hvaiene .Association's and American Conferenceat Governmental Industrial Hygienists' hazardous waste comminees, and has pub lished on the design of containment lab* ratories for handling hazarous waste analyses. Before coming to EPA in 1976. he worked with the Western Electric Corpora tian In lndusbiil hygiene and englwing for chemical remanufacturingand assembly line processes.
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a conveniently close university which is contracting for the disposal of its laboratory wastes. Contracting for hazardous waste disposal services is different from engaging uther service because hazardous waste packaging, shipping, and disposal is a new and growing field that is set in a confusing aggregate of federal and state regulations and fraught with potential for expensive litigation and adverse publicity, sometimes years after the waste has been hauled away, and in spite of a lahoratory's best efforts todispose ofthematerials properly. Under Section 107 of the Comprehensive Environmental Response Campensation and Liability Act (CERCLA) of 1980, generators are responsible parties when others are "judgment proof?' Generators have been joined to clean up hazardous waste sites a t their own expense or reimburse the government for cleanup. The rationale is that generators have contributed to the problem and, if no other party can be held respansible, it is the generator who should he held liable rather than placing that burden upon totally uninvolved third parties or upon the government. To provide assistance for contracting hazardous waste packaging, shipping, and disposal services, the following language has been developed. The provisions may seem to he common sense, as indeed they should be, hut the intent here is to presentcomprehensive contract requirements so that a pur-
chasing department does not have to start from scratch. Some provisions may not he applicable to a particular laboratory operation, and other requirements may have to be added. This article is meant to address situations where hazardous waste must be disposed of outside the laboratory and where alternate disposal methods are not feasihle, such as recovering mercury or silver waste or dumping small quantities of certain waste down the drain.5 The contract language is for a fixed price and not a negotiable contract. This means that a bidder's reponse will be only a price, not a lengthy proposal for a competitive evaluation of his services. If a negotiable contract is desired, then items below under the scope of work on safety, disposal sites, packaging, and transportation should be made evaluation criteria or elements upon which to score a proposal for the contract award. A fixed-price contract is presented here because this is relatively simple for a laboratory which does not have the resources for the extended proposal evaluation required with a negotiable contract. More effort is required in the operational stage of a waste disposal contract to ensure proper disposal, and in a case where limited resources are available, they are better conserved for the disposal process itself after an award is made that is based upon good contract language. There are several salient uoints that are imoortant in the contract lakuaee helaw to ensure that hazardous waste disposal proceeds properly and without pitfalls. These points are noted in the draft language. Much thought and personal experience gained in handling waste has gone into preparing the
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l "Prudent Practices tor Disoosal of Chemicals from aborator$er, hallanal Research Counci. hlatoona Academy Press. Washmglan. DC. 1983. The ASTM Commlnee 034 on Waste Dwosal s also draning recommendations an the disposal of laboratory chemicals and samples. Allen. Ralph 0.. "Waste Disposal in the Laboratay: Teaching Responsibilityand Safety," J. G E M . Ewc.. 60. A81 (1983). Eisenhower, 6. M.. Oakes, T. W., and Braunstein. H. M.. "Hazardous Materials Management and Control Program at Oak Ridge National Laboratory-Environment Protection." Amer. lndusr Hygienenssoc J.. 45,212 (1984). 'The American Chemical Society's mice of Fedeml Regulatay Programs tm excellent l M a m available, tor example,a pamphln entitled "RCRA and Laboratories."
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preamole sxplalnmg Section 261.3(a112~ Code of Federa Regulattons as printed in the November 17.1984. FederalRegister, p. 56587. While seemingto ease many lab* ratay waste disposal problems, %is federalpravision must be modified by local wastewater Weatmant plant rules, which frequently restrict waste with heavy metals w organic content, and also by safety considerations Mich prevent materials such as flammable solvents from being dumped down the drain. (Continued on page A120) The
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regulations and shall ensure that its agents, employees, and subcontractors perform the work in a safe manner. The Contractor shall -~~~~~~ envure that all personnel involved in handling and packaging hazardous w a t r be mined for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general f i t aid orocedures, and S~ills.Handline and ~
contract language, and the author hopes that others will find it useful. The following statement of work may also be used toevaluate laboratory waste d i s p d contram already in place and to suggest areas of improvement or places where prohlems could arise.
Draft Statement of Work to be Included in an Invitation for Bids for a Laboratory Waste Disposal Contract Introduction The Laboratory needs a Contractor to dispose of nonradioactive chemical waste currently located a t [. . .I. The Contractor may be a waste handler who deals with an independent disposal site or the agent of a site itself. Disposal includes preparation and packaging on location; shipping and disposal in compliance with all existing laws and regulations of the United States indudin.. hut not limited to, EPA Hazardous wasteUkegulations in 40 CFR 260 et seq.; EPA storage and disposal regulations in 40 CFR 761 et seq.; DOT Hazardous Materials Transportation Regulations in 49 CFR 100et seq.; and laws and regulations of any state, country, township, or municipal subdivision thereof or other governmental agency which may he applicable to the removal and disposal of the waste. The Contractor shall obtain all permits, licenses, and other forms of documentation required in order to comply with the above laws and regulations and apply for same within 30 days after contract award hut before waste oackaeine beeins. The Contractor shall be on call rorkasie pickup on an "as required" basis upon notification by the project officer under "pickup" below.
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provided by the Cuntracuflr and be appropriate to ensure safe handling of the hazardous waste. h. The Contractor shall have a medial surveillance program far personnel involved in the direct handling andlor exposure to the chemical waste or to their primary containers to detect and correct job-related injuries or conditions. Medical surveillance DrOeramS twicallv- involve a medical historv. .. annual general physical to assess an individual'scapahility to work using respiratury-protective equipment, blood and urine tests to assess the status of an individual's kidneys and liver and nervous system, and other laboratory tests for contaminants to which the person may be e x M (e.g., heavy metals, organophosphate pesticides, etc.).
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a. The approximate current quantities of waste on hand are [. .I. h. The approximate monthly (or other time period) quantities of waste are [. ..I. c. The waste wiU include. hut not he limited to, the following chemieal types and descriptions [. .I.
3. Packaging a. The Contractor shall provide necessary personnel and all required mawrials M package, mark, lahel, and load the waste for transport. When repackaging is necessary, the Contractor shall be reponsible for disposal of the original containers. b. Extra packaging integrity shall he chosen wherever possible. For example, the Contractor will use a steel container instead of a fiberboard container where DOT regulations permit either, and either is feasible. Each item of hazardous material will be at least double-containerized. For example, waste sulfuric acid will not he shipped in a "poly earboy"alone; the earboy will be placed inside a steel drum, and the containers sball be separated by nonreactive, incombustible packaging material (e.g., vermiculite). [While extra packaging integrity costs more, it is well worth auoiding leaks or breakaee. Also. since loboratorv wastes tend 10 he srnollrr yuonritie\, double-c~mruinrriralion is irequrntl) more ronvenienr and cost effective in transport. The laboratory may require the Contraefor to submtt a lial I,/ packogings b) uasre type lor apprmml by the Prujecl Oflirer. Thia will eliminole rhe uoauenrw in alaltne that "etctra packaging integrity shall be chosen wherever possible" aboue.] c. Incompatible waste shall not be packaged in the same outermost container. A good guide for compatibility is EPA publication 60012-80-016 "A Method for Determining the Compatibility of Hazardous Wastes," available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161.
2. Safety a. The Contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, Contractor personnel and equipment shall com-
4. Testing a. If laboratory analyses are unavailable or not feasible to obtain, the Contractor shall
Objective The objective of this contract is to dispose of hazardous waste in an environmentally sound, timely manner in accordance with all federal, state, and local requirements. Contract Period and Options This contract covers a period of [. . .] from date of award. Scope of Work
1 . Quantity and Description
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necessary for packaging and transport according to DOT hazard classes andlor EPA and disposal site requirements.
5 . Pickup a. The Project Officer shall a l l the Contractor far pickup. The Contracto~.shallbegin packaging the waste within [. .] working days of the call. h. It is permissible for the Contractor to package the waste as described above under "Packaging" and leave it at the pickup location for a short time before removal, generally less than three (3) weeks, in order to obtain disposal site approval for transport to the site, taking care not to violate EPA 90-day storage regulations if the laboratory is not authorized as a storage facility. [Older contracts required that the Contractor remoue the waste immediately. Howeuer, experience showed that Controetors could not transport it too site until receiving site approool, which is sometimes ureeks after initial packaging. Waste with the laboratory name as generator was, consequently,foundstored at places other than the laboratory or disposal site, sometimes improperly. i t is better for the waste to remain at the laboratorv. orooerlv oackaeed. /or o ~ h o r lrtme longer and rhen have tl tromporred dtrecrly ro lhesdle lhan lo have 11 /urn up uf bonze inlermedmle locolaon I
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6. Transportation a. Carriers shall have required EPA and state (where applicable) registry for hazardous waste transwrt and thev shall also have verifiable remrds of good shipping practicer. which may be checked through local DOT authorities. laboratory shipping personnel, etc. b. The Project Officer shall approve the Contractnr choice of earriers before transport of waste is hegun. c. Carriers shall be chosen, where paasible, who do a minimum of interlining or intermediate stopping before reaching the disnosal site. "Nose loadine" on less than full ;ruckload (LTL) shipme& shall k required of carrier* who stop hefore final dertinatim in order to minimize shipping container damage from the waste being off-loaded en route.
7. Disposal a. The preferred method of eliminating waste is recycling, reprocessing, or recovery. Given the impracticality of doing this for most laboratory waste, however, it shall he destroyed where possible, even if a higher disposal charge is incurred, and not landfilled. [In addition to destruction being enuironmentally more acceptable, it will tend to minimize future administrative or judicial action. ~itigationwhere a generator has been citedas a responsible party has some-
trmes been based upon the quantities of waste found a t a site.] b. Mere acceptance of the hazardous waste a t a properly permitted treatment or d i s d facility does not meet the definition of disposal under this contract. It is the prime Contractor's responsibility to obtain all necessary documentation, including the completed uniform manifest, to verify that both the delivery and the disposal of all items have been accomplished. A uniform manifest signed by the disposal site will show that the waste has been received, but only a letter from the site operator or other certification will show actual disposal. c. Invoices will not be paid unless a properly executed manifest has been received, but the Contractor must submit the manifest to the Project Officer immediately upon receipt from the d i s p d site and not wait to submit it with the invoice. The letter from the site verifying disposal will generally lag the uniform manifest. Final contract payment will not be made until such proof is received, and at least a portion of the invoice payment will be withheld until this time. [Actual disposal of the waste should be verified a t the time of the actual site uisit suggested under item I 0 below, Inspections.]
6. Disposal Sites
a. The Contractor shall use no more than two (2) disposal sites, which he shall identify in the bid, andaerew that sitem) other than these will not he ;sed without ob&nimg written approval of the Project Officer. The Contractor shall provide adequate information for the laboratory to judge whether the site(s) are not only approved by federal, state, and I d governments, but also that they are operated with such integrity that there are no pending administrative or judicial actions, nor to the extent that can be reasonahlv determined are the site(s) likely to have &me in the future. (Two bites ore specrhed to allow some Ieeuay for the Contractor while limiting the inurrtigarion necessar) for the labomlor) to verify their suitability. Prior to contract award, or approval of alternate d e b ) , laboratory personnel should uisit them. The loboratory can check the sites bv the same criteria used to review ('untroct~k lound m l h e f ~ rparatraph ~t 01 "Award Factors" below, ond Consultants are ovarloble to do th$s/ur the loborator) rfexpertise is not otherwise auailable.]
9. Spill Reporting Requirements
a. The Contractor shall report to the Project Officer all spills and personnel expasures during waste preparation, packaging, or shipping. The Contractor shall be responsible for same and bear the cost of cleanup. Such incidents shallfmt he reported bv tele~boneimmedistelv followine discove& a& followed in G i n g no later than seven (7) days after the initial telephone report. b. When reporting a spill, the following minimum information shall he furnished:
Item spilled (identification, quantity, and manifest numberr); whether amuunt spilled is EPAlsrate reportable; if reported. a copy of the report, personnel injury involved; exact location of spill; containment procedures initiated; anticipated cleanup and disnosal . orocedures: . . disoosal . location of spill residue; msistance required and s narrative summarizing all communication with local, state, and federal officials;and media contacts with their names and telephone numbers or addresses. 10. Inspections
a. The Contractor and suhcontractor(s) are subject to announced or unannounced inspections of their operations and records by the laboratow to verifv contract eomolianee. .~ This doesnot relieve the primeContractor of hi* respun~ibilityto ensure pruper cuntract compliance by his own inspectionsor by other means. [The laboratory is well aduised to make such inspectiom periodically to be satisfied that the waste is being managed properly, and that the Contractor is operating so as not to invite State or Federal action. Once amin. consultants are available to do this for the Inboraloo rferperluers notawrlable'on the laborator) st off.^ b. The Contractor will send complete copies of any federal, state, or local government inspections it has received to the Project Officer within two weeks of receipt. [This is another point garnered from experience. Such inspection reports may gioe valuable information on the integrity ofsite operations or liability through improper waste disposal.] ~
Contract Type This is a fum, fixed-price contract with economic price adjustment and indefmite quantity and indefinite delivery provisions. [Additional business requirements necessary toprepare a business evaluation may have to be added here by the Contracting Officer.] Award Factors 1. T o be considered responsible, an offeror must be an established and recognized provider of the same or similar services with adequate financial resources, capacity and personnel to perform the work and must have a satisfacto~yrecord of performance, in:luding ahaence of administrative or judicial actions regarding the Contractor's or its lubeontractor's past hazardous waste activities. The capacity to perform will be based m information furnished by the offeror and m any information available to the laboratory on the offeror's past performance from Regional EPA and State Offices, commercial ~nformationbases or other sources. 2. The award will be based on the lowest bid satisfying the minimum acceptable requiremenwof the invitation for bid. 3. The Contractor shall furnish evidence sufficient toshow either that it isan agent or subsidiary of a firm owning a waste disposal sit&) or that it is an independent company.
4. The Contractor must demonstrate adequate financial resources to m u r e that it ran undertake correction of any environmental damage resulting from action involving the waste. [The Contracting Officer may insert any addit~onalstandard or nonstandard language topreuent accidental release costs or liability from pawing bock to the laboratory. Note, howeoer, that a laboratorygenerating hazardous waste can be liable for a t least some damages resulting from the hazardous properties of that waste, regardless ofcontract language.] 5. The offeror must furnish the following evidence for the Contracting Officer to determine that the offeror is a responsible prospective Contractor. a. Balance sheet and profit and loss statements for the latest fiscal neriod. ceritified by an independent acco;ntant or an officer of the company. If the balance sheet is more than 90 days old, includeaquarterly report. b. All successful or unsueeesqful records of past senices of similar type, size, or complexity performed on laboratory or commercial contracts during a t least the past two (2) years. Information furnished must include the-contract activity and address, the Contractine and Proiect Officer's names and telephone numbers, the contract, the award price, the final price and period of performance. (Other laboratory prrcinl: requrrements ma) be odded,such as a pnrrng breakdown showing the number and labor classification of personnel and the hourly rates and fringe benefits, the number and types of uehieles proposed, uehicles purchased or depreciation costs: onemtine and maintenance costs.
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S a v e Harmless and lndemnlty Agreement The Contractor shall save harmless and shall indemnify the laboratory with respect to any and all liability, claims, costs of whatsoever kind and nature for injury to or death of anv oerson or oersons. and for lass or damage k h y pn,pLrty of the laboratory or of others occurring in connection with or in any way incident w or arising out of the occupancy, use, service operations, or performance of work in connection with this cantract, resulting in whole or in part from the negligent or nonnegligent acts or omissions of the Contractor.. anv.subcontractor. or any employee, agent or representative ofthe Contractor or of any subcontractor.
Requlred Insurance 1. During the entire period of performance under this contract, the Contractor shall procure and maintain not less than the following minimum insurance: a. Workmen's Compensation and Occupational Disease-in amounts to satisfy applicable state law;
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or any material change in the policies adversely affecting the interests of the lahoratory shall not he effective for a period prescribed bv the laws of the state in which the contrart is performed, and in n o went lets than thirty (30) days after written notice t o the Contracting Officer. 2. The Contractor agrees to insert the substance of this clause, including this paragraph 2, in all subcontracts hereunder. ~~
h. Employer's Liability-minimum amount of $100,000 per occurrence; c. Comprehensive General Liabilityminimum limits of $1,000,000 per occurrence for hodilv iniurv or death. but a limit of $2,000,006 toial;and ~l.OI)O,ll(klper orew. rence for damage to property of third persons; d. Comprehensive Automobile Liahility-minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage; higher minimum limits if required by applicable state law; [These insurance leu& ore taken from Federal Superfund Cleanup Standards (318184 FR p. 8877 ff). Other levels may be appropriate.61 e. Prior to the commencement of work, the Contractor shall furnish to the Contractine Officer a eertifirate or written statement of all required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation
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'Rohbins. John C., "Minimizing LbbiMy Exposue
When Contracting Hauvdous Waste Swvices." Roceedings of 4th Annual Conference on Uncontrol!sd B d a r h Waste S i . bka&us Materials
Comrol Research Instlute, Silver Spring, MD,
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Glossary Contracting Officer: The individual responsible for asswing that contracting is done as required by law, regulation, and by the lahoratorv. This oerson is the onlv one authorized u, ecmmit the lahorat*,ry in any contracting matter. The Contracting Officer fur this contract is I.. .I, and hisaddressand phone number are [. . .I. Disposal. For the purpose of this contract, disposal means either destruction or the lone-term burial in a facilitv aooroved bv the
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a manner that renders it no longer ;hazardous waste as defined in 40 CFR 260 et seq.
This destruction includes, but is not limited to, chemical treatment, such as neutralization or detoxification, and thermal treatment, such as incineration or pyrolysis. Manifest: Document used for shio~ineand det~n;dby EPA regulations in 40 (;@R 260 el seq. and DCYI' regulations in .I9 CFR 100-199. A "uniform" manifest, a manifest whirh ha* been designed to ease the burden caused hy proliferation of manifesting requirements by combining federal and state information on one form, has been required since September
20,1984. A completed manifest is one signed at the treatment, storage, or disposal site indicating receipt of the stated havlrdous waste. Primary Container: That which contains the hazardous material and comes into direct contact with it. Project Officer: The individual assigned technical responsibility from the inception of requirements through completion and closeout of the contract. The Project Officer for this contract is 1.. .I and his address and phone number are [. .]. Save Harmless: The p u r p m of this clause is to protect the laboratory from liabilities arising from the performance of the contract. The li6hilities are enumerated further in the "save harmless" paragraph in the contract.
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Acknowledgment The author wishes to thank JeweU F. Morris, Health and Safety Offrcer for EPA's Research Triangle Park Lahorawry in North C a n h a , and F. Wayne Crane, Health and Safety Officer for the Agency's Las Vegas laboratory, whose experience and knowledge of hazardous waste disposal has been invaluable in preparing this article.
