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Contract 33033
CITY SECRETARY CONTRACT NO. CONTRACT BETWEEN CITY OF FORT WORTH AND ENVIRONMENTAL LIGHT RECYCLERS, INC. PROJECT # DEM05-10: ELW FOR PACKAGING, TRANSPORTATION, AND DISPOSAL OF VARIOUS LAMP, BALLAST, ELECTRONIC WASTE September 2005 r 81T,Y SECRETARY, 4TRACT No STATE OF TEXAS § COUNTIES OF TARRANT, DENTON § AND WISE § CONTRACT FOR PACKING, TRANSPORTATION AND DISPOSAL OF VARIOUS LAMP, BALLAST AND ELECTRONIC WASTE This Contract is entered into by and between the City of Fort Worth, Texas a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," acting herein through Libby Watson, its duly authorized Assistant City Manager, and Environmental Light Recyclers, Inc., hereinafter called "Contractor," by and through Steven Remley, its duly authorized President. In consideration of the mutual promises and benefits of this Contract, the City and Contractor agree as follows: 1. TERM The initial term of this Contract shall be for a period of twelve (12) months, beginning December 1, 2005 and expiring November 20, 2006. In addition to the initial term, this Contract may be renewed for up to two (2) consecutive one (1) year renewal terms. The City may renew this Contract by the City Manager executing a renewal agreement, and City Council appropriating the funds. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor agrees to provide in a good and professional manner all the labor, materials and equipment necessary to provide storage and shipping containers, provide on-site pickup, transportation, recycling and disposal, as applicable, of all varieties of lights, liquid mercury and fluorescent light ballasts from City facilities including but not limited to: fluorescent lamps (4' & 8'), U- shaped fluorescent lamps, halogen lamps, automotive headlights, incandescent bulbs, flood lights, mercury vapor lamps, sodium vapor lamps, xenon bulbs, metal arc metal halide bulbs, crushed bulbs (caused by City's employees only), fluorescent light ballasts with PCBs, leaking fluorescent light ballasts with PCBs, fluorescent light ballasts. without PCBs, and liquid mercury. Though not all ballasts contain PCB's, incineration of all capacitors (after removal from ballasts) and any resultant PCB articles is required under this Contract. After removal of capacitors, all ballasts must be recycled unless they are leaking and/or otherwise a PCB article. Light bulb recycling contract Crl]2.6.05v1 B. Contractor shall perform in a good and professional manner the services listed in this Contract, and those identified in the City's Request for Proposal DEM05-10:ELW dated September 28, 2005, in the manner in which Contractor responded to City's Request for Proposal and attached as Exhibit "A" and incorporated into this Contract.as if fully set forth herein. C. Contractor and Contractor's employees shall be trained in the identification of hazardous wastes as defined by Federal, State and local laws and regulations, and such materials and equipment as are necessary to handle, containerize, label, load and transport such waste from the City's service area in a manner conforming to Federal, State and local laws and regulations. D. Contractor agrees to collect and transport all varieties of lights, liquid mercury and fluorescent light ballasts from City facilities when notified by City within five (5) business days of notification. E. Contractor agrees to obey the speed limits and signage at all City facilities when performing this Contract and to require any subcontractor performing under this Contract to obey the speed limits and signage at all City facilities when performing this Contract. F. Contractor agrees to begin work at the various City Collection sites only when a City representative from the City of Fort Worth Environmental Management Department is present at the site, unless otherwise authorized in writing by City. G. Contractor agrees to be responsible for covering costs due to Contractor's or its subcontractor's mishandling of lamps or boxes causing breakage or other damage. Contractor agrees to cover costs for any damage due to mishandling of lamps during work performed under this Contract. 3. COMPENSATION A. In consideration for the work performed by Contractor under this Contract, City shall pay Contractor a sum not to exceed $24,900 (twenty-four thousand, nine hundred dollars and no cents). Payment shall be based on the unit price charges contained in Exhibit A. The City is responsible for notifying Contractor of any questions concerning an invoice, and shall not be required to pay Contractor until such questions have been resolved. B. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the not to exceed" price, Contractor shall prepare to cease its operations unless Light bulb recycling contract Cr112.6.05vl 2 and until the Contract is amended and an authorized representative of the City directs Contractor to perform additional work. C. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City in a timely fashion 4. INSURANCE The Contractor certifies that it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the terms of this Contract. Prior to commencing work, Contractor shall deliver to the City certificates documenting this coverage. The City may elect to have the Contract submit its entire policy for inspection. A. Commercial General Liability Insurance-$1,000,000 minimum per occurrence. B. Professional Liability Insurance: (i.e. Professional Liability or Errors and Omissions Liability)$1,000,000 each occurrence. C. Automobile Liability Insurance - $1,000,000 per occurrence combined single limit basis or $500,000 bodily injury/person, $500,000 bodily injury/accident, $250,000 property damage and$2,000,000 aggregate. Uninsured/Underinsured Motorist: $20,000 bodily injury each person, $40,000 bodily injury each accident; $15,000 Property Damage each accident. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall b, named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. D. Worker's Compensation - Statutory limits for Worker's Compensation plus employer's liability at a minimum of$1,000,000 each accident, $1,000,000 disease- policy limit, and$1,000,000 disease-each employee. E. Environmental Impairment Liability (EIL) .and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) shall be included in policies listed above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected shall be included under the Automobile Liability insurance policy(s). AMA. NOTE: BETWEEN A AND E ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT ] Light bulb recycling contract Cr112.6.05vl 3 f�, „; ,: R ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION, SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN- UP COSTS SHALL BE COVERED. F. The following shall pertain to all applicable policies of insurance listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects to operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." An equivalent clause may be acceptable in the discretion of the City. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under the Contract,the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this Contract shall contain the following clauses: 'This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or by insurance company. 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction'of the Risk Manager for the City of Fort Worth. The City's standard is an A.M. Best Key rating A:VII. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. 5. INDEMNIFICATION A. For the purposes of this Contract, the following words and phrases shall be defined as follows: Light bulb recycling contract Cr112.6.05v1 4 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including but without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of Environmental Requirements pertaining to the services performed under this Contract, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, Contractors, experts, laboratories and investigation or remediation resulting from any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any Federal, State or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental Requirements shall mean all applicable statutes as they are now or as they may later be amended, .regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and Light bulb recycling contract Cr112.6.05vl 5 b. All requirements pertaining to the protection of the health and safety of employees or the public. B. Professional Services Indemnification. CONTRACTOR SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH TO THE EXTENT CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT, OR DEFICIENCY IN THE PERFORMANCE OF CONTRACTOR'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF ENVIRONMENTAL CONSULTANT SERVICES DOCUMENTS IN ACCORDANCE WITH THIS CONTRACT. CONTRACTOR SHALL NOT BE REQUIRED TO INDEMNIFY OR HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM DEFECTS OR DEFICIENCIES IN ENGINEERING CRITERIA AND INFORMATION FURNISHED TO CONTRACTOR BY CITY, WHICH CONTRACTOR COULD NOT DISCOVER BY THE EXERCISE OF REASONABLE DILIGENCE. C. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, AND ANY OTHER PERSON OR ENTITY, EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER. D. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, CO Light bulb recycling contract Cr112.6.05v1 6 TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF THE MATERIAL UNDER THIS CONTRACT, TO THE EXTENT SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER. E. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. F. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, the City shall provide Contractor with reasonably timely notice of same. G. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. H. In all of its Contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. I. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettled at the expiration of the said thirty-day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less Am** the dollar value of any written claims pending against the Contractor arising out of the performance of such work. Light bulb recycling contract 1. Cr112.6.05v1 7 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: i. The claim has been settled and a release has been obtained from the claimant involved; or ii. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (i) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (ii) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final.payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. 6. WARRANTY Contractor warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by the collection, handling, storage and recycling of lights, mercury, and fluorescent light ballasts as referred to in the Contractor's Scope of Services. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable State and Federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 7. LICENSES, PERMITS AND FEES Contractor agrees to obtain, pay for, and maintain all licenses, permits, certificates, inspections and all other approvals and fees required by law or otherwise necessary to perform the services prescribed hereunder. 8. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or Light bulb recycling contract Cr112.6.05v1 8 � o 1.s�ll v :a contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather for the geographic area. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this Contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. D. Alternatively, if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this Contract to the satisfaction of City within ten days after written notification shall result in .•�,, termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract or by Federal, State or local laws or regulations. 9. TERMINATION A. City may terminate this Contract with or without cause upon thirty (30) days prior written notice to the Contractor, provided that such termination shall be without prejudice to any other remedy the parties may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress, and reasonable closure costs,that is completed by Contractor and accepted by the City. B. If the City terminates this Contract under paragraph A above, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed ,original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires; provided, however, that the Light bulb recycling contract Crll2.6.05v1 9 rU ., o.::its uV✓:o A*WN Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. D. In the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have the right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to effect a cure. If the defaulting party fails to effect a cure within the aforesaid thirty(30) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 10. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent Contractor, and not as an officer, servant, or employee of the City. Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the negligent acts and omissions of its officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees,and subcontractors; and the doctrine of respondeat superior has no application as between the City and Contractor. 11. MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. 12. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers Light bulb recycling contract Cr112.6.05v1 10 y /'► and records of such subcontractor involving transactions relating to the subcontract. The term"subcontract" as used herein includes purchase orders. 13. NON-DISCRU IINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non- discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Contractor is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with Federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 14. GOVERNING LAW The City and Contractor agree that the validity and construction of this Contract shall be governed by the laws of the State of Texas,except where preempted by Federal law. 15. SEVERABILITY The provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Contract. 16. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of Light bulb recycling contract Cr112.6.05v1 11 J any provision or condition of the Contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 17. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County,Texas. 18. NOTICES Any notices, bills, invoices or reports required by this Contract shall be sufficient if sent by the parties in the United States mail, postage paid,to the address noted below: If to the City: Brian Boerner, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth,Texas 76102-6311 If to the Contractor: FmytTprmental Light Recyclers, Inc. AOWI ATTN; Steven Z, Remley 2737 Aryan Avenue 'Fort Atli.. TX 76104 19. ENTIRETY This Contract, the Contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other Contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto. 20. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this Contract. Contractor shall not assign, sublet, or transfer its interest in this Contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. Light bulb recycling contract Cr112.6.05v] 12 r tui ..1 �L1 � � : IN WITNESS THEREOF, the City of Fort Worth and Contractor have executed this Contract in triplicate in Tarrant County,Texas. CITY OF FORT WORTH ENVIRONMENTAL LIGHT RECYCLERS,INC. 7i Libby atson Steven Remley Assistant City Manager President Date Signed: - `6, Date Signed December 21, 2005 ATTEST: WITNESS: �� LA� r D'� Marty Hendrix tj .... City Secretary APPROVED AS TO FORM CORPORATE SEAL: �. . AND LEGALITY: -: Assistant rty Attorney NO M&C REQUIRED Light bulb recycling contract Cr112.6.05v1 13 � J ✓:!:�Jlo UGa CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor Certifies that it provides workers'compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project No.' DEM05-10:ELW ENVIRONMENTAL LIGHT RECYCLERS, INC. By: , President Title December 21, 2005 Date STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Steven L. Remley , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Environmental 1Akht Reryr 1 arc T„r for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 21st day of December , 20 o5 1 "Wool :R* r'y, Notary Public in and for the tate of +: NAA 1.MWTexas i y/111�11� Q r�cI n COST ESTIMATE 7 7— " QUAL I FI CATION S INSURANCE SAFETY PROGRAM k Imo,: IF. RESPIRATORY PROTECTION PROGRAM Licenses & Certificates LEGAL AND COMPLIANCE � OTHER PROPOSAL PACKAGE CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM05-10:ELW Fo RIT WORTH PACKAGING, TRANSPORTATION, AND DISPOSAL OF VARIOUS LAMP, BALLAST, ELECTRONIC WASTE September 28, 2005 TABLE OF CONTENTS 1.0 REQUEST FOR PROPOSAL 1.1 Scope of Work 1.2 General Requirements 1.3 Interpretation of Documents 1.4 Conflicts and Questions 1.6 Proposal Submittals 1.6 Opening of Proposals 1.7 Proposal Evaluation Criteria 1.8 Contract Time 1.9 Negotiation of the Contract and Exceptions to the Documents 1.10 Award of the Contract 1.11 Reservations 2.0 PROPOSAL DOCUMENTS 2.1 Proposal Document Checklist 2.2 Acknowledgment of Receipt of Request for Proposals Addendum(a) 2.3 Minority and Women Business Enterprises 2.4 Proposal Summary 2.6 Cost Estimate 2.6 Qualifications of Provider 2.7 List of Subcontractors/TSD Facilities 2.8 Vendor's Compliance to State Law 2.9 Insurance Certificates 2.10 Vendor's License&Certificates 2.11 Vendor's Legal and Compliance History 2.12 Other Table-1 1.0 REQUEST FOR PROPOSALS 1.1 PRO iE T DES RIPTION: Proposals are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to provide storage and shipping containers, provide on-site pickup, provide transportation, handle recycling and disposal, as applicable for a variety of lights including but not limited to high pressure sodium HID lamps, Incandescent bulbs, Fluorescent lamps and tubes, vapor lamps, and metal halide HID lamps. Additionally, the same services shall be provided for light ballasts that both contain PCBs and do not contain PCBs. The Provider will be required to collect and containerize contracted materials from numerous city facilities — no central pickup location is planned. All services shall be performed in accordance with the latest Federal, State and Local environmental regulations. Provider will be required to be on-site for a waste shipment within 5 business days under this Contract. There is no minimum guaranteed amount of work under this contract. Note: Proposals from brokers will not be accepted. All subcontractors are subject to acceptance by the City. The City reserves the right to perform on-site audits of all facilities prior to acceptance as a qualified subcontractor. Incineration of all capacitors (after removal from ballasts) and any (resultant) PCB particles is required method of disposal under this contract. After removal of capacitors, all ballasts must be recycled unless they are leaking and/or otherwise a PCB article. Provider will be required to provide the City with the PCB log documentation to maintain compliance with TSCA at a minimum. Contractor shall provide collection, containerizing, transportation and recycling services for each of the wastes listed below: Fluorescent lamps(4' &8") U-shaped fluorescent lamps Halogen Lamps Automotive headlights Incandescent bulbs Flood Lights Mercury vapor lamps Sodium vapor lamps Xenon bulbs Metal arc metal halide bulbs Crushed bulbs (caused by City of Fort Worth personnel only) Fluorescent light ballasts with PCBs Leaking fluorescent light ballasts with PCBs Fluorescent light ballasts without PCBs Liquid mercury for recycling A more detailed Project Description is included in Section 2.4—Scope of Services. 1.2 GENERAL REQUIREMENTS: All Contractors must comply with City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Sections 17-66 to 17-67) and 12570 prohibiting discrimination in employment practices. 1.3 INTERPRETATION OF REQUEST FOR PROPOSAL DOCUMENTS- A Pre-Proposal Meeting will be held on October 11, 2006 at 10:00 a.m. in the 7"' Floor Conference Room at 908 Monroe Street, Fort Worth, Texas. A written request for an interpretation of the Request for Proposal may be made to the Department of Environmental Management, by either fax, email, or mail, at any time up to seven (7) calendar days prior to the time of the opening of Proposals ( i.e. October 20, 2005 at 1:30 p.m.). The person submitting the request will be responsible for its prompt delivery. The City as a formal addendum will issue any interpretation of the Proposal Documents. A copy of each addendum will be faxed to each person receiving a Proposal Package. All addenda must be submitted with the Proposal in section 2.2. The City will not be responsible for any other explanations or interpretations. 1.4 CONFLICTS & QUESTIONS_ Should there be conflicts between the proposal documents and the final executed contract document,the final contract shall take precedence. Questions regarding this Request for Proposal should be directed immediately to: Michael J. Perry Senior Environmental Specialist Department of Environmental Management City of Fort Worth 1000 Throckmorton Street Fort Worth,TX, 76102-6311 Phone (817) 392-8504 Fax (817) 392-6359 Michael.Per y@fortworthgov.org 1.5 PRQPOSAL SUBMITTALS: Each Contractor should submit a proposal for all items to complete the project or the entire proposal may be considered non-responsive and rejected. In case of ambiguity or lack of clarity, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. Proposal documents, addendums, drawings, and specifications may be obtained at the City of Fort Worth, Department of Environmental Management's web site. The URL address is: www-fortworthpoy.o[g/dem/bods.htm Proposals must be submitted in a sealed envelope, addressed to and received at City of Fort Worth Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102 no later than 1:30 p.m. on Thursday, October 27, 2005. The project number must be clearly marked on the envelope and the statement "PROPOSAL DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 p.m. on Thursday, October 27, 2005" placed in the lower left-hand comer of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Any Proposal Documents not properly marked or not received in the proper place by the proper time will he considered non-responsive. NO FAXED PROPOSALS WILL BE ACCEPTED 1.6 OPENING OF PROPOSALS: The Document entitled"Proposal Summary"in each proposal submitted will be opened and read aloud at 2:00 P.M. on Thursday, October 27, 2005, in the Fort Worth City Council Chambers. The proposals shall be handled so as to avoid the disclosure of the remainder of their contents to competing offerors and so as to keep such contents secret during negotiations. All proposals will be open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals will not be open to public inspection. The Proposal Documents submitted in accordance with this Request for Proposal shall remain valid for sixty(60)days after the due date. 1.7 PROPOSAL EVALLIATION CRITERIA: Proposals will be evaluated by qualitative measures and will be weighted as follows: 11i is, FACTOR I ' '� MAXIMUM WEIGHT On-site Audit(if necessary) 20 points Costs 20 points Qualifications/Experience 25 points Subcontractors/TSD Facilities 20 points Proposal Presentation 15 points Work History with City 15 points TOTAL 115 points NOTE: Any of the above factors may be weighted as low as -10 points. The City will select the most highly qualified Provider responding to the request based on the above criteria. If necessary, on-site audits will be performed on a maximum of two (2) Contractors with the highest scores from the other seven (7) factors (total possible score of 95 points). The highest overall score will determine the City's first choice for the Contract. 1.8 CONTRACT TIME The successful Contractor will be awarded One-Year Contracts with two One-Year Options to Renew. 1.9 NEGOTIATION OF THE CONTRACT The City will meet with the successful Contractor and negotiate any final changes to the Contract and any exceptions identified in the Proposal Documents. The City is not obligated to accept any exceptions made by Contractor. After the negotiations, the City will make final changes to the Contract documents and issue the Contract Documents with Notice of Awards to the successful Laboratories. 1.10 AWARD OF THE CONTRACT The City may conduct such investigations as deemed necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, and financial ability of the Contractor, subcontractors, and other persons who are proposed to work on the project. The City will send a Notice of Award letter to the successful Contractor with three (3) sets of contract documents. The successful Contractor must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets,the City will execute each set and issue one set to the Contractor with a letter entitled Notice to Proceed. This letter authorizes work to begin and invoices to be paid. 1.11 RESERVATIONS: The City reserves the right to reject any or all proposals and waive any or all formalities. 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents, including this ChecIdist, must be completed in full and submitted in a sealed envelope, in the requested order, or the proposal may be considered as a responsive submittal. Proposal Documents 1. PROPOSAL DOCUMENT CHECK LIST 2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA 3. MINORITY and WOMEN BUSINESS ENTERPRISES �1l6 4. PROPOSAL SUMMARY 5. COST ESTIMATE 6. QUALIFICATIONS OF PROVIDER 7. LIST OF SUBCONTRACTORS/TSD FACILITIES 8. VENDOR'S COMPLIANCE TO STATE LAW 9. INSURANCE CERTIFICATES 10. PROVIDER'S LICENSES&CERTIFICATES 11. PROVIDER'S LEGAL&COMPLIANCE HISTORY 12. OTHER A. Invoice B. Completed Waste Profile C. Completed Waste Manifest D. Completed Waste Summary Report I understand that failure to submit all of these items may cause submittal to be considered responsive. Name Steven L. Remley� Title President Company_Environmental Light Recyclers, Inc. 2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM 2.2.1 Check if applicable The undersigned acknowledges the receipt of the following addendum(a)to the Request for Proposals, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2 Check if applicable R The undersigned acknowledges the receipt of no addenda to the Request for Proposals. PROVIDER: Environmental Light Recyclers, Inc BY: Steven L. Remley Company Name (print or type name of signatory) 2737 Bryan Avenue __ } Address (Signature) Fort Worth, Texas 76104 President City, State, Zip Title(print or type) 2.3 MINORITY and WOMEN R 1 IN SS ENTERPRISFS MIB ) The City's requirement for M/ BE participation has been waived for these services. 2.4 PROPOSAL SUMMARY TO THE CITY OF FORT WORTH: The undersigned hereby proposes to furnish storage and shipping containers, provide on- site pickup, provide transportation, handle recycling and disposal, as applicable for a variety of lights including but not limited to high pressure sodium HID lamps, Incandescent bulbs, Fluorescent lamps and tubes, vapor lamps, and metal halide HID lamps. Additionally, the same services shall be provided for light ballasts that both contain PCBs and do not contain PCBs. Detailed Scope of Work is attached hereto. Contractor equipment and personnel are capable of performing each type of procedure listed in the Project Data either with in house resources or through subcontracts. All Proposal Documents have been submitted in one sealed envelope. Addenda to the Request for Proposals have been received. Unit prices are provided within the Proposal Documents in Section 2.5. Waste Shipments will be scheduled and responded to within five (5) calendar days after receipt of shipment notice. The additional cost for responding within three (3) calendar days after receipt is 1 % and the additional cost for responding within one (1) calendar day after receipt is 2 %. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for sixty(60) days from the date of submittal. PROVIDER: Environmental Light Recyclers, Inc BY: Steven L. Remley (Company Name) (print or type name of si natory) 2737 Bryan Avenue (Address) (Signature) Fort Worth, Texas 76104 President (City, State, Zip) Title(print or type) 817.934.2300. 817.924.3692 Phone) (FAX) Scope of Services Proposals are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to provide storage and shipping containers, provide on-site pickup, provide transportation, handle recycling and disposal, as applicable for a variety of lights including but not limited to high pressure sodium HID lamps, Incandescent bulbs, Fluorescent lamps and tubes, vapor lamps, and metal halide HID lamps. Additionally, the same services shall be provided for light ballasts that both contain PCBs and do not contain PCBs. The Provider will be required to collect and containerize contracted materials from numerous city facilities—no central pickup location is planned. All services shall be performed in accordance with the latest Federal, State and Local environmental regulations. Provider will be required to be on-site for a waste shipment within 5 business days under this Contract. There is no minimum guaranteed amount of work under this contract. Note: Proposals from brokers will not be accepted. All subcontractors are subject to acceptance by the City. The City reserves the right to perform on-site audits of all facilities prior to acceptance as a qualified subcontractor. Incineration of all capacitors (after removal from ballasts) and any (resultant) PCB particles is required method of disposal under this contract. After removal of capacitors, all ballasts must be recycled unless they are leaking and/or otherwise a PCB article. Provider will be required to provide the City with the PCB log documentation to maintain compliance with TSCA at a minimum. Contractor shall provide collection, containerizing, transportation and recycling services for each of the wastes listed below: Fluorescent lamps(4' &8") U-shaped fluorescent lamps Halogen Lamps Automotive headlights Incandescent bulbs Flood Lights Mercury vapor lamps Sodium vapor lamps Xenon bulbs Metal arc metal halide bulbs Crushed bulbs(caused by City of Fort Worth personnel only) Fluorescent light ballasts with PCBs Leaking fluorescent light ballasts with PCBs Fluorescent light ballasts without PCBs Liquid mercury for recycling The work required under this contract includes hut is not limited to the following tasks: Routine Tasks Provide paperwork and documentation needed to complete waste shipments; Provide on-site pickup of waste within ten (10) business days of the request from the City. If request is made after NOON then the 10-day clock starts the following business day. Collect, package (containerizing), and label hazardous, non-hazardous, and universal waste; Provide transportation services for wastes to disposal or recycling facilities, no central pickup location is planned; Dispose, recycle and/or reuse of requested materials; Provide invoices per shipment site that clearly identify shipment address, shipment date, manifest(s) number, type of waste, quantity of each type of waste, etc. Provide City fully executed Waste Manifests within 35 days of pickup date; Provide Certificates of Destruction (CD) to the City within 60 days of pickup date except for Special Waste that will be within 120 days of pickup date; and Provide Quarterly "Waste" Shipment/Handling/Disposal Summaries within 15 calendar days of the close of the calendar quarter (i.e., due on April 15, July 15, October 15, and January 15). Staffing Requirements • Provide a minimum of one (1) field technician for shipments containing less than 50 containers and a minimum of two (2) field technicians for shipments greater than 50 containers; and • Provide single point of contact for shipment requests/scheduling. As-Needed Tasks • Provide all Routine Tasks for other addresses that may arise during the operation life of this contract; and • Provide roll-off boxes and box transportation for disposal. The City will perform the following tasks under this contract: • Provide material safety data sheets (MSDSs) and process information on wastes for disposal, recycling, and/or reuse; • Provide timely notice to Contractor in writing of requests, detailing the location(s), type of work, and other pertinent information; Aid in the selection of disposal, recycling and/or reuse methods; Provide required regulatory information for manifest and shipping paper information; and Provide representative to accompany Contractor at project sites. 2.5 COST ESTIMATE The Table below identifies various types of materials, Contractor shall provide a cost for each type of material included on the Table. Cost shall be a "tum-key" cost and include packaging, loading, labeling, transportation, and disposal costs. The City will present only DOT approved containers for shipment of other materials. Please initial each and every Cost Estimate page in the lower right hand comer. Additionally, the Contractor shall attach their Standard Price List at the end of this section along with any applicable discount rate(percentage off standard)that applies to the City of Fort Worth projects. Tvpical Waste stream COST Per Law Fluorescent lams 4' 8 0.24 Fluorescent lams 8' $ 0.48 U-shaped fluorescent lams $ 0.35 Halogen Lams $ 0.35 Automotive headlights Incandescent bulbs $ 0.20 Flood Lights Mercu vapor lams 0.85 Sodium vapor lams 0.85 Xenon bulbs $ 0.35 Metal arc metal halide bulbs 0.8 Crushed bulbs caused bz City of Fort Worth personnel on! 0.50 Per t Fluorescent li ht ballasts with PCBs 0.48 Leaking fluorescent light ballasts with PCBs $ 2.00 Fluorescent light ballasts without PCBs'"" *The City of Fort Worth is not responsible for covering costs due to Contractor's mishandling of lamps or boxes causing breakage or other damage. Contractor must cover costs for any damage due to mishandling of lamps during work performed under this contract. "Recycling requirement: though not all ballasts contain PCBs, incineration of all capacitors (after removal from ballasts) and resultant PCB articles is required under this contract. COST for the'Pickup,transportation,and disposal(or recvc(invil of anv special waste 1. Elemental Mercu!y 5.00 per pound 2. Mercu containing ui ment i.e.—electronic monitors $0.65 per pound 3. Discarded electronic equipment r cubic yand box 200.00 Services n lies ..z g, r Field Technician—hourly rate $55.00 after first hour on site Boxes for storing waste fluorescent lamps No charge Boxes for other bulb types No charge 55 gallon drums for ballasts No charge ENVIRONMENTAL 2737 Bryan Ave LIGHT Fort Worth,Texas 76104 RECYCLERS (817)924-9300 "We Put The Lights Out Safely" PRICE QUOTE: FOR: STANDARD RETAIL PRICING Recycling Cost Quantity Lamp Type per Unit Fluorescent 4' and Under,Compacts $0.32 Fluorescent 5' and over $0.60 Shielded Fluorescent,all lengths $0.90 U Bend or Circular $0.40 High Intensity Discharge $2.35 Ozone Purification $1.00 Incandescent $0.25 Broken or Crushed Lamps(per pound) $2.00 PCB Ballast(per pound) $0.60 Non-PCB Ballast(per pound) $0.30 Leaking PCB Ballast/Capacitor(per pound) $2.00 HID Capacitors(per pound) $1.50 Batteries(NiCad,Lead acid,Alkaline per pound) $1.05 Batteries(Magnesium,Silver-Zinc,Lithium per lb.) $5.25 Mercury Devices(per pound) $10.00 Mercury Contaminated Debris(per pound) $12.00 Mercury(Free-flowing liquid per pound) $10.00 Cathode Ray Tubes(per pound) $25.00 Computer Processing Units (per pound) $1.25 Keyboards,Printers,etc.,(per pound) $1.25 Transformers Non-PCB(per pound $2.50 Transformers PCB(per pound) $5.00 Lamp Pack Service(per hour) $55.00 Transportation $45.00 CUSTOMER ACCEPTANCE The undersigned customer representative hereby contracts with Environmental Light Recyclers, Inc. to provide lamp recycling services. CUSTOMER ELF, INC. Company: Address: Pickup locations,Instructions City: St: _ ZIP: Phone: FAX: By: P.O. #• Title: Date: 2.6 QUALIFICATIONS OF THE PROVIDER Provider shall identify its company name, address, telephone number(s), and FAX number(s)for the local office as well as the headquarters. Provider shall attach a copy of its current Statement of Qualifications (30-page maximum, 10 pt type minimum). If subcontractors are to be utilized, current Statement(s) of Qualifications for this company(s) must also be included (15-page maximum, 10 pt type minimum). Within the Statement of Qualifications the Provider should: • Explain any web-based customer service system that may be available to view and track waste shipments including but not limited to profiles, manifests, and certificates of destruction. • Explain capabilities to provide Quarterly "Waste" Shipment/Handling/Disposal Summaries within 15 calendar days of the close of the calendar. • Explain "game-plan" for handling the City's shipments including but not limited to scheduling pickups,temporary storage facilities,transportation, disposal sites,etc. • Explain mechanisms for handling Waste Manifest and/or Waste Profile errors encountered at the shipment site along with communication channels between Field and Office personnel responsible for proper paperwork generation and completion. • Explain mechanisms/operating procedures to ensure timely and effective arrival for shipments(including Waste Manifest correctness, labels, etc). • Submit a brief r6sume (one page maximum, 10 pt type minimum) of each professional person who will be assigned to this contract Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. • Submit an nroaniiation chart depicting contact arrangement from the City to the Provider and from the Provider's representative to other areas within the Provider. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. • Document Provider's experience managing and performing packaging, transportation, and disposal of hazardous, non-hazardous, special, and solid waste on an as-needed basis. A copy of the Provider's Health and Safety program must be submitted as Provider's Qualifications Document 2.9. INCLUDE A COPY OF THE QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE PROPOSAL PACKAGE ENVIRONMENTAL 2737 Bryan Ave LIGHT Fort Worth,Texas 76104 RECYCLERS (817)924-9300 "We Put The Lights Out Safely" STATEMENT OF QUALIFICATIONS Local Offices: Headquarters: 2737 Bryan Avenue 2737 Bryan Avenue Fort Worth, Texas 76104 Fort Worth, Texas 76104 Telephone: 817.924.9300 Telephone: 817.924.9300 FAX: 817.924.3692 Fax 817.924.3692 2.6 QUALIFICATIONS OF THE PROVIDER 1. Locations. Environmental Light Recyclers, Inc. is a locally owned and operated Fort Worth, Texas corporation. The Company's processing facility and Headquarters location is as follows: Environmental Light Recyclers,Inc. 2737 Bryan Avenue Fort Worth, Texas 76104 Telephone: 817.924.9300 Fax: 817.924.3692 or 817.924.9380 2. Web-based Customer Service System. Environmental Light Recyclers, Inc. has no web-based customer service system that allows customer access to Company data bases. The Company is working with a local web service provider to update our web site. It is possible that this capability can be added in future web site additions. 3. Quarterly Waste Summary Reports. Environmental Light Recyclers, Inc. records the following information for each customer order received and processed: Receiving Ticket Number, Date of Receipt of materials, Date of Processing of materials Customer Name, Generator Name, Customer EPA Site ID number, Generator EPA ID Number, Manifest Number, Waste type and quantity, Date that hazardous residues (Phosphor powder) is shipped off-site for retort processing, Manifest Number, Transporter,Name of Receiving Facility, EPA Site ID number of Receiving Facility, Date of Processing by Receiving Facility, and the Certificate of Recycling/Destruction Number issued by the Receiving Facility. This information will be provided to the City of Fort Worth as a quarterly report. It can be provided in either electronic format via email using Microsoft Excel as spread sheet or in printed hard copy. The report will detail precisely the quantities of materials received from City of Fort Worth facilities by Receiving Ticket number. 4. Service Execution `Game-plan". City of Fort Worth personnel notify ELR operational staff as to the nature, location(s), and point(s) of contact at each site requiring service. ELR personnel will then communicate directly with the site point(s) of contact to arrange the date and time of pickup. At the time of the scheduling contact, ELR and City of Fort Worth personnel will discuss the kinds of materials available for pickup, the estimated quantities, replacement container requirements and any other needs that the site may have. Each site order is than issued an ELR waste tracking number (receiving ticket number) that follows the shipment through the recycling process. A manifest is generated at the time that the discreetly numbered receiving ticket is opened. The manifest prepared is either a RCRA compliant Uniform Hazardous Waste Manifest or an ELR generated Universal Waste Manifest/Bill of Lading depending upon the waste generator's preference and waste management practices. The Receiving Ticket and manifest will be in the possession of ELR's driver and provided to the generator at the time of load pick-up and acceptance. Universal Waste manifests prepared by ELR will carry the same control number as the receiving ticket. The manifest number is also entered on the receiving ticket to ensure accountability of documentation and positive cross-reference capability. Materials accepted by ELR personnel will be immediately transported directly to ELR's Fort Worth recycling facility for processing. 5. Manifest and Waste Profile Corrections. All materials are inspected by ELR's drivers at the point of origin for packaging, transport compatibility, and compliance with materials that can be accepted at the recycling facility. Materials and packaging compliance issues are resolved prior to acceptance of the load by the driver. Likewise, manifest issues such as typographical and other administrative errors that may exist on the manifest document itself, ELR drivers and/or field technicians are authorized to make pen and ink corrections on site as are City of Fort Worth personnel. Materials that may be offered for transport and processing that do not comply with materials accepted by ELR will be denied by the driver/field technician. If materials which do comply with ELR acceptance policies are offered for transport and processing but were not included on the manifest can and will be added to the manifest by ELR drivers/field technicians after approval by ELR management personnel. Drivers have immediate two-way communication capability via cell phone with management personnel and need only call in for approval to add materials to the existing manifest. Manifest preparation is based upon the materials description and estimated quantities provided by City of Fort Worth personnel at each site when the scheduling interview is conducted. ELR personnel do not normally open boxes and count lamps or other materials on-site unless requested to do so by the generator. Our normal procedure is to enter the total box or drum count on the Receiving Ticket and conduct the item inventory once materials have arrived and the plant facility. The ELR plant count is final. 6. Timely Performance. City of Fort Worth personnel notify ELR operational staff as to the nature, location(s), and point(s) of contact at each site requiring service. ELR personnel will then communicate directly with the site point(s) of contact to arrange the date and time of pickup. ELR personnel will prepare the manifest and other documentation based upon estimated quantities and kinds of materials as described by City of Fort Worth personnel. If on site packing or other services which will require driver or field technician time exceeding one (1)hour, City of Fort Worth personnel must so inform ELR during the scheduling interview so that ELR may a lot the appropriate numbers of personnel and schedule sufficient time to accomplish all tasks 7. Personnel. A. Contract Manager. Steven L. Remley, President. Mr. Remley has over ten years experience as president of Environmental Light Recyclers, Inc., management of various contracts and operations in the hazardous waste industry. Mr. Remley is responsible for business management and personnel and materials asset management within the Company. Mr. Remley will contribute approximately 10 percent of the total tome necessary to fulfill this contract. B. Deputy Contract Manager. Brian T. Anderson, Vice President for Operations. Mr. Anderson is responsible for transportation and scheduling. Mr.Anderson has over ten years of service with Environmental Light Recyclers, Inc. in his present position and over twenty years experience in transportation management and provision of service. Mr. Anderson is HAZWOPR qualified and current and directly supervises all Company employed drivers/field technicians. Mr. Anderson has over ten years experience in the hazardous waste industry, field technical services, and customer service. Mr. Anderson will dedicate approximate 30 percent of the total time necessary to fulfill this contract. C. Office Manager. Sherry L. Foster. Ms. Foster is responsible for document preparation to include manifests, receiving tickets, invoices, and Certificates of Recycling. She also assists Mr. Anderson with scheduling, pickup coordination, and customer service issues. Ms. Foster has over three years in her current position with Environmental Light Recyclers, Inc. Ms. Foster also maintains waste tracking data bases for the Company and prepares various reports. Ms. Foster will dedicate approximately 30 percent of the total time necessary to fulfill this contract. Drivers/Field Technicians. Environmental Light Recyclers, Inc. currently employs three full time drivers/field technicians that provide direct pickup services to our customers. All drivers hold Class A Commercial Drivers Licenses, are 40-hour HAZWOPR qualified and current, and have clean driving records and criminal backgrounds. Our drivers will provide the remaining 30 percent of time required to fulfill this contract 8. Communications Flow Chart. City of Fort Worth Notifies ELR with pickup request (telephonic,email,fax) ELR,Inc. Brian T.Anderson,VP operations or Sherry L.Foster, Office Manager accepts pickup request and contacts City of Fort Worth site Point of Contact and sets date and time of pickup. (Anderson-30%of contract time Foster-30%of contract time) City of Fort Worth ELR,Inc. Site Point of Contact Prepares transport documents and contacted to set date and time of nickuo. assigns driver/field technician. (Driver/field technician-30%of contract time) ELR,Inc. Contacts City of Fort Worth Site POC When inbound and notifies ELR Operations upon arrival and departure 9. Experience. ENVIRONMENTAL 2737 Bryan Ave LIGHT Fort Worth,Texas76104 RECYCLERS (817)924-9300 "We Put The Lights Out Safely" WORK EXPERIENCE AND REFERENCES University of Texas Health Science Center at Houston—Contract#962-99: Environmental Light Recyclers, Inc. provides fluorescent lamp, light ballast, and transportation services to UTHSC located in Houston, Texas. ELR, Inc. visits the Center on a quarterly schedule and collects box packaged lamps and drums of light ballast from four(4) different locations on the campus. ELR, Inc. provides all lamp boxes and ballast drums, labels, and transportation documentation in the form of a Universal Waste Manifest. ELR, Inc. replaces filled containers with empty containers at each pick-up visit. Contract Duration: September 1, 2003 —August 31,2004 with 4 one-year extensions. Reference POC: Mr. Allen Lucas (713) 500-8104 ExxonMobil—Agreement No. A-143366: Environmental Light Recyclers, Inc. provides full fluorescent and HID lamp, light ballast, computer and electronic equipment and battery disposal through recycling. ELR will provide transportation of lamps, ballast, and other universal waste materials generated by ExxonMobil's maintenance operations from ExxonMobil's collection sites directly to the ELR Fort Worth processing/recycling facility. ELR provides all containers and prepares all required transportation documents. Contract Duration: January 1, 2004—December 31,2009 Reference POC: Ms. Tracy DePadova(972)444-1044 USAA—Contract Control Number F97MI01397 dated June 16, 1997: Environmental Light Recyclers, Inc. provides full fluorescent and HID lamp, light ballast, computer and electronic equipment and battery disposal through recycling. ELR will provide transportation of lamps, ballast, and other universal waste materials generated by USAA's maintenance operations from USAA's sites directly to the ELR Fort Worth processing/recycling facility. ELR provides all containers and prepares all required transportation documents. Contract Duration: Amendment 5 November 1, 2003 — October 31, 2004. Original contract dated June 16, 1997. Bell Helicopter TEXTRON—Purchase Order No. 197692-33 Environmental Light Recyclers, Inc. provides full fluorescent and HID lamp, light ballast, computer and electronic equipment and battery disposal through recycling. ELR will provide transportation of lamps, ballast, and other universal waste materials generated by BHTI's maintenance operations from BHTI's sites directly to the ELR Fort Worth processing/recycling facility. ELR provides all containers and prepares all required transportation documents. Contract Duration: June 2, 2003 — June 1, 2006 (Fourth issue of contract. First issued June 1, 1996) Reference POC: Ms. Debra Rodriguez(817)280-8729 O U- 4- U a� s w � . w m a o . w A- c 0 O 0 U) o - Z a O m r � v co � J .+ Q o Z 0 O E D N 0) • • C Q W O m C30 • w li $ U o Cl) O C O H m Cl) 0c O 6 • w N W O Cl) • W O N Et w ULLJ ccO N a LL U E Cl) W U W ti Z CV LL 2.8 VENDOR'S COMPLIANCE TO STATE LAW Article 601g of Vernon's Texas Civil Statues(1985) applies to the award of contracts to non- resident contractors (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) who are required to proposal projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under proposal a non-resident contractor in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident contractors in order for their submittal to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that contractor. Resident contractors must check the box in Section B below. A. Non-resident contractors in (give state), our principal place of business, are required to be percent lower than resident contractors by state law. A copy of the statute is attached. Non-resident contractors in (give state), our principal place of business, are NOT required to underbid resident contractors. B. Our principal place of business or corporate offices are in the State of Texas. [ ] (Check this box if statement B is true) PROVIDER: BY: (Company Name) (print or type name of signatory) (Address) (Signature) (City,State,Zip) Title(print or type) vuvnwr.ivva r "•r n� ACORD. CERTIFICATE OF LIABILITY INSURANCE 0DATE(MMID 6/22/6/22/05 5D/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION 817-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hiaainbotham&Assoc.,Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ox 908 Worth,TX 76101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER a Am Internat Specialty Lines Ins Co 13269 Environmental Light Recyclers,Inc. INSURER B: Zenith Insurance Company 23817 1515 8th Ave. INSURER C: Illinois National Insurance Co Fort Worth,TX 76104 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADD -TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA _TRIMDATE IMWDDJrn INSLIMITS A GENERAL LIABILITY EG5844465 05/15/05 05/15/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE S(RENTED $300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO. LOC C AUTOMOBILE LIABILITY CAS053738 05/15/05 05/15/06 COMBINED SINGLE LIMIT X ANY Aero accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PerPew) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (P-accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY EGU5844466 05/15/05 05/15/06 EACH OCCURRENCE $5,000,000 X OCCUR F1 CLAIMS MADE AGGREGATE $5,000,000 $ RDEDUCTIBLE $ X RETENTION $10000 $ B WORKERS COMPENSATION AND Z046330105 06/29/05 06/29/06 X WC Ljtkr OER EMPLOYERS'LIABILITY E.L EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rhe City of Fort Worth,its officers,agents,employees,representatives, and volunteers are named as Additional Insureds as respects operations and activities of,or on behalf of the named Insured,performed under contract Nith the City of Fort Worth on the General Liability Policy and Automobile See Attached Descriptions) ,ERTiFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ An DAYS WRITTEN 1000 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth,TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA %CORD 25(2001108)1 of 3 #M152171 kftz o ACORD CORPORATION 1988 form of the primary coverage. j. "Unless otherwise stated, all required insurance shall be written on the "occurrence basis"". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. k. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. FOR PURPOSES OF THIS REQUEST FOR PROPOSAL, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S)FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE. The following shall pertain to all applicable policies of insurance (1. through 4.) listed above: a. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth." Exception... the additional insured requirement does not apply to Workers' Compensation policies b. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. c. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. d. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. e. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. f. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. g. Waiver of rights of recovery (subrogation)in favor of the City of Fort Worth. h. Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. i. If insurance policies are not written for specified coverage limits, an Umbrellas or Excess Liability insurance for any differences is required. Excess Liability shall follow 2.9 INSURANCE CERTIFICATES 2.9.1 The successful Provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Provider shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Provider submit its entire policy for inspection. 2.9.2 The successful Provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Provider shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Provider submit its entire policy for inspection. "A. Commercial General Liahility Insurance-$1,000,000 each occurrence. "B. Professional Liahilit;Insurance -$1,000,000 each ocurrence. "C. Automohile Liahility In-suranaLm— a) Coverage on vehicles involved in the work performed under this contract: ♦ $1,000,000 per accident on a combined single limit basis or. ♦ $500,000 Bodily injury/person ♦ $500,000 Bodily injury/accident ♦ $250,000 Property damage b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000 Bodily Injury each accident; $15,000 Property Damage each accident.The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. "D. Worker's Compensation— a) Statutory limits for Worker's Compensation plus b) Employer's liability at a minimum: ♦ $1,000,000 each accident; ♦ $1,000,000 disease-policy limit; and ♦ $500,000 disease-each employee. "E. Environmental Impairment Liahility(FII ) and/or Pell u ion Halaift- $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). ENVIRONMENTAL 2737 Bryan Ave LIGHT Fort Worth,Texas 76104 RECYCLERS (817)924-9300 "We Put The Lights Out Safely" SAFETY AND INSPECTION PROGRAM 1. Purpose: To establish the safety policies, procedures, and guide lines for the daily operations of Environmental Light Recyclers(ELR). 2. Scope: This program outlines safety procedures for all employees of Environmental Light Recyclers. The procedures established by this program are designed to complement existing and applicable regulation and directives of City, State, and Federal Governments. Environmental Light Recyclers (Safety) 1. Purpose: A. This establishes the safety policies, procedures, and guide lines for the daily operation of Environmental Light Recyclers. B. The purpose of the Environmental Light Recyclers Safety Program is to prevent the needless loss of human and material resources through a continuous and comprehensive accident prevention effort through out all levels of management, operation, and activity thereby retaining the facility's effectiveness. 2. Scope: The provisions herein are applicable to all employees of Environmental Light Recyclers. This program is designed to supplement regulations and directives established by federal, state, and local agencies and the management. Should subsequent publications conflict with any policy herein, the provisions of the governing regulation will take precedence. 3. Administration: A. Safety Councils will be held semi-annually at the corporate office. B. Files will be established as per OSHA regulations. 4. Duties and Responsibilities: Managers at all levels have the responsibility for all aspects of safety. A. Facility Managers: (1) Maintain a current pre-accident plan and monitor through testing. (2) Conduct safety meetings monthly. (3) Develop an accident prevention awards program. (4) Review driving records. (5) Establish and maintain mishap prevention bulletin boards, a reference library, safety literature, safety records, statistics, and functional files. (6) Monitor fire prevention, hearing conservation, HAZCOM/ Environmental program, everyday operations, and training. (7) Conduct semi-annual safety surveys using the Hazard Inventory Log with acceptable check lists. Conduct weekly walks through the work areas and make on- the-spot corrections. Ensure personnel support the Five Step Process. (8) Supervise the preparation and submission of accident reports in a timely manner. (9) Insure that each of the following programs are evaluated. (a) Fire Prevention (Semi-annually). (1) ELR (Safety) (b) Hazard Awareness: (Ongoing). (c) Risk Assessment (Ongoing). (d) Pre-accident Plan (Semi-annually). (e) Lifting Device and Test Program (Semi-annually). (f) HAZCOM (Semi-annually). B. Supervisors: (1) Assist the Facility Manager in executing his/her duties. (2) Ensure that all personnel comply with applicable safety policies, procedures,and directives. (3) Make daily walks through work areas and make on the spot corrections of safety deficiencies. Deficiencies not immediately correctable will be recorded for follow up action. A copy will be given to all concerned management personnel for reference and action. (4) Instill safety conscious attitudes in all personnel. He/She will set the example for safe practices and procedures. C. All Personnel: (1) While ELR establishes the safety program and the managers and supervisors implement the program,the individual employee is ultimately responsible for safety. Each and every individual is responsible and accountable for safety. (2) Maintain a positive accident prevention attitude. (3) Abide by all safety regulations and directives. (2) ELR (Risk Assessment) 1. Purpose: The intent of this program is to identify risks associated with a particular operation. 2. Scope: Applies to all personnel with ELR. 3. General: The goal of the "Risk Assessment" program is to identify risks associated with a particular operation and compare these risks against the overall value of the job. The advantages of "Risk Assessment" for ELR are: A. Detect risk and hazards before losses. B. Provide risk reduction alternatives (change drivers, delay departure times, etc.). C. Better management decisions. D. Greater integration of safety. E. Increase production capabilities. 4. Responsibilities: A. Supervisors and workers will understand and comply with the Risk Assessment Program as outlined below : (1) Risk Identification: Detect hazards and risks associated with the job. This involves gathering information and completing a close examination of each phase of the operation to determine the possible risks. (2) Risk Countermeasure: If the risk can not be eliminated then it must be reduced and controlled at the lowest level possible. If the risk cannot be lowered, then the final decision must be made at the appropriate higher levels. B. Supervisors and Safety Representatives: Will Monitor the Risk Assessment Program and brief the Facility Manager on any deficiencies. 5. Controls: A. To determine the risk implications. Two questions which must be answered are: (1) What is the likelihood of an accident? (2) What degree of injury or damage is possible? B. No unnecessary risks will ever be taken. (1) ELR (Safety Survey/Inspections) 1. Purpose: To establish frequency, area of responsibility and reporting requirements for conducting safety surveys and other required inspections. 2. The following 5-step accident prevention process will be used when inspecting: A. Identify Potential Hazards B. Identify System Defects C. Recommend Countermeasures D. Implement Countermeasures E. Control(Enduring Countermeasures are as planned) 3. One of the following Risk Assessment Codes will be assigned to each fording: A. Critical I B. Moderate II C. Negligible III 4. Any deficiency noted during the survey will be documented with a recommended corrective action, risk assessment, and a suspense date. Supervisors are responsible to ensure that corrective actions are completed. A copy of the findings and corrective actions will be maintained by the Facility Manager. 5. Types of Inspection: A. Walk around inspections: Will be conducted on a regular basis. Corrections will be made on the spot with documentation not required.. B. Hazards Inspections: Will be conducted by the Facility Manager semi- annually. A copy of the deficiencies will be given to each section for corrective actions. Hazards not corrected on the spot will be assigned a Risk Assessment code. C. Corrective actions will be taken immediately to correct hazards with a Risk Assessment Code of I. Follow up inspections will be conducted to ensure that hazards are corrected. 6. Inspection Schedule: A. Daily: See Facility Inspection Checklist and Daily Activity Report for daily inspection areas and procedures. B. Weekly: Inspect lamp processor carbon vessels and take mercury vapor reading from vessel connecting pipe. (1) C. Monthly: Take lamp processor stack/vent mercury vapor emissions reading. D. Annually: Formal plant safety and environmental compliance survey. An outside agency will be used to conduct this inspection. (2) Daily Lamp Room 1) Vapor reading twice a day - morning and at the end of the day 2)Check Powder Drum levels and check for leaks 3)Make walk around of lamp machine checking to ensure everything is working properly Warehouse 1)Check Ballast Drums for leaks 2)Check Battery Drums for leaks 3)Check operation of fork lifts Monthly 1)Vapor reading from Stack and Ports on lamp machine 2)Check and clean filters on AC units Month Day Stack Port Int. January February March April May June July August September October November December .Ra ' � ����� •". &.�'F�. 5�8 c ;� � Office Warehouse Lamp Rm Input Drums Alum Out Glass Out Office Warehouse Lamp Rm Input Drums Alum Out Glass Out Powder Drums Level Start/Da End/Da Drums Check HQ Powder Debris Drums Check Ballasts Batteries ELR (Accident Reporting) 1. Accidents involving Environmental Light Recyclers employees must be reported to the Facility Manager regardless of when or where it may have occurred. 2. Accidents which require reporting are: A. Any accident involving Environmental Light Recyclers vehicles or damage to the equipment. B. Any injury. C. Any property damage. D. Any fire in the facility. E. Any spill or breakage of 30 lamps or more. 3. All reportable accidents will be investigated by the Facility Manager. He will determine if any forms (Accidents Reports) are required. If a accident form is not required,then he will report it verbally up the channels. 4. If an accident form is required, all applicable sections will be filled out and the report sent to higher management. (1) ELR (Safety Awards) 1. Purpose: To promote safety within awareness Environmental Light Recyclers by timely recognition of outstanding individual effort. The following may be presented: A. Individual Impact Safety Awards: (1) Employees will be submitted for an impact award in recognition for outstanding performance support of the safety program. (2) Suggested incentives to support this program may include but are not limited to special privileges,Letters of Commendation, Certificates of Achievement. B. Driving Awards: (1) Performed assigned duty as a driver or assistant driver of Environmental Light Recyclers vehicles for a minimum of twelve consecutive months, or driving at least 8000 miles with no motor vehicles accident or traffic violations. (2) The Supervisor will review the records quarterly to identify employees who meet the requirements above, and forward their names to the Facility Manager for an appropriate award presentation. (1) ELR (Facility Safety) 1. Purpose: To establish the minimum acceptable Safety Standards expected of all employees at the facility. Safety regulations, prescribe sage methods, and practices to safeguard personnel and equipment. It is every person's responsibility to use them. A. Smoking is prohibited in the facility. Smoking is permitted only in designated areas outside the facility. B. Wear the appropriate clothing and equipment required for the job (use MSDS) to include eye and hearing protection. C. Remove all jewelry while on the job. D. Clean all liquid spills immediately to prevent slips, falls, or contamination. Follow Mercury Spill Containment Plan for lamp breakage or phosphor powder spills. E. Maintain a clean work area at all times and ensure that the work areas are cleaned at the end of the day. F. Ensure that all tools are accounted for at all times. Use the proper tool for the task. Mark and turn in all unserviceable tools to the supervisor. G. Maintain a high level of safety awareness, be alert, and use good judgment at all times. If it doesn't make sense, then don't do it! H. Take the time to plan, brief, and supervise your work. Ask for assistance when needed. I. Report all hazards to your supervisor and make on the spot corrections. J. YOU ARE RESPONSIBLE FOR SAFETY. Make the commitment to safety and set the example. (1) ELR (Vehicle Safety) 1. Purpose: To prevent vehicle accidents that can cause injury to employees, the public, and/or damage to property. 2. Scope: Applies to all employees, who within the scope of their employment, drive vehicles owned, rented, or leased by Environmental Light Recyclers operate their personal vehicle(regardless of frequency)while conducting official business. 3. Responsibilities: A. Employer: (1) Establish accident reduction goals. (2) Obtain and review employee driving records. (a) New employees or applicants vehicle operator driving records will be obtained from the Texas Department of Public Safety. Driver acceptability criteria will be applied to determine High Risk operators prior to an offer of employment. (See Risk Assessment Section). (b) Current employees who drive for Environmental Light Recyclers will have their driving records reviewed quarterly. Driver acceptability criteria will be applied to determine High Risk vehicle operators will be used as assessment criteria to remove employees from vehicle operator duties. (See Risk Assessment Section). (3) Provide a safe working environment. (4) Investigate all accidents, review all findings, and make recommendations. (5) Enforce safety rules and procedures. (6) Set the example. B. Employee: (1) Acknowledge receipt and understanding of the policy. (2) Read, understand, and follow all traffic laws, safety rules and procedures. (3) Demonstrate professional driving skills. (1) ELR (Vehicle Safety) (continued) (4) Take no unnecessary risks and report all hazards to your supervisor. (5) Report all accidents or "near misses" to your supervisors. (6) Attend all safety meetings and safety training classes. 4. Education and Training: Is an essential part of any successful accident prevention program,because it provides a basis for future attitude and behavior changes. (1) Employees will attend continuing education courses or programs offered by the Company. (2) Drivers will maintain hazardous material certification. A. Employer: (1) Establish safety training goals and objectives. (2) Provide Defensive Driver/Driver Improvement training and other drivers education programs (to include remedial driver safety training). (3) Conduct new driver orientation and driver skill evaluation prior to full-time driving duties. (4) Periodically evaluate the effectiveness of training. B. Employees: (1) Review monthly at fault accident reports posted on bulletin boards. (2) Attend safety meetings. (3) Attend annual Defensive Driver/Driver Improvement training. C. New Employee Orientation: (1) Include Environmental Light Recyclers goals and objectives for the overall safety program on and off the job. (2) Provide specific vehicle policies (including those requiring the use of seat belts) enforcement procedures and local requirements applicable to motor vehicle operation. (2) ELR (Vehicle Safety) (continued) (3) Include those motor vehicle preventative maintenance requirements that are the operators' responsibility. (4) Provide instructions on motor vehicle accident reporting. 5. Vehicle Inspection, Operation, and Loading: A. Inspection: (1) Drivers will inspect vehicles per the Daily Vehicle Inspection Checklist prior to any vehicle operation or movement. (2) Inspection results/faults will be recorded on the checklist. Safety faults (lights, signals, tires, brakes, leaks, etc.) will be immediately reported to Operations. (3) Drivers will conduct periodic "walk around" inspections prior to the resumption of vehicle operation following rest/relief stops and/or refueling operations. Particular attention will be paid to tire condition, lights, signals, leaks, etc. Drivers will also check load condition and security. B. Vehicle Operation: (1) Vehicles will be operated safely and within manufacturers design limits. (2) Safety, courtesy, accident prevention, and USDOT compliance are the drivers' first and only concern. (3) Drivers will comply with all posted speed limits and traffic rules and regulations. USDOT driver on-duty requirements and restrictions will be strictly observed. (4) At no time will riders other than other Company employees be allowed to ride aboard or operate Company vehicles. C. Vehicle Loading: (1) Drivers are directly responsible for the proper positioning of loads within their vehicles and properly securing loads to prevent shifting during transport. (2) Prior to accepting materials aboard vehicle for transport, drivers will ensure that the materials are authorized for acceptance at ELR facilities. Materials that drivers may accept are fluorescent lamps,HID lamps, incandescent lamps, PCB and Non- PCB lighting ballasts and capacitors, mercury-containing devices, computer monitors, CPU's,and peripherals, and batteries. (3) Drivers will ensure that all materials accepted are packaged IAW USDOT and/or USEPA standards. Lamps will be packed in sealed cardboard or fiber containers, ballasts and capacitors will be packed in sealed bolt-lock top steel drums meeting 1A/Y200 drums, and batteries are packed in poly drums with secure lids. (4) Drivers will inspect containers to ensure that proper labels and identifying markings are present. (5) Vehicles will be loaded in such a way that proper axle weight distribution and balance requirement are met. (6) Load security is critical. Drivers will ensure that load restraining bars or straps are installed to prevent shifting of loads during vehicle operation. ELR(HAZCOM) 1. Purpose: Establishes the Federal Hazardous Material Communication (HAZCOM) implementation program by Environmental Light Recyclers. 2. Scope: Applies to all personnel who work for Environmental Light Recyclers. 3. Responsibilities: A. Facility Manager: (1) Identify a Hazardous Material Communication and Environmental Representative. (2) Ensure compliance with regulations concerning environmental protection and use of hazardous materials. (3) Arrange and conduct hazardous material communication training. (4) Maintain a file of HAZCOM inspections and a master copy of the Material Safety Data Sheets. (5) Maintain a inventory list of all hazardous materials in the facility. B. Hazardous Material Communication and Environmental Protection Representative: (1) Assist Facility Manager with regulatory compliance concerning environmental protection and use of hazardous materials. (2) Assist the facility Manager to arrange and conduct hazardous material communication training. (3) Ensure a file of Material Safety Data Sheets (MSDS) is available to employees for all materials used or stored. (4) Ensure that the required protective clothing and equipment for all employees is on hand, serviceable and properly maintained. (5) Ensure hazardous materials are labeled, tagged, marked and properly stored. (6) Ensure hazardous materials are disposed of properly. Seek guidance from the Facility Manager. C. All Personnel: (1) Responsible for being familiar with safety precautions associated with hazardous chemicals and materials. (2) Know the locations of pertinent MSDS. (3) Complying with hazardous materials safety requirements, policies, and procedures. (1) ELR (HAZCOM) (continued) 4. Spills: Anyone becoming aware of a spill or accidental exposure to a hazardous substance will immediately notify the Facility Manager or Environmental Representative. If the spill can be safely stopped or reduced,personnel discovering it will do so. 5. Hazardous Communication Requirements: A. Labeling, Tagging, and Marking: (1) Shipping containers from manufactures are required to be labeled with the identity of the material contained. Containers not adequately labeled will not be accepted or shipped. (2) Containers of hazardous substances must be properly labeled, tagged, or marked. B. Material Safety Data Sheets (MSDS): (1) MSDS Provide critical information on handling requirements, flash points, protective clothing necessities, equipment requirements, and disposal of the substance. (2) Manufactures, distributor, and suppliers are responsible to forward the MSDS with all shipments. C. Personnel Education and Training: (1) All personnel with Environmental Light Recyclers are required to attend a 4 hour block of instruction on Hazardous Material Communication. (2) The hazardous communication training will be documented and kept on file with the Facility Manager. 6. Environmental Protection: A. This Facility will follow procedures that comply with federal, state, and city regulations. B A hazardous material accumulation point is located in the facility. The following guidelines must be followed when using this point. (1) Drums will be properly marked. (2) Drums will be properly secured. C. Drip pans will be placed under all vehicles, and other equipment where the component leaks. (2) ELR (Bearing Conservation) 1. Purpose: To provide guidance and procedures for the prevention of hearing loss within Environmental Light Recyclers. 2. Scope: This details the use of noise hazard evaluations, posting noise hazardous areas, use of hearing protection, and the supervision and discipline of all employees of Environmental Light Recyclers. 3. Responsibilities: A. Facility Manager and Supervisors will: (1) Ensure all personnel are issued and are using hearing protection in the appropriate areas. (2) Monitor Hearing Conservation Programs. (3) Ensure noise hazard surveys are accomplished annually. (4) Provide hearing conservation education, literature, and ensure hearing conservation principals are followed. (5) Ensure all noise hazard areas are clearly marked. 5. Conduct of the Program: A. The hearing conservation program will be conducted IAW OSHA Regulations. B. Evaluations of suspected hazardous noise levels will be requested promptly. This evaluation will be performed by trained Industrial Hygiene Personnel using approved instruments. Hazardous noise areas will be marked with caution signs, indicating both the presence of hazardous noise levels and the need for hearing protection. C. The use of noise attenuation devices will be strictly adhered to in areas where noise hazards exists (85 DBA or above). The following noise protection devices are recommended for use are: aural protectors (ear muffs), communication headsets, or earplugs. 6. Personal Hearing Protective Devices: A. Protective devices must be worn when steady noise levels exceed 85 DBA and when impulse noise levels exceed 140 DBA. Exposure to impulse noise in excess of 165 DBA requires the wearing of earplugs in combination with ear muffs. B. Environmental Light Recyclers will provide hearing protective devices to all workers and visitors. ELR (Heat and Cold Injury Prevention) 1. Purpose: To provide guidance for the prevention of heat and cold injuries during work activities. 2. General: To work under adverse conditions, employees must recognize heat and cold systems. At the same time they must adequately protect themselves against the elements under working conditions. 3. Responsibilities: A. Facility Manager: (1) Train personnel to recognize and avoid injuries. (2) Determine when to implement the working modifications. (3) Ensure proper acclimatization of newly assigned employees. 4. Reporting: All heat and cold injuries, regardless of disposition, will be reported to the Facility Manager. 5. Hot Weather Injuries: A. High risk individuals: Certain individuals are at higher risk of experiencing heat injuries. These people include: (1) New employees that are not acclimatized to job and temperature demands. (2) Do unusually heavy work. (3) Poor physical condition. (4) History if previous injury. (5) Have other medical problems. (6) Are taking medications. B. Preventive Measures Include: (1) Diet, increase water and salt intake. (2) Acclimatization. (3) Facility heat stress monitoring. (4) Work modification. 6. Cold Weather Injuries: A. All cold weather injuries are preventable. (1) ELR (Beat and Cold Injury Prevention) (continued) B. Attention to and recognition of cold hazards will allow personnel to adequately protect themselves. C. Cold injuries often occur where normally mild but rapid changing weather can lull personnel into taking inadequate protective measures. D. High risk individuals: Certain individuals are at higher risk of becoming a cold weather casualty,these include: (1) Personnel who have suffered a previous cold injury. (2) Individuals under the added stress of (a) Injury. (b) Fatigue. (c) Under medications. (d) Under the influence of alcohol. E. Preventive Measures Include: (1) Appropriate and adequate clothing. (2) Measures to prevent soaking of clothing. F. Higher risk injury is generally incurred at temperatures below 20 degrees F. At temperatures below 35 degrees F. the clothing should include head and hand cover. (2) ELR (Fire Prevention) 1. Purpose: To establish procedures and policies for the prevention of fires. Set standards and actions to take in case of fire. 2. Scope: This pertains to equipment and personnel working for Environmental Light Recyclers. 3. General: Fire prevention, protection from fires, and evacuation of areas threatened with fire is the responsibility of all personnel. With the cooperation of all concerned, these procedures can prevent fires and minimize potential injury and loss of equipment in the event of a fire. 4. Responsibilities: A. Fire prevention and the prevention of injuries and loss of life or equipment from a fire is everybody's responsibility. B. Facility Manager: (1) Know and enforce all fire prevention regulations. (2) Coordinate the activities with the facility fire representative and function as the liaison with higher levels of management. (3) Maintain a record of fire inspections on the facility. (4) Conduct and record semi-annual fire drill/evacuation plan. (5) Coordinate the training on proper action to take when discovering a fire,the proper use of fire extinguishers, and the individuals responsibility and liability. C. Facility Fire representative: (1) Know and enforce all fire prevention regulations. (2) Assist and report any fire prevention problems to the facility manager. (3) Instruct all occupants in the use and location of fire alarms. (4) Make timely corrections to the Fire Departments fire prevention inspections. Corrections will be made on the spot for high risk deficiencies. 5. Actions in the Event of a Fire: A. Any person discovering a fire regardless of type or size will immediately alert all personnel in the building and report the fire to the fire department by the quickest available means. (1) ELR (Fire Prevention) (continued) B. Telephone: Dial 911 and report the fire. Remain on the line until all information is received by the operator. (Address is the utmost importance to the fire department). 6. After Reporting the Fire: A. Alert all personnel in the involved and adjoining building and close all doors, windows, and shut off all electric circuits. B. During the time that the alarm is being turned in or immediately afterwards all available personnel will exert every effort to extinguish the fire using all available fire fighting equipment. C. In the event that the fire is in a closed or locked room,no attempt will be made to enter or open the fire area, except for the rescue of trapped personnel. D. All personnel will evacuate and assemble in the designated assembly area (parking lot) after all attempts are exhausted in putting out the fire. 7. Fire Fighting Equipment: A. Portable fire extinguishers and other first aid fire fighting equipment will be used for fire fighting or training purpose only. B. The Facility Fire Representative is responsible for monthly inspections of fire fighting equipment. C. Fire extinguishers in vehicles must be in good operating condition and available to the driver. All drivers will be familiar with the use of the fire extinguisher. In addition he/she will also be responsible for daily inspection and or the replacement of the fire extinguisher as required. 8. Smoking: A. Smoking is prohibited without exception in the facility. B. Each individual smoker is responsible for the safe disposal of smoking materials. Under no circumstances will smoking materials be disposed of in waste baskets or any type of container which is combustible or which contains combustible materials. (2) ELR (Fire Prevention) (continued) 9. Fire Precautions and Control Measures: A. When not in use and at the end of the day all electrical appliances such as radios,coffee pots, and computers will be turned off. B. Tampering with electrical appliances is prohibited. C. All appliances being used in the facility will bear the "UL" tag. D. Trash and litter will not be permitted to accumulate. Trash will be removed daily. E. A high degree of general cleanliness and order will be maintained at all times in the facility. F. Daily visual inspections will be made by the Facility Manager or Facility Fire Representative of the offices, production room, and warehouse area to ensure that all fire hazards are eliminated. G. All exits will be plainly marked, capable of being opened from the inside during work hours, and free of obstructions both inside and outside. H. Fire extinguishers will be clearly visible and free of obstructions at all times in the facility. 10. Flammable Material: A. Flammables such as POL products and paint will be stored in appropriate containers. B. The use of flammables such as gasoline will not be used for cleaning. 11. Fire Prevention in Vehicles: A. Drivers will exercise extreme caution when re fueling to prevent over filling, spillage and will not allow usage of refueling equipment that is leaking or otherwise unsafe. B. Drivers will check for and promptly report any fuel or POL leak of their vehicle. C. All vehicles will have a operational fire extinguisher assigned and in the vehicles at time of dispatch. (3) D. Vehicles/Equipment will not have their engines running during refueling operations. 12. Fire Extinguisher Marking: All fire extinguishers will be marked. (4) ELR (Confined Space Operations) 1. Purpose: To prevent any accident that will cause injury to employees. 2. Scope: Applies to all employees of ELR. 3. General: Anytime when there is a need to go into a confined space, personnel will ensure that the following has been accomplish before entry into that area. A. All power to the machine is off and that the lock out is in place. B. One person will be located outside the machine at all times when there is a person in the confined space. C. All personnel will wear the proper PPE. (1) ENVIRONMENTAL 2737 Bryan Ave LIGHT Fort Worth,Texas 76104 RECYCLERS (817)924-9300 "We Put The Lights Out Safely" RESPIRATORY PROTECTION PROGRAM FOR ENVIRONMENTAL LIGHT RECYCLERS TABLE OF CONTENTS I. Purpose II. Basic Operating Procedures III. Respirator Selection IV. Training A. Use of Respiratory Protective Equipment B. Airborne Toxic Contaminants C. Oxygen Deficient Atmospheres D. Types of Respirators *Air Purifying Respirators *Air Supplied Respirators E. Maintenance and Care F. Training Documentation V. Respirator Maintenance VI. Fit Testing VII. Medical Evaluation I. PURPOSE This Respiratory Protection Program is designed to provide respiratory protection to Environmental Light Recyclers employees who may be working in areas contaminated with particulates, vapors, mists, fumes, or other contaminants. The Lamp Processor produces possible particulates. Thus, a suitable respirator is REQUIRED to be worn by employees working around the Lamp Processor while it is in operation or during processor maintenance. This Respiratory Protection Program will help insure that the proper type protection is provided, used, and maintained appropriately. NO Environmental Light Recyclers operations anticipate oxygen deficient atmospheres. Should you even SUSPECT AN OXYGEN DEFICIENT ATMOSPHERE, LEAVE THE WORK AREA IMMEDIATELY AND REPORT CONDITION IMMEDIATELY TO YOUR SUPERVISOR. Many times oxygen deficient atmospheres occur in confined spaces. NEVER ENTER A CONFINED SPACE SUSPECTED OF CONTAINING AN OXYGEN DEFICIENT ATMOSPHERE. This "Respiratory Protection Program" promotes engineering controls as far as feasible; however, when effective engineering control measures are not feasible, then respiratory protection becomes necessary. Our personal protective equipment procedures may include other protective clothing in addition to respiratory protective equipment. H. BASIC OPERATING PROCEDURES 1. Respirators will be provided to employees working in the following areas: AREA AIRBORNE CONTAMINANT RESPIRATOR TYPE Processing Room Mercury Half-Face Processing Room Lead Half-Face 2. All employees working in this (these) area(s) are REQUIRED to properly wear the provided respirators for that exposure. 3. Respirators will be selected on the basis of hazards to which the worker is exposed. 4. The wearer will be instructed and trained in the proper use of the respirators, as well as their limitations. 5. Respirators will be stored by employees in a sealed zip-lock plastic bag or other sealable container that is provided. 6. Unused respirators will be kept stored separately from used respirators. 7. Respirators will be replaced according to guidelines provided by the manufacturer. 8. Respirators will be assigned to individual workers for their exclusive use. 9. Respirators will be regularly checked,cleaned, and disinfected by the employee. 10. A convenient, clean, and sanitary location is provided for respirator storage. 11. Respirators used routinely will be inspected during cleanup. Worn or deteriorated parts will be replaced. 12. A fit test will be conducted by the supervisor for every employee wearing a respirator. 13. There will be a regular inspection and evaluation to determine the continued effectiveness of the Program. 14. Workers will not be assigned to tasks requiring use of respirators unless it has been determined that they are physically able to perform the work and use the equipment. A local physician will determine what health and physical conditions are pertinent. The respirator users'medical status will be reviewed annually. 15. The respirator furnished will provide adequate respiratory protection against the particular hazard for which it is designed in accordance with the standards established by competent authorities. The MSHA and NIOSH are recognized as such authorities. 16. Safety meetings will, at least annually, address the Respiratory Protection Program. 17. Breathing air quality(for supplied air respiratory equipment)(if any): a. Compressed air used as breathing air will be of high purity. Breathing air will meet applicable requirements. b. Breathing air may be supplied to the respirators from approved cylinders or air compressors. c. Plant type air is prohibited form use as breathing air. d. Company policy is to use only Company owned equipment(compressors). e. Compressors will be positioned to avoid entry of contaminated air into the system. Suitable inline air purifying absorbent elements and filters will be installed to ensure breathing air quality. f. Oil-lubricated compressors will have a high-temperature or carbon monoxide alarm or both. If only a high temperature alarm is used the air from the compressor will be frequently tested for carbon monoxide to ensure its purity. g. Breathing air line couplings will be incompatible with line couplings for other air or gas systems at Company facilities to prevent connecting air line respirators with non-respireable gases or air. III. RESPIRATOR SELECTION The selection of respiratory protective equipment will be made on the basis if the products and substances used in each Company operation, the physical form (liquid, gas powder, solid, etc. ) in which they are used and how they are specifically used. In selecting the correct respirator for a given circumstance, the following specific factors will be taken into consideration: 1. Nature of the Hazard. In order to make subsequent decisions,the nature of the hazard must be identified to ensure that an overexposure does not occur. The following considerations must be included in this identification: a. Oxygen Deficiency. (1) NIOSH/MSHA approval for supplied-air and air-purifying respirators are valid only for atmospheres containing greater than 19.5% oxygen. If it is determined that an oxygen deficient atmosphere may exist,then selection must be made from the two types of appropriate respirators specified in Figure one. (2) If oxygen deficiency is not and issue, then the contaminants and their concentrations must be determined. b. Physical Properties of the Hazard. Physical properties considered include: -Physical state; -Particle size; -Molecular weight; -Vapor pressure. c. Chemical Properties of the Hazard. Chemical properties include: -Solubility in water and other liquids; -Reactivity with other chemicals; -Hazardous decomposition products. d. Physiologic Effects on the Body. Determine the toxicological (including synergistic)effects on the body in terms of: -Eye irritation; -Skin absorption; -Adverse effects (if any) on olfactory sense. e. Actual Concentration of a Toxic Compound. If a measurement has been made, then this is extremely useful information because bounds are established for the degree of protection necessary. This is used in conjunction with permissible exposure limits to select the correct respirator. f. Permissible Exposure Limits (PEL). The permissible exposure limits (time- weighted average or ceiling value) is used to establish proper selection. The concentrations and PEL are compared to protection factors assigned to certain types of respirators. g. Warning Properties. If an air -purifying respirator is used for protection against gas or vapor contaminants, then there must (with limited exceptions) be suitable warning properties of contaminant breakthrough or respirator malfunction. (1) Adequate warning properties can be assumed when the odor, taste, or irritation effects of the substance are detectable and persistent at concentration at or below the PEL. (2) If the odor or irritation threshold of a substance occurs at concentrations greater than three times the PEL, this substance should be considered to have poor warning properties. (3) If the odor or irritation threshold is somewhat above the PEL (but not in excess of three times the limit) and there is no ceiling limit, determine whether an undetected exposure in this concentration range could cause serous or irreversible health effects. If not, the substance is considered to have adequate warning properties. In such a situation, it is expected that environmental concentrations will vary considerably, and warning of respirator failure would therefore soon be perceived at contaminant concentrations somewhat above the PEL. (4) It is important to realize that NIOSH\MSHA approvals for respirators generally do not apply to gases or vapors with poor warning properties except where the device is equipped with an end-of-service life indicator. 2. Nature of the Hazardous Operation. For proper respirator selection, it is necessary to know the details of operations which require workers to use respiratory devices. These include: -Operation or process characteristics; - Work area characteristics; - Materials used or produced during the process; - Workers' duties and actions; -Abnormal situation characteristics which may necessitate different respirator selection; i.e.,upset conditions or emergencies. 3. Location of the Hazardous Area. This is important in the selection process so that backup systems may be planned if necessary. Breathable air locations must be known prior to entry into a hazardous area so escape or emergency operations may be planned. 4. Time Respiratory Protection Is Required. The length of time a respirator will have to be worn by a worker is a factor which must be evaluated. This is most pronounced when using a Self-Contained breathing Apparatus (SCBA), where, by definition, the air supply is finite. Time is also a factor during routine use of air-purifying respirators when worker acceptance and comfort are essential to ensure proper use of the device. 5. Employee's Health. Effective usage of a respirator is dependant on an individual's ability to wear a respirator, as determined by a physician. Most respiratory devices increase physical stress on the body, especially the heart and lungs. Care should be taken to ensure that a medical determination has been made that an individual is capable of wearing a respirator for the duration of the work assignment. 6. Work Activity. The type of work activities performed while wearing a respirator is vitally important in the respirator selection. The proper respirator will be one which is least disruptive to the task being conducted yet provides the desired protection. 7. Respirator Characteristics, Capabilities, and Limitations. Manufactures can provide a description of various respirator characteristic, capabilities,and limitations. 8. Protection factors. The protection afforded by respirators is dependent upon the seal of the face piece to the face, leakage around valves, and leakage though or around cartridges or canisters. Depending on these criteria, the degree of protection may be ascertained and a relative safety factor assigned. Protection factors are only applicable if all elements of an effective respirator program are in place and enforced. a. The protection factor is a ratio of the air contaminant concentration outside the respirator to the air contaminant concentration outside the respirator face piece. The higher the protection factor,the greater the degree of protection offered by the respirator. b. Protection factors are used in conjunction with permissible exposure limits to contaminants to estimate the upper concentration limits to which respirators can be safely used. c. Protection factors are invalid when employees remove their respiratory protection for unspecific periods while in the contaminated atmosphere. IV. TRAINING All Environmental Light Recyclers employees will be trained in the proper use of the respiratory equipment assigned to or used by them. Periodic refresher training will be conducted(at least annually)for all Company employees using respiratory equipment TRAINING WILL INCLUDE THE FOLLOWING SUBJECTS: A. USE OF RESPIRATORY PROTECTIVE EQUIPMENT 1. Instruction will be provided in the nature of the exposure, whether acute, chronic, or both, and an honest appraisal of what may happen if the respirator is not used. This instruction will also include the type of contaminants to which the wearer may be exposed. 2. Every respirator wearer will receive fitting instructions including demonstration in how the respirator should be worn, how to adjust it, and how to determine if it fits properly. 3. Every respirator wearer will be given an opportunity to handle the respirator, have it fitted properly, test its face piece-to-face seal, wear it in normal air for a long familiarity period, and finally,to wear it in a test atmosphere. 4. Each wearer will be tested for fit on a specific type of respirator. The qualitative fit method determines the respirator Maximum Use Limits based on the simplest fit testing. An appropriate irritant smoke tube is used to determine if the respirator leaks. The most common irritant smoke used to test for a proper seal is isoamyl acetate which is odorous but harmless. The Maximum Use Limits from this test are very close to the protection factors proposed by OSHA. The face piece-to-face seal can be tested daily by the wearer. To determine if a proper seal is made, the exhalation valve can be closed off and exhalation will cause a slight positive pressure buildup in the face piece without leakage of air at the seal. Another simple test is to close off the inhalation openings. Inhalation should then cause the face piece to collapse and remain collapsed for a few seconds. 5. If more than one type of contaminant is present in the area, the filter cartridge or canister selection will be reviewed and the wearer instructed of the protection capabilities of the selected filter, cartridge, or canister. 6. Every respirator wearer will be instructed as to respirator limitations. a. Respirators will not be worn when conditions prevent a good face seal. Such conditions may be a growth of a beard, side burns, a skull cap that projects under the face piece, or temple pieces on glasses. b. The absence of one or both dentures can seriously affect the fit of a face piece. c. The worker's diligence in observing these factors will be evaluated by periodic check. 7. To assure proper protection, the face piece fit will be checked by the wearer each time he/she puts on the respirator. B. AIRBORNE TOXIC CONTAMINANTS Instruction will be provided as regards contaminants. Airborne toxic contaminants fall into two basic categories namely: Particulates and gases or vapors. 1. Particulates include dusts, sprays, fumes,mists, and smokes. 2. Gases are formless fluids that expand to occupy the space or enclosure in which they are confined. Vapors result when a solid or liquid is converted by heating into a gaseous state, and is the result of volatilization or sublimation. C. OXYGEN DEFICIENT ATMOSPHERE Instruction will be provided as regards oxygen deficiency. An oxygen deficient atmosphere is one which contains less then 19.5 percent oxygen by volume at sea level. An oxygen deficient condition may exist in unventilated cellars, wells, lift stations, tanks or burning buildings. Oxygen deficiency can occur if a large amount of inert gas such as helium is released into the work area. D. TYPES IF RESPIRATORS Generally,there are two classes of respirators: *Those which purify the air, or remove contaminants; *Those to which air or oxygen is supplied. Instruction will be provided as regards each of these classes. *AIR PURIFYING RESPIRATORS: Air purifying respirators, as their names denotes, remove the contaminants from the inhaled air either by mechanical filtration or chemical absorption. The general limitation placed on all purifying respirators is that they must only be used in atmospheres containing adequate oxygen to support life. An air purifying respirator consists of a full- face piece, half-mask or mouthpiece equipped with an air purifying filter cartridge, or canister to remove gases, vapors, or particulate matter from the ambient air prior to its inhalation. Air purifying respirators can be separated into three categories: *Particulate removing; *Gas and vapor removing; *Combining gas,vapor and particulate removing. 1. Particulate removing respirators, also called mechanical filter respirators, use a filter media usually in the form of a fibrous material in a cartridge which removes dusts. fumes,mists, smoke, or spray particles, and are available in two styles primarily: a. Full-Face piece Respirators, which are normally equipped with a high efficiency filter cartridge designed to protect against highly toxic particulates; b. Half-Faced Respirators, which are equipped with one or two filters designed to protect against nuisance or toxic dusts, fumes,and mists. Both types of particulate filter respirators are required to have inhalation and exhalation valves. The filtering capabilities increase as the filter is used, with a corresponding increase in the breathing resistance. Not all particulate matter is stable. Some will hydrolyze and release acid gases while others are volatile, producing vapors. Mechanical filter respirators, as such, will not offer protection against gases or vapors. A combination gas and particulate respirator is necessary. 2. Gas and vapor removing respirators, also called chemical cartridge respirators, use cartridges containing chemical filters. The service life of a cartridge depends upon: *design; *quality and amount of fill; *density and packing of fill; *contaminant concentration; *user's breathing rate; *temperature and humidity. a. The Chemical cartridge-type respirators are equipped with one or two cartridges and inhalation and exhalation valves. If two cartridges are used, the inhalation resistance of each cartridge must be balanced so that the cartridges are "used up" at the same rate. The half-face piece respirator, one of the most widely used types, fitting under the chin and over the nose, is used in light contaminant concentrations such as paint spraying operations. The mouthpiece class is recommenced for escape purposes only. This type can present problems of jaw fatigue and does prevent the detection of the contaminant by odor as the nasal passages are closed off. 3. Combination vapor and particulate removing respirators use a combination of filtering arrangements. a. Gas mask-type respirators, another type of air-purifying respirator used for many years, can be used effectively to provide respiratory protection against gases, vapors, and particulates when combined with suitable filters. Gas masks are designed for use only in atmospheres containing adequate oxygen to support life. Canisters for gas mask equipment are available in three sizes: The chin-style canister, the industrial size canister, and the large or super-sized canister. Many canisters are available in combination with a high efficiency particulate filter to remove dust and other particulate matter. b. Chemical cartridge-type respirators and gas masks should not be used for protection against: (1) Oxygen deficiency; (2) Concentrations of gases which are immediately dangerous to life or health; (3) Gaseous materials that are extremely toxic in low concentrations; (4) Contaminants which are in particulate form unless an appropriate filter is included. c. A cartridge or canister must be replaced whenever an odor or irritation is detected through the device by the wearer, or if the resistance offered to breathing becomes objectionable. The chemical cartridge respirator or gas mask wearer should always enter a contaminated area cautiously. If he detects and odor or irritation, or if he experiences a difficulty in breathing, feel dizzy, or nauseated, he should move to an uncontaminated area without removing the equipment and ascertain the cause. Remember, chemical cartridge respirator and gas masks will provide the necessary protection when: (1) The hazard is fully assessed; (2) The proper cartridge or canister is chosen for the particular hazard assessed; (3) It is used within the maximum use concentrations; (4) The wearer is trained in its use and limitation and they are never used in areas that are oxygen deficient or could be oxygen deficient. In all instances, the cartridge or canister labels and instructions should be read, as they contain pertinent information as to maximum use concentration, contaminants they provide protection against, warnings, Bureau of Mines approval, and associated information necessary to use the equipment in an effective manner. Whenever a cartridge or canister feels hot, do not assume, as many people do, that it is not-working properly. On the contrary, heat is a sure sign the cartridge or canister is functioning. All of the chemical reactions within them are exothermic. That is, they give off heat. If the heat is toward the bottom of the cartridge or canister, a considerable portion of the service time is remaining. On the other hand, if the heat has progressed toward the top, it is time for a change. In case the wearer does not feel any heat, it is usually evident there is a light concentration of contaminants. Some gas mask canisters are available with windows to indicate the condition. When a canister containing a built- in indicating window shows a color change in the indicating window, the canister must be replaced even though it may never have been used in a contaminated atmosphere. Mechanical damage to the cartridge or canister any result in leakage through the wall. Dented cartridges may result in crushing of the absorbent material and channeling of the contaminants. In all cases, mechanically damaged or corroded cartridges or canisters should be replaced. The maximum shelf life of a cartridge or canister is variable. The shelf life is directly related to the storage conditions. Humidity, temperature and changes in barometric pressure, as well as atmospheric contamination in the storage area, can decrease the shelf life. Manufacture's instructions/recommendation will be followed. * AIR SUPPLYING RESPIRATORS Prior to defining the various types and class of air supplying respirators, one should have an understanding of the basic limitations of atmosphere supplying respiratory equipment. Equipment which relies solely on an airline supply should not be used in areas immediately dangerous to life or health unless additional safeguards are employed. Immediately Dangerous to Life or Health (IDLH) means conditions that pose an immediate threat to life or health, or conditions that pose an immediate threat or severe exposure to contaminants. Not Immediately Dangerous to Life or Health does not chronic poisoning after repeated exposure, or acute adverse physiological symptoms after prolonged exposure. There are three basic types of air supplied respirators: supplied-air, airline supplied self- contained breathing apparatus(SCBA), and combination SCBA/supplied-air. AIRLINE SUPPLIED RESPIRATORS: There are three types of airline supplied respirators: *Hose mask with blower; *Hose mask without blower; *Air-line respirator. Airline supplied respirators may be used only in non-IDLH atmospheres. The following is an explanation of these three types: *A hose mask with blower is equipped with a full face piece, a non-kinking breathing tube, a rigged safety harness, a large diameter heavy duty non-kinking air supply hose, and a motor-driven hand-operated blower. The breathing tube and hose are securely attached to the harness. A check valve allows air flow only toward the face piece. The face piece is fitted with an exhalation valve. Up to 300 feet of hose is permissible. * A hose mask without blower is similar to that above, except it has no blower. It has up to 75 feet of hose filled at the inlet with a funnel or similar object. The funnel is covered with a fine mesh screen to prevent entry of large particulate matter. The wearer provides the motivating force to pull air through the hose. *An ail-line respirator has a small diameter hose (air-line) connected to a compressor or air cylinders. The air-line is attached to the wearer and can be detached rapidly in an emergency. A flow control valve or orifice is provided to govern the rate of airflow to the wearer. Exhaled air passes to the ambient atmosphere through a valve, or valves, or an opening in the face piece, hood, or suit. Up to 250 feet of air-line is permissible. There are three basic classes of airline respirators: constant-flow, demand- flow, and pressure-demand-flow. The following is an explanation: > Continuous flow class respirators are equipped with a half-mask or full-face piece, or a helmet(as for abrasive blasting) or hood covering the wearers head and neck. At least 4 cubic feet or air per minute is required when using tight fitting face pieces and 6 feet of air per minute is required when using loose fitting hoods and helmets. > Pressure flow class respirators are usually equipped with a half-mask or full- face piece. A demand valve is activated on initiation of inhalation which decreases the pressure in the face piece and permits the flow of breathable air to the face piece. On exhalation, pressure in the face piece goes slightly above ambient and deactivates the demand valve. >Pressure/demand flow class respirators are usually equipped with a half-mask or full-face piece. A slight pressure is maintained in the face piece at all times by a spring- loaded or balance regulator and retained in the system by a compensating exhalation valve. SELF CONTAINED BREATHING APPARATUS: A self-contained breathing apparatus is a respirator having a supply or means of supplying a breathable environment and is carried by the wearer. This type provides respiratory protection against toxic atmospheres and oxygen deficiency. Normally all are equipped with a full-face piece; however, some depending on the situation, may be equipped with a half-mask or a mouthpiece. There are four basic types of SCBA: oxygen-cylinder re-breathing; self-generating types; demand; and pressure-demand. The duration of the apparatus will depend on such factors as: 1. The degree of physical activity of the user; 2. The physical condition of the user; 3. The degree to which the user's breathing is affected by excitement, fear of other emotional factors; 4. The degree of training or experience which the user has had with this or similar equipment; 5. Whether or not the cylinder is fully charged at the start of the work period; 6. The atmospheric pressure; 7. The condition of the apparatus. E. MAINTENANCE AND CARE Instruction will be provided as regards proper respiratory protective equipment maintenance. Respiratory protective equipment will be properly maintained. Poorly maintained respirators may not function properly. In some cases, the wearers (unaware that their respirators are malfunctioning) may depend on the device for protection when the respirator is totally incapable of handling the problem. Respirators will be kept clean and sanitary. The filters or cartridges will be replaced frequently. The frequency depends on the concentration of contaminants to which the respirator is exposed and the amount of time they are used. Each individual is responsible for the routine care of the respiratory equipment assigned. The program for maintenance and care of respirators will be adjusted to the type of area, working conditions, and hazards involved, and will include: inspection, cleaning and disinfecting, repair, and storage. INSPECTION: Respiratory protection is no better than the respirator used, even though it is worn conscientiously. Regular inspections will be conducted by the supervisor (a qualified individual) to insure that respirators are properly selected, used, cleaned, and maintained. All respirators will be inspected routinely by the wearer before and after each use. A respirator that is not routinely used but is kept ready for emergency use will be inspected after each use and at least monthly by the supervisor to assure that it is in satisfactory working condition. Self-contained breathing apparatus(if any)will be inspected monthly by the supervisor. Air and oxygen cylinders will be fully charged according to the manufacturer's instructions. It shall be determined that the regulator and warning devices function properly. Respirator inspection will include a check of tightness of connections and condition of the face piece, headbands, valves, connecting tube, and signs of deterioration. Stretching and manipulating rubber or elastomer parts with a massaging action will keep them pliable and flexible and prevent them from taking a set during storage. A record will be kept of all inspections, dates and findings. CLEANING AND DISINFECTING: Routinely used respirators will be collected, cleaned, and disinfected as frequently as necessary to insure that proper protection is provided for the wearer. Each worker will be responsible for the cleaning procedures and be assured that he/she will always receive a clean and disinfected respirator. Respirators maintained for emergency use will be cleaned after each use. Respirator issued for the exclusive use of one worker will be cleaned after each use. Respirators issued for the exclusive use of one worker will be cleaned after each week's use or more often if necessary. The following procedure will be followed for cleaning and disinfecting respirators: 1. Remove filters; 2. Wash face piece in cleaner-disinfectant or detergent solution. Use a hand brush to facilitate removal of dirt; 3. Rinse completely in clean,warm water; 4. Air dry in a clean area; 5. Clean other respirator parts as recommended by manufacturer; 6. Inspect valves, head straps, and other parts; replace with new parts if defective; 7. Insert new filters (when appropriate); 8. Place in a sealable plastic bag or container for storage. Cleaner-disinfectant solutions will be used that effectively clean the respirator and contain an antibacterial agent. The respirator will be immersed in the solution, rinsed in clean,warm water, and air dried. REPAIR: Replacement or repairs will be done only by experienced persons with parts designed for the respirator. No attempts will be made to replace components or to make adjustments or repairs beyond the manufacturers recommendations. Reducing air admission valves or regulators will be returned to the manufacturer or to a trained factory technician for adjustment or repair. STORAGE: After inspection, cleaning, and necessary repair, respirators will be stored in a convenient, clean, and sanitary location. Respirators will be protected against dust, sunlight, heat, extreme cold, excessive moisture, or damaging chemicals. Respirators placed at stations and work areas for emergency use will be quickly accessible at all times and will be stored in compartments built for the purpose. The compartments will be clearly marked. Routinely used respirators may be place in plastic bags. Respirators will not be stored in such places as lockers or tool boxes unless they are in carrying cases or cartons designed to prevent crushing. Respirators will be packed or stored so that the face piece and exhalation valve will rest in a normal position to assure that their function will not be impaired by the elastomer setting in abnormal position. Instructions for proper storage of emergency respirators (such ad gas masks and self- contained breathing apparatus) will be located inside the carrying case or storage compartment. F. TRAINING DOCUMENTATION Employee respirator training will include the completion of a suitable training plan document. Training will be conducted and documented by the Safety Representative. V. RESPIRATOR MAINTENANCE NOTE: Also see "Maintenance and Care" under the "TRAINING" section. (The details of where a respirator is stored in a specific department, where it is to be cleaned, frequency and details of inspection,replacement, or any other procedures will be included in our"Operating Procedures".) The following procedures will be performed and will be included in the maintenance of our respiratory protective equipment: A. Cleaning and Sanitizing: 1. Each respirator will be cleaned and sanitized at appropriate intervals to ensure that the respirator wearer is provided with a clean and sanitized respirator at all times. 2. A respirator issued for other than continuous personal use by a particular worker, such as non-routine, emergency, or rescue use, will be cleaned and sanitized after each use. B. Inspection: 1. Assurances will be made that each respirator is being inspected routinely by the wearer before and after use. 2. After cleaning and sanitizing, each respirator will be inspected to determine if: a. It is in proper working condition; b. It needs replacement of parts or repairs; c. It should be discarded. 3. Each respirator stored for emergency or rescue use will be inspected at least monthly. 4. Respirator inspection will include: a. A check for tightness of connections; b. A check for the condition of the respirator-inlet covering, head harness, valves, connecting tubes, harness assemblies, filters, cartridges, canisters, end- of-service-life indicator,etc.; c. Other warning systems. 5. Each rubber or other elastomeric part will be inspected for pliability and signs of deterioration. 6. Each air and oxygen cylinder will be inspected to ensure that it is fully charged according to the manufacture's instructions; 7. A record of inspection dates, findings, and remedial actions will be kept for each respirator. C. Part Replacement and Repair: 1. Replacement of parts or repairs will be done only by persons trained in proper respirator assembly and correction of possible respirator malfunctions and defects. 2. Replacement parts will be only those designed for the specific respirator being repaired. 3. Reducing or admission valves, regulators, and alarms will be returned to the manufacturer or to a trained technician for repair or adjustments. D. Storage: 1. Respirators will be stored in a manner that will protect them against dust, sunlight,heat, extreme cold, excessive moisture, or damaging chemicals. 2. Respirators will be stored to prevent distortion of rubber or other elastomeric parts. 3. Respirators will not be stored in such places as lockers and tool boxes unless they are protected from contamination, distortion, and damage. 4. Emergency and rescue-use respirators that are placed in work areas will be quickly accessible at all times, and the storage cabinet or container in which they are stored will be clearly marked. VI. FIT TESTING The following will be utilized for fit testing of all respiratory protective equipment: A. A respirator must be comfortable and properly fitted to the person to provide adequate protection. An employee to be fitted with a respirator will be permitted to select the most comfortable respirator from a selection of sizes from different manufacturers. He/she will be shown how to put on a selected respirator using the manufacturer's instructions. Respirator position on the face, strap position and tension and comfort will be covered. A mirror will be provided. B. The selected respirator will be put on by the user. The user will have it properly adjusted and test its face piece-to-face seal by the positive and negative pressure face-fit methods. See "C" and "D" below. He will wear the respirator in normal air for at least five minutes for familiarization and to assess its comfort before it is worn in a test atmosphere. A qualitative fit test procedure will then be administered. See "E" below. C. Positive Pressure Face-fit Test. Place the palm of the hand or the thumb over the exhalation valve cover and exhale gently. If the face piece bulges slightly and no air leaks between the face and face piece are detected, a proper fit has been obtained. If air leakage is detected, reposition the respirator on the face and readjust the tension of the straps. Repeat this procedure until a tight seal is obtained. D. Negative Pressure Face-fit Test. Place the palms of the hands over the open areas of the cartridge caps, inhale gently and hold your breath for five to ten seconds. If the face piece collapses slightly, a proper fir has been obtained, If air leakage is detected, reposition the respirator on the face and readjust the straps and repeat the procedure until a tight seal is obtained. E. (Example) Qualitative Fit Test Procedures. 1. Isoamyl Acetate(Banana odor)Test. a. The test subject will put on his respirator and perform the positive and negative pressure face fit tests. b. The respirator will be equipped with organic vapor cartridges. c. The test subject will be given a copy of the following test exercises and "Rainbow Passage" or other equally effective passage which will adequately test the effects of talking on the fit test. Test Exercises L Breathe normally. ii. Breathe deeply iii. Turn head all the way from one side to the other. Inhale on each side. Do not bump the respirator against the shoulders. iv. Nod head up and down. Inhale when head is in the fully up position looking at the ceiling. Do not bump the respirator on the chest. v. Read the "Rainbow Passage" aloud and slowly. vi. Jog in place. vii. Breathe normally. "Rainbow Passage" When the sunlight strikes raindrops in the air, they act like a prism and form of a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two ends apparently beyond the horizon. 'There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond reach, his friends say he is looking for the pot of gold at the end of the rainbow. d. A fit check ampoule of Isoamyl Acetate (IAA) shall be broken and the ampoule passed around the test subject's face and respirator while he performs the test exercises and reads the Rainbow Passage. Each exercise shall be performed for at least one minute. e. If the test subject detects the banana-like odor at any time during the test procedure the test has failed. The subject shall leave the test area, return to the selection area free of the IAA odor, select and put on another respirator and repeat the IAA test procedure. f. When a respirator is found that passes the IAA test, the test subject breaks the face seal and takes a breath in the test area. This is to assure that the reason the test subject is not smelling the IAA is a good fit of the respirator and not sense of smell fatigue. VII. MEDICAL EVALUATION Persons will not be assigned to tasks requiring use of respirators unless it has been determined that they are physically able to perform the work and use the equipment. A local physician will determine what health and physical conditions are pertinent. The respirator user's medical status will be reviewed annually. The examination by the local physician will include but not be limited to tests such as a medical history, pulmonary functions tests, and possibly an electrocardiogram depending upon what information is developed in the medical history. The condition of tests on the heart is a medical judgment for each individual and should not be considered to be necessary as a routine test. Sometimes the back is examined if air cylinders will be carried often and\or for extended lengths of time. There are a number of diseases and/or physiological limitations which could affect the ability of a person to work effectively in respiratory protective equipment. The following examples are not considered reasons for prohibition of the wearing of equipment, nor do they indicate potential problem areas for some persons. Emphysema Chronic obstructive pulmonary disease Bronchial asthma X-ray evidence of pneumoconioses Evidence of reduced pulmonaryfunction Coronary artery disease or cerebral lood vessel disease Several or progressive hypertension Epilepsy, grand mal or petit mal Anemia,pernicious Diabetes, insipidus or mellitus Punctured eardrum Pneumonmediastinum gap Communication of sinus through upper jaw or oral cavity Breathing difficultly when wearing a respirator Claustrophobia or anxiety when wearing a respirator A. An employee will not be assigned to work situations where respiratory protection is required until it has been determined that the employee is medically and physically able to perform the work while using the required respirator. B. Each employee is responsible for reporting any changes in his medical or physical status if any difficulty in breathing is experienced. Employee reports of changes in his medical or physical status and reports of breathing difficulties will require a review of the employee's fitness to wear a respirator and perform his work assignments safely. C. A periodic medical review of employees required to wear respirators will be conducted by a local physician. D. Records will be maintained of all employee medical evaluations, and each employee will have access to these records. 2.10 PROVIDER'S LICENSES &CERTIFICATES Provider shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Provider must provide a copy of the appropriate certifications, registrations, and licenses and related certificates(including subcontractors)with their submittal. 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I�vt ! i4 Yw-6► , I �w tl]� i [,T�iA tC.. f 1�f1 to I' CrJ • qW.� � i _ tot w 6 pp 44✓i to r! z� 1'MY Cam",.Cami iissia"r •1 �;z�cutie��3ikrctar. .;.,..:. '.. . . TURA IES }UkCE 5 1 'IQ QMMIS J T :T 'bY'�`�'�i+►eil�'>iaeiert[rng i°otiuifioa April 28, 1995. Mr'. ste�ren. L:: Retti3.ey resident ENVIRONMENTAL LIGHT RECYCLERS, INC. 203 'Texas 'Street Copperas Cove', Texas 76522 Sta;�daz>d, &xete�gt .an Reg3.stration .No.. 28822 Fluo eScent Light. Recycling Factlity Fart Worth; Tazttarit °County Account ID No. TA- 2865^G Dean .Mr. Remley; 'hie is in response to your exQmpti.n registrat�.an,. Foam PI-7, oonc:erzting the propase.d cons true:tign, of a fluorescent light recycling facility' in Fort Worth.,. Tarrant County. We understand that your faoil° ty will: be a dill-det%on and processing point:. for salvage f. uorestiant light hiulbs and the scrap materials remaining after crushing. After evaluation of the infornciation which you have furriished, We have detertEt ned t#at your proposed constructs-on- is exempt from,, permitting: procedures ;under Standard. Exemption Nos_ 106 and lie if: constructed: and operated as described in your registration request. These standard' exemptions were authorized by the ExecutivO Director pursuant to Teras 'Natural Resource Conservati�oz Cotrtttns�s.i©i� {TNRCC-� Rule 116 .211 of Regulation VI. 'Copies of.: the exemptions in effect at the time of this re�gatrattibn :are entrlxased, Xo must ciperat in accordance with all kequixetpents of the enclosed. standard exempt Ono.. ycu ares reminded; that regardleas Q.f whether as;permi ; i required, these facilities must: be ire: compliance- with• all air .quality Rules and. Regulations. of: the TNRCC and of the U.S.. Ezlvirow toutal. Protection Agency at all titiee.. P;t� $az;13,09 At+sft4;'Tea4 7$7..23r3pB7 + 5.12j2391DEi0 .tihie'aa¢ `toh!S'�4Pmi!a!a��" Mr. St Y1931 7Y.. .Rem a April 28, '1995 :PAge 2 You .66P Goopea:tna in t a: :mat:Ce�r :s_ appreciated. I;f you have :. any questions concerning Chis. egtonr phase c;on act Mr. Mike Gould of. our Off .cm of 'Air {,duality, New Source Review ,Pz,cgram at (53j X3.9-109"7 . Sinceromly., Ga:y I. W-Allin, P.E. ma�rMechanical sect;ign NO-w Source. Rev' iew Program, (W-16.2. ) Enclo:surea cc: Mr. .Jesse Macias., Air Program Manager, Arlington Pyr. T. C. Mionael, Acting Coordinator, of. Air Pollution Control rog�aim:, Department of Environ ental Management, Fort Worth Kathi cen HAftnett While,CAdirm as R B.'"ttal "nkat qtr. rirrririiorrer " A. �1nY t3.Savcard,(.bmrnisaer ' G1�ettti Shatitt�,icrscittiiitq l?i►�ttor - TEXAS COMMMION ON ENVIRONMENTAL QUALITY August 31,2005 ENV1kGN +tENTAi.L10EtT REw'YCI:ERS IF C 277 BRYAN AVE FORT WORTK;TX 7,6104 Re- TXRNER731 for the Facility/project,:Wvltt %QCr tl.:i:rCu T R-ECYCLERs l ocated at 2737.BRYAN AVE.FORT WORTH,TX 78104 Dear A.ppti m,. Your No Exposure Cortif cation(.NEC)application For NEC coverage,.unikrihe gm=sl pewit[or dimbmW:nf sWim water associated With industrial activities%kw,received and overage utas effi dve on 00ober 24,,2003. The Wnti kation number that+rias asst pwd to your facility is listed aabove. Phase use-this-number to refenmwA this site far future communications with the Texas Commission on Environmental Quality(YCEQ). A 2 otioe,of Te�mni x}a must t+c syRtunitliod lea.:ptstttit amveragc is nu Wngerneeded. You taay obtain a lNotiot of 'fst Ahmimfipigp. web_s k°:listed l�#Oak. : Pleas ba aumre ffiw:dm Cut tm'Persia[will be spaded. l'ctbticmW10C oft he pt:w!H be pubtis{eed in the Tem Pqsttr:but--.m%ill rrot be directly.contained u4we&e.wncnded permit is:Wued. A copy ofthe mvisod perinit and inforntatittn regarding the revistons.will.be included on the TCEQ storm water wtb pale. 1f y"haveany gr og, you bray:send 44&A.ma 01, a Stott Rfaterrpro. s$u4 Team as swpeirmit(a ,atate.tx.us. YOU-may also obtain a col t'of the gener I pernnirt pn a T we€i site aK' vu r.t _ctRtP ., or leavtr irour.natae and phoW nu#dtet:cgthr,sto tt watt;hotline a t,(SIZ)239--371 1: Yo:,vR"r11 tereive a rcku tall from the Storm Water Frwcasug.Teetm witt :24:houm. Ubmal Stepney,Uiremor Water uatsty bivision ab 175;Depertrnenf. 400 Seventh S:~ .&W. oflion v+rah�con, a�. 20.590FMMrd t a y "idigs! MAY 02, 1995 ENV I RpNM;NTAL L I.6HT RECYCLEAS IOC 817/547-8826 2737BRY K AVE FORT WORTH TX 76104 Dear Motpr CArriet Th1;s letter is. to notify .you of: your :US OT .J dapt.i f i ca:ti cinNumber and to draw your att:eation :tdthe"requirement for lar°k:ing of Cotamercial Motor Vehicles in section 390.21 of the :Federal Motor Carrier .ta:fety Requ.latians. A copy of this. ragulat°i in is bncl osed. Its ;primary purpose is. 'to' assist enforcement oersonnel' `rn ,propaelyr !.dent i fy"i ng mo:tcic carriers., thereby ass:ur i-n the s lbmi sa i cert of 4ccuratze' data° to the Federal N I ghway , . Adm rn:i sera t on CFFl4fA `.. The n40b. a ;so :affords. the pobi i c a way tr, qu i ck l y and 'accurately ident. A .motor' car .r. .er operating a pa.rt°icuiar coilYirerci.al motor vel;:ic:le.. If you are operating as a:private i6otor carrier 'of property ininterstate commerce, as a for-hir.e motor carrier' of property In interstate commerce not subject to regulation. by. the Interstate Commerce Commission, or as an Interstate mgtor carrier of migrant iil kflrs, this rcouIatlan requires you to mark a! 1 of: your "seI`f ropG!teii motor CIes" {BCnerall.y straight tr.Ucks .and truck tractors) i.n.accordance Ni`th the enclosed.. The fo11awing '056.0T 4dehty:fi`Cation Number it, assigned to the motor carrier ident if!ed above: US007599.143 This letter is being sent to every Motor .carr ier recently added to MA records. There bas been Po attempt to411ffet'entiate among private, m;$rant worker, for-hire, of other: types' of matnr carriers because many carriers conduct operat➢ooris in' a coml%iriation' 'of these c:lassif'lcations'. . If you have questions About oomp)1a'nce w.it,h t#l:t:.s. reyu;irement, please contact the office shown below- F IiWA 'QF F'I CE QF :FlOTOR CARR 1 ERS; 26 F:fDERAL . ['l0t,NG 300 EAST 8TH: STREET USTIN TEXAS 7$70:1 :5,1.2 ./ 48.25474 For-hire motor car.r:iersoper.a.ting in interstate commerce under authority issued by the Interstate CommerceiComnissi.on (ICC) .are not subject to this regulation, but. are requi.red to Mark. their vehicles under a similar regulation issued and `enforced 'icy tie Itti The FHMIli: zxects far-hire interstate motor carr:iars:, subject to its safety jurtsd4ctton:. to comply with applicable ICC vehicle. marking requiroments.. J'b2or r-Arrrers Whose operations are both for=hire :and private-or some other type: of .opera tion (e.g.. a pr'ivatt motor carrier hauling Its own products outbound from its own facility and operating as a for-hire motor carrier on rile return movement) may fulfill the vehicle marking requireoent.s contained in: section 390.21 by displaying their ICC number at ail times. If .you receive more than one of these le.ttnrs refer rating different USDOT idemif:i-cation numbers;, it is: probably because. of mergers:, acquisitions or reorgantZaticins that' :have occurred, but aes .not. yet .reflected 1n, our records, or because do !did-. r.card 'author i.tY has been grouted and separate numbers were inadvertently lispiod. If You: receive more than one letter, you should contact the FHWA. Motor Carries off'i.ee shown above to. datervine which number• is most abprrpr`iate. When a detertRi nartic n has been rrta►do* pJ:*ase return the other letters to the FHWA Motor Carr ior office with a brief expianation as to which ntokber is being used.. If this. letter is .received: at a. Iotatil6h other than your principal office (e.g:,, ,a. 'term' nal of an' area office) this: letter should be forwarded to yaitr P r nc i pal. off i cel.. t€ thGra; has. been a change in your motor carrier operation name or principal oftee, a'ddr:ess, ,please. correct tete information at the top of: this letter and return it to the FIVA ;Motor Carrier office showti above (after noting your USDOT Identification number). Thank you for your 000perdtfon it Implementing 6,1s regulation.. Sincerely. John F. Grimm Director, Office of Motor Carrier Infimematlon Management Enclosure PIPELINE.AND RAZARD OUS MATERIALS SAFETY ADMINISTRATION ODHAZARDOUS MATERIAL$ CERTIFICATE OF REGISTRATION, FOR REGISTRATION YEAR(S) 2005-2008 strata: F—W-M INMENTAL LICHT:RECYCLHRS Auxi:.STEVEN L.REMLEY 2737 BRYAN AVE PORT WORTH,T)(7 6104 This oertifies that ttic<r gistrerit'is reg�#ered`vrtit3t tfie U S Department of'. ranspctrtation as recju y 40 CFR Patti 07,.Subpart G: This ecrt:ificgte is issued underthe authority of,49 U.&C.5108. It is unlawful to alter defalsify this document. Reg.No-: 062105 003 014NP Issued: 6+/22/2005 Expires. 6/30/2009 Record Keeging:Requireri;tents for the Registratiou.Program The following must be maintained at:the principal place.of business fora period of three years from the date of issuance of N5 Certificate of Regis"tlun- (l.) A copx of the registratipn maacntent filedwith FHM$A and. (2) This.Certificate of Registration Each person sutijcst to die registration requiratnent must furnish that person's Certificate of Registmdon fora.ciapy)aad:a11 other records and,iot gonad n.pcMining ta:tbq'WOrniittipp c toained in the registration statement td an authorized.reptesentarive or special agetifotthe U:S:Departme it of Transportation upon requc%L • Farb.tnotQr Carrier civate:or fhr-hire).astd.each tiessrJ aperatcx subject to the registration.requirement must.keep.a::copy.sof:the�rrent Certificau bF'Registration,or another document;bearing the registratkni ouni J&hdfied as the"U-S, DOT Haima(Reg..No,"iii each trick and truck tractor-or vessel(trailers and seml-trailers not included): .used:to ti'snsport hazardous :itnatitials subject.to the registration require tnefit: The Certificate,of Registration or tivoument bearing the registration number must..be made available;upon request,ic►enforcernent.ptnonnel. Eot informat"xnn, contac{ the,,•. Hazardous Materials: Registration. Manager,, FHH,60,. Pipeline: and. Hazardous Mpterial4s5afetjf.A'drtnitiis #ican.t1$•I?ep8rttgtaFTTttttsportation 4()0 Stv<nth Streit SW. Wadtingtoii.DC 20590,tdioiiine(202):36&4109; ACM MOTOR CARRIER CERTIFICATE OF REGISTRATION Ce.�cste Of. Nu:O051608rr4C. bate tssuW:313112005 trMROFI[NEHTAL UGtsr RECYCLERS.INC. 2T3T BRYAN AVE FORT WORT4. TX 76104.-6T.4O Faiinp fulfited ow appliceiontsQuverneift of d 06pwtmeM of Transportation(TxDOT)t M&ft to the registration of commercial motor cdalai j this C4466 iS hereby grant8d to: ENVIRONMENTAL t.16MT It WYCLEM INC. 2117 BRYAM.AVV- FORT tfllDttTH; TX 761k-57111 .,rtifs urtillm a cf Rag ist*lion authortisd TxD0rS issuance of an fsuanca cab cid idenWong each Comm"ai motor vehide�isDered with TxD0T. TW&Cerfifica r of ROSH "Mit notbanafu". YOli?'1 /liTEREOMAW 2.11 PROVIDER'S LEGALAND COMPLIANCE HI TORY Provider's legal and compliance history is a critical component of this Request For Proposal. Read this section with care and respond accordingly. Failure of the Provider to provide all the information requested and to certify the report, will result in the Provider's submittal being declared non- responsive. Provider shall attach a written report of legalion brought against: Provider, Provider's officers; Provider's employees;AMD Provider's proposed subcontractors relating to the protection of the environment. The report shall include all legal action brought within five (5) years of the closing date of this Request for Proposal. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agencies the Texas Water Commission and the Texas Air Control Board),the Texas Department of State Health Services, and any other state agency, commission or department, whether in Texas or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment, "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of: (a) Hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the: (1) Air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Provider, using the form on the following page. The top portion of the form is to he com Ian ted if a report is attached_ The hottom portion of the form is to he completed if Provider has no legal actions to report An authorized representative of the Provider shall mean (1) if the Provider is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Provider is a partnership, a general partner, and (3) if the Provider is a sole proprietorship,the sole proprietor. INCLUDE A COPY OF THE REPORT FOLLOWING THE CERTIFICATION PAGE BOUND WITHIN THE PROPOSAL PACKAGE Certification of Provider's Legal and Compliance History Complete ONE of the Following Certifications: I certify under penalty of law that the attached report of Provider's Legal and Compliance History was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: BY: Company Name (print or type name of signatory) (signature) Title(print or type) Date I certify under penalty of law that the legal and compliance history of Provider, Provider's officers, Provider's employees, and Provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Provider, Provider's officers, Provider's employees, or Provider's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: Environmental Light Recyclers, Inc. BY: Steven L. Remley Company Name (print or type name of signatory) President (signature) Title(print or type) Date October 26, 2005 Rohe#k J.Hustom Ghoirmami E _ r acihn�l,.B3kei'i.Cbrmrlissnne�' , JeffrEy�4.Saitar,�'zecxifir,e alrarfor TEMS ATS RESOURCE CE}�1S��VATIQN.COMMI°S:SION IcslaY 24,,-2(M Iver:Steven L»Ronxley Environmental Light Recyclers,Inc. 2737 Bryan Avenue Fort Worth,Texas 7640-4 Re: Response to the. No 6 of Violation :for th, Evaluation Investigation at EnvtrohmenW Light Recyclers;:2737 Brun Ave.,Ftrrt Werth;Texas(Tarrant;CouM) TNRM'C ID.#;8333O,,.EPA ID#:'lXR;t10O 119 The Texas-latutal Resource Conservation Commission�TNRC O Mingt©p gegictn Office hak. received the compliance documentation that you submitted May 14,X0.1.for the alleged violation noted dariugtheinvestigation fthe above-refe raced facilii;+conducted:ottFebzuar3%14,2041', The compliance:documentafion,contained iny" espouse appoars.to indicate that corrective action has been then fQt 1 a alleged violation. No further submittal from you is required.concerning I is irvestigatioti. Tbelew Naturae Rewurce Conseryation'Cotai 4ion appre, es.your assrstauge m mals matter and your co44ance of forts to ensur6 protectiolb f the.State's environment: If you.or members.of goof staff Have any gpestions regarding these matters,please feel free to contact-Paula Sen in the Arlington Region OfEce-at 81,7-5884800.. S, Y, ober A:Jefferson Solid Waste Tearn Leader Region 4.Office,Arlington RAJ/,ps Saar` liox ;*lztric -` era►+ 'ress. tba`;.srte6 sig z: 4 , .: . ?+ ... F'o,B87r130$7 • #nterp acldrxs�wwyv ,arate�.u; c�ced:eoa�ciedw�++o�e�dT�k i""ONMNTAL 773TS,t*q Ave LIGHT Y?ot'# Vat' Texas 7610_4 RECYCLERS (8 X24-930Q. "We Prd: ,UgAa Out Saft►, 1 YI.I.,200X G1 R'T IT D # ' �M 001&467 `# '�tN�EIPT R>JQT M:r,R6bert A, �effesou Solid W-Ute Team Leader,.Z en 4 Texas.Natural.Resource Conservation:Commission 1.1Q11�as Visas.Lofto mino Q. " Ike:. Notice of Violas on,for Compliance Evaluation Inv�n at Em ranmenta]] Recycles, E30- 2737$yon Ave,, Fbft�Wordi 'Texas (Tarrant Co ty) TNRCC TD Nd., 6330-,t EPA iia Nm: IMU.0041__9: t`I+�r; Ieffursom:; Please find attached our recently received Notice.of Registration dated:413012001_. ICOR omis6ons noted during your office's;roves, gation have be i 66 ._#6404. Sb you rNuire`additional information,Please contact me. y, Steven L Remley 'President. a wc .r w'. 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Oc � Q t+A LWO: Of '-a- 904- CM -tM A Q 1 OVCfl L f 7C 1 •�. 75:1 m ++!1 L VJ i Oil 2 CA 1 S, w it 1 slF t , r4ISM I. - V � �1 W. ':� Ip 1: C.I y+ .1 ` IK ml 7tt �:j W S.I, c mi acs � v r y.w O.al all 7+c en I � LIP •�3 `.gEGipp6ciL7 .idl Cb Ix 7.� 1 c 47.NL C 1t v G:« iN I:C a G.i f oo pp71 ca51 'C7 ..a r.mi R 7h.i. Robert : A& aip '.Margta� Pner' ,, t JohaM:#ia'ker,:CArarhnSiWas�� � »M A.$a[fa;Ezwutive MWOr TtxAs NX RAL.�',E$( CF- CbNSt-RVATION COMMISSION rr recrGi sb c d?' OAdi n April':18,?00i CERTiI=MAIL'9 7.0"3249,006i 2255 0596 AXTURN UC 7ZFQaTE Mr:Steven L. R m1by Environmentai Lig'nt Itecyclers,Inc. 2737 Bryan,Ayenue Fort Worth,Texas 76:904' g Notice of 01404p-QOmphanea EVAliistuttt I0.09 1,tioi at Envirorimenxal L,i96t.Recyctei; 2737.�ryatt AvG.,l=c 'C1�v'art'�,'fiearas(TarrattbCtEuntyj . TNRCCIPNo:.$3330,;I✓ .4ITSI4v.:'TXRaQ00Q4-1I9 "Dear Mr.'Remld On. February `2001, °Paula Sena, Environmental ;nveIigatgr with the Texas Natural Res6urce Conservation Coimrissioii(TRCC)Region 4C+ffce,.cunducted an investigation ofthe above-referenced facr'Iity to evaluate compliance with applicable requirements for industrial solid wadt& Enclosrp is a: summary which lists the investigation fndiiigs. _During the investigation,certain outstanding afliged, violations were identified for which.compliaicedocumentatian,isrequired. Pleasesubmitipthisol tee by May.16;2001:i vv ften description ofcorrective actlon'tA46 And the required dp6=entatton denjmstrat q,thmt compliance has,bee*q.achieved far each nfthe iodtsfandiug.Olegoo violations. If yoit;or racmbars°tsf your st;<fi'have n _uesttons re 4 &arr�tng these'itYatter s;please f>reCfie t4 c'ontact suta.6 m in*he.,& on Pjo*�4l ct at 817-x$ 130; S'ncerely;. Ra ert:A, . fferson Solid Waste TeAm'Leader Resign�#flffice,Aringtoti, ItA1 p4-: F.tzc*air4 Sufiit ar y'QfriXdsrig3 tloh Findings° IEPt":Ia0. 104- ISAK?�(Asi -� rO�t.TXI ':. 10 ..*: # /,. -b75brAX'$191Y+?5,-2819 Pip.$oft;I$o87 *' AttStin;Te%aS 78 �3Q81 « S1.71i9-iflQQ • Iiltetrirt ids ess:rvivi�r trtrci=state mus arNeeE.oa vue*u� .ar�edtk Summary of Investigation Findings. Fdvir.onmpatsl UghtRecyders Ines*73'-Bryan Avenue, Fort Wort],Texas TNRC C ID#83330: EPA ID`#TXR 000004119 Compliance Evaluation Investigation Ca"71. cled F-6raury. 15..'loot SUMMARY OF OMTANDINiG ALLEGED VIOLATIONS 1, 30_TEX..tYMI CODE335.6(c).-Ntrtifieatron-Requir�€nants: At the time of the invest ation,:the. lkiy% Mike of Registm iot (NOR):l sted several inaccuracies, including:the emission, f::he office atsd.•p.fant recfusc.;dutnR&ter .fxocn.the Waste Management Unit list;the wniissim of the°5pant=lamp.process©r activated carbon filters as a hazardous waste stream,and an incorrect generatorr status classification.,The facility is.requ�estei to amend their TNRCC reg stration:to accurately reflect the number of hazardous waste streams And Waste Management Units at the facility and the:correctC ac . 'tit dacudwritation should be-submitted to thdJR-e0oi 4 Office for review by May i6;;2001. August 20,1999 ;Ste:�nF'emiQy° President Env ircwme Agbht APgOlers 2739.**Ave-, FQ]VWnd.k'TX 761.04 Iii: Traver*ComplWde Evaluatttiti.lnspeCtaton at: EnvineiYutlental l agltt laocycle s , III Bryan fork.W (Tm>•rarit ounty7, I exas:; TNPCC ID Ne:.0330, EPA ID 96..TX1t0000C14I l Dear Mr;,Reihley: On July 36,.1'999,Jennifer Vit,. Stine of iho. Texas Nitutal Resoutrce Cosistrvatiptt Comm s. iOn (TNRC Q Arlington Region Office conducted an:insp6ctioh of the abdvd-referenced facility to evaluate compliance With appl oble ihdtisbial solid ml.ast+e ftnsporw,Te.qu rernenis: Dtiring the inspection,the:inspector verbally notified you of some apparent instances of noncompliance.You have described to..us measures,you have.taken to addrim..-these :problems, These measures as describedappearto:addiessthe problems documentcdduingthisinvestigation.Nofurtherresponse from you is necessary co cecmng this my ,,,jgrbpn. Tlie; MCCapprec iates.your ass"israrr 4 in ibis.mattm aad your compliance efforts to ensure proteo�on of�the-State's environment.Ifyou or membeirs of your;staffhave any questionaregai3ing these matters,please.feel fret to contact Vs.Jennifer R. Stirk in the AT Region Region Once at (81.7)4.69-6750. S, P ly, Sol d Va' e T Uader. Arlin e ffice 57Fjrs Xerts To: RsGeol.A#iiUl sips LsnE r hBL3N 1 1s 760106494 is 81?/469-Mo r Fez-817r195-2519 PA Boz 13087 Austin.Teras'1'67];13087 ► 5i2/239-lo00 * inteme't address www.tnrcc.st&(P_bLus BI a B. -Amomm co�er: t mI:Baker:Cam*awa w- Banieakso%E Dirac r UAS NATURAL RESfltJRCE COMERVATION"COW+IIS" Profedtny 7e=.by l#educil a»d Pr�¢ortixtq Polfrlia ,Febrdkry 1, 1996 Mr. Steven Rusnrey;Presiidot EnvirbnMental'J;i&ReGyd&9.,Incorpd 27 '1&ya4,i4venue Fort Worth,.Teitas 7604 Re: MVCC.A:ccauw:'Nd.TA-U654 Fort Wim;,TatTant County Dear Mi.ReWey` As ngUested,eaclosrd.i.s a copy of It e:repro fiW by Mi:.?lWMl.De`IA Griz:of @ns:office:reWdiag MA inspe�at ycipr'.$umesp.f.li*rccyrling facility on Januar 24, 1996: Please contact Mn De lAtri t should you have any.questions.: Suleet7ely: else J.: etas,h Air PiogratnManager Region 4-Fort Worth Lncre Rrmylix Rzejos.4 + rA21 CAMP BoME Btvn„Sufi 312 . Foxy Wom 7bus:7611¢ • :AREA O=.8,11/73Z5531. 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Si$S"i'sl5 }a'd»' 'F. �:.33t t}:Srw '�.��S�i'Q +"51� lows '` ro' eons R32�4 P'lA,vyrdous-�'.'.st`el, Aft t& the-mrcuprosrrha r tontsat .'e the !at�ps. =d t t- utr7M) 20f ip riscyclo, ttes- Th-e 41 'MM is am en" systez which ;hemex mid r;ca",wi'w &ovpasate vgpor an i't :eP : e5 tett? yE ]RWEkr aU;� ;1:��~u����`7*L2iA� �14�U�ia�� v��tz�• ?ir'.4 fixG_I ;e st _Ip 'zomo.-AM.d eato .o: calveyof Z!e$Y m-hich 21+4sds tco� the Pxtakdrt thr, l' CCp fr l iht t.hs.R Vie} :€rtift: hredt, t t4.bi-okohi Dxuf=ckliat 114s arit t ett tb: :`ie ro_t+ttis+4p trcm*a v a..: u t=.e*ar be-11, and ths Mwwi Uuf-4 tuis s Ilaigs' .jamitra, `iA.*ea: :_h- Ile-re = cizusi t)e I ate v4ver.... A o4tw s a * 160rf . Isa, ] .i phis vw'Or vhk isw r311sc.kp3 'aa ti►e vor 'm ;' sos taxou� �=tag j ci* inarsical ts�.t�sTo;• ;Y citmcy Par-Vim'--to } fibers,; 'enc a 55 g'Ra7 K�"a rr'o�il tui+_'t?r 'fare it �aZ�P j�. c��B�:�Y1 dY".K�T. Sffb@ a :TS .mwl and-, amd the fT� tba ar*ips a £ GCr�i3Ct�°C it akaboiird bele. All of tht, 1!;V!-Ievtod tmttarial Iiii Pk ti thl3}mQ• L'�a�+�,GL�i « t e e And =&° iisc+d. a rst •pYoi&e' .. h . :2"I1 8t�vo is Wv4tb& A. sal £XMIAs d zd�*�TF'IUb 8 dw T� 16b..t i R�� � 2 Q: �i�` 2 Gl01ItTt13 iL19 tmi4m t. s3 Q r SAN,± :par, n;+s r Xasbo VF e15 0f d 3. haw.-4 ,:3�iu:A. a acxgae_9c a- 95 a `$ 10.0r: of: thl 'evm V= s1P 6,eidv' to promit r-^.'i' My, 144C,' :a,Is ififo med =b.a.L. m-) a j*ssIvb v1sible a sts;irm§ were not4d &M that t'te ryiexa4i,rr¢t iDe ?TTlq 2uvD is ib a 'i ii* Ys e With t; ,dnIltir3r_a 6f_ IN 106 c1nd 3Z yi3: !U" 9P 12} r Istel A. Y c# this 1=02�t1gu Q apo±-tr �� iMiYnnLl-LiIL�a.crnco�,t�ty�.(: Li LV}aLQi'�.: y��c4'ai�_�h.�a�ly mi Terss1Taiaa<r> ehsbnar + bnrv:�►tinn G' mmtssion TO., FILES :Date: December 7, 1995 Thrgi: Eruast Homer Field Oper-ations]Division. Peggy'i�ie�wb�ezty;.T13��; n Field Op6rafituls:Diioti. L: From: Stepbazrie.Jtz#zMn, ,EnVi o menWJOv*ga=;Regibp:4 Dµnca ivili�e Off ce` Subject: Environmental:LfghtRecydlers ForMorthA.Tarrant County,Texas SWR#13M. 1rPA ITS-# (1p0(?04l 19 State P�$i11 IirsPreton;:Condizcteti I3oveinber'�; 1995.. INTRODUCTION On November 7, 1995? the writer; accompanied by Sam Barrett of:the:Region 4 Once contacted Thomas.7f.Slattery, 'Vice Pm.ident;'Bi an.T,. Anderson, Director flf'Facility Dcveloprnent; and Stevea T--, Reinley, President,.ali of:Environmental.Light Recyclers conduct a State .Fee Bill Inspection of the,refeaenced facilify located at 2737 Bryan Avenue,Fort Worth,Texas, GENERAL FACILITY:AND WASTE:PROCESS)(l1TFORMATION Environmental Light Reeyclers is a mercury containing iar4p recyeler. The facility accepts fluorescent lights and high-intensity. discharge(HID)lamps: The 6cil ty oonsists of a warehouse and. an office area. The process'zng system used; to,pro. s the,lamps is located in ftnorth side.of the. warehouse. The north side of'the warehouse can.be closed frorir the_remalnder of the warehouse daring,processing. 'Tiicoining lamps act unloaded through an mtrance on'the west wall of the processing area: The inwming lamps are:stored in the southwest wall of theprooessing area prior to recycling., According to Iver: Slattery,lamps:are normally processed within a.24-hour period front the time of receipt, The south portion of the warohtiuse,which is separated from the 'Xi aria by.a wall,is used for storage of iecydable materials which exit processing system. These`materials are stored'on=site:,prior to shipment to a facility offsite for subsequent recycling. The NOR reflects that the is a_smail quantity generator, a transporter:of theit ow*wUtes and a transpoirtir"for hire".fox hazardoisand nhaous industrzal:wastes(lass.I, Glass.1 and Class 3): Environmental Light ReoydiftM, Solid Waste, tegistration Amhtxg333D: Page,2- December 7, 1995 During processing, the area which:houses-the system:is closed off fromAhe remainderof the facility. The.room is-cool+od by a self-containedair Gond. t omn unit. g circen atxng atr to tte.s ohm and in the.ur&is re=.0lated'into the's"stebi and,then:filt�rre&price to exiting the A linty; Aoordin' to Mr ,Re uley, thB facility metes the ais:in he.tont at the be&ning and:end of each.day to determine tine mercurylevels. The tluoresceUtIamps are loaded onto a conveyer.belt which moves them nt the�crusfner.chamber of the system where they are izlocl: lamps and broken #luaa+esceut lamps are,introduced disc#y nto'thd'crusher ctramber. Dom imploded, mercury'vapor xeleascd is capwrod: Th processing system. separates the glass and metal components from the mercury Vapor and calcium phosphate powder. through:air and.sieve filter separation. The system contains.a mufti-filtration system thzough which the mercury. vapor is: ltered. Clnce separated; the light bulb.conWnchts=collected by wfttainets The powder is collected in a closed, attached 55- gall The glass and aluminum ends are collected in large cardboard-boxes. The facility t=c d aluaunum ends_for mercury content. I'hre.crushed glass analysis reported,a leaching procedu.m. (TCLPY0e itzy level.of 0,002.mglL and 0..ow mg/L. The aluimi iilru ends analysis reported a TCLP mewdq level of 0.02'mg/L. Waste Description: OOD1319A.- -Calcium phoaplratepaviler: Powder-3s.recycled for mercury recovery at NSSt in Beer Phrk� Texas. SURR01INDING LANID USEr The facility ,:Ioc tied in an am of industrial use ifr Tarrant Clounty: -The-area.is locate, in segment 082$of.°the;Trutity]fiver#assn.. The-$ytcmore Creek; a-trrbutary of ttnr TrinityRiver, is located apptQW' L 375 miles east of the.fti MN.. ADDITIONAL MIF ORMATION The:fsiciaty generates:incl manages he�fbllovim :non=huaWous recyyclable material$: Glass fragnlerits - Filiit}� triisporttsr t}ip. rocyea�blc glass°fragments to strategic Materials in . Midlothian-for zecyclm- The classibi on.of ihi5 Ymaterral is.pending:anal l results. Afetal end co-FaWty transp is iiecyclalile cn_caps fo:Crachrnan Bnothcts)vletal.Recycling ip Fvrt Worth. The clan Mcatittn©f thls'�mateu�,a Ys peixdrng airalythw, results �nuitcnm�tal:Li$ht Rt�yclers. solid�a Rcgtion I�1hmt>�a:$333+0 Page-3- December 7,.1955 - £'.ardbcaard Boxes and.Paclang;:Inserts:- Nvnhazarclaus.pg:materials are recycled by the.facility #hrougb reuse of the magas for their uteaided i#se. All: 3'P&SOtH*j aPP� ilial uitilthe lrwycli� ces in co pros. Authe time,of the inspection the:: facility appeared nnp to be Bance with the state industrW:and hazardous.waste'regulations. Sign ' „� stfq ppra�ed 2.12 OTHER Each Provider shall submit a single copy of a sample of the following documents for review: Invoice Sample Quarterly Report Completed Waste Profile Completed Waste Manifest INCLUDE ONE(1)COPY OF EACH DOCUMENT BOUND WITHIN THIS PROPOSAL PACKAGE FOLLOWING THIS PAGE Additionally, Contractor shall at all times under this Contract comply with the latest revision of at least the following regulations and standards: • Toxic Substances Control Act (TSCA): 40 CFR 761; includes regulations for PCB contaminated waste handling, storing, manifesting, transporting, disposing, spill cleanup, and record keeping requirements • Texas Hazardous and Solid Waste Regulations: 30 Texas Administrative Code (TAC) Section 335 • Occupational Safety and Health Administration (OSHA) Regulations for Hazardous Materials Workers:29 CFR 1910. • Resource Conservation and Recovery Act (RCRA) Regulations for Used Oil and Hazardous Waste: 40 CFR 279 and 40 CFR 266 for used oil, 40 CFR 260 - 270 for hazardous wastes, and 40 CFR 273 for Universal Wastes. • Department of Transportation (DOT) Regulations related to the transportation of hazardous materials:49 CFR 100-199. • "Test Methods for Evaluating Solid Wastes." U.S, EPA, Office of Solid Waste and Emergency Response, Publication SW-846. 10/27/2005 09:56 8179243692 ENVIR LT RECYCLERS PAGE 01 Environmental Light Recyclers,Inc. Invoice 2737 Bryan Ave Fort Worth,TX 761046710 DATE INVOICE No. 800.755.411;7 Fax# 817.924.3692 10/21/2006 05.1021 BILL TO REMIT TO City of.Fort Worth Environmental Light Recycles,Inc. Environmental Department 2737 Bryan Ave ATTN: Mt.Michael Perry Port Worth,TX 76104-6710 1000 Throckmorton Fort Worth,TX 76102 P.O.NO. TERMS DUE DATE Harley St Net 30 11/20/2005 DESCRIPTION OTY RATE AMOUNT Manifest p 05-1021-Harley St. 0.00 0.00 3409 Harley St,FTW 76107 Pickup date 10/19/05 0.00 0.00 R zycle 4'Fluorescent Lamps 669 0.28 187.32 Recycle 8'Fluorescent Lampe 73 0.56 40.88 Recycle U-Shape Lamps 6 0.40 2.40 Recycle HID 34 1.75 59.50 .ecycle PCB Ballast 58 2.28 132.24 Recycle Non-PCB Ballast 113 1.14 128.82 Over 30 days- 1.5%,18'/o per annum lute ices Total 6561°16 ma OD R � ■ - o zm m ƒ G 0 $ e n ® $ L) 2 in a@2Lo co P- k © ~ k k § / o $ � V $ z CV $ R © a CL - N % » k r- 06 p J E L) 2 p G � CD 0- k � 0 CDCD2 ® ® G r- o IL gm o m G L # W) w cc m2 ) 2 V v e v o ° ° 0 ƒ i \ k � 0 / \ \ / / U. k k 2 k U. 0 0 0 0 0 0 0 o U- LLLL U- LLLL LL ; 0 0 � Q QQQ Q QQ O � q R ACf) r- @ � § � © 8 g o @ r- � S � k B kk k e � pGoco 0) GCf) / X992 9 99 9 � § @o @ @g S Lo LO LO to U) U') LO C,14 \ CD % Lo co o � � CD m � a ENVIRONMENTAL 2737 Brym Ave LIGHT Fort Worth,Tem 76104 REC'('r FRC (317)926.930D -We Art flu L gk&Au Sefdy" UNIVERSAL WASTE PROFILE Profile Number. 05-0250 ELR Contact: Steven L Remley Date: 10/26/2005 GENERAL INFORMATION Generator USEPA ID#: TXP490278001 Generator State ID#: Generator Name: City of Fort Worth,TX Generator Physical Address: 1000 Throckmorton St. Mailing Address: 1000 Throckmorton St. Fort Worth,TX 76102 Fort Worth,TX 76102 Technical Contact Michael J.Perry Other Contact Information Phone: 817.392.8504 Phone Fax: 817.392.6359 Fax Email: Michael.Perry@fortworthgov.org Email Facility Description/Ske Description(office building,single plant) Multiple pick-up locations at facility/site no Hours of operation If yes,please describe PROPERTIES AND DESCRIPTION Process Generating Waste: Lighting maintenance a Name: Fluorescent lamps Is this a US EPA hazardous waste(40CFR Part 261)? N If yes,list waste codes associated with waste Is this a Universal Waste? es 3 No State Waste Code(s) Description Constituent/Description Dimension(if applicable) Units Used Fluorescent Lamps containing mercury Various Each SHIPPING INFORMATION Packaging ELR Provided Generator Provided Type Size Anticipated Volume Preferred Shipping Frequency, As needed Additional Shipping Requirements TRANSPORTATION INFORMATION Is this a DOT Hazardous Material Yes No If yes,requires— Proper Shipping Name: Used Fluorescent Lamps If NOS in description constituents RQ yes (E) If yes,list Reportable Quantity Units Hazard Class ID# Packaging Group ERG Additional Information Special Handling/Needs MISCELLANEOUS INFORMATION—FLUORESCENT LAMP SHIPMENTS Type 4 foot 8 foot U-bend HID's Other GENERATORS CERTIFICATION I hereby certify that all information submitted in this and all attached documents contain true and accurate descriptions of this waste. All relevant information regarding known or suspected hazards in the possession of the generator has been disclosed. I authorize disposer/recycer to obtain a sample from any waste shipment for recertification if required. If the waste stream or process generating the waste changes,1 will notify Environmental Light Recyclers prior to shipment Michael J.Perry Senior Environmental Speacialist 10/27/2005 Name(Printed) Title Signature Date ENVIR LT RECYCLERS PAGE y02 10/27/2005 09:56 B179243692 ^' EmIronme Ught RIsrs U141 ,1/ER W 3TC .N1 INIFEST P1ess9 Prim or lyp9 mon dssloned for um an srt9(12 prsh)ypm"94 UNIVERSAL 1.Qwws %U$EPA1Dft MenMlst a Pas 1 WASTE MANIO TXCBSW °° ""'`"" 05-1021 ra 3.GenerstoM1 Name*r4' ' V AASUS City of Pon Worth 3409 Henley St,Foam Worih►.TX 76107 l Gen9rNors Phone(' 1 e,Tlsnoporler 1 C Wty Nam 0. UB EPA,ID Numbs A.Bt�rAOiAfiOoMlah 1D $3330 Pnvitortmental Li I2 ]ers TXROOM04119 n ^� 817- 4- 7,ltsn9pat9.t Canpbny NMM e. Uta ER110 Numb" 4 ste10 71ens wises 10 t 41M E 9MOOrter2Phone 0.D911onslid Fsoeey 9vrd SM Addr�M j.1..I�`"C�IOICIS M. . US EPA 10 Number 049 FbdMO ID 83330 2737 Bryan Ave.�]( s -rs6,FidelYs Phone Fori Woath,TX 76104-6710 TXR060004119 917-9249300 11.WASTE DESCAI"ON 1Z cerNeMrere t). 14. Nair Typo QusnM W11wL Spent Fluorescent Lamps for RecycVuV �I, CF &Z5 G b. E N 'r E R C. A T O D.A&MImMl Deecrlptlons bis IMA-deb ufled Abel, K Hwvft Codes ler tNwn wed Abow Unp are bc4 shipped for rmychng oWy. HO 10 15.SpsNal 1Imnd&V halt.Wons and AddNlafol Informed.. In case of emergency,contgct MR at:OW755-4117 tll AMEN WWS CflA1 PUMON:1�e�by ON*"I rA9 aomm"M this ihtplurrl am h"No tlee 000V dmmod end areh d ma"* pr In W amoM m bis trsnspert The mgNrMt1 deecfined an Imes nMMeot an eobleet to bdw fA§I*W&MVW snarl%rspr4lbhra I a19 PIh erne Alhrdh DOM MY /r, B'S i 1L TMruporbr 1 Aftw a ftcIpsrnMt a tv.aettlt dl R 0!04 A eretme AftI/r aip war w 11erNtskr e>f p.pegll be Apere�Yt11 11619 PA11edlTyp�NMA. MOndt 04" 1lar F 1°•Dtea.pelMy ttaee.leorl tlipees A L to w,Opo Ders"Imi as mid aro 1lIem1181 ee notes bis tttlow Il. r �.. • _._ — ..._.,,__;rte. - . —--• — .:.a��,. YYIRIL► �© b �lY -�fanfetmllar' n9r w .►_ .