Common use of Regulated Materials Clause in Contracts

Regulated Materials. 1.6.1. If the Contractor discovers any violation of any laws or regulations relating to human health and safety, wetlands, underground storage tanks, asbestos, the environment or discovers any Regulated Materials on the Project Site or reasonably believes that any hazardous materials are present on the Project Site that are not otherwise identified in the Contract Documents to be used, incorporated into the Project or required to complete the work of a contractor, the Contractor shall immediately stop the Work and report the violation or condition to the Owner and the Construction Manager. When the violation has been corrected or the hazardous material or condition has been properly removed or remediated, the Contractor shall immediately resume performance of the Work. If the violation was caused by the Contractor or its Subcontractor’s, or if the hazardous materials were used, generated, stored, released, disposed of or otherwise introduced to the Project Site by the Contractor or any Subcontractor, then such violation of use shall be corrected, or such hazardous materials shall be removed or remediated at the cost of the Contractor. If the violation was caused by the Owner or Construction Manager, the hazardous materials were not used, stored, generated, released or otherwise introduced to the Project Site by the Contractor or one of its Subcontractors, then the responsible party shall pay the cost of remediating or cleaning up the hazardous material and the Contractor Contract Time shall be equitably extended. 1.6.2. The Project may be subject to the regulations of the Ohio EPA requiring a so called NPDES permit and Storm Water Pollution Prevention Plan (SWP3). By execution of this Contract, the Contractor (1) acknowledges that they reviewed and understand the conditions and responsibilities of the SWP3; (2) agrees to execute any documentation necessary required by EPA to provide proof of such acknowledgment; and (3) shall abide by and assist with implementing the requirements of the SWP3.