Okaloosa County BOCC — November 5, 2013 — USAF Lease of 3 7 acres to Okaloosa County for ARFF — reading text

or release of any toxic or hazardous wastes, substances, or materials on or from any part of the Base, including the Leased Premises, which occurred prior to the first day of Lessee’s occupation or use of each portion of, or any building, facility, or other improvement on, the Leased Premises under any instrument entered into between the Parties, or the Term Beginning Date, whichever is earlier. Further, the Lessee has no obligation under this Lease to undertake environmental response, remediation, or cleanup relating to such use or release. 11.7.1. For the purposes of this Condition, “defense” or “environmental response, remediation, or cleanup” include liability and responsibility for the costs of damage, penalties, legal, and investigative services relating to such use or release. “Occupation” or “use” shall mean any activity or presence (including preparation and construction) in or upon such portion of, or such building, facility, or other improvement on, the Leased Premises. 11.7.2. This Condition does not relieve or impose on the Lessee of any obligation or liability they might have or acquire with regard to third parties or regulatory authorities by operation of law. 11.7.3. This Condition 11.7 shall survive the expiration or termination of this Lease. 11.8. No Liability for Interference. The Lessee expressly acknowledges that it fully understands that some or all of the response actions to be undertaken with respect to the FFA, if applicable, or the [RP, may impact the Lessee’s quiet use and enjoyment of the Leased Premises. The Lessee agrees that notwithstanding any other provision of this Lease, the Government assumes no liability to the Lessee should implementation of the FFA, if applicable, or the IRP, or other hazardous waste cleanup requirements, whether imposed by law, regulatory agencies, or the Air Force or the Department of Defense, interfere with the Lessee’s use of the Leased Premises. The Lessee shall have no claim against The United States or any officer, agent, employee, or contractor thereof on account of any such interference, whether due to entry, performance of remedial or removal actions, or exercise of any right with respect to the FFA, if applicable, or the IRP or under this Lease or otherwise. 11.9. Response or Remedial Actions. The Lessee agrees to comply with the provisions of any health or safety plan in effect under the [RP or any hazardous substance remediation or response agreement with environmental regulatory authorities during the course of any of the above described response or remedial actions. Any inspection, survey, investigation, or other response or remedial action will, to the extent practicable, be coordinated with representatives designated by the Lessee. The Lessee and any approved sublessees or assignees, and any licensees, or invitees of it or them, shall have no claim on account of entries against The United States or any officer, agent, employee, contractor, or subcontractor. In addition, the Lessee shall comply with all applicable Federal, state, and local occupational safety and health regulations. 11.10. Storage of Hazardous Wastes. The Lessee, with respect to its operations and activities, if any, on the Leased Premises must comply with all applicable Federal, state, and local laws, regulations, and other requirements relating to occupational safety and health, the handling and storage of hazardous materials, and the proper generation, handling, accumulation, treatment, storage, disposal, and transportation of hazardous wastes. The Lessee shall not treat, store, transport, or dispose of hazardous waste unless the Lessee is in possession of any required permit issued to it under the Resource Conservation and Recovery Act, as amended (RCRA). The Lessee shall not treat, store, transport, or dispose of any hazardous waste under, pursuant to, or in reliance upon any permit issued to the Government. The Lessee shall be liable for the cost of proper disposal of any hazardous waste generated by its approved sublessees in the event of failure of the sublessees to dispose properly of those wastes. The foregoing provision shall not extend to the disposal of hazardous waste generated by the Government. 11.11. Environmental Records. The Lessee must maintain and make available to the Government all records, inspection logs, and manifests that track the generation, handling, storage, treatment, and disposal of hazardous waste on the Leased Premises by Lessee, as well as all other records required by applicable laws and requirements. The Government reserves the right to inspect the Leased Premises and Lessee records for compliance with Federal, state, local laws, regulations, and other requirements relating to the generation, handling, storage, treatment, and disposal of hazardous waste, as well as to the discharge or release of hazardous substances. Violations will be reported by the Government to appropriate regulatory agencies, as required by applicable law. The Lessee shall be liable for the payment of any fines and penalties which may accrue as a result of the actions of Lessee. 11.12. Spill Plans. The Lessee shall have a completed and approved plan prior to commencement of operations on the Leased Premises for responding to hazardous waste, fuel, and other chemical spills. The plan shall comply with all applicable requirements and shall be updated from time to time as may be required to comply with changes in site conditions or applicable requirements, and where required, shall be approved by all agencies having regulatory jurisdiction over such plan. The plan shall be independent of Air Force spill prevention and response plans. The Lessee shall not rely on use of the Base’s personnel or equipment in execution of its plan. The Lessee shall file a copy of the approved plan and approved amendments thereto with the Commander within fifteen (15) days of approval. Notwithstanding the foregoing, should the Government provide any personnel or equipment, whether for initial fire response or spill containment or otherwise on request of the Lessee, or because the Lessee was not, in the opinion of the Government, conducting timely cleanup actions, the Lessee agrees to reimburse the Government for its costs in accordance with all applicable laws and regulations. Lessee shall have no obligation to prepare a Spill Plan hereunder unless and until it assumes occupancy and operation of the ARFF Facility to provide ARFF Services. 11.13. RCRA Compliance. In the event that Lessee occupies and operates the ARFF Facility, the Lessee shall comply with the hazardous waste permit requirements under the RCRA or its State equivalent and any other applicable laws, rules, and regulations. The Lessee must provide at its own expense hazardous waste storage facilities which comply with all laws and regulations as it may need for such storage. Government hazardous waste storage facilities will not be available to the Lessee. Any violation of the requirements of this Condition shall be deemed a material breach of this Lease. 11.14. Accumulation Points. Air Force accumulation points for hazardous and other wastes shall not be used by the Lessee, and the Lessee shall not permit its hazardous waste to be commingled with hazardous waste of the Air Force. 11.15. Discharge of Fill. The Lessee shall not discharge, or allow the discharge of, any dredged or fill material into any waters or wetlands on the Leased Premises except in compliance with Condition 25.6 and with the express written consent of the Commander. 11.16. EBS. The Lessee acknowledges receipt under separate cover of the EBS for the Leased Premises. 11.17. Pesticides. Prior to the storage, mixing, or application of any pesticide, as that term is defined under the Federal Insecticide, Fungicide, and Rodenticide Act, the Lessee shall prepare a plan for storage, mixing, and application of pesticides (Pesticide Management Plan). The Pesticide Management Plan shall be sufficient to meet all applicable Federal, state, and local pesticide requirements. The Lessee shall store, mix, and apply all pesticides within the Leased Premises only in strict compliance with the Pesticide Management Plan. The pesticides will only be applied by a licensed applicator. 11.18. National Pollutant Discharge Elimination System (NPDES) Permit. The Lessee shall comply with all requirements of the Federal Water Pollution Control Act, as amended, the NPDES, and any applicable State or local requirements. If the Lessee discharges wastewater to a publicly owned treatment works, the Lessee must submit an application for its discharge prior to the start of this Lease. The Lessee shall be responsible for meeting all applicable wastewater discharge permit standards. The Lessee shall not discharge wastewater under the authority of any NPDES permit, pretreatment permit, or any other permit issued to the Base. The Lessee shall make no use of any septic tank installed on the Base without the prior written consent of the Government. 11.19, Radioactive Materials. The Lessee must notify the Government of the Lessee’s intent to possess, store, or use any licensed or licensable source or byproduct materials, as those terms are defined under the Atomic Energy Act, as amended, and its implementing regulations; of Lessee’s intent to possess, use, or store radium; and of Lessee’s intent to possess or use any equipment producing ionizing radiation and subject to specific licensing requirements or other individual regulations, at least sixty (60) days prior to the entry of such materials or equipment upon Leased Premises on the Base. Upon notification, the Government may impose such requirements, including prohibition of possession, use, or storage, as deemed necessary to adequately protect health and the human environment. Thereafter, the Lessee must notify the Government of the presence of all licensed or licensable source or byproduct materials, of the presence of all radium, and of the presence of all equipment producing ionizing radiation and subject to specific licensing requirements or other individual regulation; provided, however, that the Lessee need not make either of the above notifications to the Government with respect to source and byproduct material which is exempt from regulation under the Atomic Energy Act. ‘The Lessee shall not, under any circumstances, use, own, possess, or allow the presence of special nuclear material on the Leased Premises. 11.20. Alterations and Environmental Cleanup. The Lessee further agrees that it shall give the Government prior written notice accompanied by a detailed written description of all proposals for any Alterations (as defined in Condition 18.1) which may impede or impair any activities under the IRP, or the FFA if applicable, or are to be undertaken in certain areas of the Leased Premises identified as “Areas of Special Notice” on Exhibit E to this Lease. These Areas of Special Notice consist of either “Operable Units” (as defined in the National Contingency Plan) or other areas of concern because of the potential for environmental contamination and include buffer areas as shown on Exhibit E. The notice and accompanying written description of such proposals shall be provided to the Government sixty (60) days in advance of the commencement of any such Alterations. In addition, Alterations shall not commence until Lessee has complied with the provisions of Condition 18.3. The detailed written description must include the effect such planned work may have on site soil and groundwater conditions and the cleanup efforts contemplated under the IRP and the FFA, if applicable. Notwithstanding the preceding three sentences, the Lessee shall be under no obligation to give advance written notice of any Alterations that will be undertaken totally within any structure located on the Leased Premises, provided that the work will not impede or impair any activities under the IRP or the