Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-2 - SCRAP TIRE SITE REMEDIATION › Section 335-4-2-.04 - Remediation Contracting

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Approved Contractors
				List
.
(a) For large sites,
				remediation contractors who wish to perform work under the STF must demonstrate
				to the satisfaction of ADEM through the submittal of a technical proposal using
				ADEM Form 530, and any other documents as may be required by ADEM, that they
				have adequate staff and resources to perform scrap tire site remediation and
				that they have the legal standing to perform the work. The remediation
				contractor must provide services that include, but are not limited to,
				preparation of a remediation plan, site assessment, site security, excavation
				or processing of scrap tires or tire materials, vector control, transportation
				of tire materials, and site closure.
(b) ADEM will provide notice of requests for
				technical proposals from remediation contractors by publication of a legal
				advertisement.
1. Completed proposals shall
				be independently evaluated by members of a Contractor Review Committee to
				establish an approved contractor list. The Review Committee shall consist of
				three (3) ADEM staff appointed by the Director and two (2) members of the STC
				appointed by the Chairperson of the STC. This process shall be repeated at
				intervals determined by ADEM to provide interested firms with the opportunity
				to submit qualifications to be included on the approved contractors
				list.
2. Contractors that have been
				approved will not be required to resubmit except under the provisions of
				335-4-2-.04(1)(c).
3. Contractors who submitted technical
				proposals but were not approved may resubmit in response to the next request
				for proposals. Contractors will be notified in writing of the reasons why they
				were not approved.
4. A contractor
				shall not be eligible for payment of expenses from the STF if he is not on the
				approved contractors list.
5.
				Misrepresentation of any information in the technical proposal shall be cause
				for disqualification of the firm from further consideration or removal of the
				firm from the approved list
(c) Remediation contractors that fail to
				satisfactorily maintain the requirements of (1) will not be approved to perform
				remediation work utilizing the STF until a demonstration is made that satisfies
				the requirements of
				335-4-2-.04(1).
1. A contractor may lose authorization to
				perform work for the STF if, due to the quality or timeliness of work performed
				by the contractor, progress in completing actions at STF-funded sites has been
				significantly delayed or inhibited.
2. A contractor removed from the approved
				contractor list may submit a request for evaluation as an approved contractor
				at the next notice of request for proposals in
				335-4-2-.04(1)(b).
				This contractor shall satisfactorily demonstrate that steps have been taken to
				address the causes for losing approval. A satisfactory evaluation by the
				Contractor Review Committee will enable the contractor to perform STF
				work.
(d) A remediation
				contractor may lose authorization to perform work under the Scrap Tire Fund if
				either of the following occurs:
1. The
				contractor is determined to be in significant noncompliance with any
				environmental permit, regulation, or statute ; or
2. The contractor is determined by the
				Department to be failing to meet applicable requirements of public contracts
				executed on behalf of the State of Alabama and its agencies.
(e) The approval of a remediation
				contractor shall in no way establish liability or responsibility on the part of
				ADEM, STC or the State of Alabama in regards to the services provided by the
				contractor or circumstances which may occur as a result of the services, nor
				guarantee that the contractor will receive STF funded work.