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 place a notice on the
				Department's website requesting technical proposals from prospective
				remediation contractors.
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
				335-4-2-.04(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 as described 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.
				Contractors will be notified in writing if they are approved.
(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 fails to meet applicable requirements of public contracts executed
				on behalf of the State of Alabama and its agencies, as determined by the
				Department.
(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 regard 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.