EP 1180-1-1
1 Aug 01
(8) Geological field surveys and testing.
(9) Laboratory analysis.
(10) Landscaping (other than as part of construction).
(11) Solid waste removal.
(12) Operation and maintenance of treatment units (i.e., incinerator units, pugmill systems, water
treatment plants).
d. Three examples serve to illustrate the substantial and segregable standard for incorporation of DBA
provisions.
(1) In an action that calls for the removal and disposal of drums of hazardous waste, the
contract/delivery order is principally for service (removal/disposal). However, site set-up requires some
incidental construction activities such as electrical hook-up, construction of stairs for project offices,
clearing and construction of access roads, etc. These activities are not substantial relative to the overall
scope of the action.
(2) In an action that calls for excavation and off-site disposal of contaminated soil, the principal
purpose of the contract/delivery order is service (removal of soil through transportation and disposal).
The excavation and staging of the soil is an activity which is substantial, and can be functionally separated
from the transportation and disposal.
(3) In an action that calls for the excavation and on-site incineration of the contaminated soil, the
principal purpose of the contract/delivery order is still service (treatment of the contaminated soil). In this
case, excavation is substantial, but as a practical matter may not be segregable from the incineration of the
soil if the activity is continuous and is to be performed by the same contractor employees. However, if
the two activities are phased, or if the excavated material is to be temporarily contained, the incineration is
then capable of being segregated from the excavation and should be treated accordingly. Appendix D
provides a summary view of the above decision- making process.
3-19. Exploratory Drilling. Contracts for subsurface exploration, which have as their principal purpose
3-14
Previous Page
