Section 2: TxDOT Standard Specifications
Item 3.60 – Definition of Hazardous Materials or Waste
The term hazardous materials/waste is defined in TxDOT Standard
Specifications (Item 3.60 Hazardous Materials or Waste). Hazardous
materials or waste include, but are not limited to, "explosives,
compressed gas, flammable liquids, flammable solids, combustible
liquids, oxidizers, poisons, radioactive materials, corrosives,
etiologic agents and other materials classified as hazardous by
40 CFR 261, or applicable state and federal regulations." This definition
is very broad and the requirements for handling, testing, removal
and disposal may differ depending upon applicable federal, state
and local laws and regulations.
Item 7.3 – Laws to be Observed
Per TxDOT Standard Specifications (Item 7.3 Laws to be Observed),
the Contractor shall observe and comply with all federal, state,
and local laws, ordinances and regulations. It is important to note that
under the Occupational Safety and Health Act (OSHA), the contractor
(employer) is still responsible for the health and safety of his/her
employees.
Item 6.10 – Hazardous Materials
TxDOT Standard Specifications (Item 6.10 Hazardous Materials)
addresses hazardous materials discovered on sites that are owned
or controlled by the State. Per Item 6.10, materials used in the project
shall be free of any hazardous materials. The Engineer should be
notified immediately if any materials are suspected of containing
hazardous materials.
Item 6.10 also discusses the responsibilities for existing
materials and materials delivered to the project containing hazardous
materials. For existing materials, the State is responsible for
testing and removal and the Engineer may suspend work. For materials
delivered, the contractor is responsible for testing and removal.