SUBPART 223.71--STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS

 

 

 223.7100 Policy.
 223.7101 Procedures.
 223.7102 Exceptions.
 223.7103 Contract clause.


223.7100  Policy.

10 U.S.C. 2692 prohibits storage or disposal of non-DoD-owned toxic or hazardous materials on DoD installations, except as provided in 223.7102.  DoD Directive 6050.8, Storage and Disposal of Non-DoD-Owned Hazardous or Toxic Materials on DoD Installations, implements 10 U.S.C. 2692.

 

223.7101  Procedures.

 

      (a)  If the contracting officer is uncertain as to whether particular activities are prohibited or fall under one of the exceptions in 223.7102, the contracting officer should seek advice from the cognizant office of counsel.

 

      (b)  When storage, treatment, or disposal of non-DoD-owned toxic or hazardous materials is authorized in accordance with this subpart, the contract or authorization should specify the types, conditions, and quantities of toxic or hazardous materials that may be temporarily stored, treated, or disposed of in connection with the contract or as a result of the authorized commercial use of a DoD industrial-type facility.

 

223.7102  Exceptions.

 

      (a)  The prohibition of 10 U.S.C. 2692 does not apply to—

 

              (1)  The storage of strategic and critical materials in the National Defense Stockpile under an agreement for such storage with the Administrator of General Services Administration;

 

              (2)  The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal law enforcement in storing or disposing of explosives when no alternative solution is available, if such storage or disposal is made in accordance with an agreement between the Secretary of Defense and the head of the Federal agency concerned;

 

              (3)  The temporary storage or disposal of explosives in order to provide emergency lifesaving assistance to civil authorities;

 

              (4)  The disposal of excess explosives produced under a DoD contract, if the head of the military department concerned determines, in each case, that an alternative feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production requirements;

 

              (5)  The temporary storage of nuclear materials or nonnuclear classified materials in accordance with an agreement with the Secretary of Energy;

 

              (6)  The storage of materials that constitute military resources intended to be used during peacetime civil emergencies in accordance with applicable DoD regulations;

 

              (7)  The temporary storage of materials of other Federal agencies in order to provide assistance and refuge for commercial carriers of such material during a transportation emergency;

 

              (8)  The storage of any material that is not owned by DoD, if the Secretary of the military department concerned determines that the material is required or generated by a private person in connection with the authorized and compatible use by that person of an industrial-type DoD facility; or

 

              (9)  The treatment and disposal of any non-DoD-owned material if the Secretary of the military department concerned—

 

                    (i)  Determines that the material is required or generated by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type facility of that military department; and

 

                    (ii)  Enters into a contract with that person that—

 

                          (A)  Is consistent with the best interest of national defense and environmental security; and

 

                          (B)  Provides for that person’s continued financial and environmental responsibility and liability with regard to the material.

 

      (b)  The Secretary of Defense, where DoD Directive 6050.8 applies, may grant exceptions to the prohibition of 10 U.S.C. 2692 when essential to protect the health and safety of the public from imminent danger.

 

223.7103  Contract clause.

 

      (a)  Use the clause at 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials, in all solicitations and contracts which require, may require, or permit contractor performance on a DoD installation.

 

      (b)  Use the clause at 252.223-7006 with its Alternate I, when the Secretary of the military department issues a determination under the exception at 223.7102(a)(9).