A. Off-Site Disposal. All excess excavated soils in excess of five cubic yards, not otherwise relocated within the Bingham Junction North property, that the landowner or developer elects to haul off site for disposal, must be disposed of in an RCRA Subtitle D landfill unless the excavated soils are demonstrated to satisfy applicable EPA action levels. Wastes must be characterized in accordance with the requirements of the permitted disposal facility and disposed of in accordance with applicable federal and state hazardous and solid waste laws. Excavated soils of five cubic yards or less require no additional precautions.

B. Slag Materials. Slag visible at the surface either prior to or after site grading will be excavated and handled by one of the following methods: (1) placed under roadways constructed in city rights-of-way, in parking lots, or in similar areas; (2) covered with a minimum of two feet of surface cover; or (3) disposed in an RCRA Subtitle D landfill.

C. Procedures for Testing Materials. Excess excavated materials, soils, slag, and other materials shall not be subject to this materials management provision if the results of voluntary testing of a representative sample of such materials are at or below the applicable EPA action levels.

D. Notice to Contractors. Contractors performing earthwork within the Bingham Junction North property will be informed of the presence of contamination and informed of applicable EPA documents. Contractors will be required to comply with applicable environmental laws and regulations, including OSHA. (Ord. 6/26/2007O-8 § 1 (Exh. A (part)))