Section 2: TxDOT Standard Specifications

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Item 1.58. Definition of Hazardous Materials or Waste

The term hazardous materials/waste is defined in TxDOT Standard Specifications (Item 1.58. 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 the applicable regulations.

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Item 7.1. Laws to be Observed

Per TxDOT Standard Specifications (Item 7.1. 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.

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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.

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