Chapter 3-800: Certifications for Clean Air and Water

The Federal Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.) require federal awards to include certifications of compliance with these Acts. (See External Requirements 3-F09.) The certification states that the awardee and any facility to be used in performance of the agreement will comply with the standards of these regulations. No facility included in the Federal Excluded Parties List may be used in the performance of a federal or State contract or grant.

State of California Government Code Section 4475 et. seq. states that

No state agency shall enter into any contract for the purchase of supplies, equipment, or services from any person who is in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district, or is subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions, or is finally determined to be in violation of federal laws relating to air or water pollution.

The State contract or grant clause requires the contractor to certify that no portion of the work to be done will be performed at a facility which is in violation of any State or federal air or water pollution orders. (See External Requirements 3-S06.)

3-810 Responsibilities of Materiel Management - Business and Finance Bulletin Bus-56

Business and Finance Bulletin BUS-56, Materiel Management: Purchases from Entities Violating State or Federal Water or Air Pollution Laws, sets forth the procedures for the University implementation of these laws. Materiel Managers are prohibited "from entering into contracts of $10,000 or more for the purchase of supplies, equipment or services from any person entity who has been determined to be in violation of federal or State air or water pollution laws in violation of this statute.” Where subcontracts are administered by campus Contract and Grant Offices, those offices are responsible for confirming that a proposed subcontractor is not on the Federal Excluded Parties List.

3-820 Role of Contracts and Grants Officers

Contracts and Grants Officers may sign federal contracts or lists of certifications and representations which include the clean air and water certifications. The signature certifies that the University does not use any facility in the performance of this proposed award which has been listed on the Federal Excluded Parties List as an EPA violating facility.

In State contracts, clean air and water compliance clauses are incorporated in the exhibits.