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1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS <br /> DEFINED <br /> A . Except as may be defined otherwise in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . <br />D , <br /> " pollution " is the presence in off- site waters of any substances , contaminants , <br /> or manmade or human - induced impairment of waters or alteration of the <br /> chemical , physical , biological , or radiological integrity of water in quantities or <br /> at levels which are or may be potentially harmful or injurious to human health <br /> or welfare , animal or plant life , or property . Pollutants to be removed include <br /> but are not limited to , sediment and suspended solids , solid and sanitary <br /> wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck <br /> washout , construction chemicals , and construction debris . <br /> B . When the Discharge is Directly Into an Existing Water Body , Pollution Occurs <br /> When . . . An existing water body ( including ditches and canals ) is defined to <br /> be polluted by the CONTRACTOR ' s operations when at any time , the <br /> turbidity of the water immediately downstream of the CONTRACTOR ' s <br /> discharge point( s ) is 29 nephelometric turbidity units ( NTUs ) higher than the <br /> turbidity of the background water upstream of the discharge point ( s ) . [ See <br /> Fla . Administrative Code 62 - 302 . 530 ] The ENGINEER or OWNER shall <br /> determine the locations where the turbidity is measured . <br /> C . When the Discharge is not Directly Into an Existing Water Body , Pollution <br /> Occurs When . . . In some instances , dewatering water or stormwater runoff <br /> from the construction site or work area may reach a water body indirectly , <br /> such as after traveling through pipes or by overland flow . Before <br /> construction commences , the OWNER or ENGINEER will measure <br /> background levels of total suspended solids ( TSS ) and turbidity , in the <br /> immediate vicinity of the discharge water' s ultimate discharge point into the <br /> receiving water body . If the discharge water' s TSS and turbidity <br /> measurements exceed these pre - construction background values by 29 <br /> NTUs for turbidity , then the discharge from the CONTRACTOR ' s operations <br /> is defined to be polluted . <br /> D . Pollution Always Occurs When . . . The discharge is defined to be polluted <br /> whenever any of the following is present in the discharge water : <br /> ( 1 ) Hazardous waste or hazardous materials in any quantity , <br /> ( 2 ) Any petroleum product or by- product in any quantity , <br /> ( 3 ) Any chemical in any quantity , or <br /> ( 4 ) Concentrated pollutants . <br /> E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way , limit the <br />types <br /> of conditions in which pollution may be determined to occur . <br /> 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION <br /> A . In addition to the OWNER ' s other remedies listed herein , if the <br /> CONTRACTOR fails to comply with this Section and erosion or pollution is <br /> caused by dewatering water or stormwater runoff from the construction site , <br /> FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave . doc\9611A & 0001 - <br /> Technical Provisions . doc . 5 - <br />