Section 5 10. Disposal Of Surplus And Unsuitable Material

SECTION 5 SITE AND ROAD WORK

10. Disposal of Surplus and Unsuitable Material.

A. Ownership of Excavated Materials:

Owner of all suitable excavated material shall remain in the Department until the final job requirements for fill or backfill materials have been fulfilled.  Unless otherwise provided by the plans or special provisions, any surplus materials then remaining and not needed for job requirements shall become the property of the Contractor and are to be disposed of by him, outside the right of way, to the satisfaction of the Engineer.

In urban or other areas where temporary storage of apparent excess suitable materials within the right of way may be impracticable, the Contractor may stockpile the materials outside the right of way in areas provided by him.  Until suck materials are needed in the job or are declared surplus.  With the written approval of the Engineer, the Contractor may dispose of such apparent excess material with the stipulation that he shall replace any portion of the disposed material required to fulfill the actual job requirements, with equally suitable material, at his own expenses.

No extra compensation will be allowed for any re-handling involved under the provisions of this Sub-article.

B. General Requirements for Disposal:  Excavated muck or other materials unsuitable for the roadway construction shall be disposed of as shown in the plans or, if the plans do not indicated the disposal, the materials shall become the property of the Contractor and shall be disposed of by him outside the right of way.

C. Disposal of Muck on Side Slopes: As an exception to the provisions of 120-5.2 when approved by the Engineer, in rural undeveloped areas muck (A-8 material) may be placed on the slopes, or may be stored alongside the roadway, provided there shall be a clear distance of at least six feet between the roadway grading limits and the muck, and the muck shall be so dressed as to present a reasonably neat appearance.  In addition, disposal of this material by placing on the slopes may also be permitted in developed areas where, in the opinion of the Engineer, this will result in an esthetically pleasing appearance and will have no detrimental effect on the adjacent developments.  Where muck or other unsuitable material is permitted to be disposed of inside the right of way limits, such material shall not be placed such as to impede the inflow or outfall of any channel or of side ditches.  The Engineer shall determine the limits adjacent to channels within which such materials shall no be placed.

D. Disposal of Paving Materials: Unless otherwise indicated in the plans, paving materials excavated in the removal of existing pavements, such as paving brick, asphalt block, concrete slab, lime-rock, sidewalk, curb and gutter, etc., shall become the property of the Contractor and shall be disposed of by him outside the right of way.  If the materials are to remain the property of the Department, they shall be placed in neat piles as directed.

E. Disposal Areas: Where the plans or specifications require the Contractor to dispose of excavated materials outside the right of way, and the disposal area is not indicated in the contract documents, the Contractor shall furnish the disposal area without additional compensation.

Areas provided by the Contractor for disposal of removed paving materials shall be out of sight of the project and at least 300 feet from the nearest roadway right of way line of any State-maintained road.  The 300-foot limitation will not apply, however, if the materials are buried.