Mountaineer Generating Station  

Definitions: The term "CCP" is used to broadly define coal combustion by-products. The term "Buyer" means any user of CCPs including and not limited to: concrete producers, cement manufacturers, road construction companies, engineering firms, transportation entities, agricultural companies or any other entity or individual that utilizes CCPs in any capacity whatsoever. The term "Plant" is referred to as the organization that produces CCPs and makes the CCPs available under various conditions to the Buyer.

Buyer must comply with all federal, state and local environmental protection statutes and/or regulations regarding the use of CCPs. Buyer must secure any required permits or approvals associated with the use of CCPs. Without limiting the generality of the foregoing, Buyer must comply with the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C.A. 9601, et seq., as amended, the Resource Conservation and Recovery Act, 42 U.S.C.A. 6901, et seq., as amended, the Clean Water Act, 33 U.S.C.A. 1251, as amended, all regulations applying to air and water pollution and sewage treatment as they may affect Buyer's operations.

Buyer agrees to perform all operations while on Plant property in a safe and careful manner and to furnish, use, and require its employees to use such safety devices, methods and measures as are reasonably required to protect its employees, the employees of other contractors, Plant's employees and the public against bodily injury or damage to Plant property. Buyer also agrees to comply with all laws, rules or regulations applicable to the safe performance of such work, including, without limitation, the Occupational Safety and Health Act of 1970, or successor legislation. Buyer further agrees to comply with all supplemental safety and security rules issued by Plant.

A Material Safety Data Sheet MSDS is provided for Buyer's reference. This MSDS must be distributed by Buyer to any of Buyer's customers or employees who will be in contact with the CCP. Without limiting the general obligations stated above, Buyer must comply with applicable provisions of the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

The responsibility and cost for complying with all the terms of these safety and environmental requirements is the sole responsibility of Buyer. Neither action nor inaction by Plant shall affect or relieve Buyer from its responsibility for the safety and security of its employees, its subcontractor's employees, the employees of other contractors, Owner's employees and the public.


1. This safety procedure is required by all truck drivers, dry and wet fly ash.

2. All drivers will be required to wear hard hats and safety glasses when not in their trucks.

3. At the Silo, Tanker truck drivers must use the safety platform provided to open their hatch.

4. Driver should report to silo operator. Truck is loaded on a scale so the driver will be given all the paper work in the scale house.

5. Before leaving silo area, spout must be retracted from atop trailer. Silo operator will signal to driver when spout is retracted with hand signal or horn sound. Do not leave the silo before GETTING SIGNAL.

6. Once loaded and you have the signal, pull back and replace your hatch cover using the permanent ladder. Then pull forward through the truck wash, then proceed through the plant to the construction gate observing the posted speed limits.

7. Proceed to the exit gate at a safe speed. DO NOT LEAVE THE PLANT IF YOUR TRUCK WEIGHS MORE THAN 80,000 LBS


Buyer is responsible for vehicle operations including:

  • Not exceeding the posted speed limits.
  • Safe operation and maintenance of Buyer's vehicles including contractors vehicles used to haul CCP.
  • Compliance with Department of Transportation rules and regulations.
  • Annual drug and alcohol screening for employees and subcontractor employee.
  • Require all tanker trucks or other trucks to enter and exit plant via the specific gate designated by the Seller.
  • Maintain Insurance Coverage per the minimum limits established by the Plant.
  • Abide by all Emergency Procedures established by the Plant.


Buyer's employees and/or subcontractors performing work at Plant facility must participate in an established substance abuse program (SAP).

Buyer's SAP program must include pre-hire testing and testing for cause, as may be determined by Plant and/or Broker.

SAP testing must be performed by a laboratory certified by the Department of Health and Human Services and must include screening for the drug classifications with the associated cut-off limits shown in the following table.

Drug Class
Screening Cut-Off Limit (ng/ml)
Confirmation Cut-Off Limit (ng/ml)