Page: 1 of 6 Version: 1.1 NEWMONT MINING CORPORATION ENVIRONMENTAL DEPARTMENT Subject: Environmental Policies for Contractors and Vendors Effective Date: May 2006 I. PURPOSE These guidelines establish certain environmental requirements imposed upon and procedures to be followed by all contractors and vendors (each, Contractor ) entering on to property owned or operated by Newmont USA Limited, d/b/a Newmont Mining Corporation or any of it s affiliates (collectively, Newmont ). Where the written agreement entered into by and between Contractor and Newmont contains requirements and/or procedures which are more restrictive than those found herein, the terms of such agreement shall control. Where such written agreement contains requirements and/or procedures which are more lenient than those found herein, the terms of this Policy shall control unless such agreement specifically references this Policy and states that the terms of such agreement shall control. Contractor shall be responsible for insuring that its employees and subcontractors comply with this Policy. II. GENERAL While on a Newmont owned or operated property (a Job Site ), Contractor shall comply with all laws, regulations, ordinances, permits, orders, and other applicable governmental authorizations or limitations regarding protection of the environment which are applicable to Contractor s work at a Job Site (collectively, Law ). Where the provisions of this Policy are more stringent than those of Law, the provisions of this Policy shall apply. Contractor shall be responsible for knowing all requirements of Law and shall perform its work in strict accordance with Law and these Policies. Further, and without limiting the foregoing, to the extent that Contractor believes that any of its operations may pose specific environmental concerns, it is Contractor s obligation to affirmatively and promptly address such concerns with Newmont.
Page: 2 of 6 Version: 1.1 III. POLICY Without limiting the generality of the foregoing requirements, Contractor shall comply with the following. A. Handling, Storage and Disposal of Hazardous Materials All hazardous materials use and hazardous waste disposal is strictly regulated. Contractor shall not bring any hazardous materials on to a Job Site without the prior written approval of Newmont. Contractor shall be responsible for the proper storage and disposal of all inert, solid, liquid, and hazardous waste generated at, or brought onto, a Job Site by Contractor. Contractor's staging or storage areas for fuels, oils, lubricants, and any potentially hazardous chemical products shall be adequately contained to prevent release or loss of material to adjacent land and/or water resources. Barrels, tanks, and other containers shall be properly labeled as to contents and hazard, pursuant to Law. Containment provided by Contractor shall consist of synthetic geomembrane, portable secondary containment, or other Newmont-approved technology and shall prevent release or loss of material to adjacent land and water resources. At a minimum, containment structures shall be designed to contain 110% of the largest storage vessel in use. Containment structures shall have attached lids which are sealed when not in use, bulk storage tanks shall have secondary containment, and containers shall be located away from foot and vehicle traffic areas. If storage of subject wastes and materials at a Job Site is expected to exceed 24 hours, Contractor must submit its containment plan to Newmont for approval prior to the initiation of storage. ALL waste chemicals, used or waste oils and lubricants, used or waste antifreeze, hydrocarbon contaminated soils and associated materials, and chemically contaminated soils shall be removed from a Job Site within 10 days of generation or initial storage unless otherwise authorized in writing by Newmont. In the event of a hazardous material use or hazardous waste generation, Contractor shall provide Newmont with Contractor's EPA hazardous waste generator s identification number and a written plan detailing the manner in which storage, transportation, and disposal of hazardous materials or generated hazardous waste shall be completed. Contractor shall be provided copies of Certificates of Disposal or equivalent for all wastes disposed of offsite by Contractor. S:Env\Policies\Environmental Policies for Contractors and Vendor.doc 2 May 2006
Page: 3 of 6 Version: 1.1 B. Spill Response Contractor shall report to Newmont Environmental, immediately following initial discovery, all spills and releases of any quantity of hazardous or non-hazardous material. [Should specify to whom within Newmont Contractors should report spills] Initial reports shall include Contractor s name and contact information; the date, time, location, substance, and amount of the spill; and the circumstances causing the spill. A Material Release Report and Cleanup Report (forms provided by Newmont) shall be completed by Contractor and submitted to Newmont within 24 hours of discovery of a release. Contractor shall promptly take all appropriate actions to cease and contain any spill or unpermitted release. Contractor shall be responsible for implementing appropriate cleanup and remediation measures, which shall be designed and implemented in coordination with Newmont. C. Disposal of Trash and Debris Contractor shall keep a Job Site free from any accumulation of waste materials, rubbish, or debris resulting from Contractor s work and shall prevent any waste materials, rubbish, or debris from entering any sewer, drain or other line or piping of any type on or about a Job Site (whether or not installed pursuant to the contract) as a result of Contractor s work or as a result of any act or omission of Contractor. Rubbish shall include, but not be limited to, any trash, packing materials, food wrappers and scraps, liner and pipe trimming or cutting debris, and cigarette and cigar butts. During the progress of Contractor s work and upon its completion, Contractor shall remove all waste materials, rubbish, debris, tools, construction equipment, and surplus materials from a Job Site unless otherwise authorized in writing by Newmont and shall leave the balance of the Job Site broom clean or its equivalent unless otherwise specified. In the case of a dispute as to the responsibility for cleaning up as between various Contractors, Newmont may arrange for such cleanup and charge the cost thereof to Contractors in such proportions as Newmont shall determine to be proper. Inert general trash will be allowed in Newmont s Class III Landfills. However, no liquids or hazardous materials of any kind are allowed to go into the landfills. Contractor must obtain approval from Newmont Environmental before disposing of oily rags, sandblasting materials, empty containers, paint wastes, aerosol cans, etc. in Newmont s Class III Landfills. Each circumstance will be handled on a case by case basis. If S:Env\Policies\Environmental Policies for Contractors and Vendor.doc 3 May 2006
Page: 4 of 6 Version: 1.1 Contractor is uncertain whether or not an item is allowed in the landfill, Contractor should contact the Environmental Department. A sign containing a list of materials not allowed in the landfill is posted at each site. Inert construction debris is allowed in Newmont s Class III Landfills. However, Contractors must get approval from Newmont Environmental prior to any such disposal. Specific instructions may be needed because varying circumstances could affect certain stipulations of Newmont s landfill permits. In addition, some construction debris, instead of being sent to an on site landfill, might be appropriate for a scrap/recycle program. D. Stormwater Flow Contractor may only park equipment in those areas from which stormwater flows into stormwater management facilities. If necessary, Newmont-approved stormwater diversion or interception structures shall be constructed and maintained by Contractor to prevent any such flow of stormwater. Contractor shall be familiar with and comply with Newmont s Stormwater Pollution Prevention Plan and/or Stormwater Management Plan, a copy of which is attached hereto and incorporated herein. E. Wildlife If Contractor finds a dead or injured animal at a Job Site, Contractor shall report the circumstances to Newmont Environmental as soon as possible. Information needed for this report includes: name of the reporting person, date, time, species, location, and any facts the reporting person can provide regarding the animal s cause of death or injury. Contractors shall not touch or move an animal s nest or den. If a wild animal s nest or den is in the path of Contractor s work, Contractor shall report the situation to Newmont Environmental prior to any disturbance, and shall not proceed without Newmont s concurrence. No wildlife shall be fed or otherwise disturbed by Contractor. S:Env\Policies\Environmental Policies for Contractors and Vendor.doc 4 May 2006
Page: 5 of 6 Version: 1.1 F. Historic Sites, Cultural Artifacts, and Paleontological Resources Contractor shall be aware of and shall immediately notify Newmont Environmental should Contractor encounter, uncover, or expose any cultural, ethnographic, or paleontological resource on a Job Site (e.g., arrowheads, pottery, and bones). Upon such discovery, Contractor shall immediately cease work and not disturb or take possession of any artifacts or debris from a potential cultural or ethnographic site, until further directed. G. Land Disturbance, Air Emissions and Dust Control Newmont is strictly regulated regarding disturbance of natural vegetation, topsoil, streambeds, and streams. If Contractor must work in areas where these natural resources are located, extreme care must be taken not to disturb any more land or vegetation than is absolutely necessary and, in no event, may Contractor disturb more area than is allowed by the applicable permit(s). Newmont s contract representative will have an exact scope of work for each project if surface disturbance is involved in completing a project. If Contractor s work includes the use of erosion control and/or vegetation establishment materials, only certified noxious weed-free materials shall be used. Dust control measures are in effect year round on Newmont property. Contractor shall control emissions of pollutants to the air to the levels defined within: (1) the pertinent federal, state and local permits; and/or (2) Law; and/or (3) Newmont s Fugitive Dust Control Plan, a copy of which is attached hereto and incorporated herein, whichever requirement is most stringent. Fugitive dust emission control shall be accomplished by the use of water applications or Newmont-approved dust suppressants for road surfaces and other area sources. Emissions from other sources shall be controlled with applicable control technology. Some large equipment also requires permits to operate (for example, large compressors or generators, conveyor systems). Contractor shall report to Newmont Environmental any large equipment being brought on a Job Site that could require a permit to operate. A copy of the required permit must be reviewed and approved by Newmont Environmental before the equipment is brought on site. S:Env\Policies\Environmental Policies for Contractors and Vendor.doc 5 May 2006
Page: 6 of 6 Version: 1.1 H. A Plan Newmont, in its sole discretion, may require Contractor to submit an operations plan (the "Plan") for Newmont s approval at any time during Contractor s performance of the work. The Plan may cover any of the subjects set forth in paragraphs A through G, above. THE DEVELOPMENT AND CONTENTS OF A PLAN, AND NEWMONT S APPROVAL THEREOF, SHALL NOT LIMIT CONTRACTOR S INDEPENDENT OBLIGATION TO COMPLY WITH LAW AND THIS POLICY, NOR SHALL THE SAME RELIEVE CONTRACTOR OF ANY LIABILITY UNDER CONTRACTOR S AND NEWMONT S AGREEMENT. ANY WORK COVERED BY THE PLAN WHICH IS NOT PERFORMED PURSUANT TO SUCH PLAN SHALL BE FOR THE ACCOUNT OF CONTRACTOR, AND CONTRACTOR SHALL DEFEND AND INDEMNIFY NEWMONT FROM AND AGAINST ANY LIABILITY ARISING OUT OF CONTRACTOR'S FAILURE TO PERFORM WORK PURSUANT TO SUCH PLAN, INCLUDING, BUT NOT LIMITED TO, COSTS OF DEFENSE, SETTLEMENT, COSTS OF COURT AND REASONABLE ATTORNEYS' FEES. In addition to requiring a Plan, to the extent that Newmont determines that Contractor is not complying with its obligations set forth in this Policy, Newmont also may, at is sole discretion, require Contractor to cease additional work until compliance is achieved. S:Env\Policies\Environmental Policies for Contractors and Vendor.doc 6 May 2006