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Environmental Guidance for ODOT Contractors

Overview

• Our Goal: to provide information and guidance on where to look and what to do for environmental concerns

What are my Environmental Responsibilities?

• Fulfill Contract terms with ODOT

• Comply with State and Federal Laws and regulations

Where do they come from?

• ODOT Environmental Programs was formed in 2007 to consolidate the environmental responsibilities of the agency

• ODOT staff and consultants identify the applicable laws and regulations that may affect a project

• Once identified, they are included in the project by permit, plan note, special provision, or by specification.

Where do they come from?

• FHWA funded projects have additional requirements

• Projects that require federal permits trigger additional requirements

• Environmental Programs Division strives to make the environmental requirements as clear as possible...

Where can I find them?

Where do I find my environmental Responsibilities?

• Agency Regulations

• Contract Documents

• Specifications

• Special Provisions

• Plan Notes

2009 Specs

• Section 107 Legal Relations and Responsibility to the Public

o The Contractor shall observe the following… on the project or the conduct of the work on the project

• Federal and State laws

• Local laws and ordinances

• Regulations, orders and decrees of bodies or tribunals having jurisdiction …

• Also found in the 1999, 1996, 1988, 1976, and 1967 Spec Book…

Don’t leave it to luck

• Understand where your risks are

• Ask questions when things aren’t clear

• ODOT environmental specifications have been refined and made more specific over the years, in response to changes in laws, and changes in enforcement by agencies

To name a few…

• Clean Water Act (CWA)--- ODOT Storm water requirements, Corps of Engineers Permits (404), Spill Prevention Control and Countermeasures (SPCC)(Regulated by DEQ, EPA, Corps)

• Endangered Species Act (ESA) , Bald and Golden Eagle Protection Act (BGEPA) and Migratory Bird Treaty Act (MBTA) --- Avoidance of construction activities in certain areas or at certain times (Regulated by USFWS)

To name a few…

• Hazardous and Non-hazardous Waste management

• Other Permits…

– FAA

– DEQ Industrial Regulations for Batch Plants

EPA Guidance

• EPA’s planning guide for Construction and Development provides background and information to assist.

ODOT Specifications

• 2009 Standard Specifications for Highway Construction

2009 Specs

• Section 104.13 – Environmental Protection

o …avoid pollution of streams…with fuel, oils,…or other harmful materials….

o …Avoid impacts to …endangered species…and the critical habitats…

o Do not ford streams unless approved by the Engineer,

o …keep sediment from entering the stream…

o The contractor shall treat water from aggregate washing or other work resulting in sedimentation by filtration, settling basins, or other means…

2009 Specs

• Section 107.02 Permits and Licenses

– …The Contractor shall contact all local government agencies with jurisdiction within the project limits to determine if local storm water permits are required.

2009 Specs • 107.09 Protection of Archeological and

Unmarked Human Burial Sites

o Plant sites, Borrow pits, and waste areas need to be reviewed by

ODOT (allow 10 days)

o If archeological remains or human burials are encountered, immediately cease all activity in the surrounding area and notify the Engineer

o Protected under the Oklahoma Antiquities Law/Burial Desecration Law

Cultural Resources/Archeological Avoidance Notes

2009 Specs

• 107.10 Forest, Park, and Public Land Protection

– Applies to work within or adjacent to these lands

– The Contractor shall keep the area in an orderly condition, dispose of all refuse…and take all reasonable measure to prevent and suppress forest fires

2009 Specs

• 107.15 Hazardous Material

o If contractor encounters abnormal conditions like:

• Barrels drums, tanks, or other chemical containers

• Noxious odors emanating from the soil or water table

• Excessively hot earth

• Stained or oily soil or groundwater

Suspend work in the area and notify the Engineer

Call us…405-521-3050

Call the Inspector/Resident Engineer…

2009 Specs

• 107.16 Protection of Wetlands

– The Contractor shall not construct or locate off-site facilities in areas designated as wetlands by the US Army Corps of Engineers (Corps) before written approval from the Corps

– Adhere to the Corps permit requirements in the contract, if applicable.

– No current wetlands review for borrow sites by ODOT

2009 Specs

• 107.17 Navigable Airspace

– FAA Permit

• 107.18 Navigable Waterways

– Coast Guard and/or Corps Permit

• 107.19 Regulated Floodways

– FEMA, OWRB and/or Corps

2009 Specs

• 107.20 Storm Water Management

– The Contractor is responsible for complying with 401 and 404 of the Clean Water Act, and the OPDES General Permit for Construction Activities

– More details for storm water requirements are located in Section 220

2009 Specs

• 107.21 Wildlife Protection

– The Contractor shall comply with laws protecting threatened and endangered species, migratory birds, and water quality.

– Post on site an illustrated list of all known endangered species

– If the species is encountered notify the Engineer

– Allow 10 working days for ODOT to evaluate the finding.

Environmental Notes:

• Can be for avoidance of protected areas (Archeological Sites, Wetlands)

• Seasonal restrictions on work (Cliff swallow nests, spawning/nesting season for ESA’s)

• Notice of potential contamination, requiring coordination with ODOT’s Environmental Contractors

Environmental Commitments

• Design features

– Aesthetic treatments (color, formliner)

– Noise wall heights, locations, and details

– Sometimes leaving things alone is a commitment

Plan notes alerting the Resident Engineer and Contractor will be included in the plans…

Plan Notes

Environmental Notes

• HAZARDOUS WASTE PLAN NOTE: Contaminated groundwater may be encountered

along US-69/75 Business, between Survey Station 822 and Survey Station 833. A plume of chlorinated solvents is migrating towards this project from the east. Although the relative risk of encountering contamination is considered low, the exact location of any contaminates at the time of construction is unknown. Groundwater is located approximately 5 to 7 feet below the ground surface. De-watering of contaminated groundwater into any storm sewer or surface channel is not an option. If contaminated soil or groundwater is encountered, contact the Environmental Programs Division at (405) 521-3050.

Environmental Notes

• Be familiar with special notes and what they require

• Compliance with State and Federal Law is contingent upon implementing the notes

• Significant penalties are possible for non-compliance

• Federal funding for the project could be jeopardized

• Notes can effect your construction schedule and your bid

2009 Specs

• Section 201 Clearing and Grubbing

– Do not disturb or remove hazardous waste materials, archeological or historic materials or human remains or graves without approval

– Outside limits of construction, remove only those trees as shown on the plans

– Limiting disturbed area is the focus of Storm Water regs. Recommend phasing disturbance to minimize to the maximum extent practicable.

Storm Water – Keeping it Simple

Basic Principles for storm water compliance:

Disturb as little as possible

Cover as soon as possible

Properly install BMP’s, like silt fence

Keep soil in place

Keep sediment on the project

Clean up sediment ASAP

Keep other substances out of the rain

Off Site Vehicle Tracking

Stabilized Construction Exit • Use large aggregate at least 6” deep on separator fabric

to keep sediment off public roads.

• DEQ requires removal of off-site tracking by the end of work the same day the track-out occurs…

Stabilized Construction Exit

Concrete Washout?

Concrete Wash Out

• Concrete wash out should be in a designated area, and fully contained on site…

Keep Chemicals Covered

• Solid Waste Management:

Building materials and other construction site wastes, including sanitary wastes, must be properly managed and disposed of to reduce the risk of pollution. Practices such as trash disposal, recycling, proper sanitary facility maintenance, and spill prevention and cleanup reduce the potential for storm water runoff to move construction site wastes into surface or ground water.

Construction debris

• Uncontaminated dirt, rock, concrete, bricks, and solidified asphalt may be disposed of at locations that do not have a permit issued by DEQ IF the material is composed of ONLY uncontaminated dirt, rock, concrete, bricks, or solidified asphalt, the landowner consents to the disposal, and the disposal does not violate any other state or local laws or regulations.

BMP’s (it could always be worse…)

• Best Management Practices (to protect water quality)

• Not “OK” management practices

• Construction Industry is regulated by BMPs and other qualitative controls, instead of numeric permit limits,

• Other industries with discharges of storm water have numeric monitoring

Interconnected Regs and Permits

• 404 Permit includes ESA, Section 106 and stormwater compliance. Problems with one of these can invalidate the permit.

• Stormwater permit includes ESA compliance

• NEPA approvals for federally funded projects include all the applicable state and federal laws identified. (Section 106, ESA, Stormwater, 404/401, Coast Guard, floodplain, etc….)

QUESTIONS?