Environmental Handbook for Oregon Construction Contractors · environmental problems. With this in...

ENVIRONMENTAL HANDBOOKfor

OREGON

CONSTRUCTION CONTRACTORS:

Regulatory

Guidance

Prepared for the Oregon Department of Environmental Qualityby Palermini & Associates

May 1994

Note: This publication can be made available in alternative format(e.g., large print, braille) upon request.

Please contact Jo Brooks, Public Affairs,(503) 229-6044

to request an alternate format.

NOTICE

The Environmental Handbook for Oregon Construction Con-tractors: Regulatory Guidance was prepared by Paler-mini andAssociates for the Waste Reduction Assistance Program of theOregon Department of Environmental Quality (DEQ)

Neither DEQ nor any person acting on its behalf:

a. Make any warranty or representation, expressed or implied,with respect to the use of any information contained in this docu-ment, or that the use of any information, apparatus, method, orprocess disclosed in this document may not infringe on privatelyowned rights; or

b. Assume any liabilities with respect to the use of, or fordamages resulting from the use of any information, apparatus,method, or process disclosed in this document.

This manual is offered for educational and informational purposes.When using this manual, it is recommended that the facts andcircumstances be reviewed by appropriately trained professionalsand consultants.

This material is a public domain document. As such, it may notbe copyrighted in any form. This material may be reproduced foreducational purposes so long as this Notice is included.

Table of Contents

Introduction ,...........,........................,....,.................,............................................................. i

Chapter 11.11.2

Chapter 22.12.22.3

Chapter 33.13.2

3.3

3.4

3.53.6

3.73.0

Chapter 44.14.24.34.44.54.6

Chapter 55.15.25.35.45.55.65.75.8

About This HandbookHow To Use this Handbook ............................................................................................. 1

For Additional Information ............................................................................................. 1

Contractor LiabilityContractual Issues .......................................................................................................... 2

Insurance Coverage .......................................................................................................... 4

Contacts and Sources of Assistance ......................................................................... 4

Water QualityLicensing of On-Site Sewage Disposal Services ........................................................ 5

Construction and Hook Up of On-Site Sewage DisposalSystems ............................................................................................................................. 7

Sewer Hook Ups (Discharge of Wastewater to a MunicipalSewer) ................................................................................................................................. 7

Soil Erosion and Sediment Control (Storm WaterManagement) ................................................................................................................... 8

Water Quality Requirements for Specific River Basins ........................................... 11

Discharge of Construction Wash Water to Surface Watersor Storm Drains or onto/into the Ground ................................................................ 12

Construction Activities in Natural Waterways ........................................................ 14

Wellhead Protection ....................................................................................................... 18

Air QualityAsbestos ......................................................................................................................... 20

Parking Lots .................................................................................................................... 25

Dust and Fugitive Emission Control ......................................................................... 2 6

Open Burning ................................................................................................................... 27

Installation of Woodstoves ........................................................................................ 3 0

Chlorofluorocarbons ...................................................................................................... 32

Solid Waste ManagementState Regulations ......................................................................................................... 3 4

Oregon’s Solid Waste Policy ........................................................................................ 3 4

Recycling Opportunities ............................................................................................... 35

State Solid Waste Disposal Regulations ................................................................ 35

Prohibited Disposal ....................................................................................................... 3 5

Hazardous and Other Special Waste ....................................................................... 3 6

Storage and Collection of Waste ............................................................................... 3 6

Contacts and Sources of Assistance ...................................................................... 3 8

REGULATORY GUIDANCE

Chapter 66.16.26.36.46.56 .6

6.76.86.9

Chapter 77.17.27.37.47.5

Chapter 88.18.28.38.48.58 .6

Chapter 99.19.29.39.49.5

Chapter 1010.110.210.3

Chapter 1111.111.2

Hazardous Waste Managementfederal and State Regulations .................................................................................. 39Determining Which Wastes Are Hazardous ............................................................. 40

Hazardous Waste Generator Category .................................................................... 40Annual Reporting of Hazardous Waste .................................................................... 40

Hazardous Waste Generator Fees ............................................................................ 40

Hazardous Waste Manifest/Packaging and TransportingRequirements .................................................................................................................. 41

Toxic Use Reduction Plans............................................................................................ 41

Additional Hazardous Waste Management Requirements .................................. 42

Contacts and Sources of Assistance ...................................................................... 43

Special Waste ManagementFluorescent and HID Lamps ........................................................................................ 44

Polychlorinated Biphenyl (PCBs) ................................................................................ 45

Asbestos ......................................................................................................................... 47

Lead .................................................................................................................................. 48

Chlorofluorocarbons ..................................................................................................... 49

Underground Storage TanksEnvironmental Issues ................................................................................................... 50

Federal and State Regulations .................................................................................. 50

DEQ Service Provider Licensing .................................................................................... 51

DEQ Notification of lank Services ............................................................................. 52

DEQ Contamination Reporting Requirements ......................................................... 53

Contacts and Sources of Assistance ...................................................................... 53

Noise PollutionEnvironmental Issues ................................................................................................... 54

State Regulations .......................................................................................................... 54

Local Regulations ........................................................................................................... 54

Procedures ...................................................................................................................... 54Contacts and Sources of Assistance ...................................................................... 55

Employee Health and SafetyOverview of Employee Health and Safety Issues ................................................... 56

Employee Training .......................................................................................................... 57

Contacts and Sources of Assistance ....................................................................... 57

Consumer issuesRadon ............................................................................................................................... 58

Volatile Organic Compounds ....................................................................................... 60

R E G U L A T O R Y G U I D A N C E

INTRODUCTION

The mission of the Oregon Department of Environmental Quality is to be an active force torestore, enhance and maintain the quality of Oregon’s air, water and land.

-DEQ Strategic Plan, 1990

You are probably familiar with traditionalregulatory approaches to controlling

pollution through permitting of certain on-siteconstruction activities or specification of accept-able building or renovation practices. However,with the passage of Oregon’s landmark ToxicsUse Reduction and Hazardous Waste ReductionAct of 1989 (TURHWRA), the way Oregoncompanies conduct business changed.

TURHWRA was the first law to take a compre-hensive approach in addressing the managementof chemical usage from start to finish. In unani-mously passing this statute, the Oregon Legisla-ture declared that the best way to reduce theadverse effect of industrial chemicals on humanhealth and the environment was to reduce theiruse at their source. The Legislature also provideddirection for Oregon businesses to find ways toreduce their chemical use without shifting risksfrom one part of a process, environmental mediaor product to another. Similarly the United StatesCongress passed “The Pollution Prevention Actof 1990,” which prioritizes prevention of polIu-tion at the source over recycling, treatment,disposal or other releases into the environment.

The Oregon Department of EnvironmentalQuality (DEQ) has embraced the concept of

pollution prevention and is incorporating it intoits regulatory programs. And although DEQ’sregulatory programs are segmented into air,water, solid waste, hazardous waste and cleanupactivities, the agency is moving toward anintegrated approach to environmental problemsolving.

This progressive approach to environmetalissues does not, however, relieve contractorsfrom regulatory requirements mandated by thestate or the U.S. Environmental ProtectionAgency. On the contrary, it seeks to find cost-effective solutions to addressing Oregon’s majorenvironmental problems.

With this in mind. this handbook was developedto compile the myriad of environmental regula-tions the construction industry is guided by, toprovide an overview of these regulatory require-ments, and to set the stage for a companiondocument, entitled Environmental Handbook forOregon Construction Contractors: Best Pollu-tion Prevention Practices, that highlights recom-mended Best Pollution Prevention Practices forthe construction industry. It provides the con-struction industry with a “comprehensive”approach to regulatory compliance and pollutionprevention.


Chapter1212.112.212.312.4

Appendix A

Spill Reporting and CleanupFederal and State Regulations ................................................................................... 61

Spill Reporting ................................................................................................................ 6 2

Cleanup ............................................................................................................................ 6 3

Contacts and Sources of Assistance ...................................................................... 6 3

DEQ Regional Offices .................................................................................................... 6 4

Tables

3.14.14.24.34.45.15.26.1

7.18.18.28.39.1

12.112.2

Local Jurisdictions That Issue NPDES 1200-c Permits .......................................... 9

Sample List of Materials That May Contain Asbestos ......................................... 22

Parking Lots Requiring Air Pollution Permits .......................................................... 25

Cities Prohibiting Construction and Demolition Open Burning ........................... 28

Counties Prohibiting Construction and Demolition Open Burning ..................... 23

Demolition Landfills Accepting C&D Waste ............................................................. 3 6

Oregon Used Oil Dealers ............................................................................................... 37

Hazardous Waste Generator Category Based on MonthlyAmount of Hazardous Waste Generated .................................................................. 41

Disposal of PCB Ballasts ............................................................................................ 4 6

Service Provider Licenses .............................................................................................. 51

Supevisor Licenses ....................................................................................................... 51

Notification of Tank Services ........................................................................ ............ 52

Local Noise Control Programs .................................................................................... 55

Determining if a Spill is a Crisis ................................................................................. 55

Agencies to Notify During a Spill ............................................................................... 62

Figures

6.1 Example of Generator Category Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42


CHAPTER1

About This Handbook

1.1 How To Use This Handbook

T his document is divided into 12 chaptersaccording to subject matter. Each chapter

is further divided into subsections. A gray boxappears at the beginning of each chapter orsubsection. This box tells you whether theinformation in that section applies to your typeof construction work.

Following the gray box is a list of federal andstate laws and reguiations that apply to theparticular construction activity. The citations forsome of these laws and regulations are abbrevi-ated as follows:

CFR Code of Federal RegulationsORS Oregon Revised StatutesOAR Oregon Administrative Rules

The remaining material in each section outlinesapplicable regulatory requirements, permitprocedures, necessary work practices and notifi-cation of environmental authorities.

1.2 For Additional Information

Each section concludes with a subsection,entitled “Contacts and Sources of Assistance”which lists addresses and phone numbers ofresources that can provide you with more infor-mation. Also, Appendix A provides you with thephone numbers and addresses of the DEQregional offices.


C H A P T E R2

Contractor Liability

C onstruction projects have great potentialfor environmental degradation. General

contractors and subcontractors face potentialliability if their actions or the actions of theiremployees either violate environmental laws andregulations or contribute to environmentaldamage.

The financial burden resulting from such liabilitycan be considerab!e. It is becoming common forgovernment agencies to enforce regulations byassessing civil penalties against violators. Thesecan exceed thousands of dollars per day perviolation. In many cases, criminal penalties alsoapply. For example, corm-actors found respon-sible for contamination can be ordered to con-.duct cleanup activities or to reimburse the stateagency, federal agency or private party thatimplements the cleanup. Depending on theextent of damage, you also may be subject tolawsuits from private parties who feel they havebeen wronged.

It’s important to understand that you do not haveto be negligent to be responsible for environmen-tal damage. Contractors can be liable regardlessof whether or not they are at fault. You can beheld liable even if you are unaware that youractions caused environmental contamination.

There are four ways to protect yourself:

l Become aware of environmental requirements,such as those outlined in this handbook.

l Train your employees and your subcontractors.

l Pay careful attention to the wording of con-struction contracts.

l Make sure you have adequate insurance cover-age.

2.1 Contractual Issues

Whether you are a general contractor, construc-tion manager, subcontractor or specialty contrac-tor, the written contract you sign will have asignificant, though not exclusive, impact on bothyour environmental responsibilities and theextent of your liability.

When you enter into a construction contract, it’simportant to understand how responsibilities,risks and costs are allocated between the ownerand all others involved in the project. Properlyaddressing liability within the contractual rela-tionship can reduce your exposure to third-partyclaims. However, not all risk can be addressed ina construction contract And you can’t “contract

2


away” the right of the government to pursue anyperson who violates the law.

Below are some issues to consider when enteringinto a construction contract. The followingdiscussion should be viewed as a brief overview,not as a comprehensive discussion of contractualprotection. For more guidance, consult with yourattorney. The Construction Hazardous WasteGuide, prepared by the Oregon-Columbia Chap-ter of the Associated General Contractors,contains a lengthy discussion of contractualissues (see Section 2.3, Contacts and Sources ofAssistance).

Remember, each contract is a separate businessarrangement, There is no standard contractlanguage adequate to address all the environ-mental issues you may face as you move fromjob to job. Be alert, familiarize yourself withenvironmental requirements, and when in doubt,seek legal counsel.

Compliance with Environmental Regulations

Compliance with environmental regulationshelps protect you from liability and financialhardship. You can control your own actions.Your contracts with subcontractors shouldaddress their actions and compliance. All sub-contractors should be required to:

l Strictly comply with all government require-ments.

l Protect the site and monitor activities so as toprevent a third party from creating a hazardousincident or causing environmental contamina-tion.

l Identify hazardous materials used or stored atthe project site and ensure proper labeling,storing, handling and disposal.

Known or Expected Hazardous Substances

Some environmental contaminants, such asasbestos, were prevalent in construction materi-als such as floor tile, insulation and shinglesprior to the 1980s. As mentioned in Chapter 3,Air Quality, materials that are likely to containasbestos should be tested before handling. If thematerial is not tested, the law requires contrac-tors to proceed as if the material contains asbes-tos.

Your contact should address the need to test forknown or expected environmental contaminants.It should specify who is responsible for hiring aqualified person to conduct such tests.

Federal and state environmental regulationsrequire proper management of hazardous wastesgenerated on your sites. You are responsible fortheir management, removal and if transferredoff-site, insurance that they meet their finaldestination.

Unexpected Site Conditions or HazardousSubstances

Every contract should provide for the discoveryof unexpected hazardous materials or situationsencountered during construction. As much aspossible, your contract should clarify yourresponsibilities and obligations for unexpectedsite conditions.

The contract should require the owner to provideyou with the best available information about thesite and materials located on the site. Theowner’s disclaimer of liability clause should bemodified to state that the contractor has noresponsibility for existing site conditions ormaterials located at the site such as toxic, haz-ardous or other dangerous substances. If youencounter an unknown hazardous substance orcondition, immediately notify the owner. It’swise to have the contract require the owner tohire a qualified person to determine if the sub-

3


stance is hazardous or regulated. In the interim,you should protect the site to prevent environ-mental degradation.

If you must absorb the risk of unexpected condi-tions on the site, negotiate a provision thatallows you access to the site and time to evaluatethat risk before beginning construction. Thecontract should give you the option to terminatethe contract if conditions are not satisfactory. Itis advisable to provide a contract allowance forappropriate inspections and testing.

2.2 Insurance Coverage

Insurance should be viewed as a last resort:every effort should first be made to preventenvironmental incidents from occurring. Never-theless, an uninsured environmental incident canbankrupt a responsible party. Because of thetremendous financial risk involved, it makesbusiness sense to obtain pollution liabilityinsurance.

Insurance usually comes in one of two forms:endorsement to an existing liability policy orunder a separately issued policy. Because pollu-tion liability insurance is extremely complicated,contractors should consult with qualified insur-ance professionals to obtain the coverage theyneed. In addition, your attorney should reviewthe proposed policy to determine exactly whatyour coverage is.

The Construction Hazardous Waste Guideprepared by the Oregon-Columbia Chapter of theAssociated General Contractors, provides ageneral overview of pollution liability policies(see Section 2.3, Contacts and Sources of Assis-tance).

2.3 Contacts and Sources ofAssistance

For more information, contact:

l Appropriate legal counsel

l Insurance representatives

l Construction Hazardous Waste GuideOregon-Columbia Chapter of the Associ-ated General Contractors,Environmental Affairs Hazardous WasteTask Force9450 SW Commerce Circle, Suite 200Wilsonville, OR 97070(503) 682-3363

Information for Chapter 2 was obtained withpermission from the “Construction Hazard-ous Waste Guide” prepared by the Oregon-Columbia Chapter, Associated GeneralContractors Environmental Affairs Hazard-ous Waste Task Force.

4


CHAPTER3

Water Quality

C onstruction activities produce many kindsof pollutants that can affect water quality.

Construction of buildings and roads often in-volves the use of toxic or hazardous materialsthat can infiltrate the groundwater or run off theconstruction site into storm drains or surfacewater. Sewer hook ups as well as the installationand maintenance of septic systems anddrainfields also may introduce pollutants. Grad-ing and other land disturbance contributes toerosion and sedimentation of streams, lakes andwetlands. Dredging and filling of surface waterbodies also can have a major impact on waterquality, fish and wildlife habitat.

This chapter outlines several state and federalregulations that apply to construction activities.Some areas, such as the Tualatin River Subbasinand Oswego Lake, also are subject to localrequirements. Section 3.5 explains local ordi-nances and lists other river basins that soon maybe subject to local requirements.

Always check with local water quality authori-ties before beginning construction activities. Asa contractor, understand that you are respon-sible and liable for maintaining water qualitystandards even if your particular activity doesnot require a local, state or federal permit. Formore information on how to avoid water pollu-tion problems see the accompanying DEQmanual entitled "Environmental Handbook forOregon Construction Contractors: Best Pollu-tion Prevention Practices."

3.1 Licensing of On-SiteSewage Disposal Services

This section applies to contractors who planto provide sewage disposal services such asinstallation, repair, alteration, or pumping ofseptic tanks and drainfields.

3.1.1 State Regulations

OAR 340-71-600

OAR 340-71-140 On-Site Sewage Disposal Service

Rules for Licensing

On-Site Sewage Disposal Service Fees

Contractors who plan to install, repair, alter orpump septic tanks and drainfields on a commer-cial basis must obtain an On-Site Sewage Dis-posal Service license from DEQ. Requirementsand procedures are explained on the following

page-

5

3.1.2 lnstallers Only

If you intend only to install systems, you must:

l Complete a one-page application for a SewageDisposal Service License (Form No. DEQ-WQWH1859).

l Submit a $175 application fee.

l Submit a $2,500 Sewage Disposal ServiceBond issued by a bonding or insurance com-pany that is licensed by the State of Oregon(submit the bond on DEQ’s bond form#WI31526 5/22/90).

l Submit equivalent security of $2,500 in theform of a savings account, certificate of de-posit or other negotiable security assignedirrevocably to DEQ.

l Register your corporation’s or assumed busi-ness name with the Secretary of State/Corpora-tion Division in Salem (see Section 3.1.4,Contacts and Sources of Assistance). Partner-ships and individuals not using assumedbusiness names do not need to register.

For more information and copies of forms,contact the DEQ Industrial and On-Site WasteSection (see Section 3.1.4, Contacts and Sourcesof Assistance).

3.1.3 Pumpers Only and Installer/Pumpers

If you intend to pump systems, you must:

l Follow all the procedures in 3.1.2 above.

l Prior to licensing, submit a Septage Manage-ment Plan for your business on Form DEQ-WQ-WH819. As part of the Septage Manage-ment Plan you will designate disposal site

locations and obtain letters of authorizationfrom disposal sites.

Have your pumper truck and equipment in-spected annually by DEQ or a Contract CountySanitarian. During the inspection, you and theinspector will complete Forrn No. DEQ-WQ-WH823. DEQ will issue authorizing vehicletags for the pumper truck. To make arrange-ments for vehicle and equipment inspection,contact your DEQ regional office or the countyoffice nearest you.

For more information and copies of forms,contact the DEQ Industrial and On-Site WasteSection (see Section 3.1.4, Contacts and Sourcesof Assistance).

3.1.4 Contacts and Sources of

Assistance

For more information contact:

l DEQ Industrial and On-Site Waste Section811 SW Sixth AvenuePortland, OR 97204l-503-229-64021-800-452-4011

l Local building or sanitation department

l Appropriate county office

l Secretary of State/Corporation Division158 12th Street, NESalem, OR 97310l-503-378-4166

6


3.2 Construction and Hook Upof On-Site Sewage DisposalSystems

This section applies already-licensedcontractors constructing and hooking upsubsurface domestic sewage systems, such’as septic tanks and drainfields.


OAR 340-71-150 Site Evaluation Proce-dures for On-Site Sewerage Disposal

Licensed Sewage Disposal Service Businesseswho plan to construct and hook up a subsurfacesewage system, such as a septic tank anddrainfield, must first apply for a site evaluation,receive a favorable site evaluation report andobtain a permit to construct the subsurfacesewage system.

3.2.2 Application Procedures

To apply for a site evaluation and permit, followthe procedures below:

l In Baker, Clatsop, Coos, Douglas, Gilliam,Grant, Josephine, Lake, Morrow, Umatilla,Union, Wallowa and Wheeler counties, contactthe nearest DEQ regional office (see AppendixA).

OAR 340-71-600 (1)(e) regulations onSewerage Disposal Service

l In all other Oregon counties, contact thecounty building, planning or environmentalhealth department.

l Generally, you will need to dig two test holesin the location of the proposed disposal systenThis allows the sanitarian to ensure the soil is

adequate to absorb and treat domestic wastewater. If the soils are not adequate, other DEQ-approved alternatives, such as a sand filtersystem, may be available.


Assistance


l County Building, Planning, or EnvironmentalHealth Department

l DEQ Regional Office (see Appendix A)

3.3 Sewer Hook Ups(Discharge of Wastewater to aMunicipal Sewer)

This section applies to contractors who

construct drain and sewage lines that hook

up to domestic sewage systems.

3.3.1 State and Local Regulations

Contractors must be licensed and bonded withthe Oregon Construction Contractors Board ifthey intend to construct drain and sewage linesfrom five feet outside a building or structure thathook up to a service lateral either at the curb, ina street or alley, or to some other disposal termi-nal holding human or domestic sewage.

7

Also contact your local building or plumbingdepartment for information on local require-ments.


Assistance

For more information, contact:

l Construction Contractors Board700 Summer St., NE, Site 300Salem, OR 97310-01511-563-378-4-621

l Local building or plumbing department

3.4 Soil Erosion and SedimentControl (Storm WaterManagement)

This section applies to contractors who willphysically disturb five (5) or more acres ofland by clearing, grading, excavation orconstruction activities.

Construction activities often contaminate stormand surface water. Grading activities removegrass, rocks, pavement and other protectiveground covers resulting in exposure of underly-ing soil. When exposed soil is picked up by windor washed away by rain or snow melt, erosionoccurs. Water carrying these soil particleseventually reaches streams, rivers, lakes andother surface water bodies, where the soil isdeposited. Such sedimentation chokes surfacewater bodies and can kill fish and plants.

Along with the soil, other pollutants can run offthe construction site and wash into surface waterdies. Examples include asphalt, sealants,petroleum products and other toxic or hazardousmaterials.

This section outlines requirements for minimiz-ing storm water runoff from construction sites.for more information on pollution preventionsee the accompanying DEQ manual entitledEnvironmental Handbook for Oregon Construc-tion Contractors: Best Management Practices.”

If you plan construction activities in the TualatinRiver subbasin and lands drainining to OswegoLake, you also may be subject to requirementsoutlined in Section 3.5.

3.4.1 Federal and State Regulations

Federal Clean Water Act40 CFR 122-124 Federal statute andregulations requiring a National PollutantDischarge Elimination System (NPDES)permit for construction activities thatdisturb five (5) or more acres of land.

OAR Chapter 340, Division 45 OregonRegulations Pertaining to NPDES and Water Pollution Control Facility Permits.

If you plan to physically disturb five (5) or moreacres of land by clearing, grading, excavating orother construction activities, you need a NPDESpermit #1200-C. Permits also are required forprojects that will disturb five (5) or more acres ofland over an extended period of time.

The 1200-C permit requires erosion and sedi-ment control measures at the construction site.

8


Table 3.1 Local Jurisdictions That Issue NPDES 1200-C PermitsCity, Contact Address and Phone Number

Benton Public Works Hermiston RoseburgDepartment 100 NE 2nd Street 900 SE Douglas Avenue360 SW Avery Avenue Hermiston, OR 97030 Roseburg, OK 97020Corvailis, OR 97333-1192 l-503-567-5521 I-503-672-77011-503-757-6021

Lake Oswego TalentClackamas Department P. O. Box 369 P. O. Box 445of Utllities Lake Oswego, OR 97034 Talent, OR 9754O302 Abernethy 1-503-635-0270 l-503-535-1566Oregon City, OR 97045I-503-650-3474 Milwaukie Community Troutdale

Development/Public Works 404 SE KiblingEagle Point P. O. Box 22009 Troutdale, OR 97060P. O. Box 779 Milwaukie, OR 97222 1-503-665-5175Eagle Point, OR 37524 1-503-652-44101-503-026-4212 Unified Sewerage Agency (areas of

Morrow Washington County within USAEstacada P. O. Box 706 service district)P.O. Box 958 Irrigon, OR 97844 150 N. First Ave.

Estacada, OR 97623 l-503-922-4624 Hillsboro, OR 971241-503-630-0274 1-503-640-0621

Myrtle CreekFlorence P. O. Box 940 Unified Sewerage Agency (citiesP. O. Box 340 Myrtle Creek, OR 97457 within USA service district)Florence, OR 97439 I-503-963-3171 150 N. First Avenue1-503-357-3436 Hillsboro OR 97124

Phoenix 1-503-640-0621Grant Department of Planning and P. O. Box 666Economic Development Phoenix, OR 97535 Woodburn CommunityP. O. Box 214 1-503-772-5007 DevelopmentCanyon City, OR 97020 270 Montgomery Street1-503-575-1519 Woodburn, OR 97071

l-503-902-5246

In Oregon, DEQ is responsible for issuing the1200-C permit. Some local jurisdictions havechosen to act as DEQ’s agent and issue the 1200-C permit in their community (see Table 3.1).

The U.S. Environmental Protection Agency isconsidering reducing the five-acre limit and mayrequire the NPDES 1200-C permit for smallerdisturbances. Should this occur, DEQ will notifythe regulated community.

3.4.2 NPDES 1200-C Permit - Overviewof Requirements

Permit Applicant/Application Procedures

The permit applicant may be either the propertyowner, the consulting engineer, or the develop-ment contractor, provided that the applicant isresponsible for assuring that erosion and sedi-ment control measures are implemented.andmaintained at the site. If permit conditions are

9


violated, DEQ will take enforcement actionagainst the applicant.

3.4.3 NPDES 1200-C Permit -Application Procedures

If the project is located in one of the communi-.ties in Table 3.1, contact that jurisdiction. Directall other applications to DEQ’s Regional Offices(see Section 3.4.4, Contacts and Sources ofAssistance).

Erosion Control Plan Requirements

Prior to beginning construction, you mustdevelop an Erosion Control Plan for your siteand have it approved by DEQ or DEQ’s agent.

The purpose of the plan is to minimize theerosion of disturbed land during clearing, exca-vation, grading, construction and post-construc-tion activities, and prevent sediment from leav-ing the construction site. DEQ or your localjurisdiction will provide guidance and minimumrequirements for your Erosion Control Planwhen you apply for the permit. Some elementsthat must be addressed in the plan include:

3.4.4 Contacts and Sources of Assistance

n Narrative site description.

l Site maps and construction plans.

l Erosion and sediment controls, including animplementation schedule.

l Any storm water control regulations requiredby the Oregon Statewide Water QualityManagement Plan that are specific to a particu-lar river basin (see Section 3.5).

l Any applicable local government sediment anderosion control and storm water managementrequirements.

An Erosion Control Plan that requires engineeredfacilities, such as settling, ponds or diverslon structures, orthat is prepared for a construction activity impacting 20acres or more in local land disturbance, must be prepared by a registered engineer.

Fees and Processing Time

The fee for the permit is $300. A compliancedetermination fee of $100 will be billed annuallyif the permit remains in effect more than oneyear. Average processing time for the 1200-Cpermit is 90 days.


DEQ Regional Offices ( see Appendix A)

Guidance DocumentsThe following local governments have devel-oped guidance manuals that you may finduseful:

l City of Portland, Erosion Control PlansTechnical Guidance Handbook1-503-623-7303

l Unified Sewerage Agency, Erosion ControlPlans Technical Guidance Handbook,1-503-648-8621.

l Clackamas County, Erosion/Sedimenta-tion Control Plan Technical GuidanceHandbook,1-503-655-8521

10


3.5 Water Quality Local jurisdictions have adopted ordinances

Requirements for Specific Riverrelated to erosion control and permanent on-sitestorm water treatment facilities to implement the

Basins state requirements.

This section applies to land developmentoccurring in specific Oregon river basins.

Contacts and Sources of Assistance

The Oregon Statewide Water Quality Manage-ment Plan calls for special erosion and stormwater control regulations on land development inspecific rivers basins throughout the state.

At the time this manual was printed, local regu-lations had been developed only for the TualatinRiver subbasin and lands draining to OswegoLake. However, specific requirements will bedeveloped for other local areas. See Section3.5.2 for areas likely to have local regulations.To be safe, always check with local water qualityauthorities before beginning construction.

3.5.1 Tualatin River Subbasin andOswego Lake

State Regulations

OAR 340 41-455 (3) Section of Statewide

Water Quality Management Plan regulating

activity in the Tualatin River subbasin andOswego Lake. _

The requirements of these regulations are similarto the NPDES 1200-C permit. However, theregulations apply to all construction projectsincluding those smaller than five (5) acres.Permanent storm water quality control facilitiesmay be required. You will still need a NPDES1200-C permit from DEQ if your project disturbsfive (5) or more acres. Some types of projectsare exempt.

For information on regulations pertaining to

the Tualatin River and Oswego Lake, contactthe appropriate local agency or DEQ's North-

west Region:

Unified Sewerage Agency150 N. First AvenueHillsboro, OR 971241-503-640-0621(in&de Washington County’s urban growthboundary)

l Multnomah County Environmental Services1620 SE 190th AvenuePortland. OR 972331-503-248-5050(unincorporated Multnomah County)

l Clackamas County Transportationa Development902 Abernethy RoadOregon City, OR 970451-503-655-0521

l City of Portland Environmental Services1120 SW Fifth AvenuePortland, OR 972041-503-823-774O

l City of West LinnP. O. Box 40West Linn, OR 970601-503-656-4212

l City of Lake OswegoP. O. Box 369Lake Osweqo, OR 970341-503-635-0270

l DEQ Northwest Region1-503-229-5263

11


You must obtain a NPDES 1700-J wash waterpermit from DEQ prior to cleaning tools, con-tainers, vehicles, equipment, and in some cases,buildings, and discharging the wash water intosurface waters or storm drams or onto theground. The permit is required even if you donot use detergents, degreasers or other chemi-cals. See Section 3.6.4 for activities that areexempt.

3.62 Application Procedures

l Apply for a NPDES 1700-J permit applicationfrom the DEQ Industrial and On-site WasteSection prior to construction.

l A Land Use Compatibility Statement will berequired.

l A Water Quality Impact Evaluation may berequired for applications with significantdischarges.

l If you are discharging to municipal stormsewers, you will also need a permit or ap-proval from the local jurisdiction.

l Application fees for the permit total $300. Youwill also be billed $100 yearly to maintain thepermit.

l Average processing time ranges from 30 to 90days. In some cases, more time may be needed;for example if you do not qualify for thegeneral NPDES 1700-J wash water permit andmust obtain an individual. permit. Public noticeand a public hearing are required for individualpermits.

3.6.3 Special Requirements andLimitations

Both permitted and exempt activities must meet

he following special requirements and limita-ions to protect water quality:

Detergents and chemicals must be biodegrad-able.

The use of detergents or cleaners containingphosphate is prohibited.

l Whenever practicable, all wash water contain-ing soaps or other cleaning chemicals shouldbe collected and reused or discharged to asanitary sewer.

l The quantity of soap, detergents or otherchemicals should be minimized as much aspossible.

3.6.4 Exempt Activities

The following activities are exempt from theNPDES 1700-J wash water permit. However,violation of water quality standards is notpermitted and the special requirements andlimitations outlined in Section 3.6.3 still must befollowed. Also, call DEQ for changes in exemptactivities.

l Rinsing of the chute and outside of a ready-mix concrete truck is permitted at the constr-tion site, provided the concrete residue isdischarged on site in an area approved by thecontractor or owner and provided it is notplaced in a storm sewer or any other areawhere it is likely to be carried into surfacewaters.

l Washing of buildings is permitted. However, ifstrong acids, caustics or other harsh chemicalsare used, the wash water must be collected orotherwise prevented from discharging to stormsewers or directly to surface waters. Muriaticacid is considered “strong.”

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l Washing of roads, parking lots, side walks andother paved surfaces is permitted, providedchemicals are not used and the surfaces areswept prior to washing.

l Any activity that collects all wash water anddischarges it to a municipal sanitary seweragesystem or totally recycles it may operatewithout a permit from DEQ. However, apermit may be required from the local jurisdic-tion.

3.6.5 Penalties for Non-Compliance

Failure to obtain a NPDES 1700-J wash waterpermit or failure to comply with the terms of apermit is a misdemeanor and punishable by acriminal penalty of up to $25,000 or imprison-ment of up to one year, or both. Each day ofviolation constitutes a separate offense.In addition, Oregon law allows DEQ to imposecivil penalties of up to $10,000 per day perviolation.

3.6.6 Contacts and Sources ofAssistance

3.7 Construction Activities inNatural Waterways

This section applies to contractors whodredge, excavate; fill, drain, alter, or conductconstruction activities in waters of thestate.

Oregon places a high value on clean water andwealthy habitat for fish and wildlife. Severalfederal and state regulations act to protect thesensitive biological values of our natural water-ways. These regulations apply to the PacificOcean, rivers, streams, lakes, ponds, overflowchannels and wetlands. Construction activities inor near these areas are regulated by severalpermits as outlined below.

These regulations and permits cover the con-struction activities listed below when they occurin waters of the state. Waters of the state includepublic and private rivers, streams, lakes, ponds,overflow channels, wetlands and the PacificO c e a n

Regulated Activities

l Excavation or dredging of material.

l Placement of fill material.

l Alteration of stream banks or a stream course,including installing rip rap for erosion protec-tion.

l Ditching and draining.

l In-water construction (Some examples includedriving piles, utility line crossings understreams, road crossings, etc.).

l Structures in navigable waters (docks, piers,etc.).

Although the number of regulations and permitsmay seem daunting, the process is fairly straight-forward as outlined below. You can apply forthese permits simultaneously and can often do soin a joint application process.

Some local jurisdictions require permits or haveother requirements for construction in or nearwaterways. Contact your local planning orbuilding department before proceeding.

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3.7.1 Federal and State Regulations 3.7.2 Section 401 Certification

Any federal permit or license that involvesconstruction affecting waters of the state requiresa Section 401 Certification from DEQ. Thepurpose is to certify compliance with state waterquality standards.

Application Process and Requirements

l Prior to construction, obtain certification fromthe DEQ Water Quality Division.

l Section 401 Certification is required beforeyou can obtain your Section 404 Permit fromthe U.S. Army Corps of Engineers (see Section3.73). However, you can apply for bothpermits simultaneously.

l There is no fee for Section 401 Certification.

l Approval can take up to one year. If DEQ doesnot respond within 90 days after receipt ofyour application. the certification requirementis waived.

l Public notice is provided simultaneously withthe U.S. Army Corps of Engineers’ Section404 notice.


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3.7.3 Section 404 Permit

Any filling or construction that occurs in watersof the United States requires a Section 404Permit from the U.S. Army Corps of Engineers.The permit is required prior to constructionactivity. There are several types of 404 Permitsdepending on the impact the project will have onwater resources. Here is an overview:

Nationwide Permit

l Projects with few impacts may qualify for anexisting permit known as a Nationwide Permit.

l The U.S. Army Corps of Engineers must verifythat the project complies with NationwidePermit requirements.

l Examples of projects that could fall under theNationwide Permit include minor rip rap alongstream banks for erosion protection, utility linecrossings under small streams and road cross-ings over small streams.

l There is no fee for a Nationwide Permit.

l The application process takes up to 60 days. Itcan take as little as 15 days if the applicant hasalready received Section 401 Certification from DEQ.

Regional Permit

l Regional Permits are similar to NationwidePermits. They cover categories of activitiesthat have been regionally authorized.

l Fees and timelines are similar to the Nationwide Permit.

l Most regional permits require individualreview by the Oregon Division of State Lands.

Letter Permit

l A Letter Permit is required for minor work onnavigable waterways, such as driving piles forprivate moorage.

l Fees and timelines are similar to the Nation-wide Permit.

Individual Permit

l Larger projects with greater potential impactrequire an Individual Pen-nit.

l As part or‘ its permit evaluation, the U.S. ArmyCorps of Engineers will look for efforts toavoid, minimize and mitigate impacts (in thatorder). Mitigation is particularly important inwetlands. The project should result in no netloss of wetland functional values. The U.S.Army Corps of Engineers is in the process ofpreparing mitigation guidelines for applicants.

l The U.S. Army Corps of Engineers will issue apublic notice soliciting comments. The publicnotice period is 30 days. The U.S. ArmyCorps of Engineers will factor comments intoits evaluation of the application.

l As part of its evaluation, the U.S. Army Corpsof Engineers will analyze the impacts onarcheoIogical resources, historic properties andendangered species.

l Fees are $10 for non-commercial applicantsand $100 for commercial applicants

l The cost of supplying additional informationrequired for environmental analysis must bepaid by the applicant.

l The process usually takes three (3) to four (4)months.

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3.7.4 Oregon Removal-Fill Permit

Any activity that proposes removal, filling oralteration of more than 50 cubic yards of mate-rial within the bed or banks of the waters of thestate requires an Oregon Removal-Fill Permitfrom the Division of State Lands. Examples ofprojects requiring permits include gravel re-moval, dredging, rip rap replacement, landreclamation, channel alteration or relocation,pipeline crossings and construction of bulkheads.

Application Process and Requirements

l The Oregon Removal-Fill Permit has a jointapplication process with U.S. Army Corps ofEngineers’ Permits. If you apply for one, yourapplication will be forwarded to the other.

l The fee for the Oregon Removal-Fill Permitvaries with the nature and size of project.

l The application process usually take 15 to 90days.

Penalties for Non-Compliance

Removal or filling without a permit or contraryto the conditions of a permit is a criminal misde-meanor punishable by a fine of up to $2,500 andone year in jail. Violators also are subject toadrninistrative penalties of up to $10,000 per dayper violation.


3.7.5 Coastal Zone Concurrence fromOregon Department of LandConservation and Development

Construction projects occurring in the Oregoncoastal zone and requiring one of the permitslisted above must also receive “consistencycertification” from the Oregon Department ofLand Conservation and Development (DLCD).DLCD consistency certification ensures that theproject is consistent with the state’s coastalmanagement program.

Consistency Review Process

DLCD consistency review typically happensautomatically when you apply for a federal orstate permit to perform construction activities ina natural waterway. The review process usuallyinvolves these six steps:

l Before submitting an application, applicantsshould find out if a state permit or local ap-proval, such as a zone change or a conditionaluse permit, is needed. Any necessary localpermits should be applied for at this time. Thisstep is important because DLCD wilI reviewwhether proposed projects are in compliancewith city or county comprehensive plans aswell as Statewide Planning Goals.

l The applicant applies for the necessary federaland state permits.

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l A public notice is circulated, allowing publiccomment on the proposed project. Affectedstate and federal agencies will review andcomment on the permit application.

l DLCD will decide whether the permit isconsistent with the appropriate statewideplanning goals based on comments receivedand its own analysis. (If a state permit isrequired, the responsible state agency willdecide whether the permit is consistent.)

l The applicant is informed of DLCD’s decision.If the project is not acceptable, the applicantwill be informed of possible alternatives tomake it acceptable.

l The federal agency makes its permit decisionconsistent with the state’s decision.

You can speed the process by providing a de-tailed description of the proposed project and itspurpose and including a discussion of anticipatedeffects on the coastal zone. Maps, diagrams andtechnical data that support the written descrip-tion are useful.

As a contractor, your activities could inadvert-ently contaminate drinking water supplies.Examples include spilling a hazardous chemicalon the ground or improper decommissioning ofan under-ground storage tank. If you contribute toor cause contamination, you could be liable forcivil penalties of up to $10,000 per day perviolation as well as criminal penalties of up to$10,000 or one year in jail, or both.

The drinking water for many Oregon communi-ties and private citizens comes from groundwa-ter. Contractors are responsible for determiningthe location of well fields and taking precautionsto avoid contamination of groundwater. Contrac-tors who contaminate groundwater are liable forcriminal and civil penalties.


3.8.2 Recommended Procedures

To protect yourself and groundwater resources:

l Check with the local public water supplierprior to beginning construction activities. Thepublic water supplier could be a municipal

18


water bureau or a private corporation thatprovides public drinking water.

l Ask the water supplier if your project is lo-cated in a wellhead protection zone.

l Inquire about required local controls, such asspill containment procedures.

l Should a spill occur, contact your local watersupplier immediately. If you can’t contact localauthorities, call DEQ’s hotline at 1-800-452-4011.



CHAPTER 4

Air Quality

S everal construction and demolitionactivities impact air quality. This chapter

outlines federal and state regulations on handlingof building materials containing asbestos, con-struction of parking lots, dust control, openburning, installation of wood stoves and servic-ing or disposal of air conditioning and refrigera-tion equipment (chlorofluorocarbons’).

4.1 Asbestos

This section applies to contractors involvedin demolition, renovation, repair, construe-tion or maintenance of buildings.

Asbestos is one of today’s critical environmentalhealth problems. In the past it was used exten-sively in more than 3,000 building materials (seeTable 4.1 for examples). Asbestos is a knowncancer-causing substance.

Asbestos is most dangerous when it is crushed,crumbled or disturbed because it can releaseasbestos fibers into the air. This can happenduring remodeling and demolition activities.Because of their size and shape, these tiny fibersremain suspended in the air for long periods oftime and can easily penetrate body tissues afterbeing inhaled or ingested. This poses a serioushealth threat to workers and the general public.

Handling, disturbance, removal and disposal ofmaterials containing asbestos is regulated by theU.S. Environmental Protection Agency (EPA),Oregon Department of Environmental Quality(DEQ) and Oregon Occupational Safety andHealth Division (OR-OSHA).

4.1.1 Contractor Liability

Contractors are liable for failure to followfederal and state regulations and procedures.Contractors can be subject to civil penalties ofup to $10,000. Because the public has becomeincreasingly aware of the danger of asbestos,contractors who do not take required precautionsalso may be subject to private lawsuits.

As of November 1992, the EPA required aninspection by an EPA-certified inspector prior toany remodeling, renovation, restoration ordemolition of commercial buildings. In addition,an asbestos removal plan must be developed byan Asbestos Hazard Emergency Response Act(AHERA) designer. Contact DEQ for a list ofcertified inspectors and AHERA designers.Work in schools (K-12) and public buildingsmust meet additional requirements outlined byEPA under the federal AHERA. For moreinformation contact EPA Region X (see Section4.1.10, Contacts and Sources of Assistance).

DEQ also regulates asbestos. These regulations

20


apply to demolition, renovation, repair, construc- 4.1.2 Federal and State Regulationstion or maintenance activities that involve therepair, enclosure, encapsulation, removal, sal-vage, handling or disposal of any material thatcould potentially release asbestos fibers into theair.

DEQ rules require:

l Licensing of contractors and certification ofworkers who work with asbestos-containingmaterials.

l Formal notification to DEQ 10 days prior toany asbestos abatement project.

l Specific work practices and procedures gov-erning asbestos removal, handling and dis-posal.

l DEQ accreditation of training providers whoteach asbestos abatement worker courses.

An overview of DEQ regulatory requirementsappears in Sections 3.1.5 through 4.1.10 below.This discussion does not cover all requirementsand procedures. To meet regulatory requirementsand protect yourself from liability, contact theDEQ Asbestos Control Program before begin-.ning any work.

OR-OSHA regulations governing asbestospromote worker safety. They cover provisionssuch as safe work practices; worker exposurelimits; labeling; employee training; protectiveclothing and respirators; medical surveillance;monitoring and record keeping; and other regula-tory requirements. For more information contactOR-OSHA (see Section 4.1.11, Contacts andSources of Assistance).

1.1.3 Identifying Asbestos-ContainingS u b s t a n c e s

Asbestos is a regulated substance. Contractorsare responsible for determining whether a sub-stance contains asbestos. As shown in Table 4.1,many common building materials may containAestos.

Unfortunately, the asbestos fibers that can causehealth problems are much too small to be seenwithout a powerful microscope. To determine

21


whether a substance contains asbestos, have thematerial analyzed by a testing laboratory. TheDEQ Asbestos Control Program maintains a listof consulting firms and laboratories that doasbestos surveys and identification.It’s wise to hire a consulting firm to take thesample and analyze it. If you choose to samplethe material yourself, follow these steps care-fully:

l Ask the analytical lab how large a sample isrequired.

l Do not disturb the material any more than isrequired to take a small sample.

l Wet the material using a fine water mist priorto taking the sample.

l Penetrate the depth of the dampened materialwith a clean sample container, such as a 35millimeter film canister or small glass orplastic vial. Wear disposable gloves and arespirator.

l Tightly seal the container.

l Use a damp paper towel to clean up any mate-rial on the outside of the container or spilled’onto the floor.

l Label the container, indicating when andwhere the sample was taken.

l Take the sample to an analytical laboratory.

If any asbestos is present, contractors mustfollow EPA, DEQ and OR-OSHA regulations.Contractors who fail to test a material shouldproceed as if the material contains asbestos.Failure to realize that a substance containsasbestos does not absolve contractors fromliability.

1.1.4 DEQ Worker Certification

In Oregon, all contractors working with asbestosmust be certified. Certification training is avail-able only from organizations that are DEQaccredited. DEQ’s Asbestos Control Programmaintains a list of accredited trainers.Certification courses, which include hands-onraining, vary from two to four days, dependingon the type of asbestos project in which theworker may be involved. For more informationon worker training and certification, traineraccreditation and providers, contact: DEQ’s AirQuality Division at (503) 229-6353 or l-800-452-4011 (within the State of Oregon).

4.1.5 DEQ Licensing

Any contractor working with asbestos-contain-ing materials must be licensed by DEQ and mustemploy certified asbestos workers. Licenses areissued to small-scale contractors whose asbestoswork is limited as well as to full-scale contrac-tors who may work on an asbestosproject of any size.

Contractors must be licensed with D EQ. Workercertification is not suficien t.

To obtain a DEQ license contact DEQ’s Asbes-tos Control Program (see Section 4.1.10, Con-tacts and Sources of Assistance).

4.1.6 Prior DEQ Notification ofAsbestos Abatement

DEQ requires contractors to formally notifyDEQ prior to handling, removing or encapsulat-ing asbestos. Appropriate notification fees,ranging from $25 to $1,000, must accompany thenotice of intent. For more information andappropriate notification forms, contact DEQ’sAsbestos Control Program.

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4.1.7 Required Work Practices andProcedures

4.1.1OContacts and Sources of Assistance

DEQ requires specific asbestos-related workpractices and procedures to prevent asbestosemissions into the air. These are separate fromthose required by OR-OSHA. Contractors areliable for failure to follow work practices. Formore information, contact DEQ’s AsbestosControl Program prior to starting work. (SeeSection 4.1.10, Contacts and Sources of Assis-tance.)

4.1.8 Asbestos Disposal and Record

Keeping

Disposal of asbestos must follow regulatoryrequirements. DEQ’s regulations cover:

l Required methods of containing asbestoswaste.

l Specific procedures for hauling waste.

l Disposal in a landfill authorized to acceptasbestos waste.

For more information, contact DEQ’s AsbestosControl Program (see Section 4.1.11, Contactsand Sources of Assistance].

4.1.9 Projects Exempt from DEQRegulations

Some projects may be exempt from DEQ re-quirements. For more information, contactDEQ’s Asbestos Control Program. (See Section4.1.10, Contacts and Sources of Assistance.)Exemption from DEQ regulations does notexempt contractors from the requirements ofOR-OSHA.

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4.2 Parking Lots

This section applies to owners, operators ordevelopers of parking lots.

Construction of large parking lots in certainareas of the state requires a permit for indirectsources of air pollution.


4.2.2 State Permits

Pursuant to state regulations, DEQ issues apermit to the owners, operators or developers ofparking lots. A parking lot may need a permit,depending on its size and location. Refer to thetable below.

For a parking lot needing a permit, the permitrequirements are as follows:

l Submit application to your DEQ regional

office at least 90 days prior to start of construc-tion.

l Include a land-use compatibility statementform.

l $100 filing fee.

l $500 processing fee.

l $2000 extended analysis processing fee (if theparking lot requires a long-form application).

l 60-day average processing time.

Although construction contractors are not re-sponsible for obtaining parking lot permits, youshould be aware of the requirement. Also,construction dust control provisions, which arediscussed in Section 4.3, often are attached to theparking lot permit.

4.2.3 Contactsand Sources ofAssistance

Table 4.2

Parking Lots Requiring Air Pollution Permits

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4.3 Dust and FugitiveEmission Control

This section applies to construction ordemolition activities that generate dust andparticulate matter.


In parts of the state known as Special ControlAreas, contractors must take precautions toprevent particulate matter from becoming air-borne. These regulations apply to the followingactivities:

l Construction, alteration, repair or demolitionof buildings or roads.

l Operation of equipment.

l Handling, transport or storage of materials.

Sections 4.3.2 and 4.3.3 identify Special ControlAreas and required procedures.

4.32 Special Control Areas

OAR 340-21-005 through 34O-21-060 areapplicable in the following areas of the stateestablished as Special Control Areas:

l Benton County

l Clackamas County

l Columbia County

l Lane County

Linn County

Marion County

Multnomah County

Polk County

Washington County

Yamhill County

Umpqua Basin

Rogue Basin

Within three (3) miles of the corporate limitsof any city having a population of 4,000 ormore.

4.3.3 Required Procedures

n these Special Control Areas, contractors musttake reasonable precautions to prevent particu-ate matter from becoming airborne. Such rea-onable precautions include, but are not limitedto the following:

Use of water or chemicals to control dustduring demolition or construction, grading ofroads or clearing of land.

Application of asphalt, oil, water or othersuitable chemicals on unpaved roads, materialstockpiles or other surfaces that could createairborne dust.

l Full or partial enclosure of material stockpilesin cases where use of oil, water or chemicalsare not sufficient to prevent particulate matterfrom becoming airborne.

l Installation and use of hoods, fans and fabricfilters to enclose and vent the handling of dustymaterials.

l Adequate containment during sandblasting orother similar operations.

l Covering open-bodied trucks transportingmaterials likely to become airborne.

2 6


l Prompt removal from paved streets of earth orother material that could become airborne.


4.4.1 Definition of Open Burning

Open burning includes any burning outdoors.State and local regulations apply to:

l Fires in bum barrels, outdoor fireplaces andbackyard incinerators.

l Burning piles of yard debris or land waste.

l Burning stumps to clear land.

l Burning of construction debris or the remainsof demolished structures.

4.4 Open Burning


This section applies to open burning of land4.4.3 Prohibited Areas

clearing debris and construction or demoli-tion waste.

The practice of open burning commonly referredto as a “construction worker warming fire” isprohibited in areas where construction and

Pollution from outdoor burning threatens public demolition (including land clearing) open burn

health and the environment, particularly in ing is prohibited. Tables 4.3 and 4.4 identify city

populated areas. Using fire to clear land and and county areas in which open burning of

dispose of debris is is a major source of: complaints construction and demolition debris is prohibiIed.

to health departments and environmental agen-cies.

In very unusual circumstances, DEQ may allowopen burning in prohibited areas. Interested

Construction contractors who burn land clearingcontractors should contact DEQ to apply for a

debris or construction waste must adhere to DEQ“letter permit” (see Section 4.4.6, Contacts and

regulations on open burning. In addition, many Sources of Assistance).

local jurisdictions have local burning ordinances.Always check with your local fire departmentbefore you burn. Open burning violations canresult in penalties of up to $10,000 per day ofviolation.

4.4.4 Conditional Areas

DEQ normally allows open burning of construc-tion and demolition waste in areas not listed in

27


Table 4.3Cities Prohibiting Construction and Demolition Open Burning

26


Table 4.4Counties Prohibiting Construction and Demolition Open Burning

29


Tables 4.3 and 4.4. However, open burning stillmay be subject to the following restrictions:

l DEQ has the authority to prohibit open burninganywhere in the state on a day-to-day basis.DEQ makes determinations based on weatherconditions and notifies the State Fire Marshal.The Fire Marshal forwards this information tofire districts.

l The State Fire Marshal can make a separatedetermination to prohibit open burning.

l Individual fire districts issue fire permits andmay prohibit open burning based on local firesafety concerns.

l Many communities have local laws prohibitingor restricting open burning.

l Some materials may never be burned. SeeSection 4.4.5 below.

Before starting a fire, always check with yourlocal fire department to see if burning is autho-rized in that community and on that particularday.

4.4.5 Materials That May Never BeBurned

DEQ regulations prohibit open burning of thefollowing materials at any time, anywhere inOregon:

l Automobile parts.

l Wire insulation.

l Rubber products.

l Tires.

l Plastic.

Wet garbage.

Petroleum and petroleum-treated products,including painted wood and wood treated withcreosote or pentachlorophenol.

Asphalt.

Industrial waste.

Any material that creates dense smoke ornoxious odors.

Also prohibited is any open burning that createsa private or public nuisance or is a haazard topublic safety.


4.5 Installation ofWoodstoves

This section applies to contractors who installwoodstoves and fireplace inserts.

Residential wood heating contributes to airpollution and is one reason parts of Oregon donot meet national primary ambient air quality

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R E G U L A T O R Y GUIDANCE

standards. The federal Clean Air Act of 1990directs states to take steps to attain air qualitystandards. Oregon responded with regulations toensure that all installed wood heating devicesmeet cleaner-burning smoke emission standards


These regulations require all new wood stoves tomeet U.S. Environmental Protection Agency(EPA) certification standards. They also make itillegal to sell or install used, non-certifiedwoodstoves or fireplace inserts. Used, non-certified wood heating devices may be sold forscrap or traded in on certified models. The civilpenalty for violating these regulations can be a:high as $500.

4.5.2 Definition of Certified

Certified woodstoves and fireplace inserts havepermanent label attached (typically on the rear:This label shows tested smoke emissions andheating efficiency performance. EPA begancertifying woodstoves and fireplace inserts in1990. From 1985 through 1989, DEQ certifiedwoodstoves and fireplace inserts. Wood heatingdevices that have either the EPA or DEQ labelare certified. Samples of the labels appear below

The DEQ certification label is on the top and theEPA certification label is on the bottom. Bothare smaller than actual size.

4.5.3 Enforcement

State and local building departments will notissue building permits for the installation of anon-certified woodstove or fireplace insert.

31


4.5.4 Exemptions

The following wood heating devices are exemptfrom these regulations:

l Antique stoves built before 1940 that have ahigher than normal resale value.

l Cookstoves designed solely for cooking withovens and separate burning plates.

l Wood furnaces that are part of a ducted centralheating system.

l Some pellet stoves (check with your buildingcode agency).


4.6 Chlorofiuorocarbons

This section applies to contractors whoservice, maintain,. repair or install air conditioners, refrigerators, chillers or freezers.

Many refrigerants used in refrigeration and airconditioning equipment contain chlorofluorocabons (CFCs) and hydrochlorofluorocarbons

(HCFCs), both of which destroy the Earth’sozone layer. Title VI of the federal Clean AirAct Amendments of 1990 call for strict regula-tions on the use of CFCs and HCFCs. TheEnvironmental Protection Agency (EPA) devel-ops and enforces these regulations.

4.6.1 Federal Regulations

Under Section 608 of the Clean Air Act Amend-ments of 1990, EPA has established regulationsthat

Require service practices that maximize recy-cling of CFCs and HCFCs during servicingand disposal of airconditioning and refrigera-tion equipment.

Prohibit venting of refrigerants to the atmo-sphere while maintaining, servicing, repairingor disposing of air conditioning or refrigerationequipment.Mandate certification of service technicians.EPA has developed four levels of certificationranging from servicing of small appliances toservicing of all types of equipment.

Require contractor and reclaimer certificationas well as certification of recovery and recy-cling equipment.

Restrict the sale of refrigerant to certifiedtechnicians.

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REGULATORY GUIDANCE

l Require the repair of substantial leaks in air-conditioning and refrigeration equipment witha charge greater than 50 pounds. Requiredetailed record keeping on the quantity ofrefrigerant added to equipment containingmore than 50 pounds of charge.


l Establish safe disposal requirements. Theseinclude special procedures on the removal ofrefrigerants from goods that enter the wastestream with the charge intact, such as homerefrigerators and room air conditioners.

For more information on these requirements,contact EPA Region X or EPA’s StratosphericOzone Information Hotline (see Section 4.6.4,Contacts and Sources of Assistance).

Oregon soon will develop state regulations thatmirror federal regulations.

4.6.2 Certification and Protection fromLiability

Contractors are liable for violations to the CleanAir Act. Civil penalties are up to $25,000 per day per violation.

Equipment owners and contractors shouldprotect themselves by hiring service technicianswho hold CFC certification from an EPA-approved organization.

33

REGULATORY GUIDANCE

CHAPTER5

Solid Waste Management

W aste management has economic ramifica-tions for construction contractors. It is

becoming more difficult and expensive to dis-pose of construction and demolition (C&D)waste because of stricter environmental regula-tions and shortage of landfill space.

Disposal of C&D waste is specifically regulatedin Oregon, particularly in the Portland metropoli-tan area. Whenever possible, contractors shouldmake attempts to reduce solid waste, makearrangements for reuse of materials or take stepsto recycle used building materials.

5.1 State Regulations

5.2 Oregon’s Solid WastePolicy

In 1986, the Oregon Legislature established astatewide policy on solid waste management toprotect public health, safety and welfare; extendthe useful life of Oregon’s landfills; and con-serve energy and natural resources. This policysets forth the following hierarchy of techniquesto manage solid waste:

l Reduce the amount of solid waste generated.

l Reuse material for the purpose for which itwas originally intended.

. Recycle material that cannot be reused.

l Compost material that cannot be reused orrecycled.

l Recover energy from solid waste that cannotbe reused, composted or recycled.

l Dispose of solid waste that cannot be reused,recycled, composted or from which energycannot be recovered.

Oregon’s solid waste management strategies andgoals apply to all solid waste generated by yourbusiness. In addition, Oregon Law sets a state-wide material recovery goal of 50% by the year

3 4

REGULATORY GUIDANCE

2000. The accompanying guide Best PollutionPrevention Practices for Construction Contrac-tors outlines practices that can help you manageyour waste according to state law.

5.3 Recycling Opportunities

Many materials left over from construction ordemolition sites are reusable or recyclable.Examples include clean wood, cardboard, dry-wall, land-clearing debris, bricks, asphalt, con-crete and scrap metal. In all cases, reuse orrecycling are the preferred methods for manag-ing solid waste generated at your site. Wooddebris for example, is becoming more valuablefor competing uses such as particle board, woodchips, hogged fuel and compost. For informationon construction site recycling in the Portlandmetropolitan area, contact Metro at (503) 797-1700. For information outside the Portlandmetropolitan area, contact your nearest DEQregional office (see Appendix A).

5.4 State Solid WasteDisposal Regulations

C&D waste includes solid waste resulting fromthe construction, repair or demolition of build-ings roads and other structures. It also includesdebris from clearing of land when that debris ismixed with other construction and demolitionwaste. C&D waste typically consists of concrete,bricks, bituminous concrete, asphalt paving,untreated or chemically treated wood, glass,masonry, roofing, siding, plaster, soil, rock,stumps, boulders and brush.

Pursuant to state regulations, all solid waste inOregon must be disposed of at a disposal sitepermitted by DEQ to receive that type of waste.Table 5.1 on the following page lists landfillsthat accept only C & D waste. Call your nearest

regional office for information on other landfillsthat may also accept C & D waste.

5.5 Prohibited Disposal

Oregon law prohibits disposal of the followingmaterials at any solid waste disposal site, includ-ing a C&D landfill. These items must be recov-red or recycled. Many municipal solid wastelandfills and transfer stations accept these mate-ials for a fee. For more information on recoveryor recycling options, contact your nearest DEQregional office (see Appendix A).

Used oil. Used oil may be recycled by an oilre-refiner or processor. Table 5.2 lists busi-nesses that collect and transport used oil. Mostare listed in your local yellow pages under“Oils-Waste.” Used oil that is not recycledmust be managed as a hazardous waste.

Home or industrial appliances. These are alsocalled “white goods” and include water heat-ers, refrigerators, kitchen stoves, dishwashers.washing machines and clothes dryers. Scrapmetal dealers and most landfills and transferstations accept these for their scrap value. Afee may be charged for accepting certainappliances because recyclers often need toprocess appliances to remove non-recyclablehazardous parts or fluids.

l Lead-acid batteries. These may be taken to a

retailer, wholesaler, collection or recyclingfacility or to a state- or EPA-permitted second-ary lead smelter. If not recycled, lead acidbatteries must be managed as a hazardouswaste.

l Whole tires. Some transfer stations and drop-off depots accept tires for a minimal fee. Off-road tires such as earth movers, other solidwaste tires not allowed on highways, and tireschipped to DEQ standards may be landfilled.

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REGULATORY GUIDANCE

l Vehicles. Autobodies can be recycled by awrecking yard or scrap metal dealer.

5.6 Hazardous and OtherSpecial Waste

Construction and demolition debris that ishazardous must be stored and disposed of ac-cording to the requirements outlined in Chapter6, Hazardous Waste. Some C&D wastes such asthose containing asbestos and polychlorinatedbiphenyls (PCB) must be stored according tostrict regulations and disposed of in speciallandfills. See Chapter 7, Special Waste.

5.7 Storage and Collection ofWaste

Oregon also regulates how waste is collected andstored as follows:

l Solid waste must be collected and stored toprevent: vector growth; conditions for trans-mission of diseases to man or animals; hazardsto service or disposal workers or the public; airpollution; water pollution or escape of solidwastes or contaminated water to public waters;objectionable odors; dust; unsightliness; aes-thetically objectionable conditions or othernuisance conditions.

Table 5.1Demolition Landfills Accepting C&D Waste*

* These landfills may accept only certain types of C&D waste. Call first to be sure they canaccept your materials. For additional landfill information, call your nearest DEQ regional office.

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Table 5.2 Oregon Used Oil Dealers*

3 7

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l Storage bins and areas must be watertight,rodent proof, cleanable and operated in such away to minimize leakage or spillage.

l Areas around the storage area must be cleanedregularly.

l Solid waste must be removed at regular inter-vals. Check with city or county officials to findout local storage, safety and removal require-ments.


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CHAPTER6

Hazardous Waste Management

C onstruction activities may generate smallamounts of hazardous waste. For ex-

ample hazardous waste is generated whenever ahazardous material, such as a solvent, has beenused and is spent. Hazardous waste also isgenerated when stored materials, such as paintsor pesticides, exceed their shelf life, are nolonger usable and must be discarded.

the treatment process at the sewage treatmentplant.

Improper disposal of hazardous waste can lead tocostly cleanups. Under federal law, businessesare liable for cleanup of improper hazardouswaste disposal as well as hazardous waste spillsor releases.

Through accidental spills, hazardous waste can This chapter outlines federal and state hazardouspollute land, surface water and groundwater. waste requiements that apply to constructionHazardous waste discharged to a sewage system activities. The DEQ implements both state andmay contain toxic materials that adversely affect federal hazardous waste regulations in Oregon.

6.1 Federal and State Regulations

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6.2 Determining Which WastesAre Hazardous

The only way to manage hazardous waste prop-erly is to determine which of your solid wastesare indeed hazardous.

In Oregon, all businesses whose operationsproduce solid waste are required by law toidentify and evaluate their waste. This is called a“hazardous waste determination” and is pre-scribed in OAR 340-102-011. If you generatehazardous waste it is your responsibility todetermine if your solid wastes are consideredhazardous.

Your hazardous waste determination will dictatehow your waste must be managed and whatregulations apply to your operations. Failure toconduct a hazardous waste determination canresult in a civil penalty of up to $10,000 per day.

Examples of potential hazardous wastes gener-ated by construction activities include antifreeze,solvents, paints, asphalt products and batteries.

6.3 Determining HazardousWaste Generator Category

Pursuant to state law, contractors whose opera-tions produce hazardous waste also must makethe following determinations:

. Total amount of hazardous waste produced ineach calendar month.

l Total volume of hazardous waste stored onsite.

l Generator category based on the monthlyamount of hazardous waste generated. (SeeTable 6.2 and figure 6.1).

It is important to accurately determine yourgenerator category because the regulatory re-quirements outlined in Sections 6.4 through 6.10will vary depending on your category. Condi-tionally Exempt Generators (CEGs) have theleast stringent requirements and Large QuantityGenerators (LQGs) the most stringent require-ments.

Most contractors qualify as CEGs or SmallQuantity Generators (SQGs).

6.4 Annual Reporting ofHazardous Waste

Contractors who are CEGs (and are not also atreatment, storage or disposal facility) do notneed to submit annual hazardous waste reportingforms to DEQ.

Contractors who are classified as SQG or LQGmust report the quantity of waste generatedannually to DEQ. The agency’s “HazardousWaste Reporting Forms” describe exactly whoneeds to submit forms and which forms tocomplete. For a copy of the forms and accompa-nying guidebook entitled Oregon DEQ 1992Hazardous Waste Reporting Forms and Instruc-tions, contact DEQ’s Waste Reduction Assis-tance Program (see Section 6.11, Contacts andSources of Assistance).

6.5 Hazardous WasteGenerator Fees

DEQ assesses a hazardous waste generator feebased on the amount of waste generated andreported per calendar year.

Fees are calculated for SQGs and LQGs. At thetime of printing, fees had not been assessed forCEGs.

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Table 6.1Hazardous Waste Generator Category Based on Monthly Amount of Hazardous

Waste Generated

6.6 Hazardous WasteManifest/Packaging andTransporting Requirements

6.7 Toxics Use ReductionPlans

Contractors who are SQGs and LQGs also arerequired to complete a hazardous waste manifestprior to transporting waste off-site. There arespecial exemptions for SQGs who ship theirhazardous waste to a legitimate recycler.

Contractors who are SQGs and LQGs are re-quired to develop plans that help reduce theamount of toxic substances they use and theamount of hazardous waste they generate in theiractivities. They are required to develop perfor-mance goals and report annually to DEQ on theirprogress.

In addition, hazardous wastes shipped off-sitemust meet the requirements of the U.S. Depart-ment of Transportation and Oregon PublicUtilities Commission.

For more information on manifest/packaging andtransporting requirements, contact your DEQregional office or the Oregon Public UtilitiesCommission (see Section 6.11, Contacts andSources of Assistance).

DEQ has developed a planning guide entitledBenefiting from Toxic Substance and HazardousWaste Reduction - A Planning Guide for OregonBusinesses to help businesses develop theirplans. For more information on planning require-ments or a copy of the planning guide contactDEQ Headquarters or the DEQ regional officenearest you (see Section 6.11, Contacts andSources of Assistance).

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6.8 Additional HazardousWaste ManagementR e q u i r e m e n t s

There are additional federal and state regulationsguiding the management of hazardous waste thatare not listed in this document. These require-ments vary depending on a contractor’s genera-tor category. To help businesses understandthese requirements, the DEQ has developed thefollowing guidance documents for the manage-ment of CEG and SQG waste:

Small Businesses and Hazardous Waste: WhatYou Should Know, A Handbook for People WhoProduce Small Amounts of Hazardous Waste(Conditionally Exempt Generators) and

Small Quantity Hazardous Waste GeneratorHandbook: How to Identify, Store and Disposeof Hazardous Waste in Oregon.

For more information on proper hazardous wastemanagement or to obtain a copy of the SQG orCEG guidance manuals, contact your nearestDEQ regional office (see Appendix A).

Example of Generator Category CalculationFigure 6.1

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CHAPTER7

Special Waste Management

T his section applies to contractors whogenerate construction and demolition

waste that may contain asbestos, lead (includingpaint), fluorescent ballasts and lamps.

Some construction and demolition (C&D)materials contain special waste that is subject, ormay soon be subject, to special state and federalregulations. These regulations are separate fromthose outlined in Chapter 5, Solid Waste andChapter 6, Hazardous Waste. Special wasteincludes mercury containing fluorescent andhigh intensity discharge (HID) lamps, polychlo-rinated biphenyl (PCBs) found in fluorescentballasts, asbestos, lead pipes and refrigerant thatcontains chlorofluorocarbons (CFCs).

7.1 Fluorescent and HID Lamps

Fluorescent lamps and high intensity dischargelamps such as metal halide and mercury vaporcontain mercury, cadmium and antimony. Thesemetals are harmful to the environment andhuman health.

7.1.1 Disposal

When this manual was printed, the U.S. Environ-mental Protection Agency (EPA) was contem-plating the regulatory status of spent fluorescentand HID lamps under the federal Resource

Conservation and Recovery Act (RCRA). Somestates had already passed legislation regulatingdisposal of lamps containing mercury.

If your construction activities involve removaland disposal of fluorescent or HID lamps, youshould keep abreast of changing regulations.Contact DEQ’s Hazardous Waste Division at l-503-229-5913 or call toll free at l-800-452-4011. You also can call EPA Region X at 1-206-553- 1270.

7.1.2 Recycling

Even in the absence of disposal regulations,recycling is an environmentally responsible wayto manage spent lamps. It costs only 10 centsper foot to recycle a fluorescent lamp. You canrecycle lamps through companies such as Light-ing Resources, Inc. in Pomona, CA (l-800-572-9253), Alta Resource Management Services,Inc., Sprinfield, MA (413) 734-3399, and FullCircle Ballast Recyclers, Bronx, NY (718) 328-4667. There are others who recycle fluorescentlamps. For more information contact yournearest DEQ regional office. Also check withMetro in the Portland metropolitan area for localcompanies who may have started recyclinglamps.

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7.2 Polychlorinated Biphenyl(PCBs)

Polychlorinated biphenyls (PCBs) was widelyused before 1979 to insulate electrical equipmentsuch as capacitors, switches and voltage regula-tors (including lamp ballasts). PCBs is consid-ered hazardous because studies have shown it tocause cancer as well as reproductive and devel-opmental defects in laboratory animals. Han-dling and disposal of materials containing PCBsis regulated by federal and state law.

If your construction activities involve removal ordisposal of fluorescent ballasts, you must followthe regulations outlined below.


7.2.2 Determining if Ballasts ContainPCBs

Before disposing of fluorescent ballasts, youmust determine if they contain PCBs. All fluo-rescent lamp ballasts manufactured through 1978contain PCBs. Some ballasts manufactured after

1978 contain PCBs. If a ballast does not carry a‘No PCBs” label, assume it contains PCBs.There are several Oregon testing labs that cantest ballasts for PCBs. Look in the Yellow Pagesunder “Analytical Laboratories,” or call DEQ’sHazardous and Solid Waste Division (see Sec-ion 7.2.6 Contacts and Sources of Assistance).

7.2.3 Disposal of Non-PCB. Ballasts andNon-Leaking PCB Ballasts

Follow these guidelines for disposal of theseballasts:

l All ballasts without PCB may be disposed of ina municipal landfill.

l if your ballasts contain PCBs but are not leak-ing, you may dispose of up to four per year in amunicipal landfill that agrees to accept them.Disposing of more than four makes you liableunder CERCLA. It also increases your eco-nomic liability should the municipal landfillbecome a federal Superfund cleanup site in thefuture

l If you dispose of five or more non-leakingPCB-containing ballasts per year, you mustsend them to an EPA-approved chemical wastelandfill or PCB incinerator. The closest facilityis the chemical waste landfill in Arlington, OR.You must hire a certified hazardous wastehauler to transport the ballasts (see Table 7.1).

7.2.4 Disposal of Leaking PCB-Containing Ballasts

Ballasts in a lighting system may be puncturedor damaged, exposing an oily tar-like substance.If the leaking ballast is identified as containingPCBs, the ballast and all materials that come incontact with it must be managed as if they arehazardous waste, are fully regulated and aresubject to federal PCB requirements.

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Table 7.1 Disposal of PCB Ballasts

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Should you encounter a leaking ballast contain-ing PCBs, follow these procedures:

l Immediately (within 24 hours) follow detailedspill procedures outlined in the Code of Fed-eral Regulations, Chapter 40, Part 761,Subpart G.

l When handling and disposing of leakingballasts containing PCBs, only use personnelor contractors who are specifically trained andauthorized to handle this type of material (seeTable 7.1).

l If the leaking ballasts contain <500 parts permillion PCBs, they may be disposed of inapproved chemical waste landfill. If theycontain >500 ppm PCBs, the leaking ballastsmust be disposed of in an EPA-approved PCBincinerator. The nearest facility is in Utah.Some transporters are authorized as PCBcommercial storers and may be used to arrangefor the disposal of ballasts containing PCBs(see Table 7.1).

l Ballasts must be manifested for disposal. Anytransporter used to transport such leakingequipment from the generator to either a PCBstorage or disposal facility must formallynotify EPA of its PCB transportation activityand receive an EPA Identification Numberpursuant to the Toxic Substances Control Act.

To protect yourself and ensure you followregulations, calI the PCB Team at EPA Region Xat l-206-553-1270 or call EPA’s Toxic Sub-stances Control Act information hotline at l-202-554-1404.

7.2.5 Recycling Ballasts

Used, non-leaking ballasts may be recycledregardless of whether they contain PCB. Recy-cling reclaims valuable metals, such as copperand steel. It reduces the volume of solid waste

sent to landfill sites and prevents toxic sub-stances from being burned in an incinerator orburied in a landfill. For recycling options, seeTable 7.1


7.3 Asbestos

Because of serious health risks, building materi-als containing asbestos must be disposed ofaccording to strict state and federal regulations.Chapter 4, Section 4.1 provides a thoroughdiscussion of asbestos issues in the constructionIdustry.

Pursuant to Oregon Administrative Rules 340-5-450 through 340-25-469, asbestos-containingmaterials must be disposed of in landfills certi-fied by DEQ to accept asbestos waste. Contrac-

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tors must follow special procedures for contain-ing, hauling, disposing of and keeping records ofasbestos waste. For more information, seeSection 4.1 or contact DEQ’s Asbestos ControlProgram at l-503-229-5982 or l-800-452-4011.

7.4 Lead ’

Lead is a common component in constructionand demolition debris. It is most often found inlead pipes, galvanized pipes with lead solder,and interior and exterior painted wood, siding,window frames and plaster.

Most buildings constructed before 1960 containheavily leaded paint. Buildings constructed aslate as 1978 also may contain lead paint. Leadpipe and solder can be found in all but the mostrecently constructed buildings. Building materi-als containing lead, may leach lead into theenvironment of not properly managed.

Lead poisoning has become a serious nationalhealth concern because an estimated one in sixU.S. children have high lead levels in theirblood. Increasingly, consumers are suing con-tractors for lead contamination that occursduring demolition and renovation activities. Youcan protect yourself by becoming aware of thehazards of lead poisoning, appropriately manag-ing lead containing demolition debris, (seeGuidance Documents in Section 7.4.2.) and bycarefully examining your liability. (see Chapter2, Contractor Liability.)

7.4.1 Federal Regulations

OSHA Regulations.In June 1993, the federal OSHA developed newlead exposure standards for workers who handlematerials containing lead. These regulationspromote worker safety. They cover provisionssuch as safe work practices; worker exposurelimits; labeling; employee training; protectiveclothing and respirators; medical surveillance;monitoring and record keeping; and other regula-tory requirements. For more information, contactOR-OSHA (see Section 7.4.2, Contacts andSources of Assistance).

The U.S. EPA and the State of Oregon arecontemplating adopting lead training certifica-tion requirements for lead abatement contractorsand supervisors. For more information contactthe Western Regional Lead Training Center.

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7.5 Chlorofluorocarbons

The Environmental Protection Agency nowregulates the recovery, recycling, reclamationand disposal of refrigerants and refrigerationequipment that contains hydrochlorofluoro-carbons or chlorofluorocarbons. For more infor-mation, see Section 4.6.

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C H A P T E R 8

Underground Storage Tanks

This chapter applies to contractors who 8.2 Federal and Statework on or encounter underground

storage tanks or who hire subcontractors to work Regulationson underground storage tanks.

8.1 Environmental Issues

Underground storage tanks pose a significantthreat to the environment. Tanks and piping mustbe properly installed, maintained and tested toprevent leaks to the soil or groundwater.

When tanks are decommissioned (permanentlyremoved from service), spills can occur. De-commissioning is also dangerous because of thepresence of explosive vapors.

Several federal and state regulations apply to theowners of underground storage tanks as well asto contractors who service them (service provid-ers). These regulations require licensing ofservice providers, permitting of tanks, notifica-tion of tank decommissioning, prompt notifica-tion of spills and specific cleanup procedures.The federal government has given DEQ over-sight authority. All questions, notifications andapplications should be directed to DEQ at thetelephone numbers listed in Section 8.6, Con-tacts and Sources of Assistance.

By following the procedures below, owners andcontractors can avoid costly environmentalcleanup and protect themselves from third-partydamages.

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8.3 DEQ Service Provider Licensing

DEQ’s licensing requirements are designed to ensure that firms providing underground storage tankservices are competent and knowledgeable. Both service providers and job supervisors must belicensed. License requirements, costs, and testing are listed in Table 8.1

Table 8.1 Service Provider Licenses

Supervisors must pass a test in each specialty area, and hold a separate license for each service.Supervisor specialty areas and test dates are listed in table 8.2.

Table 8.2 Supervisor Licenses

REGULATORY GUIDANCE

8.4 DEQ Notification of Tank Services

DEQ requires tank owners, operators or service providers to notify DEQ prior to tank installation,retrofit or decommissioning. Notification and reporting requirements are summarized below. ContactDEQ for details and to obtain copies of appropriate notification forms (see Section 8.6, Contacts andSources of Assistance).

Table 8.3 Notification of Tank Services

REGULATORY GUIDANCE

8.5 DEQ Contamination 8.6 Contacts and Sources of

Reporting Requirements Assistance

DEQ requires tank owners or operators andservice providers to promptly report any con-tamination or spills. Follow the guidelinesbelow.

Reporting Contamination

Responsible PartyTank owner or operator

Procedure

l Report suspected releases to the DEQ regionaloffice within 24 hours. This includes thesuspected presence of product or vapors insoils, basements, sewer and utility lines andnearby water.

l Report confirmed releases within 24 hours ofconfirmation.

l Contamination must be reported when discov-ered even if lab tests indicate levels below SoilMatrix Cleanup levels.

Responsible PartyService providers

Procedure

l Report suspected contamination to the DEQregional office within 72 hours.

l Even if there is no contamination or furtherwork to be done, tank receipts, lab analysesand chain-of-custody forms must be attachedto the decommissioning report and sent toDEQ headquarters.

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CHAPTER9

Noise Pollution

his chapter applies to contractors whogenerate excessive noise during construc-

tion or demolition.

9.1 Environmental Issues

Construction activities or equipment oftencontribute to noise pollution. Common examplesinclude blasting, drilling, compressors, jackhammers, emergency warning back-up beepersand construction vehicles.

Excessive construction noise impacts the health,safety and welfare of Oregon citizens and dete-riorates the quality of life. Such actions asmaintaining mufflers in good repair, enclosingequipment within sound-proofed enclosures andusing portable noise barriers can greatly reducenoise pollution.

9.2 State Regulations

l Regulated sources of noise are legally respon-sible for complying with the provisions andstandards outlined in these regulations. Com-

mercial and industrial air conditioning unitsand heat pumps are subject to state regulations.

l Construction activities are exempt from mostof the provisions of OAR 340-35-035. Con-tractors do need to comply with local noisecontrol ordinances. See Section 9.4 below.

9.3 Local Regulations

. Some local jurisdictions follow state regula-tions. Others have separate noise controlstandards that may be more strict. Localordinances frequently use curfews to regulateconstruction noise.

9.4 Procedures

Before beginning construction activities, asklocal authorities about applicable noise controlordinances. Table 9.1 lists regulated noisesources for many Oregon communities.

Of particular interest to contractors are localnoise standards for heat pumps and air condition-ers. The Air Conditioning and Refrigeration

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Institute (ARI) has developed a prediction modefor unitary air conditioning and heat pumpequipment. Noise impact levels are calculatedusing ARI sound rating numbers for rated mod-els. For more information, see Section 9.5,Contacts and Sources of Assistance.

Table 9.1 Local Noise Control Programs

9.5 Contactsand Sources ofAssistance

The best source of assistance on noise control isyour local building department or code enforce-ment agency. DEQ provides a noise packet thatincludes a list of acoustical consultants.

5.5

REGULATORY GUIDANCE

CHAPTER10

Employee Health and Safety

A s a contractor, you have certain obliga-tions to protect the health and safety of

employees, and in some cases, subcontractors.There are several federal and state laws andregulations that apply to occupational safety andhazards. In Oregon, most of these are adminis-tered by the Oregon Occupational Safety andHazard Administration (OR-OSHA). Failure tocomply with regulations could result in civil andcriminal penalties. To ensure compliance withemployee health and safety regulations contactthe OR-OSHA office nearest you (see Section10.2, Contacts and Sources of Assistance).

10.1 Overview of EmployeeHealth and Safety Issues

Below are examples of the types of health andsafety regulations that may apply to contractors.Specific regulations vary depending on thenature of the hazard or material. Consult withOR-OSHA to obtain detailed accurate and up-

to-date information.

Specific Work Procedures

Federal and state regulations outline a variety ofrequired procedures on handling hazardoussituations and working with hazardous materials.These regulations promote worker safety andprotect the safety of building occupants. They

cover provisions such as safe work practices;worker exposure limits; labeling: employeetraining; protective clothing and respirators;medical surveillance; monitoring and recordkeeping; and other regulatory requirements.

Specific regulations vary with the substance,situation or trade. For example, Oregon regula-tions outline asbestos standards for the construc-tion industry. Another example is the recentlypromulgated federal OSHA standard on handlingand abatement of lead-based paint.

Because of the variety of required work proce-dures, it’s important to contact OR-OSHA aboutspecific federal and state regulations that mayapply to your trade or the particular situation andsubstance.

Labeling of Hazardous Materials

Under Title III of the Superfund Amendmentsand Reauthorization Act of 1986 (SARA) andpursuant to state law, all employers must giveemployees information on hazardous materialsused or stored in the work place. This is done inthree ways:

l Through appropriate labeling of hazardousmaterials.

l Through Material Safety Data Sheets (MSDS)provided by the manufacturer of the substance.

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These contain information on health effects, 10.3 Contacts and Sources of

other pertinent data.

Through adoption of a written Hazard Commu-nication Program, which usually includes theemployer’s policies on labeling, MaterialSafety Data Sheets, an inventory of all hazard-ous materials on site and an employee trainingprogram.

OR-OSHA can give you specific information onlabeling requirements as well as an example ofan appropriate Hazard Communication Program(see Section 10.3, Contacts and Sources ofAssistance).

environmental concerns, toxicity, chemicalcompounds, emergency and first aid proce-dures, safety precautions, fire hazards and

Assistance

10.2 Employee Training

Federal and state laws require employees ofcontractors handling hazardous materials orwaste to be properly trained to specific industrystandards. Proper training and education mini-mizes the risk of mishandling, improper storageor improper disposal of such materials.

Training programs may include instruction onthe hazardous nature of substances in use;methods and observations used to detect thepresence or release of a hazardous chemicalphysical and health hazards of substances;measures of protection against exposure; emer-gency procedures; explanation of the labelingsystem; understanding MSDS; proper storageand disposal of hazardous materials and waste:and an inventory of hazardous materials on site.

Further details on employee training programsare available from OR-OSHA (See Section 10.3,Contacts and Sources of Assistance).

Information for Chapter 10 was obtained withpermission from the “Construction HazardousWaste Guide”, prepared by the Oregon-Colum-bia Chapter, Associated General ContractorsEnvironmental Affairs Hazardous Waste TaskForce.

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CHAPTER11

Consumer Issues

C ontractors often encounter environmental Section oversees radon concerns in the state.issues that do not fail under federal or They provide information on radon testing

state regulations but are. nevertheless, very methodologies and maintain a list of Oregon

important to consumers. Most of these issues companies that test radon levels. The Oregonrelate to indoor air quality. Consumers are Health Division also provides a variety of radonincreasingly concerned about how construction publications upon request. For more information,activities and materials impact the health and see Contacts and Sources of Assistance below

comfort of building occupants. This chapterintroduces two of these issues: radon and volatileorganic compounds; and offers sources of addi- Contacts and Sources of Assistancetional information.

11.1 Radon

Radon is undoubtedly the indoor air pollutantthat has received the most public attention. ThisnaturalIy occurring radioactive gas is the secondleading cause of lung cancer in the United States.Radon levels in Oregon typically are low. ai-though there are some areas and

radon levels can be high.

buildings where

In the past, radon problems often were associ-

The following publications are availab1e fromthe Oregon Health Division:

ated with energy-efficient buildings that had fewair leaks. However, most energy-efficient build-

Radon Measurement Guide

ings have built-in mechanisms for ventilation.Oregon Health Division, April 1993

We also know that radon can be an issue inolder, “leaky” buildings. Geographic location

Radon Levels in Oregon Homes

and the underlying soil and rock conditions areOregon Health Division, March 1993

stronger indicators of a potential radon problem. Consumers Guide to Radon Reduction

The Oregon Health Division, Radiation ControlEnvironmental Protection Agency, August 1992

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A Citizens Guide to RadonEnvironmental Protection Agency, U.S. Depart-ment of Health and Human Services and U.S.Public Health Service, May 1992

Sub-Slab Repressurization for Low-PermeabiliityFill Material: Design and installation of a HomeRadon Reduction System

Environmental Protection Agency, July 1991

Radon; Important Information for HomeownersOregon Health Division

Radon: Important Information for Real EstateProfessionalsOregon Health Division

Radon in Schools: Information for Parents,Teachers and AdministratorsOregon Health Division

Public School Radon SurveyOregon Health Division

Radon Levels in Oregon SchoolsOregon Health Division

The following publications are available fromthe Environmental Protection Agency:

Targeting Indoor Air Pollution: EPA’s Approachand Progress (IAQ-0029)

Fact Sheet: Ventilation and Air Quality in Offices(IAQ-0003)

Fact Sheet: Sick Building Syndrome (IAQ-0004)

Fact Sheet: Report to Congress on IAQ (Sum-mary of Report) (IAQ-0006)

Fact Sheet: Residential Air Cleaners (IAQ-0007)

Fact Sheet: Use and Care of Home HumidifiersIAQ-0000)

Fact Sheet: Respiratory Health Effects ofPassive Smoking: Lung Cancer and Other Disor-ders (IAQ-0046)

The Inside Story: A Guide to Indoor Air Quality(lAQ-0009)

Current federal indoor Air Quality Activities(IAQ-0011)

Directory of State Indoor Air Contacts (IAO-3012)

Asbestos in Your Home (IAQ-0023)

IAQ in Public Buildings: Volume I Project Sum-mary (IAQ-0020)

IAQ in Public Buildings: Volume II Project Sum-mary (IAQ-0021)

Compendium of Methods for the Determinationof Air Pollutants in Indoor Air - Project Sum-mary (IAQ-0022)

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The following publication is available from theU.S. Government Printing Office:

Building Air Quality: A Guide for Building Ownersand facility Managers (Stock #055-000-00390-4 Cost $24.00)

The following publications are available fromthe National Environmental Health Association:

introduction to Indoor Air Quality: A ReferenceManual

Introduction to Indoor Air Quality: A Self-PacedLearning Manual(cost for the set is $40 for members and $47for non-members)

11.2 Volatile OrganicCompounds

Many consumers are concerned about pollutionfrom volatile organic compounds used in con-struction materials. Several less irritating andless toxic building products have become avail-able. Some examples include:

l Wood products that are free of formaldehyde.

l Low toxicity paint that is free of biocides orfungicides.

l Water-based, low toxicity finishes for woodand other surfaces.

l Non-toxic sealants used for air leakage control.

l Carpets and pads that do not outgas harmfulvapors.

For information on these and other buildingproducts, call the Sustainable Building Collabo-rative at l-503-234-693 .

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CHAPTER12

Spill Reporting and Cleanup

his section applies to contractors who usehazardous substances that could be

spilled or released into the environment.

A spill or release of hazardous waste oftenrequires reporting under several federal and statelaws.

Regardless of whether you must report a spill orrelease, all spills and releases must be cleaned upimmediately. Requirements for cleaning spills orreleases vary with the material. You shouldbecome familiar with spill and cleanup proce-dures for the materials you use in constructionactivities.

DEQ’s publication Small Quantity HazardousWaste Generator Handbook: How to Identify,Store and Dispose of Hazardous Waste inOregon provides some basic hazardous wastecleanup information.

In addition, DEQ’s Waste Management &Cleanup Division has prepared guidance docu-ments outlining requirements for reporting spillsand releases of hazardous materials.

12.1 Federal and StateRegulations

Federal and state laws and regulations

governing spill reporting and cleanup:

61


Anyone responsible for the spill or release of ahazardous material is required to immediatelyclean up the spill or release. Cleanup mustemploy the best available methods to achieve thelowest practicable level of contamination asdetermined by the DEQ. The Department’sWaste Management & Cleanup Progam shouldbe contacted at (503) 229-5918 as should yournearest DEQ regional office.

The DEQ may require the responsible party tosubmit a written report within 15 days of a spillor other incident describing all aspects of thcincident and steps taken to prevent a recurrence.

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APPENDIXA

DEQ Regional Offices

DEQ has three regions as shown on the map on the following page. Some regions have branchoffices. More branch offices may be established. Contact the office nearest you to learn if there is abranch office closer to you.

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