Hazardous Materials Discovered During a Project
Hazardous Materials Discovered During a Project
Despite efforts to identify hazardous materials issues early in project development, hazardous materials or wastes may be encountered unexpectedly during a highway project. Common unanticipated hazardous materials issues encountered during projects include:
- unknown underground storage tanks (ghost tanks),
- unusual odors or staining in soil,
- sheens or petroleum/chemical odors in groundwater,
- abandoned asbestos-cement water pipes,
- fill material that includes waste, debris, or ash,
- drums, containers, and other wastes that have been abandoned in the right of way
Article 6.10, "Hazardous Materials", of the
Standard Specification
requires the contractor to notify the Engineer immediately when potential hazardous materials encountered. The Department is responsible for managing pre-existing hazardous materials. The Engineer must evaluate the situation and may suspend work in the affected area while the hazard is assesed and mitigated. When practical, the Engineer may relocate the contractor to another location on the construction project to avoid or minimize construction downtime. The following mechanisms are available to manage hazardous materials or wastes discovered during a project.- If there is an immediate threat of further release to the environment or a threat to the safety of workers or the public, the district should enlist an emergency response contractor to provide quick mitigation. For guidance on regulatory coordination, securing the site, and emergency response contracting, refer to the internal ENV Sharepoint " ".
- For typhical non-emergency encounters with contaminated media or waste, district personnel may contact the ENV Hazardous Materials branch to activate an environmental contractor under statewide contract to assess the site and provide testing, removal, and disposal, as needed.
- Alternately, the prime contractor may be used to manage non-emergency contamination/waste issues if they are willing and able (The term "able" means the prime contractor has the expertise, licensing, and insurance to perform the remediation. This method will require coordination with the Construction Division (CST) for verification of qualifications and filing of insurance certificates).
Regardless of the response mechanism, district construction personnel are responsible for monitoring and documenting the work, as well as costs attributable to hazaardous material issues. This information may be helpful for consideration of federal participation by Federal Highway Administration (FHWA), recovery of costs from responsible parties, and any claims or litigations that might arise. Contact ENV for technical guidance and consulting support to assist in managing unanticipated hazardous materials or waste issues.