Coordination with Local Entities:

Local public agency or entity agreements with city and county agencies or a metropolitan planning organization (MPO) may often be developed prior to the ISA for off-system or enhancement projects. These agreements typically require local entities to be responsible for the remediation of any identified hazardous material concerns. These agreements should also delegate responsibilities for performing and funding site assessments, additional investigation, permits, site closure, preventive action, waste management, monitoring during construction and post-construction monitoring.

The potential liability and estimated costs for additional testing and analysis, site closure and/or waste management may create a need for additional approvals and/or funding from the local entity or MPO. If site assessments identify known or possible hazardous material contamination, then additional and continued coordination will be necessary between the district and the appropriate local entity.

Project Scheduling: Site assessments, investigations, coordination, and handling of hazardous material contamination can increase the amount of time required to complete environmental documentation, environmental clearances, right-of-way acquisition, and the plans, specifications and estimates (PS&E). Additional time may be needed to cost effectively handle hazardous material contamination, during either the right-of-way acquisition process or construction.

Prior to development of transportation plans and project programming, FHWA Interim Guidance

strongly advises

consulting with regulatory agencies and reviewing regulatory lists of known hazardous waste sites scheduled for cleanup. Whenever possible, known or possible hazardous material contamination should be considered prior to project scheduling. Involvement with hazardous material contamination should also be considered when developing or changing funding and letting schedules. Planning and programming staff should be advised of potential concerns and warned that project scheduling might be affected. Scheduling consideration guidance is available at TxDOT’s Environmental Compliance Toolkits website.