Agreements

Where possible, TxDOT should avoid or limit its liability for corrective action by negotiating agreements with responsible parties. Agreements should be negotiated when petroleum storage tank systems, permitted facilities, waste management units and contaminated soil or groundwater exist within the existing or proposed right-of-way or easement. The agreements with owners, operators, or other responsible parties should address, but are not limited to, the following:
  • Delegation of responsibility for removal, disposal, corrective action, closure and/or post-closure care
  • Provisions for contingencies if contamination is encountered
  • Assurances that project-specific design requirements and construction worker safety are addressed in any risk assessment or corrective action plan
  • Consideration of TxDOT’s input when making decisions related to corrective action, closure and post-closure care requirements
  • Allowing TxDOT to recover costs, where appropriate.
ROW has developed underground storage tank (UST) removal and indemnity agreements to address responsible party corrective action, including provisions for cost recovery if the party does not fulfill its responsibilities under the agreement. Standard UST removal and indemnity agreements can be obtained from the ROW Engineering Section. Agreements should be reviewed and edited to meet site specific needs by the ROW Legal Section.
ENV can assist district and ROW personnel in deciding if hazardous materials issues and potential TxDOT liability might be handled through agreements or possibly through regulatory programs designed to limit future landowner liabilities. Refer to the online ROW manuals for additional information on types of agreements that might be utilized for hazardous materials issues.