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.