Goals

The following goals should be completed prior to or during the right-of-way stage of project development as it pertains to acquiring fee or easement rights for contaminated property or improvements:
  • Initiate, complete, or update environmental site assessments and/or investigations, as needed
  • Coordinate decisions with district, affected divisions, and FHWA staff to avoid or minimize involvement with previously unknown contamination that was not disclosed in the environmental document
  • Determine if preventive and/or corrective actions can be performed prior to construction (preventive actions refer to cleanup and other activities required effecting the construction of the highway project. Corrective action refers to activities required by state or federal regulations and performed by a responsible party to protect human health and the environment.)
  • Negotiate and allocate responsibility for any required corrective action, closure, post-closure care or future environmental liability among property owners, operators, jurisdictional regulatory agencies, local entities, and TxDOT, as applicable
  • Arrange petroleum storage tank (PST) and leaking petroleum storage tank (LPST) investigations, removal, and closure
  • Determine whether cost recovery from responsible parties is appropriate, taking into account the (Federal Highway Administration (FHWA) Hazardous Waste Sites Affecting Highway Project Development (1988)
  • Coordinate with the Right of Way Division (ROW) Legal Section, the General Counsel Division and Texas Office of Attorney General, as appropriate, to determine if and how cost recovery should be pursued
  • Arrange asbestos-containing material (ACM) inspections, abatement project design, notification, abatement, air monitoring, and demolition, as needed
  • Monitor assessments, investigations, closure and corrective action, and communicate the status and findings to affected planning, environmental, design and construction staff
  • Coordinate and transfer any required post-closure responsibility to TxDOT district maintenance sections.