Construction Related Environmental ConcernsExtending Safety to the

EnvironmentChristina M. Faust, Senior Project Manager

WHITMAN

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Some of the Primary Concerns• Wetlands & Floodplains• Dewatering• Soil Erosion & Sediment Control Plans• Spills/Discharges• Historic Fill & Foundations• Tanks (ASTs and USTs)• Linear Construction Projects (LCPs)• Contaminated Sites• Waste Management • Threatened & Endangered Species• Air Quality

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Why do we care?

http://www.patersonhistory.com/pictures/list.html

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Major Environmental Laws• Clean Air Act• Clean Water Act • Hazardous Materials Transportation Act• Endangered Species Act• National Emission Standards for Hazardous Air Pollutants• National Pollutant Discharge Elimination System• Resource Conservation and Recovery Act• Safe Drinking Water Act• Federal Toxic Substances Control Act• Flood Hazard Area Control Act• Freshwater Wetlands Protection Act• Wetlands Act of 1970• Waterfront Development Act of 1970• NJ Water Pollution Control Act• Coastal Area Facility Review Act• Highlands Water Protection and Planning Act• And so on….

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Affected Life Cycle Stages of ConstructionPlanning

Transport

StagingBuild

Demo

So…yeah…all of them

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Wetlands

http://www.earthsharenj.org/wetlands-institute/

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Wetlands

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Wetlands• Protect drinking water by filtering out chemicals, pollutants, and sediments that would otherwise clog and contaminate our waters• Soak up runoff from heavy rains and snow melts, providing natural flood control. Wetlands release stored flood waters to streams during droughts• Critical habitats for a major portion of the State's fish and wildlife, including endangered, commercial and recreational species• High quality open space for recreation and tourism

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Wetlands• Three parameter approach to identification

– soil, – hydrology and – vegetation

• LOIs (Letters of Interpretation)• Permits (include conditions)

– Permit by Rule (PBR)– General Permits– Individual Permits

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Wetlands: Transition Area

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Wetlands: Transition Area• In New Jersey all Wetlands have Transition Areas (TA)• TA range from 0 to up to 300’

– Ditches – No TA– Wetlands normally have a TA of either 50’ or 150’– Wetlands in some areas of the state may have TA up to 300’.

• Only NJDEP can assign TA• Transition Areas extend across property boundaries

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Flood Hazard Areas & Riparian Zones

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Flood Hazard Areas & Riparian Zones

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Flood Hazard Areas & Riparian Zones• Flood Hazard Area– Limit of placement of “fill”– Maintain current elevation

• Riparian Zones: buffer placed on water courses where disturbance is not allowed• Permits– PBR – General– Individual

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Dewatering

https://www.flickr.com/photos/avlxyz/4127225903/

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Dewatering• Almost ALL discharges of water in NJ require a permit of some kind• Some exceptions (clean storm water)• Dewatering can include storm water or groundwater – regulated differently• Alternative to discharge (no permit required)– FRAC tanks– Vac Trucks– On-Site infiltration (clean only)

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Dewatering• Permits definitely required for discharge to:• Wetlands• Surface water• Wastewater treatment facility

• Permits include conditions and restrictions• Discharge monitoring reports often required• May need Storm Water Pollution Protection Plan (SPPP)

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Soil Erosion & Sediment Control Plan (SESC)

https://passel.unl.edu/pages/printinformationmodule.php?idinformationmodule=1088801071

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Soil Erosion & Sediment Control Plan (SESC)• Required for disturbance of >5000 Sq. Ft. Soil• Plan is approved/certified by Soil Conservation District• Identifies limits and controls in place before construction begins• Includes notification and inspection requirements• Must be kept on-site

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Spills/Discharges

http://www.noaanews.noaa.gov/stories2013/images/dbl152_oilspill_entrix.jpg

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Spills vs. DischargesDischarge is the “… releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance [NJDEP Appendix A] into the waters or onto the lands of the State ….”Discharge requires “… after a discharge commences, any person or persons responsible for a discharge … shall immediately notify the Department at (877) WARN DEP (927-6337)”

Not every spill is a discharge but if it is, it must be reported and cleaned up.

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Spills / Discharges BMPsSECURECONTAIN

COMMUNICATE

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Historic Fill

http://www.state.nj.us/dep/njgs/geodata/dgs04-7.htm

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Historic Fill• Non-native material deposited to raise topographic elevation• Was contaminated prior to placement• Is not connected to the operations at the site• Includes construction debris, dredge spoils, incinerator residue, fly ash, non-hazardous solid waste, etc.• Typical contaminants include PAHs, metals (arsenic, lead, etc.)• May impact groundwater as well as soil• NJDEP considers an “AOC” and remediation is required

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Historic Foundations

Be aware: Buried/submerged foundations may also be contaminated and pose a danger to workers and the environment.

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Tanks

http://www.nj.gov/dep/srp/community/access.html

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Tanks • Tanks may be above ground or below ground• Tank may or may not be regulated by State/Federal agencies• Can be damaged during digging or site traffic movement and cause a discharge, or already be leaking in place• May contain various substances including:

– Waste oil– Fuel oil– Diesel– Manufacturing chemicals

Leaking or discharging tank pose a threat to humans and the environment and must be reported and/or remediated

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Linear Construction Projects

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Linear Construction Projects• A project conducted by a non-responsible party, to create, maintain or alter a roadway, railroad or utility that: – Crosses one or more contaminated properties; and– Will generate >200 yds3 of contaminated soil

• Requirements include:– Hiring an LSRP– Remediation and Reporting to NJDEP usually required

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Contaminated Sites

https://commons.wikimedia.org/wiki/File:Purbeck_,_Grassy_Field_on_the_Headland_-_geograph.org.uk_-_1711717.jpg

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Contaminated Sites: Known• Pre-project identification critical• NJDEP GeoWeb maps known contaminated sites• Common contaminants include:

– Heavy metals– Petroleum compounds– PCBs– VOCs, etc.

• Site may have Deed Restriction/ CEA• Alternative construction approaches may be necessary/required

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Contaminated Sites: Unknown• Not all contaminated sites have been identified/ mapped• Workers should alert safety/environmental personnel immediately if any of the following are found during construction (not all inclusive):– Petroleum odor– Oily material/soil– Asbestos– Buried drums/waste material

• Professional support should be consulted

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Waste Management

https://www.epa.gov/aboutepa/epa-schedules-emergency-cleanup-valley-drums

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Waste Management – Hazardous • Resource Conservation & Recovery Act (1976)• “Cradle to Grave” responsibility• Must be labeled, dated and stored correctly• Strict limits and regulations on storage and transport• Characteristics: ignitable, corrosive, reactive, or toxic• Examples: paints, solvents, WD-40, etc.

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Waste Management - Universal• Must be in closed, structurally sound non-leaking containers• Must be labeled and dated• 1 year limit on storage• Examples include: Batteries (NiCad, Lithium, Hg, Pb), fluorescent bulbs, pesticides, small mercury devices, e-waste (NJ), oil based finishes (NJ)

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Waste Management - Recycling

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Threatened and Endangered Species

http://www.fws.gov/Midwest/endangered/permits/hcp/FowlerRidge/index.html

http://www.virginiaherpetologicalsociety.com/reptiles/snakes/timber-rattlesnake/timber_rattlesnake1.php

http://www.audubon.org/field-guide/bird/red-headed-woodpecker

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Threatened and Endangered Species• Critical habitats and species presence should be identified in planning stage of construction• Species may be protected federally or by state• Time of Year Work Restrictions: protects nesting, breeding, foraging and and/or other activities at specific locations and times/seasons• May need to hire a wildlife biologist to identify presence of species and or habitats• Be aware: it’s against the law to “take” (harm, wound or kill) any endangered species – penalties can include fines and jail time

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“Protected” Species

http://www.nytimes.com/2008/12/07/nyregion/new-jersey/07parrotsnj.html?_r=0

Some species, although not T&E, are “protected” by public interest

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Air Quality

http://lightninghybrids.com/understandingdirtyair

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Air Quality• Impacts to humans and the environment• Vehicles contribute to more than 50% of NJ Smog• NJ Vehicle Idling Law– No idling> 3 minutes (exceptions apply)– Enforcement penalties ($250 and up)

• Permits often required for fuel burning equipment– Construction site portable/ temporary generators usually excluded

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Conclusion & Key Points• If you are doing it in NJ, there is probably a permit or form or government approval required• Don’t discharge anything without knowing for a fact that you legally can – yes, even small amounts matter.• Environmental Safety should occur during all stages of construction starting with planning• Be aware of your environmental surroundings – not all contamination is already known - workers and the environment can be adversely affected• If you see something – say something!• There are A LOT of laws governing environmental protection – you may need professional help!

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Questions?

http://www.constructionmanagermagazine.com/on-site/can-your-equipment-cut-carbon/