COMMONWEALTH OF MASSACHUSETTS
S.O.P.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
PAGE 1
HIGHWAY DIVISION
STANDARD OPERATING PROCEDURES
SUBJECT: Environmental Scope Review of Maintenance
Projects
EFFECTIVE:
ISSUED:
06/27/2011
06/27/2011
SUPERSEDES:
NO.ENV-01-34-1-000
OF 4
DISTRIBUTION:
Managers, Supervisors &
District Directors
AUTHORIZED:
Frank DePaola
(Signature on
original)
PURPOSE
To ensure that maintenance activities are conducted in a manner consistent with environmental regulations
through an Environmental Scope Review (ESR) process for identifying and addressing potential
environmental management issues associated with conducting routine or planned maintenance activities
and conducting emergency maintenance projects.
RESPONSIBILITY
It is the responsibility of the District Highway Director and the District Maintenance/Operations Engineer or
DHD designee to ensure that the ESR process is conducted for applicable maintenance projects. The ESR
process requires submission of a scope of work (including a locus plan) to the District Environmental
Engineer (DEE) or the District designee for review of applicable routine, planned or emergency
maintenance projects prior to implementation. It is also the responsibility of the District Highway Director
and the District Maintenance/Operations Engineer or DHD designee to ensure that resulting requirements
from the ESR process (adherence to permits, procedures, and requirements) are incorporated into the scope
of work upon implementation.
It is the responsibility of the District Maintenance/Operations Engineer or DHD designee and the DEE on a
semi-annual basis to determine the typical day-to-day District activities/operations (such as pothole
patching, catch basin cleaning/grate adjustments, sign repair, signal repair, etc.) that are typically exempt
from the ESR process. A list of applicable or non-applicable activities/conditions should be available to all
maintenance supervisors. The reason(s) for exempting the activities should be agreed upon by the DEE and
documented.
It is the responsibility of the DEE or District designee to review each submitted scope of work, complete the
attached Initial Scope of Work Screening form, and determine if a more thorough evaluation is required
(possibly involving Environmental Services) and/or if a regulatory filing or notification may be required
prior to conducting the scope of work. As soon as practicable, DEE must communicate the schedule for
obtaining any permits required. If the DEE or District designee determines that the proposed scope of work
does not require permitting, notifications and/or further environmental review, this conclusion must be
sufficiently documented by the DEE or District designee on the Initial Scope of Work Screening form and
communicated back to originating source within five business days or other agreed upon schedule.
It is the responsibility of the DEE or District designee to complete the attached Request for Emergency
Authorization form and fulfill the emergency authorization requirements per 310 CMR 10.06 when an
Emergency Project (a project that is necessary to mitigate a distinct and immediate threat to public health,
safety, welfare or the environment) associated with maintenance activities is required within a
Wetland/Riverfront Resource Area.
Environmental Services/Wetlands Unit shall develop comprehensive training addressing Storm Water
COMMONWEALTH OF MASSACHUSETTS
S.O.P.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
PAGE 2
HIGHWAY DIVISION
STANDARD OPERATING PROCEDURES
SUBJECT: Environmental Scope Review of Maintenance
Projects
EFFECTIVE:
ISSUED:
06/27/2011
06/27/2011
SUPERSEDES:
NO.ENV-01-34-1-000
OF 4
DISTRIBUTION:
Managers, Supervisors &
District Directors
AUTHORIZED:
Frank DePaola
(Signature on
original)
Management/Storm Water Permits, Wetland Resource Protection/Wetland Permits. The Environmental
Services/Wetland Group shall conduct this training for all applicable District Operation/Maintenance
personnel in the Districts on a minimum biennial schedule. Such training is offered to District Highway
Maintenance Contractors at the District’s discretion.
Environmental Services shall assist the DEE with reviewing and assessing permitting and notification
requirements associated with a scope of work, when requested.
It is the responsibility of the EMS Compliance Coordinator to provide annual environmental awareness
training (includes hazardous materials and hazardous waste) to District maintenance personnel and assist the
DEE with reviewing and assessing permitting and notification requirements associated with a scope of
work, when requested.
It is the responsibility of the EMS Compliance Coordinator and the DEE or District designee to perform
periodic environmental inspections to ensure that the ESR process is being followed and resulting
requirements are being implemented for applicable maintenance projects.
POLICY
MassDOT has developed this ESR process to facilitate and formalize the review of certain routine, planned
or emergency maintenance activities for the purpose of identifying potential environmental management
issues prior to scope of work implementation. An ESR shall be conducted for all routine, planned,
emergency maintenance activities prior to implementation. The ESR process includes the completion, as
applicable, of the Initial Scope of Work Screening or Request for Emergency Authorization form followed
by subsequent review, notification, and/or permitting, if applicable.
Only emergency work deemed by the District to be necessary to maintain the roadway integrity or safe use
of the roadway may be conducted while the ESR process is ongoing. The Districts must consider that
MassDOT may be liable for any regulatory violations occurring while the ESR process is ongoing.
Maintenance activities that may require consideration under the ESR process include, but are not limited to,
the following MassDOT activities:
•
Roadway and shoulder repair and maintenance activities including significant guardrail
repair/installation, restoring gravel shoulders, resurfacing, pothole patching, sidewalk construction/repair
and restoring curbing.
•
Drainage maintenance activities including cleaning waterways/ditches, maintaining
sedimentation/detention basins, maintaining paved and unpaved waterways, headwall repair, and
constructing drainage improvements.
COMMONWEALTH OF MASSACHUSETTS
S.O.P.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
PAGE 3
HIGHWAY DIVISION
STANDARD OPERATING PROCEDURES
SUBJECT: Environmental Scope Review of Maintenance
Projects
EFFECTIVE:
ISSUED:
06/27/2011
06/27/2011
•
SUPERSEDES:
NO.ENV-01-34-1-000
OF 4
DISTRIBUTION:
Managers, Supervisors &
District Directors
AUTHORIZED:
Frank DePaola
(Signature on
original)
Roadside maintenance activities including weed control, brush and tree cutting, street sweeping,
slope stabilization, and erosion control.
•
Structure maintenance activities such as culvert repair, bridge joint repair, power washing of bridges
and tunnels, cleaning scupper and drain pipes.
•
Traffic control device maintenance and repair such as signal repair or replacement, electrical conduit
repair or replacement, and signage repair or replacement.
The decision to not conduct an ESR for any day-to-day maintenance activity (such as pothole patching,
street sweeping, catch basin cleaning, catch basin grate adjusting, sign repair, signal repair, etc) should be
coordinated between the DEE and the DME/DMO.
Environmental issues that are most commonly identified by the ESR process are associated with working
within/near Wetland/Riverfront Resource Areas, management of hazardous materials, and generation of
potentially hazardous wastes. Therefore an ESR is required for all major maintenance work beyond the
paved road surface and for the following situations:
•
•
•
•
Work within wetland/riverfront resources areas, buffer zones OR the work has the potential to impact
these areas
Planned use of hazardous materials
Possible generation of hazardous waste or uncharacterized wastes
Excavation work in potentially contaminated areas
Wetland/Riverfront Resource Areas
No filling, grading, leveling, dredging, paving, or alteration of site topography, modification/repair of
drainage systems, or removal of woody vegetation shall occur within Wetland/Riverfront Resource Area
on/or adjacent to highways without first conducting the ESR review by the DEE or District designee,
completion of the Initial Scope of Work Screening form, and obtaining any necessary permits and approvals
from the applicable regulatory authority. Emergency Projects within Wetland/Riverfront Resource Areas as
described under 310 CMR 10.06, require appropriate consideration and notification prior to implementation.
An Emergency Project requires the completion of the Request for Emergency Authorization form by the
DEE and approval from the applicable regulatory authority prior to implementation. Emergency Projects are
limited to only those activities that are necessary to mitigate a distinct and immediate threat to public health,
safety, welfare, or the environment.
Any and all requirements associated with approvals for work within Wetland/Riverfront Resource Areas
that are issued by the applicable regulatory authority including erosion controls, work restrictions/
limitations, and best management practices shall be followed. Any requests to deviate from approvals shall
follow the defined regulatory process. MassDOT personnel should also refer to the latest version of the
COMMONWEALTH OF MASSACHUSETTS
S.O.P.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
PAGE 4
HIGHWAY DIVISION
STANDARD OPERATING PROCEDURES
SUBJECT: Environmental Scope Review of Maintenance
Projects
EFFECTIVE:
ISSUED:
06/27/2011
06/27/2011
SUPERSEDES:
NO.ENV-01-34-1-000
OF 4
DISTRIBUTION:
Managers, Supervisors &
District Directors
AUTHORIZED:
Frank DePaola
(Signature on
original)
MassDOT Storm Water Handbook for Highways and Bridges for additional information.
Hazardous Materials Usage
When usage of hazardous materials is planned on a maintenance project, this information is to be
communicated to the DEE or the District designee for review through the ESR process prior to the initiating
the work. The DEE or District designee, with the assistance from the EMS Compliance Coordinator, is
responsible for assisting in the development of the required management procedures for hazardous materials
that may be used during the maintenance project including storage, labeling, personal protective equipment,
and employee right-to-know.
Hazardous Waste Generation and Contaminated Areas
When generation of hazardous wastes and/or excavation may be conducted within a contaminated area are
possible on a maintenance project, this information is to be communicated to the DEE or the District
designee for review through the ESR process prior to initiating the work. The DEE or District designee,
with the assistance from the EMS Compliance Coordinator, is responsible for assisting in the development
of the required management procedures for hazardous/regulated wastes that may be generated during the
maintenance project including personal protective equipment, generation of manifests, collection/storage of
wastes, transfer/disposal of wastes, and tracking manifest documentation.
Environmental Scope Review (ESR)
Initial Scope of Work Screening
Project Name/ID:
Scope Submitted By:
********************* ATTACH A COPY OF THE SCOPE OF WORK TO THIS FORM ***********************
Does the Scope of Work sufficiently communicate the
following screening criteria about the proposed
activities:
Yes
No
ND
Comments
Work will occur within a Wetland Resource Area (wetland
and/or riverfront areas) or Buffer Zone.
Work may impact a Wetland Resource Area (e.g. discharging
storm water into a wetland area), a regulatory floodway, or
floodplain (100 year flood elevations).
Work may impact the habitat of a federally listed (threatened
or endangered) species.
Work may impact a cultural, recreational, historic, or other
resource.
Other potential environmental management issues identified
(e.g. usage of hazardous materials, excavation in
contaminated areas, generation of hazardous waste or
compliance with regulatory administrative determinations).
ND – not determined
The Scope of Work has been reviewed relative to each of the screening criteria above, and no
further evaluation with respect to potential environmental management is warranted (all
answers “No”). NO FURTHER ACTION IS REQUIRED
The Scope of Work has been reviewed relative to each of the screening criteria above, and one
or more of the screening criteria are relevant (“Yes”) or could not be determined (“ND”).
FURTHER ACTION OR REVIEW IS REQUIRED
Comments:
Signature of Reviewer:
Date:
Title of Reviewer:
Page 1 of 1
Environmental Scope Review (ESR)
Request for Emergency Authorization
Project Name/ID:
Project Requested By:
Emergency work is required to protect the health and safety of individuals, and the location and nature
of the emergency work is believed to be subject to the Wetlands Protection Act (310 CMR 10.00)
PROCEED WITH COMPLETING THE EMERGENCY AUTHORIZATION JUSTIFICATION BELOW
Emergency Authorization Justification
Nature and Description of the Emergency
Project (check all that apply)
Comments
Culvert damage or other drainage system failure.
(attach detailed description)
Flooding of roadway affecting public safety
(see also SOPs 33 and 36).
Other public safety or public health issue
(attach detailed description)
Work is required within or adjacent to a wetland/riverfront
area resource or waterway (Additional approvals from
Federal or State authorities may also be required).
Documentation of Conservation Commission or MassDEP Request for Emergency Authorization
Name of Agent Notified:
Date/Time:
Requested Work (attach a separate sheet if necessary):
**** ATTACH A COPY OF THE WPA EMERGENCY CERTIFICATION FORM THAT WAS ISSUED ****
Verbal authorization is not sufficient
Notes:
Signature of Notifier
Date:
Title of Notifier:
Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Emergency Information
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor do not use the
return key.
Issuance From:
Issuing Authority
1. Site Location:
2
Reason for Emergency:
3. Applicant to perform work:
4. Public agency to perform work or public agency ordering the work to be performed:
5. Date of Site Visit:
Start Date:
End Date*:
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil/hazardous material release.
6. Work to be allowed*:
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
Chairman (or designee)
Date
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification
Rev. 01/31/0
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without written approval
of the Department.
D. Special Conditions
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department’s review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
WPA Emergency Certification
Rev. 01/31/0
Page 2 of 2