Section Cover Sheet 2006-03-22 Section 01390 ECO Plan Use this section to specify Contractor general requirements for the ECO Plan (Environmental Construction Operations Plan). The entire text of this section is taken nearly verbatim from clause 1.2.50 Environmental Management, of the Standard Specifications for Highway Construction, Edition 12, 2005. Consistent with the CWMS definitions the word “Consultant” is substituted with the word “Minister”. Review the Definitions and Interpretation Section of the CWMS and be aware the consultant is delegated many administrative and submittal responsibilities by the Minister or Minister’s Representative at the pre-construction meeting. The acronym “ECO” is pronounced like the word ecology. Review this section in conjunction with Section 00725 – General Conditions. Edit this section to suit the Contract requirements. Do not contradict the requirements of Section 00725 – General Conditions. Use this section with Section 01571 - Environmental Protection. END OF COVER SHEET CWMS Civil Works Master Specification Alberta Transportation Master Specification System Page 0 Data Sheet – Specifying Contract Requirements Section 01390 ECO Plan 2006-03-22 General Conditions: Section 00725 - General Conditions specifies important conditions related to the management and protection of the environment: Sub-paragraph 4.9.1.3 “…protect the environment … to avoid damage … arising as a consequence of his methods of construction”; 4.14.1 “… conform … (including paying all fees) … with any Regulatory Requirements and rules … of all public bodies whose property or rights are affected … by the Work”; 4.14.3.4 “… pay all fees … levied by a municipal authority …”. Do not contradict these conditions. Payment Conditions: Payment for environmental requirements specified in these sections is distributed among the Unit Prices and Lump Sums as indicated in Section 01275 - Measurement Rules under clauses 1.7.5 and 1.7.6. Specific construction elements necessary for environmental management and protection, such as cofferdams, may be separated into Unit Price or Lump Sum items to best manage the costs of such work. These would be included in the Schedule of Prices and the Measurement Schedule; do not specify payment in any other sections. Development Notes: The Contract is concerned with construction impacts on the environment, especially the potential of pollution caused by the Contractor performing the Work. Environmental impacts caused by others or initiated off Site are generally dealt with outside the Contract. Some environmental work may be beyond the normal scope of the civil works contractor and would be better performed by a specialized professional or trade. Note these 2006-03-22 specifications do not use the CWMS defined term Regulatory Requirements per the CWMS Section - Definitions and Interpretation. The various text in the Standard Specifications for Highway Construction includes combinations of the words: Legislation, Acts, regulations, regulatory legislation, approvals, permits, licences, authorizations, and 3 Codes of Practice for 1) Asphalt Paving Plants, 2) Pits, 3) Water Course Crossings. The various terms were used as is for consistency with the department. However, it is strongly recommended to use the CWMS defined terms when specifying in technical sections. Terms: These terms were removed from an earlier edition of this Section and are “stored” here for future development use. .1 “Construction Impact” means: .1 an impact, change, alteration, degradation, harm, damage, pollution, or contamination by any method, including discharging or dumping, that can have an undesirable effect on the Environmental or Heritage Resources. The meaning is restricted to the effect caused by Construction Operations for the performance of the Contract and the Permanent Work; and .2 the effect of noise and light caused by Construction Operations. .2 “Construction Operations” means the Contractor’s management and schedule, and construction methods, equipment operations, and procedures used to perform the Contract. The meaning includes Contractor’s equipment, facilities, and Temporary Work as the context implies. .3 “Environmental Resources” means the atmosphere, land, and water; including air, soil, surface and ground water, plants, fish and wildlife and their habitats; both on and off the Site. CWMS Civil Works Master Specification Alberta Transportation Master Specification System Page 01 Data Sheet – Specifying Contract Requirements 2006-03-22 Section 01390 ECO Plan .4 “Heritage Resources” means historical, heritage, and archaeological objects and sites, both on and off the Site. .5 “Protecting” means protecting or avoiding, minimizing, abating, alleviating or controlling the effect of a construction impact required by the Contract or Regulatory Requirements. .6 “Reclaiming” means (1) restoring, remediating, rescuing from an undesirable state; (2) bringing back into existence, putting back into former or original state; (3) curing, correcting, or counteracting construction impacts as required by the Contract or Regulatory Requirements. 7. “Surface and ground water” where (1) “surface water” means water on the surface of the ground and visible: a river, stream, lake, and other surface body of water; (2) “ground water” means water below the surface of the ground and not visible. NOTE: Both terms should be used together, “surface and ground water” when there is a consideration of the two being connected. A slough is an example of the connection where pollution of one relates to the other. 8. “Watercourse” means a river or stream. The meaning can include the “channel,” which means the bed and bank. The meaning includes a dry watercourse river or stream when there is common knowledge of intermittent water flow and the watercourse is named as a river, stream, or creek in the Contract Documents. 9. “Instream activities” means construction operations in a river or stream. 10. “Adverse vegetation” means unwanted plants, including weeds, noxious weeds, and crops, adverse to the performance of the Work or the interests of adjacent landowners. 11. “Waste disposal area” means the land used for final storage of soils that are excavated and classified as unsuitable for fill material or material in excess of the fill requirements. 12. “Waste fill zone” means the zone of an embankment that is designed to accommodate unsuitable materials or materials in excess of other fill requirements. 13. “Waste disposal facility” means the disposal site or dump for construction waste and disposables including grubbing materials, demolished concrete, steel, formwork, fuels and lubricants, and human waste for which the disposal site is licensed or otherwise permitted by Regulatory Requirements. 14. “Siltation materials” means particles suspended in surface water or attached to granular materials that are deemed to cause “turbidity” that can harm plants and fish. Suspended particles are removed by proper sedimentation fences and ponds, while dirty granular materials are either washed or not used in the surface water work. END OF DATA SHEETS CWMS Civil Works Master Specification Alberta Transportation Master Specification System Page 02 Section 01390 ECO Plan Page 1 Tender No.: PART 1 GENERAL 1.1 RELATED SPECIFICATIONS .1 1.2 Section 01391 Environmental Protection. ENVIRONMENTAL LEGISLATION .1 The Minister will obtain the environmental approvals, permits, licences, and authorizations required for the Project. .2 The Contractor shall familiarize itself with all applicable federal and provincial legislation and regulations concerning environmental protection and shall conduct its activities in accordance with such legislation and regulations, including, but not necessarily limited to, the provincial Environmental Protection and Enhancement Act and Water Act and the federal Fisheries Act and Navigable Waters Protection Act. .3 Comply with the conditions of all environmental approvals, permits, licences and authorizations issued for the Contract. Obtain any further environmental approvals, permits, licences and authorizations for temporary work as may be required for the Contract. .4 Provide the Minister with written confirmation of Contractor’s full compliance with all approvals, permits, licences and authorizations before the full amount of holdback will be released. .5 The Contractor shall also familiarize itself with all applicable Codes of Practice issued by Alberta Environment and shall conduct its activities in accordance with such Codes of Practice, including, but not necessarily limited to, the Code of Practice for Asphalt Paving Plants and the Code of Practice for Pits, both under the Environmental Protection and Enhancement Act and the Code of Practice for Watercourse Crossings under the Water Act. .6 In the event of conflicting statements between the various Acts, Authorizations, Permits, and Codes of Practice, the more stringent requirement shall apply. .7 Keep on Site, copies of approvals, permits, licences and authorizations. Make these documents readily available to authorized persons at the Site. Keep documents on Site until the date of Warranty Performance of the Work or at such earlier dates accepted by the Minister. Section 01390 ECO Plan Page 2 Tender No.: 1.3 ECO PLAN .1 Prepare and implement an Environmental Construction Operations Plan for each phase of the Contract in accordance with the Alberta Transportation manual entitled "Environmental Construction Operations Plan (ECO Plan) Framework," May 2005 version. Completed ECO Plans consist of written procedures and drawings that address the environmental protection issues relevant to the site specific activity being performed and shall detail temporary environmental control measures that the Contractor undertakes to comply with all applicable legislation, regulations and approvals during the course of construction and during "winter shut down," and other similar “shut down”. .2 Prepare the ECO Plan specific to the Work and the Site. Ensure effective implementation of the ECO Plan by assigning responsibility for the implementation, and maintenance of the work prescribed by the ECO Plan, including temporary erosion control measures, to one individual, herein called the work zone representative. The work zone representative shall be identified at the pre-construction meeting. .3 The ECO Plan shall not cover any permanent or long term environmental or erosion control devices or work specified in the Contract. .4 Submit the ECO Plan to the Minister at least 14 calendar days prior to the preconstruction meeting. The Minister will review the ECO Plan and communicate any concerns to the Contractor at least 7 calendar days prior to the preconstruction meeting. Address any issues or concerns regarding the proposed ECO Plan the satisfaction of the Minister prior to the commencement of the Work. .5 Finalized ECO Plans shall be agreed to by all parties and shall be signed by the Contractor’s ‘Principal-In-Charge’ and the Contractor’s work zone representative before the commencement of Work. When the Contractors work zone representative changes, the new work zone representative shall provide a letter of acknowledgment to the Minister indicating that the new work zone representative has reviewed the ECO Plan and will comply with its requirements. .6 The finalization of the ECO Plan to the mutual satisfaction of the Minister and the Contractor does not constitute an approval or assurance from the Minister of Alberta Transportation that the "temporary environmental control measures" detailed in the ECO Plan are sufficient to ensure compliance with all applicable legislation, regulations or conditions of approval. The Contractor is ultimately responsible to ensure all measures, used on the Work, are sufficient to ensure compliance with all applicable authorities. This may mean increasing the number of installations, providing alternate devices or modifying procedures. .7 If at any time during the performance of the Work of the Contract, it is determined that the devices or procedures detailed in the ECO Plan (any specific measures, locations or quantities proposed) are inappropriate or insufficient, the Minister will notify the Contractor in writing and the Contractor shall modify the ECO Plan accordingly. Section 01390 ECO Plan Page 3 Tender No.: .8 The Minister may suspend work in cases where in the Minister’s opinion the Contractor fails to comply with procedures stated in the ECO Plan. If the Contractor fails to adhere to finalized ECO Plans, the Minister may make other arrangements to have the Work done, and deduct the cost thereof from any money owing to the Contractor. .9 The cost of preparing the ECO Plan and the performance of all Work necessary to ensure compliance with the ECO Plan and applicable legislation, regulations or conditions of approval (with the exception of removing and disposing of material from silt containment ponds and sediment barriers) will be incidental to the Work and will not be paid for separately. For scope measurement and payment refer to Section 1280 Measurement Schedule. Removing and disposing of material from silt containment ponds and sediment barriers will be authorized by Change Order and valued in accordance with Section 00725 General Conditions clause 8.3 Valuation of Changes in the Work. 1.4 GENERAL ENVIRONMENTAL PROTECTION REQUIREMENTS .1 Advise the Minister as soon as possible of any accidents. .2 Conduct accident investigations. 1.5 DISPOSAL OF WASTE MATERIALS .1 Do not release, dump, spill or dispose of any substance into the environment that causes or could cause impairment of or damage to the environment or human health or safety. Mitigate to ensure compliance with all regulatory legislation, any wastes arising from the work and any other substances that causes or could cause impairment of or damage to the environment or human health or safety, and should Contractor fail to do so, the Minister may, without further notice, arrange the clean-up of such wastes and other substance at the expense of the Contractor. .2 Remove and dispose of any inert solid waste materials resulting from the work in accordance with Alberta Environment’s Construction, Renovation and Demolition Waste Reduction Guidelines and as determined by the Minister prior to Total Performance of the Work or other time scheduled in the Contract Documents. The Contractor may temporarily store such material in interim stockpiles on the disturbed land. 1.6 REPORTING PROCEDURES HAZARDOUS MATERIALS .1 FOR SPILLS OF DELETERIOUS OR During the construction, any release of silt or other deleterious substance into a body of water or watercourse Contractor shall immediately report to the Minister, Alberta Environment and the Federal Department of Fisheries and Oceans (1800-222-6514). Section 01390 ECO Plan Page 4 Tender No.: .2 In the event of the release of silt or other deleterious substance into a body of water or watercourse, the Contractor shall take all reasonable measures to contain the release and repair any damage at its expense. .3 Spills or releases of hazardous materials and any other substances that cause or could cause impairment of or damage to the environment or human health or safety shall also be immediately reported to the Minister, Alberta Environment and, if a body of water or watercourse is involved, the Minister, Alberta Environment and the Federal Department of Fisheries and Oceans (1-800-2226514). Take all reasonable measures to contain the spill and cleanup and any such work shall be performed in accordance with the applicable legislation and regulations at the Contractors’ expense. END OF SECTION