Environmental Requirements for Construction How Well Do You Know Your Working
Environment?
By George Kennedy
Have you ever considered that your company’s success may depend on how well you
identify, analyze and manage your environmental risks? As a construction contractor,
simply being unaware of your environmental obligations does not relieve your company
of potential liability or penalties.
Companies that perform utility construction, pipeline projects, tunneling, site clearing,
grading and other work where the earth is disturbed must comply with federal, state
and local environmental regulations. Depending on the regulation, a violation can result
in a civil penalty of up to $27,500 per day and criminal penalties of up to $250,000 and
15 years in prison.
How much do you and your managers know about Environmental Protection Agency
(EPA) regulations? For example, do you know about storm water runoff, solid and
hazardous waste, air quality and spill reporting requirements? Does your company create an environmental impact
study and plan for every job? Like it or not, every construction company is obligated to know these things and to
ensure that the regulations are not violated.
Factor It in Before the Start of a Job
Prior to bidding a job, you need a clear understanding of the federal, state and local environmental requirements.
Be sure your estimator has a solid understanding of the regulations too, because failing to factor in the cost of
complying with the environmental requirements up front can lead to cost overruns or losses in the future.
Assign responsibility for environmental compliance to someone before you start the project. If you don’t, some
important steps may be omitted during construction. Prior to beginning the job, meet with members of the jobsite
management team to spell out and identify the environmental concerns and obligations. No matter how
thoroughly a company prepares for a construction project, something unexpected always seems to occur, so it is
important to ensure the managers know and understand what must be done to control a situation, such as a
hydraulic oil spill. Remember that just scooping it up and burying it could mean large fines.
Storm Water Runoff
Rain carries soils and contaminants from construction sites an estimated 10 to 20 times faster than the runoff rate
of agricultural lands and 1,000 to 2,000 times faster than runoff from forest lands. In fact, erosion from a oneacre construction site could discharge as much as 20 to 150 tons of sediment a year — if not properly managed —
carrying sediments, oil and other pollutants and contaminating nearby streams, ponds and rivers. Controlling
storm water runoff that can cause physical and biological harm to U.S. waterways is a serious concern to the EPA.
If a construction activity disturbs one or more acres of land, it may be necessary under the Clean Water Act to
cover the discharge of storm water runoff from the jobsite. Storm water permits are issued by the EPA’s National
Pollutant Discharge Elimination System (NPDES) program or State NPDES permitting authorities. To obtain a
permit you must:
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Submit a Notice of Intent or permit application as required by the EPA or state authority.
Certify that the work will not harm federally listed endangered species.
Develop and implement a Storm Water Pollution Plan (SWPP) that describes the physical characteristics of
the jobsite, lists potential pollutants and includes a plan to control erosion, sediment and storm water.
Possibly also submit a Notice of Termination when the job is complete.
http://www.utilitycontractoronline.com/NUCA/2011/07-11NucaSafetyManagement.html
Solid and Hazardous Waste
You may think your company does not handle hazardous
waste, but it probably does. Hazardous waste is waste that
may cause harm to humans and the environment and many
materials used at construction sites meet that definition. Some
are used by underground construction and excavation work,
such as organic solvents used as cleaners, paints and empty
paint cans, new and used oil, gasoline, etc. A complete list of
materials considered hazardous waste and their allowed
concentrations can be found in the Resource Conservation
and Recovery Act (RCRA).
The RCRA also contains requirements for:
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Generators of hazardous waste.
Storage of hazardous waste.
Transport, treatment and disposal of hazardous waste.
Note: Fuel storage tanks at the construction yard or jobsite are included.
Contaminated soil found at a jobsite falls under the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), another EPA regulation that dictates how to handle a material such as soil that may contain
a hazardous substance.
Air Quality
Air quality relating to mobile and stationary equipment used at construction sites is regulated under EPA’ s Clean
Air Act (CAA), and includes concrete batch plants and heavy-duty construction trucks. The CAA requirements are
implemented primarily by states and it includes dust emission at a construction site. For example, many jobsites
need to be equipped with a track-off device to remove loose particulates from trucks and other vehicles as they
leave the jobsite. Companies with a shop or garage that uses a space heater fueled by used oil may also be
subject to air permitting requirements.
Spill Reporting
Have you ever had a hydraulic oil drum spill or heavy equipment blow out a hydraulic line? Hopefully not. But your
company managers need to know what to do if it does because hydraulic oil is a hazardous material and there are
rules for spills. Emergency planning and reporting requirements for hazardous materials are covered by the
Emergency Planning and Community Right-to-Know Act (EPCRA) and for oil under the Oil Pollution Act.
The exact requirements for what must be done depend on the type of chemical and quantity spilled. If you spill or
release more than the allowable quantity, which may seem small and insignificant to you, you are required to
report the spill or “release” to the local authority. Generally, the local fire department will be able to help you
determine who the spill must be reported to. I think it goes without saying that you will be required to clean up
the spill and remove it to an appropriate disposal site as dictated by the local authority. If you bury it or hide it
and someone reports it immediately or at a later date, you will be held accountable both financially and legally.
Fines and Penalties
EPA is very serious and diligent about enforcing the regulations. As I quickly browsed through some of the
hundreds, maybe even thousands, of enforcement actions listed on its website, I made note of just a few of the
construction company violations:
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$177,500 proposed fine for allowing muddy storm water containing sand, dirt, sediment, suspended
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solids, residues of construction material and turbidity to run off the site.
$125,000 fine for storm water violations and failing to apply for a construction permit.
$100,000 fine for clean air violations for failing to install a track-out device to remove particulate matter
from vehicles exiting the jobsite; failure to clean up dirt that tracked more than 50 ft beyond the site;
failure to operate a water application system during the earthmoving operations; and failure to comply
with the dust control plan.
$85,000 fine for failure to properly control storm water that ran off the site.
$57,000 fine for diesel spill.
$50,000 fine for each of two companies for filling in and disrupting part of a large track of wetlands.
$16,000 fine for a gravel pile that caused sediment to run into a nearby river.
Learn More
If you haven’t already assigned someone to learn more about applicable EPA regulations, you should, because the
EPA has compliance officers in the field continuously looking for potential violators. However, they’re also willing
to help companies get into compliance. For starters, visit the section of their website dedicated to construction
(www.epa.gov/lawsregs/sectors/construction.html). You will find a lot of authoritative information including some
construction compliance documents. The guidance manual: Managing Your Environmental Responsibilities: A
Planning Guide for Construction and Development found at
www.epa.gov/compliance/assistance/sectors/construction.html (type in the title), provides the construction
industry with comprehensive information including a series of questions to facilitate the assignment of
environmental responsibilities, detailed regulatory information and self-audit checklists.
Conclusion
Every company has environmental obligations and they should be taken seriously. These obligations are not just
about compliance with another federal mandate, they are about the future of our planet, our children and our
grandchildren. Don’t bury your head in the sand and assume that these regulations don’t include your operations;
take action to make sure your company is in compliance and is never listed on the EPA website as a polluter.
George Kennedy is NUCA Vice President of Safety.
http://www.utilitycontractoronline.com/NUCA/2011/07-11NucaSafetyManagement.html