Construction Contingency Plan (CCP) Project-Specific Transmittal Sheet

Transcription

1 Construction Contingency Plan (CCP) Project-Specific Transmittal Sheet CR 202 Count Project # 0408 Date: August 31, 2018 CCP PURPOSE & USE: The purpose of the CCP is to provide direction for identifying, managing, and responding to unanticipated environmental releases, contamination, or conditions discovered during implementation of work associated with the project described below. Instructions for management of known environmental conditions, if applicable, would be provided separately in a Response Action Plan or similar contamination management plan. This transmittal sheet provides project specific information and context applicable to the CCP. PROJECT DESCRIPTION: The purpose of the project is to provide a safe stream crossing on Elm Creek Road segment of County Road 202. Bridge L8081 is a structurally deficient, load posted and functionally obsolete bridge constructed in The bridge is also a one lane bridge located on a 2 lane corridor. The existing bridge is comprised of painted steel stringers and a timber deck. The steel stringers are reported as excessively deteriorated by the Bridge Inspection Report. Bridge L8081 over Elm Creek Lake Creek will be replaced with Bridge 27C53, a three span timber structure with integral type abutments. The preferred alternative includes road work necessary to grade widened side slopes, provide adequate shouldering and drainage, and tie into existing topography. ANTCIPATED ENVIRONMENTAL CONCERNS & CONTINGENCIES: Based on historical information available, the potential for unidentified contamination in the project construction zone is extremely low. However, possibility does always exist in encountering unexpected impacts from fill of an unknown origin, debris, or chemical releases to the surface or subsurface. Refer to CCP for specific scenarios and response instructions. ENVIRONMENTAL REPORTS & DOCUMENTS: Copies of these documents are included with the road project specifications. Construction Contingency Plan (CCP), Braun Intertec, September 26, 2016 (attached) PROJECT CONTACTS: Project Role Name & Organization Phone Number & Hennepin County Environmental Project Manager* Lance Robinette, E&E DEPT, Office: Lance.Robinette@hennepin.us Hennepin County Construction Lead Project Representative Paul Backer Hennepin County Cell: Paul.Backer@hennepin.us Emergency assistance/response 911 State Duty Officer MPCA *First point of contact for environmental contingency items or concerns. **Second point of contact for environmental contingency items or concerns and onsite field staff overseeing implementation of environmental cleanup/response actions; should be contacted immediately after first. Page 1 of 1

2 Construction Contingency Plan Roadway and Bridge Projects Prepared for Hennepin County September 26, 2016 Braun Intertec Corporation

3 Table of Contents Description Page A. Introduction... 1 B. Project Personnel... 1 C. Construction Contingency Plan... 2 C.1. Bridge Renovations or Demolitions... 4 C.2. Initial Actions and Notification Requirements... 5 C.3. Preliminary Reconnaissance... 5 C.4. Potential Response Actions... 6 C.4.a Petroleum-Contaminated Soils... 6 C.4.b Other (Non-Petroleum) Volatile Organic Compounds-Contaminated Soils.6 C.4.c Debris and Asbestos-Containing Materials... 7 C.4.d Treated Wood... 7 C.4.e Concrete, Bituminous, and Brick... 7 C.4.f Bituminous Treated Base... 8 C.4.g PCBs, PAH, DRO, and Metal-Impacted Soils... 8 C.4.h Soil Vapors... 8 C.4.i Excess Soils... 9 C.4.j Storage Tanks or Drums... 9 C.4.k Onsite Wells and Septic Systems C.5. Sampling and Analytical Testing C.6. Confirmation Soil Sampling for Unexcavated Soils C.7. Dewatering D. Site Health and Safety Plan E. Reporting Attachments MPCA Guidance Document 5-01, Managing Petroleum-Contaminated Soil at Public Works Projects MPCA Asbestos Guidance on Excavation Projects (w-sw4-03) MPCA Best Management Practices for the Off-Site Reuse of Unregulated Fill (c-rem1-01) MPCA Off-site Use of Regulated Fill Policy (c-rem2-02) MPCA Treated Wood; Use, disposal and alternatives for businesses (w-hw4-67) MPCA Guidance Document 3-01, Excavation of Petroleum Contaminated Soil and Tank Removal Sampling

4 Construction Contingency Plan Hennepin County Roadway and Bridge Projects Hennepin County, Minnesota A. Introduction This Construction Contingency Plan (CCP) provides a description of the methods (that will be used to identify, evaluate, and manage regulated wastes, contamination, or other items of environmental concern that are unexpectedly encountered on Hennepin County roadway and bridge projects. Project specific information and details on environmental conditions will accompany this CCP in the Project Transmittal sheet. B. Project Personnel The following are general contact information for environmental entities that may need to be notified as part of the CCP implementation: Hennepin County Environment and Energy Department Land and Water, Contaminated Lands Unit State Duty Officer MPCA Emergency (State Duty Officer) Local Emergency 911 Project specific personnel are included in the Project Transmittal Sheet.

5 Hennepin County September 26, 2016 Page 2 C. Construction Contingency Plan This CCP will be implemented in the event that indications of contamination, regulated waste, or other items of environmental concern that require special handling are unexpectedly encountered during construction on a Hennepin County roadway or bridge project. For the purposes of this CCP, indicators of potentially contaminated soil, groundwater or surface water include, but are not limited to the following: Odors including gasoline, diesel, creosote (odor of railroad ties), mothballs, solvent (often sweet), or other chemical-like odor. Does not typically include organic odors such as rotten or musty smells. Odors may be persistent or transient. Soil-stained white, grey, yellow, green or black (but not because of organic content), or with dark, oily appearance, or any unusual soil color or texture. A sheen on the surface of water or soil. Debris or other indicators of Regulated Waste or fill. Indicators of regulated wastes include, but are not limited to the following: Cans, bottles, glass, scrap metal, wood, and other typical household waste (indicators of solid waste and a possible dump). Concrete, bricks, or bituminous pieces or rubble (indicators of demolition waste). Soil treated with bituminous treated base (BTB), macadam, tack oil, or other petroleum/oily product. Roofing materials, shingles, siding, vermiculite, floor tiles, any fibrous material (indicators of demolition waste that could contain asbestos, lead or other chemicals). Culverts or other pipes with tar-like coating, insulation, or cementitious composition (transite, indicators of asbestos). Ash, slag, or clinkers (residuals from burning or regulated materials may contain lead, asbestos or other chemicals).

6 Hennepin County September 26, 2016 Page 3 Sandblast residue and metallic colored sand (could contain lead or other metals). Treated wood, including, but limited to products referred to as green-treated, brown-treated and creosote-treated (treated wood disposal is regulated). Petroleum or other chemical containers such as storage tanks, drums, filters and other containers (possible sources of petroleum or chemical contaminants). Old basements, foundation walls, or bridge decks/abutments with intact tiles, mastic, insulation, waterproofing/caulking (could contain asbestos and/or polychlorinated biphenyls [PCBs]), sumps (could contain chemical waste), waste traps (could contain oily waste) and cesspools (could contain chemical or oily wastes). Septic tanks and associated drain fields. White goods (appliances and other machine/equipment). Tires. Batteries or battery components. Transformers and capacitors (PCBs). Other items of environmental concern that include: Railroad corridors - commonly contain treated timber ties, impacted ballast, impacted soil and/or groundwater, buried debris (including asbestos), utilities, and/or foundations. Water wells that have not been confirmed to be sealed. Water, from any source including dewatering that has a sheen or odor or is in contact with known or suspected contaminants. Spills or releases that occur during the work, such as fuel spills, hydraulic line breaks, etc. Damaged or peeling paint (may contain lead or PCBs).

7 Hennepin County September 26, 2016 Page 4 C.1. Bridge Renovations or Demolitions In accordance to state and federal regulations, it is required that an Asbestos and Regulated Waste Assessment be completed and that identified regulated wastes be appropriately removed or abated prior to significant renovation or demolition of any structure, including bridges. An Asbestos and Regulated Waste Assessment is completed in order to identify the presence or absence of any regulated wastes and, if present, to document the location and amount of each type of waste material identified. An Asbestos and Regulated Waste Assessment will typically address only the accessible and visible portions of a bridge; however, may include coring of the bridge deck, abutments, and wing walls or other structural components associated with the bridge in order to assess for the presence of suspect regulated wastes. The identification, removal, and disposal of these identified and known regulated wastes are not considered part of the scope of a CCP. If a bridge is to be impacted as part of a project, the project Transmittal Sheet shall indicate the date and results of the Asbestos and Regulated Waste Assessment. Buried or otherwise inaccessible bridge components are commonly not included in Asbestos and Regulated Waste Assessments or removals and may be encountered during bridge renovation or demolition activities. This CCP will be implemented in the event that indications of contamination, regulated waste, or other items of environmental concern that require special handling are unexpectedly encountered during bridge renovation or demolition activities. For the purposes of this CCP, bridge components commonly not included in regulated waste assessments include, but are not limited to the following: Bridge pier and/or abutment foundations with waterproofing (could contain asbestos and/or PCBs). Treated wood pilings beneath bridge pier, abutment, and/or wing wall foundations. Soil impacted as a result of being in contact with treated wood used in pilings and/or railing posts. Utilities with tar-like coating, insulation, or cementitious composition (transite, indicators of asbestos). Fill soil placed behind bridge abutments, wing walls, or beneath the bridge that contains any of the above indicators of potentially contaminated soil or regulated wastes, including former bridge components or sandblast residue that may have become buried during previous bridge renovations.

8 Hennepin County September 26, 2016 Page 5 If any of the above listed unidentified items are encountered, the remaining portions of this document should be followed. C.2. Initial Actions and Notification Requirements In the event that unexpected contaminated materials, regulated wastes or other items of environmental concern are encountered during construction, work in the area shall cease immediately and the work area shall be secured. The contractor shall immediately notify the County. Soil removed from the area shall be placed back into the excavation, the perimeter of the area shall be demarcated, and personnel shall be moved to an upwind location. At the County s request, an environmental consultant may mobilize to the Site. At this time, the conditions will be assessed in-situ, including the presence of contamination, regulated materials, or other items using both visual and olfactory observations, as well as laboratory analysis or use of field headspace screening instruments (i.e., photoionization detector). Work outside of the vicinity of the discovery area may continue if conditions remain safe to do so for project personnel and the surrounding community. The County or the environmental consultant will contact the appropriate entities including the MPCA and individual property owners as appropriate. C.3. Preliminary Reconnaissance If suspect contamination or regulated waste is unexpectedly encountered (and after notification to the County), an environmental consultant will be retained by the County to conduct a preliminary reconnaissance to conduct environmental monitoring and screening related to the situation. The environmental consultant will talk with the Site contractors and other on-site personnel to obtain information regarding the identified suspect contamination or regulated waste (i.e., visual or olfactory observations, location of impacts, extent, depth of contamination, types of debris, etc.). The environmental consultant will then observe the area where unexpected contamination was encountered. Screening of the ambient air may be conducted and acted on in accordance with the environmental consultant s Health and Safety Plan (HASP, see Section 4.0), if prepared. Visual and indirect olfactory indications of contamination will be noted and documented. Samples of the potentially impacted soil will be collected from any stockpiles or from the excavation base and sidewalls for headspace screening using a photoionization detector using MPCA recommended methodologies. Project-specific monitoring requirements will be developed by the environmental consultant in consultation with the County Department of Environmental Services. For excavation projects, this typically includes headspace screening by the environmental consultant using a photoionization detector (PID) at a frequency of one sample for every 10 cubic yards of suspect contaminated material

9 Hennepin County September 26, 2016 Page 6 excavated or other frequency as determined appropriate for the project. Screening results will be documented and Site photographs taken. Stockpiling of any suspect contaminated material during the preliminary reconnaissance must be completed in the presence of the environmental consultant and at a location approved in advance by the County. If stockpiling is necessary, the potentially contaminated soil to be stockpiled will be placed on polyethylene sheeting or other impervious surfaces, covered with polyethylene sheeting that is secured in place, and protected from contact with rain and stormwater runoff. Staging areas for potentially impacted soil or material will be clearly marked. The results of the preliminary reconnaissance will be provided to the County by the environmental consultant. The contractor will not be allowed to continue to work in the area until the type(s) of contamination is/are identified and an appropriate management action is defined by the County. C.4. Potential Response Actions The following sections outline the likely potential management actions (hereafter referred to as response actions), listed by contaminant/waste type, for managing contamination or regulated waste encountered unexpectedly during construction. Please note that the response actions for any given site or situation will be determined on a case by case basis by the County and environmental consultant, with the final approach relayed to the contractor for implementation. C.4.a Petroleum-Contaminated Soils If petroleum-contaminated soils are identified during construction, soils will be segregated and handled in accordance with MPCA Petroleum Remediation Guidance Document 5-01 Managing Petroleum- Contaminated Soil at Public Works Projects. A copy of the MPCA Guidance Document 5-01 is attached. C.4.b Other (Non-Petroleum) Volatile Organic Compounds-Contaminated Soils If pre-approved by the County, soils that have been tested by laboratory analysis and exhibit nonpetroleum VOC (chlorinated-solvents) impacts below the MPCA Soil Reference Values (SRVs) applicable to the project may be reused on the project as restricted fill. Reuse of soil with chlorinated-solvent concentrations greater than the MPCA Soil Leaching Values (SLVs) will not be allowed in areas of infiltration (i.e., raingardens, infiltration basins, etc.). The locations of reused restricted soil shall be documented by the County s environmental consultant. Soils exhibiting detections of chlorinated solvent contamination above the established SRVs applicable to the project will not be reused on the project site. These soils will be directly loaded and disposed of at a permitted off-site facility in accordance with state and federal regulations. Test pits may be used to

10 Hennepin County September 26, 2016 Page 7 evaluate the extents of chlorinated-solvent-impacted soil within the construction limits. Remaining impacted soil beyond the constructions limits may be sampled for documentation purposes. C.4.c Debris and Asbestos-Containing Materials In the event that buried building or bridge material, or other debris, suspected of containing asbestos is encountered during earthwork activities, it will be evaluated in-situ by an Minnesota Department of Health (MDH) certified asbestos inspector for the presence of asbestos by bulk sampling and analysis by polarized light microscopy (PLM). If asbestos-containing materials (ACM) are encountered, protocol outlined in the October 2013 MPCA Asbestos Guidance on Excavation Projects (w-sw4-03) will be followed including implementation of an MPCA approved Emissions Control Plan (ECP). A copy of the Asbestos Guidance on Excavation Projects is attached. If the debris is determined to be free of ACM, as the debris is excavated and removed, it will be properly recycled. If the debris cannot be recycled, soil should be managed according to the MPCA Off-site Use of Regulated Fill Policy (c-rem2-02). A copy of the Off-site Use of Regulated Fill Policy is attached. C.4.d Treated Wood In the event that treated wood pilings, posts, walls, bridge decks, or railroad ties are encountered during earthwork activities, treated wood will be segregated from soil and/or other waste materials and be disposed, reused, or recycled according to MPCA Treated Wood; Use, disposal and alternatives for businesses (w-hw4-67). A copy of MPCA document w-hw4-67 is attached. Soil in contact with treated wood will be evaluated in-situ by the County s environmental consultant for field indications of contamination. To determine management options, soil in contact with treated wood may require sampling and analytical testing as discussed in section C.5. Below. C.4.e Concrete, Bituminous, and Brick In the event that concrete, bituminous, and/or brick pieces or debris is/are encountered during earthwork activities, it will be evaluated in-situ for the presence of asbestos by an appropriately certified asbestos inspector for the presence of contact with asbestos (i.e., coatings, insulation, etc.) by bulk sampling and analysis by PLM. In addition, coatings that may be present on these materials will be evaluated for the presence of staining and/or other indicators of contamination and may be sampled for the presence and concentration of lead and/or PCBs. If ACM is encountered, protocol outlined in the October 2013 MPCA Asbestos Guidance on Excavation Projects (w-sw4-03) will be followed including implementation of an MPCA approved Emissions Control Plan (ECP). A copy of the MPCA Asbestos Guidance on Excavation Projects is attached.

11 Hennepin County September 26, 2016 Page 8 Uncontaminated (free from ACM, lead based paint, PCBs, staining, etc.) concrete, bituminous, or brick may be recycled for onsite or offsite use in accordance with MPCA Standing Beneficial Use Determination (BUD) rules or disposed of as demolition waste. C.4.f Bituminous Treated Base Excavated bituminous soils and/or associated granular materials treated with bituminous, macadam, tack oil or other asphalt/bitumen type material may be recycled and reused on the Project as road material or road base immediately under the pavement surface in accordance with the MPCA Standing BUD, which states that the end user of this material can do so without contacting the agency. Specifically, the Standing BUD states reuse of; Salvaged bituminous when used as a substitute for conventional aggregate in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2000 Edition, A2. Salvaged asphalt materials stockpiled for reuse must be placed on an impervious surface or polyethylene sheeting with runoff protection. If the stockpiled material exhibits odors, the material must also be covered with polyethylene sheeting. If reuse of this material cannot be accomplished in accordance with the MPCA Standing BUD, the County shall be contacted to determine appropriate reuse or disposal options. C.4.g PCBs, PAH, DRO, and Metal-Impacted Soils If pre-approved by the County, soils that have been tested by laboratory analysis and exhibit impacts below the MPCA SRVs applicable to the Project may be reused as restricted fill on the project. Reuse of soil containing PCBs or mercury concentrations above Residential SRVs will not be allowed. Reuse of soil with organic compound concentrations greater than the MPCA SLVs will not be allowed in areas of infiltration (i.e., raingardens, infiltration basins, etc.). Reuse of soil with inorganic compound concentrations greater than the MPCA SLVs will be evaluated on a case-by-case basis. The locations of reused restricted soil shall be documented by the County s environmental consultant. C.4.h Soil Vapors In the event that soil exhibiting elevated PID readings above 10 parts per million (ppm), as recorded on a PID equipped with a 10.6 ev or greater lamp (as determined appropriate for the contamination type), is to remain within utility trenches, lining of the trench or sealing of porous utility lines with polyethylene sheeting and tape, or other mitigation efforts, as determined appropriate, though the impacted area will be required. In some instances lining of the pipe will not be required, if appropriate dams are installed within the trenches to prevent soil vapor migration. Soil vapor controls in utility trenches will be decided on a case by case basis in consideration of other site factors including water level, soil types, and utility types.

12 Hennepin County September 26, 2016 Page 9 During the placement of utilities and backfilling, a minimum 2-foot buffer of clean fill will be maintained between the base and sides of the utility structures and the surrounding impacted soil. C.4.i Excess Soils Unregulated Fill Fill soil excavated during construction that is determined to be unregulated fill [as defined in MPCA Best Management Practices for the Off-Site Reuse of Unregulated Fill (c-rem1-01)] that cannot be reused on the Project because of space constraints, or the materials are not geotechnically suitable for reuse, may be transported for off-site reuse in accordance to the MPCA Best Management Practices for the Off-Site Reuse of Unregulated Fill (c-rem1-01). Regulated Fill Fill soil excavated during construction that is determined to be regulated fill [as defined in MPCA Off-site Use of Regulated Fill Policy (c-rem2-02)] that cannot be reused on the Project as restricted fill because of space constraints, or the materials are not geotechnically suitable for reuse, may be transported for offsite disposal at a permitted landfill. Reuse of restricted soils on other projects will be evaluated on a case-by-case basis by the County in consultation with the environmental consultant and in accordance to the MPCA Off-site Use of Regulated Fill Policy (c-rem2-02). C.4.j Storage Tanks or Drums In the event that drums or other storage containers are encountered during earthwork activities, their condition will be evaluated by the environmental consultant and they shall be removed by appropriately trained personnel. The containers will be placed in a secure location. Containerized materials will be evaluated, tested, and properly disposed. Soil from the area around the container will be screened for indications of contamination. Potentially impacted soil will be segregated and stockpiled. Soil samples will be collected from stockpiled materials for chemical analyses and confirmation soil samples will be collected from remaining in-place soil. If a potential underground storage tank (UST), indicated by a buried metal or concrete surface, is encountered during excavation activities, the area around the potential underground structure will be carefully excavated. The underground structure will be tested to evaluate the depth to bottom or the presence of liquid. If liquid is present, further testing will be conducted to evaluate its contents. Liquid will be removed by pumping prior to removal and disposal of the structure. All UST contents will be handled in accordance with MPCA and OSHA requirements. The UST will be removed by a licensed UST removal contractor and all removal activities will be completed in accordance with MPCA requirements. Soil surrounding the tank or structure will be monitored for possible impacts and sampled for chemical analyses in accordance with MPCA Petroleum Remediation Program Guidance Document 3-01, Excavation of Petroleum Contaminated Soil and Tank Removal Sampling. A copy of Guidance Document 3-01 is attached.

13 Hennepin County September 26, 2016 Page 10 C.4.k Onsite Wells and Septic Systems In the event that unanticipated water wells are encountered during earthwork activities, a licensed well contractor must determine if the well has been sealed and, if required, seal any unsealed wells in accordance to MDH regulations. Any unanticipated septic systems, or subsurface sewage treatment systems (SSTS), that are encountered during earthwork activities will be properly abandoned in accordance with local and state code. C.5. Sampling and Analytical Testing Soil samples for chemical analyses may be collected from materials exhibiting field indications of contamination. The analytical parameters will be based on field observations, site history and input from the County s environmental consultant. Likely analytical parameters include: Volatile organic compounds (VOCs) using the United States Environmental Protection Agency (EPA) Method MDH List 466A Polynuclear aromatic hydrocarbons (PAHs) using EPA Method 8270 Gasoline-range organics (GRO) and diesel-range organics (DRO) with silica gel clean-up using the Wisconsin Department of Natural Resources (WDNR) Method 8 Resource Conservation and Recovery Act (RCRA) metals using EPA 6000 and 7000 series methods PCBs using EPA Method 8082 Additional parameters may also be added depending on field observations, the nature of the materials, and to meet the requirements of the off-site disposal facility (if applicable). The number of soil samples collected from soil stockpiles (if necessary) for chemical analyses will be based on MPCA Petroleum Remediation Program Guidance Document 4-04, Soil Sample Collection and Analysis Procedures and/or the MPCA Risk-Based Site Characterization and Sampling Guidance. C.6. Confirmation Soil Sampling for Unexcavated Soils If necessary, confirmation soil samples of contaminated soils will be collected from the limits of the finished excavation base or sidewalls in potentially contaminated areas for PID headspace and

14 Hennepin County September 26, 2016 Page 11 appropriate laboratory analysis. Analytical parameters will be based on the contaminants of concern identified in the impacted soil. The number of soil samples will be collected based on MPCA Risk-Based Site Characterization and Sampling Guidance. C.7. Dewatering In the event that contaminated groundwater is encountered during construction, appropriate discharge permits will be obtained by the contractor prior to dewatering. Based on groundwater analytical data, a Metropolitan Council Environmental Services (MCES) discharge permit for sanitary sewer discharge or a National Pollutant Elimination System (NPDES) contaminated groundwater discharge permit for storm sewer discharge will be obtained. Discharge permits will be coordinated with local government authority, as appropriate. Additional groundwater samples will be collected by the environmental consultant as required by the discharge permit. If concentrations of contaminants are too high to discharge to the sanitary sewer, a portable groundwater treatment system will be used to treat the groundwater prior to discharging. D. Site Health and Safety Plan Prior to the start of the project, the environmental consultant must prepare a Health and Safety Plan (HASP) for use by their personnel in accordance with state and federal Occupational Health and Safety Administration (OSHA) requirements. The HASP will be submitted to the County prior to the start of the work. The HASP should include procedures to monitor ambient air within the exclusion zone(s) (areas of contamination) and at the perimeter of the work area to monitor for the public on behalf of the County. At the request of the County, air sampling might also be conducted in certain situations. The General Contractor(s) will be responsible for preparing their own project specific Health and Safety Plan for their employees and subcontractors at the Site. A project specific HASP should include discussion of potential contaminants of concern and specific job hazards that are anticipated on the project. E. Reporting Upon completion of Site activities and chemical analyses, the County s environmental consultant will prepare a report documenting their methods and results of the CCP activities completed.

15 Attachments

16 Managing Petroleum Contaminated Soil at Public Works Projects Guidance Document 5-01 Petroleum Remediation Program Public works projects often encounter petroleum contaminated soil that originated from storage tanks. Potential risks associated with encountering petroleum contaminated soil at public works projects include human exposure to contaminants, impacts to the environment, and in severe situations, fire and explosions. This document provides guidance on managing petroleum contaminated soil when it is encountered during public works projects. Definitions: Public Works Project For Petrofund purposes, a Public Works Project is a project that involves the new construction or maintenance of an existing public utility infrastructure that is staged within a utility easement, or in right-of-way owned and/or managed by the State, an agency of the state, or a political subdivision. Some common examples of public works projects are water and sewer projects, underground telephone or electric utilities projects, natural gas projects, and stormwater drainage system projects. Development projects are not covered under this guidance document. Some common examples of development projects would be trenching for building construction and site reworking, service connections from the main utility infrastructure to private homes or businesses, street re-paving, public facility construction, and other utility work by private entities as part of a development project. Road work independent of other public utility infrastructure is also not covered under this policy. Project Sponsor A Project Sponsor can be a public works owner, the state, an agency of the state, or a political subdivision that holds the access permit for a utility or other public works project, or has a principal stake in scoping and completing such a project. It is the responsibility of the Project Sponsor to complete the project safely through the areas of contamination, and to properly manage petroleum contaminated soil that is excavated during the project. In most cases, a Project Sponsor will not be required to remove the contamination outside planned project excavation limits, or to define the extent of the contamination. 1. Pre-Project Startup/Planning Ahead Plan ahead to avoid project delays in the event that petroleum contamination is encountered. a) Identify Potential Sources of Contamination. Prior to construction, try to determine if and where petroleum contamination may exist along the planned route. For instance: Take an inventory of the active petroleum retail businesses that are located along the route. Talk with people who are knowledgeable about old gas stations or businesses that may have used petroleum storage tanks on their property. Complete a driving or, if possible, a walking reconnaissance of properties adjacent to the project area to check for evidence of former tanks such as patched concrete, old pump islands, fill pipes or vent pipes. Search the Minnesota Pollution Control Agency (MPCA) Leak Site Database to identify all open or closed petroleum leak site(s) located along the project route: b) Hire an environmental consultant. If petroleum contamination will likely be encountered during the project, hire an environmental consultant familiar with and experienced in contaminated site work, and arrange for them to be present or on-call during construction through the areas of suspected contamination. Consultants who perform Petrofund-reimbursable work must be registered with the Petrofund. A list of Petrofund-registered consultants is available at: c-prp5-01 September 2008 Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN TTY or Available in alternative formats

17 c) Work with the MPCA. If petroleum contamination will likely be encountered during the project, contact the MPCA s Petroleum Remediation Program Public Works Coordinator, at or , prior to project start up. Request that the MPCA Public Works Coordinator issue you a Request to Take Corrective Action letter. A MPCA Request to Take Corrective Action letter is required in order to be eligible for Petrofund reimbursement. For a Request to Take Corrective Action letter to be issued, the following information must be submitted to the MPCA Public Works Coordinator: Project Sponsor contact information project location plan sheets and description of public works project work identification of the potential contamination sources on the project plan sheets (include MPCA leak number if source is a known open or closed leaksite) volume estimate of petroleum contaminated soil that may be excavated to complete the public works project (this may include trench dimensions, or some other estimate of excavation dimensions) volume estimate of petroleum contaminated soil that can not be re-used on the site and will therefore need to be disposed off-site It is understood that some projects may encounter petroleum contaminated soil which could not have been foreseen. In those cases, to ensure Petrofund reimbursement, the Project Sponsor must be prepared to temporarily stop work in the contaminated areas. Contact MPCA s Public Works Coordinator (see above) to discuss the project and provide the information necessary for the MPCA to issue the Request to Take Corrective Action letter. Be aware that the Public Works Coordinator will not be available at all times, and that the MPCA will not issue a Request to Take Corrective Action letter after the contaminated soil has been excavated. 2. Excavating Petroleum Contaminated Soil/ Request to Take Corrective Action a) Report contamination and assess vapor risks. A Project Sponsor must immediately report contamination to the State Duty Officer at or Inform the Duty Officer of emergency or high priority situations such as free product, or strong or explosive levels of petroleum vapors. The Duty Officer will notify the appropriate state agencies and other units of governments. When reporting the discovery of petroleum contamination to the State Duty Officer, clearly indicate that you are working on a public works project. After reporting the discovery of petroleum contamination to the State Duty Officer, call the MPCA s Petroleum Remediation Program Public Works Coordinator, at or b) Have an environmental consultant oversee the work performed in the areas of contamination. Determine if the contamination encountered presents a potentially dangerous situation (free product, high or explosive levels of vapors), and complete the work requested by the MPCA in accordance with applicable MPCA guidance documents. (If a potentially dangerous situation is found, the project may be delayed because the MPCA may require an emergency response.) Work must not be performed in areas of contamination without an environmental consultant present to ensure completion of the MPCA-requested work. c) Separate soil during excavation. Contaminated soil that registers at or above 10 parts per million (ppm) on a photoionization detector (PID) using field headspace analysis must be separated from soil that registers below 10 ppm on a PID. Separate petroleum saturated soil regardless of PID levels. Excavate only the minimum volume of contaminated soil necessary to safely complete the public works project through the areas of contamination. Keep all excavated soil that registers at or above 10 ppm PID in a separate stockpile from soil that registers below 10 ppm PID. In order to minimize human health risk and secondary environmental impacts, contaminated soil must be stockpiled on a bituminous or concrete surface or minimum 10-mil plastic, and covered at the end of each day with minimum 10-mil reinforced plastic. The stockpile cover must be securely anchored. The stockpile should be surrounded by fencing if the Project Sponsor determines that additional security measures are necessary. The stockpile cover must be maintained until the soil can be re-used on the project or disposed of off-site, as described below. d) Re-use soil on the project. Soil that registers below 10 ppm PID can be backfilled with minimal vapor impact or otherwise re-used on the project. Soil that registers at or above 10 ppm PID and less than 200 ppm PID can be reused on the project as road base, or in embankments (at a minimum 200 feet from surface waters). Soil re-used in Managing Petroleum Contaminated Soil at Public Works Projects c-prp5-01 September 2008 Page 2 of 3

18 embankments must be covered with 2 feet of clean cover soil. Soil can also be re-used as backfill, if it can be effectively mixed to 10 ppm PID or less. Soil that registers at or above 200 ppm PID, or that is petroleum saturated, must be properly managed at a MPCA approved off-site disposal facility. Soil that registers at or above 10 ppm PID and less than 200 ppm PID that is not re-used on-site as road base or in embankments also must be properly managed at a MPCA approved off-site disposal facility. Soil registering at or above 10 ppm PID can be utilized only in the specific ways and means stated within this paragraph. e) Sample and dispose of soil that can not be re-used on the project. Collect representative soil samples from the soil stockpile(s) and analyze for the required laboratory parameters based on the recommended disposal option. Off-site disposal options include: thermal treatment; land treatment; composting; or landfilling. f) Obtain all necessary permits and comply with permit conditions if dewatering is required. g) Identify potential source(s) of petroleum contamination. h) Submit a report to the MPCA s Petroleum Remediation Program Public Works Coordinator. The report must include the following: plan sheets of the public works project showing the areas where contamination was encountered, PID sample locations of all screening data, and sources of the contamination PID headspace soils screening data, including PID results, depth, and PID ID correlated to the PID sample locations on the plan sheets or figures volume of soil from each individual source area identified by Leak #, and total volume of petroleum contaminated soil excavated for the public works project documentation of soil re-use on the project stockpile analytical data, volume of soil disposed off-site, and treatment method and location 3. Petrofund Reimbursement The Project Sponsor may apply to the Petrofund for reimbursement of reasonable costs incurred for the purpose of meeting the MPCA Request to Take Corrective Action. The costs for performing work beyond the scope of the MPCA Request to Take Corrective Action are not eligible for Petrofund reimbursement unless the MPCA provides written approval to exceed the original scope of work. Any costs for work that is performed without a written Request to Take Corrective Action by the MPCA are ineligible for reimbursement. For questions about Petrofund reimbursement requirements, including getting competitive bids, call Petrofund staff at the Department of Commerce at or (greater Minnesota only). Managing Petroleum Contaminated Soil at Public Works Projects c-prp5-01 September 2008 Page 3 of 3

19 Asbestos guidance on excavation projects Solid Waste/Asbestos Program This guidance document is for excavation/construction projects that involve demolition debris, solid waste or other materials (debris) contaminated with asbestos-containing materials (ACM) and/or asbestos-containing waste materials (ACWM) that are excavated or otherwise disturbed during the project. This document does not address those activities that are related to a demolition project. If you want information related to building or structure demolition please contact the Minnesota Pollution Control Agency (MPCA) Asbestos Program or The excavation of any debris that is contaminated with ACM/ACWM is governed by 40 Code of Federal Regulations (CFR) pt. 61, subp. M, also known as the asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). The regulatory framework of the asbestos NESHAP for excavations is as follows: 1. The definition of a Facility includes Inactive Waste Disposal Sites. 2. An Inactive Waste Disposal Site is defined as a site where no additional ACM/ACWM has been deposited (i.e. disposed of) for one year or more. 3. Renovation means the altering of a Facility in any way, which includes the excavation of an inactive waste disposal site. 4. Projects that involve excavation or disturbance of debris with ACM and/or ACWM contamination are renovations and are subject to the asbestos NESHAP. For excavations with ACM/ACWM contamination, the owner(s) and operator(s) of the property and the project should determine the extent of the contamination in relation to the material to be excavated or disturbed in order to assure that the project is conducted in compliance with the asbestos NESHAP. To determine the extent of the contamination: a. Conduct a thorough inspection of the area to be excavated or disturbed for the presence of ACM/ACWM. In an excavation, this usually means digging test pits since soil borings are too limited as an investigative tool. If possible, determine what quantity and to what extent of debris is contaminated with ACM/ACWM. This determination can be made from the test pits or other information in connection with physical observations. The sampling and testing of suspect ACM must be performed by a Minnesota Department of Health (MDH) licensed asbestos inspector. Soil testing for asbestos may need to be performed if friable ACM materials are identified in an area. b. Determine the extent of contamination until investigated, all demolition debris and suspect ACM are considered Regulated Asbestos-Containing Materials (RACM). The contamination may be limited to specific areas of the excavation or of the demolition debris. This will have a significant impact on the controls needed throughout the project and is critical information. Non-contaminated areas could potentially be handled much differently than contaminated areas. c. Use Phase I, As-builts, Sanborn Insurance Maps, aerial photographs, city utility or inspection records, etc. in determining the type of structure disposed of at the site, the timeline of the filling operation, the location of foundations, and other information. Minnesota Pollution Control Agency TTY or October 2013 w-sw4-03 Available in alternative formats

20 5. If the project is subject to 40 CFR , you must hire a MDH licensed asbestos contractor and follow the asbestos NESHAP renovation regulations as follows: a. Submit a Notification of Asbestos-related Work (Notice) to the MPCA and MDH. The Notice must include facility information, owner/operator information, emission control procedures, disposal location, and other information. The Notice includes a ten-working day notification period for MPCA review and processing. b. Emission control requirements of 40 CFR must be met, including the adequate wetting of the excavated material and preventing visible emissions from the RACM. The area where RACM abatement is being performed must be cordoned off and asbestos warning signs must be clearly visible at all entrances or exits. c. Waste handling provisions of 40 CFR must be met. It includes the following: adequately wet polyethylene lined and covered trucks or containers proper manifesting, waste generator label, and warning signs used d. Disposal at a site operated in accordance with 40 CFR If the landfill is operated in the State of Minnesota, ensure it is a MPCA approved solid waste facility permitted to accept the waste. 6. The RACM removal project is completed after all the RACM is removed and a visual inspection is performed by the MDH licensed asbestos contractor or an MDH licensed inspector. In an excavation, this would be for the affected area where RACM was removed. Any RACM not disturbed will not need to be inspected. If RACM is identified and is not scheduled for excavation, then other portions of the asbestos NESHAP may apply regarding deed recording or cover requirements depending on the information supplied regarding the project and the potential for future RACM exposure. The ability to rework the excavation project to disturb as little RACM as possible will help with disposal and handling costs, avoid the potential for airborne asbestos fibers, and avoid any additional liability of handling or off-site disposal. In some instances, institutional controls for the RACM being left in place may be sufficient. These controls may include deed notification or restrictions. The owner/operator definition of the asbestos NESHAP includes anyone who...owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition operation or both. This means that any party or person that meets the above definition is potentially liable (responsible) for compliance with the asbestos NESHAP throughout the excavation. On an excavation project an operator could include the general contractor, environmental specialists, or excavation contractor and the property owner. Often buildings that were demolished years ago did not perform pre-demolition asbestos abatement or conduct asbestos surveys. Therefore, there is an increased likelihood that ACM/ACWM is intermixed with the demolition debris. The efforts that you make in examining and delineating the extent of the contamination will facilitate your development of an acceptable work plan for proper handling of the contamination in your excavation or development project. As part of the MPCA s and the asbestos NESHAP s risk-based, environmental impact approach to site cleanup and remediation, minimizing the potential for asbestos fibers to become airborne during the project should be the guiding factor in deciding which remediation method is used. The project should utilize the least intrusive means to handle the RACM and the best control methods available. These principles should guide you in determining the best remediation approach to your project. Page 2 of 3 August 2013 w-sw4-03

21 Some examples of work practices used to remediate RACM contamination on excavation projects include: 1. Use of a staging area to place suspect contaminated materials for later sorting or disposal which allows the excavation to proceed without constant mobilization for off-site disposal and other asbestos NESHAP requirements. 2. Reworking the project to avoid to the greatest extent possible the disturbance of materials thought to potentially contain RACM. 3. Screening of RACM depending on the use of the screened material, types of RACM, screening test results, condition of the material, etc. 4. Dynamic compaction to get desired engineering of the area for building footings. This would require a deed restriction but avoids any handling and off-site disposal costs. As a policy, the MPCA wants to avoid wherever possible the creation of inactive asbestos waste disposal sites. The disposal sites would require deed notation and restrictions and are not always a final solution. Alternatives to standard off-site disposal of the RACM must be approved by the MPCA on a case-by-case basis. This guidance document is not intended as a substitute for reading the rules or regulations and making your own independent determination of its applicability to your excavation project. Examples in this guidance document do not represent an exhaustive listing of types of materials or projects to which the rules or regulations might apply. Visit the MPCA s website at Page 3 of 3 October 2013 w-sw4-03

22 Best Management Practices for the Off-Site Reuse of Unregulated Fill Remediation Division This document defines unregulated fill and provides guidance from the Minnesota Pollution Control Agency (MPCA) Remediation Division regarding Best Management Practices for its off-site reuse. Off-site reuse of excess soil as fill or aggregate is a common practice at many development and road construction projects. If no known or potential sources of contamination are identified during environmental due diligence and subsequent field observations, then sampling of excess soil for laboratory analysis is not necessary. However, when excess soil originates from a site with known or potential sources of contamination, characterization of the soil is warranted prior to off-site reuse in order to ensure the protection of public health and the environment. If contamination is detected in the soil, the unregulated fill criteria and best management practices described herein provide a framework for making good decisions about the off-site reuse of the soil. If the soil does not meet the criteria for unregulated fill, the soil should be managed or disposed of in accordance with applicable regulations. Definition of unregulated fill Unregulated fill, for the purpose of this guidance, is defined as excess soil in which a release of contaminants has been identified at concentrations less than the MPCA s most conservative risk-based values (see complete criteria on the next page). Thus, the identified contaminants in the fill are present at concentrations that are not of regulatory concern to the MPCA. Unregulated fill is not a solid waste.* Exclusions 1. Some excess soil and other material generated at a redevelopment site is regulated as either solid or hazardous waste and must be managed according to applicable solid or hazardous waste laws, including: Soil that is characteristically hazardous or contaminated due to a release of a listed hazardous waste, as defined in Minn. R. ch Such soil must be managed in accordance with the requirements of the MPCA s Resource Conservation and Recovery Act (RCRA) program. Waste material such as salvaged bituminous, crushed concrete, bricks, fly ash, etc. proposed to be reused as fill. The beneficial reuse of solid wastes is governed by Minn. R Information regarding the beneficial reuse of solid wastes can be found on the MPCA s website at 2. The management and reuse of dredged material may be regulated by permit or subject to other regulations. Information about the management of dredged materials can be found on the MPCA s website at *If sent to a permitted landfill for disposal, unregulated fill may be subject to a solid waste tax. Minnesota Pollution Control Agency TTY or February 2012 c-rem1-01 Available in alternative formats

23 Criteria for unregulated fill Unregulated fill is excess soil that meets all of the following field screening and contaminant concentration criteria: free from solid waste, debris, asbestos-containing material, visual staining, and chemical odor organic vapors less than 10 parts per million, as measured by a photoionization detector (PID) for petroleum-impacted soil, less than 100 mg/kg diesel range organics (DRO)/gasoline range organics (GRO) for contaminants detected in soil, less than the MPCA s Residential Soil Reference Values (SRVs) and Tier 1 Soil Leaching Values (SLVs)* *Naturally-occurring concentrations of some metals, such as arsenic, selenium, or copper, sometimes exceed the SRV or SLV. Such soils are not considered impacted in the absence of a contaminant source or other field or laboratory indications of contamination. A list of current SRVs can be found in the MPCA s Risk-Based Guidance for the Soil-Human Health Pathway. A list of current SLVs can be found in the Risk-Based Guidance for Evaluating the Soil Leaching Pathway. Both documents can be found at For contaminants detected in soil that do not have established SRVs or SLVs, additional evaluation may be needed to determine whether the soil can be considered unregulated fill. Some detections of DRO in soil may stem from the presence of natural organic material or nonpetroleum contaminants in the soil, such as coal tars or other material containing polynuclear aromatic hydrocarbons (PAHs). Evaluation of DRO data should take into consideration the history of the property, including the known or likely presence of a petroleum source, the presence (or lack thereof) of other contaminants in the soil sample, and the type of soil. If positive DRO results are related to nonpetroleum contaminants, risk-based criteria for the non-petroleum contaminants should be applied. If necessary, laboratory analytical methods are available to help determine if the DRO is from natural organic material in the soil. Placement of unregulated fill To avoid potential problems or public concern stemming from the placement of unregulated fill in sensitive settings, the MPCA recommends the following Best Management Practices: Avoid placing unregulated fill at schools, playgrounds, daycares, and residential properties. Unregulated fill is most suitable for use at industrial or commercial properties. Avoid placing unregulated fill in gardens where food for human/animal ingestion will be grown. Observe a minimum ten-foot separation distance between unregulated fill and the water table. Avoid placing unregulated fill where contaminants may be transported by run-off to lakes, rivers, wetlands, or streams. Sampling decisions Decisions of whether to sample soil for contamination prior to off-site reuse should be based on the history of the source area, the nature of the source material, the extent to which the soil has been previously characterized, and other factors that are part of a due diligence assessment of the environmental condition of the source property. If the soil originates from a site where known or potential sources of contamination are present, samples of the soil should be collected for field screening and laboratory analyses. Examples of sites where environmental due diligence may reveal known or potential sources of contamination include sites where contamination was previously identified as a result of regulatory action or voluntary Page 2 of 3 c-rem1-01

24 investigation, previously developed sites (commercial, industrial, recreational, or residential), agricultural properties, or land that may have been subject to dumping, spills, or historic filling activities. If no known or potential sources of contamination are identified during environmental due diligence and subsequent field observations, then sampling of excess soil for laboratory analyses is not necessary. Sample type and frequency When soil sampling is appropriate, the frequency and type of samples should be based on the potential sources of contamination, the depth, volume, and heterogeneity of the source material, and the availability of existing data. At a minimum, analytical parameters should include volatile organic compounds, PAHs, RCRA metals, DRO, and GRO. Other contaminants of concern should be included as appropriate, based on the history of the source location. Analytical data should be age-appropriate and representative of the source material. Some soils even lightly impacted by heavy metals have the potential to leach at concentrations at or above the Toxicity Characteristic Leaching Procedure (TCLP) regulatory limit. As a rule-of-thumb, a TCLP analysis for RCRA metals should be conducted if the soil concentration of a metal is 20 times or greater the TCLP regulatory criteria. A typical frequency for the field screening of potentially contaminated soil using a PID is one measurement for every ten cubic yards of soil. For analytical samples, the stockpile sampling guidance presented in Section 7.3 of the MPCA s Site Characterization and Sampling Document can be used as a frame of reference for the appropriate sampling frequency based on soil volume: Soil sampling guidelines for the Petroleum Remediation Program are presented in guidance Document 4-04: Flexibility in the number of samples may be warranted, depending on the site-specific circumstances. Sound professional judgment, taking into account all of the factors discussed above, should be used when developing a sampling plan to determine whether excess soil meets the criteria for unregulated fill. Implementation All parties are encouraged to use the best management practices described herein in order to make good decisions about the off-site reuse of unregulated fill. It is the responsibility of the property owners and other parties engaged in development and construction activities to make sure that their activities include appropriate environmental due diligence and that excess soil and other materials generated by these activities are managed in an environmentally responsible manner. Note that some local units of government, including Dakota County, may have local ordinances which restrict the off-site reuse of unregulated fill within their boundaries. Parties seeking to import unregulated fill should check with local regulators to determine if such ordinances are in effect in their project area. Nothing in this guidance excuses anyone from compliance with any law, rule, or other legal obligation (including any environmental covenant) that applies to any development or construction activity, including the generation, management, transport, and reuse of excess soil. For more information Questions about the information presented above can be directed to the MPCA at or Page 3 of 3 c-rem1-01

25 Minnesota Pollution Control Agency Off-Site Use of Regulated Fill Policy Voluntary Investigation and Cleanup Program Petroleum Brownfields Program Policy Statement Brownfield redevelopment sites that are enrolled in the Minnesota Pollution Control Agency's (MPCA) Voluntary Investigation and Cleanup (VIC) and/or Petroleum Brownfields (PB) programs may move Regulated Fill, as defined below, from one VIC/PB site to another VIC/PB site, subject to the terms and conditions outlined below. Background A developer may need to excavate large quantities of soil for geotechnical soil correction, changes in grade, or for the construction of basements, underground parking, or utility corridors. Often, this soil may consist of historical urban fill that has concentrations of contaminants greater than the MPCA's Residential Soil Reference Values (SRVs) but less than or equal to Industrial SRVs. In the past, the MPCA has required such soil, if excess, to be hauled to a permitted landfill for di.sposal or use as daily cover. Other Brownfield sites being redeveloped for industrial or restricted commercial use may require the import of large quantities of soil to backfill an excavation or to achieve the necessary design grade. Typically, these sites import clean fill to meet site redevelopment needs. In cases where low-impact soil can be reused in a way that is protective of human health and the environment, the controlled off-site reuse of such soil is consistent with a green remediation philosophy and can be a significant cost-saving measure for developers of Brownfield sites and for state and local units of government which provide contamination cleanup grants. Definitions The MPCA's framework for the off-site use of excess soil generated during site redevelopment is based upon three categories of potential fill soils, as defined below: Clean Fill - soil that is unaffected by a spill or release. Unregulated Fill - soil with no field signs of contamination, but which nevertheless has been affected by a release of contaminants at concentrations less than the MPCA's most conservative screening values. The MPCA has recommended best management practices for persons seeking to reuse Unregulated Fill. For additional information, see "Best Management Practices for the Off- Site Reuse of Unregulated Fill". Regulated FiII- soil which has any of the contaminant characteristics described below: diesel range organics (DRO)/gasoline range organics (GRO) 100 milligrams per kilogram (mg/kg) or greater from a known or likely petroleum source metals or semi-volatile organic compounds (SVOCs) between the MPCA's residential and industrial SRVs volatile organic compounds (VOCs) between the MPCA's default Tier 1 Soil Leaching Values (SLVs) and the Site-specific Tier 2 SLVs for the importing site Minnesota Pollution Control Agency I I TTY or March 2012 I c-rem2-02 Available in alternative formats

26 Characterization of Regulated Fill A sampling plan to characterize excess soil for potential off-site use as regulated fill should be reviewed and approved by VIC/PB staff. The approved sampling approach can be implemented during Phase II field work or as a separate effort during implementation of the Response Action Plan/Soil Management Plan. The following bullet points address some frequently asked questions regarding characterization of fill for potential off-site use: Naturally-occurring concentrations of some metals, such as arsenic, selenium, or copper, sometimes exceed the SRVor SLV. Such soils are not considered impacted in the absence of a contaminant source or other field or laboratory indications of contamination. Some detections of DRO in soil may stem from the presence of natural organic material or nonpetroleum contaminants in the soil, such as coal tars or other material containing polynuclear aromatic hydrocarbons (PAHs). Evaluation of DRO data should take into consideration the history of the property, including the known or likely presence of a petroleum source, the presence (or lack thereof) of other contaminants in the soil sample, and the type of soil. If positive DRO results are related to non-petroleum contaminants, risk-based criteria for the non-petroleum contaminants should be applied. If desired, hlboratory analytical methods are available to help determine if the DRO is from natural organic material in the soil. Provided that enough samples of the fill material have been collected to allow a meaningful statistical evaluation of the data, averaging of the data is acceptable. For example, some exporting sites that have successfully applied an averaging approach (excluding hot spots) have implemented a three-dimensional grid-based sampling strategy during the site investigation phase to characterize the fill material for potential reuse. While the goal is for Regulated Fill to be as free of debris as practicable, Regulated Fill may contain a de minimis amount of inert debris such as fragments of brick, concrete, glass, metal, etc. Because Regulated Fill will typically be comprised of historical urban fill, Regulated Fill may be discolored relative to native soil. If VOCs or elevated organic vapors (10 ppm or greater) as measured by a photo ionization detector (PID) are present in the Regulated Fill, special placement criteria at the receiving site may apply. The presence ofvocs in the Regulated Fill may also trigger the need for MPCA-approved site-specific Tier 2 SLVs for the receiving site. Exclusions Reuse of the following soil and other materials are not covered by the MPCA's fill reuse framework and will not be approved under this policy: Soil contaminated with agricultural chemicals. Such soil is under the regulatory oversight of the Minnesota Department of Agriculture Incident Response Program. Soil containing asbestos-containing material. Soil containing more than a de minimis amount of demolition debris, industrial waste, or other solid waste. Such soil continues to be regulated by the MPCA as a solid waste. Soil that is characteristically hazardous or contaminated due to a release of a listed hazardous waste. Such soil must be managed in accordance with the requirements of the MPCA's Resource Conservation and Recovery Act (RCRA) program. Soil exhibiting chemical odors, due to the potential for nuisance conditions at the receiving site. Page 2 of 4 I c-rem2-02

27 Non-soil materials such as crushed concrete, bricks, etc., that are proposed to be beneficially used as fill. Such material must be managed in accordance with the requirements of the MPCA's Solid Waste Program. Dredge materials. Such material may be regulated by permit or be subject to other MPCA regulatio ns. ate ria Is Requirements for Off Site Use of Regulated Fill 1. Both the exporting and importing sites must be enrolled in the VIC and/or PB program(s), as appropriate for the type of contaminants present at the site. 2. Both the exporting and importing sites must have completed a Phase I and Phase II environmental site assessment that is acceptable to MPCA. 3. Both the exporting and importing sites must have an MPCA-approved plan for the management and reuse of the Regulated Fill. This can be in the form of a Response Action PIon (RAP), if response actions are needed at the site or a Soil Management the soil reuse plans were not known at the time the RAP was written. Plan, if response actions are not necessary or if 4. Regulated Fill can only be used at restricted commercial or industrial sites which have existing contamination similar in type and concentration to that of the Regulated Fill to be imported. For definitions of restricted commercial and industrial property use, see the MPCA's Risk-Based Site Evaluation Manual at the link below. Placement of Regulated Fill at uncontaminated sites, or where only minor contamination is present (e.g. < Residential SRVs), or where the land use is not restricted commercial or indust~ial will not be approved The off-site use of Regulated Fill must be protective of human health and the environment, and there must be no increase in risk posed by the contamination as a result of its placement at the importing site. The evaluation of risk at the importing site must include (a) the potential human health risk through direct exposure to the soil contaminants, (b) the potential for groundwater impacts due to leaching, (c) the potential for soil vapor migration and vapor intrusion, and (d) the potential for surface water impacts. 6. The importing site must be a locally permitted and approved construction/redevelopment project with a legitimate need for backfill or grading material, as indicated in site documents submitted to the MPCA. 7. A Regulated Fill application which describes the proposal for the export/import of Regulated Fill must be submitted to the MPCA for review and approval. The Regulated Fill application identifies the exporting and importing sites and provides the necessary supporting information by which to evaluate the proposal. The application must be signed by the property owners of the exporting and importing sites. 8. The property owner of the importing site shall furnish a copy of the Regulated Fill application to the local unit(s) of government (LUG) listed below, as appropriate for the site. The LUG must sign a Local Government Natificatian form to confirm receipt of the information. A copy of the signed local government notification form must be attached to the Regulated Fill application when submitted to MPCA. Compliance with this policy does not release either party (exporter or importer) from any obligation to comply with local government ordinances, including ordinances that may require a solid waste permit prior to placement of the Regulated Fill material. county auditor or other person designated by the county board to receive notifications city clerk or other person designated by the city council to receive notifications Page3 of4

28 town clerk or town chair as determined by resolution of the town board for land within a reservation, the appropriate official of the tribal authority 9. Final placement of Regulated Fill at the importing site must be in accordance with the timeframe described in the Regulated Fill application, as approved by the MPCA. Temporary staging of Regulated Fill at a site other than the originating or importing sites will not be approved. 10. The origin, final disposition, and placement of the Regulated Fill must be described in the Implementation Reports for the exporting and importing sites, with appropriate documentation. The Implementation Reports must be submitted to the MPCA for review and approval. 11. An institutional control may be required for the receiving site based on activity restrictions or affirmative obligations related to the site's final conditions, as per standard Remediation Division policy. In the vast majority of cases, the need for an institutional control at the importing site will be driven by the site's own residual contamination, as opposed to the import of Regulated Fill. In rare cases where the placement of Regulated Fill was contingent upon the presence of a paved surface or building to reduce infiltration, the import of Regulated Fill may trigger the need for an institutional control. Approvals/Assurances Regulated Fill is considered by the MPCA to be solid waste. However, the MPCA has adopted a Program Management Decision on Regulated Fill which allows the VIC and PB programs to provide oversight for the off-site reuse of Regulated Fill, as defined above, rather than have such sites subject to permitting under the solid waste management program. The MPCA will not require permits or approvals to be obtained from the solid waste program for the off-site use of Regulated Fill, when managed in accordance with the terms and conditions of this policy. The MPCA will take no action against persons who move Regulated Fill, as defined above, from one VIC/PB site to another VIC/PB site so long as the persons comply with the terms and conditions of this policy. The VIC/PB programs will use the following approvals and assurances to provide regulatory oversight and environmental closure for Brownfield redevelopment sites exporting or importing Regulated Fill. As with any approval or assurance, standard disclaimers will apply. Approval of Response Action Plan and/or Soil Management Plan. Approval of Regulated Fill application. For a site which exports or imports Regulated Fill impacted by petroleum, the PB program may issue an Implementation Report approval letter for the site. For a site which exports or imports Regulated Fill impacted by hazardous substances, the VIC program may issue an Implementation Report approval letter and a No Action/No Further Action Letter for the site, provided that the site meets all appropriate VIC requirements for these assurances. ~4~ Kathryn J. Sather Division Director Date Remediation Division Minnesota Pollution Control Agency Page 4 of 4 I c-rem2~02

29 Treated Wood Use, disposal and alternatives for businesses Waste/Hazardous waste #4.67 September 2010 Contents Background... 1 Guidance for households1 Prevention... 1 Before you buy... 1 Types of wood treatments... 1 Use guidelines... 2 Handling precautions... 2 Reuse and recycling... 2 Disposal requirements... 2 More information... 3 B ackground Treating wood with chemical preservatives or pesticides lengthens its useful life; however, many of the chemicals used in treating wood are toxic to people and the environment. To minimize the potential for treated wood to cause adverse health and environmental impacts, select, use and dispose of treated wood products safely and appropriately. Guidance for households In this document, the Minnesota Pollution Control Agency (MPCA) provides guidance to businesses purchasing, using, and disposing of treated wood. For guidance for households, see MPCA household hazardous waste fact sheet #4.75, Treated Wood - Use, Disposal, and Alternatives for Consumers available on the MPCA's household publications Web page at -hazardous-waste.html. Prevention Consider how you intend to use treated wood. Although other building materials may not be completely environmentally friendly, they may not have the same potential for adverse impacts to drinking water, groundwater or surface water. For example, consider alternatives: Docks made from recycled or new metal or plastic materials Untreated cedar for decks and playgrounds Landscape blocks Steel or reinforced plastic pilings Before you buy Before you buy treated wood, ask yourself: Will it be used indoors or outdoors? Will it come into direct contact with people or animals? Will it come into contact with any drinking water source, any surface water (such as a lake or stream), or with groundwater? Is there a less toxic or non-toxic alternative? Then, choose a product that conforms to your intended use. The U.S. Environmental Protection Agency (EPA) and the wood-treating industry have established guidelines for using treated wood. These guidelines, published as Consumer Information Sheets, are available from lumber suppliers. Ask for them where you purchase your lumber. Types of wood treatments More toxic The following types of treated wood are still in use or commonly found in structures undergoing renovation or demolition. They are generally more toxic; use them only when necessary. Chromated copper arsenate (CCA) While residential use of CCA was voluntarily discontinued in 2003, you may still find CCA-treated wood in industrial uses. You may also find treated wood, including CCA, in buildings undergoing renovation or demolition. w-hw4-67 Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN TTY or Available in alternative formats