Purpose. Contaminated Materials. Contaminated Materials Management Team (CMMT) Contacts

Transcription

1 Cntaminated Materials Cntaminated Materials Management Team (CMMT) Cntacts Michelle Waters Districts 2, 4, Metr West (651) Carlyn Bben - Districts 1, 3, Metr Nrth & East (651) carlyn.bben@state.mn.us Sarah Jarman Districts 6, 7, 8, Metr Suth (651) sarah.jarman@state.mn.us Jeff Neisse Transit Prjects (651) jeffrey.neisse@state.mn.us Alyssa Bck Statewide Supprt n Facility Prjects (651) alyssa.bck@state.mn.us Office f Envirnmental Stewardship Envirnmental Investigatin Unit Cntaminated Materials Management Team (CMMT) 395 Jhn Ireland Bulevard, MS 620 St. Paul, Minnesta Purpse T ensure early identificatin and dcumentatin f knwn r suspected cntaminatin (including cntaminated sil, grundwater, sil vapr and buried slid waste, etc.) in existing and prpsed right f way and adjacent prperties. Guidance fr managing regulated materials (such as PCB-and mercury-cntaining materials, treated wd, slvents, asbests, and hazardus wastes, etc.) n right f way is lcated in the HPDP Regulated Materials/Waste Sectin ( Early identificatin f cntaminated prperties allws MnDOT time t determine if the cntaminatin presents a limited liability and cst risk (the prperty can be acquired and the prject can mve frward), r an unacceptable liability and cst risk (the prject must be halted and redesigned t avid the prperty). Early identificatin allws time t develp strategic design changes that prtect MnDOT s lng term liability. Because f the legal cmplexity and Page 1 f 8

2 ptentially high csts assciated with acquiring any wnership interest and undertaking cnstructin in a cntaminated prperty, it is advisable t reduce t the extent pssible the disturbance f such prperties. Early identificatin f cntaminated prperties als allws time t determine the extent and magnitude f the cntaminated materials s that liability prtectin (if available) and permits/apprvals (if applicable) can be btained, and language (Special Prvisins) can be included in the prject cnstructin cntract fr prper management f the materials. Early identificatin f cntaminated prperties is essential fr prtectin f cnstructin wrkers, and fr preventing cnstructin delays and increased csts resulting frm the discvery f unexpected cntaminated materials during a prject. Threshld Criteria A prject with any f the fllwing fur threshld criteria may require a detailed Phase I and pssibly a Phase II Envirnmental Site Assessment (ESA) (described belw) t investigate fr the pssible presence f cntaminated materials: 1. Prject includes acquisitin f new right f way, temprary r permanent easement, and/r Cmmissiner s r temprary rders, fr prperty that will becme part f the state trunk highway system. An wner f a prperty that is the surce f cntaminant releases (such as petrleum, slvents, metals, plynuclear armatics, slid r hazardus waste) can be named the Respnsible Party fr the site, and held liable fr cleanup by State and Federal law, even if the wner didn t cause the cntaminatin. Under certain cnditins, MnDOT is prtected by State law frm being held liable fr cleanup up f a petrleum release frm an undergrund tank (Minn. Stat. ch. 115C.021 subd. 3a) n acquired right f way, but has n ther prtectin unless it applies fr, and is granted, limited liability prtectin under Minnesta s Envirnmental Respnse and Liability Act (Minn. Stat. 115B) Vluntary Investigatin and Cleanup (VIC) prgram fr nn-petrleum cntaminated sites. These liability prtectins are limited, s even when they apply, becming legally designated as the Respnsible Party fr a cntaminated prperty thrugh acquisitin is always a risk because f the cmplicated regulatry prcess and the cst t btain and t maintain liability prtectin in perpetuity. This is even mre difficult t manage when the prperty is being substantially altered by develpment/cnstructin as is the case fr mst right f way acquired by MnDOT. The cst f partial cleanup during cnstructin can be high even fr a nn-respnsible Party. Anther cmplexity is that the wner/respnsible Party can be required t clean up nt just the prperty where cntaminatin riginated, but ther surrunding impacted prperties as well. In anther cmplex twist, acquisitin f prperty adjacent t a knwn r ptential Superfund site is a risk because inadvertent disturbance and incrrect management f cntaminatin riginating frm such a site can place yu at risk f being legally designated as a Respnsible Party fr the site, even thugh yu have n wnership interest. Page 2 f 8

3 2. Prject includes grading and/r excavatin either at a large scale, (such as fr new radway), r at a smaller scale, (such as fr utility wrk, building ftings, culvert replacement, pnds, turn lanes and ditch/shulder wrk). MnDOT has encuntered cntaminated sil and grundwater during bth large- and small-scale prject excavatins. Any size excavatin may encunter cntaminated sil. Fr example, abandned undergrund tanks have been encuntered during sidewalk replacement. Slid waste and demlitin debris has been encuntered during excavatin f new strm water pnds. Cntaminated grundwater has been encuntered during signalizatin prjects. Utility wrk is especially vulnerable t encuntering cntaminatin because utilities are mre likely t be lcated in urban areas with a greater cncentratin f cntaminated sites, and cntaminants migrating thrugh right f way frm ff-site surces (such as leaking undergrund tanks) can preferentially cllect in mre permeable utility trench backfill. 3. Prject is lcated in a cmmercial/industrial area. Because histric land uses in cmmercial/industrial areas are mre likely t have invlved the use f ptentially hazardus liquid and slid raw materials, actins such as n-site burial/dispsal f waste materials, and peridic demlitin and recnstructin f infrastructure, chances are greater fr encuntering cntaminated sil r grundwater and buried wastes in these areas. 4. Prject requires wrk in areas with shallw grundwater, and may require either temprary r permanent grundwater dewatering. Because grundwater can pick up disslved chemicals frm cntaminated sites and carry them a lng distance, all shallw grundwater (particularly in develped areas) has the ptential t be cntaminated. Early identificatin f cntaminated grundwater allws time t develp a dewatering/management plan and t btain necessary discharge permits fr prper handling f the cntaminated grundwater during cnstructin. Cntacting the Cntaminated Materials Management Team Finding and dcumenting cntaminated prperties is a detailed prcess, and the cmplexity increases depending n hw many Threshld Criteria are met by the prject, and hw large the prject is. The Cntaminated Materials Management Team (CMMT) shuld be cntacted by the prject manager apprximately mnths prir t prject letting. Early Ntificatin Mem (ENM) and Envirnmental Due Diligence (EDD) Prcesses All prjects that include any f the Threshld Criteria require CMMT review and assistance in cmpleting thrugh early identificatin and dcumentatin f knwn r suspected cntaminatin. All prjects that include the additin f new prperty int the state trunk highway system als require an EDD review. The CMMT EDD prcess is designed t prvide MnDOT with infrmed right f way acquisitin decisins. MnDOT will nt apprve prperty acquisitins until the EDD prcess has been cmpleted. Technical Memrandum ENV-02, Page 3 f 8

4 Prperty Acquisitin: Envirnmental Due Diligence Prcess describes the EDD prcess ( The Early Ntificatin Memrandum (ENM) prcess and the EDD prcess wrk in parallel. The ENM is cmpleted by District staff (typically the prject manager r District envirnmental crdinatr) and submitted t the CMMT. The EDD frms are cmpleted by District staff and submitted (entered) int the MnDOT REALMS Database ( There are three EDD frms: EDD-1: prject prpser prvides general prject area infrmatin. EDD-2: prject prpser prvides specific parcel infrmatin as sn as it is knwn. EDD-3: prject prpser prvides this frm nly fr parcels with cntaminatin issues that present a high envirnmental risk t the department (e.g. Superfund and majr Brwnfield sites, all dump sites, cal gasificatin sites, wd treatment sites, sites with nging regulatry bligatins, engineering cntrls, r institutinal cntrls r equivalent, r histric sites clsed when regulatry standards were nn-existent, r less stringent than current standards). EDD-3 requires MnDOT deputy cmmissiner signature. In rder t expedite cmpletin f a CMMT ENM review, the district shuld prvide the fllwing: Gd prject scpe f wrk (need as sn as scping dcument is cmplete). Likely prject excavatin needs and preliminary lcatins (such as grade crrectins, utilities, drainage (als includes pnds). Right f way needs (if right f way is t be acquired, the EDD-1 dcument must als be cmpleted). Histry in Prject Area (based n District knwledge) such as land use in the prject area, likelihd f envirnmentally unacceptable histric fill, presence f knwn cntaminated sites (dumps, superfund sites, spills, service statins). In rder t expedite cmpletin f a CMMT EDD review, the district shuld prvide the fllwing: EDD-1 Prject endpints. Lcatin map (entered in REALMS). Histry in Prject Area (based n District knwledge) such as land use in the prject area, likelihd f envirnmentally unacceptable histric fill, presence f knwn cntaminated sites (dumps, superfund sites, spills, service statin). EDD-2 Type f acquisitin(s) fee, TO, CO, etc. Lcatin map f acquisitin(s), including identificatin f partial acquisitins (entered in REALMS and indicated as TO, CO etc.). Page 4 f 8

5 EDD-3 Identify pririty f acquisitins and the timing f ffers (such as any early acquisitins, r acquisitins timed t cincide with determinatin f preliminary r final cnstructin limits). Identify any envirnmental cvenant(s) placed n prperties (based n title searches). CMMT clears parcels as infrmatin is available (typically nt recmmended t wait t clear all parcels late in the prcess). High risk parcel has been identified (estimated greater than $500,000 cleanup cst, etc.). Start wrking n EDD-3 as sn as pssible after a high risk parcel has been identified, because design mdificatins, cst estimates, justificatins, dedicated funding, signatures, etc. can affect the prject schedule and letting. Evaluatin Prcess After review f the ENM and/r the EDD dcument, CMMT staff in cnsultatin with the Prject Manager will determine the need fr further investigatin. Phase I Envirnmental Site Assessment (ESA) If a prject is determined t have a ptential fr encuntering cntaminated materials, a Phase I Envirnmental Site Assessment (ESA) may be required. A Phase I ESA includes detailed review f histric land use recrds, regulatry histry, and current land use. The purpse f the review is t determine if histric human activities n r near the prperty culd have caused the prperty t be cntaminated. Depending n the cmplexity f the prject, a Phase I ESA can take frm fur t eight mnths t cmplete. A Phase I ESA is cnsidered by the MPCA t be bslete and unacceptable ne year after the date it is cmpleted. The MPCA requires cmpletin f a Phase I ESA in rder t be eligible fr liability prtectin thrugh the VIC prgram. CMMT staff will retain a cnsultant t cmplete a Phase I ESA (funded frm the district cnsultant budget). CMMT staff will summarize results f the Phase I ESA as requested by the district, and will assist in drafting/reviewing the "Cntaminated Prperties" sectin f the prject envirnmental dcument as needed. In rder t expedite cmpletin f a Phase I ESA, the district shuld prvide the fllwing: Cntact infrmatin fr prject manager, area manager, design, cnstructin, right f way, hydraulics, and materials. Prject limits. Acquisitin needs. Histry in Prject Area (based n District knwledge) such as land use in the prject area, likelihd f envirnmentally unacceptable histric fill, presence f knwn cntaminated sites (dumps, superfund sites, spills, service statins). Prject changes and milestne dates (plan updates, right f way changes, scping changes and letting date changes). Phase II Envirnmental Site Assessment (ESA) Page 5 f 8

6 If the Phase I ESA finds knwn r suspected cntaminatin in r near prpsed r existing right f way, a Phase II Investigatin will likely be required. A Phase II ESA includes cllectin (usually by drilling r test pits) and labratry analysis f sil, grundwater, vapr and/r waste samples fr the presence f regulated chemicals. Depending n the cmplexity f the prject, a Phase II ESA can take frm three t six mnths t cmplete. A Phase II ESA is cnsidered by the MPCA t be bslete and unacceptable tw years after the date it is cmpleted. The MPCA requires cmpletin f a Phase II ESA in rder t be eligible fr liability prtectin thrugh the VIC prgram. The purpse f the investigatin is t dcument the extent and magnitude f cntaminatin. This infrmatin can be used t determine the liability assciated with acquisitin f the prperty, and the difficulties the site may present fr cnstructin. CMMT staff will retain a cnsultant t cmplete a Phase II ESA (funded frm the district cnsultant budget). CMMT staff will summarize the results f Phase II Investigatin as requested by the district, and will assist in btaining liability prtectins, develping cleanup plans, and drafting/reviewing cnstructin cntract prvisins as needed. In rder t expedite cmpletin f a Phase II ESA, the district shuld prvide the fllwing: Right f entries t access prpsed right f way as needed. Lcatin f excavatin areas n the prject including estimated depths. Type f excavatins (such as pnd, utility, culvert, sub-surface drains, ditches, sub-cut). Likely excavatin methd. Many prjects will have little ptential fr impacts, althugh they can trigger ne r mre f the threshld criteria. Fr these prjects, a quick evaluatin by the CMMT may establish that the cntaminatin ptential is lw (e.g. sites with recrded chemical use/strage, including petrleum prducts, but n reprted releases). MnDOT Standard Prvisin (1717) Air, Land and Water Pllutin, prvides fr management f unexpected cntaminated materials discvered during cnstructin. Prepared Statements fr Envirnmental Dcuments Prjects with little ptential fr impacts as determined by the CMMT, can use the fllwing statement in the Cntaminated Prperties sectin f the envirnmental dcument: Ptential fr impacts t the prject frm cntaminated prperties has been cnsidered, but because f the prject lcatin and nature f the planned wrk, there is little ptential fr encuntering cntaminated materials. Any ptentially cntaminated materials encuntered during cnstructin will be handled and treated in accrdance with applicable state and federal regulatins." Prjects with ptential fr impacts as determined by the CMMT, will need a prject-specific statement summarizing the results f the EDD/ ENM review, and/r the Phase I/Phase II ESA, whichever are applicable, fr inclusin in the prject envirnmental dcument. CMMT staff will assist the District in drafting the statement as needed. Page 6 f 8

7 Relatinship t the HPDP Class I Actins (Envirnmental Impact Statement) Scping Dcuments (SD) & Scping Decisin Dcument (SDD) Evaluate the prject using the Threshld Criteria. If the CMMT determines there are pssible impacts frm knwn r ptentially cntaminated prperties that culd substantially affect the prject, it is advisable t initiate a Phase I ESA t identify ptential high risk cntaminated prperties. Envirnmental Impact Statement (DEIS/FEIS) If the scping prcess has identified the presence f ptential high risk cntaminated prperties that culd substantially affect the prject (by eliminating certain alternatives frm being cnsidered, adding new alternatives, r substantially affecting design), it is advisable t initiate a Phase II ESA early enugh in the prcess s the results can be included in the Draft and Final EIS. The CMMT can prvide/review a prject-specific statement fr the dcument as requested by the District. Class II Actins (Categrical Exclusin Determinatin / CATEX (Shrt and lng frms) Evaluate the prject using the Threshld Criteria. If the CMMT determines that there is little ptential fr pssible impacts frm knwn r ptentially cntaminated prperties that culd substantially affect the prject, the abve "Prepared Statement" can be used in the dcument. If there is a ptential fr cntaminatin prblems fr the prject, the CMMT can prvide/review a prject-specific statement fr the dcument as requested by the District. Class III Actins (Envirnmental Assessment) Cmplete as in Class II abve. Agencies Invlved Agency(s) When they are invlved and why Determines all state cntaminated materials Minnesta Pllutin Cntrl Agency (MPCA) investigatin, management, and cleanup standards and versees all state and mst federal cleanup prjects. Issues all permits and apprvals fr cntaminatin-related prjects (except fr thse under the jurisdictin f the Minnesta Department f Agriculture). Can grant limited liability prtectin fr acquisitin f and wrk in sme types f cntaminated prperties. Page 7 f 8

8 Minnesta Department f Health (MDH) Metrplitan Cuncil Envirnmental Services (MCES) Minnesta Department f Agriculture (MDA) Regulates and permits well installatin and sealing, including mnitring wells. Regulates asbests abatement. (see HPDP Regulated Materials/Waste Sectin ( cid=614362). Issues permits fr discharge f cntaminated water t the sanitary sewer in the Minneaplis/St. Paul metrplitan area. Oversees all state and mst federal cleanup prjects invlving pesticide and fertilizer cntaminatin (all ther types f cntaminated sites are under the jurisdictin f the Minnesta Pllutin Cntrl Agency). Issues all permits and apprvals related t this wrk. Can grant limited liability prtectin fr acquisitin f and wrk in sme types f cntaminated prperties. Page 8 f 8