Division 2 Supplemental Information
This section of the manual is not intended to be an all-inclusive environmental guidance document, but addresses those environmental issues that are commonly associated with construction earthwork projects. There is no comparable section of the standard specifications at this time.
REMOVAL OF UNDERGROUND STORAGE TANKS
MDOT has the responsibility to remove any underground storage tanks (USTs) found within the ROW, even if not in direct conflict with the proposed construction. This requirement also applies to local agencies (for local agency-owned ROW). This requirement applies regardless of how the ROW is owned, i.e., fee, statutory, etc. MDOT's responsibilities/costs are limited to the removal of the tank and preventing the spreading of contamination by construction activities. Any tank encountered within the ROW must be removed. Failure to remove the tanks when identified could place liability on MDOT, as well as the individuals responsible for not taking the appropriate action.
There are both Upper Peninsula and Lower Peninsula contracts in place for the removal of USTs. These contracts are to be used for the removal of USTs found on all active state trunk line construction projects where there is no existing contract item for the removal of underground storage tanks. Active local agency/state aid construction contracts are eligible to use the two UST contracts in place. Tank removal costs will be charged against the construction project. The two UST removal contracts have a requirement that the removal of the UST must take place within seven working days after notification by the Construction and Technology Support Area, Environmental Compliance Group.
When an underground fuel storage tank is located under the conditions described above, the following procedures are to be followed:
- UST Notifications and Removal
- The Engineer assigned to the state trunk line project, or the local agency Engineer, will notify the Construction and Technology Environmental Compliance Group by telephone at 517-322-1205 or Fax at 517-322-5664. Other backup numbers to call are 517-322-1647 and 517-322-5885. Notification must include the following information:
- Verification that the tank is located within MDOT or local agency ROW.
- The address of and nearest intersection to the tank location.
- The size of the tank and tank dimensions, if known.
- The type of tank (e.g., steel, fiberglass).
- The contents of the tank, if known (e.g., gasoline, diesel fuel, water).
- Confirmation that the utilities have been located through the MISS DIG SYSTEM.
- The project number and appropriate coding associated with the active construction project for preparation of the payment voucher.
- A map or sketch of tank location. This should be faxed to the Construction and Technology Environmental Compliance Group.
- The Construction and Technology Environmental Compliance Group then performs the following operations:===
- Notifies MDEQ and provides MDEQ with a 30-day notice waiver request.
- Notifies the UST removal Contractor (Upper Peninsula or Lower Peninsula contract) of the tank's existence and faxes them the map or sketch provided by the Engineer.
- Registers the UST.
- Provides resource personnel on site.
- Samples the soil under the tank after its removal.
- Determines whether additional contaminated material is to be removed from below the tank, 100 cubic yards (75 cubic meters).
- Provides waste site identification number (MIK number).
- The Construction and Technology Environmental Compliance Group will receive the original invoices and pay the invoices by way of payment voucher(s). A copy of which will be sent to the Engineer for their files. A review is first required of the original invoices for the work by the Engineer, their approval stamp on the original invoices, and their mailing of the original invoices to:
- Environmental Compliance Group
- Construction and Technology Support Area, MDOT
- P. O. Box 30049
- Lansing, Michigan 48909
- The UST removal Contractor's responsibilities include the following:
- Sample tank contents within three working days after being notified by the Construction and Technology Environmental Compliance Group.
- Start tank removal within seven working days after being notified by the Construction and Technology Environmental Compliance Group.
- Provide original invoices and all other appropriate documentation to the Engineer for review, approval and submission to the Construction and Technology Environmental Compliance Group for payment.
HAZARDOUS WASTE SITE IDENTIFICATION NUMBERS (MIK NUMBERS)
In the past, when waste site identification numbers, formerly MIK numbers, were needed, they were obtained from the Environmental Protection Agency. MDEQ now is responsible for issuing MIK numbers. The Engineer or Region resource specialist used to be responsible for obtaining MIK numbers when required. Now, any Design Unit that has a project needing a MIK number for construction is responsible for obtaining the number during the design phase. The MIK number, if obtained by the project's designer, is to be placed on the note sheet for road projects or on the general plan of structure sheet for bridge projects. MIK numbers are issued for both hazardous and non-hazardous waste sites.
The Engineer or Region resource specialist is still responsible for obtaining the MIK numbers for projects that reach the construction phase without the necessary waste site identification numbers. MIK numbers are to be applied for by submitting Michigan Notification Form EQP5150, Notification of Regulated Waste Activity, and related correspondence to:
- Attention: Notification Program Coordinators
- Michigan Department of Environmental Quality
- Waste Management Division
- P. O. Box 30241
- Lansing, Michigan 48909-7741
If a copy of the Notification Form and instructions for its completion are needed, or further information is required than what can be obtained through the region resource specialists, the phone and FAX numbers of the appropriate parties to contact at MDEQ are:
Phone: 517-335-5035 and 517-335-5139
DISCOVERY OF BONES, ARCHAEOLOGICAL AND HISTORICAL FINDINGS
Subsection 107.09 of the Standard Specifications for Construction briefly discusses what should take place if what appear to be bones, artifacts or buried foundations of potentially historical or archaeological significance are encountered during construction. The following are the procedures to be followed if these same types of findings are made on a project.
MDOT’s archaeologist, Project Planning Division, is solely responsible for administration of MDOT cultural resources preservation requirements, in accordance with applicable federal, state and local laws, regulations and rules, including the National Environmental Protection Act (NEPA) and the National Historic Preservation Act (NHPA). The Engineer will ensure that the Contractor(s) immediately cease operations and contact MDOT’s archaeologist for direction when cultural resources, such as bones, artifacts and/or buried foundations, are encountered during operations.
In the event that during operations on MDOT projects, MDOT construction personnel/Contractor personnel encounter bones, artifacts or buried foundations of potential historical or archaeological significance, they will immediately cease operations in that location and notify MDOT’s Engineer. MDOT’s Engineer will, immediately upon stopping work in the affected area, contact MDOT’s archaeologist for consultation and direction.
MDOT’s Engineer will investigate the site and will, only after consulting with MDOT’s archaeologist, direct MDOT’s personnel/Contractor personnel to either resume operations or to continue the suspension of operations as specified herein and provided under the authority of subsection 107.09 of the Standard Specifications for Construction.
Upon notification by MDOT’s Engineer, MDOT’s archaeologist will provide such direction to MDOT’s Engineer as necessary to maintain compliance with applicable laws, regulations and rules including, but not limited to, the following:
- Contacting the appropriate law enforcement/medical agency in the case of human remains discovery in compliance with Section 2853 of the Public Health Code, MCL 333.2853; MSA 14.15 (2853); 1982 AACS, R 325.8051.
- NOTE: In the event MDOT’s Engineer suspects the discovery to be human remains, MDOT’s Engineer will immediately contact local law enforcement officials along with MDOT’s archaeologist.
- Arranging a site visit by MDOT’s archaeologist, state archaeologist, or others as necessary for prompt and appropriate assessment, determination and action.
- Providing clearance for MDOT’s Engineer to resume operations.
- Any other directions as deemed prudent and necessary by MDOT’s archaeologist.
MDOT’s archaeologist will immediately consult with the state archaeologist to determine the appropriate course of action and notify MDOT’s Engineer of the determination.
MDOT’s archaeologist is responsible for all necessary coordination and performance of the cultural resource work required by MDOT, including obtaining disinterment/reinterment court orders/permits for human remains if necessary, to obtain clearances and resume operations.
The order to resume operations for the affected work will be issued by MDOT’s Engineer only after a clearance is received from the MDOT archaeologist
As mentioned in Section 205 of this manual, under Borrow/Use of Excess Property, the Contractor is not allowed to use state-owned excess property or other state-owned property outside of the grading limits, and either inside or outside of the ROW, for any purpose without the authorization of the Engineer. One commonly requested purpose on construction projects is for the use of the property as a Contractor's yard. Item 12 in the Borrow/Use of Excess Property Section of this manual emphasizes the need for an end date for the use of the property by the Contractor if authorized.
Often associated with a Contractor's yard is an on site fueling location. If the Contractor is requesting the use of MDOT property for a Contractor's yard, the following items are required and should be included in the language of the authorization:
The Contractor should submit a site plan indicating where on the site they would intend to locate their on site fueling. This location should not be near a county drain or other waterway.
Because of the possibility of leaks or seepage from the fuel tank and for vandalism such as shooting the tank or opening the valve, any fuel tank used must be protected with containment as follows. The storage or use area surrounding the tank should be diked or curbed and contain a volumetric capacity not less than the greatest amount of liquid that can be released from the tank, assuming a full tank. The storage or use area should be constructed so that no liquid can escape into any sewer system or to the surface or groundwaters. The use of clay or visqueen is recommended underneath for containment. If visqueen is used, it should have a minimum thickness of 6 mil (0.15 mm).
Other provisions from the special provision for Storage Areas, Disposal Areas and Borrow Areas may apply. It should be reviewed and applicable portions of it should be included in the authorization.
Because just general "housekeeping" of the Contractor's yard is important, if an MDOT-owned location is requested for use as a yard, the Contractor should supply the site with a dumpster for trash disposal at no cost to MDOT.
Dust control is very important, especially during the earthwork phase of construction. Adequate dust control measures will be maintained by the Contractor so as not to cause detriment to the safety, health, welfare or comfort of any person, or cause damage to any property, residence or business. If not shown as a pay item, dust control will be at the Contractor's expense.