127.8 Hazardous and Solid Waste

127.8.1 Introduction

127.8.1.1 Overview

Properties containing hazardous and nonhazardous solid wastes are frequently encountered in new right-of-way acquisitions. Examples of the types of land uses typically associated with hazardous waste sites are available. MoDOT’s goals for addressing hazardous and solid wastes are to: 1) avoid unacceptable cleanup costs and legal liability and 2) comply with federal and state laws and regulations regarding cleanup.

The MoDOT Design environmental specialist will evaluate project corridors for waste sites, provide management and oversight of waste sites acquired, and monitor projects for compliance with applicable laws and regulations. If hazardous waste site investigations are warranted to determine the selection of an alternative, whether costs are excessive to the project, or to estimate quantities to put in a contract, the investigations should be conducted as early as possible although access issues may make early investigations infeasible. The environmental specialist is available to comment on consultant investigations and recommend approval or disapproval.

During roadway construction, it is not uncommon for contractors to encounter unknown hazardous and/or solid wastes not previously identified. Any unknown sites and/or wastes found during project construction will be handled in accordance with federal and state laws and regulations. The MoDOT construction inspector will direct the contractor to cease work at the suspect site and will contact the appropriate environmental specialist to discuss options for remediation. The environmental specialist, the construction office, and the contractor will develop a plan for sampling, remediation if necessary, and continuing project construction. Independent consulting, analytical, and remediation services will be contracted if necessary. MoDOT has the capability to collect samples and analyze for a variety of constituents, including but not limited to volatile organics and heavy metals. The Missouri Department of Natural Resources (MDNR) will be contacted for coordination and approval of required activities as needed. In areas such as excavations, where hazardous atmospheres could reasonably be expected to exist, the contractor is responsible for appropriate worker safety precautions as required by the Occupational Safety and Health Administration (OSHA).

127.8.1.2 Laws and Regulations

• The Resource Conservation and Recovery Act (RCRA) of 1976 gives the U.S. Environmental Protection Agency (EPA) the authority to regulate the disposal of hazardous waste. The EPA has delegated authority for executing most of the requirements of RCRA in Missouri to the MDNR’s Hazardous Waste Program. The Hazardous and Solid Waste Amendment (HSWA) of 1984 mandates corrective action at hazardous waste facilities for all releases of hazardous waste to the environment and includes provisions to regulate underground storage tanks.

The EPA and MDNR web sites, http://www.epa.gov/ and http://www.dnr.mo.gov/env/hwp/laws/rcra.htm, respectively, contain more detailed information on the afore-mentioned federal and state laws.

• The Missouri Hazardous Waste Management Law and the Petroleum Storage Tank Law address the issues of generation, management, and disposal of hazardous waste; cleanup of hazardous waste and hazardous substance releases; management and removal of petroleum storage tanks; and cleanup of leaking petroleum storage tanks.

The MDNR web site, http://www.dnr.mo.gov/env/hwp/lawsregs.htm, contains more detailed information on these Missouri laws.

• The Toxic Substance Control Act (TSCA) of 1976 was enacted to test, regulate, and screen all chemicals produced or imported into the United States. TSCA amendments enacted in July 1979 prohibit the production and distribution of polychlorinated biphenyls (PCBs) and regulate the labeling and disposal of PCBs.

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, commonly know as Superfund, covers abandoned or uncontrolled wastes.

More information on CERCLA can be found on the EPA and MDNR web sites, http://www.epa.gov/ and http://www.dnr.mo.gov/env/hwp/laws/cercla.htm, respectively.

• The State Registry of Abandoned and Uncontrolled Sites of 1983 authorized the establishment of emergency response activities in the state to respond to hazardous substance releases.

• Brownfields and Voluntary Cleanup—The MDNR Hazardous Waste Program's Voluntary Cleanup Section administers Missouri's Voluntary Cleanup Program, established by the state legislature in 1994 to provide state oversight for voluntary cleanups of properties contaminated with hazardous substances.

• Petroleum Underground Storage Tanks (UST)—In 1984, RCRA established a regulatory program for underground storage tanks, RCRA Subtitle I. The Missouri law governing the use of UST systems is found in Chapter 319.100-139 RSMo and includes:
  • Registration and closure requirements
  • Leaking underground storage tanks (LUST)
  • December 1998 Tank Standards
  • Missouri Petroleum Storage Tank Insurance Fund (PSTIF)
  • Risk based cleanup levels for chemicals of concern

• Solid Waste Management Law—The Solid Waste Management Law provides the framework for the management of municipal solid waste, industrial, and special waste.

More information regarding the Hazardous Waste Management Law, UST and Petroleum Storage Tank Insurance Fund Law, Solid Waste Management Law, and associated regulations pertaining to each law can be found through links from the MDNR homepage, http://www.dnr.mo.gov/env/hwp/lawsregs.htm.

127.8.1.3 Process

127.8.1.3.1 District Responsibilities

The district should provide the environmental specialist with the following information at the earliest availability between the initial project screening stage and right-of-way plan stage:

1) Property information regarding legal ownership—including a) address, if known, and name of business or b) type of business and c) landowner permission to access properties—and photographs or other descriptions, as necessary.

2) Other design information, as necessary, to assist in determining the impacts of roadway construction to the contaminated area.

3) Right of way plans for properties with identified hazardous waste sites.

4) Job special provisions (JSPs) pertaining to hazardous and solid waste cleanup for review.

Requesting A Hazardous Waste Survey

During preliminary design, the district can request, at any time, a site(s) screening and/or an on-site investigation for the presence of hazardous/solid waste (i.e., storage tanks). The district should direct the request to the Central Office Design Division environmental specialist with hazardous waste expertise. Based on the environmental specialist’s recommendations, the district should incorporate appropriate tabulated quantities and job special provisions (JSPs), if necessary, into the construction plans. Section 202 of the Standard Specifications stipulates removal requirements, method of measurement, and basis of payment for removal of contaminated materials and storage tanks.

Most underground storage tank sites containing petroleum products are eligible to recover cleanup costs through the Petroleum Storage Tanks Insurance Fund. Tank sites can either be eligible by having an existing tank insurance policy or are eligible based on date of operation and closure. During negotiations, district right of way will have the insurance policy and claim (dependant on whether claim has been previously established) transferred to MoDOT along with possession of the parcel. An application to the insurance administrator must be made to determine the quantities of material eligible for cost reimbursement. The environmental specialist will make this application prior to the contractor's notice to proceed.

5) For hardship and protective purchases, a site assessment for each parcel or statement that the property is entirely residential.

Refer to the box on the right for additional information on requesting a hazardous waste survey or go to requirements for demolition and removal of improvements (e.g., asbestos/painted concrete, block, and brick).

127.8.1.3.2 Environmental Section Responsibilities

The environmental specialist may be involved with hazardous waste issues prior to and after the start of construction; consultants are also available to provide these services. The environmental specialist conducts record reviews for potential hazardous and solid waste concerns for project areas that includes checking one or more of the following sources: Federal Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS); National Response Center Hotline database; MDNR Confirmed Abandoned or Uncontrolled Hazardous Waste Disposal Sites in Missouri; MDNR Missouri Hazardous Waste Treatment, Storage, and Disposal Facilities List; MDNR Solid Waste Facilities List; MDNR Underground Storage Tank (UST) database; EPA’s Envirofacts website; and Missouri Petroleum Storage Tank Insurance Fund database.

Once a review has been conducted, the environmental specialist will identify known hazardous waste sites in and around the project site and notify the district of sites within the project limits and provide input on options for avoidance and/or cleanup. In the event no sites are identified within the project area, the potential to encounter solid and hazardous wastes may still exist. If solid and/or hazardous wastes are found during project construction, the waste will be handled in accordance with federal and state laws and regulations.

127.8.2 Project Development Milestones

127.8.2.1 Initial Screening Stage

At the initial project screening stage, the environmental specialist will evaluate proposed corridors for hazardous and solid waste sites regulated or listed on a variety of databases as appropriate. Site investigations are not recommended at this stage unless the district is confident that impacts are unavoidable or if needed to justify an alternative. However, if enough information is available, the environmental specialist can recommend whether a site should be avoided.

The district requests the initial project screening by submitting an RES to the Design Division. Any findings pertinent to the project will be relayed to the district in the RES response, which will include a summary of potential impacts that the identified site(s), if any, may have on the project or impacts the project may have on the site(s).

127.8.2.2 Location/Conceptual Plan Stage

During the location/conceptual plan stage, including preparation of National Environmental Policy Act (NEPA) documents/location studies, the environmental specialist evaluates proposed corridors for hazardous and solid waste sites regulated or listed on a variety of databases as appropriate. The environmental specialist also provides hazardous waste information for MoDOT-prepared NEPA documents and reviews consultant-prepared NEPA documents. Although site investigations are not recommended at this stage unless the district is confident that impacts are unavoidable or needs to justify an alternative, the environmental specialist can recommend whether a site should be avoided if enough information is available.

The district initiates this process by submitting an RES to the the Design Division or for projects that require an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), the Design Division and the district will determine when to begin this process. Any findings pertinent to the project will be relayed to the district in the RES response as a summary of potential impacts that the identified site(s), if any, may have on the project or impacts the project may have on the site(s).

127.8.2.3 Preliminary Plans Stage

At the preliminary plans stage, the environmental specialist will evaluate the proposed corridor for hazardous and solid waste sites regulated or listed on a variety of databases as appropriate. The district initiates this process by submitting an RES to the Design Division; if preliminary plans are included with the RES, the environmental specialist will be able to evaluate the potential impacts more thoroughly.

The environmental specialist may recommend conducting a site investigation for any impacts identified at this stage. This might comprise a visual site inspection and/or a site investigation that includes sampling to determine whether there is contamination that could impact the project. The environmental specialist can coordinate the investigation of a site either through MoDOT’s Materials Division or with one of MoDOT’s hourly rate consultants.

In some circumstances, the environmental specialist will coordinate with EPA and MDNR to determine potential liability and regulatory requirements. At the preliminary plans stage, the environmental specialist can recommend whether a site should be avoided and, if not, can provide the district with recommendations for cleanup and, if requested, potential cleanup costs.

The most common hazardous waste site MoDOT acquires is an active or abandoned service station. Many of these sites have insurance policies with the Petroleum Storage Tank Insurance Fund (PSTIF) or, if the site meets certain criteria, may be eligible to receive benefits from the PSTIF. The environmental specialist will coordinate with PSTIF to determine eligibility of the site and the potential for MoDOT to be reimbursed if cleanup is required.

127.8.2.4 Right of Way Plan Stage

At the right-of-way plan stage, the environmental specialist evaluates the proposed corridor for hazardous and solid waste sites regulated or listed on a variety of databases as appropriate. The district initiates this by submitting an RES to the Design Division. Since the right-of-way limits are more definite at this stage, the known impacts are more clearly defined. The environmental specialist will coordinate with the district on actions that will be necessary to mitigate an acquired hazardous and/or solid waste site or contaminated media that may be encountered during construction. If a site investigation has not been conducted prior to the right-of-way stage, the environmental specialist may recommend that a site investigation be conducted to determine the extent of contamination so that quantities can be estimated.

If a site to be acquired is an active or abandoned service station and cleanup is required, the environmental specialist will coordinate with PSTIF on the site’s eligibility to receive PSTIF benefits, unless this was already addressed during the preliminary plan stage. Sites that participate in PSTIF will have a policy that insures the owner (for cost of contamination and third party damages only) in the event a release occurs at the site. At the time of such a release, a claim is established for reimbursement and remains active as long as remediation is necessary.

In the past, MoDOT was able to have the policy and claim transferred to MoDOT upon the change in ownership. However, because of recent changes in the PSTIF regulations, an active policy held by the owner can no longer be transferred to the purchaser of the property; only the claim, if established, can be transferred. Therefore, if a claim has not already been established on a parcel to be acquired by MoDOT, a site investigation should be conducted prior to transfer of ownership. Failure to establish a claim prior to property transfer will result in MoDOT not receiving reimbursement on any cleanup of the property. If a claim has already been established, the appropriate paperwork should be submitted to PSTIF to transfer the claim to MoDOT when MoDOT Right of Way acquires the parcel. The environmental specialist will work with the project manager and Right of Way to transfer the claim.

127.8.2.5 Final Design Stage

At the final plans stage, the environmental specialist will evaluate the proposed corridor for hazardous and solid waste sites regulated or listed on a variety of databases as appropriate. The district initiates this by submitting an RES to the Design Division. The environmental specialist coordinates with the district on the actions that will be necessary to mitigate an acquired hazardous waste site or contaminated media that may be encountered during construction. At this stage, a site investigation should have been conducted unless specific project circumstances eliminate the need for such investigation (for example, sufficient historical information is available to determine what actions are needed and to estimate quantities).

The environmental specialist will coordinate with the district on any standard specifications, JSPs, and bid items needed for the project to be included in the contract. Most projects are covered in Standard Specifications Section 202, Removal of Roadways and Buildings; more specifically in Section 202.50, Removal of Contaminated Material and Storage Tanks. The project manager is responsible for ensuring that JSPs and bid items are included in contracts.

127.8.2.6 Letting

Prior to the project being let and dependent upon the type of hazardous or solid waste site acquired, the following items (this is not an all-inclusive list) will need to be completed:

• Before USTs are removed, the environmental specialist will need to submit a registration and closure notice. Aboveground Storage Tank sites do not require registration and closure notices.
• The environmental specialist will work with project manager and/or Right of Way to confirm that the PSTIF claim, if applicable, has been transferred following property transfer.
• The environmental specialist will submit UST closure project estimate to insurance fund, if information is available. Contractor costs cannot be submitted until the contract is awarded.
• The environmental specialist will coordinate with MDNR or other agencies on any additional requirements or notifications required.

127.8.2.7 Post-Letting Activities

At this stage, coordination between the environmental specialist and the district is critical to ensure that sites are properly managed and that the work is completed. For sites that involve UST removals, MoDOT’s environmental specialist or consultant is responsible for overseeing tank closure, proper disposal of wastes, collecting samples to document closure, submitting the closure report to MDNR and submitting summary hazardous waste reports for taxation. Standard Specification Section 202.50 outlines in detail the responsibilities of the contractor and MoDOT on UST closures. Districts can refer to this section for further details. All other, non-UST related sites will be addressed on a site-by-site basis.

The environmental specialist will be responsible for any necessary follow-up with MDNR. For UST sites with PSTIF involvement, the environmental specialist will coordinate with PSTIF on any reimbursement of cleanup costs.