107.10 Environmental Protection

Sec 107.10 provides information on the contractor’s responsibility to protect the environment.

107.10.1 Permits

It is important to note that adherence to the conditions established in the permit issued by the US Army Corps of Engineers (COE) is critical. These conditions are included in the bid proposal and therefore must be followed during construction. Bridge and roadway construction in a floodplain, wetland, or over a defined waterway will require one or more permits. Know the conditions of the permits.

All applicable permits and certification conditions are included in the construction project proposal. All permits require compliance certification upon completion of construction or maintenance activities. The conditions of the permit must also be followed for maintenance activities.

The permits require a certification, signed by a MoDOT official, stating the project was constructed in accordance with the permit conditions. It is suggested the Resident Engineer or the District Construction and Materials Engineer discuss compliance with these permit conditions with the environmental studies coordinator prior to signing this certification and then submit it to the COE upon project completion.

The permit indicates the streams, wetlands, temporary crossings (including pipes), work pads and other construction requirements necessary to complete the project. This information should also be reflected on the plans and in a job special provision. This provides the contractor with the necessary information to prepare their bid.

During construction of the project, the environmental studies coordinator, Design, should be contacted to ensure adherence to the permit conditions and to assist in the resolution of questions raised by regulatory agencies.

107.10.2 Section 404 Permits

The U.S.Army Corps of Engineers (COE) has jurisdiction over wetlands and waters of the United States.

A Section 404 Permit is required for construction or maintenance activities within jurisdictional waters of the United States or if material is placed or removed in a wetland even if no stream is crossed. A COE permit must be received prior to the commencement of any such activities.

If any doubt exists whether a permit is required for a location or if mitigation for a site is required, the wetlands coordinator of Design Division should be contacted for assistance. Requirements for Section 404 Permits are set by the COE and are changed frequently.

107.10.3 State Operating Permit

The National Pollution Discharge Elimination System (NPDES) provides the legal authority and basis for DNR’s General Storm Water Permit. Since March 2003, all projects with an acre or more disturbed acreage fall within the regulatory umbrella of this permit. A quarterly DNR Erodible Acreage Report listing projects with 1 acre or more disturbed acreage is required. The reported erodible acreage data is updated during the preparation of the estimate for inclusion in the report.

Prohibited acts of the NPDES permit are: to cause pollution of streams, to “put or place” pollutants in the proximity of streams, to exceed general or specific water quality criteria or to exceed the allowed permit limits.

The permit requires inspections to be conducted weekly or within 48 hours of a heavy rain event, which is defined as a half inch over any 24-hour period. An illustration of the inspection record is available.

A copy of the DNR’s General Storm Water Permit and MoDOT’s Storm Water Prevention Plan (SWPPP) and copies of the inspection reports should be kept at the project site.

In the event of an inspection by State or Federal regulatory agencies, a report and summary of discussions should be forwarded to the State Construction and Materials Engineer to assist with any possible violation mitigation.

107.10.4 Contractor Borrow Sites

Prior authorization or waiver is necessary. Clearances for Section 106/Cultural Resources, Hazardous Waste, Storm Water Permit / NPDES (DNR), Endangered Species (Missouri Department of Conservation – MDC), Wetlands (COE), or Farmland Conversion (US Department of Agriculture) must be cleared. Previous environmental clearances will facilitate approval.

107.10.5 Contractor Erosion Control Plan

Sec 806 sets forth the contract requirements for erosion control on active projects. Detailed guidance for those installing and inspecting erosion control measures can be found in EPG 806 Pollution, Erosion and Sediment Control.

107.10.6 Individual Wastewater Lagoon Closures

Wastewater treatment facilities (lagoons) acquired by MoDOT may be under the authority of an operating permit per 10 CSR 20-6.010(5) (discharges to waters of the state) or 10 CSR 20-6.015(2) (no-discharge facilities). In accordance with 10 CSR 20-6.010(12) Closure of Treatment Facilities, "Persons who cease operation or plan to cease operation of waste, wastewater, and sludge handling and treatment facilities shall close the facilities in accordance with a closure plan approved by the department." In accordance with 10 CSR 20-6.015(5)(A)1 Closure of Waste Storage Area, "Facilities which cease operation shall continue to maintain a valid operating permit until all lagoons and waste storage structures are properly closed according to a closure plan approved by the department;"

107.10.7 Restrictions for Distributor Trucks and Tankers Parked on MoDOT Property

Refer to Sec 107.10.4.