1. Administering Highway Construction Contracts Environmental Concerns

2. Know What is in the CONTRACT and the PLANS

3. MDT Standard Specifications Contractor’s Responsibilities to the public:Contractor’s Responsibilities to the public: –107.01, 107.02, 107.11.1, 107.11.2 Contractor’s duties:Contractor’s duties: –108.03 Water pollution control:Water pollution control: –208.01, 208.03.1, 208.03.2 Stream Protection 208.03.4 These are just examples.

4. Standard specs cont’d… Most relate to waterMost relate to water The Specs may be rewritten on occasion and probably won’t change the contractor’s responsibilities, but be aware that these can change from time to time.The Specs may be rewritten on occasion and probably won’t change the contractor’s responsibilities, but be aware that these can change from time to time.

5. INDEMNITY PROVISIONS –Indemnity (exculpatory) provisions do exist (107.01)– but- (1) Don’t mean much to the regulatory agencies, and (2) Have not been tested in Court.

6. KNOW THE PERMITS Environmental compliance doesn’t end with the acquisition of the permits. That’s where it begins.Environmental compliance doesn’t end with the acquisition of the permits. That’s where it begins. –(1) Read the permits and ask questions –(2) Have the permits posted on site – This is a legal requirement. –(3) Bring the permits to the attention of the contractor and distribute a copy. At Preconstruction if possible. –(4) Document compliance or lack thereof.

7. IF YOU ARE ASKED, ARE THE PERMITS IN PLACE? Just say:Just say: (1) Read the contract – “You tell me”(1) Read the contract – “You tell me” (2) Contact the Environmental Section in Helena(2) Contact the Environmental Section in Helena (3) Suggest they contact the regulatory agencies – Local, state, federal or tribal(3) Suggest they contact the regulatory agencies – Local, state, federal or tribal (4) Explain permanent structures vs. temporary structures(4) Explain permanent structures vs. temporary structures

8. ARE THE PERMITS IN PLACE ? (Continued) (5) Document what you are asked and your response.(5) Document what you are asked and your response. (6) Keep your eyes open – We can not cover up or ignore. Take photographs(6) Keep your eyes open – We can not cover up or ignore. Take photographs (7) Environmental compliance is part of the contract, and part of our job(7) Environmental compliance is part of the contract, and part of our job (8) Criminal penalties are possible.(8) Criminal penalties are possible.

9. EXAMPLES (1) Rosebud Creek – Northern Cheyenne Reservation(1) Rosebud Creek – Northern Cheyenne Reservation »(a) Original fine $275,000 – All state money »(b) 402 and 404

10. EXAMPLES CONTINUED (2) Ringling North and South –(a) $67,767 – State Money –(b) State Water Quality Act –(c) 74 photos

11. 3) Disposal of road kill - 70 deer carcasses illegally disposed…

14. Examples Continued (4) Sage Creek

15. Message from Director “MDT projects are in the middle of the highway,right in the view of anyone who drives our roads. In addition, we have seen numerous environmental permit violations on our projects. It is no wonder, then, that our projects attract attention.”

16. PLENTYWOOD - WEST $70,000 fine from EPA. All state money. No federal match.$70,000 fine from EPA. All state money. No federal match. Criminal Charges were filed against MDT Employees. Several others had to hire private attorneys.Criminal Charges were filed against MDT Employees. Several others had to hire private attorneys.

17. Director’s message…cont’d “MDT’s goal is zero permit violations, and that goal cannot be realized until every employee pays attention to how we conduct business on the project site.” (Emphasis added)“MDT’s goal is zero permit violations, and that goal cannot be realized until every employee pays attention to how we conduct business on the project site.” (Emphasis added)

18. Jordan East Contractor drove through the drainageContractor drove through the drainage

19. Jordan East Permits were in placePermits were in place

20. Jordan East But contractor drove throughBut contractor drove through

21. Jordan East The drainage and damaged itThe drainage and damaged it

22. Jordan East

23. Last Picture of Jordan This last picture shows a wetland that was constructed as part of the project. The BMPs blew out and loaded the new wetland with sediment. It has been reclaimed in this picture.This last picture shows a wetland that was constructed as part of the project. The BMPs blew out and loaded the new wetland with sediment. It has been reclaimed in this picture.

24. Jordan East MDT reported the violation to DEQ and FWP. Contractor was required to come up with a reclamation plan.MDT reported the violation to DEQ and FWP. Contractor was required to come up with a reclamation plan. Lession – Avoid the situation by knowing what is required, but if there is a problem report it or otherwise seek help.Lession – Avoid the situation by knowing what is required, but if there is a problem report it or otherwise seek help.

25. Ringling N & S Contractor built subgrade w/out putting in pipes. This resulted in ponding and the water eventually broke through.Contractor built subgrade w/out putting in pipes. This resulted in ponding and the water eventually broke through. The lesson – Again, MDT reported the problem. It was cleaned up, and no violation was issued.The lesson – Again, MDT reported the problem. It was cleaned up, and no violation was issued.

26. Ringling N&S

27. Ponded water broke throughPonded water broke through