If there’s a time and place for everything, then ODOT’s Hans Gucker and Adrienne Earley believe the right time for environmental compliance is at the get-go of the construction project.
“… Don’t think of the environmental commitments as an afterthought responsibility,” said Gucker. “That’s when (environmental compliance) becomes very difficult; when we don’t think about it until after we’ve already started moving dirt and we’ve already started clearing trees and we’ve already started crossing waterways.”
Having played a role in a combined 34 years of ODOT construction programs, Gucker, ODOT’s Construction Hydraulic Engineer, and Earley, ODOT’s Waterways Permits Program Manager, have seen, in the rush to begin and complete projects, environmental compliance go awry and result in bigger issues later.
“It’s no surprise to me that environmental regulations are not a favorite topic for contractors,” said Earley, who added that in the mindset of “trying to get our projects delivered” compliance could get relegated down the to-do list.
OCA Director of Public Agencies Chris Engle, who spent nearly 23 years at ODOT prior to joining the association’s staff, details the contractor’s dilemma. “The thing with soil and erosion control (which Gucker lists as one of ODOT’s top compliance concerns) is that it is not really helping get the project built,” Engle said. “It’s taking your attention away from getting that bridge built; or that road open; or getting the slopes built up; or getting subs coordinated. It can get away from you …”
However, issues in erosion and sediment control are not being overlooked when it comes to the increasingly more watchful eyes of the public. “It’s very visual. Everybody can see it driving down the roadway,” Gucker said. “Effective erosion and sediment control is a common requirement within all water resource-related project permits. So, failure to implement erosion and sediment control best practices can rapidly trigger involvement from multiple state and federal regulatory agencies.”
ODOT provides a reminder for not only its own district personnel but also contractors for vigilance when it comes to environmental compliance. “ODOT wants to focus on the emphasizing of the importance of communications with the contractors – even in our ability to how we communicate through our contract documents and our expectations; and then how contractors communicate to the people who are planning and performing the work to ensure compliance is being done as they build the project. Those are the sticking points,” said Gucker, who adds, “Those are the things that cause the difficult conversations between ODOT and the contractors – and our regulatory agencies.”
When it comes to environmental compliance, Engle agrees that communication is vital for contractors at the outset and throughout the project. “ODOT wants to have a good plan in-place before the project even starts,” he said of the Stormwater Pollution Prevention Plan (SWPPP). “And then there are requirements to get out and do inspections and modify the plan … The corrections need to be communicated to the superintendent to get out there and get the new things installed or maintain the ones that become damaged during a storm.
“…If you have a bad rainstorm, the contractor needs to make sure the soil and erosion control items are maintained,” Engle added. “You, or a subcontractor you hired, needs to get in there and do an inspection and assess whether or not the erosion control measures are effective – or if they need fixed. Those are all requirements and specifications that need to happen.”
While the Ohio EPA and Army Corps of Engineers have not made significant changes to environmental regulations for several years, what has increased is the public’s vigilance. “Everybody has a computer attached to them and can take pictures and easily reach out to a regulatory agent or a person at the ODOT district,” Gucker said. “… We have seen more uptick of notices from the public on projects, specifically asking what the contractor is doing.”
Earley is quick to remind, though, that while environmental regulations related to compliance have stayed consistent, the Ohio EPA and Corps of Engineers remain steadfast in making sure those compliance directives are followed. “They’ve always been vigilant,” she said of environmental agencies. “It is their job to regulate these water resources per the state and federal regulations.”
The increase in projects and public awareness has ODOT even more aware of environmental compliance. “We have a lot of projects going on statewide,” Earley said. “It’s hard to have 100% compliance all the time; I don’t think anybody sees that as a realistic thing – compliance 100% of the time. We are going to make mistakes sometimes, just as it is the same with our contractors, but we are going to do our best to avoid and minimize that as much as possible …”
Because of ODOT’s close working ties with Ohio EPA and the Corps of Engineers, Earley and Gucker want to make sure those relationships aren’t tested – and if they are, ensure the agencies that environmental compliance is occurring or fixed when they aren’t done correctly. “… When things go wrong, I’m always nervous about how it affects the trust,” Earley said.
While environmental non-compliance, per project contracts, usually means it’s the contractor who will be penalized monetarily or through costly restoration and compensatory mitigation, there is fear of ramifications to the state’s transportation construction program.
“Regulatory agencies have always had the ability to levy fines if a contractor continuously performs poorly, or (the contractor) violates permits and doesn’t respond to the environmental laws,” said Gucker. “… Then at the program level, it really impacts the department, which is going to have an indirect impact on contractors.”
According to Earley, the indirect impact on the industry can be devastating. “At any point of time the agencies can say to (ODOT), ‘Hey we’d love to work with you on this, but I think we’re going to take a pause from this agreement.’ Or: ‘This agreement is going to have more requirements in it than before because we’ve seen more mistakes and non-compliance coming from your projects.’
“… I feel that our vigilance is always on guard because we’re worried about things just getting more difficult if we aren’t maintaining compliance and that trust with the agencies,” Earley added.
Gucker warns contractors that it won’t just be the environmental agencies intervening for non-compliance – it will also be ODOT. “We can’t allow non-compliance at anytime through the course of the projects,” he said. “So, through the contract we may simply stop work altogether – and that can be detrimental, obviously, to contractors’ schedules and a direct cost to them. We can also withhold payments of items of work that we find that the contractor is performing improperly; and/or removing of personnel if those individuals are performing work poorly and are routine violators.”
Having seen the impact as a result of non-compliance, Engle provides contractors advice when it comes to adhering to environmental regulations – and it begins from the get-go. “Hire a good subcontractor to perform the site assessment and prepare the (SWPPP) plans,” he said. “They will give you guidance – such as ‘put this here’; ‘put the silt fence there;’ ‘put a ditch check here;’ put a sediment basin here’ … They can guide you. They know it well.
“And, as far as the environmental specifications you need to follow,” Engle added, “join the Heavy Highway Specification Committee. We talk about it regularly.”