SECTION 654 - INTELLIGENT TRANSPORTATION SYSTEMS Reserved SECTION 655 - ELECTRICAL WORK Reserved SECTION 656 - TEMPORARY SOIL ER OSION AND WATER POLLUTION CONTRO L 656.1 Responsibility of the Contractor-Prepare and Follow Plan The Contractor shall provide continuous and effective temporary soil erosion and wat er pollution control for the Project that is appropriate to the construction means, methods and sequencing allowed by the Contract and selected by the Contractor. To do so, the Con tractor shall prepare and submit a Soil Erosion and Water Pollution Control Plan (SEWPCP) and properly implement its approved SEWPCP. The Contractor shall have its SEWPCP appr oved, perform a preconstruction field review, and install and certify initial c ontrols before commencing any Work, which could disturb soils or impact water quality. Failur e by the Contractor to follow Standard Specification or Sp ecial Provision - Section 656 will result in a violation letter and a reduction in payment as shown in the schedule list in 656.5.1 . The Department’s Resident or any other representative of The Department reserves the righ t to suspend the work at any time and request a meeting to discuss violations and remedies. The Department shall not be held responsible for any delay in the work due to any suspensio n under this item. If the Contractor properly imple ments its approved SEWPCP, then (1) any Work required in excess of that required by the SEWPCP will be Extra Work, (2) any Delay resulting from any such excess Work will be analyzed in accorda nce with Section 109.5 - Adjustments for Delay, and (3) t he Contractor will not be resp onsible for damages relating to insufficient soil erosion and water pollution control includ ing the cost of all environmental enforcement actions, penalties, or monetary settl ements assessed any environmental regulatory entity and all costs incurred by or th rough the Department. If the Contractor fails to prep are, submit, or seek approval of a SEWPCP or fails to properly implement its approved SEWPCP, then (1) the Departmen t may suspend all Work,
2.the Department may withhold all Progress Payments or any po rtion thereof until the Contractor remedies all deficiencies; (3) the Department may r emedy deficiencies with Departmental or contracted forces and deduct the cost thereof f rom payments otherwise due the Contractor; (4) any delay resulting from such failure or n on-compliance will be a Non- 6-165 excusable Delay; and (5) the Contractor will be responsible fo r all damages arising from or related to such failure or non-compliance including the cost of all environmental enforcement actions, penalties, or monetary settlements assesse d by any environmental regulatory entity and all costs incurred by or through the Depa rtment including legal and consulting fees. 656.2 Submittal and Approval of the SEWPCP Within 21 calendar days of Contract Execution, the Contractor must submit two copies of its SEWPCP to the Resident. Within 14 days of receipt, the Department will determine if the SEWPCP is in accordance with the Contract requirements and (1) notify the C ontractor that the SEWPCP is approved or (2) return it for any needed revisions. If ret urned for revision, the Contractor must resubmit two copies of its revised SEWPCP as provided abov e within 7 days and the Department will have 7 days from receipt of the revised plan to notify the Contractor whether its SEWPCP is approved or again requires revision. Add itional iterations will occur in a like manner until the Department approves the Contra ctor’s SEWPCP. The Contractor must have its SEWPCP approved and implemented before commencing any Work, which could disturb soils or impact water quality. SEWPCP REQUIREMENTS 656.3.1 Qualifications of Preparer The preparer of the SEWPCP must be knowledgeable and experienced in erosion and pollution control and must (1) be a “DEP Certified Contractor” as designated by the Maine Department of Environmental Protection (MDEP), or (2) be licensed in Maine as a Professional Engineer, Landscape Architect, or Soil Scientist. 656.3.2 Standards The SEWPCP must be in accordance with all a pplicable laws, rules, regulations, permit requirements and conditions, this sp ecification, all other contractual provisions, and the l atest version of Department’s “Best Management Practices for Erosion & Sedimentation Control” (the “BMP Manual”). In th e event of conflicting provisions, the SEWPCP must utilize the more restrictive requir ements. 656.3.3 General SEWPCP Elements In addition to other requirem ents provided for or referenced in this specificati on, the SEWPCP must include th e following elements.
a.The name and qualifications of the person preparing the SEW PCP.
b.The name of the on-site person, the “Environmental Coordina tor”, responsible for implementation of the SEWPCP, who must be the Contractor's Supe rintendent or other supervisory employee with the authority to immediately re medy any deficient controls, with their phone number and emergency number (persona l cellular phone or pager).
c.The schedule and sequence of all activities that involve so il disturbance including work on sites outside the right-of-way such as borrow pit opera tions, haul roads, 6-166 staging areas, equipment storage sites, mixing plants, and Wast e Areas including expansion of existing sites.
d.Incorporation of permanent erosion and sedimentation contro l features into the project at the earliest practicable time.
e.Identification of steep slopes and highly erodible soils, w ith the method and frequency of soil stabilization. Temporary slope stabilization is required on a daily basis. Permanent slope stabilization measures shall be applied within one week of the last soil disturbance.
f.Emergency procedures for storms, including availability of Materials and procedures and time frames for corrective action if controls fail.
g.If water is flowing within the drainage system, the water shall be diverted to a stable area or conduit and work shall be conducted in the dry. The Co ntractor’s plan shall address when and where the diversions will be necessary
h.Type and location of all temporary erosion and sedimentatio n control measures. Temporary winter stabilization must be used between November 1 st and April 1st, or outside of said time period if the ground is frozen or snow cov ered. Temporary winter stabilization involves, at a minimum, covering all distu rbed soils and seeded ground that is not “Acceptable Work” with an approved method ot her than using unanchored hay or straw mulch. Suc h other methods may include the use of Erosion Control Mix or other covers that are not susceptible to erosion or wind movement, as described within the “Winter Stabilization” section of the most recent Department BMP Manual. If temporary winter stabilization practices are us ed, spring procedures for permanent stabilization shall also be described in the SEWP CP. Use of these methods for over-winter temporary erosion control will be incid ental to the contract and be paid for as part of Pay Item 656.75
i.Mulching type and frequency of application for disturbed so il areas. Newly disturbed earth shall be mulched by the end of each workday. Mulch shall be maintained on a daily basis. All disturbed ditches/slopes shall be stabilized by the end of each workday. Stabilization shall be maintained on a daily basis. Erosion control blanket shall be installed in the bottoms of all ditches except where a stone lining is planned or otherwise stated in the contract document. Seed shall be ap plied prior to the placement of the blanket.
j.Location and frequency of application of temporary seeding. Permanent seeding shall be performed in accordance with the most current 618 specificat ion, unless otherwise stated in the contract document.
k.Description of all dust control procedures for roadways, ha ul roads, work areas, and all other contractor activities. 6-167
l.Location and method of temporary erosion and sediment contr ol for existing and proposed catch basins and all other drainage inlet and outlet a reas. Culvert inlet and outlet protection shall be installed within 48 hours of culvert installation, or prior to a storm event, whichever is sooner.
m.Describe all in-stream work, with timing and plans for temp orary stream diversions and cofferdams. Water flow must be maintained at all times unle ss otherwise stated in the contract document.
n.Describe the design, location, and plans for sedimentation basins used for dewatering cofferdams. If a cofferdam sedimentation basin is used, it sha ll be located in an upland area where the water can settle and sink into the ground or be released slowly to the resource in a manner that will not cause erosion. The l ocation of such a cofferdam sedimentation basin shall be addressed in the SEWPCP.
o.Inspection and maintenance schedules for all erosion and wa ter pollution control measures - temporary and permanent - including the method, freq uency and disposal location for sediment removal.
p.Demolition debris (including debris from wearing surface rem oval, saw cut slurry, dust, concrete debris, etc.) shall be contained and shall not b e allowed to discharge to any resource. All demolition debris shall be disposed of in ac cordance with Standard Specifications, Section 202.03, Removing Existing Superstructur e, Structural Concrete, Railings, Curbs, Sidewalks and Bridges. Containment and disposal of demolition debris shall be addressed in the Contractor's SEWPCP
q.Procedures for removal of temporary erosion and pollution c ontrols. 656.3.4 Water Pollution Control Requirements In addition to o ther requirements provided for or referenced in thi s specification, the SEWPCP mu st include all of the following requirements applicable to water pollution control.
a.The Contractor must comply with the applicable federal, sta te, and local laws, and regulations relating to prevention and abatement of water pollu tion.
b.Except as allowed by an approved permit or otherwise author ized by the Department in writing, pollutants and construction debris including excava ted material, aggregate, residue from cleaning, sandblasting, or painting, cement mixtur es, chemicals, fuels, lubricants, bitumens, raw sewage, wood chips, and other debris shall not be discharged into waterbodies, wetlands, or natural or man-made c hannels leading thereto and such materials shall not be located alongside water bodies, wetlands, or such channels such that it will be washed away by high water or runoff.
c.Construction operations in waterbodies or wetlands shall be restricted to the construction limits shown on the plans and to those areas that must be entered for the 6-168 construction of temporary or permanent structures, except as al lowed by approved permit or otherwise authorized by the Department in writing.
d.Mechanized equipment shall not be operated in waterbodies o r wetlands, except as allowed by approved permit or otherwise authorized by the Depar tment in writing.
e.Upon completion of the work, waterbodies or wetlands shall be promptly cleared of all falsework, piling, debris or other obstructions caused by t he construction operations, except as otherwise authorized by the Department in writing.
f.Spill Prevention If the Work includes the handling, use, or storage of petroleum products or hazardous Matter/Substances including the onsite fu eling of Equipment, the SEWPCP must include a Spill Prevention Control and Counterm easure Plan (SPCCP). At a minimum, the SPCCP must include:
I.Description of preventative measures to be used to minimize the possibility of a spill including Equipment and/or Materials to be used to p revent discharges including containment and diversionary structures, i nspections and personnel training; II. A contingency response plan to be implemented if spill should o ccur including a list of emergency phone/pager numbers including the Contractor's representative, MDEP Spill Response, the National Response Center (if spill enters the water), the Resident, and local po lice and fire authorities, a list of emergency response equipment and locatio ns and a description of the capabilities of the equipment, a description of the general response and clean up protocols by product or Matter/Substances and an overview of the verbal and written notification procedures for federal, state and local officials. For a related provision, see 105.2.2 - "P roject Specific Emergency Planning".
g.Water withdrawals for dust cont rol or moisture control for compaction is prohibited from waterbodies in Maine that ha ve identified invasive plant i nfestations. For current information and a map of w aterbodies where withdrawal i s prohibited, visit 6-169 the DEP website; https://www.maine.gov/dep/water/invasives/ . Under the heading, “Control” there is a link to infested waterbodies. For a related provision, see Section 105.8.3 - "Wetland and Wa terbody Impacts". 656.3.5 Material Requirements Unless otherwise approved by th e Department, the Contractor must use temporary erosion control Materials contain ed on the Department's Preapproved List of Erosion Control Materials if such a list is established, the Department’s latest BMP Manual, or Section 717 - Roadside Improvement Materi als. 656.3.6 Construction Requirements In addition to other requir ements provided for or referenced in this specificati on, the SEWPCP must include al l of the following requirements applicable during construction.
a.The Contractor shall install and maintain all temporary ero sion control Materials in accordance with the manufacturer's recommendations, or the Depa rtment’s latest BMP’s or Standard Specifications where applicable.
b.The Contractor shall perform in-stream work during low flow conditions, except as allowed by a specific Permit requirement. During in-stream work , the Contractor shall maintain water flow at all times except in ponded water or wher e specifically authorized. The Contractor, to the maximum extent practicable, shall place pipes in dry conditions.
c.The Contractor, to the maximum extent practicable, shall in stall temporary and permanent erosion control measures prior to conducting clearing and grubbing operations. Clearing shall be minimized as shown on the design plans (if pr ovided). The Contractor shall not conduct clearing operations within any protected vegetative buffer area indicated in the pl ans, notes, or special provision s. The Contractor shall limit excavation, borrow and embankment operations commensurate with its capability and progress in keeping the finish grading, mulching , seeding, and other such temporary and permanent erosion control measures current i n accordance with its schedule. Should seasonal limitations make such coordinatio n impractical, temporary erosion control measures shall be provided immediatel y.
d.The Contractor shall not work in a wetland, except as allow ed by a specific permit provision. All equipment which must work in a wetland shall tr avel and work on platforms or mats that protect vegetation which the Department has designated to remain. The Contractor shall not store or stockpile materials i n a wetland. The Contractor shall contain and immediately remove from the wetlan d or waterbody any debris generated by the Work.
e.The Contractor shall not place uncured concrete directly in to a waterbody. The Contractor shall not wash tools , forms, or other items in or ad jacent to a waterbody or wetland. Prior to release to a natural resource, any impounded water that has been in contact with concrete placed during construction must have a pH between 6.0 and 8.5, 6-170 must be within one pH unit of the background pH level of the re source and shall have a turbidity no greater than the receiving resource. This requi rement is applicable to concrete that is placed or spilled (including leakage from form s) as well as indirect contact via tools or equipment. Water not meeting release cri teria shall be addressed in the SEWPCP. Discharging impounded water to the stream must t ake place in a manner that does not disturb the stream bottom or cause erosion . The Contractor shall be responsible for monitoring pH with a calibrated meter accura te to 0.1 units. A record of pH measurements shall be kept in the Environmental Co ordinator’s log.
f.The Contractor shall contain all demolition debris (includi ng debris from wearing surface removal, saw cut slurry, dust, etc.) and shall not allo w it to discharge to any resource. All demolition debris shall be disposed of in accorda nce with Section