SECTION 656 - TEMPORARY SOIL EROSION AND WATER POLLUTION CONTROL 656.1 Responsibility of the Contractor-Prepare and Follow Plan The Contractor shall provide continuous and effective temporary soil erosion and water 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 Contractor 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 approved, perform a preconstruction field review, and install and certify initial controls before commencing any Work, which could disturb soils or impact water quality. Failure by the Contractor to follow Standard Specification or Special 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 right 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 suspension under this item. If the Contractor properly implements 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 accordance with Section 109.5 - Adjustments for Delay, and (3) the Contractor will not be responsible for damages relating to insufficient soil erosion and water pollution control including the cost of all environmental enforcement actions, penalties, or monetary settlements assessed any environmental regulatory entity and all costs incurred by or through the Department. If the Contractor fails to prepare, submit, or seek approval of a SEWPCP or fails to properly implement its approved SEWPCP, then (1) the Department may suspend all Work,
2.the Department may withhold all Progress Payments or any portion thereof until the Contractor remedies all deficiencies; (3) the Department may remedy deficiencies with Departmental or contracted forces and deduct the cost thereof from payments otherwise due the Contractor; (4) any delay resulting from such failure or non-compliance will be a Non- 6-165 excusable Delay; and (5) the Contractor will be responsible for all damages arising from or related to such failure or non-compliance including the cost of all environmental enforcement actions, penalties, or monetary settlements assessed by any environmental regulatory entity and all costs incurred by or through the Department 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 Contractor that the SEWPCP is approved or (2) return it for any needed revisions. If returned for revision, the Contractor must resubmit two copies of its revised SEWPCP as provided above 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. Additional iterations will occur in a like manner until the Department approves the Contractor’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 specification, all other contractual provisions, and the latest version of Department’s “Best Management Practices for Erosion & Sedimentation Control” (the “BMP Manual”). In the event of conflicting provisions, the SEWPCP must utilize the more restrictive requirements. 656.3.3 General SEWPCP Elements In addition to other requirem ents provided for or referenced in this specification, the SEWPCP must include the following elements.
a.The name and qualifications of the person preparing the SEWPCP.
b.The name of the on-site person, the “Environmental Coordinator”, responsible for implementation of the SEWPCP, who must be the Contractor's Superintendent or other supervisory employee with the authority to immediately remedy any deficient controls, with their phone number and emergency number (personal cellular phone or pager).
c.The schedule and sequence of all activities that involve soil disturbance including work on sites outside the right-of-way such as borrow pit operations, haul roads, 6-166 staging areas, equipment storage sites, mixing plants, and Waste Areas including expansion of existing sites.
d.Incorporation of permanent erosion and sedimentation control features into the project at the earliest practicable time.
e.Identification of steep slopes and highly erodible soils, with 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 Contractor’s plan shall address when and where the diversions will be necessary
h.Type and location of all temporary erosion and sedimentation 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 covered. Temporary winter stabilization involves, at a minimum, covering all disturbed soils and seeded ground that is not “Acceptable Work” with an approved method other than using unanchored hay or straw mulch. Such 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 used, spring procedures for permanent stabilization shall also be described in the SEWPCP. Use of these methods for over-winter temporary erosion control will be incidental to the contract and be paid for as part of Pay Item 656.75
i.Mulching type and frequency of application for disturbed soil 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 applied 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 specification, unless otherwise stated in the contract document.
k.Description of all dust control procedures for roadways, haul roads, work areas, and all other contractor activities. 6-167
l.Location and method of temporary erosion and sediment control for existing and proposed catch basins and all other drainage inlet and outlet areas. 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 temporary stream diversions and cofferdams. Water flow must be maintained at all times unless 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 shall 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 location of such a cofferdam sedimentation basin shall be addressed in the SEWPCP.
o.Inspection and maintenance schedules for all erosion and water pollution control measures - temporary and permanent - including the method, frequency and disposal location for sediment removal.
p.Demolition debris (including debris from wearing surface removal, saw cut slurry, dust, concrete debris, etc.) shall be contained and shall not be allowed to discharge to any resource. All demolition debris shall be disposed of in accordance with Standard Specifications, Section 202.03, Removing Existing Superstructure, 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 controls. 656.3.4 Water Pollution Control Requirements In addition to o ther requirements provided for or referenced in this specification, the SEWPCP must include all of the following requirements applicable to water pollution control.
a.The Contractor must comply with the applicable federal, state, and local laws, and regulations relating to prevention and abatement of water pollution.
b.Except as allowed by an approved permit or otherwise authorized by the Department in writing, pollutants and construction debris including excavated material, aggregate, residue from cleaning, sandblasting, or painting, cement mixtures, chemicals, fuels, lubricants, bitumens, raw sewage, wood chips, and other debris shall not be discharged into waterbodies, wetlands, or natural or man-made channels leading thereto and such materials shall not be located alongside waterbodies, 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 allowed by approved permit or otherwise authorized by the Department in writing.
d.Mechanized equipment shall not be operated in waterbodies or wetlands, except as allowed by approved permit or otherwise authorized by the Department 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 the 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 fueling of Equipment, the SEWPCP must include a Spill Prevention Control and Countermeasure Plan (SPCCP). At a minimum, the SPCCP must include:
1.The name and emergency response numbers (telephone number, cellular phone and pager numbers, if applicable) of the Contractor's representative responsible for spill prevention and response;
2.General description and location of (1) handling, transfer, storage, and containment facilities of such products or hazardous Matter/Substances ("activities and facilities") and (2) potential receptors of such products or hazardous Matter/Substances including oceans, lakes, ponds, rivers, streams, wetlands, and sand and gravel aquifers ("sensitive resources") including the distances between said activities and facilities and said sensitive resources;
I.Description of preventative measures to be used to minimize the possibility of a spill including Equipment and/or Materials to be used to prevent discharges including containment and diversionary structures, inspections and personnel training; II. A contingency response plan to be implemented if spill should occur 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 police and fire authorities, a list of emergency response equipment and locations 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 - "Project Specific Emergency Planning".
g.Water withdrawals for dust control or moisture control for compaction is prohibited from waterbodies in Maine that have identified invasive plant infestations. For current information and a map of waterbodies where withdrawal is 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 contained 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 Materials. 656.3.6 Construction Requirements In addition to other requir ements provided for or referenced in this specification, the SEWPCP must include all of the following requirements applicable during construction.
a.The Contractor shall install and maintain all temporary erosion control Materials in accordance with the manufacturer's recommendations, or the Department’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 where specifically authorized. The Contractor, to the maximum extent practicable, shall place pipes in dry conditions.
c.The Contractor, to the maximum extent practicable, shall install temporary and permanent erosion control measures prior to conducting clearing and grubbing operations. Clearing shall be minimized as shown on the design plans (if provided). The Contractor shall not conduct clearing operations within any protected vegetative buffer area indicated in the plans, notes, or special provisions. 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 in accordance with its schedule. Should seasonal limitations make such coordination impractical, temporary erosion control measures shall be provided immediately.
d.The Contractor shall not work in a wetland, except as allowed by a specific permit provision. All equipment which must work in a wetland shall travel and work on platforms or mats that protect vegetation which the Department has designated to remain. The Contractor shall not store or stockpile materials in a wetland. The Contractor shall contain and immediately remove from the wetland or waterbody any debris generated by the Work.
e.The Contractor shall not place uncured concrete directly into a waterbody. The Contractor shall not wash tools, forms, or other items in or adjacent 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 resource and shall have a turbidity no greater than the receiving resource. This requirement is applicable to concrete that is placed or spilled (including leakage from forms) as well as indirect contact via tools or equipment. Water not meeting release criteria shall be addressed in the SEWPCP. Discharging impounded water to the stream must take 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 accurate to 0.1 units. A record of pH measurements shall be kept in the Environmental Coordinator’s log.
f.The Contractor shall contain all demolition debris (including debris from wearing surface removal, saw cut slurry, dust, etc.) and shall not allow it to discharge to any resource. All demolition debris shall be disposed of in accordance with Section
202.03 Removing Existing Superstructure, Structural Concrete, Railings, Curbs,
Sidewalks and Bridges. The Contractor shall dispose of debris in accordance with the Maine Solid Waste Law, Title 38 M.R.S.A., Section 1301 et. seq. Containment and disposal of demolition debris shall be addressed in the Contractor’s SEWPCP.
g.The Contractor shall air dry all treated lumber for at least 21 days before use. All treated timber surfaces shall be exposed during air-drying.
h.The Contractor shall place all permanent seeding in accordance with Section 618 - Seeding unless the Contract states otherwise. The Contractor shall state what additional measures they will employ for soil stabilization between November 1 st and April 1st.
i.The Contractor shall not remove rocks from below the normal high water line of any wetland, great pond, river, stream, or brook, except to the extent necessary for completion of the Work and as allowed by environmental permits. The Contractor shall not work below the high water line of a great pond, river, stream, or brook during periods of elevated water, except as necessary to protect work in progress or for emergency flood control and as allowed by environmental permits.
j.During periods of approved suspension, the Contractor shall inspect and maintain temporary and permanent erosion controls in accordance with its approved SEWPCP.
k.All sites of disturbed soil outside the right-of-way such as haul roads, staging areas, Equipment storage sites, mixing plants, and waste disposal sites including expansion of existing sites shall be graded smooth, loamed, seeded, and mulched upon completion of the work. For a related provision, see Section 105.8.6 - Pit Requirements. IMPLEMENTATION OF SEWPCP 656.4.3 Follow Plan Until Acceptance of the Work, the Contrac tor must continuously provide soil erosion and water pollution controls in compliance with its approved SEWPCP as amended, if necessary, and in compliance with Section 656.4.5 - Additional Measures/Amendment of SEWPCP. 6-171 656.4.4 Inspection and Record Keeping The Environmental Coord inator must inspect and monitor all controls for the duration of the project and keep a written log. This log must include daily on-site precipitation and air temperature, as well as the performance, failure, and any corrective action for all controls in place. The log must be updated at least weekly and after all significant storm runoff and flood events. The Environmental Coordinator must make this log available to the Department upon request. The Contractor will retain the log for three years after the completion of the project. 656.4.5 Additional Measures/Amendment of SEWPCP If there exis ts observable evidence of erosion or sedimentation despite the installation of all controls in compliance with the Contractor’s approved SEWPCP, then the Contractor must undertake such additional measures as are necessary to stop such erosion and prevent further erosion or sedimentation. Observable evidence of erosion or sedimentation includes visible sheet, rill, or gully erosion, discoloration of water by suspended particles, areas of sediment accumulation, slumping of banks, deposition of soil, and visible dust. Such additional measures must be undertaken within 24 hours and completed within 48 hours from the time such evidence is observed, unless otherwise authorized by the Department. Within 7 days of that time, the Contractor must submit an amendment to its SEWPCP setting forth the apparent cause of the erosion or sedimentation and the additional measures undertaken and that will continue to be undertaken. If the Contractor complies with the requirements of this Section, all additional measures and the amendment of the SEWPCP will be Extra Work and any Delay resulting from the additional measures will be analyzed in accordance with Section 109.5 - Adjustments for Delay. 656.4.6 Duration of Contractor’s Responsibility The Contracto r shall provide temporary soil erosion and water pollution controls in compliance with its SEWPCP and maintain all permanent control features until Acceptance of the Work. Once final surface treatments are established, the Contractor is responsible for removal of all temporary sedimentation control practices such as silt fence. Notwithstanding the preceding sentence, all work needed to remedy damage to properly installed and maintained permanent control features caused by a weather-related Uncontrollable Event shall be Extra Work. PAYMENT 656.5.1 If Pay Item 656.75 Provided If the Schedule of Items contains Pay Item
656.75 for Temporary Soil Erosion and Water Pollution Control, payment will be made on a
Lump Sum basis, payment of which will constitute full and complete compensation for all labor, equipment, materials, inspection, professional services, and incidentals necessary to prepare, submit, obtain approval of, and properly implement the Contractor’s SEWPCP. The Lump Sum will be payable in installments as follows: 10% of the Lump Sum once the final SEWPCP is approved and the initial soil erosion and water pollution controls are in place and certified by the Contractor, with the 90% balance to be paid as the Work progresses at a rate proportional to the percentage completion of the Contract. 6-172 ORIGINAL CONTRACT AMOUNT From Up to and Amount of Penalty Damages per Vio lation More Than Including 1 st 2 nd 3 rd & Subsequent $0 $1,000,000 $250 $500 $1,250 $1,000,000 $2,000,000 $500 $1,000 $2,500 $2,000,000 $4,000,000 $1,000 $2,000 $5,000 $4,000,000 and more $2,000 $4,000 $10,000 Cofferdams and related temporary soil erosion and water pollution controls are incidental to the Pay Item 656.75, unless a specific pay item for cofferdams is included in the Schedule of Items. If a specific pay item for cofferdams is included, then related temporary soil erosion and water pollution controls, including inspection and maintenance, are incidental to the pay item for cofferdams. 656.5.2 If No Pay Item If Pay Item 656.75 is not provided in the Schedule of Items, then the cost related thereto shall be Incidental to the Contract. Failure by the Contractor to follow Standard Specification or Special Provision - Section 656 and/or the Contractor’s own Soil Erosion and Water Pollution Control Plan (SEWPCP) will result in a violation letter and a reduction in payment as shown in the schedule below. The Department’s Resident or any other representative of The Department reserves the right 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 suspension under this item. Payment will be made under: P a y I t e m P a y U n i t
656.75 Temporary Soil Erosion and Water Pollution Control Lu mp Sum
Referenced in this section
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Source: Standard Specifications — Highways and Bridges, 2020 Edition. Pages 634–642 of 817. View official source ↗