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Legal Relations and Responsibility to the Public

1717Air, Land, and Water Pollution

MN · 2025 Standard Specifications✓ Full text on BuildSpecBook pages 88–0 Save this section

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1717.1GENERAL

The Contractor shall schedule and conduct construction operations to prevent, control, minimize, or abate pollution of air, land, and water in accordance with 1701, “Laws to be Observed.” The Contractor shall obtain permits in accordance with 1702, “Permits, Licenses, and Taxes.” A Discovery of Contaminated Materials and Regulated Waste If during the course of the Project, the Contractor encounters any of the following conditions indicating the possible presence of contaminated soil, contaminated water, or regulated waste, the Contractor shall immediately stop Work in the vicinity, notify the Engineer, and declare a differing site condition in accordance with 1402.2, “Differing Site Conditions.” The Engineer will conduct a documented inspection and evaluation before resumption of Work . The Contractor shall not resume Work in the suspected area until approved in writing by the Engineer.

A.1 Contaminated Soil Some indicators of contaminated soil, ground water, or surface water include any of the following:

(1)Odor, including gasoline, diesel, creosote, railroad ties, mothballs, or other

chemical odor

(2)Soil stained an unusual color, such as green or black, for reasons other than

organic content; or soil with a dark, oily appearance, or any unusual texture

(3)A rainbow colored sheen on water or soil

A.2 Regulated Wastes Some indicators of regulated wastes include any of the following:

(1)Cans, bottles, glass, scrap metal, and wood
(2)Concrete and asphalt rubble
(3)Roofing materials, shingles, siding, vermiculite, floor tiles, transite or fibrous

material, possible indicators of demolition waste that could contain asb estos, lead, or other chemicals

(4)Culverts or other pipes with tar-like coating, insulation or transite, possible

indicators of asbestos

(5)Ash, possibly from burning of regulated materials that may containle ad,

asbestos, or other chemicals

(6)Sandblast residue that could contain lead
(7)Treated wood including, but not limited to products referred to as green treat,

brown treat, and creosote

(8)Chemical containers such as storage tanks, drums, and filters
(9)Old basements with intact floor tiles or insulation that could contain asbestos,

sumps that could contain chemical waste, waste traps that could contain oil wastes, cesspools, or any other underground structure that could contain chemical or oily wastes B Water Protection The Contractor shall take all practical precautions and actions necessary to prevent pollution of ground water and surface water with any particulate or liquid matter that may be harmful to fish, wild life, or public health or cause a public nuisance. The Contractor shall avoid the crossing of streams and rivers unless approved by the regulatory authority. The Contractor shall minimize water pollution from haul R oads, Work platforms, temporary earth fills, and other temporary staging areas used for construction. The Contractor shall restore all temporary crossings to pre-existing conditions or as shown in Plan. C Land Protection The Contractor shall implement practical actions to minimize erosion on the P roject. The Department will consider all areas within the grading construction limits, exclusive of R oadbed areas, that grading or grubbing operations have rendered natural vegetation ineffective as being exposed to probable erosion until such time that the Contractor completes final topsoil finishing and turf establishment operations. D Air Protection The Contractor shall implement practical actions to minimize air pollution that may harm public health, safety, or the environment. The Contractor shall comply with Best Management Practices in accordance with 1103, “Definitions,” to control dust appropriate for the Work.

1717.2STORMWATER MANAGEMENT AND EROSION CONTROL

The Contractor shall schedule and conduct construction Activities in a manner to minimize soil erosion and protect surface waters. The Contractor shall install Temporary Sediment Control Measures in areas that contribute flow to surface waters. The Contractor shall:

(1)Schedule, install, and maintain Temporary and Permanent Sediment and Erosion Control

Measures

(2)Construct permanent and temporary storm water treatment basins
(3)Construct drainage facilities
(4)Phase and complete earthwork operations
(5)Implement good housekeeping measures
(6)Implement dewatering operations
(7)Establish vegetation

The Contractor shall minimize vehicle tracking of soil where vehicles exit the Project Site onto paved surfaces or off Right-of-way. The Contractor shall remove tracked soil from paved surfaces leaving the Project Site daily, or more frequently to allow for safe passage of the traveling public. The Contractor shall retrieve soil that has left the Right-of-way unless the Department has received landowner and/or regulatory approval, as required, for depositing fill into adjacent properties or surface waters. The Contractor shall remove deltas and sediment deposited in drainage ways, pipes, treatment areas, or catch basins, and stabilize the areas where sediment removal results in exposed soil. The Contractor shall stabilize exposed slopes within 14 Calendar Days after Work in that area has ended or:

(1)Stabilize slopes within 7 Calendar Days if the Project area is within 1 mile of and drains

to an impaired or special water

(2)Stabilize slopes and temporary or permanent ditches/swales within 24 hours when that

area of the Project discharges into surface waters, or off the Project limits The Contractor shall provide energy dissipation within 24 hours when connecting pipe outlets to surface waters. A Quality Control Program The Contractor shall submit a Quality Control program including the following:

(1)The name of the individual responsible for the Quality Control program at the

preconstruction meeting

(2)Once construction has commenced, the Contractor shall:
(a)Submit a weekly Erosion Control Schedule
(b)Submit Site Management Plan if applicable
(c)Conduct a weekly erosion control walkthrough including:
(i)Schedule the walkthrough and invite watershed district(s) and other

permitting authorities

(ii)Submit corrective action report, or equivalent as accepted by the

Engineer, that identifies, locates, and describes the following in text and picture: 1) Surface waters 2) Turbid or brown water locations 3) High-risk pollution-generating Activities 4) Documentation on how deficiencies were corrected from previous week

(iii)Amending the Plans
(d)Report sediment discharges to the appropriate regulatory authority, i ncluding

the State duty officer

(e)Incorporate Temporary or Permanent Erosion Control Measures into the Work

and stabilize disturbed areas on a section-by-section basis

(f)Ensure temporary erosion controls are kept in functional condition
(g)Maintain temporary sediment control devices
(h)Remove temporary sediment control devices after use
(i)Ensure that permanent treatment facilities are functioning as per P lan

The Engineer may review the Contractor’s Quality Control procedures. The Contractor shall maintain the Quality Control records at the Project Site. B Erosion and Sediment Control Schedule The Contractor shall submit a weekly schedule of proposed erosion and sediment control Activities including the following:

(1)Proposed erosion and sediment control installations and timeline
(2)Permanent turf establishment Plan and timeline
(3)Incorporating grading operations into the erosion control Plan
(4)Corrective action plans from previous week’s corrective action report
(5)Proposed erosion control measures during work suspensions

C Site Management Plan The Contractor shall provide a Site Management Plan, in accordance with 1103, “Definitions,” as shown in the Plans, or within 10 Calendar Days of receipt of written notice from the Engineer. Site Management Plans are for specific construction operations in areas within 200 feet of, and drains to surface waters or Areas of Environmental Sensitivity (AES). The Site Management Plan shall:

(1)Submit a schedule of Work, including Work pursuant to forecasted weather events
(2)Provide a list of Materials and Equipment
(3)Provide staging Plans or procedures that describe the locations of storm water and

pollutant management Best Management Practices (BMPs) in accordance with 1103, “Definitions”

(4)Provide additional details of BMPs proposed for use

The Contractor shall not start Work in the affected areas until the Engineer accepts the Site Management Plan document and all Material and Equipment are on site.

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Source: Minnesota Standard Specifications for Construction, 2025 Edition. Pages 88–0 of 1,081. View official source ↗

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