Hazardous Materials Coordination

The Locality is responsible for conducting all appropriate inquiries into present and past uses of the property on which an Access road is proposed. Such studies and investigations will identify the likely presence of any hazardous substances or petroleum products or conditions that indicate an existing release, a past release, or the material threat of a release of hazardous substances into the soil, groundwater or surface water of the property or adjacent properties, or the presence of such impairments associated with buildings or structures.

If actual or potential environmental impairments have been identified, a cost estimate of potential remediation/closure activities to meet state and/or federal regulations must be provided as well as an indicator of any coordination made with the Virginia Department of Environmental Quality and/or the U.S. Environmental Protection Agency. Where specific action must be taken during construction (containment, management, remediation), appropriate contract provisions must be developed to incorporate those costs as pay items in the contract. These are environmental commitments and must be implemented by the Locality.

The Locality must document the above inquires, agency coordination, and cost estimates in the Hazardous Materials Due Diligence Certification form. The VDOT District Environmental Manager can provide you with guidance regarding completing the form.

Please note, no reports or other materials concerning hazardous materials investigations should be submitted to VDOT. Only the Due Diligence Certification form must be forwarded to the VDOT Project Coordinator, with a copy to the VDOT District Environmental Manager. The Locality should maintain the inquiry information in their project files.

Construction Monitoring

Regardless of who is responsible for construction of an Access road project, VDOT may monitor projects as per policy, to ensure any environmental commitments identified have been implemented (such as VA air pollution regulations, permit requirements, hazardous waste remediation, etc.).

Forms:

Hazardous Materials Due Diligence Certification form (EQ-121) - must be completed by Locality and submitted to VDOT

Guidance:

VDOT Instructional & Informational Memorandum 216.5 – VDOT policy on projects designed/administered/advertised by Localities
VDOT Instructional & Informational Memorandum 228 – VDOT guidelines for discharge of stormwater at sinkholes
VDEQ Waste – VA Department of Environmental Quality, Waste Division
Due Diligence/Due Care – definition of Due Diligence/Due Care. EPA’s definition for Standards & Practices for All Appropriate Inquiries
Environmental Certification – completed by VDOT Environmental Manager prior to Enhancement project authorization for construction. Agency coordination allows this to be completed.
VDOT District Environmental Manager Contacts