Understanding Environmental Stewardship and Federal Laws
Explore the importance of environmental stewardship and key federal laws such as the National Environmental Policy Act (NEPA) of 1969 in protecting the environment. Learn about the obligations and procedures for compliance, including considerations for projects' environmental impact and public input.
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Environmental Stewardship and Water Pollution Control 1
Environmental Stewardship 2
Environmental Stewardship: Objectives Be able to... Name the laws that mandate protecting the environment List the duties an RE must perform to comply with these laws Document compliance 3
Environmental Stewardship: Federal Law National Environmental Policy Act (NEPA) of 1969 to prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man, 4
Environmental Stewardship: Federal Law The Relationship between FHWA and NEPA National Environmental Policy Act Congress Title 23, Code of Federal Regulations (23 CFR) FHWA Part 771, Environmental Impact and Related Procedures 23 CFR 5
Environmental Stewardship: Federal Law NEPA Mandated Federal Agencies to: Consider potential environmental consequences of proposed project Document the analysis of those consequences Allow for public for comment prior to implementation 6
Environmental Stewardship: Federal Law National Environmental Policy Act (NEPA) The 3 Types of Project Environmental Documents Categorical Exclusion (CE) Environmental Assessment (EA) Environmental Impact Statement (EIS) => => => No Determination Needed FONSI Record of Decision (ROD) or further study 7
Environmental Stewardship: Federal Law Clean Air Act National Historic Preserv. Act Endangered Species Act Flood Disaster Protection Act Clean Water Act Environ. Doc. Farmland Protection Act Migratory Bird Act Wetlands Resources Act Marine Mammal Act Native American Grave Act 8
Environmental Stewardship: Federal Law It shall be the responsibility of the agency to ensure that the project is constructed in accordance with and incorporates all committed environmental impact mitigation measures listed in approved environmental documents 23 CFR 771.109(d) 9
Environmental Stewardship: Local Assistance Procedures Manual LAPM Chapter 6 Environmental Procedures 6.1 Roles and Responsibilities 6.3 Mitigation and Construction 10
Environmental Stewardship: Local Assistance Procedures Manual The local agency will obtain all necessary permits prior to advertisement for construction. LAPM 6.2 An Overview of the Environmental Process; Other Considerations Permits 11
Environmental Stewardship: Local Assistance Procedures Manual The local agency is responsible for ensuring that mitigation commitments are Incorporated into the PS&E Implemented during construction Documented! Maintained as required LAPM 6.1 Roles and Responsibilities, Local Agency 12
Environmental Stewardship: Local Assistance Procedures Manual The local agency must certify that all required mitigation is included in the PS&E. LAPM 6.3 Mitigation and PS&E The local agency must document and certify that all environmental commitments have been completed. LAPM 6.3 Mitigation and Construction 13
Environmental Stewardship: Local Assistance Procedures Manual Environmental Commitment Record (ECR): 1. Record each environmental commitment made (PS&E) 2. Specify how each commitment will be met (PS&E) 3. Document the completion of each commitment (Constr.) 14
Environmental Stewardship: RE Responsibilities Pre-Construction Verify the environmental doc and permits all in the project file Confirm all mitigation measures shown on the environmental docs and permits made it into your contract (PS&E) Document as mitigation measures are completed 15
Environmental Stewardship: Local Assistance Procedures Manual 16
Environmental Stewardship: Local Assistance Procedures Manual Sample ECR page 2 17
Environmental Stewardship: RE Responsibilities Pre-Construction Ifrequired by your environmental docs or permits Confirm Inspector/construction crew trainings held Verify ESA staging areas are fenced Approve biological monitors 18
Environmental Stewardship: RE Responsibilities Pre-Construction Ifrequired by your environmental docs or permits Perform preconstruction surveys Relocate plants Take photographs Complete reports 19
Environmental Stewardship: RE Responsibilities Mid-Construction Ifrequired by your environmental docs or permits Confirm operations comply with permit dates Confirm contractor adhering to daily time restrictions 20
Environmental Stewardship: RE Responsibilities Mid-Construction Ifrequired by your environmental docs or permits Verify archeological or biological monitors are present Verify biological surveys are continuing as required throughout operations 21
Environmental Stewardship: RE Responsibilities Mid-Construction If required by your environmental docs or permits, verify... Approved hauling routes are used Borrow and disposal site requirements are followed 22
Environmental Stewardship: RE Responsibilities Mid-Construction If required by your environmental docs or permits, verify... Dust control measures are implemented Daily clean up and garbage disposal occurs 23
Environmental Stewardship: RE Responsibilities Pre, Mid, and Post-Construction Document Environmental Mitigation Commitment Compliance throughout the project! File: Letters approving biological monitors Invoices supporting payments made to contractor for water quality testing 24
Environmental Stewardship: RE Responsibilities Pre, Mid, and Post-Construction Document Environmental Mitigation Commitment Compliance throughout the project! Sign in sheets from required crew trainings Photos of ESA fencing Daily reports documenting mitigation work 25
Environmental Stewardship: RE Responsibilities Post-Construction If required Confirm all monitoring reports and post-construction mitigation report(s) were submitted to permitting agencies Prepare additional copies to be included with the final report/voucher submitted to Caltrans 26
Environmental Stewardship Poll 27
Environmental Stewardship: Quiz Choose all true statements. NEPA a. Stands for National Environmental Protection Agency b. Stands for National Environmental Policy Act c. Is something you put on a sunburn d. Is U.S. Law established by Congress 28
Environmental Stewardship: Quiz Choose all true statements. NEPA a. Stands for National Environmental Protection Agency b. Stands for National Environmental Policy Act c. Is something you put on a sunburn d. Is U.S. Law established by Congress 29
Environmental Stewardship Poll 30
Environmental Stewardship: Quiz True or False All federal aid projects will have one of the following three types of environmental documents: Categorical Exclusion Environmental Assessment with FONSI Environmental Impact Statement with ROD 31
Environmental Stewardship: Quiz True or False All federal aid projects will have one of the following three types of environmental documents: Categorical Exclusion Environmental Assessment with FONSI Environmental Impact Statement with ROD True 32
Environmental Stewardship: Quiz Choose the correct answer. If a mitigation measure listed in the California Department of Fish and Wildlife Permit for your project is not included in your contract plans and specifications... a. It probably wasn t needed. b. The RE needs to write a CO. c. Someone is in trouble with Fish and Wildlife. d. Both b and c 34
Environmental Stewardship: Quiz Choose the correct answer. If a mitigation measure listed in the California Department of Fish and Wildlife Permit for your project is not included in your contract plans and specifications... a. It probably wasn t needed. b. The RE needs to write a CO. c. Someone is in trouble with Fish and Wildlife. d. Both b and c Generally not a problem if you catch the issue before the contract work involved is performed. 35
Environmental Stewardship: Quiz Choose the statement that is the least correct. a. Documenting the performance of environmental commitments is almost as important as performing them. b. Monitoring of environmental commitments continues throughout the life of the project. c. Documenting the performance of environmental commitments is most efficiently completed at the end of the project when all the work is done. 37
Environmental Stewardship: Quiz Choose the statement that is the least correct. a. Documenting the performance of environmental commitments is almost as important as performing them. b. Monitoring of environmental commitments continues throughout the life of the project. c. Documenting the performance of environmental commitments is most efficiently completed at the end of the project when all the work is done. Document throughout the life of the project! 38
Water Pollution Control 39
Water Pollution Control: Objectives Be able to 1. Name the federal and state laws that mandate the prevention of water pollution 2. Understand the basic requirements of a WPCP or SWPPP 3. Implement water pollution control practices 4. List required WPC documents 40
Water Pollution Control: Federal Laws and Regulations Clean Water Act (CWA) of 1972 to restore and maintain the integrity of the nation's waters by preventing pollution sources, and maintaining the integrity of wetlands. 41
Water Pollution Control: Federal Laws and Regulations Clean Water Act (CWA) of 1972 and 1978 Unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. 42
Water Pollution Control: Federal Laws and Regulations Clean Water Act (CWA) 1987 Amendment Unlawful to discharge any Storm Water into navigable waters, unless a permit was obtained. 43
Water Pollution Control: Federal Laws and Regulations What is the permit required by the Clean Water Act? National Pollutant Discharge Elimination System (NPDES) Permit 44
Water Pollution Control: Federal Laws and Regulations The Relationship between CWA, EPA and You Clean Water Act (CWA) Congress Title 40, Code of Federal Regulations (40 CFR) EPA Part 122 EPA Permit Program/Storm Water Discharge Part 123 Delegates issuing permits to California 40 CFR 45
Water Pollution Control: Federal Laws and Regulations What projects need NPDES Permit? Projects whose construction activities disturb one (1) or more acre of soil Clearing Grading Excavation Stockpiling 46
Water Pollution Control: Federal Laws and Regulations The Two Levels of WPC: Don t need Need WPCP NPDES Permit Disturbed Soil 1 Acre Need Need SWPPP NPDES Permit (CGP) 47
Water Pollution Control: NPDES To obtain coverage under the NPDES/CGP, the discharger must: 1. File Permit Registration Documents (PRDs) a) Notice of Intent (NOI) b) Storm Water Pollution Prevention Plan (SWPPP) c) Other docs required 2. Pay permit fee 48
Water Pollution Control: NPDES https://Smarts.waterboards.ca.gov/smarts/SwSmartsLogin.jsp 49
Water Pollution Control: Federal Laws and Regulations Who monitors WPC and issues NPDES permits in CA? State Water Resources Control Board (SWRCB) Regional Water Quality Control Board (RWQCB) 50
