Construction environmental compliance can be complicated. To help you navigate these complexities, we’ve compiled a short guide covering compliance requirements, a step-by-step checklist, and a breakdown of the most common violations and how to avoid them.
Learn more about environmental compliance, best management practices, and why Calabrese Law Associates is the right choice to help you achieve your goals.
Overview of Environmental Compliance Requirements
Construction environmental compliance involves following guidelines that help minimize environmental damage during a construction project. It enforces practices created to protect ecosystems, natural resources, and the surrounding communities.
Research shows that construction causes approximately a third of all global waste, so environmental compliance requirements aim to minimize some of these effects. These ecological regulations encourage construction companies to use sustainable resources, prioritize worker and community health and safety, and practice proper waste management.
Step-By-Step Compliance Checklist
The best way to follow environmental regulations on construction sites is by keeping a compliance checklist. Here’s a breakdown of what a typical compliance checklist would look like:
Preconstruction Planning
Preconstruction planning is the most crucial step in any construction compliance checklist. It helps establish a clear project path and reduces potential environmental risks. Here are some of the steps involved in the preconstruction phase:
- Identify and define any disturbed areas, protected ecosystems, and drainage paths.
- Screen the area for wetlands, endangered species, critical habitat, and historic or cultural resources.
- Research the site history for use of potentially toxic materials, such as asbestos, lead-based paint and dry cleaning or wood treatment chemicals.
- Map out the construction entrances, areas to avoid, protected spaces, and perimeter controls.
- Check for local noise and working-hours ordinances and air control requirements.
Permits and Authorizations
Before starting work, companies must have the applicable permits and authorizations to meet environmental regulations on construction sites. Here are some examples:
- The Endangered Species Act (ESA):The ESA regulates the conservation of endangered species. Construction work must abide by these regulations to keep natural habitats undisturbed.
- Section 106:Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to consider the effects their work will have on the surrounding historical places. This legislation protects the integrity of historical sites.
- Section 401:The Clean Water Act encourages construction compliance by requiring certification before a federal agency approves a license that could result in hazardous discharge into America’s waters. Additional state or local requirements may also apply.
- Section 404:Section 404 requires you to obtain a permit from the U.S. Army Corps of Engineers (USACE) if you plan to place dredged materials in wetlands or other waters.
Special Materials and Waste Management
Consideration of waste management and special materials is crucial for construction site environmental compliance. Construction companies must create plans for properly handling and disposing of hazardous waste, such as varnish, asbestos, and contaminated soil.
Any construction, demolition or renovation in a pre-1978 building can create dangerous lead dust that can be a hazard to the community and surrounding wildlife. Construction companies must take steps to safely handle and remove these hazardous materials. In many cases, complete demolition may be easier than renovation.
Wildlife
A core segment of environmental compliance is considering the surrounding wildlife and ecosystem. Companies should aim to minimize the negative impacts of construction work on species and habitats while achieving building goals. Installing wildlife passages, artificial repellents, and barriers are examples of mitigation measures .
One typical example of wildlife considerations is migratory birds. Construction companies can prevent damage by conducting nest surveys and buffers. Workers can also avoid clearing vegetation during nesting periods to leave birdlife undisturbed.
Common Violations and How to Avoid Them
Construction environmental management can be challenging to master. It can be easy to overlook certain factors, but the legal and financial ramifications can be severe. Here are some common violations and how to avoid them:
Stormwater
Stormwater runoff is one of the most common violations. It often contains pollutants that can affect the surrounding plant and animal life. Regulations for stormwater vary by state , so companies should perform a visual assessment and check that their plan aligns with stormwater rules.
Spills
Spills are common violations because companies often exclude emergency spills from their preconstruction plans. Companies should implement specialized protection and maintenance when handling oils and hazardous chemicals. If a spill does occur, workers should have a clear plan for containing it. The company should also notify the U.S. Environmental Protection Agency (EPA) in the event of large-scale spills that may harm the environment and surrounding ecosystems.
Air
Companies should limit the quantity of hazardous air pollutants and volatile organic compounds (VOCs) resulting from construction. They must obtain a permit to work with and release these pollutants. It’s a common violation because it’s easy to overlook, but companies must routinely check air quality at construction sites to meet EPA requirements.
Best Management Practices (BMPs)
To preserve the ecosystems, communities, and environments around them, many construction companies adopt BMPs to keep workers educated. Here are the best management practices for construction site environmental compliance:
- Preserve vegetation:Where possible, avoid removing or damaging surrounding vegetation. Minimizing clearing efforts and incorporating barriers are two common techniques to achieve this.
- Phase construction:Plan construction activities so that large patches of soil aren’t exposed for extended periods. Implement site stabilization activities so that after the work is done, the land can be returned close to its original state.
- Inspect silt fencing:Regularly check and maintain silt fences, and ensure that the bottom of the fence is still buried deeply.
- Cover ground-level hazards: Use ground protection mats to cover ground-level hazards and prevent animals from becoming trapped or injured.
- Meet documentation and reporting requirements:Ensure that your company and the project meet the documentation and reporting requirements of Section 404 and other legislation requiring proof of planning and licenses or certifications.
- Keep the area clean:Inspect the jobsite, surrounding streets, and storm drains for debris and runoff. Periodically clean the surrounding area, including street sweeping when appropriate.
- Control storm water:Communicate storm water controls to all parties and subcontractors to control potential spills and misplacement of pollutants and debris. A stormwater prevention plan (SWPP) provides important documentation and a plan for all parties to follow.
- Create a stabilized construction entrance:An SCE prevents vehicles and equipment from tracking debris onto adjacent streets. You can create an SCE from gravel or rip rap. Additionally, some sites have wheel washing areas to prevent vehicles from tracking mud outside the jobsite.
Why Trust Us?
If you need industry-leading legal representation, Calabrese Law Associates should be your first call. We practice across a comprehensive range of areas , including real estate law, litigation and trial representation, contract preparation and negotiation, and construction law throughout the Greater Boston Area.
Since 2012, we’ve efficiently served clients statewide, bringing state and federal court experience and a streamlined, five-department structure for top delivery and cost-effectiveness. Our clients and their interests are our top priority — we make their goals ours and work for the best possible outcome.
Need more convincing? We’ve received strong client feedback , and our managing attorney, Peter G. Calabrese, has demonstrated insightful thought leadership and was featured in Fortune, Boston Magazine, and Forbes.
Navigate Construction Environmental Compliance With Calabrese Law Associates
Navigating construction environmental compliance may feel daunting, but with the right construction law attorney guiding you through its complexities, you can find the best possible outcome. Calabrese Law Associates is brimming with talented, experienced, and knowledgeable lawyers ready to help you tackle your legal challenges.
We are dedicated to ethical and transparent representation, offering confidentiality and clear communication. If you want accessible and responsive service, we’re just a call away. Curious? Contact us today for a personalized evaluation of your circumstances.
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This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
