Managing Institutional Managing Institutional

Controls Using Utility Controls Using Utility

Notification ServicesNotification Services

ByBy

Paul Zahn, Utah LUST ProgramPaul Zahn, Utah LUST Program

Why Leave Contamination InWhy Leave Contamination In--

Place?Place?

�� Pressure to minimize cleanup costsPressure to minimize cleanup costs

�� State Cleanup FundsState Cleanup Funds

�� LUST Trust FundsLUST Trust Funds

�� Private Industry and small ownersPrivate Industry and small owners

�� Limited state resources (staff)Limited state resources (staff)

�� EPA cleanup goalsEPA cleanup goals

�� Risk based decision making tools Risk based decision making tools

availableavailable

UtahUtah’’s LUST Programs LUST Program

�� Risk Based Decision MakingRisk Based Decision Making

�� Can close sites with contamination above cleanup Can close sites with contamination above cleanup

standards standards

•• Evaluation of risk to human health and environmentEvaluation of risk to human health and environment

•• Cost effectiveness of cleanupCost effectiveness of cleanup

•• Availability of technology to use for cleanupAvailability of technology to use for cleanup

�� Can use institutional controls/environmental Can use institutional controls/environmental

covenantscovenants

•• Engineering controlsEngineering controls

•• Land use restrictionsLand use restrictions

UtahUtah’’s LUST Programs LUST Program

�� Use of Environmental Covenants/Institutional Use of Environmental Covenants/Institutional

ControlsControls

�� Mutual agreement between property owner and DEQMutual agreement between property owner and DEQ

�� Runs with the land and may have time limitsRuns with the land and may have time limits

�� Typically describes nature of contaminationTypically describes nature of contamination

�� Location and extentLocation and extent

�� Describes limitations and controlsDescribes limitations and controls

•• Engineering controlsEngineering controls----such as barriers, corrective action such as barriers, corrective action

systems, site capssystems, site caps

•• Land use restrictions and limitations, zoning regulations, Land use restrictions and limitations, zoning regulations,

deed restrictionsdeed restrictions

Monitoring Environmental Monitoring Environmental

Covenants?Covenants?

�� How do you ensure site controls are maintained How do you ensure site controls are maintained in the future?in the future?�� Are new site owners/bankers aware of the controls Are new site owners/bankers aware of the controls

and their responsibilities to maintain?and their responsibilities to maintain?

�� Do excavators/contractors know they may be digging Do excavators/contractors know they may be digging up contamination?up contamination?

�� Who is responsible for monitoring controls?Who is responsible for monitoring controls?

�� What are the costs associated with monitoring What are the costs associated with monitoring controls and how are the costs funded?controls and how are the costs funded?

�� Do we really want to leave contamination inDo we really want to leave contamination in--place?place?

One Call Utility Notification CentersOne Call Utility Notification Centers

�� Most states have laws requiring notification prior to any Most states have laws requiring notification prior to any excavationexcavation

�� Utah law defines "excavation" as "an operation in which earth, rUtah law defines "excavation" as "an operation in which earth, rock, ock, or other material or other material on or belowon or below the ground is moved or displaced by the ground is moved or displaced by tools, equipment, or explosives." tools, equipment, or explosives."

�� Utility members have certain timeframe to mark locationsUtility members have certain timeframe to mark locations

�� Utility location marks expire (14 days in Utah)Utility location marks expire (14 days in Utah)

�� Restricts digging within certain distances from marksRestricts digging within certain distances from marks

�� Most Most ““One CallOne Call”” notification services are free to customersnotification services are free to customers

�� Members/Utility owners pay for the servicesMembers/Utility owners pay for the services

�� Location requests can be phoned in or online by excavators Location requests can be phoned in or online by excavators

How UtahHow Utah’’s Ones One--Call (Blue Stakes) Call (Blue Stakes)

Environmental Notification Works Environmental Notification Works �� DEQ provides Blue Stakes with site coordinatesDEQ provides Blue Stakes with site coordinates

�� Excavator notifies center by phone or onExcavator notifies center by phone or on--lineline

�� Identifies location by address or GPS coordinatesIdentifies location by address or GPS coordinates

�� If the location of the excavation is within the If the location of the excavation is within the ““sitesite””, an , an email is sent to DEQ.email is sent to DEQ.

�� LUST project managers and section manager receives LUST project managers and section manager receives email and reviewsemail and reviews

�� As necessary, project manager contacts excavator to As necessary, project manager contacts excavator to discuss the contamination and any restrictions discuss the contamination and any restrictions

�� Project manager documents call in case file and emails Project manager documents call in case file and emails managermanager

• UTDERR 00001 UTAHa 08/06/10 11:04:29 A02180280-00A NORM NEW GRID

• Ticket : A02180280 Rev:00A Taken: 08/06/10 11:00• Old Tkt: A02180280 Taken: 08/06/10 11:00 Oper: _KORY

• Submitted: 08/06/10 11:04 Oper: _KORY Chan:123• Legal date: 08/10/10 11:00• Good Thru : 08/20/10 11:00 Update By: 08/18/10 11:00

• State: UT Cnty: SALT LAKE Place: SALT LAKE CITY

• Subdivision:

• Address :• Street : W NORTH TEMPLE ST

• Cross 1 : N 1000 W Within 1/4 mile: N• Side of St: Side of Lot: Digging in Rd: Y• Svc Side of St: SEE LOCATE FIELD Depth:• Location: W NORTH TEMPLE ST=100 N. FRM WEST SIDE OF GVN INSXN STK WEST ALONG• NORTH TEMPLE ST STKNG TO REDWOOD RD AT 1700 W WHILE STKNG 60 FT INTO FRONTAGES

• ON NORTH SIDE OF RD, STK 30 FT INTO FRONTAGES ON SOUTH SIDE OF RD, & LONG XNG• NORTH TEMPLE ST FOR THAT STRETCH.• :• Grids : 4046C11155A 4046C11155B 4046C11155C 4046C11155D 4046C11156C• Grids : 4046C11156D

• P&D: N Work type: INSTALLING WATER & SEWER LINES• Done for : UTA• Ug/Oh/Both: U Expl/Blast: N Boring: N Railroad: U Emergency: N Meet: N

• Company : BRINKERHOFF EXCAVATING Phone: 801-XXX-XXXX• Co addr : 3131 W 1200 N• City : OGDEN State: UT Zip: 84404• Caller : JORDAN XXXXXXX Phone: 801-XXX-XXXX Type: E• Contact : DAVE Phone: 801-XXX-XXXX

• BestTime:• Fax : 801-XXX-XXXX

• Members: ATTLS1 CCUT3 INTEGRA1 MCI OCLQS2 QLNUT5 QWEST1 RMPSL1 SLCORP

• Members: SLWTR UDOTR2 UTDERR XOCOMS

• View map at:• http://newtin.bluestakes.org/newtinweb/map_tkt.nap?Operation=MAPTKT&TRG=A00218028000A&OPR=D72wseXL2shT8vcGx

Map view for ticket C002430350-00C

Work area view for ticket C002430350-00C

Ortho view for ticket C002430350-00C

Called and advised. They may place Called and advised. They may place

underground phone lines near the frontage underground phone lines near the frontage

of the Blanding Chevron. of the Blanding Chevron.

>>> Eqderrbluestake 8/27/2010 10:14 AM >>> Eqderrbluestake 8/27/2010 10:14 AM

>>>>>>

You are setup to get forwarded email from You are setup to get forwarded email from

the "eqderrbluestakes@utah.gov" email the "eqderrbluestakes@utah.gov" email

account.....account.....

PortlandPortland’’s 1997 Pilot Project s 1997 Pilot Project

�� Oregon DEQ identified 8 sites (UST and nonOregon DEQ identified 8 sites (UST and non--UST UST sites) in Portland to study for 8 monthssites) in Portland to study for 8 months

�� Project ModelProject Model�� If If ““One CallOne Call”” received a utility locating request at one of received a utility locating request at one of

these sites, the these sites, the ““One CallOne Call”” operator would read a scripted operator would read a scripted message.message.

�� ““One CallOne Call”” would notify ODEQ of proposed excavationwould notify ODEQ of proposed excavation

�� ODEQ sends excavator fact sheet about contamination and ODEQ sends excavator fact sheet about contamination and restrictions.restrictions.

�� Study results recommended statewide implementation Study results recommended statewide implementation

�� ODEQ applied for membership with the ODEQ applied for membership with the ““One CallOne Call””system, however existing members did not approve.system, however existing members did not approve.

Cost Associated with UtahCost Associated with Utah’’s s

Blue Stakes Notification Blue Stakes Notification

�� Membership SetMembership Set--Up Fee = $150.00Up Fee = $150.00

�� Annual Membership Fee = $50.00Annual Membership Fee = $50.00

�� Notification ChargesNotification Charges�� Email Delivery = $0.93 per notificationEmail Delivery = $0.93 per notification

�� Modem Delivery = $1.11 per notificationModem Delivery = $1.11 per notification

�� Fax Delivery = $1.33 per notificationFax Delivery = $1.33 per notification

�� Voice Delivery = $3.50 per notificationVoice Delivery = $3.50 per notification

�� Voice Emergency Delivery= $2.50 per Voice Emergency Delivery= $2.50 per notificationnotification

UtahUtah’’s Notification History s Notification History

�� 11 LUST sites 11 LUST sites

AUGUST 2009 AUGUST 2009 –– JULY 2010JULY 2010

�� Total Notifications = 169Total Notifications = 169

�� Approx. 3/ weekApprox. 3/ week

�� Notifications associated North Temple Notifications associated North Temple

site= 62site= 62

�� 37% of total notifications37% of total notifications

�� Costs for one year = $211.42Costs for one year = $211.42

Site SelectionSite Selection

�� Environmentally, Politically Sensitive SiteEnvironmentally, Politically Sensitive Site

�� Site has need for controlsSite has need for controls

�� Environmental CovenantEnvironmental Covenant

�� Public concerns about contamination left inPublic concerns about contamination left in--

placeplace

�� High priority siteHigh priority site

�� Nearby receptorsNearby receptors

�� Cleanup effort is no longer cost efficientCleanup effort is no longer cost efficient

BenefitsBenefits

�� Low costLow cost

�� Resolves DEQResolves DEQ’’s monitoring s monitoring obligations/Aware of activitiesobligations/Aware of activities

�� Saves DEQ time and moneySaves DEQ time and money

�� Helps eliminate potential problems before Helps eliminate potential problems before they happenthey happen

�� Notifies excavators that Notifies excavators that controls/contamination are presentcontrols/contamination are present

�� Protects workersProtects workers

Barriers to OvercomeBarriers to Overcome

�� Obtaining membership to OneObtaining membership to One--Call CenterCall Center�� OnOn--Call Center may have concerns about expanding their Call Center may have concerns about expanding their

missionmission•• Not traditional Utility MemberNot traditional Utility Member

•• DEQ does not own contaminationDEQ does not own contamination

•• DEQ does not mark contamination DEQ does not mark contamination

�� How do you screen sites to be in the How do you screen sites to be in the ““systemsystem””

�� Who pays for costs?Who pays for costs?

�� Development of internal notification systemDevelopment of internal notification system�� Who is notified?Who is notified?

�� Responsibilities?Responsibilities?

�� FollowFollow--upup

�� Administrative Rules?Administrative Rules?