The following terminology: “Disposal Site” and “disposal” are used throughout this document for consistency with the ODOT specifications. These same terms imply something different to regulatory agencies like DEQ where these terms imply a landfill. It needs to be clear, that in the context of this document a disposal site is not a landfill but rather a location where excess materials are placed for some beneficial use, or stored for planned future beneficial use.

ODOT has the ability to offer prospective or mandatory disposal sites. The terms, Prospective and Mandatory are defined in Section 160.00, subsection (a) and (b), in the Oregon Standard Specifications for Construction. The definitions presented are for material sources, but apply to disposal sites as well. Mandatory disposal sites should only be used when or if there are specific benefits to ODOT, such as the need for the material for future highway projects or reclamation of a site. If the mandatory option is selected and there is federal money involved in the project, a “Letter of Public Interest” must be prepared in advance of going to contract that details the public benefit of the making the site mandatory, and must have FHWA concurrence.

Most ODOT owned or controlled material sites may be considered for disposal of clean material such as excess excavation from projects, slide debris and ditch cleaning either on a permanent or temporary basis. Clean fill is rock, soil, concrete with or without rebar (provided the rebar is not exposed), brick, building block, tile, or asphalt paving (weathered and consolidated with no free oil), that does not contain contaminants that could adversely impact waters of the state or public health. Wood is not considered clean fill.

These common types of construction debris can be used for the purpose of reclamation, for example, incorporated into fill to flatten a final slope or used in an area that is exhausted and needs to be reclaimed. Clean fill can be stockpiled indefinitely as long as there is planned reuse of the material. Contaminated materials can be stockpiled for six months under a temporary permit from the Oregon Department of Environmental Quality (DEQ) if it is planned to be removed and used for embankment or other type of fill somewhere else in the source or on the highway. If this effort is managed appropriately, it can be beneficial to long term source development and reclamation as well as result in overall reduction in cost to construction or maintenance projects. The key is to properly manage this activity to make sure that it is consistent with the long term development strategy for the source.

It needs to be clearly understood, that material which meets the definition of clean fill becomes solid waste when the material is simply discarded at a site, such as indefinitely stockpiled or placed in an area that is still active and will require re-handling of the material. At this point the clean fill stockpile or waste site becomes an unpermitted landfill, requiring a DEQ landfill permit, which may or may not be approved. If approved the permit carries with it the requirements for long term monitoring. ODOT should not allow material sources, disposal sites or stockpile sites to become solid waste disposal sites for any reason. The planned reuse of stockpiled material needs to be a part of the strategy when identifying the placement of the material.

Disposal of the various types of construction debris is covered in the Standard Specifications in several different locations: 290’s, 310’s, 320’s, 330’s, 501’s and in the 620’s. In preparing to make a final decision related to a disposal site, take a moment to review these sections to make sure what is being proposed is consistent with the Standards.

Permitting of disposal sites is inconsistent around the state. In some areas, local jurisdiction may require some type of land use permit. In some counties, local jurisdiction may choose to permit activities on federal lands. If utilizing federal lands for disposal, a Special Use Permit (SUP) will likely be required. If you apply for a SUP, it will need to be sent to DAS Risk Management for review prior to ODOT placing final signatures on the permit, due to insurance issues.

If you have determined a need for disposal and identified a site where the project excess can be used in a beneficial manner, the following checklist may be helpful in stepping you through the process of setting up the proposed disposal site or sites.

The following checklist presents a linear process that should be used as a guideline for ODOT geologist and or engineers involved in disposal site development for either maintenance and/or construction projects. It needs to be recognized that even though this checklist is laid out in a linear fashion, many activities can be and should be conducted concurrently.

PROJECT:

EA:	START DATE:

PREPARED BY:	COMPLETION DATE:

SOURCE NAME:

Need to Complete	Complete	Not Applicable

Review existing properties including ODOT owned and controlled sources within the project vicinity and determine which properties, site and/or sites (if any) could be offered to meet the anticipated project needs for disposal. Let the Project Leader and Project Team know that a prospective disposal site(s) will be offered for the project and verify that the proper schedule elements are included. (This assumes that the need for a disposal site has been determined and that use of a state owned or controlled site was identified in the original scope of the project or has been agreed upon with the Project Leader or appropriate person(s)).

Verify the material to be disposed of will be “clean fill”, this likely will require involvement by the Region Hazmat Coordinator to confirm that the material is “clean”. If determined to not be “clean”, notify the Project Leader and Region Hazmat Coordinator that an ODOT controlled disposal site will not be used for the project.

Verify ownership of identified site or sites.

Notify Region Right of Way, in writing of the need for assistance if considering the use of privately owned properties for disposal of excess materials from a project. Work should begin at this early stage on some type of land use agreement with the property owner, either a lease, construction easement or some sort of written and binding permit of entry for use of the property or properties. This agreement is required to allow ODOT to control the site for this purpose, and to include it in the contract documents.

Review zoning of site(s) to determine what if any type of permitting will be required for the proposed activity. (Land use permitting for disposal sites is not straight forward, in some case no permit will be required, yet in other locations local land use permits may be required. Local permits may also be required on Federal land sites.)

Complete and distribute the Material Source Public Communication document, modified to fit the disposal activity (if appropriate).

Notify the Region Environmental Coordinator (in writing) of the intent to utilize the site(s) and request that they either confirm existing clearances or schedule the necessary environmental work (i.e. cultural, wetland, and T&E surveys). A timeline for completion or verification needs to be provided. Request that written confirmation of environmental clearance be provided. Obtain commitment to the timelines.

Request through the Project Leader that the site(s) be surveyed and that both a DTM and DGN with contours and other existing features be supplied. If property boundaries for the site(s) have not previously been established, request that a boundary survey be completed. Provide deadline for when this needs to be completed and obtain commitment to this date. If subsurface investigation will be completed related to stability concerns, coordinate when the drill hole locations will be surveyed (preferably at same time as the Topo survey). (***Keep in mind that survey requirements will vary with the site(s). What is needed will have to be determined on a site specific basis through discussion with the survey group. )

Contact the Region Hazmat Coordinator to determine whether subsurface contamination is likely based on past use of the site(s).

Determine if exploration is needed. For disposal site(s), stability concerns are generally the only reason that subsurface investigation would be required. Obtain permission(s) to explore if necessary (i.e. Permit of Entry, Special Use Permit, Free Use Permit). Obtain necessary environmental clearances needed to complete the investigation. (Note: Environmental clearances needed for exploration may or may not be the same as those needed for the overall project.)

If activities are proposed for private property, prior to field work being completed, make sure that the negotiations with the property owner(s) have been generally agreed to. Again, contact and coordinate with the appropriate Right of Way person assigned to this project. Do not invest more time and effort into a private property beyond what is needed to make a preliminary determination of suitability until an agreement has been reached with the property owner. (*** This does not mean, that work must stop until the agreement is completed and signed, only that ODOT needs a reasonable level of confidence that the property will be made available and the general terms have been agreed upon prior to field work beginning.)

If necessary and after obtaining or verifying environmental and hazardous material clearances associated with the investigation, implement the exploration plan. Either backfill/plug drill holes or install monitoring (geotechnical and/or hazmat) equipment. Complete OWRD Geotechnical Hole Report if holes are >18 feet.

Log holes, take core photos, and mark locations of holes clearly in the field and on the digital map (if received). If field mapping of the site is not yet complete let the survey crew know of the existence of the drill holes and how you have them labeled. Use a hand held GPS to locate holes and provide those coordinates to the survey crew. When gathering this data also obtain coordinates for an easily identifiable feature (i.e. power pole, fence corner, section corner, property corner). Ask them to survey the hole locations, and label them on the map.

Work with the Geotechnical Engineer to conduct stability analysis if applicable.

Receive groomed survey map(s) from the Survey Crew. Locate drill holes on map if not shown.

Confirm with the Project Designer, the estimated quantity of clean fill material for disposal.

Develop the site(s) Disposal Plan and Specifications. Calculate space available and verify that there is adequate available space to meet the projects disposal needs, accounting for any shrink/swell or construction/haul losses. Provide a copy of the Plan(s) and Specifications to the Project Team Leader and to the Project Designer at Preliminary Plans. (If you need assistance to develop erosion control measures for the site(s) contact the Erosion Control Unit.)

Verify that all environmental clearances have been obtained and are appropriate for the proposed development.

Put together the Disposal Plan(s), Specifications and reclamation concept and if permits are required, obtain appropriate permit fees, complete permit applications and prepare to send them to the appropriate permitting agency(s). DEQ permits may also be required.

If the site is on private property, make sure that R/W has obtained the signed final version of whatever type of agreement that was developed with the landowner allowing for ODOT use of the property.

Obtain Special Use Permit (USFS) / Free-Use Permit (BLM) if applicable. (If obtaining a SUP from the USFS, the permit must be sent to DAS Risk Management for review and concurrence prior to ODOT placing final signatures on the permit.)

If the decision has been made to identify the site as a mandatory disposal site, a “Letter of Public Interest” must be prepared and submitted to FHWA for their concurrence.

Contact (in writing) the Region Access Management Engineer (RAME) to determine if increased traffic at the access road will be a Change of Use (Division 51). If so, a new/modified District permit will need to be acquired.

Attend Public Hearing if required by the CUP, Zone Permit or other Local Land Use permits or reviews.

Finalize Specifications, adding federal or county conditions.

Reconfirm anticipated project quantities with the designer. Modify the Disposal Site Plan if necessary due to quantity changes or as a result of conditions from the county, state or federal agency.

Provide final copies of the Disposal Site(s) Plan and Specifications to the Designer, Specifications Writer, and Project Leader.

Develop and assemble the Disposal Site Narrative, which should include: copy of the Disposal Site(s) Plan(s), Specifications, CUP or Special Use Permit or Free-Use Permit, other permits, landowner agreement and a narrative-type description of development and reclamation concepts, and a narrative on the history of the site. Include any geotechnical concerns or other issues that a contractor will need to be aware of.

Review final plans and specifications for needed changes. If edits are required, submit the corrections to the designer, specification writer and project leader.

Complete a Construction Project Budget Worksheet.

Provide copies of the Construction Project Budget Worksheet and the Disposal Site(s) Narrative to the Project Manager and Project Team Leader for Contractor review 30 days before contract letting or prior to advertisement, whichever is earliest. Retain the signed original Disposal Site(s) Narrative in case additional copies are needed.

Update the ASIS (Aggregate Source Information System) with current site information and proposed use information if using a state owned or controlled material source for disposal purposes.

Determine the storage site (what server for electronic and what area for hardcopies) and naming convention for all of the electronic files associated with the development of the site(s): electronic site and vicinity maps (dgn’s), disposal site plans (dgn’s), digital terrain models (dtm’s), electronic photos, hole logs, specifications, letters and applications. Place all files accordingly.

TASKS
TASK	COMPLETION DATE	Who
Target	Actual
Review Quarry Files (Prior to Scoping the project)
Verify Type of material to be disposed with the Region Hazmat Coordinator
Verify Ownership
R/W Request (request, ideally 18 months prior to Preliminary Plans)
Review Zoning (is site still consistent with local land use and permits)
Contact Project Leader (follow up to scoping)
Site Visit(s)
Complete and distribute Material Source Public Communication document (modified for disposal activity)
Biological Request (request minimum of 1 year prior to Preliminary Plans; for plants, may have to be completed prior to drilling)
Archeological Request (request 1 year prior to Preliminary Plans may have to be completed prior to drilling)
Survey Request (request 1 year prior to Preliminary Plans; Coordinate locating of the drill holes)
Stake Drill Holes
Exploratory Drilling Contract
Verify HazMat Clearances prior to drilling
Exploratory Drilling (ideally completed prior to Topo survey being completed so holes can be located)
Final Logs/Core Photos
Evaluate Stability Concerns (2 months before Preliminary Plans)
Disposal Plan & Specifications
Confirm with R/W signed agreements for use of private land prior to applying for permits, if required
Apply for applicable permits (6+ months before final plans)
Prepare and submit a “Letter of Public Interest” (if mandatory)
Contact RAME due to Change of Use of the Access (Division 51) (6 months in advance of final plans)
Submit Disposal Plan & Specifications to Project Leader (for Preliminary Plans)
Attend County Permit Hearings
Submit SUP to DAS Risk Management for review (if applicable)
Verify all applicable permits have been obtained
Finalize Disposal Plan & Specifications (at Final Plans with permits in hand)
Narrative Package & Budget Worksheet Submittal (2 weeks prior to Advertisement)
Update the ASIS Database (before & after operations provided that it is applicable)
Place All Electronic Data in Predetermined Folders on Agreed Upon Server

Project deadlines based on the schedule, as of this date:

Preliminary Plans	___	Advanced	___	Final

Narrative & Worksheet	Bid Let Date