Environmental Protection

BMPs prevent or reduce the pollution of the waters of the state. BMPs include schedules of activities, prohibitions of practices, water treatment, special operating procedures, and other practices that control site runoff, spillage, or drainage from outdoor materials storage.

Construction activity as defined in 40 CFR § 122.26(b). It includes disturbing land to change topography or soil cover. Examples of construction activity include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is part of a larger common plan of development if the larger common plan will ultimately disturb one acre or more.

An ESA summarizes property use history and the recognized environmental conditions. The document identifies materials that will need to be abated or further investigated prior to construction, remodeling or demolition. The report includes a Phase 1 ESA and may in addition evaluate the presence of other hazardous materials and environmental conditions. The report may recommend conducting a Phase II investigation or preparing an Environmental Contingency Plan that will contend with potential risks that are likely to be discovered during construction or demolition.

An ESA may include an evaluation of the following hazards:

• Asbestos
• Pesticides
• Heavy metals such as lead and mercury
• Storage tanks and petroleum
• Water infiltration and mold
• Radiation closeout surveys/decontamination
• Hazardous chemicals
• Biohazardous agents
• Regulated refrigerants including chlorofluorocarbons (CFCs) are likely to be discovered during construction or demolition

If a chemical waste fits any of the categories listed in Federal (EPA 40 CFR 261) or Minnesota (Minnesota Rules Chapter 7045) regulations, it is defined as a hazardous chemical waste by regulation. This includes chemical wastes specifically listed (P-, U-, F-, K- lists) or chemical waste that demonstrates a characteristic of ignitability, corrosivity, reactivity, toxicity, lethality, or contains polychlorinated biphenyls. There are, however, other chemical wastes which have not been defined as hazardous by regulation which should be managed as hazardous chemical waste. These include: carcinogens, reproductive toxins, or any other chemical waste which poses a threat to public health or the environment when disposed of as a non-hazardous waste.

Any direct or indirect non-storm water discharge to the storm drain system, except as exempted under this policy.

An illicit connection is defined as:

• A surface or subsurface conveyance which allows an illegal discharge to enter the storm drain system. Illegal discharges include sanitary sewage, process wastewater and wash water. Discharges are illegal even if the connection had been previously permitted by a government agency; or
• Any drain or conveyance connected to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the University.

General, group and individual storm water discharge permits that regulate facilities defined in federal NPDES regulation pursuant to the Clean Water Act or under state adopted implementation plans as applicable.

This study follows a commercial and customary practice in the United States for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products. The Phase I will meet the requirements of the American Society for Testing and Materials (ASTM) Practice E 1527. These documents will typically be prepared by a QEC for a property that the University is acquiring.

An investigation designed to evaluate the recognized environmental conditions identified in the Phase I ESA. It is intended to provide information regarding the nature and extent of contamination; to assist in making informed business decisions about the property; and satisfy legal requirements for an innocent purchaser defense. The Phase II will meet the requirements of the ASTM Practice E 1528. These documents will typically be prepared by a QEC for a property that the University is acquiring.

Pollutants may include hazardous waste such as pesticide, herbicide, dissolved and particulate metals, paint and varnish, chemical solvent, oil or other automotive fluids. Pollutants also include non-hazardous yard waste, refuse, rubbish, garbage, and litter and residues from building construction such as concrete rinse water. Pollutants include agricultural and animal waste.

The University maintains a list of consultants with expertise in environmental sciences and engineering. Consultants on the list have been prequalified to work on environmental projects at the University.

ASTM E1527-13 defines this term as the "presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property."

Facilities that collect and convey storm water such as roads, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, channels, reservoirs. and other drainage structures.

Any runoff from land including snow melt and surface drainage from precipitation.

A plan for stormwater discharge that includes all required content under Part III of the NPDES/SDS Construction Permit MN R100001 and which describes the erosion prevention BMPs, sediment control BMPs and Permanent Stormwater Management Systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint source pollution.

The MPCA Voluntary Investigation and Cleanup (VIC) Program provides technical assistance and administrative or legal assurances for individuals or businesses seeking to investigate or cleanup contaminated property.

Wetlands are defined as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.” (40 CFR 230.3(t)) Due to their dependence on hydrology, wetlands are closely aligned with water resources. Wetlands can be located on the fringes of streams, rivers and lakes.

A wetland delineation report determines the wetland boundary and type by describing the dominant vegetation, hydrology and landscape position. It describes the transition to adjacent upland and the basis for the wetland delineation line. The wetland delineation report must include registered survey information describing boundaries.