Due Diligence
Projects involving the construction of a new building (including annexes and modulars) require investigations by the MEC of the site per 415 ILCS 5/58.16 for Construction of a School in Illinois, including a Phase I Environmental Site Assessment (ESA). The objective of the Phase I ESA is to identify recognized environmental conditions (RECs) indicative of releases and threatened releases of hazardous substances on, at, in or to the site under assessment.
The Phase I ESA is performed in accordance with ASTM E1527-13 (or current version) satisfying “All Appropriate Inquiries” (AAI) and completed without any intrusive sampling activities. Activities involved in the Phase I ESA include, but are not limited to, the following:
- A site reconnaissance and interviews with any individuals associated with or having knowledge of the site operations;
- A review and evaluation of current and historical information pertinent to environmental conditions on the property (such as SanbornTM maps, aerials, topographic maps, city directories, etc.);
- A review of available financial records (such as any liens against the property);
- Environmental records available through Freedom of Information Act regulations, such as those from local, state and federal sources;
- An environmental database search; and
- Development of the Phase I ESA Investigation Report with all supporting documents, as appendices.
If the Phase I ESA indicates that there are RECs associated with the site, a subsequent detailed environmental scope of work shall be prepared by the MEC to receive additional funding to conduct a Phase II ESA. The detailed scope of work typically provides an approach to investigate identified RECs identified at the site. The Phase II ESA should be conducted in accordance with the ASTM E1903 Standard Practice for Environmental Site Assessment Process. A Phase II ESA SOW can include, but is not limited to, the following:
- Surficial soil and subsurface borings for sampling for contaminants of concern;
- Soil vapor gas sampling for contaminants of concern;
- Groundwater monitoring well installation, sampling and analysis;
- Geo-physical or electromagnetic surveys for buried tanks and drums;
- Test pit investigations to determine the presence of buried tanks or waste; and
- Drum sampling, if found, to characterize the contents for off-site waste disposal.
Remedial action may result from the information identified during the Phase II ESA and it is expected that the parameters and financial impact of any remediation will be estimated at this stage. The MEC is responsible for preparing specifications and drawings related to proper soil handling and management on the project site and environmental remediation. The plans and specifications should coordinate with all design/construction bid documents prepared by the Architect of Record (AOR) and their team to assure consistency and collaboration among documents as well as city, state and federal environmental regulations.
New Sites in the Site Remediation Program
The Illinois Compiled Statutes 415 ILCS 5/58.16 – Construction of school; requirements apply to all new schools being developed by CPS in the state of Illinois. According to the statue, “If the Phase II Environmental Audit discloses the presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property: (i) the real property is enrolled in the Site Remediation Program, and (ii) the remedial action plan is approved by the Agency (Illinois Environmental Protection Agency), if a remedial action plan is required by Board regulations.” The MEC is responsible for:
- Providing cost effective remediation design strategies to remedy environmental conditions;
- Working in concert with the civil, architectural, structural and landscape designers to make sure all subgrade drawings and the environmental drawings are coordinated at each stage of design;
- Providing environmental remediation design drawings, soil management plan, specifications and reports to include in bid documents;
- Enrolling and managing CPS projects through the IEPA Site Remediation Program on CPS’s behalf which includes, but may not be limited to, the following scope:
- Under the supervision of, an Illinois licensed professional engineer, preparing a Comprehensive Site Investigation Report (CSIR) as outlined in 35 Ill. Adm. Code 740 and 742 that includes creating environmental sampling work plans and conducting site investigations inclusive of sampling, analyses and field screening measurements to characterize the nature, concentration and extent of contaminants of concern based on the RECs identified in the Phase I ESA.
- Completing and submitting SRP Applications and Service Agreement Forms (DRM Forms) to the IEPA on behalf of CPS.
- Preparing the Remediation Objectives Report/Remedial Action Plan (ROR/RAP) utilizing the Tiered Approach to Corrective Action Objectives (“TACO”) procedure set forth in 35 Ill. Adm. Code 742. The RAP must describe the proposed remediation strategy and evaluate its ability and effectiveness to achieve the remediation objectives approved for the remediation site. This Plan and Report ties directly into the architectural, civil, structural, and landscape plan documents in terms of how soil materials are used on site, capped or disposed of. The RAP must be approved by the IEPA prior to commencement of construction activities per Illinois Compiled Statutes 415 ILCS 5/58.16 – Construction of school.
- Generating detailed remediation plans for required IEPA submittals.
- Responding to IEPA comments to submitted documents under IEPA review as appropriate.
- Paying IEPA SRP fees on behalf of CPS.
- Preparing the Remedial Action Completion Report (RACR).
- Coordinating with IEPA to obtain a final No Further Remediation (NFR) letter of the proposed site and building. The final NFR must be issued by the IEPA prior to occupancy of the building for educational purposes per the regulations.
Based on the Phase II ESA and CSIR, if environmentally impacted soils are encountered at a site, and if soil excavation and disposal is elected as a feasible remedial action, impacted soils should be excavated, managed and disposed of as detailed in the environmental specifications and soil management plan (described below.) The environmental design package should clearly identify the scope to ensure that the work complies with the IEPA guidelines and/or the ROR/RAP (if enrolled in the IEPA SRP.)
Sites Already Enrolled in the Site Remediation Program
The MEC, as part of their site evaluation phase, are responsible to search the Illinois Environmental Protection Agency (IEPA) Bureau of Land Site Remediation Program database during the due diligence process to determine if the school site has been enrolled in the SRP and has received a No Further Remediation (NFR) letter. If the school site is in the SRP already, the MEC will review the NFR letter to determine whether there are engineered barriers (caps) or institutional controls associated with the school site. If there are caps at a school site, which may be disturbed as part of the project or institutional controls required, the MEC is responsible to embed specialized requirements into the bid documents and generate specifications and a soil management plan in order to maintain the integrity of the NFR.
If environmentally impacted soils are known on a site, and if soil excavation and disposal is elected as part of the new scope of work, impacted soils should be excavated, managed and disposed of as detailed in the environmental specifications and soil management plan. Modifications of any cap shown on the NFR Site Base Map shall be also reported to the IEPA upon the completion of construction.
Soil Management Design Packages
Each design package will require a soil management package to be generated by the MEC for any soil or subsurface materials that leave a CPS project site. It is the responsibility of the MEC to review the soil analysis and site historical information to determine how the site waste materials shall be handled and provide drawings and specifications to reflect such management. If records indicate that there is a potential for soil contamination or underground storage tanks, the MEC typically samples the site and generates the appropriate specifications and drawings that reflect the areas of the site with special soil or tank removal, disposal and/or capping conditions. The soil management design package should contain a soil management plan delineating the waste streams of materials leaving the site and ones that can stay, a Scope Sheet and a disposal specification. There are three waste classifications traditionally identified on soil materials leaving CPS project sites: 1) Clean Construction or Demolition Debris; 2) Non-Hazardous Special Waste; or 3) Hazardous Waste.
- Clean Construction or Demolition Debris
If records and site assessments do not indicate any RECs on the new school site and that it is not a “potentially impacted property” as defined in 35 Ill. Adm. Code 1100, the soils may qualify for disposal to a clean construction and demolition debris (CCDD) facility, pending the results of a site inspection and pH analysis of site soils. What constitutes “uncontaminated soil” for purposes of CCDD and uncontaminated soil fill operations is defined in 35 Ill. Adm. Code 1100. - LPC-662 Process
If the MEC’s professional engineer or professional geologist determines that the soil is not from a potentially impacted property, a soil sample will be collected in the vicinity of the future construction area and will be analyzed for pH following modified method 9045D in SW-846 Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods published by the United States Environmental Protection Agency (US EPA). An IEPA LPC-662 Form will be completed by the MEC and sent to CPS for approval and to obtain the appropriate signature. The LPC 662 form and pH analytical results shall be placed in the bid package alongside the CCDD specifications. The pH shall comply with the standard range of 6.25 to 9.0 to be allowed to be sent to the CCDD site. - LPC 663 Process
If a property is determined to be a potentially impacted property, then any soil from that property must be evaluated, sampled and certified by either a professional engineer or a professional geologist using the IEPA LPC-663 form before it can be placed in a CCDD site. Soil materials testing below the 35 Ill. Adm. Code 1100. Subpart F established Maximum Allowable Concentrations of Chemical Constituents In Uncontaminated Soil Used as Fill Material At Regulated Fill Operations can be sent to a CCDD facility. The soil will be analyzed for pH following modified method 9045D in SW-846 Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods published by the United States Environmental Protection Agency (US EPA). An IEPA LPC-663 Form will be completed by the MEC and sent to CPS for approval and to obtain the appropriate signature.
The LPC 663 form shall be placed in the bid package alongside the CCDD specifications. The pH shall comply with the standard range of 6.25 to 9.0 to be allowed to be sent to the CCDD site. Any soil materials leaving a CPS site with levels above 35 Ill. Adm. Code Part 742, Residential Soil Remediation Objectives (Appendix B, Table A) or above the 35 Ill. Adm. Code 1100.Subpart F established Maximum Allowable Concentrations of Chemical Constituents In Uncontaminated Soil Used as Fill Material At Regulated Fill Operations leaving a CPS site shall be specified by the MEC to be disposed of at a licensed subtitle C or D landfill facility. - Special and Non-Special Waste/ Hazardous Waste
During the environmental due diligence process, if a property is determined to have RECs, the site sampling identifies materials that exceed 35 Ill. Adm. Code Part 742, Residential Soil Remediation Objectives (Appendix B, Table A) and that said material is determined to leave the site during development, then the appropriate specifications and drawings that reflect the areas of the site with special soil removal, disposal and/or capping conditions shall be placed in the bid package by the MEC. The MEC will provide a waste determination on behalf of CPS and the specifications and drawings will reflect where a waste should be disposed. In many cases, the soil materials are sent off as Special Waste, Non-Hazardous Special Waste or in rare cases as a Hazardous Waste. The complete statutory and regulatory requirements for this waste evaluation process can be found in the Illinois Environmental Protection Act and Title 35 of the Illinois Administrative Code of Regulations.
As mentioned previously, a soil management design package should contain a soil management plan delineating the waste streams of materials leaving the site, a Scope Sheet and a disposal specification. These documents are prepared based upon findings from environmental records review, site sampling and environmental assessments. - Soil Management Plan
The MEC will prepare a Soil Management Plan to provide information regarding existing soil regulatory conditions for soil materials that require movement on the site, excavation, removal, and disposal. As mentioned, the condition of the materials is determined by the MEC once they have provided a full environmental assessment of the site and soils. The Soil Management Plan should use an engineering scale in the preparation of all drawings which is consistent with the civil drawings. The MEC should identify the regulatory condition of each type of materials present on site which may include the following:- Hazardous Waste;
- Non-Hazardous Special Waste;
- Clean Construction Demolition Debris-Uncontaminated Soil; and
- Recyclable materials (clean concrete and asphalt, materials with no lead-based paint or staining)
Documents shall state that any imported material (backfill, top soil and CU Structural Soil) not exceed APPENDIX B, SECTION 742, TABLE A; TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES (TACO): 35 ILL. ADM. CODE 742 values for 35 ILL. ADM. CODE 740 APPENDIX A Target Compound List (TCL) parameters. No proposed imported material will be accepted for use prior to its pre-approval from the MEC. - Site Scope Sheets
CPS has generated a scope sheet template for varying environmental work types, including soil disposal. The MEC is responsible for generating this scope sheet to include in the bid documents which describes to the bidders which soil specifications apply to the soils to be excavated and disposed off-site. - Disposal Specifications
CPS has standardized soil management and disposal specifications for the three types of soil waste including:- Clean Construction or Demolition Debris
- Non-Hazardous Special Waste
- Hazardous Waste
Underground Storage Tanks
If an UST is discovered during the site assessment process, the UST removal shall be designed in accordance with applicable local, state and federal regulations including, but not limited to Illinois EPA, United States Environmental Protection Agency (USEPA), Illinois Office of the State Fire Marshal (OSFM), and Occupational Safety and Health Agency (OSHA) regulations. It is the MEC’s responsibility to:
- Generate a UST removal drawing to:
- Show the location and size of underground storage tank(s) to be removed, if present; and
- Provide information regarding each tank size, depth, content, presence of hold-down pad or saddles, limit of UST excavation.
- Provide the appropriate backfill specifications that shall state that any imported material (backfill, top soil and CU Structural Soil) not exceed APPENDIX B, SECTION 742, TABLE A; TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES (TACO): 35 ILL. ADM. CODE 742 values for 35 ILL. ADM. CODE 740 APPENDIX A Target Compound List (TCL) parameters. No proposed imported material will be accepted for use prior to its pre-approval from the MEC.
CPS determines whether the UST area shall be sampled in advance of generating the bid documents or after the UST has been pulled. Typically the MEC conducts a pre-investigation to determine if remedial actions are required in advance of bid document generation, however, it is difficult to identify whether a release of contamination occurred around a tank until it is removed from the ground, as a tank can not be pre-sampled below ground. It is the MEC’s responsibility to determine the appropriate regulatory requirements and actions that apply on CPS projects for specific USTs identified, any releases that occurred, and proposed remediation and delineation of those USTs in the bid documents.