Step 2: Normative Requirements Pass (Discussion)

Section Content:

Facts:
Engineer R, a licensed professional engineer in State I with extensive knowledge of environmental regulation learns that a ZZZ Truck Stop will be constructed adjacent to a waterway, specifically a creek; the proposed truck stop is quite close to the location where the creek discharges into a major river in the state.
R is aware that the site was used in the past for what would today be characterized as an illegal fill; however, the site was not regulated while it was filled.
The county surveyor corroborated R’s observations but confirmed that filling occurred before current regulations were in place.
As a result of the fill, the proposed construction site is not in a flood plain.
Engineer R sees plans for the truck stop and learns the underground fuel storage tanks will be located close to the creek.
Firm C is in a national partnership with ZZZ, and it provides a wide array of site services including taking a project from conceptual site layout through the final design of grading, utilities, and stormwater for complex spaces like the truck stop.
Engineer H is employed by firm C and will present the project for approval by the county drainage board at a public hearing.
Engineer R testifies as a member of the public about concerns with fill material and its characteristics, potential of underground tanks to leak, and the proximity of tanks to the creek , acknowledges that in its present condition, the site technically complies with floodplain requirements, but requests the Drainage Board and ZZZ’s design firm take into consideration the site history and asks that they look for a different location for the fuel storage tanks.
R also points out that analysis of State I’s Department of Environmental Management Leaking Underground Storage Tank Database shows that 6% of the underground tanks installed in the previous 5 years experienced a reportable leak or spill.
Following up R’s presentation, the Drainage Board vice president asks Engineer H about R’s testimony.
H stated the tanks were set back substantially from the creek due to the large site plan.
H also indicated the site’s grading is designed so that if a surface spill occurred, the spill would flow back to the pavement area and not directly toward the creek.
Person B, a representative of ZZZ, also responded and pointed out that fuel storage tanks were generally placed where they have good access for tanker trucks and there is a reasonable run for the fuel lines to the dispensing pumps.
Person B said they would speak with their environmental team to see if there are any other measures they can take.
The Drainage Board vice president thanked all for their testimony and then the Drainage Board voted to approve the plan.
After construction begins, R observes the tank locations were not changed.
R also learns that Engineer H is not licensed in State I, but is licensed in State O.