Concrete washout on the jobsite - who's responsible?
Posted on Fri, Nov 11, 2011 @ 10:53 AM
I've covered the topic of "washout" on a jobsite before (see the article I wrote entitled "Jobsite Washout or Chute Rinseoff") - there should be no "washout" on a jobsite! Washout generally means (in concrete terms) the washing out of the interior of the back of a concrete mixer truck. This shouldn't, and usually doesn't, happen at a jobsite.
Instead, the activity in question is rinsing. Rinsing of the concrete truck delivery chutes after concrete is poured, and maybe some additional rinsing of a scraper to assist the pour, the chassis or other areas if they were splashed with some concrete or got muddy from the drive into the site, etc. This is what occurs at a jobsite. In addition, site contractors usually will need to rinse their tools after placing and finishing the concrete pour.
Okay, so who is in charge of rinsing activities at jobsites? Consider this:
- If the rinsing activity is being done in the wrong location (such as near a catch basin, drainageway, stream or other water body, etc.), it's usually the concrete mixer driver who gets in trouble, and who gets cited for one or more environmental offenses, often violating the Clean Water Act by discharging pollutants to surface waters without a permit.
- New laws are being proposed in many locations to prohibit this, by requiring chute bucket devices, or concrete "washout" containers be placed on sites (this is happening right now in New York City).
- These actions seem to target the ready mixed producer unfairly, by making it appear that they bear all the responsiblity.
All construction sites in the United States (typically over 1 acre in size) are required to have an NPDES Construction General Permit (yes, a Clean Water Act permit!). That permit should require, among other things, that a Stormwater Pollution Prevention Plan (SWPPP) or equivalent, be developed and implemented to address the potential discharge of pollutants from activities that are going to occur during construction. Shouldn't this include rinsing activities? Shouldn't this be included in the plans, and enforced by environmental inspectors?
So who is really responsible on these sites - the concrete producer who may be forced to spend considerable money to solve this problem, or the developer / contractor who has the NPDES permit?
Sound practices at jobsites are everyone's job, including both the ready mixed producer and the site contractor. But, do we need new rules placing stricter conditions on pouring concrete at jobsites, or enforcement of existing rules?
What do you think?
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