110.05 Off Right-of-Way Locations. Contractors’ borrow, waste, storage, and other sites off of the project right-of-way are not covered by the NPDES Permit or Section 404 Permit obtained by the Department.
The Arkansas Department of Environmental Quality requires an NPDES permit for an off right-of-way site if the disturbed area is over 1 acre. It is the Contractor’s responsibility to prepare and implement a storm water pollution prevention plan and to apply for the NPDES permit. The installation, inspection, and maintenance of erosion control items in off-site locations are the responsibility of the Contractor. However, the Department retains the right and authority to enforce Contractor compliance as per Section 110.01 of the Standard Specifications. Payment for erosion control items in off- site locations is not made separately, but is considered a part of the cost for furnishing the other items of the Contract.