Chapter 13 - § 13.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 13.1 • INTRODUCTION

Our modern, technology-based society is friendly to contemporary lifestyles but threatening to our health and the natural world. Stereotypical large smokestack factories and supertanker oil spills are not our only pollution problems. In our everyday lives, more mundane incidents, like domestic pesticides sprayed indiscriminately or paints and solvents flushed down drains or casually tossed into the trash, cause landfill and water pollution. These large and small environmental problems are a sustained focus of attention for lawmakers and citizens alike.

Unsurprisingly, the construction industry is an active target of environmental liability and regulation. During the last 30 years, federal and state legislatures have enacted complex, far-reaching environmental laws that touch the construction industry in significant ways. Indeed, asbestos, PCBs, and underground storage tanks are now common terms in the construction business.

Contractors, owners, and design professionals are increasingly at risk of liability to government agencies and private parties for the investigation and cleanup of hazardous materials discovered at or brought to the construction site. Even ordinary activities like routine equipment maintenance can lead to substantial liability if mismanaged. Penalties and damages can easily run to hundreds of thousands or millions of dollars in substantial incidents.

It is for these reasons that the construction industry must understand the nature of environmental risks. Proper management of environmental legal obligations must be a high business priority. Attending to environmental hazards is important not only because it is the "right thing to do." Compliance is good business. It saves both money and time, two of the most important aspects of any construction project.

The problems briefly described below are common regulatory difficulties faced by the construction industry. Each is discussed in more detail in the remaining sections of this chapter.

• Maintenance. Tool and equipment maintenance activities can cause environmental liability for a contractor if proper practices are not followed. For example, fuel storage tanks of sufficient size require a spill prevention control and countermeasure plan (SPCC plan) and secondary containment provisions to meet water quality regulations. Waste motor oil and antifreeze must be stored and disposed of in acceptable ways. Used oil filters and lead-acid batteries must be properly collected

...