Next Steps

Essential to transportation permit streamlining is what happens after permit decisions are made. Without compliance with environmental laws, regulations, policies, and permits, transportation project delivery itself is compromised. The Transportation Permit Efficiency and Accountability Committee (TPEAC) identified compliance as an essential element of its work, and as such effected action to make compliance improvement a priority. The work of TPEAC’s Compliance, Training, and Reporting Subcommittee has improved compliance tracking, communication, and awareness across the regulatory agencies, the Washington State Department of Transportation (WSDOT), local governments, and contractors.

While much has been done, further gains can still be made. Following identifies key next steps for further action and support by TPEAC members and the Governor’s Office of Regulatory Assistance.

• Continued tracking for compliance
• Improved wetland mitigation compliance:

  Improvements can be made through better planning for mitigation site locations and goals, better guidance from agencies on permitting expectations.

• Improved tracking on mitigation successes:

  Improvements can be made through inspections, consistent reporting, agency review of sites that are complete.

• Development of an auditing form for compliance:

  An auditing form for compliance could provide consistency and awareness on what agencies are looking for when in the field.

• Sustained emphasis on staff training:

  This includes training for: resource agency permit managers and compliance inspectors; WSDOT inspectors; maintenance, environmental and construction staff; and contractors.

• Consideration of a joint compliance form and having one agency conduct initial inspections for each other:

  The Corps of Engineers, EPA, and Ecology are working to develop a standard inspection form and process to share information and improve compliance.

• Coordination of common permit conditions:

  Resource agencies should work together to coordinate common permit conditions and develop Standard Specifications to reflect the permit conditions.

 

History/Background Information

The Compliance, Training, and Reporting Subcommittee worked to develop a compliance, training, and reporting framework. Environmental compliance is planning, designing, building, maintaining and operating a transportation system while avoiding, minimizing, or mitigating environmental impacts; meeting federal, state, and local legal requirements; meeting permit conditions; and being accountable for results.

The Subcommittee developed multiple compliance and training products, resulting in:

• Enhanced Tracking — Agency databases make tracking for compliance easier.
• Improved Agency Notification — Agencies are made aware of potential or actual violations sooner, resulting in more timely responses.
• Better Communication — Avoiding potential situations that could result in a violation.
• Increased Permit Modifications — Agencies have experienced a large increase in permit modifications, indicating that the compliance awareness has improved, and solutions are being completed rather than just doing the work without the benefit of permit.
• Increased Training — Statewide compliance training and permit training for environmental and design staff was developed by WSDOT in 2005. The compliance training has been provided for all WSDOT contractors, environmental managers, and construction and maintenance supervisors and appropriate staff to highlight the compliance requirements, and provide guidance on improving compliance and permitting. Additionally, the Association of General Contractors has provided the training to contractors. Compliance training is ongoing and is offered several times a year. For more information on all WSDOT environmental training, please see WSDOT's Environmental Training website.

The Local Government Task Force implemented the following to contribute towards improved compliance:

• The WSDOT Developer Services Manual was institutionalized in September 2005. The manual provides clear guidance to local governments regarding the requirements and procedures for reviewing developer services applications.
• Both the AWC and WSAC have provided educational opportunities to their respective local government members through the following forums:
  • American Public Works Association (Washington Chapter) — Presentation made Spring, 2005.
  • Washington State Association of County and Regional Planning Directors and Washington City Planning Directors Association — Presentation made Fall, 2005.
  • City Engineers Association of Washington — Presentation made Winter, 2005, and March, 2006 publication on the “Development Services Manual.”
  • County Road Administrative Board — Presentation made Summer, 2005.
  • Association of Washington Cities — Presentation made at annual conference, Summer, 2005.
  • Washington State Association of Counties — Presentations made at Eastern and Western District meetings Spring, 2005.
  • Washington State Association of Counties — Education booths at Eastern and Western District Meetings — Scheduled for May, 2006.
  • Association of Washington Cities— Workshop and Education Booth at annual meeting scheduled June, 2006 and update to AWC web-site linking TPEAC web-site.
  • Washington Highway User Association— To be Scheduled.
  • Infrastructure Assistance Coordinating Council — To be Scheduled.
  • Municipal Research and Services Center of Washington — To be Scheduled.
  • Transportation Improvement Board — To be Scheduled.
  • Public Works Board — To be Scheduled.

  WSDOT will work with AWC and WSAC to continue to provide this information and to use these forums to discuss use of programmatic permits and to include streamlining progress updates from ORA and WSDOT in their respective newsletters and web-sites. The Associations will continue to work with the WSDOT to coordinate training opportunities such as WSDOT “primer” course designed to help facilitate a faster “learning curve” about WSDOT project delivery and operations for local government staff.

• The Task Force worked with the Department of Ecology to clarify when letters of exemptions for routine maintenance work are required under the Shoreline Management Act. Ecology will update their SMA website to reflect these discussions. WSDOT will develop internal guidance consistent with SMA for use by their maintenance personnel.

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Ongoing/Related Efforts

WSDOT has developed an Environmental Management System (EMS) specifically focused on environmental compliance. An EMS represents a comprehensive approach for addressing the environmental issues of an organization. It includes the policies, procedures, tools, training, and auditing elements required to ensure that environmental requirements are effectively and efficiently met. WSDOT generally follows the EMS requirements identified in the International Organization for Standardization ISO 14001 Standard. WSDOT’s EMS addresses environmental compliance for Construction, and for Road Maintenance. Work is underway to expand WSDOT’s EMS to cover the Tumwater Materials Laboratory and Maintenance Facilities.

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