Note that regulations may change by project, project phase, state, and county. The applicable legal documents are hundreds of pages, so we listed the most common/most easily spotted violations below. Reviewing the Environmental Impact Statement (EIS) issued by the WI DNR and the Environmental Protection Plan (EPP) issued by the US Army Corps of Engineers will better prepare you to find violations and how to know which regulatory agency to contact with potential violations.
Find legal documents related to the Line 5 reroute at https://watchline5.com/wi-legal-documents/
GENERAL VIOLATIONS
Fallen or missing fences, markers or signage:
a. There should be signage at the entrance to the construction site. It should specify any endangered species habitat. If you see any endangered species but no signs, take pictures of both.
b. Fallen or missing safety fencing.
c. Fallen or missing goalpost safety flagging
Failing ECDs (erosion control devices):
ECDs that have fallen (letting through sediments or murky water) or missing (indicated by sediments flowing or blowing off of the RoW). Silt fences or stockings that are damaged, not secured, or overflowing. A strategic time to check is after rainfall of 0.5 inches or more, because you will see whether ECDs are functioning.
Failing water containment systems at dewatering sites:
Water overflowing from containment structures (like hay bales), puddles downhill of the structures, or water from the structures flowing off the easement. This indicates that they are pumping water more quickly than the containment system can handle. They may be exceeding the water withdrawal limits set by the DNR Water Resources Division. Check the overflow for obvious signs of contamination (smell of gas, oily sheen, etc.) A strategic time to observe is during/after a rainstorm, to observe runoff patterns (especially if contaminated water is flowing into waterways).
Construction work, driving, or parking outside of construction Right of Way (RoW)
a. Construction work must happen within the RoW boundaries.
b. Improper use of access roads. Crews must remain on the designated roads and RoWs. Driving outside the easement with construction equipment is not allowed.
c. Construction vehicles must be parked in designated construction/parking areas, and not on public property.
Pollution or waste outside of the permitted areas:
a. Dust plumes leaving the construction easement. Dust control is required by the Construction Site General Permit, Permit No. WI-S067831-6. The DNRs Air Quality Division is the regulatory agency, but they likely would not respond to a violation, unless it is disastrous.
b. Trucks tracking mud from construction sites to public roads or outside of construction areas.
c. Brush, wood chips, debris, or other waste from excavation site outside of the permitted construction areas. (Regulated by WI DNR Water Resource Division).
d. Spilled fuel or other fluids. Contaminants may look like a sheen or like turbidity (mud stirred up in water.) Regulated by WI DNR Remediation and Redevelopment Division.
Improper working conditions:
a. Lack of signalers directing traffic at road or trail crossings
b. Workers without proper safety gear such as hard hats. Regulated by OSHA
Lack of required equipment:
a. In wetland sites or dewatering sites, there must be containment devices beneath equipment to catch potential fuel or oil leaks, for example a plastic lining or tray beneath equipment. Example: pumps in dewatering sites must have secondary containment so gasoline does not spill into the water table. (p 32 of EPP)
b. Gas or diesel containers must be in contained areas with “flammable” signage
No endcaps on pipes welded to the pipeline sitting in the trench.
Endcaps are required when work is not actively happening as a safety measure, so no one goes inside of the pipes.
Smell of gasoline— it may indicate that pumps have hit a plume of contaminant. Regulated by WI DNR’s Remediation and Redevelopment Division
Illegal burning— it is common. Call the local fire marshal. Be careful, dangerous chemicals may be released into the air. For example, during other pipeline construction, used matting contaminated with toxins and felled trees have been chipped and burned in huge piles.
Contractors harassing or interfering with individuals exercising treaty or public trust rights. Examples include confronting an individual engaged in lawful hunting, fishing, or trapping; impeding or obstructing a person who is engaged in those activities; or monitoring those individuals through direct personal or indirect electronic means (from https://midwestadvocates.org/wp-content/uploads/Pipeline-Monitoring-Guide.pdf)
HDD SITES VIOLATIONS
Lack of required construction vehicles. A vacuum truck and a backhoe must be present in case of a fracout. See p36 of the EPP for more details.
WETLAND VIOLATIONS – Read more on p 98-99; and Section 5.8 of EIS
1. No signage labeling wetland areas – examples: “Wetland Area 53” or “Waterbody 53.” The name of the waterbody is found in the EIS. The company’s rationale is that these signs are required so that workers do not drive through the wetland, in which the equipment would sink, and cause damage to the equipment.
2. Gas or diesel containers are not allowed in wetland areas (EIS, p 100)
3. All equipment parked overnight and/or being fueled has to be at least 100ft from a wetland or waterbody (EIS, p 100).
4. No refueling or greasing equipment is allowed in wetland areas – should be posted on a sign (EIS, p 100)
5. Lack of required secondary containment:
a. When refueling or maintenance activities are required within 100 feet of streams or wetlands, there must be secondary containment devices beneath equipment to catch potential leaks– like a plastic lining or tray beneath equipment.
b. There must also be adequate amounts of absorbent materials and containment booms on hand to enable the rapid cleanup of any spill which may occur (p 32 EPP)
6. Driving equipment in the wetlands, or off of equipment ramps
7. No sediment curtain (Erosion Control Devices) on creeks or improperly placed sediment curtains. An ECD should be placed to stop eroding sediments from entering the water body.
8. Water downstream from construction is stirred up/murky (i.e. turbidity). This is an erosion constrol problem and indicates the EDCs are not working.
9. Oil on creeks and wetlands (may appear as “rainbow” on water surface). WI DNR Remediation and Redevelopment Division regulates chemical spills.
a. To differentiate from natural oily sheens caused by decomposition in wetlands, break apart the residue with a twig. If it re-forms it is a petroleum product, if it stays apart it is natural.