Siting a Truck Stop
Case 17
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Engineer R fulfilled ethical obligations regarding environmental concerns at the site of the truck stop through public testimony. If R believes that there is a danger to public health, safety and welfare, R could choose to raise the concerns to a higher regulatory authority. Engineer H’s testimony constituted the unlicensed practice of engineering and was consequently unethical. [However, practitioners should consult the governing statutes and regulations to determine the applicable definition of the practice of engineering.] Engineer R has an obligation to report H’s unlicensed practice of engineering to State I authorities. Engineer H did not act ethically by failing to address the potential for leaks in underground storage tanks during the presentation and questioning, whether by explaining how the issue had been addressed or by agreeing to re-examine the plans in light of the issue.
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Old BER cases are a rich trove of resources for engineers like R to turn to for guidance about environmental concerns and voicing these concerns publicly. In BER Case 79-2 , engineers A and B collaborated on an assignment to make studies and final contours for an existing sanitary landfill. After several presentations to the town council A and B were directed to prepare a new design for the existing site at higher final contours - the new design would provide for a hill 100 feet higher than originally proposed. Engineer C, a resident of the town contended the new design will be environmentally unsound. One of the questions the BER was asked to resolve in 1979 was if it was ethical for C to publicly challenge the design approach adopted by A and B. The BER pointed to BER Case 63-6 where they observed “There may...be honest differences of opinion among equally qualified engineers on the interpretation of the known physical facts.” They also stated that “it is not unethical for engineers to offer conflicting opinions on the application of engineering principles, or to criticize the work of another engineer, at hearings on an engineering project, in the interest of the public, provided such criticism is offered on a high level of professional deportment.”
BER Case 20-4 is particularly relevant. In this situation, engineers A and B find themselves at odds with a metropolitan water commission (MWC) that is in favor of changing the water supply source to one which A and B believe cannot be used safely before additional study and plant capital investment. In Case 20-4 , the MWC overruled the engineering judgment of A and B. The BER concluded that
“The formal presentations satisfy Engineer A’s and Engineer B’s duty to report. However, in the event that these formal presentations fail to sway the MWC to change its plans, given the gravity of the danger to public health and safety, Engineers A and B have an obligation to further pursue the matter.”
These two cases confir...
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Engineer R, a licensed professional engineer in State I with extensive knowledge of environmental regulation learns that a ZZZ Truck Stop will be constructed adjacent to a waterway, specifically a creek; the proposed truck stop is quite close to the location where the creek discharges into a major river in the state. R is aware that the site was used in the past for what would today be characterized as an illegal fill; however, the site was not regulated while it was filled. The county surveyor corroborated R’s observations but confirmed that filling occurred before current regulations were in place. As a result of the fill, the proposed construction site is not in a flood plain. Engineer R sees plans for the truck stop and learns the underground fuel storage tanks will be located close to the creek.Firm C is in a national partnership with ZZZ, and it provides a wide array of site services including taking a project from conceptual site layout through the final design of grading, utilities, and stormwater for complex spaces like the truck stop. Engineer H is employed by firm C and will present the project for approval by the county drainage board at a public hearing.Engineer R testifies as a member of the public about concerns with fill material and its characteristics, potential of underground tanks to leak, and the proximity of tanks to the creek , acknowledges that in its present condition, the site technically complies with floodplain requirements, but requests the Drainage Board and ZZZ’s design firm take into consideration the site history and asks that they look for a different location for the fuel storage tanks. R also points out that analysis of State I’s Department of Environmental Management Leaking Underground Storage Tank Database shows that 6% of the underground tanks installed in the previous 5 years experienced a reportable leak or spill.Following up R’s presentation, the Drainage Board vice president asks Engineer H about R’s testimony. H stated th...
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Has Engineer R fulfilled ethical obligations by raising concerns and providing public testimony? Is it ethical for Engineer H to speak before the Drainage Board if Engineer H is not licensed in State I? After R learns that Engineer H is not licensed in State I, does R have any additional responsibilities? Note that in the public record, H is simply identified as “person H of Firm C Engineers.” Engineer H’s response to the Board vice-president’s question about R’s testimony addressed concerns with above-ground spills (“the spill will flow back to the pavement area, not directly toward the creek”). Did Engineer H have an obligation to address the issues R raised regarding an underground leak?
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I.1.
Hold paramount the safety, health, and welfare of the public.
Subject Reference
Duty to the Public
I.3.
Issue public statements only in an objective and truthful manner.
Subject Reference
Public Statements and Criticism
II.1.f.
Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required.
III.2.d.
Engineers are encouraged to adhere to the principles of sustainable development 1 in order to protect the environment for future generations.
Footnote 1 "Sustainable development" is the challenge of meeting human needs for natural resources, industrial products, energy, food, transportation, shelter, and effective waste management while conserving and protecting environmental quality and the natural resource base essential for future development.
Subject Reference
Sustainable Development
III.3.a.
Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact.
Subject Reference
Advertising
Self-Promotion
III.8.a.
Engineers shall conform with state registration laws in the practice of engineering.
Subject Reference
Licensure Laws
Similar Cases
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Find Similar CasesD-tuple Component Breakdown
127
Total Entities9/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Public Interest Environmental Witness Engineer
A licensed professional engineer who, acting as a private citizen or member of the public rather than in a formal...
Out-of-State Licensed Design Presentation Engineer
A licensed professional engineer who presents a project for regulatory approval in a jurisdiction where the engineer...
Firm C National Franchise Site Engineering Firm
Engineering firm in national partnership with ZZZ that provides comprehensive site engineering services for the...
ZZZ Truck Stop Developer Client
The commercial development entity proposing to construct a truck stop adjacent to a creek, retaining Firm C for site...
Public Hearing Design Engineer
A licensed professional engineering role in which an engineer who prepared original design documents for a public...
Commercial Development Owner Representative
A non-engineer representative of a commercial development entity who participates in regulatory approval...
County Drainage Board Regulatory Authority
A public regulatory body or board responsible for reviewing and approving drainage, stormwater, and site development...
Engineer R Public Interest Environmental Witness
Licensed PE in State I who testifies at the county drainage board public hearing as a member of the public, raising...
Engineer H Out-of-State Licensed Design Presentation Engineer
Engineer employed by Firm C who presents the ZZZ truck stop project for approval at the county drainage board public...
Person B ZZZ Commercial Development Owner Representative
Non-engineer representative of ZZZ who responds to public testimony at the drainage board hearing, explains the...
County Drainage Board Regulatory Body
The county regulatory body that conducts the public hearing on the ZZZ truck stop project, receives testimony from...
Resident Engineer Public Interest Challenger
A licensed professional engineering role in which an engineer who is also a community resident publicly challenges...
Engineer B Sanitary Landfill Design Engineer
Engineer B collaborated with Engineer A on the sanitary landfill design and presentations to the town council,...
Engineer R Resident Engineer Public Interest Challenger
Engineer R testified at the public hearing before the Drainage Board raising concerns about site fill issues and the...
Waterway Creek Affected Community
The community whose primary waterway (creek discharging into a major river) is at risk from potential fuel storage...
National Franchise Site Engineering Firm
A private engineering firm operating in a national partnership or franchise arrangement with a commercial client,...
Engineer H Public Hearing Design Engineer
Engineer H testified before the Drainage Board on behalf of Firm C regarding the commercial site development...
Engineer A Sanitary Landfill Design Engineer
Engineer A collaborated with Engineer B on studies and final contours for an existing sanitary landfill, made...
Engineer C Resident Challenger Landfill Design
Engineer C, a resident of the town, publicly challenged the new sanitary landfill design prepared by Engineers A and...
19 entities
Principles
P
w=0.2
384D
Licensure Integrity Violated By Engineer H Unlicensed Practice
Engineer H presented a project for regulatory approval and provided technical testimony before the County Drainage...
Public Interest Engineering Testimony Obligation Fulfilled By Engineer R
Engineer R, leveraging extensive knowledge of environmental regulation and the State I LUST database, provided...
Objectivity Obligation Applied To Engineer R Public Testimony
Engineer R issued public statements at the drainage board hearing in an objective and truthful manner, acknowledging...
Unlicensed Practice Prohibition Violated By Engineer H
Engineer H presented engineering work and provided technical responses to regulatory questions before the County...
Qualification Transparency Violated By Engineer H Identification In Public Record
Engineer H was identified in the public record only as 'person H of Firm C Engineers' without disclosure of...
Completeness In Responsive Technical Testimony Violated By Engineer H
Engineer H responded to the Drainage Board vice president's question about Engineer R's testimony by addressing only...
Objectivity Violated By Engineer H Selective Testimony
Engineer H failed to issue public statements in an objective and truthful manner by omitting material information...
Escalation Obligation When Initial Regulatory Report Is Insufficient
Professional principle requiring engineers who have made formal presentations to a regulatory body about public...
Public Welfare Paramount Invoked By Engineer R At Drainage Board Hearing
Engineer R testified as a member of the public about environmental and safety risks posed by underground fuel...
Unlicensed Practice Reporting Obligation Triggered For Engineer R
After learning that Engineer H is not licensed in State I, Engineer R acquires knowledge of an alleged violation of...
Public Interest Engineering Testimony Obligation
Professional principle requiring licensed engineers who possess specialized knowledge of environmental, safety, or...
Completeness in Responsive Technical Testimony
Professional principle requiring engineers who provide technical testimony or responses to questions before...
Fact-Based Disclosure Obligation Satisfied By Engineer R
Engineer R grounded public testimony in established facts - county surveyor corroboration of fill history, LUST...
Escalation Obligation Triggered For Engineer R Post-Construction
After construction begins and Engineer R observes that tank locations were not changed despite testimony, the...
14 entities
Obligations
O
w=0.15
384D
Engineer C Public Interest Landfill Design Challenge
Engineer C was obligated, as a licensed professional engineer and town resident with technical knowledge indicating...
Out-of-State Practice Licensure Compliance Obligation
Duty of a licensed professional engineer who provides verbal engineering input at a public regulatory hearing in a...
Engineer H Out-of-State Licensure Compliance ZZZ Truck Stop Drainage Board
Engineer H was obligated, before providing verbal engineering input at the County Drainage Board public hearing in...
Engineer R Public Interest Environmental Testimony ZZZ Truck Stop Drainage Board
Engineer R was obligated, as a licensed professional engineer with technical knowledge of potential environmental...
Engineer R Fact Grounded Technical Opinion Drainage Board
Engineer R was obligated to express technical opinions at the County Drainage Board public hearing only when those...
Engineer A Engineer B Public Safety Escalation Water Commission
Engineers A and B were obligated, after their formal presentations to the Metropolitan Water Commission failed to...
Public Hearing Testimony Completeness Obligation
Duty of a licensed professional engineer providing verbal engineering input at a public regulatory hearing - where a...
Public Interest Environmental Testimony Obligation
Duty of a licensed professional engineer who, acting as a private citizen or member of the public, possesses...
Sustainable Development Environmental Testimony Obligation
Duty of a licensed professional engineer providing engineering testimony or input at a public regulatory hearing -...
Engineer H Public Hearing Testimony Completeness ZZZ Truck Stop
Engineer H was obligated, when testifying before the County Drainage Board on behalf of Firm C regarding the ZZZ...
Engineer H Sustainable Development Environmental Testimony ZZZ Truck Stop
Engineer H was obligated, when providing engineering testimony before the County Drainage Board regarding the ZZZ...
Engineer H Objective Complete Reporting Drainage Board Testimony
Engineer H was obligated to be objective and truthful in testimony submitted to the County Drainage Board, and to...
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
Firm C was obligated, as the engineering firm responsible for the ZZZ truck stop project, to ensure that the...
13 entities
States
S
w=0.1
384D
Engineer R Confirmed Risk Without Adequate Safeguards
The documented and unmitigated risk of fuel contamination to the creek from underground storage tanks on a...
Unlicensed Practice by Engineer H in State I
Engineer H's performance of engineering services and regulatory presentations in State I without holding a State I...
Regulatory Body Override of Engineering Judgment State
State in which a regulatory or administrative body has overruled the professional engineering judgment of licensed...
Historical Unregulated Fill Site State
State in which a proposed construction site was previously filled with materials that would today be classified as...
Underground Storage Tank Proximity Risk State
State in which underground fuel storage tanks are proposed or installed in close proximity to a waterway, creek, or...
Engineer H Out-of-State Licensure Only in State I
Engineer H's licensure status relative to State I, where engineering services are being performed and regulatory...
Engineer R Public Testimony Safety Concern Dismissed by Drainage Board
Engineer R's documented safety concerns regarding fill, tank proximity, and leak risk, presented at the public...
Drainage Board Override of Engineer R's Safety Judgment
Engineer R's professional judgment regarding underground tank proximity risk and site fill hazards, overridden by...
Engineer H Potential Unlicensed Practice at Public Hearing
Engineer H's provision of verbal engineering input at the Drainage Board public hearing in a jurisdiction where H's...
Engineer R Post-Hearing Escalation Obligation
Engineer R's documented safety concerns regarding underground tank proximity and historical fill site, presented at...
Professional Opinion Conflict at Public Hearing State
State in which two or more licensed professional engineers hold and publicly express conflicting technical opinions...
Engineer H Testimony Evasion of Tank Leak Concerns
Engineer H's oral testimony before the Drainage Board regarding the project, specifically H's redirection away from...
ZZZ Underground Storage Tank Creek Proximity Risk
Underground fuel storage tanks proposed and constructed in close proximity to the creek at the ZZZ Truck Stop site
Engineer C / Engineer R Public Challenge of Peer Design
Engineer R's (and historically Engineer C's) conflicting technical opinion versus Engineers A/B and Engineer H at...
Out-of-State Licensure Only State
State in which a professional engineer is performing engineering services and presenting work for regulatory...
ZZZ Truck Stop Site Historical Fill Condition
The proposed ZZZ Truck Stop construction site adjacent to the creek
Environmental Hazard - Creek and River Contamination Risk
The creek and its discharge point into the major river, threatened by proximity of underground fuel storage tanks on...
Public Safety at Risk - Waterway Contamination
Public safety and environmental welfare threatened by potential fuel contamination of the creek and major river
Engineer R Qualified to Perform - Environmental Regulatory Assessment
Engineer R's competence and licensure to assess environmental regulatory compliance and risk in State I
Engineer R Regulatory Compliance Context - State I Environmental Regulation
The regulatory framework governing the ZZZ Truck Stop project, including floodplain regulations, underground storage...
Unverified Concern - Fill Material Characteristics
Engineer R's concern about the characteristics of the historical fill material and its potential to affect tank...
Public Testimony Safety Concern Dismissed State
State in which a licensed professional engineer has presented documented technical safety concerns at a public...
Testimony Incompleteness and Evasion State
State in which a licensed professional engineer, while testifying at a public hearing on which a regulatory body is...
23 entities
Resources
Rs
w=0.1
384D
NSPE Code of Ethics - Professional Obligation III.2.d
Cited as an additional basis for finding Engineer H's redirection of conversation away from underground tank leak...
Underground Storage Tank Siting Standard
Professional norms, regulatory requirements, and industry guidelines governing the placement and siting of...
BER Case 95-5
Referenced as precedent establishing that selective use of facts in engineering reports and testimony is...
State Engineering Licensure Statutes
Referenced as the governing legal authority for determining whether Engineer H's verbal engineering input at a...
Floodplain Compliance Standard
Regulatory and technical standards governing whether a construction site falls within a designated flood plain,...
NSPE Code of Ethics for Engineers
Governs Engineer R's obligation to testify about public safety concerns regarding underground fuel storage tank...
BER Case 20-4
Referenced as the most directly applicable precedent establishing that when formal presentations to a governing body...
State I Department of Environmental Management Leaking Underground Storage Tank Database
Cited by Engineer R in public testimony before the Drainage Board to quantify the statistical risk of underground...
State I Engineering Licensure Law
Governs the requirement that Engineer H be licensed in State I to present and seal engineering work for approval...
State I Environmental Compliance Regulations for Waterway Protection
Provides the regulatory framework within which the ZZZ Truck Stop site design must comply, including protections for...
Unlicensed Practice Reporting Standard (State I)
Governs Engineer R's obligation upon learning that Engineer H is not licensed in State I but is presenting...
Qualitative Risk Assessment for Underground Tank Proximity to Waterway
Provides the structured professional methodology underlying Engineer R's testimony estimating the likelihood and...
BER Case 79-2
Referenced as precedent establishing that engineers have an obligation to bring forward environmental concerns...
BER Case 63-6
Referenced within BER Case 79-2 to establish that honest differences of opinion among qualified engineers are...
Leaking Underground Storage Tank Database
A state environmental agency database tracking reportable leaks and spills from underground fuel storage tanks,...
Underground Storage Tank Siting and Setback Standards
Governs the acceptable setback distance and spill containment design for underground fuel storage tanks relative to...
Floodplain Compliance Standard for Construction Site Classification
Establishes that the historically filled site technically falls outside the flood plain, creating the ethical...
NSPE Code of Ethics - Canon 1.3
Cited as directly addressing objectivity and truthfulness obligations relevant to Engineer H's conduct in testimony...
NSPE Code of Ethics - Completeness of Reports Provision
Cited as the specific code provision violated by Engineer H's selective omission of information about underground...
19 entities
Actions
A
w=0.1
384D
Person B Promises Environmental Consultation
Drainage Board Approves Plan Without Conditions
R Investigates Site History
ZZZ Proceeds Without Tank Relocation
R Testifies at Public Hearing
H Redirects Testimony Away from Leak Risks
R Investigates H's Licensure Status
7 entities
Events
E
w=0.08
384D
Underground Tank Proximity Risk Identified
Drainage Board Approval Granted
Tank Locations Remain Unchanged
H's Unlicensed Status Confirmed
Historical Illegal Fill Discovered
LUST Database Leak Rate Established
6 entities
Capabilities
Ca
w=0.07
384D
Engineer R Unlicensed Practice Reporting Obligation Engineer H
Engineer R possessed the capability to act on the recognition of Engineer H's unlicensed practice by formulating and...
Engineer H Design Re-examination Commitment Failure ZZZ Truck Stop
Engineer H failed to exercise the capability to either explain how Engineer R's underground leak concerns had been...
Engineer R Public Interest Environmental Testimony Obligation Fulfillment ZZZ Truck Stop
Engineer R demonstrated the capability to fulfill public interest environmental testimony obligations by raising...
Engineer R Environmental Risk Assessment and Public Testimony ZZZ Truck Stop
Engineer R possessed advanced capability to assess and communicate the environmental risks posed by underground fuel...
Engineer R Unlicensed Practice Identification Engineer H ZZZ Truck Stop
Engineer R possessed the capability to identify that Engineer H's verbal engineering input at the County Drainage...
Engineer R Fact-Grounded Technical Opinion LUST Database ZZZ Truck Stop
Engineer R demonstrated the capability to ground public technical opinions in established facts - including state...
Selective Testimony Redirection Recognition and Resistance Capability
Capability of a licensed professional engineer providing testimony at a public regulatory hearing to recognize when...
Underground Storage Tank Environmental Risk Communication Capability
Capability of a licensed professional engineer to recognize, analyze, and communicate the specific environmental...
Engineer H Out-of-State Licensure Compliance Failure ZZZ Truck Stop
Engineer H lacked or failed to exercise the capability to recognize that providing verbal engineering input at the...
Engineer R Public Interest Environmental Witness Escalation Assessment ZZZ Truck Stop
Engineer R possessed the capability to assess whether the Drainage Board's approval of the ZZZ truck stop - without...
Engineer H Sustainable Development Testimony Integration Failure ZZZ Truck Stop
Engineer H failed to exercise the capability to integrate sustainable development principles into testimony...
Engineer H Selective Testimony Redirection Underground Tanks ZZZ Truck Stop
Engineer H failed to exercise the capability to provide complete, objective testimony addressing all material...
Post-Approval Construction Monitoring and Escalation Capability
Capability of a licensed professional engineer who raised environmental or public safety concerns at a public...
Design Re-examination Commitment Capability
Capability of a licensed professional engineer presenting a design at a public regulatory hearing to recognize when...
Firm C Subcontractor Ethical Oversight Engineer H Testimony ZZZ Truck Stop
Firm C failed to exercise the capability to maintain active ethical oversight of Engineer H's testimony at the...
15 entities
Constraints
Cs
w=0.08
384D
Engineer H Unlicensed Practice Reporting Constraint State I ZZZ Truck Stop
Engineer R, upon learning or having reason to believe that Engineer H was providing verbal engineering input at the...
Engineer R Public Interest Environmental Testimony Professional Deportment Constraint ZZZ Truck Stop
Engineer R was constrained, when publicly challenging Engineer H's engineering approach at the County Drainage Board...
Engineer H Opposing Engineer Concern Response Obligation ZZZ Truck Stop Drainage Board
Engineer H was constrained, upon being confronted at the County Drainage Board hearing with Engineer R's documented...
Post-Dismissal Safety Escalation Constraint
Ethical and professional constraint requiring that a licensed professional engineer whose documented safety concerns...
Engineer H Verbal Engineering Testimony Jurisdictional Licensure ZZZ Truck Stop State I
Engineer H was constrained from providing verbal engineering input at the County Drainage Board public hearing in...
Verbal Engineering Testimony Jurisdictional Licensure Constraint
Regulatory and legal constraint establishing that a licensed professional engineer who provides verbal engineering...
Opposing Engineer Concern Response Obligation Constraint
Ethical and professional constraint requiring that a licensed professional engineer who is presenting engineering...
Engineer R Post-Drainage-Board Dismissal Escalation Constraint ZZZ Truck Stop
Engineer R, having formally presented documented safety concerns regarding underground fuel storage tank proximity...
Engineer H Testimony Completeness Sustainable Development ZZZ Truck Stop
Engineer H was prohibited from selectively omitting or redirecting away from information about underground fuel...
Engineer R Fact-Grounded Opinion Constraint ZZZ Truck Stop Drainage Board
Engineer R was constrained to express technical opinions at the County Drainage Board public hearing only when those...
Firm C Subconsultant Ethical Compliance Oversight ZZZ Truck Stop Engineer H Testimony
Firm C, as the engineering firm responsible for the ZZZ Truck Stop project and the entity on whose behalf Engineer H...
11 entities
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