Siting a Truck Stop

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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
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D-tuple Component Breakdown

71

Total Entities

9/9

Components Populated

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Roles R
w=0.12 384D
Engineer H Design Presenter
Presents the truck stop project for approval at the public hearing, responds to the Drainage Board vice president...
County Drainage Board Approving Body
Conducts the public hearing on the truck stop project, receives Engineer H's presentation and Engineer R's public...
BER Ethics Review Board
Adjudicates the present case, confirming that Engineer R's formal presentation to the Drainage Board satisfied the...
Person B ZZZ Representative
Responds at the hearing on behalf of ZZZ, explaining that fuel storage tanks are generally placed for tanker truck...
Engineer R Testifying Engineer
Learns of the truck stop project adjacent to the creek, is aware of the site's illegal fill history, testifies as a...
Firm C Site Design Firm
Provides the site design services for the ZZZ Truck Stop under a national partnership with ZZZ, employing Engineer H...
ZZZ Truck Stop Client
The company whose truck stop is being constructed adjacent to the creek, served by Firm C's site design services,...
Drainage Board Vice President
Asks Engineer H about Engineer R's testimony following the presentation and thanks all for their testimony before...
County Surveyor Corroborator
Corroborates Engineer R's observations about the site fill but confirms that the filling occurred before current...
9 entities
Principles P
w=0.2 384D
Public Welfare in Truck Stop Siting
Engineer R voluntarily testifies at the public hearing about the illegal fill history, the leak potential of...
Licensure for Hearing Testimony
The Board opines that Engineer H's verbal engineering input to the Drainage Board, relied on in its decision-making,...
Environmental Stewardship near Creek
Engineer R, drawing on his extensive knowledge of environmental regulation, cites the State I Leaking Underground...
Licensure Compliance of Engineer H
Engineer H presents the truck stop project for approval before the county drainage board in State I while holding a...
Honesty in R's Public Testimony
While raising safety and environmental concerns, Engineer R candidly acknowledges that in its present condition the...
Discretionary Escalation by Engineer R
The Board states that Engineer R, having satisfied the duty to report through the formal presentation to the...
Sustainable Development at Hearing
The Board finds Engineer H's redirection of conversation away from potential underground tank leak issues troubling...
Complete Testimony by Engineer H
The Board holds that Engineer R's testimony about the site fill and possible tank leaks should have led Engineer H...
8 entities
Obligations O
w=0.15 384D
Engineer R Safety Reporting Duty
Engineer R, knowing the site's illegal fill history and the proximity of the underground fuel tanks to the creek,...
Engineer H Licensure Compliance Duty
Engineer H shall comply with the professional engineering licensure requirements of State I, the jurisdiction in...
Engineer R Duty to Report Concerns
Engineer R had an obligation to bring forward his environmental and safety concerns about the truck stop project at...
Engineer H Jurisdictional Licensure Duty
Engineer H must hold licensure in the jurisdiction, State I, if providing verbal engineering input to the Drainage...
Engineer R Testimony Objectivity Duty
Engineer R shall be objective and truthful in his public testimony, including candidly acknowledging that in its...
Firm C Plan Re-examination Duty
Firm C, jointly with Engineer H, should have offered or agreed to re-examine the site design plans in response to...
Engineer H Concern Response Duty
In response to Engineer R's testimony about the site fill and the possibility of leaks from underground fuel storage...
7 entities
States S
w=0.1 384D
R Site History Knowledge
Tank Proximity Waterway Risk
R Unchanged Tank Location Observation
Drainage Board Reliance On Input
Unregulated Historical Fill
Site Floodplain Compliance
R Public Hearing Testimony Disclosure
Drainage Board Plan Approval
H Unlicensed In State I
R Reporting Duty Satisfied
R Escalation Pathway Available
H Incomplete Misleading Testimony
Practice Law Variability Across States
13 entities
Resources Rs
w=0.1 384D
State I Leaking Underground Storage Tank Database
State I Department of Environmental Management Leaking Underground Storage Tank Database (topic: reportable leaks...
BER Case 20-4
BER Case 20-4 (topic: duty of an engineer to report concerns through formal presentation at a public hearing)
NSPE Code of Ethics
NSPE Code of Ethics (topic: sustainable development and protection of the environment for future generations)
3 entities
Actions A
w=0.1 384D
Pre-Hearing Investigation
Environmental Team Deferral
Unlicensed Jurisdiction Practice
Tank Location Retention
Tank Placement Design
Public Hearing Testimony
Responsive Hearing Testimony
Plan Approval Vote
8 entities
Events E
w=0.08 384D
Historical Site Fill
Plan Approval
Construction Commencement
Unchanged Tank Discovery
Licensure Status Discovery
5 entities
Capabilities Ca
w=0.07 384D
Engineer R Database Analysis
Engineer R consults and analyzes the state Leaking Underground Storage Tank Database, citing the 6% reportable leak...
Engineer H Site Design
Engineer H exercises site design competence in presenting and explaining the truck stop design, in which the tanks...
Engineer R Experience-Based Judgment
The board notes that if Engineer R's judgment, based on experience, indicates the tank location could jeopardize...
Engineer H Statute Consultation
Engineer H's jurisdictional licensure duty presupposes the competence to consult the governing statutes and...
Firm C Site Services Delivery
Firm C furnishes a wide array of site services to ZZZ through its own organization, taking the truck stop project...
Engineer H Plan Re-examination
As the design engineer who presented the truck stop project, Engineer H holds the competence to re-examine the site...
Firm C Plan Re-examination
Firm C, the site design firm for the ZZZ Truck Stop, holds the competence to re-examine its site design plans in...
Engineer R Environmental Risk Assessment
Engineer R identifies and characterizes the risks of the fill material, the leak potential of the underground fuel...
Engineer R Regulatory Knowledge
Engineer R's extensive knowledge of environmental regulation lets him place the site's fill history in its...
Engineer R Concern Disclosure
Engineer R communicates his environmental and safety concerns to the Drainage Board at the public hearing and asks...
Engineer R Testimony Objectivity
Engineer R maintains truthful, balanced public testimony by candidly acknowledging that the site technically...
Engineer R Regulatory Escalation
Engineer R holds the competence to escalate his environmental concern to the state environmental regulatory agency;...
Engineer H Issue Explanation
The board holds that, if the leak issue had already been evaluated and addressed, Engineer H should have explained...
13 entities
Constraints Cs
w=0.08 384D
Engineer H Misleading Testimony Boundary
Engineer H must not give testimony to the Drainage Board that is incomplete and misleading by redirecting the...
ZZZ Site Floodplain Compliance Boundary
The ZZZ Truck Stop must not be constructed on a site that fails to comply with the applicable floodplain...
H Unlicensed Practice In State I
Engineer H must not perform acts constituting the practice of engineering in State I, such as presenting the truck...
ZZZ Drainage Board Approval Requirement
The ZZZ Truck Stop plan must not proceed to construction without being presented to and approved by the county...
Engineer H Unlicensed Testimony Boundary
Engineer H must not provide verbal engineering input at a public meeting where a public board is relying on such...
5 entities
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