Balancing Client Directives and Public Welfare: Stormwater Management Dilemma

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It was not unethical for Engineer L to cease work when requested by Client X, without voicing concern about unquantified increased risk. Later, Engineer L did comply with Code provisions that require engineers to notify their employers or clients if a project will not be successful.It would not be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified by Engineer L. Continuing to work on the project after concerns about runoff were quantified would in effect mean Engineer L was placing the clients’ financial interest above the engineer’s paramount obligation to the public health, safety, and welfare. This, the engineer cannot ethically do.

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The Board of Ethical Review (BER) has a rich history of cases dealing with environmental issues like the one Engineer L faces. Several recent cases, including BER Case 22-5 and BER Case 20-4 , emphasize an engineer’s primary responsibility to public health, safety and welfare with an emphasis on safe drinking water. BER Case 76-4 provides a foundation that other BER cases have built upon, and it is appropriate to review the facts and conclusions of that case as we start our analysis. BER Case 76-4 stated that XYZ Corporation was advised by a State Pollution Control Authority of a need to apply for a permit to discharge manufacturing waste into a receiving body of water, and they hired Engineer Doe to perform consulting engineering services and submit a detailed report. Engineer Doe verbally reported to XYZ that their discharge will lower the water quality in the receiving body of water below standards. XYZ instructed Engineer Doe not to complete a written report and paid Engineer Doe the agreed upon fee. Engineer Doe later learned that the Pollution Control Authority would be holding a public hearing and that XYZ Corporation would present data to show their discharge meets minimum standards. The BER noted an engineer’s obligation is to act for each client or employer as a faithful agent or trustee. The case goes on to state “Upon learning of the hearing, he is squarely confronted with his obligations to the public concerning its safety, health, and welfare. Section 2(a) requires that his duty to the public be paramount.” Section 2(a) of the NSPE Code of Ethics (the Code) at that time read “He will regard his duty to the public welfare as paramount.” In BER Case 76-4 , the BER concluded that Doe had an obligation to report his findings to the Pollution Control Authority, and they quoted BER Case 67-10 which stated, “[i]t is basic to the entire concept of a profession that its members will devote their interests to the public welfare, as is made abundantly clear in [S...

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Engineer L, a licensed professional engineer, has many years of experience in stormwater control design. Engineer L is contracted by Client X, a private development entity, to design a stormwater management system for a large residential and commercial development near a small community. This community relies on a nearby surface water watershed as a primary drinking water source. Part of Engineer L’s scope of work for Client X includes ensuring that stormwater from the new development will not impact this primary drinking water source for the community. During the preliminary design phase, Engineer L becomes concerned that the risk of impact to the community drinking water source will potentially increase, as the likelihood of heavy stormwater flows will increase over time. But before Engineer L can quantify the increased risk, Client X encounters unexpected financial setbacks and requests that Engineer L suspend work identified in the original contract. In their communications about the suspension, Engineer L does not mention to Client X the potential increased risk of impact to the community drinking water source.Several months later, Client X’s financial situation improves and Engineer L is asked to resume work on the stormwater management system. About this same time, an historic heavy rainfall in the region leads to increased stormwater accumulation on-site, raising the risk of runoff into the watershed. Engineer L conducts additional studies and qualitatively estimates the risk that heavy rainfall could lead to stormwater runoff from the development reaching the nearby watershed and community drinking water source. Engineer L notifies Client X of this risk, advising that additional protective measures should be considered, especially as local environmental standards require steps to safeguard public water sources. However, Client X is hesitant to invest in additional protective measures, citing continuing budget limitations. Despite Engineer L’s concerns, Clie...

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Was it ethical for Engineer L to cease work when requested by Client X, without voicing concern about increased risk?Would it be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified by Engineer L?

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I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public I.4. Act for each employer or client as faithful agents or trustees. Subject Reference Employer Faithful Agents and Trustees II.1.a. If engineers' judgment is overruled under circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate. Subject Reference Duty to the Public II.3.a. Engineers shall be objective and truthful in professional reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current. Subject Reference Misrepresentation/Omission of Facts Professional Reports, Statements, Testimony II.3.b. Engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter. Subject Reference Opinions III.1.b. Engineers shall advise their clients or employers when they believe a project will not be successful. Subject Reference Duty to Disclose 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
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D-tuple Component Breakdown

59

Total Entities

9/9

Components Populated

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Combined Embedding
Roles R
w=0.12 384D
Engineer L Design Engineer
Contracted by Client X to design a stormwater management system, became concerned about increased risk to the...
Client X Development Client
Contracted Engineer L for the stormwater design, suspended the work due to financial setbacks, later asked Engineer...
Engineer L Faithful Agent
The discussion frames Engineer L's duty relationship toward Client X as that of a faithful agent or trustee under...
Engineer L Public Responsibility
Bears responsibility for ensuring stormwater from the development will not impact the community's primary drinking...
Board of Ethical Review Adjudicator
Adjudicates the present case, reviewing Engineer L's conduct against the NSPE Code, finding that disclosure of the...
5 entities
Principles P
w=0.2 384D
Public Welfare in Stormwater Design
Once Engineer L's identified runoff risk to the community drinking water source became fact, the Board holds that...
Loyalty to Client X
Engineer L respecting Client X's good faith request to stop the design work during the first phase, when Engineer...
Transparency of Risk to Client
During the first phase, disclosure of Engineer L's unripened concern to Client X might be prudent but is not...
Public Welfare in Watershed Protection
Engineer L becomes concerned about increased risk of stormwater impact to the community drinking water source,...
Transparency in Risk Disclosure
During the suspension communications Engineer L does not mention the potential increased risk to the drinking water...
Fact-Based Opinion by Engineer L
The Board applies the fact-founded opinion standard of II.3.b to conclude that Engineer L's early concern about...
6 entities
Obligations O
w=0.15 384D
Engineer L Watershed Safety Duty
Engineer L must ensure that stormwater from the new development will not impact the community's primary drinking...
Engineer L Faithful Agent Duty
Engineer L must act for Client X as a faithful agent or trustee, which in the absence of facts to the contrary...
Client X Environmental Compliance Duty
Client X must take the steps that local environmental standards require to safeguard public water sources in...
Engineer L Unsuccessful Project Advisory Duty
Engineer L must advise Client X when Engineer L believes the project will be unsuccessful, here that proceeding...
Engineer L Risk Disclosure Duty
Engineer L must disclose to Client X the risk that heavy rainfall could lead to stormwater runoff from the...
5 entities
States S
w=0.1 384D
Unquantified Runoff Risk Awareness
Drinking Water Source Runoff Risk
Risk Nondisclosure During Suspension
Client X Budget Constraint
Public Safety Faithful Agent Conflict
Stormwater Contract Work Suspension
Deferred Environmental Compliance
Confirmed Runoff Risk Finding
Unsafeguarded Project Failure Risk
9 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: engineer's paramount duty to public safety, health and welfare, faithful agency to the...
BER Case 22-5
BER Case 22-5 (topic: engineer's primary responsibility to public health, safety and welfare with an emphasis on...
BER Case 76-4
BER Case 76-4 (topic: foundational precedent for environmental ethics cases)
BER Case 89-7
BER Case 89-7 (topic: safety violations confided by the client as facts requiring disclosure)
BER Case 99-8
BER Case 99-8 (topic: incomplete drawings and specifications as facts requiring disclosure)
BER Case 04-8
BER Case 04-8 (topic: violation of federal and state laws and regulations as facts requiring disclosure)
BER Case 18-9
BER Case 18-9 (topic: public safety risk of future surge level rise as a fact requiring disclosure)
BER Case 21-2
BER Case 21-2 (topic: effects of sea level rise and changes in precipitation intensities and recurrence intervals...
BER Case 84-5
BER Case 84-5 (topic: engineers advising clients or employers when they believe a project will be unsuccessful)
BER Case 07-6
BER Case 07-6 (topic: threat to a bird species as a fact of the case requiring disclosure)
10 entities
Actions A
w=0.1 384D
Work Suspension Request
Risk Notification
Risk Study Conduct
Safeguard Refusal
Refusal to Acquiesce
Contract Acceptance
Nondisclosure at Suspension
Work Resumption
8 entities
Events E
w=0.08 384D
Risk Concern Emergence
Client Financial Setback
Client Financial Recovery
Historic Heavy Rainfall
Stormwater Accumulation Increase
Risk Established as Fact
6 entities
Capabilities Ca
w=0.07 384D
Engineer L Risk Assessment
Engineer L first identifies the potential increased risk to the drinking water source during preliminary design,...
BER Concern Versus Fact Distinction
The Board discriminates the threshold at which Engineer L's early concern, not yet developed enough to assess runoff...
Engineer L Risk Disclosure
After quantifying the risk, Engineer L notifies Client X of the risk that heavy rainfall could lead to stormwater...
Engineer L Standards Assessment
Engineer L identifies that local environmental standards require steps to safeguard public water sources and applies...
Engineer L Protective Measures Advisory
Engineer L advises Client X that additional protective measures should be considered for the development, framing...
BER Precedent Reasoning
The Board of Ethical Review exercises precedent reasoning by surveying its history of environmental cases, reviewing...
Engineer L Work Refusal Judgment
The Board holds that Engineer L cannot ethically acquiesce to Client X's insistence on continuing the project...
Engineer L Stormwater Design
Engineer L has many years of experience in stormwater control design and is contracted to design the stormwater...
8 entities
Constraints Cs
w=0.08 384D
Engineer L Acquiescence Prohibition
Engineer L must not acquiesce to Client X's insistence to continue work on the project while Client X refuses to...
Engineer L Faithful Agent Limit
Engineer L must not acquiesce to Client X's insistence on proceeding with the stormwater management work without the...
2 entities
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