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    Legal Aspect of Drainage

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    Michael Adrian Magbanua
    The document summarizes some key legal aspects of drainage that a highway agency is responsible for and some common soil conditions that can cause problems for roadway design and construction. The agency is liable for drainage issues caused by its projects, such as flooding private property, but is not responsible for unprecedented storms. Damage claims require showing project impacts or inadequate design/maintenance. Drainage design must comply with environmental laws. Common soil problems include slope stability, drainage, frost action, and elasticity/rutting. Solutions involve removing unstable material, installing drainage, avoiding plastic soils near the surface, and controlling moisture.

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    Legal Aspect of Drainage

    Uploaded by

    Michael Adrian Magbanua
    87 views2 pages
    The document summarizes some key legal aspects of drainage that a highway agency is responsible for and some common soil conditions that can cause problems for roadway design and construction. The agency is liable for drainage issues caused by its projects, such as flooding private property, but is not responsible for unprecedented storms. Damage claims require showing project impacts or inadequate design/maintenance. Drainage design must comply with environmental laws. Common soil problems include slope stability, drainage, frost action, and elasticity/rutting. Solutions involve removing unstable material, installing drainage, avoiding plastic soils near the surface, and controlling moisture.

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    All about drainage

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    The document summarizes some key legal aspects of drainage that a highway agency is responsible for and some common soil conditions that can cause problems for roadway design and construction. The agency is liable for drainage issues caused by its projects, such as flooding private property, but is not responsible for unprecedented storms. Damage claims require showing project impacts or inadequate design/maintenance. Drainage design must comply with environmental laws. Common soil problems include slope stability, drainage, frost action, and elasticity/rutting. Solutions involve removing unstable material, installing drainage, avoiding plastic soils near the surface, and controlling moisture.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    87 views2 pages

    Legal Aspect of Drainage

    Uploaded by

    Michael Adrian Magbanua
    The document summarizes some key legal aspects of drainage that a highway agency is responsible for and some common soil conditions that can cause problems for roadway design and construction. The agency is liable for drainage issues caused by its projects, such as flooding private property, but is not responsible for unprecedented storms. Damage claims require showing project impacts or inadequate design/maintenance. Drainage design must comply with environmental laws. Common soil problems include slope stability, drainage, frost action, and elasticity/rutting. Solutions involve removing unstable material, installing drainage, avoiding plastic soils near the surface, and controlling moisture.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    LEGAL ASPECT OF DRAINAGE

    Highway agency is legally responsible for any damage to private property affected by the changes it
    makes in natural drainage pattern within the limit that water must flow.

    Damage claim against the Department could be established if:

    1. When a result of the agency’s project, the flow of several streams or creeks were concentrated
    into a single channel that resulted to erosion, silting or flooding of private property.
    2. When due to poor design or inadequate maintenance.
    3. Liability however, is limited to drainage in direct consequences of the improvement. The agency
    would not be liable for damages if an unprecedented storm causes the stream to overflow a
    newly, constructed channel, provided that this channel has the capacity equal to the natural
    volume of water.
    4. Engineering decision if based on an accepted practice, do not provide for a course of action. In
    any case, the responsibility of the highway agency would be determined through negotiations
    court litigations. Therefore, design of drainage system must satisfy the various requirements of
    the environmental laws and regulations.

    ROADWAY DESIGN AND CONSTRUCTION FOR UNUSUAL SOIL


    CONDITONS
    PROBLEMS USUALLY ENCOUNTERED IN THE DESIGN AND CONSTRUCTIONS OF ROADWAYS ARE:

    1. The stability of fills and slope


    2. The drainage
    3. Capillarity and frost heave
    4. Permafrost
    5. Elasticity and rutting

    STABILITY OF FILLS AND SLOPE

    There are instances where the materials in cut bank slips down the roadway, or sometimes, a portion of
    high fill slides outward carrying portion of the roadway. This pattern of failure is common in fills or cut
    slope or homogenous non-granular materials.

    CAUSE OF SLIDES

    1. Mudflows

    2. Slope adjustment

    3. Movement due to underground water or undercut rock strata.

    4. Caused by the location


    HOW TO PREVENT SLIDES

    1. By removing large portion of the material above the slippage.

    2. By some drainage devices that keeps water off the surface of weakness.

    3. Water must be intercepted before it lubricates the critical slips.

    4. If possible during the location surveys, areas that are threatened by frequent slide, should be
    avoided.

    CAPILLARITY

    Capillarity is the tendency of water to seek its own level as if in an open channel flows through the pores
    and fine channels of the soil. It is the force pulling free water through the voids of the soil in all
    direction.

    PROBLEMS WHEN CAPILLARITY OCCURED

    1. In roadway construction moisture has to be controlled

    2. Moisture in the roadway is brought about by the changes in weather, seasons or by the capillary
    action of the water.

    3. Water movement due to capillarity action take place in any directions, and an upward
    movement may create undesirable conditions.

    4. Voids in soils are of the same order of magnitude as the particle sizes.

    ELASTICITY AND RUTTING

    Elasticity is common in soils whose fines consist mainly of flat and flaky particles. This kind of soil
    has rubberized characteristic that rebound under heavy loads.

    PROBLEMS WHEN ELASTICITY OCCURED

    1. Highly plastic soils should not be placed closer to the roadway surface where heavy loads are
    expected.

    2. When heavy loads passes on a plastic soils, compression and rebound occurs to at least 6 meters
    below the surface.

    3. Deflection of the pavement surface as the wheel slowly rolls past the reference point is
    measured by a measuring device called Bankelman Beam.

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