Blog
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What do I do if I get a notice of violation from the county?
If you receive a notice of violation from the county related to a construction site, stormwater issue, or other environmental matter, here are some recommended next steps: Staying engaged with regulators and following violations through to complete resolution is essential to avoid further enforcement fines. Using qualified technical help is advisable in addressing more complex…
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Why is stormwater regulated on construction sites?
Stormwater runoff from construction sites is regulated for a few key reasons: In summary, stormwater regulations aim to reduce downstream hazards to water quality, habitats, flooding risk, groundwater resources and public/private infrastructure from uncontrolled construction site discharges. Proper runoff management prevents long term environmental harm.
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What permits do I need for dewatering in South Florida?
Dewatering regulations can vary somewhat by county and municipality in South Florida, but generally if you are proposing construction dewatering, there are a few common permits and approvals you’ll need: It’s important to engage the applicable agencies and permitting authorities early when planning major dewatering projects in South Florida, as the combination of agencies involved…
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What does a typical Phase 1 ESA cost?
The cost of a Phase 1 environmental site assessment (ESA) can vary, but typically ranges from $3,000 to $5,000 on average. However, many factors impact the overall cost, such as: While $3,000-$5,000 is typical, very complex properties could exceed $10,000 for a Phase 1 ESA. Simple site with few structures could potentially cost less than…
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Why does my bank want a Phase I ESA?
Banks commonly require Phase 1 environmental site assessments (ESAs) before financing real estate transactions for a few key reasons: By requiring Phase 1 ESAs upfront, banks reduce lending risks, ensure regulatory compliance, improve valuation accuracy, and gain information about borrower quality. This protects banks from inheriting expensive environmental liabilities down the road through real estate…
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What happens if I don’t get a Phase 1 ESA?
If you don’t get a Phase I environmental assessment before purchasing a property, there are a few key risks: In summary, skipping a Phase I assessment opens you up to massive potential legal, financial, health, and planning risks from pre-existing contamination that could remain hidden on site. Conducting a Phase I is crucial due diligence.
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What is the innocent land owner defense in relation to CERCLA?
The innocent landowner defense is a legal defense that can be used under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, to avoid liability for cleaning up contamination on one’s property. Specifically, it requires landowners to prove that: The key aspects are demonstrating the contamination was unknown and proving reasonable…
