Frequently Asked Questions

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South Florida environmental compliance is highly site-specific — what applies to a former gas station in Kendall is different from what applies to a former dry cleaner in Coral Gables. Call CEC directly for a free initial consultation.

  • Yes, but the Department of Environmental Resources Management (DERM) will request an assessment and, at times, remediation of the contamination. DERM will likely require you to cover the site's contamination at a minimum. 

  • Yes, DERM may request to remediate or remove certain hot spot areas. At a minimum, it may be necessary to cover them. 

  • No, sometimes if the contaminated area is too large, it is not cost-effective to fully remediate the contamination. However, you have the option of covering the contamination with an engineering control, such as concrete, asphalt, or two feet of clean fill material. 

  • Sort of. The state of Florida (not DERM) has regulatory authority over properties zoned as agricultural and the legal application of herbicides and pesticides containing contaminants (such as arsenic). The state does not consider the legal application of these agro-chemicals as contamination of a property. However, when rezoning a property (from agricultural use to residential use), DERM now has jurisdiction and authority to request an assessment. If the assessment reveals contaminant concentrations above the cleanup target levels, DERM will consider this contamination.  ​

  • Yes, however, DERM will require a groundwater assessment in order to determine if the area where you're placing your drainage (exfiltration trenches, etc.) is free of contamination. ​

  • Yes. DERM will require a methane investigation and/or the implementation of a methane abatement system beneath the building footprint. 

  • A DERM Class V (CLV) Dewatering Permit is required when you intend to discharge groundwater extracted during construction activities — such as excavation dewatering — to Miami-Dade County's drainage system or surface waters. Without this permit, dewatering activities on a construction site in Miami-Dade County are unpermitted and subject to DERM enforcement action.

    Many contractors and developers are unaware this permit is required until DERM issues a notice of violation. CEC prepares and submits CLV Dewatering Permit applications on behalf of developers and contractors — and because our team has direct DERM experience, we know what the Water Control Section needs to approve an application without delays.

  • A Phase I Environmental Site Assessment (ESA) typically takes 2–4 weeks to complete, depending on the complexity of the property history and the availability of regulatory records. The Phase I involves a review of historical records, regulatory databases, site reconnaissance, and interviews — no sampling is performed.

    A Phase II ESA is triggered when the Phase I identifies one or more Recognized Environmental Conditions (RECs) — indications that hazardous substances or petroleum products may be present at the site. The Phase II involves physical sampling of soil and/or groundwater to confirm or rule out contamination. Phase II scope and cost vary based on site size, the nature of the RECs, and applicable regulatory standards.

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