Environmental and land use regulations can, frequently, become overwhelming. Understanding and complying with these regulations take away from time-sensitive projects, and unwanted fines ranging into the tens of millions of dollars for larger commercial or retail property can be more than daunting. So what are some of the United States Environmental Protection Agency (EPA) compliance requirements for real estate construction and property development?
Clean Water Act (CWA) Permit Coverage
If your real estate construction activity disturbs one or more acres of land, you may have to obtain Clean Water Act (CWA) permit coverage for discharge of stormwater runoff from your construction site. The EPA National Pollutant Discharge Elimination System (NPDES) program or the state NPDES permitting authority issues general permits for stormwater. However, to obtain permit coverage, you will need to submit a Notice of Intent (NOI) or permit application to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) and provide a Notice of Termination (NOT), if required by your permitting authority.
Resource Conservation and Recovery Act (RCRA)
If your site or project generates or handles hazardous wastes, such as lead-based paint (LBP); fluorescent lamps that contain mercury; and construction/demolition (C&D) wastes, such as wood, roof material, insulation, plaster, or sheet rock, then you may have to check their allowed concentrations are in the regulations that implement the Resource Conservation and Recovery Act (RCRA).
Assistance Meeting EPA Compliance
There are a number of other laws and regulations under the construction sector (NAICS 23) of the EPA. However, there’s help to meet the requirements. EEC Environmental (EEC) has assisted real estate and property developers throughout the United States on all aspects of environmental-related issues. Our professionals understand the nuances of this business sector, including the need for rapid response, quick turnaround, and discretion that must be maintained throughout the process. EEC’s services are utilized at the earliest stages of the real estate transaction and development process, often even before the due diligence phase, when we do a “Phase 0” to quickly determine if there will likely be significant environmental issues.
We have extensive experience in large portfolio and specialized due diligence necessary for property transactions, evaluation of costs associated with environmental liabilities, evaluation of fast-track remediation alternatives, evaluation of risk-based remedial strategies, and installation of preventive mitigation equipment such as those to prevent vapor intrusion. Further, EEC assists our clients in determining if the utility infrastructure (electrical, sewer, stormwater) and permitting abilities are sufficient for the intended property use, developing and implementing SWPPPs, and conducting facility audits.
Our construction personnel has diverse backgrounds, which include mechanical, electrical, plumbing, and structural concrete experience. All construction staff works under the direct supervision of a construction manager with more than 20 years of experience and are 40-hour Hazardous Waste Operations, and Emergency Response (HAZWOPER) trained to work at contaminated sites.
Contact EEC for more information.
Tags: Clean Water Act, commercial property, Construction, CWA, EPA, EPA Compliance, HAZWOPER, NAICS 23, National Pollutant Discharge Elimination System, NOI, NOT, Notice of Intent, Notice of Termination, NPDES, Property Development, RCRA, Real Estate, Resource Conservation and Recovery Act, retail property, Storm Water Pollution Prevention Plan, stormwater, SWPPP