38th Environmental Permitting Summer School

The Division of Waste Management touches many areas, ranging from Brownfields and emerging contaminants to solid and hazardous waste regulation. It also formulates policy and coordinates with the six regulatory Districts on enforcement and compliance assistance. This is a class to introduce a wide audience to one of the largest operations units of FDEP. You will learn what are the Division’s several programs and how they are implemented throughout the State and relate to ensuring that as Florida grows, the Division keeps pace with its mission. Has compliance assistance paid dividends on RCRA, USTs, solid waste, and other programs’ compliance? What are the most common violations on several programs? What do their data and 2024 dashboards show, particularly in the Petroleum Restoration Program? Where does FDEP see the PRP evolving to now that the last batch of sites will be assessed in the next few years? How can most RCRA, UST, and solid waste violations be avoided? As several cleanup programs mature, what will be emerging contaminants that all stakeholders will have to be prepared for (hint… like to start developing a PFAS groundwater primary standard in 2025. How are the Division and industry reacting to these? How does the Division relate to other Divisions? Our panel will consist of past and present state regulatory leaders, private corporate leaders, consultants, and attorneys who will give their impressions and encourage audience participation.

The continued population growth in our State has triggered substantial challenges regarding land use, availability of water (quantity and quality), and clean, developable land with ready infrastructure. As part of an urban infill approach to preserve green lands,  some of the alternatives to accommodate population growth are closed golf courses and available former agricultural land located near urban areas. However, these options present a unique set of challenges ranging from soil and groundwater contamination on and off property boundaries to comp plans changes, to administrative challenges by affected parties to land development.  Another challenge is achieving environmental closure on contamination using Institutional Controls. Even in the face of these seemingly difficult challenges, opportunities to redevelop golf courses and former ag land exist.  How can some of these issues be resolved? What does it take to achieve land development that is environmentally sustainable and protective of human health? This is a timely topic, and the class was standing-room only in 2023. The class is designed so the audience can learn to navigate the process and how some of these challenges are currently being met. The round table forum allows for plenty of audience participation and feedback.

This course presents legal and practical strategies for site remediation in a variety of scenarios. Case studies will focus on creative solutions, regulatory flexibilities, and innovative technologies used to achieve site closures. A must-attend, timely, and informative course designed for active audience participation.

The last few years have seen a shift in environmental enforcement priorities by both the Florida Department of Environmental Protection and the United States Environmental Protection Agency. The emerging priorities have placed greater emphasis on enforcement of environmental laws and regulations, and less on compliance assistance. This new emphasis is particularly apparent in the areas of solid and hazardous waste, surface and groundwater, and soils  regulation and liability, and resultant litigation. This policy shift also has resulted in putting additional pressure on private transactions to ensure that responsibility and liability for environmental conditions on property is allocated in accordance with these emerging risks. Also, greater emphasis on enforcement of permit conditions for new and existing permits upon renewal has occurred. This course will discuss this emerging policy in the context of environmental pollution responsibility and liability, will explain the legal and technical challenges that arise in these cases, and will feature the resultant impacts to property owners and facility operators. It includes real-world case studies to illustrate these points. Course attendees are encouraged to interact with the instructors in a “workshop” type format.

Part 1: This panel will examine the current state of regulatory and financial incentives as well as market dynamics, financing considerations, and other concerns that help private developers and local governments collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites. Specific examples of successful and profitable projects and the community benefits they create will be discussed.

Part 2: A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy-to-follow path for private development principals, local government planners, lenders, and other brownfield stakeholders. In addition, this year we will cover proposed Brownfields legislative changes to be pursued in 2025. After this class, attendees will be well-positioned for success.

Part 1: This panel will examine the current state of regulatory and financial incentives as well as market dynamics, financing considerations, and other concerns that help private developers and local governments collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites. Specific examples of successful and profitable projects and the community benefits they create will be discussed.

Part 2: A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy-to-follow path for private development principals, local government planners, lenders, and other brownfield stakeholders. In addition, this year we will cover proposed Brownfields legislative changes to be pursued in 2025. After this class, attendees will be well-positioned for success.

Florida has long been one of the nation’s leaders in effective waste management and recycling programs. Florida’s population is anticipated to reach nearly 26 million residents by 2030. How will the State address the waste management demands of these additional residents? Is there sufficient landfill capacity across the State for the decades ahead? Are there other waste management and disposal technologies on the horizon to meet the needs of Florida residents and businesses? How does Florida improve its recycling programs in the face of current technical, regulatory, and market challenges and obstacles to recycling, like contaminated recyclable material and decreased international demand for recyclable materials?  Hear this panel of experts address these topics and a wide range of other waste management regulatory issues and forecasts, including industrial solid waste disposal developments and “recycling” of former waste disposal areas into productive land uses.

The last few years have seen a cascade of changes in contaminated media management, site cleanup, and closures, as well as site redevelopment.  There are also new emerging elements for site closures involving Water Management Districts that may be of significant consequence. In 2024 it is expected that the EPA will finally publish a Federal MCL on PFOS and PFOA and declare these substances as “hazardous substances” triggering a sea of change in just about every environmental topic ranging from All Appropriate inquiry to Wastewater planning . In addition, there is an anticipation that Rule 62-524, F.A.C. “Delineated Areas” will be on the path to being updated also triggering substantial changes to several areas such as public health protection and site closure. The round-table format discussions will involve the latest in policy changes and several other hot topics that are sure to capture the audience’s attention. This class has been standing-room only in the past and the round-table format allows active panel and audience interaction. Come, listen, and learn from instructors who are at the forefront of hot issues, how they navigate through the latest challenges, and what they predict will evolve into the decade.