Can I develop and construct on a contaminated property?
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.
Can I operate a business on a contaminated property?
Yes, DERM may request to remediate or remove certain hot spot areas. At a minimum, it may be necessary to cover them.
Do I need to fully remediate a contaminated property?
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.
Are former agricultural properties considered "contaminated?"
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.
Can I construct a drainage system on a contaminated property?
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.
Can I build on a former landfill?
Yes. DERM will require a methane investigation and/or the implementation of a methane abatement system beneath the building footprint.
