Confidential C&D Landfill Redevelopment: Navigating FDEP and County Regulations Miami-Dade County, Florida
Manivannan Nagaiah, P.E., Senior Project Manager, Langan and F. Joseph Ullo Jr., P.E., Esq., Shareholder, Carton Fields
Landfill redevelopment is becoming increasingly prevalent in several Florida counties. These redevelopment projects are typically over Class I (Municipal Solid Waste) and Class III (Yard Waste) and Construction and Demolition [(C&D)] debris landfills. A number of these landfill redevelopment projects are also over orphaned, unregulated dumps that are regulated through local permitting codes and regulations and there are others that are firmly regulated under Florida Department of Environmental Protection (FDEP) statutes (Chapter 62-701 for solid waste) and in Miami-Dade County (MDC) under Chapter 24. This project showcases the redevelopment of a former C&D landfill that was in operation from 1999 to 2004 and closed in 2017. The site was in long-term care (year 4 of 5) when the redevelopment plans were initiated through a zoning variance. The project’s warehouse redevelopment plans (~ 400,000 square feet) were navigated through the following agencies for contaminated related topics. • FDEP Solid Waste (SW) Division. • MDC Department of Environmental Resource Management (DERM) Pollution Remediation Section (PRS). • MDC DERM SW. The presentation will explore the navigation at the permitting process to achieve closure certification, site assessment and remediation of soil, groundwater and methane impacts for warehouse redevelopment from prior C&D landfilling operations. The approach for soil remediation through a combination of soil source removal and relocation to meet future design grades and the delineation and long-term management of groundwater impacts will be discussed. The management of methane through the design of gas mitigation system and unique nuances will be discussed. Also, the challenges for stormwater management over waste stratums or lack thereof will be presented. We believe that this is great example of teh overcoming challenges in Florida and gives great guidance on how to navigate the typical topics for redevelopment through a maze of related and unrelated FDEP and MDC programs.
Manivannan Nagaiah, P.E., Senior Project Manager, Langan
Manivannan (Mani) has over 18 years experience in remediation, solid waste and overall environmental consulting. Mani is an engineer providing technical and administrative/management support for large and small facilities in several states including FL. He is a licensed engineer in several states.
F. Joseph Ullo Jr., Esq., Shareholder, Carton Fields
Joe Ullo counsels large and small business owners, landowners, private companies, and county and municipal governments statewide in all aspects of federal, state, and local environmental law, regulations, and processes that govern the consideration and usage of land, management of waste, and real property rights.
Joe has more than 25 years of experience serving clients throughout Florida in environmental matters, including representing clients in administrative enforcement proceedings and related civil actions, assisting in the completion of institutional controls and negotiating cleanup requirements for sites subject to state and local cleanup rules, and negotiating property transactions involving land contamination and environmental liabilities and permits.
Previously, Joe served as the director of the Florida Department of Environmental Protection’s Division of Waste Management (DWM). In this role, Joe directed the policy and the programmatic management of solid and hazardous waste generated and disposed of throughout the state. Joe also advised the deputy secretary of regulatory affairs on DWM policy and activities.
Before practicing law, Joe worked as a registered professional engineer for almost 10 years. He managed hazardous waste, petroleum, and dry cleaning cleanups in the southeastern United States, oversaw environmental compliance for private manufacturers, and assisted with wastewater infrastructure evaluations at federal facilities. Joe also led the environmental cleanup for various military bases, particularly in Jacksonville and Orlando, which now serve as incredible reuse examples for both industrial and residential mixed uses in Florida. This hands-on experience helps Joe coordinate expert analysis to best express a client’s position to reach favorable outcomes.
Since 2009, Joe is also a registered patent attorney and assists clients on intellectual property matters especially where those matters relate to green energy technologies, water treatment, or remedial technologies.
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