Environmental Resource Permits (ERP)
The Environmental Resource Permitting (ERP) Program regulates activities involving the alteration of surface water flows in Florida. This includes new activities in uplands that generate stormwater runoff from upland construction, as well as dredging and filling in wetlands and other surface waters. A new statewide ERP rule (SWERP) became effective on October 1, 2013. There are three types of ERP's; General Permits, Conceptual Approval Permits, and Individual Permits. An ERP permit is needed for:
- Dredging and filling in wetlands or surface waters;
- Providing storm water containment and treatment;
- Site grading;
- Building dams or reservoirs;
- Other activities affecting state waters.
WRMA has prepared numerous ERP’s for private and municipal clients for projects including implementation of stormwater management systems, landfill drainage systems, canal bank stabilization armoring alternatives, lake bank erosion control and roadway or bridge PDE’s.
Consumptive Use & Water Supply Permits
A consumptive water use permit is required by the South Florida Water Management District (SFWMD) and other Districts to withdraw a specified amount of water from the ground (aquifers), a canal, lake or river (surface water) for reasonable-beneficial uses. The water can be used for public supply (drinking water), agricultural and nursery plant irrigation, golf course & common area irrigation, commercial use, dewatering/mining activities and power. Water uses not covered by these permits include domestic uses, home irrigation and water used for fire fighting. Consumptive water use permits require water conservation to prevent wasteful uses, such as the reuse of reclaimed water (treated wastewater). The permits also set limits on how much water can be withdrawn at each location in the aquifer or from surface water. WRMA has processed and procured numerous consumptive water use permits for residential, commercial and municipal users in Florida and the mid-atlantic region. A typical permit includes the withdrawal of groundwater (via wells) for replenishment of surface lake water withdrawals for landscape irrigation of common areas for residential and/or commericial developments.
State & Federal Permitting
United States Army Corps of Engineers
Joint Permit Applications (JPA)
A Joint Permit Application is used to apply for permits (i.e. standard/ permits or general permits) from the US Army Corps within specific state jurisdictions. The JPA is also used to apply for corresponding permits from the state’s Department of Environmental Quality, and/or Local Wetlands Boards. The JPA process and JPA forms are used by the USACE, the state DEQ, and the LWB for permitting purposes involving tidal and/or non-tidal water, tidal and/or non-tidal wetlands, and/or dune/beach resources, including, but not limited to, construction, dredging, filling, or excavation. The JPA may be optionally used for a Nationwide Permit Preconstruction Notification, or PCN. There are two different Joint Permit Applications available for use depending on the type of activity being proposed. WRMA is very knowledgeable of the JPA use in the Maryland/DC/Virginia tri-state area for municipal clients such as WSSC / DCWATER and for private clients.
United States Environmental Protection Agency
National Pollutant Discharge Elimination Program (NPDES) Permit
Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program. As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. Types of NPDES Permits include: Individual Permit: appropriate where facility specific permit conditions (e.g., effluent limitations, management practices, monitoring and reporting) are needed. General Permit (40 CFR 122.28): Appropriate where multiple, similar sources (e.g., same category or similar process) within the same geographic area require permit coverage or where sources have similar discharges and would require the same or similar permit conditions. Permit must identify: area of coverage, sources covered, application process (Notice of Intent).
Notice of Intent (NOI)
Prior to discharging stormwater, construction operators must obtain coverage under an NPDES permit, which is administered by either the state (if it has been authorized to operate the NPDES stormwater program) or EPA, depending on where the construction site is located. Where EPA is the permitting authority, construction stormwater discharges are almost all permitted under the Construction General Permit (CGP). The CGP requires compliance with effluent limits and other permit requirements, such as the development of a SWPPP. Construction operators intending to seek coverage under EPA's CGP must submit a Notice of Intent (NOI) certifying that they have met the permit’s eligibility conditions and that they will comply with the permit’s effluent limits and other requirements.