HB NEXT’s Post

In NSW, designated development is development declared to be designated development by an environmental planning instrument (EPI) or the regulations.   An example of an EPI that may trigger designated development is State Environmental Planning Policy (Resilience and Hazards) 2021 and land identified by that EPI as coastal wetlands or littoral rainforest.   In the case of coastal wetlands, often this land is Council-owned, or managed by Council as the Crown Land Manager. It is important that Councils, when proposing to undertake works within coastal wetlands, understand whether the designated development provisions are triggered.   DFP Planning were pleased to recently assist Lane Cove Council achieve planning approval for a boardwalk and remediation project which was determined to be designated development due to the nature of works within coastal wetlands.   DFP provided project management services and prepared the Environmental Impact Statement accompanying the Development Application.   We look forward to this boardwalk link being re-opened for the enjoyment of all on the banks of Lane Cove River. #dfpplanning #LaneCoveCouncil #NSWCouncils #nswlocalgovernment #designateddevelopment #planning

"The Environmental Protection Agency (EPA) developed a new Build America, Buy America (BABA) waiver workflow application that requires all of the agency’s programs to submit and process data on BABA waivers so that the agency can better track their use, in response to a recommendation in a recent EPA Office of Inspector General (OIG) audit report." Read the full blog post here: https://lnkd.in/eKRKb5cP #Grants #audits #OIG #IIJA #BABA #EPA

Contractor Swinerton hit with $2.3 million penalty for violating Clean Water Act! Swinerton has reached a settlement to resolve allegations of Clean Water Act violations. The Environmental Protection Agency (EPA) and the states of Alabama and Illinois accused Swinerton of neglecting stormwater controls, failing to conduct regular site inspections, and inaccurately reporting and addressing stormwater issues during the construction of solar farms. Under the agreement, Swinerton will pay a hefty $2.3 million penalty to the U.S., Alabama, and Illinois. The company will also fund vital mitigation projects to tackle sediment discharges at the Idaho and Alabama sites. This settlement comes on the heels of previous resolutions between the EPA and the owners of the four sites, highlighting the collective effort to uphold the Clean Water Act. Environmental stewardship is crucial, and this penalty serves as a reminder that companies must prioritize responsible construction practices. https://lnkd.in/eXEBwvK6 #CleanWaterAct #EnvironmentalProtection #Sustainability #ConstructionIndustry #EPA #Responsibility

The support we bring to land projects empowers organisations to uphold the integrity, condition, and compliance of their industrial assets. Our Environmental Compliance Assessments can help you: ➡️Secure custody of your sites ➡️Identify compliance gaps ➡️Anticipate future risk scenarios ➡️Craft a strategic asset priority map Adopting a holistic and risk-based approach, considering site procedures and the surrounding environment, we enable you to develop a robust risk-based approach to the management of assets on your site. Find out more about the full range of land quality services we can offer: https://lnkd.in/es2t_MaF #EnvironmentalCompliance #AssetManagement #StrategicPlanning #SustainableSuccess

The State of Florida's Federal 404 of the Clean Water Act Program plays a vital role in overseeing dredge and fill activities within state waters, encompassing a wide range of projects from residential to environmental restoration endeavors. On February 15, 2024; a federal court order was issued for the temporary rescinding of the Florida Department of Environmental Protection (FDEP)'s authority to issue Federal Section 404 permits. The State of Florida 404 Program; was implemented in 2020, which gave FDEP authority to assume the federal dredge and fill permitting program in Florida from the U.S. Army Corps of Engineers (USACOE). The FDEP assumed responsibility for overseeing permitting for any project proposing dredge or fill activities within state assumed waters. Such projects include, single family residences; commercial developments; utility projects; environmental restoration and enhancement projects; linear transportation projects; governmental development; certain agricultural and silvicultural activities; and in-water work within assumed freshwater bodies such as boat ramps, living shorelines and other shoreline stabilization.   Approximately 85% of review requirements overlapped between State Environmental Resource Permits (ERP) and Federal CWA 404 permits, which eliminated duplicative review and thus, streamlined the process.   However, unexpectedly, on February 15, 2024; a federal court order was issued, stripping FDEP of its authority to issue State 404 permits in Florida. Consequently, all activity under the State 404 Program is paused until further order of the court; thus, disrupting hundreds of permit applications, including those associated with the restoration of the Everglades and critical infrastructure projects.   FDEP is currently pursuing legal options in light of the court’s order. As an initial step to limit this disruption, FDEP filed a motion seeking a partial stay so Florida may continue to process the applications that would not affect any listed species.   On March 21, 2024; the U.S. House of Representatives passed the “Creating Confidence in Clean Water Permitting Act” (H.R. 7023), which includes an amendment by U.S. Representative Aaron Bean (FL-4) that would codify the U.S. EPA’s approval of Florida’s Section 404 Program. This act signifies federal recognition and potential support for the state's permitting authority. Therefore, efforts to address this issue are underway, with the FDEP exploring legal options to continue processing certain permit applications. The evolving landscape of environmental regulations and permitting underscores the need for ongoing collaboration between state and federal entities to ensure effective protection of natural resources while enabling responsible economic growth. Despite the current disruption, the program remains essential for maintaining environmental integrity and facilitating sustainable development in Florida.

The State of Florida's Federal 404 of the Clean Water Act Program plays a vital role in overseeing dredge and fill activities within state waters, encompassing a wide range of projects from residential to environmental restoration endeavors. On February 15, 2024; a federal court order was issued for the temporary rescinding of the Florida Department of Environmental Protection (FDEP)'s authority to issue Federal Section 404 permits. The State of Florida 404 Program; was implemented in 2020, which gave FDEP authority to assume the federal dredge and fill permitting program in Florida from the U.S. Army Corps of Engineers (USACOE). The FDEP assumed responsibility for overseeing permitting for any project proposing dredge or fill activities within state assumed waters. Such projects include, single family residences; commercial developments; utility projects; environmental restoration and enhancement projects; linear transportation projects; governmental development; certain agricultural and silvicultural activities; and in-water work within assumed freshwater bodies such as boat ramps, living shorelines and other shoreline stabilization.   Approximately 85% of review requirements overlapped between State Environmental Resource Permits (ERP) and Federal CWA 404 permits, which eliminated duplicative review and thus, streamlined the process.   However, unexpectedly, on February 15, 2024; a federal court order was issued, stripping FDEP of its authority to issue State 404 permits in Florida. Consequently, all activity under the State 404 Program is paused until further order of the court; thus, disrupting hundreds of permit applications, including those associated with the restoration of the Everglades and critical infrastructure projects.   FDEP is currently pursuing legal options in light of the court’s order. As an initial step to limit this disruption, FDEP filed a motion seeking a partial stay so Florida may continue to process the applications that would not affect any listed species.   On March 21, 2024; the U.S. House of Representatives passed the “Creating Confidence in Clean Water Permitting Act” (H.R. 7023), which includes an amendment by U.S. Representative Aaron Bean (FL-4) that would codify the U.S. EPA’s approval of Florida’s Section 404 Program. This act signifies federal recognition and potential support for the state's permitting authority. Therefore, efforts to address this issue are underway, with the FDEP exploring legal options to continue processing certain permit applications. The evolving landscape of environmental regulations and permitting underscores the need for ongoing collaboration between state and federal entities to ensure effective protection of natural resources while enabling responsible economic growth. Despite the current disruption, the program remains essential for maintaining environmental integrity and facilitating sustainable development in Florida.

NYC DEP Breaks Ground on $1.9 Billion Kensico Water Tunnel in Westchester NYC Department of Environmental Protection (NYC DEP) broke ground on July 23 on the $1.9-billion Kensico to Eastview tunneling and facilities upgrade project in the Town of Mount Pleasant that will improve the operational flexibility of the drinking water supply for more than 9 million people in the City and throughout southern Westchester County. The project will be New York City’s largest water-supply tunneling effort in Westchester County since the 1940s, and its construction is projected to create thousands of jobs for the local Building Trades. The Kensico-Eastview Connection (KEC)—will be a two-mile-long tunnel between Kensico Reservoir and the Catskill-Delaware Ultraviolet Light Disinfection Facility (CDUV) in Eastview. The new tunnel will provide an additional conveyance between these vital components of the water supply system, giving DEP the ability to take other facilities out of service for periodic maintenance and inspection. “Creating additional redundancy in our vital water supply system is an essential investment for the long-term resilience of the remarkable feat of engineering that provides more than nine million New Yorkers with a reliable supply of pristine tap water,” DEP Commissioner Rohit Aggarwala said. “This project will help us fulfill our commitment to providing consistent and reliable delivery of the highest-quality water to New York City and the growing population centers in Westchester County.” The first phase of construction includes site preparation at the DEP campus adjacent to Kensico Reservoir, followed by the digging of two large shafts, 400-500 feet deep, the tunneling between the two shafts, and the addition of several new facilities and upgrades at the Kensico campus. All phases of the project are expected to span a 10-year period with the new tunnel coming fully online by 2035. Kensico Reservoir is located north of White Plains and is a vital component of New York City’s Catskill-Delaware Water Supply System. The reservoir stores approximately 30 billion gallons of water at full capacity. DEP draws about 1 billion gallons of drinking water from Kensico Reservoir each day to meet the demand of 8.6 million residents in the five boroughs of New York City and approximately 500,000 residents of Westchester County whose communities are connected to the City’s system. As it moves toward the city, drinking water that leaves Kensico Reservoir is also treated at CDUV. The KEC tunnel will stretch the approximately two miles from Kensico Reservoir to CDUV in Eastview, the largest such facility in the world. The finished tunnel will be 27 feet in diameter and run 400-500 feet below ground with a capacity to carry as much as 2.6 billion gallons of water each day. #kensicoreservoir #westchestercounty

US Environmental Protection Agency (EPA) To Establish Four #Stormwater Centers Of Excellence Across U.S.: Funded with $5M in #Investing in America grants, the Centers of Excellence will conduct #research and provide technical #assistance to improve stormwater #infrastructure across the country. #Buildings #Facilities #FacilityManagement

In response to a hotline complaint and investigation request prepared by Planet A* Strategies (PA*S) for its community coalition client, the U.S. Environmental Protection Agency Office of Inspector General today issued the below-linked report documenting ballooning cost increases and scheduling overruns in the construction of combined sewer overflow tanks (known as CSO) at New York City’s Gowanus Canal Superfund site. The audit confirmed the project cost is now estimated at over $1 billion (exceeding the original $78 million by over 1,300 percent), and project completion is six and a half years behind its original schedule. PA*S has exposed the continuing compliance implosion in Gowanus that has generated what EPA now admits is "the largest dollar-value Superfund unilateral order in the EPA's history." This cleanup cost estimate does not include separate costs to dredge and cap the canal bed. The OIG indicates additional costs and delays for the CSO tanks can't be ruled out. The investigation request is part of an ongoing effort by communities to limit low-income and luxury residential development on heavily contaminated land adjacent to the Canal that is part of the Superfund Site listing.