ENVIRONMENTAL COMPLIANCE REPORT
(Florida – Federal & State Law)
[// GUIDANCE: This template is drafted for use by environmental consultants, in-house counsel, or external attorneys preparing a comprehensive Environmental Compliance Report (“Report”) for a facility or project located in Florida. Replace all bracketed text and modify as required to fit the facts, industry, and client risk tolerance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Scope of Review & Methodology
- Regulatory Framework
- Findings & Compliance Assessment
- Permitting Status
- Remediation & Corrective Action Obligations
- Risk Allocation & Liability Analysis
- Recommendations & Action Plan
- Dispute Resolution & Enforcement
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Environmental Compliance Report
Prepared for: [LEGAL NAME OF CLIENT], a [State] [Entity Type] (“Client”)
Prepared by: [Consultant/Preparer], a [State] [Entity Type] (“Preparer”)
Facility/Project: [Facility Name / Project Description]
Site Address: [Street Address, City, County, FL ZIP]
Effective Date: [DATE]
Governing Law: Federal environmental statutes and the laws of the State of Florida.
Forum Selection: Exclusive jurisdiction in the [Name of FL Circuit Court] or other court of competent environmental jurisdiction.
[// GUIDANCE: Use the Environmental Court division where available; otherwise specify circuit court.]
RECITALS
A. Client has engaged Preparer to perform an environmental compliance assessment for the Facility/Project in accordance with applicable federal and Florida environmental laws, regulations, and standards.
B. Preparer has conducted document review, physical inspection, personnel interviews, and regulatory inquiries as outlined herein.
C. This Report sets forth the results of Preparer’s assessment and identifies actions necessary to achieve and maintain compliance.
2. DEFINITIONS
For purposes of this Report, the following capitalized terms shall have the meanings assigned below:
“CAA” – The Clean Air Act, 42 U.S.C. § 7401 et seq.
“CERCLA” – The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.
“CWA” – The Clean Water Act, 33 U.S.C. § 1251 et seq.
“DEP” – The Florida Department of Environmental Protection.
“Hazardous Substance” – Any substance defined or listed as hazardous under CERCLA or applicable Florida law.
“Permit” – Any federal, state, or local permit, license, certification, or approval required for the Facility’s operations.
“RCRA” – The Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.
“Report” – This Environmental Compliance Report, including all appendices and schedules.
“State Regulations” – Collectively, Florida Statutes Chapter 403 and the implementing regulations codified in the Florida Administrative Code Title 62.
[// GUIDANCE: Add additional defined terms (e.g., “Stormwater Rules,” “NPDES Permit”) as needed.]
3. SCOPE OF REVIEW & METHODOLOGY
3.1 Purpose. The purpose of this Report is to evaluate the Facility’s compliance with applicable environmental requirements, identify potential liabilities, and recommend corrective measures.
3.2 Scope. The assessment encompassed:
a. Review of existing Permits and applications;
b. Site inspection on [DATE];
c. Interviews with Facility personnel;
d. Review of operational records (five-year lookback);
e. Regulatory database searches; and
f. Limited sampling and laboratory analysis of soil, groundwater, and air emissions (where indicated).
3.3 Exclusions. The following were expressly excluded unless noted otherwise: wetlands delineation, endangered species surveys, cultural resource assessments, and asbestos/lead paint surveys.
[// GUIDANCE: Tailor the exclusions and include justification.]
4. REGULATORY FRAMEWORK
4.1 Federal Statutes.
a. CAA – Stationary source permitting (Title V) and New Source Performance Standards.
b. CWA – National Pollutant Discharge Elimination System (NPDES) stormwater and wastewater discharge requirements.
c. RCRA – Subtitle C (hazardous waste) generator standards.
d. CERCLA – Release reporting and cleanup liability.
4.2 Florida Statutory & Regulatory Requirements.
a. State Regulations – F.S. ch. 403 and F.A.C. chs. 62-4 (permits), 62-302 (water quality), 62-701 (solid waste).
b. County & Municipal Ordinances – [Cite Local Code] stormwater management, hazardous material storage, and noise limits.
4.3 Permitting Authorities.
DEP serves as the primary state regulatory authority; delegated programs administered by [Name of Local Program] apply for air and wastewater permitting.
5. FINDINGS & COMPLIANCE ASSESSMENT
5.1 Air Quality.
• The Facility operates two boilers subject to CAA Title V. Permit No. [####] expires [DATE]. Documented NOx exceedances on [DATE(S)].
5.2 Water Quality & Stormwater.
• NPDES Permit No. [####] authorizes process wastewater discharge to [Receiving Water]. Sampling on [DATE] showed TSS at 110 mg/L, above limit of 90 mg/L.
5.3 Hazardous Waste Management (RCRA).
• Generator status: Large Quantity Generator (LQG). Manifests for [MONTH/YEAR] missing TSDF signature copies.
5.4 Chemical Storage & EPCRA Reporting.
• Tier II reports for CY [YEAR] filed late (submitted [DATE]).
5.5 Universal Waste & Used Oil.
• Labels missing on three used-oil drums. Secondary containment adequate.
[// GUIDANCE: Insert additional subsections (e.g., PCBs, asbestos, USTs) as applicable.]
6. PERMITTING STATUS
6.1 Active Permits. See Schedule 6-A for complete permit matrix (number, agency, expiration, renewal window).
6.2 Pending Applications. Application for Title V renewal submitted [DATE]; completeness determination anticipated [DATE].
6.3 Required Permits Not Yet Obtained. Stormwater Construction Generic Permit needed for planned expansion Phase II (expected groundbreaking [DATE]).
7. REMEDIATION & CORRECTIVE ACTION OBLIGATIONS
7.1 Historical Releases.
• Release of diesel fuel (approx. 200 gallons) on [DATE]; incident reported to DEP within 24 hours. Corrective Action Plan (CAP) approved [DATE].
7.2 Cleanup Standards.
• Soil cleanup target levels (SCTLs) per F.A.C. 62-777: Benzo(a)pyrene exceeded residential SCTL (0.1 mg/kg) at boring SB-3 (0.35 mg/kg).
7.3 Ongoing Obligations.
• Quarterly groundwater monitoring through [DATE].
• CAP completion report due [DATE].
7.4 Financial Assurance.
• Letter of credit for $500,000 posted with DEP (expires [DATE]).
8. RISK ALLOCATION & LIABILITY ANALYSIS
8.1 Indemnification.
Subject to any contractual agreements, responsibility for environmental liabilities (including investigation, cleanup, and third-party claims) remains with [Current Owner/Operator].
8.2 Liability Caps.
Pursuant to Client instructions, liability exposure is capped at direct remediation and cleanup costs, exclusive of consequential or punitive damages.
8.3 Insurance Coverage.
• Pollution Legal Liability (PLL) Policy No. [####] limits: $10,000,000 per occurrence/$20,000,000 aggregate; expiration [DATE].
[// GUIDANCE: Verify policy exclusions—known conditions, intentional acts, & contractual liability.]
8.4 Future Regulatory Changes.
Current rulemaking under F.A.C. 62-780 may tighten vapor intrusion standards; anticipate potential increase in indoor air sampling requirements within 12–18 months.
9. RECOMMENDATIONS & ACTION PLAN
9.1 Immediate (0–30 Days).
a. Submit missing LQG manifest return copies to DEP.
b. Relabel used-oil drums in accordance with 40 C.F.R. § 279.22.
9.2 Short-Term (31–180 Days).
a. Implement best available control technology (BACT) upgrade to boilers to address NOx exceedances.
b. Conduct Tier II training for EHS staff; update inventory mapping system.
9.3 Long-Term (181 Days – 2 Years).
a. Complete CAP and obtain No Further Action determination from DEP.
b. Evaluate feasibility of onsite water reuse to reduce discharge volumes and comply with potential numeric nutrient criteria.
[// GUIDANCE: Prioritize tasks based on regulatory deadlines and potential penalties.]
10. DISPUTE RESOLUTION & ENFORCEMENT
10.1 Governing Law.
This Report shall be interpreted in accordance with federal environmental statutes and the laws of the State of Florida, without regard to conflict-of-laws principles.
10.2 Forum Selection.
All disputes arising from or relating to this Report shall be resolved exclusively in the environmental division of the [Circuit] Court in [County], Florida, or, where jurisdiction is vested by statute, in the United States District Court for the [Middle/Northern/Southern] District of Florida.
10.3 Limited Arbitration.
At the election of either party, technical disputes (e.g., sampling methodology or analytical protocols) shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with the arbitrator possessing not less than ten (10) years of environmental engineering experience. The arbitrator’s authority is limited to determining the correct technical procedure; legal questions remain reserved for the courts.
10.4 Jury Waiver.
Each party knowingly and voluntarily waives trial by jury for any dispute arising out of or relating to this Report, to the extent permitted by applicable law.
10.5 Injunctive Relief.
Nothing in this Section shall limit a party’s right to seek injunctive or equitable relief to prevent or remedy an imminent or ongoing violation of environmental law.
11. GENERAL PROVISIONS
11.1 Amendment.
This Report may be amended only by a written instrument signed by both Client and Preparer.
11.2 Reliance & Use.
This Report is intended solely for the benefit of Client and may not be relied upon by any third party without Preparer’s prior written consent, except as required by law or regulatory agencies.
11.3 Confidentiality.
Subject to public-record laws, the Report shall be treated as confidential and disclosed only to those with a legitimate need to know.
11.4 Severability.
Should any provision herein be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.5 Entire Agreement.
This Report, together with any appendices, constitutes the entire understanding between the parties regarding the subject matter and supersedes all prior representations.
11.6 Counterparts; Electronic Signatures.
This Report may be executed in any number of counterparts and by electronic signature, each of which shall be deemed an original.
12. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have caused this Environmental Compliance Report to be executed by their duly authorized representatives as of the Effective Date.
CLIENT:
Name: [NAME]
Title: [TITLE]
Date: ____
PREPARER:
Name: [NAME]
Title: [TITLE]
Date: ____
Notary Acknowledgment (if required):
State of Florida
County of ______
Sworn to and subscribed before me on this ___ day of _, 20_, by ___, who is personally known to me or has produced _____ as identification.
Notary Public, State of Florida
My Commission Expires: ___
[// GUIDANCE: Attach supporting schedules (e.g., Permit Matrix, Sampling Data Tables, Site Maps, Photographs) as separate appendices.]
DISCLAIMER: This template is provided for general informational purposes and does not constitute legal advice. Laws and regulations are subject to change, and factual circumstances vary. Users must consult qualified legal counsel licensed in Florida to ensure compliance with all applicable requirements before finalizing or relying upon this document.