Who should apply for the PERMIT?

[Billyjack1]

I have about 6 acres that I have been filling in with dirt and the other day I had a construction/Trucking company come to me with the offer of about 2000 +/- loads that I could purchase. The construction/trucking company has subcontracted from another construction company the job of hauling the dirt off of a site that they are preparing to do some work for distribution company. The construction company that is doing the job for the distribution company came to me and said that there has to be a permit for dumping the dirt and they want me to get it in my name. They told me that they wanted me to get the permit in my name because when they get done with their job I would probably have someone else hauling more dirt in at a later time. That is most likely because I will probably need more dirt after this job. Question is should one of the construction companies get the permit or am I obligated to get it and if so what conditions am I looking at by getting the permit in my name? For all replys I do thank you.

 

[DMcGrath]

It sounds as if you are talking about a land disturbance or erosion and sediment control permit. It is likely the laws where you are put the ultimate responsibility for permitting and environmental compliance on the owner of the property. Check with your local city/county engineering department for the rules and what will be required to obtain the necessary permits. If you have 6 acres that you are filling as you say, you will for sure trigger a NPDES permit requirement (land disturbance >1 acre).

If you have already done significant filling without any permits, you might be needing some professional (engineering and/or legal) help.

 

[msucog]

someone has to get the permit because of the size of the disturbed area (exactly like DMcGrath states). it doesn't necessarily have to be the owner. i would suggest have the contractor responsible for doing all the work take care of the permit so that they will be careful not to violate the local/state requirements which can result in very large fines. lots of local issuing authorities require erosion control plans and very specific things to be done/not done during construction. i would check with your state epd or local issuing authority to see what the requirements are to apply for the permit.
and again, if the permit is in your name and your contractor does something stupid to get a fine, i believe the fine would go to you...your contract with the contractor would need to specify who's going to pay for fines if the permit is in your name...should probably say anyway.
one more issue slightly off topic...beware of the soil that they bring you. i see soil that is too wet, organic, etc hauled offsites all the time and end up on other jobs of mine. the soil gets rejected because if it's too wet, you want meet compaction requirements. if it's organic, it should not be used as structural fill. if you're not completely sure about everything mentioned, contact a local civil or material testing firm and discuss everything with them. it may cost you money...but it will likely save money in the long run depending on your location.

 

[Froachie]

Any wetlands on-site?

 

[cvg]

I would guess that you may need more than one permit. Typically for grading you need a permit from the county or city for the grading and drainage plan. The contractor may need a hauling or dust control permit. you definitely need a NPDES Storm Water Pollution Prevention Plan (SWPPP). And you may need a 404 permit if you have any natural stream or wetlands on the site.

 

[Billyjack1]

I would like to think everyone for their suggestions to my post and they did start me to thinking before I would sign any paper work. I finally come to an agreement with the construction company and that was they would get the permit in their name but I could not do anything with my land till they finished dumping the dirt that they had and they would then apply back to the county/state to get the permit out of their name. Thanks again