We have extensive experience with the legal issues that may arise in virtually every facet of the generation, transportation, storage, treatment, disposal and recycling of solid waste, construction and demolition debris, infectious waste and hazardous waste.
- Land use planning issues related to facility siting and expansion.
- Public and private waste contracting issues.
- Environmental due diligence in the acquisition and divestiture of waste facilities, waste management businesses and facilities that have historically generated, stored, treated or disposed of solid waste, construction and demolition debris, infectious waste or hazardous waste.
Legal issues involving plant/facility operations, including:
- Operating standards
- Air pollution issues (including odors)
- Point source and non-point source wastewater discharges
- Wetlands encroachments
- Groundwater impacts
- Semiannual groundwater monitoring (including alternate source demonstrations)
- Explosive gas monitoring (including NSPS requirements)
- Waste characterization issues (including the hazardous waste mixture rule and universal waste rules)
- Solid waste recycling
- Solid waste disposal fee issues
- Solid waste district planning and local rules
- Infectious waste packaging, labeling, transportation and treatment requirements
- Hazardous waste generator identification/registration
- Hazardous waste generator status (LQG, SQG, CESQG) and attendant responsibilities
- Hazardous waste manifesting (including waste minimization requirements)
- Hazardous waste generator requirements (including waste accumulation rules, temporary storage requirements, labeling rules, contingency planning, annual reports and record-keeping requirements)
- Hazardous waste recycling (including speculative accumulation and use in lieu of disposal)
- Hazardous waste transportation requirements (including the exportation of hazardous waste)
- Remediation (including RCRA Corrective Action and CERCLA Removal and Remedial Actions)
- TSDF design and operation standards (including closure, post-closure care and financial assurance requirements)
- Reporting requirements under EPCRA and equivalent state programs
- Closure and post-closure care issues (including financial assurance of closure and post-closure care)
Legal issues related to the permitting of waste facilities, including:
- Solid waste facility permits to install
- Solid waste facility annual operating licenses
- Air pollution permits to install for waste facilities
- Air pollution permits to operate for waste facilities
- Title V permits for waste facilities
- Infectious waste facility registration
- 401 water quality certifications for waste facilities
- Storm water permits for waste facilities
- Groundwater monitoring plans
- Groundwater characterization prior to installation
- 404 permits for waste facilities
- NPDES permitting of direct discharges from waste facilities
- Pretreatment permits for discharges from waste facilities to POTWs
- Explosive gas monitoring plans
- Permit exemptions, permits by rule and variances
- Hazardous waste transporter registration
- Hazardous waste TSDF permitting
- Legal issues that arise under Cessation of Regulated Operations programs.