Solid & Hazardous Waste
Our attorneys have experience siting and permitting solid waste and construction and demolition debris landfills and facilities that process and recycle hazardous materials. We also address operational and compliance issues; advise on changing regulations and generator obligations, including RCRA waste determinations; coordinate permitting for hazardous waste treatment and disposal facilities; navigate RCRA corrective action, including site characterization, evaluation of remediation options, and negotiation of orders; and advise on the applicability of recycling and beneficial use exemptions. The firm has advised on several pioneering waste-to-energy and waste-to-raw-material projects involving unique environmental opportunities and host community relationships.
The firm represents both public and private clients in this practice area. Our work on behalf of public entities has included counseling local health departments on the implementation of delegated authority for regulating landfills. This gives the firm unique perspective having advised both regulators and regulated entities.
Representative matters include negotiating closure plans with US EPA and Ohio EPA for hazardous and solid waste units; counseling regarding Cuyahoga River dredging, disposal and beneficial re-use and development of environmentally innovative green bulkheads and disposal options; serving as special counsel to a bankruptcy trustee overseeing a bankrupt solid waste landfill, and as a court appointed receiver for a defunct solid waste and construction and demolition debris facility; representing a waste-to-energy developer in siting and financing of a proposed facility, which included analysis of flow control issues; and counseling a municipal manager of a closed compost facility on stormwater and remediation issues.