Waste

Untangling Waste Regulations

Solid and hazardous waste, universal waste, used oil, and underground storage tanks are regulated by the Resource Conservation and Recovery Act (RCRA), including recycling exemptions and exclusions. We frequently counsel clients on these provisions, as well as waste accumulation, manifesting and record keeping standards, treatment, and storage and transportation. The firm also prosecutes and defends RCRA Citizen Suits and is currently defending a high-profile coal combustion residue case.

We advise on recycling exemptions, exclusions, and beneficial reuse opportunities. The firm served as counsel for several pioneering waste-to-energy and waste-to-raw-material projects involving unique environmental opportunities and host community relationships. Our attorneys have experience siting and permitting landfills, both solid waste and construction and demolition debris, and facilities that process and recycle hazardous materials.

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. The firm represents the developer of a former coal-fired power plant in both administrative and federal court litigation.

RCRA and CERCLA

Our attorneys handle enforcement efforts under RCRA and CERCLA including allegations relating to the unlawful disposal of waste, waste characterization requirements, storage of hazardous waste, closure, recycling, release reporting, and emergency actions. 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.

Landfills

Our attorneys have broad and significant experience with both municipal and private landfills including siting, permitting and operational issues for both solid waste and construction and demolition debris landfills. In addition to negotiation of closure plans with US EPA and Ohio EPA for hazardous and solid waste units, the firm has advised landfill owners and operators on compliance with solid and hazardous waste regulations. We work with several clients who are involved in diverting landfill material for traditional recycling or byproduct management, as well as a client developing technology to harvest materials from landfills. On the public side, MD has also represented approved health departments that permit and inspect landfills using authority delegated by Ohio EPA.

Key Contacts

Reach out for more information on our waste practice.

Greg DeGulis

Wendy Lavey

Lou McMahon

Megan Goedeker

Dave Nash

Our Services

We integrate our environmental and regulatory practice with litigation and transactional skills to deliver comprehensive solutions to our clients.

Regulatory Compliance

Litigation

Transactional & Redevelopment

Experience Across a Range of Industries

Whether you are looking for guidance on RCRA requirements or solid waste disposal, we are deeply experienced with the unique needs arising across a range of industries.