There is nothing new about solid waste law. The solutions which society seeks to foster, though, have changed over the years. Simple, uncontrolled burning gave way to landfills thought safe. Now the combustion products and cooling water impacts of incinerators are appreciated (and a disincentive to recycling). Even Co-generation power plants encounter strong opposition. Municipalities wonder whether to host new facilities or share in the costs of regional plants.
Our legal and consulting services have given us experience in solid waste matters of all kinds. We have represented clients on all sides of the issues -- facility developers, municipalities, and citizen groups -- and so we understand all points of view. Additionally, we are familiar with all types of solid waste management facilities including resource recovery plants, landfills, recycling centers, and transfer stations.
We are familiar with facility site assignments with appropriate enforceable, written conditions; shutting down illegal facilities; violation notices and enforcement orders. We help negotiate mitigation, compensation, and controls on new plants embodied in host community agreements.
For example, we were counsel to a board of health which chose to approve a new landfill. We advised the board on all procedures, assisted the board in conducting the public hearing and maintaining the public record, reviewed all environmental impact analysis documents, and assisted the board in drafting and issuing a site assignment subject to detailed findings and conditions, including our extensive list of environmental and other mitigation measures to ensure maximum protection of public health, safety, and the environment. Finally, we assisted in drafting a host community agreement for the town to be signed by the project sponsor in which the town will be compensated for hosting the facility.
For another community we reviewed a proposed mass-burn resource recovery facility already approved by state legislation. We reviewed this enabling legislation, contracts between the state and the private developer, host community contracts, all permit applications and environmental reviews, and project design, in order to provide full representation before state agencies.
We represented another town to require an existing landfill to design and implement a closure plan. The landfill was not in compliance with permit conditions and state and local landfill regulations. New local regulations were drafted by the town's consulting engineer, to assess the landfill's present condition and to review the closure plan. We also represented the town in proceeding before DEP to bring about adherence to state administrative penalties and orders.
When negotiations fail we represent Litigants in full-scale adjudicatory hearings or trials.