Solid Waste

Widely considered the pre-eminent solid waste practitioners in Massachusetts, we represent the leaders in the industry and municipalities on a wide range of solid waste matters.  Our long experience in this dynamic market and with key regulators benefits our clients navigating the siting, permitting, compliance and enforcement shoals.  Our strength is defusing public and regulator opposition to these notoriously difficult to site, permit and operate facilities.

Representative Matters

  • Obtained solid waste site assignments for vertical expansion of ash landfill, increase in daily tonnage limit for energy from waste plant, new 1,000 ton per day solid waste transfer station, and conversion of two different C&D transfer stations to MWS and contaminated soils facilities.
  • Negotiated Administrative Consent Order resolving MassDEP enforcement against inner city transfer station related to odor.
  • Negotiated Administrative Consent Order for use of contaminated soil in closure of landfill.
  • Advised anaerobic digestion company on site selection and permitting of state of the art, first of its kind in U.S. depackaging facility.
  • Representing citizens in enforcement case against rouge unlawful solid waste facility masquerading as a farm
  • Defended operator of Town solid waste transfer station against Town’s attempt to prematurely terminate operating agreement.
  • Assisted local hauling company in defeating Selectmen’s Town Meeting attempt to franchise residential collection.
  • Represented hauler in purchase of brownfields property for recycling facility.
  • Obtained a solid waste site assignment major modification allowing an existing construction and demolition debris processing facility to transfer municipal solid waste and mildly contaminated soils by rail.
  • Negotiated the terms of a letter of intent for a developer to use mildly contaminated soil to grade, shape, cap, close and ultimately redevelop a former municipal landfill located on valuable coastal property.
  • Obtained an Advisory Opinion under MEPA that a solar power array on a closed coal ash landfill did not require environmental review, which paved the way for issuance of a post-closure use permit by MassDEP and timely construction.
  • Negotiated Administrative Consent Order and remediation contract allowing national solid waste landfill owner to remediate an off-site historical disposal area using mildly contaminated soil.
  • Conducted over thirty site assignment public hearings as a Hearing Officer for municipal Boards of Health; most recently, for a site assignment modification at a transfer station, and for two different landfill expansions.
  • Obtained solid waste assignment for landfill vertical expansion using MSE berms.
  • Negotiated multiple Administrative Consent Orders resolving waste ban and other enforcement matters.
  • Secured approvals from local zoning boards of appeals for recycling and composting facilities.
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