Overview

Our environmental lawyers have extensive experience advising on issues involving the generation, transportation, storage, treatment, disposal and recycling of solid waste, construction and demolition debris, infectious waste and hazardous waste. Our lawyers provide education and guidance to help clients develop effective regulatory compliance policies and proactive risk management strategies.

Clients benefit from the services of a team experienced in providing efficient and value-added counsel on every aspect of this complex and fast-changing area of law. Our practice covers:

  • Land use planning, facility siting and expansion
  • Waste contracting
  • Acquisition and divestiture of waste facilities/businesses
  • Plant/facility operations
  • Air pollution issues including odors
  • Wastewater discharges
  • Wetlands encroachments
  • Groundwater impacts
  • Explosive gas monitoring including requirements for the New Source Performance Standards (NSPS)
  • Solid waste
  • Infectious waste
  • Hazardous waste
  • Remediation including RCRA Corrective Action and CERCLA Removal and Remedial Actions
  • Reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and equivalent state programs
  • Permitting of waste facilities
  • Administrative rule-making appeals
Experience

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.

Representative Experience
  • 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.
Podcasts
Environmental L.A.W.S.: Learning from the Past and Planning for the Future
August 5, 2020

A discussion between Thompson Hine partners Devin Barry and Joel Eagle

In this podcast, Devin shares some observations on clients’ compliance challenges arising from COVID-19, and discusses with Joel how these challenges can be used to develop future COVID-19 compliance and enforcement defense strategies. Join us for this lively discussion that will be of interest to in-house counsel and EHS managers interested in proactively addressing compliance as the pandemic continues to create challenges throughout 2020.

Environmental L.A.W.S.: Manufacturing Plant Closures: Legal Compliance & Strategic Decision-Making for Investigation, Remediation & Sale
September 1, 2020

A discussion between Thompson Hine partners Andy Kolesar and Wray Blattner.

In this episode, Andy shares his insights on strategic considerations for companies closing former manufacturing plants (something happening more frequently as a result of the COVID-19 pandemic) that can lead to favorable outcomes in terms of complying with legal requirements, conducting cost-effective cleanups and maximizing the sale price. Andy and Wray discuss the pros and cons of mothballing former manufacturing properties, the risks and benefits of Phase II sampling to help quantify cleanup costs, long-term risk management considerations, and the key elements of effective corporate-wide plant closing and remediation programs. Join us for this lively discussion that will be of interest to in-house counsel, EHS managers and corporate real estate professionals who are facing (or will face) the challenges presented by plant closures.