Marten’s attorneys counsel clients navigating state, federal, and international requirements applicable to waste generators and transporters as well as owners/operators of treatment/storage/disposal (TSD) facilities, composting facilities, solid waste landfills and transfer stations, underground storage tanks (USTs), and publicly owned treatment works “POTWs”. We also provide assistance to companies facing concerns about PCBs, asbestos, used oil, and universal or non-hazardous waste. Our attorneys have considerable experience with the federal Resource Conservation and Recovery Act (RCRA), as well as delegated state hazardous waste programs, and state and local solid waste management requirements. We also advise clients on compliance with European Union Directives, such as Waste Electrical & Electronic Equipment (WEEE) and the related RoHS hazardous substances restrictions. Our waste management legal services include:
- Counseling on waste classifications
- Recycling and beneficial re-use options
- Permitting requirements, including financial assurance mechanisms and requirements
- Facility closure issues and strategies
- Employee training and contingency planning requirements
- Corrective action plans, including for leaking UST sites
- Waste issues associated with agricultural sites, including pesticide and herbicide storage and management, manure management, and residuals land application practices.
With respect to hazardous waste, Marten’s attorneys counsel clients on a wide range of hazardous waste issues, including:
- Waste qualification and identifying regulatory exemptions
- Evaluating specific regulatory obligations under the rules for generators, transporters, and TSD facilities
- Developing strategies for modifying existing operations or designing new operations so that regulatory compliance can be ensured as cost-effectively as possible.
We also address hazardous waste issues in the context of site remediation, for example with respect to facility-wide “corrective action” requirements for interim status or permitted TSD facilities, as well as RCRA requirements for handling contaminated soil and debris at sites being cleaned up pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) or state voluntary remediation programs.