HAZARDOUS & SOLID WASTE / RCRA: DESCRIPTION

McKenna Long & Aldridge lawyers have extensive experience advising clients, representing clients in enforcement proceedings and litigating cases involving hazardous and solid waste issues. Our extensive knowledge of the federal Resource Conservation and Recovery Act (RCRA) program enables us to guide clients in managing waste, ensuring compliance and avoiding enforcement actions. Our practice involves both federal and state programs, including state programs that have been delegated federal regulatory authority by U.S. EPA, as well as non-delegated state regulatory programs. Our state program expertise includes comprehensive experience with the uniquely convoluted and complex California state regulatory regime.

Our lawyers have represented clients on the entire spectrum of issues resulting from “cradle to grave” regulation of hazardous waste, including, among other things:

Determination of whether and when a material is a “solid waste”
Assessment of whether particular types of waste are “hazardous”
Counseling on general ongoing regulatory compliance for generators, transporters and treatment/storage/disposal (TSD) facilities
Analysis of whether certain processes involve “treatment” of hazardous waste, which may require a TSD permit
Advice on preparation of a biennial hazardous waste generation report
Advice on preparation of hazardous waste manifests
Advice on the consequences of recycling activities on a particular waste stream’s regulatory status
Advice on management of so-called “Bevill amendment” wastes
Initiation of hazardous waste permit modifications
Advice on TSD closure activities
Negotiation of post-closure permitting
Assistance on financial assurance mechanisms and closure cost
Negotiation of RCRA corrective action orders
Advice on the identification of solid waste management units and corrective action management issues
Negotiation of cleanup requirements and cleanup levels
Delisting of hazardous waste
Advice and assistance in obtaining favorable written determinations from both EPA and state agencies on regulatory exemptions for certain processes and hazardous materials, where such determinations are necessary or desirable
Advice and assistance with "mixed waste" issues, i.e., wastes and recyclable materials that are radioactive as well as chemically hazardous
Assistance concerning hazardous waste and generator fees as well as oversight cost mechanisms
Advice on waste oil regulation
Advice on release reporting requirements
Advice on the interplay of federal and state waste regulation in states that have not been delegated authority to administer the federal RCRA program
Assistance with selection and evaluation of both hazardous and non-hazardous waste disposal facilities
Assistance with landfill siting and compliance with municipal solid waste landfill regulations
Assessment of universal wastes compliance

McKenna Long & Aldridge attorneys have also had a wide range of experience defending enforcement actions brought by U.S. EPA and state environmental agencies relating to, among other things, alleged unlawful disposal of hazardous waste in unlined surface impoundments, hazardous waste TSD permit violations, non-compliance with 90-day hazardous waste accumulation rule, container storage violations, manifesting discrepancies, record-keeping violations, failure to comply with corrective action requirements and failure to comply with applicable air emission rules. We have also litigated numerous hazardous and solid waste cases, including both prosecuting and defending RCRA civil suits and defending lawsuits and defending challenges to permitting decisions.

Our hazardous and solid waste regulatory practice is supplemented by extensive Superfund and brownfields practices.