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Solid Waste Management

Overview

In 1988, Ohio enacted House Bill 592, which created a comprehensive solid waste regulatory program that required Ohio to minimize its reliance on landfills and increase efforts to reduce, reuse and recycle. Since then, Eastman & Smith has developed a highly experienced Solid Waste Management Practice Group with multiple attorneys.

The Firm's solid waste management legal team provides specialized representation, advice and document preparation relating to legal issues faced by Ohio's solid waste districts, local health departments, municipalities and townships, private persons and corporations, including the following:

  • development and implementation of solid waste management plans and plan updates;
  • payment and collection of solid waste fees;
  • enforcement of solid waste management district rules and flow control;
  • Commerce Clause and constitutional litigation;
  • drafting contracts to obtain solid waste and recyclable materials collection and processing services;
  • development of requests for bids and/or requests for proposals to procure solid waste services through competitive bidding for public entities;
  • regulatory compliance issues concerning all types of solid waste and recycling facilities including: sanitary landfills, construction and demolition debris landfills (C&DD), transfer stations, material recovery facilities, and composting facilities;
  • zoning, land use and permits to install and/or operate solid waste facilities;
  • prosecution and defense of solid waste appeals to the Ohio Environmental Review Appeals Commission (ERAC), and representation in solid waste matters involving Ohio EPA or other State agencies;
  • solid waste legislative analysis and lobbying services;
  • exercise of eminent domain;
  • solid waste nuisance issues; and
  • representation and/or training regarding solid waste and hazardous waste environmental crimes.

Notably, the Firm was engaged in the original passage of H.B. 592 and has been involved in each subsequent revision. The Firm has been actively involved in the Organization of Solid Waste Districts of Ohio (OSWDO), and works closely with the County Commissioners Association of Ohio (CCAO) on issues and legislation pertaining to solid waste management.

We invite you to contact one of our attorneys to see how we may assist you.

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