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Solid Waste

Solid waste, which includes garbage and many kinds of industrial wastes, is regulated primarily by state and local governments. The EPA, under the Resource Conservation and Recovery Act ("RCRA"), has enacted some regulations pertaining to solid waste, which predominantly addresses how disposal facilities should be designed and operated. EPA's primary role in solid waste management is setting national goals, providing leadership and technical assistance, and developing educational materials.

To address the increasing volume of municipal solid waste, including tires, batteries, paper, packaging, food wastes, yard trimmings, produced in the United States, the EPA recommends state and local governments use a hierarchical approach to waste management. The hierarchy favors source reduction, which is making or using products in a way that creates less waste. Businesses can reduce waste by selling products with less packaging or with packaging that is less harmful to the environment. Homeowners can reduce waste by leaving grass clipping on lawns or composting them. Recycling and composting are the second tier of the hierarchy. Many communities have developed recycling and composting programs for their residents, and the federal government uses its purchasing program to bolster the market for products manufactured from recycled materials. Lowest on the list of ways to dispose of waste are use of combustion (confined and controlled burning) and landfills.

The EPA has developed criteria to prevent solid waste disposal facilities from harming human health or the environment. The criteria include provisions to ensure wastes disposal will not threaten endangered species, water, or flood plains. An owner or operator of a disposal facility must implement public health and safety precautions, install safety measures and measures to minimize the number of birds attracted to the site, and restrict public access to the facility. Land spreading of some wastes is restricted to protect groundwater. Facilities that fail to meet the criteria are classified as open dumps, and must be upgraded or closed. States have the option of developing stricter standards.

Municipal solid waste landfills are landfills that receive household wastes. In 1995, the EPA estimated there were approximately 2,500 municipal solid waste landfills in the United States. By 2001, the number of landfills decreased to approximately 1,800, although the size of the average landfill increased. The EPA has adopted criteria for this type of landfill, which are enforced by state-issued permits. States also may impose stricter requirements on landfills than the EPA requires. The criteria designate where landfills can be located and establish operating standards that require daily covering of the waste and prohibit open burning. Landfills must be lined and have a system for collecting leachate (liquid that forms when rainwater filters through wastes in a landfill) to prevent contamination of soil and groundwater. A landfill operator must maintain a system of wells to monitor groundwater quality near the landfill and clean up any contamination. Landfill owners also must have procedures for closing and maintaining landfills that have reached capacity, and proof that they have the financial resources for closure, post-closure, and clean-up activities.

Document: Sample Settlement Agreement

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Settlement Agreement

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Doar Rieck Kaley & Mack represents clients throughout New York, New Jersey and Long Island including New York City boroughs: Bronx, Brooklyn, Manhattan, Queens and Staten Island, and Suffolk County, Nassau County, Westchester County, Essex County, Hudson County, Bronx County, Kings County, New York County, Queens County and Richmond County.

Doar Rieck Kaley & Mack
Attorneys at Law

217 Broadway, Suite 707
New York, NY 10007
Phone: 212.619.3730
Fax: 212.962.5037

Long Island Office
1205 Franklin Avenue, Suite 330
Garden City, NY 11530
Phone: 516.739.4664

Doar Rieck
Kaley & Mack
Attorneys at Law

217 Broadway
Suite 707
New York, NY 10007
Tel: 212.619.3730
Fax: 212.962.5037

1205 Franklin Avenue
Suite 330
Garden City, NY 11530