MassDEP Begins To Roll Out Its Regulatory Reforms: Good News On The Solid Waste Front

Author:Mr Seth Jaffe
Profession:Foley Hoag LLP

As I've previously discussed, MassDEP has been embarked on an effort – prompted by shrinking budgetary resources – to promulgate a package of regulatory reforms.While the package was announced in March 2012 and updated last October, we only saw the first set of actual proposed regulations last week, when MassDEP announced changes to both its asbestos regulations and its solid waste regulations.This post will focus on the solid waste package.

On initial review, it's a good package.It's not a panacea, but was never intended as such, and it certainly contains a number of changes that will make life easier for those in the regulated community and save MassDEP resources, without compromising environmental protection.Highlights include:

Simplifying rules for transfer stations, including elimination of operating permits for all transfer stations other than those accepting construction and demolition waste Presumptive approvals of some post-closure uses of landfills (post-closure uses located on the landfill itself would still be subject to the current post-closure use permitting process) Elimination of the current approval process for receipt of Special Wastes.Instead, DEP would combine performance standards for handling Special Wastes with presumptive approvals. Revisions to provisions regarding third party inspections of solid waste...

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