Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation Land and Sustainable Use Webinar

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled:

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021 (“Webinar”)

The Webinar addressed a variety of federal and state decisions, litigation, rulings, regulations, policies, etc., either directly or indirectly related to solid or hazardous waste (including recycling) that have arisen over the last 12 months.

The topics addressed included:

  • Arkansas Medical Marijuana Rules/Waste Issues
  • Cannabis Industry Recycling/Sustainable Practices: Colorado Department of Revenue Stakeholder/Rulemaking Activities
  • Recyclable Materials Franchise Agreement/Reno, Nevada: Federal Appellate Court Addresses Antitrust Challenge
  • Constitution and Demolition Debris/Flow Control: Federal Court Addresses Challenge to King County, Washington Ordinance
  • Auto Shredder Residue/Non-Hazardous Secondary Materials: U.S. Environmental Protection Agency Addresses Request for Non-Waste Fuel Determination
  • Waste Paper/Non-Hazardous Secondary Materials: U.S. Environmental Protection Agency Addresses Request for Non-Waste Fuel Determination
  • Beneficial Use of Fill-Like Materials Survey: Association of State and Territorial Solid Waste Management Officials Report
  • Combustible By-Products/Electric Power Industry: U.S. Energy Information Administration Report Addresses Production/Recycling Rates
  • Defense to Responsibility for Scrap Metal Recycling: Texas Commission of Environmental Quality Findings and Legislative Recommendation
  • Arkansas Recycling Tax Credit Program: Reminder
  • Criminal Enforcement/Hazardous Waste: California Water Bottler Sentenced for Alleged Storage/Transportation Violations
  • Criminal Enforcement/Clean Water Act: Industrial Wastewater Operator Pleads Guilty to Alleged Landfill Leachate Discharges
  • Criminal Enforcement: Former Electronics Recycling Company President Sentenced for Alleged Hazardous Waste Violations
  • Beverage Containers/California Redemption Value Program: Seven Individuals Indicted for Alleged Fraud – Seinfeld Episode
  • Expanded RCRA Enforcement Addressing Hospitals, Pharmacies, Colleges, Labs, Retail Facilities (reverse distribution)
  • Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Morrilton Vehicle Repair Facility Enter into Consent Administrative Order
  • Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs Sawmill Equipment Manufacturing Facility Enter into Consent Administrative Order
  • Universal Waste Enforcement: Arkansas Department of Energy and Environment – Division of Environmental Quality and Crittenden County Electronics Salvaging/Reselling Facility Enter into Consent Administrative Order
  • Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Miller County Property Owner Enter into Consent Administrative Order
  • Solid Waste/Water Enforcement: Arkansas Department of Energy and Environment and Sites Owner Enter into Consent Administrative Order
  • Superfund/Cost-Recovery Action: Federal Appellate Court Addresses Challenge to Allocation Methodology
  • Petroleum/Spill Release: Texarkana, Arkansas, Retail Motor Fuel Operator Files Cost Recovery Action
  • Oakland Athletics v. California Department of Toxic Substances Control: Petition Filed Seeking Regulation of Metal-Shredding Operation by California Hazardous Waste Law
  • Pollution Exclusion/Insurance Coverage: U.S. District Court Addresses Applicability to Heating Oil Tank Release
  • Resource Conservation and Recovery Act Guidance: U.S. Environmental Protection Agency Addresses Management of Waste Elemental Mercury
  • Use of Polymerization as Treatment Method: U.S. Environmental Protection Agency RCRA Guidance
  • Municipal Solid Waste Landfills/NESHAP: U.S. Environmental Protection Agency Proposes Technical Revisions/Clarifications
  • Closed Hazardous Waste Units: U.S. Environmental Protection Agency Office of Inspector General Report
  • Landfill Permitting: Conservation Law Foundation Complaint Alleging New Hampshire Failure to Establish/Update Solid Waste Plan
  • Odor Control/RCRA Subtitle D Landfills: Association of State and Territorial Solid Waste Management Officials Report
  • Toxics Release Inventory/Community Right-to-Know: U.S. Environmental Protection Agency Announces Plan to Address Environmental Justice
  • Closed Landfills/PFAS: Minnesota Pollution Control Agency Announces Sampling Results
  • PFAS Monitoring Requirements for Bulk Storage Terminals/Refineries: California Water Resources Control Board Order
  • Arkansas Underground Storage Tank Program: U.S. Environmental Protection Agency Public Notices Approval of Revisions
  • UST Finder/National Underground Storage Tanks: U.S. Environmental Protection Agency/ASTSWMO Release Web Map
  • 93rd Arkansas General Assembly: Petroleum Storage Tank Trust Fund Balance Revision
  • Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision
  • Hazard Communication Standard: Occupational Safety and Health Administration Proposed Revisions/Update

A copy of the slides can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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