News & Analysis as of

Waste Management Department of Environmental Quality

Mitchell, Williams, Selig, Gates & Woodyard,...

Lessons Learned Addressing Contaminants of Emerging Concern at Federal Facility Cleanups: August 2024 ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) released an August 2024 report titled: Lessons Learned Addressing Contaminants of Emerging Concern at Federal Facility Cleanups...more

Williams Mullen

UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environmental - Division of Environmental Quality and Air Curtain Incinerator...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Alternative Waste Management, LLC (“AWM”) entered into a February 26 Consent Administrative Order (“CAO”) addressing alleged violations...more

Williams Mullen

Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Info/2023 Biennial Report: Arkansas Department of Energy & Environment - Division of Environmental Quality Announces Module...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a reminder that states: The 2023 Biennial Report module in RCRAInfo is now open to start capturing data....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Enforcement: Mississippi Commission on Environmental Quality and Clarksdale Class I Rubbish Site Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Clarksdale, Mississippi, (“Clarksdale”) entered into a November 27th Agreed Order (“AO”) addressing an alleged violation of a Solid Waste Management...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Management Program Implementation Costs: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a November 2023 report titled: Hazardous Waste Management Program Implementation Costs Report (“Report”) - The Report was...more

Husch Blackwell LLP

Construction Stormwater Permitting in Virginia

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Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Human Health Risk Assessment Screening Tool for Atypical Risk Exposure Scenarios: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) released a report addressing a risk assessment screening tool titled: Human Health Risk Assessment Screening Tool for Atypical Risk...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Regional...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Ozark Mountain Solid Waste District Board of Directors (“Ozark”) entered into a June 26th Consent Administrative Order (“CAO”)...more

Williams Mullen

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation

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The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and mitigation of vapor intrusion (VI) at properties undergoing reuse and redevelopment (Draft...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Request for Adjudicatory Hearing/Commission Review Before Arkansas Commission on Pollution...

Several individuals (collectively “Petitioners”) filed a Request for Adjudicatory Hearing and Commission Review (“Petition”) on April 14th before the Arkansas Commission on Pollution Control and Ecology (“Commission”)...more

Beveridge & Diamond PC

Appeals Court Upholds Penalty Against Members of LLC that Owned Landfill for Violations of Oregon’s Landfill Closure Law

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A long-running dispute over a substantial civil penalty issued by the Oregon Department of Environmental Quality (DEQ) for violations of Oregon’s landfill closure requirements continued with the Oregon Court of Appeals’...more

Beveridge & Diamond PC

TCEQ Announces New Public Involvement Plan

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Starting November 1, 2022, Texas Commission on Environmental Quality (TCEQ) will require applicants who are applying for a new registration, permit, or activity, or making certain changes to an existing registration, permit,...more

Williams Mullen

VA DEQ’s 2022 Flood of Stormwater-Related Guidance - Part II: Proposed Technical Memorandum

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​​​​​​​Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more

Williams Mullen

DEQ's 2022 Flood of Stormwater-Related Guidance for VA - Part I

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​​​​​​​The Virginia Department of Environmental Quality (DEQ) is poised to unleash in 2022 a flood of new stormwater-related regulatory actions and related procedural and technical guidance for development projects and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Planning for Resiliency and Sustainability in a Changing Climate: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) announced the publication of an April 2022 report titled: Planning for Resiliency and Sustainability in a Changing Climate (“Report”) ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Management/Rule No. 23: Arkansas Department of Energy & Environment - Division of Environmental Quality Addresses...

Ms. Penny M. Wilson, CPM, authored a March 25th memorandum submitted to the Arkansas Department to the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) Hazardous Waste Generator email...more

King & Spalding

Major TCEQ Rulemaking Impacts Industrial Companies in Texas

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On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more

Mitchell, Williams, Selig, Gates & Woodyard,...

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy and Environment - Division of Environmental Quality Quarterly Newsletter: January 2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) has issued a new edition (January 2020) of its quarterly newsletter. DEQ describes the newsletter as providing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Post-Closure/Landfill: North Carolina Appellate Court Addresses RCRA Compliance Issue

The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alternative Daily Cover/Landfill: Alabama Appellate Court Addresses Challenge to State Rules

The Court of Civil Appeals of Alabama (“Court”) addressed in an October 11th opinion a challenge to certain Alabama Department Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Smith v. Lefleur,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Front Royal, Virginia Automobile Coatings Manufacturing...

The CA provides that ACS is an owner and operator of a facility (“Facility”) as those terms are defined in RCRA in Front Royal, Virginia. The Facility operates as an automobile coatings manufacturing facility. It is stated...more

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