Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Category Archives: Solid Waste

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The SJC’s Southbridge Standing Case, Take Two

Posted in Miscellaneous, Solid Waste, Standing, Zoning
On February 22, 2012, the Supreme Judicial Court (SJC) re-issued its decision in Board of Health of Sturbridge v. Board of Health of Southbridge (pdf).  The appellants had mailed their notice of appeal to the lower court on the last day for appeal, but it arrived and was docketed four days later.  The SJC initially released its decision in January, but withdrew it two… Continue Reading

DEP Extends Comment Period for AUL Guidance

Posted in Environmental, Policy, Solid Waste
As predicted in this prior post, the Massachusetts Department of Environmental Protection (DEP) has extended – to May 1, 2011 – the public comment period for its newly proposed Activity and Use Limtation Guidance.  While this extension is helpful, many commenters had suggested that DEP extend the comment period until after DEP finalizes its proposed Vapor Intrusion Guidance, because… Continue Reading

DEP’s Proposed AUL Guidance Dodges Vapor Intrusion

Posted in Environmental, Policy, Solid Waste
The Massachusetts Department of Environmental Protection (DEP) recently released for public comment a draft of its proposed Guidance on Activity and Use Limitations (“AULs”) (pdf).  Recognizing that in almost every waste site cleanup there is some residual contamination that is either impractical or impossible to remove, AULs provide a way of ensuring that human health is adequately protected over time and through future changes in… Continue Reading

DEP’s Transfer of Solid Waste Permitting Authority Premature

Posted in Environmental, Legislation, Solid Waste
In a recent entry we discussed how the Massachusetts legislature amended the Massachusetts solid waste statute, M.G.L. c. 111, Sec. 150A, to shift the responsibility for permitting small solid waste transfer stations (less than 50 tons of refuse per day) from the Department of Environmental Protection (DEP) to local Boards of Health.  Not so fast .… Continue Reading

State Dumps Responsibility For Small Waste Transfer Stations On Municipalities

Posted in Environmental, Legislation, Policy, Solid Waste
The Massachusetts legislature recently amended the Massachusetts solid waste statute, M.G.L. c. 111, sec. 150A.  In a nutshell, these amendments shift responsibility for permitting transfer stations that accept less than 50 tons of refuse a day from the Department of Environmental Protection (DEP) to local Boards of Health.  They also remove DEP’s authority to provide Boards of Health with site… Continue Reading