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SOLID WASTE
Shute, Mihaly & Weinberger LLP advises public agencies and community groups regarding solid waste management and recycling issues. The firm has expertise in the California Integrated Waste Management Act and the regulations and practices of the California Integrated Waste Management Board, local air quality management districts and the State Water Resources Control Board and the Regional Water Quality Control Boards. The firm is also experienced in the nature and extent of federal and state preemption of local regulation of solid waste.
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The firm serves as general counsel to the Alameda County Waste Management Authority (ACWMA), a joint powers agency comprised of Alameda County, two sanitary districts, and all the cities in Alameda County. The ACWMA is responsible for preparing and implementing the County Integrated Waste Management Plan and Hazardous Waste Management Plan, solid waste facility siting, and assisting member agencies in matters pertaining to solid and hazardous waste management. The firm advises the ACWMA in these areas on an ongoing basis and provides legal services in connection with a wide range of public agency matters such as Brown Act and Public Records Act compliance, conflicts of interest, land acquisition, and public contracts.
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The firm is advising the Alameda County Waste Management Authority in connection with providing green and food waste composting capacity in Alameda County by providing funding for up to two composting facilities. The firm is advising the Authority concerning regulatory compliance issues under the Endangered Species Act, the Clean Water Act, air quality requirements and County land use provisions. The firm is also representing the Authority concerning use of lands owned by the San Francisco Public Utilities Commission. We advise and represent the Authority in dealing with the firms that propose to build the compost facilities including drafting contracts necessary to establish the terms of Authority funding. We are also managing preparation of a program and project level EIR addressing issues relating to endangered species, wetlands, air quality, odors and traffic.
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The firm has extensive experience advising public agencies in negotiating, drafting, and enforcing waste collection and disposal agreements. On behalf of the ACWMA, the firm evaluated all member agency franchise agreements to identify opportunities for influencing waste flow and to develop strategies for franchise renewal negotiations. The firm advised the Castro Valley Sanitary District, Riverside County, Del Norte Solid Waste Management Agency, the City of Cupertino, and the Tamalpais Community Services District in connection with their negotiation and drafting of franchise agreements.
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The firm developed a model ordinance requiring recycling of up to 50% of the construction and demolition debris generated at targeted construction and demolition sites. Forms of the ordinance have been adopted by the Cities of Dublin and Hayward and are under consideration by numerous other cities. We are also advising clients regarding franchise agreements amendments to require or facilitate recycling of construction and demolition debris.
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The firm represented the City of Mountain View during permitting, landfill closure and other regulatory proceeding associated with the City’s landfill operation. Currently, the firm advises the City on reuse and redevelopment of its landfill sites.
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On behalf of three environmental groups in Marin County, the firm worked with the San Francisco Bay Regional Water Quality Control Board and local legislators regarding regulation of the West Marin Sanitary Landfill to protect water quality and ensure enforcement of water quality standards. After the property owner proposed expanding operations at the dump, the firm worked with representatives of the County staff and Board of Supervisors to monitor existing groundwater and runoff conditions and determine means of preventing landfill operations from causing contamination of Tomales Bay and the groundwater. As a result of these efforts, the landfill was eventually closed.
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The firm successfully challenged the environmental impact report for the expansion of Altamont Landfill in Alameda County, and negotiated a settlement agreement that includes community participation in monitoring landfill operations, strict limits on landfill growth, and waste diversion incentives.
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The firm represented the City of Mountain View in a dispute with a franchised hauler regarding the scope of its franchise agreement. The firm advised the City regarding the legal issues raised by the City’s long term strategy for retaining and regulating solid waste processing services.
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In the context of litigation brought on behalf of twelve Santa Clara County cities challenging the City of San Jose’s landfill tax, the firm evaluated the terms and conditions of numerous franchise agreements offered as evidence at trial.