Beveridge & Diamond

Solid Waste Facility Development

Obtaining Permits and Financing, and Negotiating DBO Contracts, for Solid Waste Facilities in Massachusetts

Solid waste facility developers turn to the firm to manage the permitting and contracting processes for solid waste facility developments in Massachusetts. These facilities, among the most controversial and difficult to site, present enormous permitting challenges and require strategic planning and flawless coordination to properly execute the development plan. Many layers of approvals are required, starting with an impact review under the Massachusetts Environmental Policy Act (MEPA) and usually followed by concurrent state and local siting approvals, local special permits and site plan review, local and state wetlands approvals, and state solid waste and air permitting. In most cases the parcels chosen for development have been impacted by past industrial use and brownfields programs must be evaluated and used to ensure the fastest possible permitting outcome and the lowest possible financial risk.  Beveridge & Diamond, P.C. has successfully navigated a number of these projects through the permitting process and brings decades of experience to the table.

Firm lawyers were retained to manage and execute the permitting process for a 600 ton per day materials resource recovery facility in Central Massachusetts. The facility siting was fiercely opposed by several groups that refused to negotiate and avowed that they would stop at nothing short of a defeat of the project. We helped to obtain the initial MEPA approval, and then obtained site assignment approvals from the state and the local board of health, seven special permits from the local board of appeals, and site plan approval from the local planning board. At each step there was significant opposition, and firm lawyers successfully litigated appeals of both the local site assignment and the local special permit decisions in state court to obtain more favorable conditions of approval and to defeat challenges by opponents. Concurrently, the firm assisted with ongoing site assessment activities to address historic contamination from an existing landfill on the property. Beveridge & Diamond also provided environmental and land use support for the issuance of tax exempt financing through the Massachusetts Development Finance Agency for construction of an adjacent project by the same client. The resource recovery facility is currently under construction.

Beveridge & Diamond lawyers were retained to manage the solid waste site assignment process for a 1,500 ton per day construction and demolition debris processing facility at the former Fort Devens. The Devens industrial park, where the project site is located, is contained within a federal Superfund site. This was the first solid waste facility to be site assigned by the Devens Enterprise Commission and presented unique challenges given the unusual governmental structure in place for this former military base. The firm successfully navigated the siting process for the developer and obtained a site assignment decision with minimal delay. Beveridge & Diamond then supported the unified permitting of the facility through the Devens Enterprise Commission and provided environmental and land use assistance for the issuance of tax exempt financing through the Massachusetts Development Finance Agency for the construction of the project. The processing facility is currently in operation.

Beveridge & Diamond lawyers have also successfully negotiated a number of design/build/operate (DBO) landfill development contracts between private developers and municipal hosts. We have experience on both sides of these projects, having represented either private developers or municipal government owners in these contract negotiations.  Completed contracts range in size from a twenty year 4.8 million cubic yard expansion project, to an eleven year 1 million cubic yard expansion project, to a three year 300,000 cubic yard expansion project.