Where smart planning meets legal resilience.
By Morgan McCarthy
Solid Waste Master Plans (SWMPs) chart the course for how communities manage waste, recycling, organics, and long-term material recovery. From curbside collection and composting to transfer stations, recycling infrastructure, and landfill design, these plans are the backbone of sustainable and financially responsible waste systems. However, behind every operational and engineering decision lies a critical, often overlooked, factor: legal risk.
Even the most well-designed SWMP can falter when legal pitfalls go unaddressed. A missed permit renewal, a vague contract, or insufficient community engagement can stall implementation, drive up costs, and erode public confidence. Identifying and mitigating these legal vulnerabilities is essential for any jurisdiction seeking to deliver a resilient and enforceable solid waste strategy. This article explores the most pressing legal risks in SWMP development and implementation, supported by real-world examples with significant financial consequences.
Regulatory Compliance:
The Non-Negotiable Foundation
Even the most forward-thinking SWMPs will fail if they do not meet the letter of the law. Compliance with federal, state, and local regulations is not just due diligence鈥攊t is mission critical. Enforcement activity around environmental rules has intensified, and even minor oversights can lead to serious delays, fines, or litigation.
Permits: More Than a Paperwork Exercise
Waste facilities鈥攆rom landfills and MRFs to composting and transfer stations鈥攁re governed by a matrix of federal laws like the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), in addition to state and regional permitting frameworks.
Example: Los Angeles County鈥擠elayed Organics Infrastructure
In 2023, Los Angeles County reported significant delays in developing the organics processing infrastructure needed to comply with SB 1383. As a result, the County has been forced to export organic waste, incurring estimated costs of more than $20 million annually. The County鈥檚 Solid Waste Management Committee noted that even with compliance extensions, the time needed to permit and construct new facilities may exceed current allowances, suggesting that these elevated costs could persist for several years until adequate infrastructure is established.
Mitigation Strategies:
鈥� Conduct comprehensive legal and environmental reviews early
鈥� Retain consultants with deep expertise in evolving regulations
鈥� Maintain clear internal tracking of permit timelines, audits, and reporting requirements
Zoning and Land Use: The First Line of Legal Defense
Site selection is not just a planning decision, it is also a legal minefield. Zoning restrictions, conditional use permits, and general plan inconsistencies can delay or kill projects if overlooked.
When Local Laws Collide with Infrastructure Goals
Even if a facility is technically needed, placing it in an incompatible zone can spark opposition, appeals, or lawsuits. Recycling centers, organics facilities, and transfer stations often raise concerns about noise, traffic, or odor鈥攎aking proper siting and entitlements essential.
Example: Honolulu, HI鈥擫andfill Siting Lawsuit
In 2025, a proposed landfill location was invalidated by the courts due to faulty zoning compliance and notification. The city was forced to delay its SWMP implementation, incurring $35M+ in extended hauling and disposal costs.
Environmental Review Laws: CEQA, NEPA, and Beyond
In California jurisdictions, the California Environmental Quality Act (CEQA) can be used to challenge projects based on procedural flaws or incomplete analysis. Federally, the National Environmental Policy Act (NEPA) can bring similar delays. These challenges are often time-consuming, expensive, and politically fraught.
Example: Yucca Mountain Repository, NV
More than $13.5 billion was spent on this federal facility before NEPA-based lawsuits and political opposition halted development entirely.
Mitigation Strategies:
鈥� Confirm land use and zoning compatibility at project inception
鈥� Align projects with general plans, and involve legal counsel in approvals
鈥� Launch proactive community outreach to build early buy-in
Procurement and Contracting: Getting It Right from the Start
Procurement is where legal precision meets real-world complexity. Whether drafting an RFP or executing a long-term hauling contract, missteps here can lead to lawsuits, poor service, and political fallout.
Procurement Pitfalls: The Bid Protest Bottleneck
Ambiguous evaluation criteria, unclear scoring, or failure to follow procurement law can open the door to bid protests. These are among the most disruptive and avoidable legal challenges in municipal projects.
Example: San Diego, CA鈥�$1.5 Billion Hauling Contract Protest
In 2022, Republic Services filed a formal protest after the City of San Diego awarded a 20-year, $1.5 billion waste hauling contract to EDCO. The protest cited irregularities in scoring and a lack of transparency in the procurement process. The challenge delayed implementation of key components of the city鈥檚 new waste strategy by several months.
Contracts Built on Sand
Once a vendor is selected, the contract becomes your primary line of legal protection. Weak scopes of work, missing performance standards, and vague remedies increase the risk of underperformance鈥攁nd leave municipalities without recourse when things go wrong.
Example: New Orleans, LA鈥�$75M Trash Contract Dispute
From 2019 to 2022, poor contract structure in New Orleans鈥� $75 million sanitation services agreement led to chronic service failures in the French Quarter and multiple lawsuits. Ultimately, the city was forced to rebid the contract鈥攊ncurring additional legal, administrative, and political costs.
Mitigation Strategies:
鈥� Align procurement protocols with applicable laws and document rigorously
鈥� Include enforceable Key Performance Indicators (KPIs), penalties, and service expectations in contracts
鈥� Use legal counsel to review all procurement and contract documents
Community Engagement and Legal Standing: The Crucial Connection
Public involvement is not just a best practice鈥攊t is a legal safeguard. Courts and regulatory bodies increasingly scrutinize whether agencies have meaningfully engaged impacted communities, especially those historically overburdened by environmental impacts. A failure to do so can invalidate permits, trigger lawsuits, or derail even technically sound projects.
Procedural Failures Lead to Legal Consqeunces
Insufficient public notice, lack of accessible materials, or exclusionary outreach practices can all form the legal basis for halting a project. These are not just reputational risks鈥攖hey are legal vulnerabilities.
Example: Minneapolis鈥擴rban Waste Facility Blocked Over Public Engagement Failures
In 2022, Minneapolis planned to expand a waste facility in the East Phillips neighborhood, a historically marginalized, predominantly Latino area. Citing inadequate public notice, limited language access, and failure to address local concerns, residents filed a lawsuit. Under mounting legal and political pressure, the city canceled the project, sold the site to a community group, and committed $7.2 million to remediation鈥攚riting off years of planning and sunk costs.
Mitigation Strategies:
鈥� Embed public engagement early in the planning process
鈥� Use accessible, multilingual outreach tools and culturally relevant formats
鈥� Maintain documentation of all notices, public comments, and agency responses
Financial and Liability Exposure: Where Legal Risk Hits the Bottom Line
A plan that does not account for financial and liability risks is legally exposed and fiscally vulnerable. Revenue structures must be defensible. Contracts must contain protections. Insurance must be airtight.
Revenue Challenges: Fee Structures Under Fire
In California for example, fees are subject to Prop 218, which requires cost-of-service justification and public process. Failure to comply can lead to lawsuits, refunds, or revoked authority to charge.
Example: Fresno, CA鈥擱ate Structure Redesign
In 2022, Fresno鈥檚 draft Solid Waste Master Plan proposed curbside service rate increases that triggered legal threats under Proposition 218 due to a lack of clear cost-of-service documentation. The city delayed rate adoption, brought in outside consultants, and reissued public notices鈥攁dding more than $2 million in unexpected costs and delaying implementation by a full year.
Liability from Operational Failures
Contamination, accidents, fires, and contractor errors can lead to property damage, injury, and lawsuits. Without strong indemnification clauses and insurance coverage, the municipality may be left holding the bag.
Example: Richmond, CA鈥擳ransfer Station Fire
In 2016, a contractor-caused fire at a Richmond waste transfer station resulted in $2.5 million in legal settlements and remediation costs. The city鈥檚 limited indemnification protections and inadequate insurance verification processes significantly increased financial exposure.
Mitigation Strategies:
鈥� Conduct cost-of-service studies that meet legal requirements
鈥� Ensure all contracts contain indemnity clauses and insurance minimums
鈥� Review contractor insurance certificates and update annually
Data Management and Public Records Exposure
With growing reliance on technology, municipalities must be mindful of how data is collected, stored, and disclosed. FOIA (Freedom of Information Act) and public records requests can expose sensitive information if data governance is not in place.
Public Records Compliance
Service records, emails, and planning documents may be requested under FOIA or state public records acts.
Example: NYC Sanitation鈥擣OIL Delays Disrupt Waste Planning
In 2021, NYC faced legal pressure after delaying release of internal e-mails and documents tied to its commercial waste zone rollout. The delays undercut public trust and postponed plan implementation鈥攃osting the city millions in lost revenue and reset efforts. Note: FOIL (Freedom of Information Law)鈥擳his is the New York State version of FOIA.
Cybersecurity and Confidentiality
Confidential vendor data, security measures, and contract performance metrics must be protected against breach or misuse.
Example: Washington, D.C.鈥擠ata Breach Exposes Vendor KPIs
A 2020 breach at D.C.鈥檚 Department of Public Works exposed sensitive contractor data, including routing analytics and bid pricing. The City incurred $2.3 million in breach response and vendor settlements, with some haulers demanding contract renegotiations.
Mitigation Strategies:
鈥� Train staff on public records compliance and data disclosure and seek qualified experts to prescribe the best practices for your community
鈥� Classify sensitive materials and define confidentiality terms in contracts
鈥�Include data governance and cybersecurity clauses in procurement documents
Legal Resilience Is Smart Strategy
A Solid Waste Master Plan must be more than technically robust鈥攊t must be legally resilient. Legal blind spots, from permitting delays to procurement missteps or environmental justice challenges, can derail implementation, inflate costs, and erode public trust. In an era of increasing regulatory complexity and heightened public scrutiny, legal preparedness is not a luxury鈥攊t is a critical component of sound planning.
By embedding legal strategy into every stage of the planning process鈥攆rom compliance and procurement to community engagement and financial structuring鈥攎unicipalities can proactively safeguard their investments. The result is a waste system that not only meets environmental and operational goals, but also stands up to legal, political, and community challenges with confidence. | WA
Morgan McCarthy, JD is a Project Manager with more than 18 years of experience in solid waste, recycling, yard waste, and food waste management across both public and private sectors. She has led more than 56 high-impact projects, specializing in franchise agreement negotiation, RFP development, municipal code drafting, financial analysis, and regulatory compliance. Her ability to navigate complex procurement and policy environments makes her a trusted advisor in developing and implementing sustainable waste management solutions. She is a SWANA/CRRA Certified Practitioner in Zero Waste Principles and Practices and SWANA-certified in Integrated Solid Waste Management. Morgan can be reached at (502) 292-4648 [email protected].
References
鈥� CalRecycle. (2023). SB 1383 infrastructure and capacity planning reports. California Department of Resources Recycling and Recovery. https://calrecycle.ca.gov/organics/slcp/capacityplanning/
鈥� Los Angeles County Department of Public Works. (2023). Comments on progress toward SB 1383 compliance: Infrastructure and procurement challenges. Solid Waste Management Committee/Integrated Waste Management Task Force. https://dpw.lacounty.gov/epd/tf/Attachments/Letters/SB1383-CommentsOnProgress.pdf
鈥� The Coast News. (2022, October 7). Carlsbad residents question Republic Services waste contract. https://thecoastnews.com/carlsbad-residents-question-citys-republic-services-waste-contract/
鈥� City of Baltimore Department of Public Works. (2021). Baltimore zero waste plan. www.baltimoresustainability.org/wp-content/uploads/2019/12/Draft-Zero-Waste-Plan-11-20-19.pdf
鈥� Fresno Bee. (2022, February 6). Mail error postpones hearing over Fresno trash-rate hike. www.fresnobee.com/news/local/article288063475.html
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鈥� Bureau of Governmental Research. (2020). PolicyWatch: New Orleans budget and tax updates. www.bgr.org/report-index/policywatch-new-orleans-budget-and-tax-updates/
鈥� U.S. Environmental Protection Agency. (2014). Puente Hills Landfill and Energy Recovery 鈥� GHG facility details. https://ghgdata.epa.gov/ghgp/service/facilityDetail/2014?ds=E&et=&id=1003199&popup=true
鈥� World Nuclear News. (2008, October 29). Crossroads for Yucca Mountain. https://world-nuclear-news.org/Articles/Crossroads-for-Yucca-Mountain
鈥� Minnesota Center for Environmental Advocacy. (2023). Building power with East Phillips. www.mncenter.org/building-power-east-phillips
鈥� Gothamist. (2024, February 26). NYC is slowly fixing its commercial waste industry. Advocates want them to speed it up. https://gothamist.com/news/nyc-is-slowly-fixing-its-commercial-waste-industry-advocates-want-them-to-speed-it-up
鈥� Washington Post. (2019, June 21). Hacked documents reveal sensitive details of expanding border surveillance. www.washingtonpost.com/technology/2019/06/21/hacked-documents-reveal-sensitive-details-expanding-border-surveillance/