No one ever wants to liver near an incinerator or a landfill. But in the world of waste facilities, there are the nasty and the real nasty. That is about the only real choices.

The less nasty operations typically process household waste, which in the business is called municipal solid waste or "MSW" for short. Other facilities process hazardous and medical waste.

Waste is usually either landfilled or incinerated. Modern landfills have liners and are better designed to reduce environmental pollution. Older landfills often suffer from many environmental pitfalls, which isn't to suggest that every contemporary facility is problem-free.

Incinerators have improved over the years as well. They now burn fairly efficiently. Nonetheless, some toxins are still released into the air. They usually produce an ash that must also be safely disposed of in a landfill.

Landfills and incinerators that just process MSW are usually not as objectionable since most MSW is not hazardous. Some MSW is hazardous; experts usually say well less than 10% is hazardous.

It's the hazardous waste facilities that are of the most concern because they are processing material known to be dangerous. If care is not taken, air, ground and water can be adversely affected by these facilities.

Often poorer communities end up with these kinds of facilities. Often, as well, these are communities consisting of minority residents. Environmental racism or environmental justice are concepts that address the inequities of placing noxious and unwanted businesses in low income, often poorer communities. The operations are typically placed "on the other side of the railroad tracks," or "the other end of town."

Recently residents of Mobile, Arizona (yes, there are at least two Mobiles), sued to stop a plan to open a new landfill in their community. They claimed that the County improperly amended local zoning laws to permit this kind of noxious facility to be located in their poor community. That is a typical claim in these kinds of cases. The NAACP has joined the fight. This same community has also been considered for a prison, a refinery and a hazardous waste incinerator. What does that tell you?

The federal government and many states have environmental justice programs. If you believe that you are being unfairly treated, consult with appropriate local and federal officials to determine whether environmental justice concerns have been triggered.

Of course, just because a facility has a permit does not mean it is operating safely. Kentucky State officials were unsuccessful in their recent attempt to shut down the operator of a hazardous waste facility. The facility consists of an incinerator, tank farm and landfill. Though the government alleged that the facility was not meeting state legal requirements, a judge refused to take away the operation's required permits.

Which means you can't always trust that the government or the courts will keep your community safe from unhealthy waste facilities. I recall an incident in New Jersey where the State asked a judge to shut down a recycling facility. He refused, and a major fire that caused large scale damage erupted not long thereafter.

Remember this, when planners propose a noxious, polluting operation in your backyard, they will promise that it will be safe and pollution free. And, they will likely be exaggerating. When it later turns out that you were lied to, who are you going to turn to for help? The government and the courts may not be able to help you, just as they could not help in Kentucky. You need to fight the project before it is ever built.

Society produces waste and the waste must be taken somewhere. However, it usually does not end up in rich neighborhoods. Siting of these operations must be done in an evenhanded, fair manner. Placing a disproportionate number of these operations in poor, minority communities is not evenhanded and fair.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.