Counsel
E-mail: jgiorgio@k-plaw.com
Phone: 617.654.1705
Practice Areas: General Municipal, Environmental, Litigation, Contracts & Procurement, Green Communities
Attorney John W. Giorgio has over 30 years of experience in the area of municipal law and specializes in environmental law, public sector procurement and contract law, and municipal finance. He counsels municipalities on wastewater treatment, public water supply, hazardous waste, and landfill compliance issues with a special emphasis on advising clients with respect to innovative contracting methods to achieve regulatory compliance. These methods include design build operate contracts for new wastewater treatment plants and other public works facilities, landfill operating agreements, intermunicipal agreements, and long-term leasing arrangements. Attorney Giorgio represents municipalities in NPDES and groundwater discharge permit renewals, as well as federal and state wastewater compliance enforcement actions, and solid waste administrative consent orders. He also has extensive experience on public construction matters, and solar and wind power projects.
Attorney Giorgio also specializes in municipal finance. He represents municipal clients in all aspects of budgeting and has developed several home rule petitions to address unique municipal financial challenges. He has also represented municipalities before state-imposed financial control boards.
- Negotiated design build operate contracts for the Towns of Lee, Plymouth, and Provincetown for new wastewater treatment plants and sewer collection systems.
- Developed innovative special legislation for the financing and construction of wastewater, landfill, and water systems.
- Represented the Towns of Winchendon, Essex, Plymouth, and Williamstown in federal and state wastewater compliance enforcement actions, including the negotiation of federal consent decrees and state administrative consent orders. Assisted communities in the development of return to compliance plans.
- Represented the Towns of Nantucket, Sandwich, Harwich, Plymouth and Provincetown in the development of comprehensive wastewater facilities plans.
- Advised the Town of Plymouth regarding ocean outfall permitting.
- Represented the Towns of Harwich, Eastham, Sandwich, and Provincetown under the Cape and Vineyard Electric Cooperative on issues relating to procurement, land use, contracting, environmental planning, and permitting with respect to wind turbine projects and solar voltaic projects.
- Advised the Town of Plymouth with respect to the leasing of land for a wind turbine project and negotiation of a power purchase agreement.
- Negotiated a lease and power purchase agreement on behalf of the Town of Dennis for the installation of a six megawatt solar farm on the Town’s closed and capped landfill.
- Negotiated Brownfields covenants not to sue with the Massachusetts Attorney General’s Office and the U.S. Environmental Protection Agency.
- Negotiated several CERCLA and 21E claims on behalf of municipal clients in connection with public water supply contamination.
- Negotiated several landfill operating agreements and host community agreements on behalf of the Towns of Granby, Middleborough, and Southbridge.
- Represented several municipalities in Central Massachusetts in the negotiation of a long-term solid waste disposal agreement with resource recovery facility. Provided similar representation to over 20 towns on Cape Cod and Southeastern Massachusetts.
- Negotiated complex land exchange agreement between the Town of Provincetown and the U.S. Department of the Interior to facilitate the location of a municipal solid waste transfer station within the boundaries of the Cape Cod National Seashore.
- Negotiated a complex lease agreement between the Towns of Provincetown and Truro for the development of a new water supply source.
Interstate Commerce Commission, Boston, MA, and Washington, DC
Senior Trial Attorney, Enforcement Division (1979-1986)
Assistant Chief, Environmental Division (1973-1979)
Represented the agency on the environmental aspects of railroad construction and abandonment projects, and rate proceedings.
Office of the United States Attorney for the District of Columbia, Washington, DC
Special Assistant U.S. Attorney, Trial Division (1981-1982)
- Massachusetts Municipal Association, Environmental Committee
- Massachusetts Bar
- U.S. District Court (Mass.)
- U.S. Court of Appeals for the First Circuit
- Supreme Court of the United States
Boston College Law School
Juris Doctor, 1973
Articles Editor, Environmental Affairs Law Review
Georgetown University
Bachelor of Arts, 1970
- Frequent presenter at an ongoing workshop offered by the Massachusetts Department of Environmental Protection (MassDEP) for municipal officials involving municipal contracting for solid waste and recycling services.
- Frequent speaker at the MMA Annual Meeting, Massachusetts Manager’s Association, the Massachusetts Auditor’s Association, and Massachusetts Continuing Legal Education programs. Seminar topics include: municipal eminent domain authority, public construction and contracting, innovations in complex procurements, and solar and wind power projects located on municipal land.
- Guest speaker at the Cape Cod Ocean Outfall Symposium sponsored by the Wequoit Bay Reserve.
- Presenter at the Metropolitan Area Planning Commission seminar on regional aspects of solid waste services.