Christopher Haynes and his partner, Robert Deslauriers, owner of National Waste Management Inc., want to develop the facility on a 22-acre site that is currently used by the town as a garbage dump and by Upton Fuel and Construction, which owns the property. The site is currently zoned for commercial and industrial use and because the town has no zoning bylaw to specifically deal with medical waste facilities, a town representative tells GlobeSt.com that they could get a site assignment for the facility.

But a local activist group, Citizens for the Protection of Upton introduced a bylaw at the town selectmen's meeting that would create zoning that would not allow any medial waste facilities here. At the meeting, the selectmen voiced their opposition to the facility as well. The objection to the facility stems from the site's proximity to the town's wellheads, a nursing home and schools.