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Home My WebLink About2009-004 Solid Waste - UNC - Landfill Gas Agreement~f ~„ B"f ~I9'F ~/200q ~.~ LANDFILL GAS AGREEMENT between ORANGE COUNTY, NORTH CAROLINA and THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Dated as of February 17, 2009 TABLE OF CONTENTS ARTICLE I Definitions .................................................................................................................. 5 ARTICLE IT Respective Rights and Obligations of the Parties ................................................... 12 A. Rights Granted to University ................................................................................ 12 B. University's Operating Responsibility .................................................................. 14 C. The County's Operating Responsibilities ............................................................: 18 D. Operating Protocols .............................................................................................. 20 ARTICLE III Permitting and Construction of Facilities .............................................................. 20 ARTICLE IV Representations of the Parties ................................................................................ 22 A. The University's Representations ......................................................................... 22 B. The County's Representations .................................:............................................ 23 C. Disclaimer of Warranties ...................................................................................... 24 ARTICLE V Liability ................................................................................................................... 24 ARTICLE VI Tern and Ternination ........................................................................................... 25 A. Termination Rights of the U>~iversity ................................................................... 27 B. Miscellaneous Termination Events ....................................................................... 27 C. Termination Rights of the County ........................................................................ 28 D. Rights Upon Termination or Expiration ............................................................... 29 ARTICLE VII Purchase and Sale of LFG .......................................:............................................ 32 A. The University's Purchase. Obligations ................................................................ 32 B. Pa}nnents to the County ........................................................................................ 32 C. Payment for Gas Flared .............................:.......................................................... 32 D. Pa}nnent for Gas Converted to Energy ................................................................. 33 E. Adjustments to County Payments .............................................................:........... 35 {00018638.DOC 24} 1 F. Billing ............................:....................................................................................:. 42 ARTICLE VIII Respective Effective Dates of the University's Obligations Under this Agreement ......................................................................................................................... 42 ARTICLE IX Landfill Gas Delivery ............................................................................................ 43 ARTICLE X Insurance and Taxes ................................................................................................ 45 ARTICLE XI Dispute Resolution ................................................................................................. 46 ARTICLE' XII Force Majeure ....................................................................................................... 49 ARTICLE XIII Miscellaneous ................................................................................................. 49 ii {00018638.DOC 24} LANDFILL GAS AGREEMENT This Landfill Gas Agreement (the "Agreement") is entered into as of February 17, 2009 (tlze "Effective Date"), between Orange County, North Carolina (the "County") and the University of North Carolina at Chapel Hi11 (the "University"). The County and the University are solnetiines hereinafter referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS, the University is the flagship public research university of the State of North Carolina located in Chapel Hill, North Carolina; WHEREAS, the University desires, in furtherance of its University Sustainability Policy and the sustainability objectives associated with the proposed Carolina North Campus, to pursue and implement projects in cooperation with coimnunity partners that preserve natural resources, conserve energy, reduce hazardous emissions, and lessen overall enviromnental impacts; WHEREAS, the County, as a good steward of the enviromnent and a leader in the growth, development, and sustainability of the colmnunity, desires to partner with the University in its efforts to meet the goals of the University Sustainability Policy and its other sustainability efforts; WHEREAS, the University has determined that to help achieve these objectives it will work cooperatively with the County to extract landfill gas fiom the Orange County Landfill, and to convert that gas into energy to supply power and heat for the University's Carolina North Campus while at the same time removing significant quantities of greenhouse gases from the atmosphere; WHEREAS, the County desires, in furtherance of the health and well-being of its citizens and the fiscal soundness of the County, to enter into this Agreement with the University to make beneficial use of Landfill resources and to generate revenue for the County from the sale of LFG; WHEREAS, the County owns and operates the Orange County Landfill (NC Solid Waste Parcel 68-01) located on the north and south side of Eubai~lcs Road, approximately 1.3 3 miles to the west of the Highway 86 exit from Interstate 40, alid approximately five (5) miles north of Chapel,Hill, at 1514 Eubanks Road, Chapel Hill, North Carolina, which consists of two land disposal areas, a "North" closed unit comprising about fifty (50) acres (the "North Landfill"), and a "South" operating unit comprising approximately twenty-five (25) acres and operated in four phases (the "South Landfill"). The South Landfill is currently operating in Phase 4 and is expected to reach capacity in the Spring of 2011; WHEREAS, waste acceptance records indicate that the North Landfill received about 1.2 million tons of waste during its operating period from 1972 to June 1995. The capacity of the South Landfill is approximately 920,000 tons; WHEREAS, Landfill Gas (as defined below), consisting principally of methane, carbon dioxide, nitrogen and traces of other constituent gases, is generated as a by-product of the decomposition of waste in the Landfill; WHEREAS, subject to the tei-~ns and conditions set forth in this Agreement, the County desires to grant to the University the exclusive right to design, develop, install and operate the LFG Project (as defined below) to process the Landfill Gas (and in particular, methane) and to convert LFG into one or more forms of energy, thereby reducing associated greei~liouse gas emissions from the Landfill, while at the same time generating power fiom a renewable energy source; WHEREAS, subject to the teens and conditions set forth in this Agreement, the University desires to have the exclusive right to design, develop, install, and operate the LFG Project, and to collect, extract, and remove LFG fiom the Landfill, and either to destroy such gas or to convert all or any portion of it into energy to supply part of the University's energy needs at its Carolina North Campus, or for any other lawful purpose; and 4 WI3EREAS, The County and the University desire to cooperate in the design, installation, and operation of the LFG Project because of the project's enviromnental, public, and economic benefits. NOW, THEREFORE, in consideration of the mutual agreements, representations, waiTanties, and covenants contained in this Agreement, and other good and valuable consideration; the receipt of which is hereby acknowledged, the Parties hereby agree as follows: ARTICLE I DEFINITIONS 1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per MMBtu, and (b) each calendar year during the Tenn of the Agreement thereafter, $9.00 per MMBtu as adjusted upward on an annual, compounding basis by two percent (2%). The Adjusted BTU Equivalent Prices are set forth on Exhibit A to this Agreement. 2. Approvals shall mean the LFG Project Permits, easements, rights-of--way, consents, authorizations and other approvals that may be necessary for the University to install, construct, operate, maintain and repair the LFG Project. 3. Average Allowance Market Price means the average monthly market price in U.S. dollars, as detei7nined by the methodology established by the Carbon Price Consultant in accordance with ParaQrapll 122 of this Agreement, attributed to one Emission Allowance created under federal legislation in the United States enacting aCap-and-Trade System to regulate GHG emissions. 4. BTU shall mean British Thermal Unit. 5. BTU Equivalent Price shall be detei7nined monthly in advance as the Transco, zone 3 Pricing Point "midpoint" settlement price for natural gas published in the report named "Monthly Gas Price Assessments -Inside FERC" published by McGraw Hill Company. The 5 underlying data set is "Monthly Gas Price Assessments -Inside FERC". The value for September 2008 was $8:45 per million Btu. 6. Cap-and-Trade System means a system that (i) establishes a total cap on GHG emissions from an identified group of GHG emitters; (ii) establishes a market for Emission Allowances; and (iii) allows trading of Emission Allowances among GHG emitters. 7. Carbon Credit means any contractual, equitable or statutory legal right, interest, credit, offset, entitlement, beliefit, allowance or certificate evidencing a reduction from the enviromnent of one metric ton of carbon dioxide or CO2e that is verified by (i) a federal, state, or local Governmental Authority pursuant to laws or regulatiolis establishing a regulatory market for reductions of GHG emissions, or (ii) an independent third-party utilizilig nationally- recognized standards for establishing emissions reduction credits associated with non-regulated, voluntary projects or activities. 8. Carbon Price Consultant means an independent, qualified nationally-recognized consulting fern with significant experience in the regulated carbon markets established in the United States under federal legislation enacting aCap-and-Trade System and the price of Emission Allowances in such markets. 9. CO2e means carbon dioxide equivalent, or the base reference for the determination of Global Warning Potential of Greel~liouse Gases of a similar amount of carbon dioxide. 10. Conversion MMBTU HHV has the meaning set forth in Paragraph 118 of this Agreement. 11. Conversion Payment has the meaning set forth in Paragraph 117. of this Agreement. 6 12. Conversion Percentage means sixteen and six-tenths percent (16.6%). 13. Delivery Point shall mean the location at which the ownership, possession and control of the Landfill Gas is transferred from the County to the University. For purposes of this of this Agreement, the Delivery Point shall be the blower discharge point on the Landfill property as ,shown on Exhibit B. 14. Effective Date has the meaning given in the preamble. 15. Emission Allowance shall mean an authorization issued by a Govermnental Authority to emit one metric ton of CO2e. 16. Engine Start-up Date shall be the date when the engine located at the University's Carolina North Campus reaches steady-state conditions and commences the conversion of Landfill Gas into usable energy. 17. Environmental Benefits shall mean all credits and allowances generated by and associated with the generation, destruction, treatment, sale or use of the Landfill Gas, including Carbon Credits, Emission Allowances, offsets, "green tags," and renewable energy credits, or any other asset or tei•~n that may hereinafter be used to describe the enviroiunental benefit of either destroying any pollutant in the Landfill Gas (including methane) or using the Landfill Gas as a source of energy. 18. Environmental Laws shall mean all Laws conceniing pollution or protection of the enviromnent or human health, as the foregoing are enacted or in effect, on or prior to the date hereof (including ambient air, soil, surface water, ground water, wetlands, land. or subsurface strata), including without limitation: (i) the Comprehensive Enviromnental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; (ii) t11e Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; (iii) the 7 Oil Pollution Act (33 U.S.C. §§ 2701 et seq.); (iv) the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.); (v) the Emergency Planning and Community Right-to-Know Act (42 U.S.C. §§ 11001 et seq.); (vi) the Endangered Species Act (16 U.S.C. §§ 1531 et seq.); (vii) the Clean Air Act (42 U.S.C. §§ 7401 et seq.); (vii) the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.); (viii) the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.); (ix) the Hazardous Materials Transportation Act (49 U.S.C. §§ 5101. et seq.); and (x) ,all North Carolina Laws comparable to the foregoing. ' 19. Extension Period has the meaning set forth in Paragraph 97. 20. Fair Market Value has the meaning set forth in Paragraph 110. 21. Flare Percentage means five and tluee-tenths percent (5.3%). 22. Flare MMBTU HHV has the meaning set forth in Paragraph 115. 23. Flare Payment has the meaning set forth in Paragraph 114. 24. Flare Start-up Date shall be the date when the flare reaches steady-state conditions and cormnences the continuous burning of Landfill Gas. Z5. Forecasted Carbon Price means, for a year during the Tenn of this Agreement, the corresponding Forecasted Carbon Price for such calendar year set forth in Exhibit A. 26. Force Majeure shall mean any cause or causes for delay of perfoi7nance by a Party, which are not reasonably within the control of the Party claiming Force Majeure and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome including without limitation, acts of God, tei7•orism, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, eai-thqualces, fires, stones, hurricanes, floods, high-water washouts, arrests and restraints of govei-~iments and people, strikes, lockouts, protests, or other industrial disturbances, civil disturbances, explosions, catastrophic events such 8 as breakage or accident to machinery or lines of pipe caused by an event of Force Majeure, enactment of statutes, laws or regulations, and other acts of Governmental Authorities (excluding acts by a Party) .frustrating the purposes of this Agreement. Force Majeure shall in no event include (i) any change in the economy or in the markets, pricing or demand for natural gas or LFG that affects the University's ability to use LFG, or the price at which LFG or natural gas can be sold, or (ii) increases in the cost of constructing or operating the LFG Project. 27. Gas Conversion System shall mean any equipment used by the University to convert the Landfill Gas into thermal or electric energy, including an engine, generator or boiler. 28. Gas Flow Meter shall mean the device(s) used to measure the rate of Landfill Gas flow, methane content, and other parameters. 29. Gas Sold means any LFG delivered to the Delivery Point. 30. Global Warming Potential or GWP means the estimate of the atmospheric warming resulting from the release of a unit mass of a particular Greenhouse Gas, in relation to the warning resulting from the release of the same amount of carbon dioxide. 31. Governmental Authority means any federal, state, local or foreign court, arbitrator, alternative dispute resolution body, government or political subdivision or department thereof, or any governmental, administrative or regulatory body, commission, board, bureau, agency or instrumentality. 32. Greenhouse Gases or GHGs means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride 33. Higher Heating Value or HHV shall mean the amount of heat released wheal a laiown volume of methane is burled and shall equal 1012 BTUs per cubic foot of methane at one atmosphere pressure at 60 degrees Fahrei~lzeit (60° F) 9 34. Kyoto Protocol means the protocol to the United Nations Framework Convention on Climate Change adopted at the Third. Conference of the Parties to the United Nations Framework Convention on Climate Change in Kyoto, Japan on December 11, 1997, as may be amended. 35. Landfill means, collectively, the North Landfill and the South Landfill. 36. Landfill Gas or LFG shall mean the gas (and its constituent. elements) generated from the decomposition of materials deposited in the Landfill. 37. Landfill Permits means all licenses, permits, certifications, authorizations, approvals, and entitlements issued by any Governmental Authority and relating to the operation, ownership, development and/or maintenance of the Landfill, as all of the- foregoing may, from- time to time hereafter, be amended or supplemented, including, without limitation, Municipal Solid Waste Landfill Permit Number 68-01 issued to the County on or about May 5, 1982, as amended and as it may, from time to time hereafter, be further amended or supplemented. 38. Laws means any law (including common law), statute,- treaty, ordinance, rule, regulation, code, order, writ, injunction, judicial decision, decree, reporting or licensing requirement or other legally binding requirement of any Governmental Authority and shall include, without limitation, all Enviroinnental Laws. 39. LFG Collection System shall mean all equipment at the Landfill, including piping, header lines, lateral lines, wells, pumps, blowers, condensate laioclc-out vessels, flare, and related equipment used by the University to extract, collect, and treat Landfill Gas from the Landfill. 40. LFG Project shall mean the LFG Collection System, the Gas Coxiversion System, and the Pipeline. 10 41. LFG Project Permits means all licenses, permits, certifications, authorizations, approvals, easements and entitlements issued by any Goverrunental Authority (including the County) and relating to the ownership, development, construction, installation, operation, maintenance and/or repair of the LFG Project, including, without limitation, any special use permits or special use permit modifications, as all of the foregoing inay, from time to tune hereafter, be amended or supplemented. 42. Meter Point A shall be located on the header line that branches to the Gas Conversion System as shown on Exhibit B. Meter Point A shall be the point where the heating energy content of Landfill Gas delivered to the Gas Conversion System is measured. 43. Meter Point A Methane Content has the mealiing set forth in Paragiaph 118. 44. Meter Point B shall be located on the header line that branches to the flare as shown on Exhibit B. Meter Point B shall be the point where the heating energy content of Landfill Gas delivered to the flare is measured. 45. Meter Point B Methane Content has the meaning set forth in Paragraph 115. 46: MMBtu means one million (1,000,000) BTUs. 47. Monthly Billing Statement has the meaning set forth in Para~-aph 127. 48. North Landfill has the meaning given in the Recitals. 49. Pipeline means all pipes and equipment necessary to transport LFG from the LFG Collection System to the Gas Conversion System. 50. SCF means standard cubic feet, which means the amount of Landfill Gas which occupies one cubic foot of space when the Landfill Gas is at a pressure of 14.73 psia and a temperature of sixty degrees Fahrenheit (60° F) 51. South Landfill lias the meaning given in the Recitals. 11 52. Term has the meaning set forth in Paragraph 97 and shall include any Extension Period. 53. Waste Materials means collectively, any chemical, waste, material or substance that is listed or regulated under applicable Enviromnental Laws as a "waste" or as a "hazardous," "special" or "toxic" substance or waste, or as a "contaminant" or "pollutant" or words of similar import, including, without limitation, petroleum, petroleum products and byproducts. ARTICLE II RESPECTIVE RIGI3TS AND OBLIGATIONS OF TI3E PARTIES A. Rights Granted to University 54. The County hereby grants to the University the sole and exclusive right to (a) design, develop, and construct the LFG Project; (b) collect, extract and remove Landfill Gas from the Landfill; (c) produce energy fiom the Landfill Gas for the University's own use, or for sale to one or more third parties or the electrical grid; (d) derive Enviroiumental Benefits from the treatment, destruction and use of the Landfill Gas; and (e) do, at the Landfill, consistent with the University's obligations in Articles II and III hereunder, .all things necessary to carry out (i) the permitting, development, construction, and operation of the LFG Project; (ii) the collection, extraction, and removal of the Landfill Gas; (iii) the production of electrical or thermal energy; and (iv) the redirection, redelivery, transport or marketing of the Landfill Gas, or any portion thereof, to any third party. Provided, however, that the County expressly retains all rights in the Landfill Gas necessary to operate the Landfill in accordance with the Landfill Permits and all applicable Laws. 55. The University agrees to flare any Landfill Gas delivered to the Delivery Point that is not transported by the University to the Gas Conversion Systerm as follows: (i) during the period occurring after the Flare Start-up Date and before the Engine Start-up Date; (ii) in the 12 event that LFG generated by the Landfill exceeds the capacity of the Gas Conversion System, as determined by the University in accordance with good engineering practices and industry standards; (iii) during Gas Conversion System maintenance, repair, or associated downtime; (iv) as reasonably necessary to protect Human health, safety, or the environment; and (v) during the pendency of a Force Majeure event affecting the Gas Conversion System. 56. The University shall have the right to use and access portions of the Landfill and such other property depicted on Exhibit C to carry out the development, construction, and operation of the LFG Project, including any activities necessary to evaluate the feasibility. of the LFG Project, or the design and permitting of the LFG Project. The County agrees to make commercially reasonable efforts to assist the University, whenever feasible, in accessing any parcel of property not owned solely by the County that is necessary for the construction and operation of the LFG Project, including the Greene Tract. 57. The County shall grant the University, without additional University paymment beyond the compensation set fol-th in this Agreement, such easements and rights of way tluough the Landfill site and other property owned solely by the County as maybe necessary to drill gas extraction wells, lay pipelines, lateral 1iiles, header lines, and any other part of the LFG Project infiastructure as contemplated by this Agreement, including, without limitation, the easements and rights of away set forth. on Exhibit C. The County also grants the University, without additional University payment beyond the compensation set forth in this Agreement, licenses or other approvals to install utility lines on the Landfill and other property owned solely by the County for the LFG Project. The Parties agree that in the event the County is unable to grant the easements and rights of way set forth on Exhibit C or otherwise breaches any of its duties or obligations under this Paragraph 57, (i) the University's sole and exclusive remedy shall be the 13 right to terminate this Agreement in accordance with Article VI hereunder, and (ii) the University shall have no obligation to construct or complete the construction of the Pipeline or the Gas Conversion System, notwithstanding any terms to the contrary in this Agreement. 58. In furtherance of the LFG Project, the County hereby grants to the University, and its employees, contractors and agents, anon-exclusive license (the "License") for the following purposes, provided that any employees, contractors, and agents shall comply with the health and safety plan required to be developed under Paragraph 67 hereunder: a. the right to drill, excavate, trench or otherwise disturb the Landfill property for the purpose of installing, constructing, operating, maintaining and replacing gas wells, underground pipelines, tai~lcs, Landfill Gas flaring mechanisms, and associated Landfill Gas equipment. b. the right to travel over any access roads located on the Landfill property and any adjacent property owned by the County, as such roads lnay be relocated by the County fiom time to time during the tel7n of this Agreement, for the purpose of entry upon the Landfill property. The University aclazowledges that it does not claim any ownership interest in the Landfill property, except as otherwise stated herein, because of the University's use of the Landfill property. B. University's Operating Responsibility 59. Subject to Article VIII of this Agreement and except as otherwise provided herein, the University shall operate the LFG Collection System and the Gas Conversion System at all times during the Tenn of this Agreement. 60. The operation, maintenance, and repair of the LFG Project shall be the sole responsibility and undei-talcen at the sole cost and expense of the University (and its contractors and agents) and shall be perfoi7ned by the University, its employees, agents and subcontractors 14 (i) in compliance with all LFG Project Permits and applicable Laws and (ii) in accordance with good engineering practices and industry standards. The University assumes the risk of the delivery conditions (including the rate of flow, vacuum and pressure of delivery), quantity and quality of LFG. 61. The University is solely responsible for creating sufficient vacuum to extract LFG from Landfill and transfer it to the Delivery Point. Any such vacuum shall not adversely affect the County's Landfill operations, and the University shall adjust its operations of the LFG Project or install necessary equipment at its sole cost and expense to correct any such adverse effect. Should such adverse effects arise that the University is unable to correct through operational adjustments, the University shall, at the County Manager's written request, take coininercially reasonable steps to promptly suspend the LFG operations pending the correction of the conditions causing such adverse effects. 62. The University shall make coirunercially reasonable efforts to cooperate with the County in the preparation, execution, and filing of any applications or other documents as may be necessary to perform the County's obligations under this Agreement. 63. The University shall submit for the County's prior approval (which shall not be uiueasonably witl~lleld), all pernit documentation prepared in accordance with Para -ig,~-aph 81 and all construction and design plans and specifications relating to the construction, operation, and maintenance of the LFG Collection System prior to commencing construction. The County shall have fifteen (15) calendar days to complete its review and approval of any such plans and specifications. Any plans and specifications for which the County has not provided a response within fifteen (15) calendar days shall be deemed approved. Should the County provide comments on the initial submission of any submitted plans and specifications, it shall then have 15 fifteen (15) calendar days to complete the final review and approval of such revised plans and specifications prepared by the University. Any revised plans and specifications for which the County has not provided a response within fifteen (15) calendar days shall be deemed approved. Should subsequent changes or modifications be made to the-plans and specifications after they have been approved, the County shall then leave seven (7) calendar days to review and approve such changes or modifications. Any subsequently revised plans and specifications for which the County has not provided a response within seven (7) calendar days s11a11 be deemed approved. Within a reasonable time after completing construction of the LFG Collection System, but no longer than sixty (60) calendar days, the University shall provide to the County all "as-built" plans and specifications for the LFG Collection System. Until the "as-built" plans and specifications for the LFG Collection System are provided to the County, the University shall keep the County informed as to the state of the construction of the LFG Collection System and the location of all then-installed components of such system. 64. The University, its employees, agents and subcontractors shall minimize disruption to Landfill operations during construction, operation, and maintenance of the LFG Project. During the Tern of this Agreement, the University, its employees, agents and subcontractors shall not ulueasonably interfere with the County's operation of the ~.,andfill, including, but not limited to, the County's closure of portions of the Landfill and any other requirements under the Landfill Permits or applicable Laws, and shall reasonably ensure that the Landfill is not damaged by the University. Should such damage occui, the University shall arrange for the repairs itself; provided, however, that the County has the right to take iimnediate action to effectuate whatever repairs are necessary to the Landfill and. the University shall timely reimburse the County for the reasonable costs of any such repairs. The University shall use its 16 best efforts to design the LFG Collection System to minimize any incremental increase in the County's costs of Landfill closure incurred to accommmodate the LFG Collection System. The University shall share equally (50%-50%) with the County the incremental increase in the County's costs of Landfill closure incurred to accommodate the LFG Collection System; provided, however, that the University shall not be obligated to pay, nor be responsible for, any costs and expenses in excess of $50,000. 65. The University shall, at its own expense; prepare, maintain, and submit to the County monthly reports on Landfill Gas production rates, which shall include an accounting of all LFG and the methane content of such LFG delivered to Meter Points A and B. 66. Notwithstanding anything contained in this Agreement to the contrary, the University aclc~iowledges that Landfill operations take precedence over the LFG Project, and, at all times .during the tei-~n of the Agreement, and subject to its teens, the County shall have the right to operate the Landfill, and to take all actions at its own cost and expense that the County deems necessary or appropriate in coiu~ection with the operation and maintenance of the Landfill, including actions to comply with the Landfill Permits and any applicable Laws. The University further aclalowledges and agrees that the primary use of the Landfill is as a sanitary landfill, and that the LFG shall be limited to production from the Landfill. 67. The University shall develop and implement a health and safety plan no less stringent than that of the County with regard to the University's operations at the Landfill and any work perfoi-~ned by its elmployees, contractors, or agents at the Landfill. 68. The County shall allow the University to dispose at the Landfill, or at a wastewater treatment plant used for the Landfill's leachate, any Waste Materials generated by the LFG Project, provided such disposal is allowed under the Landfill and LFG Project Pel-~nits 17 and applicable Laws. The U1iversity shall be responsible for any additional incremental costs incurred by the County for disposing of any suc11 Waste Materials, including, without limitation, additional wastewater treatment charges or surcharges. If any Waste Materials camlot be lawfully disposed of at the Landfill or through the County's permits, then the University shall be responsible at its sole cost and expense for any 1lecessary off-site disposal of such materials regardless of whether they are deemed a hazardous material or waste. C. The County's Operating Responsibilities 69. The County agrees to maintain the landfill cover in accordance with any applicable requirements of the Landfill Permits. The County further agrees to make coinlnercially reasonable effol-ts to repair cracks, fissures, erosion or other adverse conditions in the Landfill that (i) may materially. affect the LFG Collection System's capture of Landfill Gas or (ii) cause fugitive emissions of Landfill Gas from the Landfill. 70. The County shall be responsible for complying with the Landfill Pernits and all Laws applicable to the operation and maintenance of the Landfill, mcludmg, but not limited to, applicable provisions of the Operational Requirements for MSWLF Facilities, 15A NCAC 13B.1626. 71. The County shall make commercially reasonable efforts to develop and operate the Landfill to e11l1ance the production.of Landfill Gas; provided, however, that nothing in this Agreement shall obligate the County to incur any costs or expenses to enhance the production of Laldfill Gas or to take any action inconsistent with the terns and conditions of any Landfill Pernits or applicable Laws. 72. The County is not obligated to deliver the Landfill Gas at any minimum flow rate or pressure and shall not be obligated to install or operate any of the facilities (including compression or vacuum facilities) to deliver the Landfill Gas. 18 73. The County has no obligation to (i) deliver or to sell any minimum amount of LFG to the Delivery Point; (ii) treat, process or condition the Landfill Gas, maintain or increase the pressure of Landfill Gas delivered to the University, or (iii) install any facilities (including blowers or compression facilities) or, subject to Paragraphs 69 and 71, alter any landfilling methods or practices relating to the production, collection or delivery of the Landfill Gas to the University. 74. The County shall not interfere with the University's Landfill Gas operations, except as such interference may be necessary to comply with the Landfill Permits, by operation of Laws, or for the protection of the enviromnent, human health, or safety. Each Party shall use commercially reasonable efforts to advise the other Pai-ty fully in advance of any changes in the operation, maintenance, expansion, or other activities that may adversely affect the business operations of the other at the Landfill. If any Party takes any action, refrains fiom taking any action, or undertakes any change in operations, maintenance, expansion programs or other activities that will adversely affect, or threaten to adversely affect the business operations of the other, such Party shall use commercially reasonable efforts to give notice to the other Party as soon as practicable, describing the nature. of the detriment and its cause, including emergency notice in the case of an emergency. However, in no event shall the County be required to delay action that it deems necessary for the operation of the Landfill. If the alleged interference continues beyond thirty (30) calendar days, then the affected Party may involve the Dispute Resolution procedures set out in Article XI hereunder. 75. The County shall malve commercially reasonable efforts to cooperate with the University in its preparation, execution, and filing of any applications, pernit submittals, 19 assigmnents of rights, and other documents as may be necessary to allow the University to perform its obligations under this Agreement. 76. The County shall make available to the University copies of all enviromnental information, reports, studies, landfill gas feasibility reports, assessments or other documents affecting the generation of Landfill Gas or the LFG Project that the County has prepared or that have been prepared on the County's behalf. Such documents include those the County is required to submit to the North Carolina Department of Enviromnent and Natural Resources. 77. The County shall reasonably ensure that the County, its employees and contractors do not damage the LFG Project or disrupt the operation of the system. Should such damage occur, the University has the right to take inunediate action to effectuate whatever repairs are necessary to bring the LFG Project into fully operational condition and the County shall timely reimburse the University for the reasonable costs of repair. 78. The County shall retain the sole and exclusive right, and shall have all obligations with regard to, Landfill operations and for meeting all applicable Laws pertaining to such operation, exclusive of the University's operation of the LFG Project. D. Oneratin~ Protocols 79. The Parties agree to develop and implement operating protocols for the LFG Collection System, including, without limitation, monitoring and reporting procedures, communications and emergency response plans, and notification procedures. ARTICLE III PERMITTING AND CONSTRUCTION OF FACILITIES 80. The installation and construction of the LFG Project shall be the sole responsibility and be undertaken at the sole expense of the University, and shall be carried out in 20 compliance with the LFG Project Permits and all applicable Laws and in accordance with good engineering practices and industry standards. 81. Except as set forth in Para~•aphs 57 and 58 of this Agreement, the University shall be solely responsible for securing any and all Approvals, including, without limitation, preparing all permit documentation for any Landfill or LFG Project Permits on which the County will be the pernittee. Exlzibzt D contains a preliminary, but riot exhaustive, list of Approvals that the University believes it must obtain to install, construct, operate, maintain, and repair the LFG Project. The University ,shall, at its own expense, apply for and seek to obtain all Approvals, including those listed on Exhibit D unless they are not required for the LFG Project. The University will apply for any such Approval as the owner and operator of the LFG Project, and shall act as the "pernittee," "owner" and "operator" for such project as may be appropriate under applicable Laws. 82. The University recognizes that it is in the Parties' mutual best economic interest for the LFG Project to be completed expeditiously. Without limiting the generality of the University's obligations under Article II of this Agreement, begirnling on the Effective Date, the University shall work expeditiously and in good faith to (a) complete the LFG Collection System within eighteen (18) months from the date of the issuance of the last Approval necessary to construct such system, and (b) complete the Gas Conversion System within thirty-four (34) months from the date of the issuance of the last Approval necessary to construct the Gas Conversion System and the Pipeline. If the University fails to complete the LFG Project within five (5) years of the date of the issuance of the last Approval necessary to construct the LFG Project, the County shall have the right to terminate the Agreement pursuant to Article VI. If the Engine Start-up Date does not occur within thirty-five (35) months after the Effective Date, the 21 Flare Percentage shall be adjusted to equal ten and ninety-five one-hundredths percent (10.95%) for the purpose of calculating any Flare Payment under this Agreement a11d shall remain at such percentage until the occurrence of the Engine Start-up Date or five (5) years after the Effective Date, whichever occurs sooner. If the Engine Start-up Date does not occur within five (5) years after the Effective Date, the Flare Percentage shall be adjusted to equal sixteen and six-tenths percent (16.6%) for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date. Colnlnencing thirty (30) days after the Effective Date of this Agreement, the University shall hold monthly progress meetings to discuss progress toward achieving these completion dates including the status of the construction of the components of the LFG Project. The University shall invite representatives of the County to attend such progress meetings and the University shall pr-ovide the County with reasonable advance written notice of the location and time of such meetings. The University shall distribute meeting minutes to the County following such progress meetings regardless of the County's attendance at such meetings. ARTICLE IV REPRESENTATIONS OF TIIE PARTIES A. The University's Representations 83. The University represents and wai7•ants that, in entering into this Agreement, it has relied upon its own estimates of Landfill Gas volumes, based upon publicly available waste disposal records and standard modelii7g assumptions and projections. The University further represents that it has not relied upon Landfill Gas generation reports, drawings, and analyses provided by the County or its consultant as an inclucenzent for entering into this Agreement. The County shall promptly inform the University, however, of any e17•ors, miscalculations, or 22 omissions of which the County has knowledge, in any of the landfill reports it has prepared or furnished to the University. 84. The University represents and warrants that it has legal authority and right to make and enter into the Agreement. S. The County's Representations 8S. The County represents and warrants that it has fee simple title to the Landfill. property. 86. The County represents and warrants that it has not made an assigiunent or agreement to sell to any party other than the University the right to extract, collect, use, or sell the Landfill Gas. 87. The County represents and warrants that, based upon calculations attached hereto as Exhibit E, previously submitted to the North Carolina Department of . Enviromnent and Natural Resources and performed in accordance with 40 C.F.R. Part 60, Subpart VVVVW, the Landfill is not subject to the New Source Performance Standards for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart WWW (2007) ("NSPS") or the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpal-t Cc (2007) ("Emission Guidelines") 88. The County represents and warrants that it has all enviromnentai permits, authorizations, and approvals that are legally required to operate the Landfill, exclusive of any permits, authorizations, and approvals that maybe necessary for the LFG Project. 89. The County represents that, in entering into this Agreement, it has relied upon its own estimates of the economic benefits of the LFG Project and has not relied upon any economic or financial imodel prepared by the University or its consultant(s) as an inducement for entering into this Ag7eement. The University shall promptly inform the Comity, however, of any erors, 23 miscalculations, or omissions of which the University has knowledge, in any of the reports it has prepared or furnished to the County. 90. The County represents and warrants that it has legal authority and right to make and enter into the Agreement. C. Disclaimer of Warranties 91. Except as specifically set forth in Subpart B of this Article IV,~ the University accepts the condition of the Landfill, any real property subject to an easement or right-of--way granted by the County, and the Landfill Gas "AS IS, WHERE IS, WITH ALL FAULTS," and the University acknowledges .that the County has not made and does not hereby make, and specifically disclaims, any representations, guarantees, promises, covenants, agreements or wan anties of any kind or nature whatsoever whether past, present or future, oral or written, expressed or implied, concerning the condition or quality of the Landfill, any real property subject to an easement or right-of--way granted by the County, or the Landfill Gas and their fitness for any particular use, purpose, business or activity contemplated, intended or ongoing. ARTICLE V LIABILITY 92. The University shall be solely responsible for the installation, construction, operation, maintenance, and repair of the LFG Project. It shall also be responsible, with respect to the LFG Project, for (a) the installing, constructing, operating, maintaining, and repairing the LFG Project in compliance with all LFG Project Permits and applicable Laws; (b) responding to any notices of violation or compliance inquiries; (c) defending any enforcement actions; (d) resolving any claims; and (e) paying any associated penalties. The University shall also be responsible for damages and claims caused by the University's own negligence or that of its agents or employees. 24 93. The County shall be solely responsible for the operation, maintenance, closure, and post-closure of the Landfill, exclusive of the LFG Project. The County shall also be responsible with respect to the Landfill, exclusive of the LFG Project, for (a) operating and closing the Landfill in compliance with all Landfill Permits and applicable Laws; (b) responding to any notices of violation or compliance inquiries; (c) defending any enforcement actions; (d) resolving any claims; and (e) paying any associated penalties. 94. Except to the extent caused by the negligent installation, construction, operation, maintenance, or repair of the LFG Collection System by the University (or its contractors and agents), the County shall be solely responsible for defending any claims relating to the off-site migration of LFG or odors, pollution, or nuisance conditions directly caused by such migration, including claims brought by a regulatory agency, neighboring residents, businesses, or third parties. 95. In no event shall either Party be liable to the other Party for consequential, incidental, punitive, exemplary or indirect damages, including, but not limited to, loss of profits or revenue, downtime costs, loss of use of any property, or cost of substitute equipment or facilities, whether arising in tort, contract or otherwise. This provision shall survive the expiration or ternination of this Agreement. 96. Nothing in this Agreement is intended by the Parties nor shall be construed as a waiver of any sovereign or other immunity to which either Party may be entitled to the fullest extent allowed by Law. ARTICLE VI TERM AND TERMINATION 97. The initial tern of this Agreement shall commence on the Effective Date and shall expire on December 31, 2029, or on such other date on which this Agreement is terminated 25 in accordance with its provisions. Upon the expiration of the initial Tern, the University shall have the right, to the exclusion of any other entity, to renew this Agreement for up to two (2) consecutive periods of five (5) years each (each five-year period beyond the initial 20-year period shall be termed an "Extension Period.") At the expiration of the initia120-year term, or an Extension Period other than the second Extension Period, this Agreement shall be deemed extended for an additional five-year period unless the University gives written notice to the County of the University's intent not to extend this Agreement no later than ninety (90) days prior to the expiration of the preceding period. All provisions in this Agreement shall continue in effect during any Extension Period except as those tei-~ns may be otherwise modified by the Parties. Before the scheduled expiration date of the second Extension Period, the University shall have the right of entering into exclusive negotiations with the County for a period of one- hundred twenty (120) days for the purposes of negotiating a new or revised agreement relating to the LFG Project. The University shall notify the County in writing of the University's decision to exercise this right no later than one (1) year prior to the expiration date of the second Extension Period. 98. Termination Procedures. In order to terminate this Agreement under this Article VI, and except as provided in Paragraph 101, a Party must first issue the other Party a Notice of Default in accordance with the provisions set forth below. The Party in receipt of such Notice of Default shall then have the opportunity to cure the identified default within the specified cure period. If the Party in receipt of such Notice of Default fails to cure the specified default within the cure period, then the other Party may issue a Notice of Tei-~nination. Upon issuance, such a Notice of Tei7nination shall be deemed a Notice of Dispute for purposes of Article XI of this Agreement and such Notice of Termination shall be submitted to dispute resolution in 26 accordance with that Article. Subject to Article XI and except as otherwise provided in this Agreement, the termination rights provided in this Article VI are not in lieu of, but are in addition to, any other rights and remedies either Party may have under the circumstances. A. Termination Rights of the University 99. The University may issue the County a Notice of Default if the County breaches any of its material duties or obligations under this Agreement and such breach is material to the University's rights and benefits under this Agreement. If the County does not cure such breach within forty-five (45) days after the date of the University's written Notice of Default, the University may issue the County a Notice of Termination. Provided, however, that if by the nature of the breach, the University agrees that a cure can be achieved, but not within forty-five (45) days, and that after receipt of such notice the County has begun to effect a cure without undue delay, then the County shall have such time as is reasonably required to effect a cure with diligent effort, but in any event not to exceed ninety (90) days from the date of the written Notice of Default from the University. 100. If, prior to 2029, the LFG generation rate falls below an average of 190 cfim over a consecutive one hundred eighty (180) day period due to no fault of the University, the University may issue the County a Notice of Default. If the LFG generation rate does not exceed an average of 190 cfim within the ninety (90) day period after the date of the Notice of Default, then the University may issue the County a Notice of Termination. B. Miscellaneous Termination Events 101. This Agreement may be terminated by mutual agreement of the Parties. In addition, this Agreement shall terminate (without a cure period) if (a) the University's use of LFG as a fuel source and for flaring should become unlawful due to no fault of the Parties; or (b) the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and 27 cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the remainder of the Tenn. C. Termination Rights of the County 102. The County may issue the University a Notice of Default if the University fails to make any of the payments due hereunder in accordance with this Agreement. If the University fails to cure the payment default within forty-five (45) days after the date of the written Notice of Default, then the County may issue the University a Notice of Termination. 103. The County may issue the University a Notice of Default if the University breaches any of its material duties or obligations under this Agreement (other than the malting of payments in accordance with this Agreement, the termination of which is covered by Paragraph 102 hereunder) and such breach is material to the County's rights and benefits under this Agreement. If the University does not cure such breach within forty-five (45) days after the County's written Notice of Default, the County may issue the University a Notice of Termination. Provided, however, that if by the nature of the breach the County agrees that a cure can be achieved, but not within forty-five (45) days, and that after receipt of such notice the University has begun to effect a cure without undue delay, then the University shall have such time as is reasonably required to effect a cure with diligent effort, but in any event not to exceed ninety (90) days fiom the date that the University receives written Notice of Default fiom the County. 104. The County may issue the University a Notice .of Default upon the occurrence of the following events: if the University abandons or vacates the entire LFG Project or removes fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, except for such removal that may be undertalten during maintenance, uplteep, or in the normal 28 course of business. If the University fails to cure such default within forty-five (45) days after the date of the written Notice of Default, then the County inay issue the University a Notice of Termination. 105. The County may issue the University a Notice of Default if the University operates neither the Gas Conversion System nor the flare for a period of one hundred eighty (180) consecutive days except (i) for a Force Majeure event, and (ii) at the begimzing of the Tenn before the Gas Conversion System and flare have become operational. If the University fails to re-commence continuous operation of either the Gas Conversion System or the flare within forty-five (45) days after the date of the Notice of Default, then the County may issue the University a Notice of Termination. D. R.i~hts Upon Termination or Expiration 106. Survival of Selected Provisions. Notwithstanding the expiration or earlier termination of this Agreement for any reason however described, the following teens of this Agreement shall survive any such expiration or termination: Article I, Article V, Subparts C and D of Article VI, Article VII, Article X, .Article XI, and Article XIII. 107. LFG Collection S sy tem. Following the expiration or termination of this Agreement, the University shall have the right to dismantle and remove from the Landfill or other County-owned property all or any portion of the equipment comprising the LFG Collection System. In the alternative, the University may elect to offer for sale to the County all or any portion of the equipment comprising the LFG Collection System for its Fair Market Value. If the University decides to dismantle and remove all or any portion of the equipment comprising the LFG Collection System, it shall perform such removal consistent with applicable Laws and any applicable provisions of the Landfill Permits and LFG Project Permits. The University shall permanently seal and cap all openings for pipes or equipment left in the Landfill in accordance 29 with industry standards and any applicable provisions of the Landfill Permits and LFG Project Permits. The University shall use its best efforts to prevent damage to County property during such equipment removal process, and shall reimburse the County for the reasonable costs of repairing any damage to the Landfill or other County property. 108. Pipeline. Following the expiration or ternination of this Agreement, the University shall remove any Landfill Gas fiom the Pipeline, cap the Pipeline, and take any other actions relating to the closure of the Pipeline as may be required by applicable Laws and by any applicable provisions of the Landfill Permits and LFG Project Permits. 109. The `University's Option to Offer the LFG Collection System for Sale to the County. If the University elects to offer for sale to the County all or any portion of the equipment comprising the LFG Collection System, it shall so notify the County in writing within thirty (30) days following any expiration or ternination of this Agreement. If the County elects to purchase any such equipment, such purchase shall be on an "AS IS," "WHERE IS" AND "WITH ALL FAULTS" basis, but flee of any and all liens, for the Fair Market Value (defined hereunder). If the University does not timely notify the County of an election to offer for sale to the County all or any portion of the LFG Collection System and the University fails to remove such equipment within one hundred eighty days (180) days after the expiration or ternination of this Agreement, then any such equipment remaining on the County's property shall be deemed abandoned. If the County rejects a timely offer for sale by the University under this Paragraph of all or any portion of the LFG Collection System and the University fails to remove such equipment within one hundred eighty days (180) days after the date of such rejection, then any such equipment remaining on the County's property shall be deemed abandoned; provided, however, that in the event the County subsequently rnalces productive use of such equipment, or 30 leases or sells such equipment, then the County shall pay the University the Fair Market Value of such equipment. 110. Fair Market Value. In the event the University elects to offer for sale. to the County all or any portion of the equipment comprising the LFG Collection System upon the expiration or termination of this Agreement, the Parties will enter into good faith negotiations to determine the Fair Market Value of such equipment pursuant to this Paragraph 110. a. The teen "Fair Market Value" shall mean the value which would be obtained for the equipment comprising the LFG Collection System that is the subject of the University's offer for sale in an arn's length transaction between an inforned and willing buyer under lio compulsion to buy, and an inforned and willing seller under no compulsion to sell, based upon the use of the University's LFG Collection System as an ongoing enterprise in its then current condition utilizing generally recognized professional criteria for the appraisal of industrial property used in the landfill gas business. b. If the County and the University camiot agree on a Fair Market Value for the equipment comprising the LFG Collection System that is the subject of the University's offer for sale within thirty (30) days following the initiation of good faith negotiations, then such Fair Market Value shall be mutually determined in an appraisal by an independent, qualified, nationally recognized appraiser of industrial property similar to the University's LFG Collection System. 31 ARTICLE VII PURCHASE AND SALE OF LFG A. The University's Purchase Obligations 111. Subject to the terms and conditions of this Agreement, t11e County shall sell, and the University shall accept and purchase, all of the LFG that is delivered to the Delivery Point. B. Payments to the County 112. The University shall make payments to the County based on the heating energy content of all Gas Sold. Such payments shall consist of the Flare Pa}nnent and the Conversion Pa}nnent, as calculated in accordance with Subparts C and D of this Article VII: Such payments and any other payments that the University maybe required to make under this Agreement shall be full compensation to the County both for the heating energy content of the LFG and for any Enviromnental Benefits resulting from the destruction of the LFG, including those benefits associated with reducing greei~lzouse gas emissions or producing renewable energy. 113. The University will make monthly cash pa}nnents to the County based on the heating energy content of the LFG delivered to the University in the preceding calendar month, as determined in accordance with Subparts C and D of this Article VII. C. Payment for Gas Flared 114. Each month during the Tei•~n of this Agreement, the University shall make payments to the County based on the heating energy content of the LFG that is delivered to the LFG flare (the "Flare Payinent") (a) colnrnencing upon the Flare Pa}nnent Date (as that term is defined in Article VIII hereunder) and continuing to the Conversion Payment Date (as that tei7n is defined in Article VIII hereunder); and (b) for any period after the Conversion Pa}nnent Date during which the University operates the flare. 32 115. The University shall continuously moiutor the LFG at Meter Points A and B, and such LFG will be measured, recorded, and totalized on an hourly, daily and monthly basis. The heating energy content of the LFG delivered to the flare shall be based on its measured monthly methane content at Meter Point B. The methane content shall be measured in SCF/month and shall be equal to the product of (a) the percent methane by volume, and (b) the LFG measured in SCFhnonth at Meter Point B (the "Meter Point B Methane Content"). For purposes- of determining the Flare Payment, the total monthly heating energy content of the LFG measured at Meter Point B (the "Flare MMBTU HHV") shall be obtained by dividing the product of (a) the Meter Point B Methane Content, and (b) 1,012, by 1,000,000. Expressed in a fornula, the Flare MMBTU HHV =Meter Point B Methane Content x 1012 _ 1,000,000. 116. For a given month during the Tern of this Agreement, the Flare Pa}nnent shall be equal to the Flare Percentage, as such percentage maybe adjusted in accordance with Paragraph 82 of this Agreement and/or Subpart E of this Article VII, multiplied by the product obtained by multiplying (i) the Flare MMBTU HHV for such month by (ii) the lesser of the BTU Equivalent Price or the Adjusted BTU Equivalent Price. Expressed in a fornula, the monthly Flare Pa}nnent = 0.053 (as may be adjusted) x Flare MMBTU HHV x BTU Equivalent Price or Adjusted BTU Equivalent Price, whichever is less. A sample calculation of the Flare Pa}nnent is shown in Exhibit F. D. Payment for Gas Converted to Enemy 117. Eacli month during the Tern of this Agreement, the University shall make pa}nnents to the County based on the heating energy content of the LFG that is delivered to t11e Gas Conversion System (tile "Conversion Payment") (a) commencing upon t11e Conversion Pa}nnent Date (as that tern is defined in Article VIII hereunder); and (b) for any period during which the University operates the Gas Conversion System. 33 118. The University shall continuously monitor the LFG at Meter Points A and B, and such LFG will be measured, recorded, and totalized on an hourly, daily and monthly basis. The heating energy content of the LFG delivered to the Gas Conversion System shall be based on its measured monthly methane content at Meter Point A. The methane content shall be measured in SCFhnonth and shall be equal to the product of (a) the percent methane by volume, and (b) the LFG measured in SCF/month at Meter Point A (the "Meter Point A Methane Content"). For purposes of determining the Conversion Payment, the total monthly heating energy content of the LFG measured at Meter Point A (the "Conversion MMBTU HHV") shall be obtained by dividing the product of (a) the Meter Point A Methane Content, and (b) 1,012, by 1,000,000. Expressed in a fornula, the Conversion MMBTU HHV =Meter Point A Methane Content x 1012 - 1,000,000. 119. For a given month during the Tern of this Agreement, the Conversion Payment shall be equal to the product of (a) the Conversion Percentage, as such percentage may be adjusted in accordance with Subpart E of this Article VII, and (b) the product obtained by multiplying (i) the Conversion MMBTU HHV for such month by (ii) the lesser of the BTU Equivalent Price or the Adjusted BTU Equivalent Price. Expressed in a foi7nula, the County's monthly Conversion Payment = 0.166 (as maybe adjusted) x Conversion MMBTU HHV x BTU Equivalent Price or Adjusted BTU Equivalent Price, whichever is less. A sample calculation of the Conversion Pa}nnent is shown in Exhibit F. 120. The Parties recognize that the regulations, policies and procedures governing reductions in GHG emissions and associated markets for Envirorunental Benefits, including Carbon Credits and Emission Allowances, are evolving. Accordingly, the University will strive to adopt cost effective practices with respect to the LFG Project to maximize the Enviromnental 34 Benefits resulting fioin the project and to measure and document them in a way that meets both the University's interlal carbon reduction objectives and the County's objective to generate economic benefits. E. Adjustments to County Payments 121. General. During the Tenn of this Agreement, the Parties acknowledge that changes in the renewable energy marketplace and in the regulation of GHG emissions may occur tliat may affect the compensation paid to the County under this Agreement. Accordingly, pursuant to the terns and conditions hereunder, the Parties agree to make certain adjustments to the County's payments under the following circumstances as set forth in Para~rauhs 122-125 hereunder: (a) beginning in 2015 and in each year thereafter during the Tenn the Agreement, to reflect certain differences that may arise between the Average Allowance Market Prices for such years and the Forecasted Carbon Prices set forth on Exhibit A for such years (the "Emission Allowance Price Adjustment"); (b) to reflect changes in Global Warming Potential that may arise during the Tern of the Agreement (the "GWP Adjustment"); and (c) to reflect additional compensation that may result fiom tl~e University monetizing additional or different Enviromnental Benefits under this Agreement (the "Adjustment for Other Enviromnental Benefits"). The Parties shall jointly retain the Carbon Price Consultant, begiiuling on or about the date that the flare becomes operational, and the Parties shall share equally all fees and expenses payable to the Carbon Price Consultant. 122. Emission Allowance Price Adjustment. The Parties aclaiowledge that the Flare and Conversion Percentages have been established, in part, based on the Forecasted Carbon Prices set forth on ExltiGitA. Any adjustment in the Flare and Conversion Percentages pursuant to this Paragraph shall be based on a comparison of the Average Allowance Market Prices and the Forecasted Carbon Prices performed pursuant to a methodology (the "Emission Allowance 35 Price Methodolo~y") developed in accordance with the provisions of this Paragraph by the Carbon Price Consultant. No adjustments to the Flare Percentage or the Conversion Percentage shall be made under this Paragraph (i) prior to 2015, or (ii) in any month during the Tenn of this Agreement in which aCap-and-Trade System has not been enacted under federal legislation in the United States. a. Emission Allowance Price Methodology. Not later than one hundred eighty days (180) before the first month in which an adjustment is made under this Paragraph 122, the Parties shall direct the Carbon Price Consultant to develop a methodology meeting criteria mutually acceptable to the Parties that shall permit the Parties to perform a comparison of the Average Allowance Market Prices and the Forecasted Carbon Prices by reference to (i) data showing the prices at which Emission Allowances were purchased and sold in the regulated carbon market established in the United States under federal legislation enacting aCap-and- Trade System, and (ii) such other information that the Carbon Price Consultant determines is customary and reasonable in the carbon consulting industry. The Carbon Price Consultant shall document the Parties' agreement on the Emission Allowance Price Methodology. Any Dispute concerning the Emission Allowance Price Methodology shall be submitted to Dispute Resolution in accordance with Article XI of this Agreement. b. Flare and Conversion Payineilt Adjustments. Begiiuling in 2015 and continuing through the remaining Tenn of the Agreement, in any month in which aCap-and- Trade System has been enacted under federal legislation in the United States, the University shall apply the Emission Allowance Price Methodology to compare the 36 Average Allowance Market Prices and the Forecasted Carbon Prices for the applicable month of the Agreement. c. If there is a positive or negative difference between the Average Allowance Market Price of an Emissions Allowance for the giveiz month and the Forecasted Carbon Price for such month, the following adjustment to the Flare Percentage for such month shall be made: The Flare Percentage shall be increased or decreased by 0.357% for each whole dollar (rounded down to the nearest whole dollar) that the Average Allowance Market Price for such month is either above (for increases) or below (for decreases) the Forecasted Carbon Price for such month; provided, however that the Flare Percentage for any month shall not be adjusted in a malmer that results in the adjusted Flare Percentage equaling (i) a percentage greater than (a) 8.51%, if the Flare Percentage is 5.3%; (b) 14.16%, if the Flare Percentage is 10.95% by operation of Paragraph 82 of this Agreement; or (c) 19.81 %, if the Flare Percentage is 16.6% by operation of Paragraph 82; or (ii) a percentage less thin (a) 2.09%, if the Flare Percentage is 5.3%; (b) 7.74%, if the Flare Percentage is 10.95% by operation of Paragraph 82 of this Agreement; or (c) 13.39%, if the Flare Percentage is 16.6% by operation of Para~aph 82. For purposes of calculating adjustments under this Paragraph 122, the Flare Percentage shall reset each month to five and tluee-tenths percent (5.3%) or the percentage established by operation of Parag_ra_ph 82, whichever is applicable. For the avoidance of ambiguity and by way of example only, if the Flare Percentage is adjusted in January 2015 from five and three-tenths percent (5.3%) to six percent (6.0%), the Flare Percentage shall reset to five and tlu-ee-tenths 37 percent (5.3%) for purposes of calculating any adjustments to the Flare Percentage for the month of February 2015. d. If there is a positive or negative difference between the Average Allowance Market Price of an Emissions Allowance for the given month and the Forecasted Carbon Price for such month, the following .adjustment to the Conversion Percentage for such month shall be made: The Conversion Percentage shall be increased or decreased by 1.12% for each whole dollar (rounded down to the nearest whole dollar) that the Average Allowance Market Price for such month is either above (for increases) or below (for decreases) the Forecasted Carbon Price for such month; provided, however that the Conversion Percentage for any month shall not be adjusted in a maimer that results in the adjusted Conversion Percentage equaling a percentage greater than 26.68% or less than 6.52%. For purposes of calculating adjustments under this Para •aph 122, the Conversion Percentage shall reset each month to sixteen and six-tenths percent (16.6%). For the avoidance of ambiguity and by way of example only, if the Conversion Percentage is adjusted in January 2015 from sixteen and six-tenths percent (16.6%) to fourteen percent (14.0%), the Conversion Percentage shall reset to sixteen and six-tenths percent (16.6%) for purposes of calculating any adjustments to the Conversion Percentage for the month of February 2015. e. The University shall reflect any adjustments to the Flare and Conversion Percentages made under this ParaQla~h 122, including the underlying calculations, in the Monthly Billing Statement for such month issued to the 3$ County under Paragraph 127 hereunder. A sample calculation is provided in Exhibit G. 123. GWP Adjustment. The commercial teens set forth in this Agreement assume a Global Warning Potential (GWP) for methane of twenty-one (21) to calculate the Envirornnental Benefits that will result from the LFG Project's destruction of methane. Payments to the County will be adjusted as set forth below to the extent that the GWP for methane changes during the Tern of this Agreement as follows: a. For any month in which the GWP of methane is twenty-three (23) or greater, as accepted under any Laws regulating the GHG emissions of the University, or, in the absence of such Laws, as provided in the then-cuneilt General Reporting Protocol .for the Voluntary Reporting Program published by The Climate Registry, then the University shall make a payment to the County in the Monthly Billing Statement for such month equal to twenty-five percent (25%) of the product that results fiom multiplying the (i) lesser of the Average Allowance Market Price of Emissions Allowances or the Forecasted Carbon Price for such month by (ii) the difference between the number of metric tons of C02e destroyed by the LFG Project calculated by reference to a GWP of twenty-tluee (23) or greater and the number of metric tons of C02e destroyed by the LFG Project calculated by reference to a GWP of twenty-one (21). A sample calculation is provided in Exhibit G. b. For any month in which the GWP of methane is nineteen (19) or less, as accepted under ally Laws regulating the GHG emissions of the University, or, in the absence of such Laws, as provided in the then-current Genei°al Reporting 39 Protocol for the Toluntary Reporting Program published by The Climate Registry, then the University shall reduce the payment due the County in the Monthly Billing Statement for such month by an amount equal to twenty-five percent (25%) of the product that results from multiplying (i) the lesser of the Average Allowance Market Price or the Forecasted Carbon Price for such month by (ii) the difference between the number of metric tons of C02e destroyed by the LFG Project calculated by reference to a GWP of twenty-one (21) and the number of metric tons of C02e destroyed by the LFG Project calculated by reference to a GWP of nineteen (19) or less. A sample calculation is provided in Exhibit G. 124. Adjustments for Other Enviromnental Benefits. The economic benefit of this Agreement is based in part upon the value of Carbon Credits. The Parties recognize that during the Tenn of this Agreement, other Enviroiunental Benefits may be generated through the University's operation of the LFG Project, particularly as they relate to the market for renewable energy. The Parties further recognize that the cul~ent state of the market for such Enviromnental Benefits is unsettled with respect to whether, and to what extent, other Environmental Benefits may become available that are associated with the operation of the LFG Project. The Parties recognize that during the Terin of this Agreement, new Laws, guidance, voluntary standards or comparable directives may be issued that clarify the respective valuation protocols for various Environmental Benefits associated with the LFG Project. 125. In consultation with the County, the University shall, on an ongoing basis, determine if the categorization of Environmental Benefits associated with the LFG Project in ways other than as Carbon Credits would result in additional revenue to the County without compromising either the University's ability to derive environmental benefit through the 40 generation of Carbon Credits or its achievement of other objectives for the LFG Project, including in particular as they relate to the University's coimnitment under the American College and University Presidents Climate Corrunitinent. If such alternative categorization of Environmental Benefits would result in a greater overall value to the University and a greater overall payment to the County than the County would receive if the Enviromnental Benefits were solely categorized as Carbon Credits, and the University decides in a given month, in its sole discretion, to monetize a portion or all of the Enviromnental Benefits in a mamzer other than as Carbon Credits, the University shall pay to the County fifty percent (50%) of the proceeds resulting from such monetization net of any costs the University incurs both in monetizing the Enviromnental Benefits and replacing Carbon Credits that would otherwise have been generated by the operation of the LFG Project, if any, but for the University's decision to monetize another type of Enviromnental Benefit. Provided, however, that nothing in this Agreement shall obligate the County to incur all or any portion of any costs that exceed any surplus proceeds resulting from t11e monetization of any Enviromnental Benefits. In the event the University generates a surplus in any month, it shall provide an accounting of the surplus revenue thus generated in the Monthly Billing Statement and the monthly pa}nnent to the County shall be increased accordingly. A sample calculation is provided in Exhibit G. 126. Notwithstanding anything contained herein to the contrary, the County shall have the option, exercisable at any time and from time to time upon thirty (30) days' written notice to the University, to purchase Carbon Credits from a third party and to exchange such Carbon Credits, without any additional compensation, for an amount equal to up to fifteen percent (15%) of the Carbon Credits generated by the LFG Project in a given month. The Carbon Credits purchased from a third party for exchange must be eligible carbon offsets under aCap-and-Trade 41 System enacted under federal legislation in the United States, or in the absence of such a system, must be eligible carbon offsets under the Califol-~iia Climate Action Registry, the Voluntary Carbon Standard, or the rules of any regional compliance market, such as the Regional Greenhouse Gas Initiative or the Westel-~7 Climate Initiative. F. Billin 127. The University shall cause the metering devices to be read on the last day of each month during the Tel-~n of this Agreement..The University shall thereafter prepare and deliver to the County on or before the fifteenth (15th) day of each subsequent month the Flare Pa}nnent and/or the Conversion Payment along with a statement to the County (a "Monthly Billing Statement") providing all relevant metering infoi-~nation and data that will clearly indicate (and will pei7nit the. County to verify) the. (i) quantity of Landfill Gas on an SCF basis delivered to the Meter Points A and B during the preceding calendar month; (ii) the Meter Point A Methane Content and the Meter Point B Methane Content; (iii) the Flare MMBTU HHV and the Conversion MMBTU HHV; (iv) the Flare Payment and the Conversion Payment; (v) any adjustments made under Subpart E of this Article VII; and (vi) reasonably detailed calculations perfoi7ned by the University to derive all of the foregoing information. ARTICLE VIII RESPECTIVE EFFECTIVE DATES OF TI3E UNIVERSITY'S OBLIGATIONS UNDER THIS AGREEMENT 128. Construction Date - (Construction of LFG Collection System). The University shall have no obligation to commence construction of the LFG Collection System (or to continue construction of the LFG Collection System if construction has already commenced) prior to the University's receipt of all LFG Project Pei7nits relating to such system. Within ten (10) days of its receipt of the last Approval necessary to construct the LFG Collection System, 42 the Party receiving such Approval shall notify the other Party in accordance with ParaQra~h 153 hereunder of the date of the issuance of such Approval. 129. Flare Payment Date. The University shall commence Flare Payments to the County thirty (30) days after the acceptance of the completed LFG Collection System by the North Carolina State Construction Office. 130. LFG Project Date. The University shall commence construction of the Pipeline and the Gas Conversion System after the occur ence of the following events: a. The receipt of all necessary Approvals to construct the Pipeline. b. The receipt of all necessary LFG Project Permits relating to the Gas Conversion System and the Pipeline. Within telr(10) days of its receipt of the last Approval necessary to construct the Gas Conversion System and the Pipeline, the Party receiving such Approval shall notify the other Party in accordance with Paragraph 153 hereunder of the date of the issuance of such Approval. 131. Conversion Payment Date. The University shall coirunence Conversion Pa}nnents to the County thil-ty (30) days after the acceptance of the completed Gas Conversion System by the North Carolina State Construction Office. ARTICLE IX LANDTILL GAS DELIVERY 132. Ownership and title of the Landfill Gas shall pass to the University at the Delivery Point. 133. For purposes of measuring the quantity of Landfill Gas delivered to the Delivery Point, the University shall install, at its own cost and expense, Gas Flow Meters for Meter Point 43 A and Meter Point B with a design accuracy of not less than two percent (2%) for all parameters measured and taking into account vel-ification methodologies for Enviroinnental Benefits. 134. Such Gas Flow Meters shall be owned, operated, maintained and calibrated by the University at its sole cost and expense. The Gas Flow Meters shall be designed and operated to provide time-synchronized data for MMBtu and to provide all other information required to be measured pursuant to this Agreement. The University's Gas Flow Meters shall be sealed, with t11e seals broken only for the purpose of inspecting, testing, repairing, or recalibrating the metering devices. The University shall keep its Gas Flow Meters accurate and in good working order and the University shall periodically test such metering equipment as the University deems necessary; provided that the University shall test its metering equipment at least once every six (6) months, but in no case less than any testing requirement set forth in any applicable Laws or manufacturers' recommendations. In the event a Gas Flow Meters is to be tested, cleaned, repaired or recalibrated, or otherwise read or inspected by the University, the University shall provide the County with five (5) days prior written notice of any such procedure, so that the County may be present during any such procedure. The University shall preserve all charts, test data and similar records in accordance with the record retention provisions of Para~aph 148 of this Agreement. The County shall have the right to install and maintain its own Gas Flow Meters. 135. The County and its agents shall have the right from time to time, at reasonable times during the Tei7n, to monitor, access, and inspect the condition and use of the LFG Project and to monitor, access, and inspect work in progress and the day-to-day operation of the LFG Project. Any such monitoring, examinations, inspections or visits shall be conducted in a mam~er so as to cause minimum interference with the University's LFG Project. 44 ARTICLE X INSURANCE AND TAXES 136. At all times during the tel-m of this Agreement, the Parties shall maintain worker's compensation insurance, covering liability under applicable worker's compensation law, at the statutory coverage levels. 137. Any subcontractor retained by the University in connection with the construction of the LFG Project shall comply with the minimum insurance requirements specified by the North Carolina State Construction Office under tl7e "Instructions to Bidders and General Conditions of the Contract" (Fo17n OC-15). The University shall require each such construction subcontractor to maintain such coverages for the time periods required therein. Any subcontractor retained by the University in connection with the operation of the LFG Project shall comply with the minimum insurance requirements specified in the "North Carolina General Contract Tenns and Conditions" or the "University of North Carolina at Chapel Hill General Tei7ns and Conditions for Commodities and Services," as applicable. The University shall require each .such operating subcontractor to maintain such coverages for the time periods required therein. 138. No subcontracting shall relieve any Party of its obligations under this Agreement. Each Party shall remain primarily liable and obligated to the other Party for the timely and proper performance of all of its obligations hereunder even if such obligations are delegated to third-party subcontractors. 139. Each Party shall be responsible for any taxes or assessments levied on any real, personal or tangible property owned by it, inclusive of any LFG on that party's respective side of the Delivery Point after the Effective Date of this Agreement. All transfer, documentary, sales, use, stamp, registration, recording, conveyance and other similar taxes, fees or charges 45 (including any penalties and interest) arising from the transactions contemplated by this Agreement shall be paid by the University when due or collected from the University by the County in accordance with applicable Law. Half (50%) of the amount of taxes, fees or other charges paid by the University pursuant to the immediately preceding sentence shall be subsequently reimbursed to the University by the County by set-off against the Flare Payments. In accordance with applicable Law, the County will accept a certificate or other documentation as required with respect to any claim by the University that it is exempt from the payment of any such taxes. To the extent applicable, the University and the County will, at their own expense, file all necessary tax returns and other documentationz with respect to such taxes, and the Parties will cooperate to the extent necessary with respect to such filings. ARTICLE XI DISPUTE RESOLUTION 140. General. Any dispute, controversy or claim that arises out of or relates to this Agreement (including any dispute over the existence, validity, interpretation, performance, breach or termination thereof) (a "Dispute") shall be resolved in accordance with the procedures specified in this Article XI prior to any pal-ty initiating litigation regarding such Dispute, except as set forth in Para~-aph 146 of the Agreement. Each Party shall bear its own costs incur-ed in comlection with any dispute .resolution process under this Article. The entire dispute resolution process set forth in this Article XI is a compromise negotiation. Subject to the North Carolina Public Records Act and other applicable Laws, ali offers, promises, conduct and statements, whether oral or written, made in the course of dispute resolution by any of the Parties, their agents, employees, experts and attorneys are confidential. Subject to the North Carolina Public Records Act and other applicable Laws, such offers, .promises, conduct and statements are 46 privileged under any applicable arbitration privilege, are subject to Rule 408 of the Federal Rules of Evidence and any state counterpart rules or doctrine and are inadmissible and not discoverable for any purpose, including iinpeaclunent, in litigation between the Parties to the litigation; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its presentation or use during the dispute resolution process hereunder. 141. Notice. If a Dispute arises under this Agreement the claimant Party (the "Claimant") shall provide a written notice of the Dispute ("Notice of Dispute") to the other Party ("Respondent"), which shall contain a reasonably detailed statement of the nature of the Dispute and the relief requested. A Notice of Tei7nination issued in accordance with Article VI shall be deemed a Notice of Dispute for purposes of this Article XI. 142. Executive Review. Upon receipt of a Notice of Dispute, the University's Director of Energy Services and the Assistant County Manager shall meet in person and, unless the Parties mutually agree in writing to a different trine period, shall have thirty (30) calendar days to discuss, consider and attempt iii good faith to resolve the Dispute. If, upon the expiration of such time period, the University's Director of Energy Services and the Assistant County Manager have been unable to resolve the Dispute, then they shall immediately submit the dispute for Senior Executive Review in accordance with Para •aph 143 of this Agreement. 143. Senior Executive Review. For disputes that are submitted for Senior Executive Review following the Executive Review process described in Para~-raph 142, the University's Associate Vice Chancellor for Campus Services (or higher-level authority) and the County Manager (or higher-level authority) shall meet in person and, unless the Parties mutually agree in writing to a different time period, shall have thirty (30) calendar days to discuss, consider and 47 attempt in good faith to resolve the Dispute. If, upon the expiration of such time period, the University's Associate Vice Chancellor for Campus Services (or higher-level authority) and the County Manager (or higher-level authority) have been unable to resolve the Dispute, then the Dispute shall be submitted to non-binding mediation in accordance with Paragraph 144 of this Agreement. 144. Non-Binding, Mediation. If the Executive Review and Senior Executive Review dispute resolution processes are unsuccessful, the Parties shall be obligated to submit the Dispute to non-binding mediation through the use of a neutral, independent, disinterested mediator selected by the Parties fiom a professional, mediation firm. If such Dispute is not resolved tluough the non-binding mediation.process within one hundred twenty (120) days after the date of the Notice of Dispute or Notice of Termination (or such other time period as mutually agreed to by the Parties in writing), either Party may initiate litigation in any coux-t of competent jurisdiction. The Parties shall share equally all fees and expenses payable to any mediator retained hereunder. 145. Continued Perfornance• No Tolling of Cure Periods. Except when clearly prevented fiom doing so by the matter in dispute, the Parties shall continue performing their obligations under this Agreement while any Dispute is being resolved as provided in this Article unless and until such obligations are ternillated by the termination or expiration of this Agreement. The time flame for a Party to cure any breach of the terns of this Agreement shall not be tolled by the pendency of any dispute resolution procedures. 146. Equitable Relief. Notwithstanding anything contained in this Agreement to the contrary, the Parties shall be entitled to seek injunctive or other equitable relief in any court of 48 competent jurisdiction whenever the facts or circumstances would permit a Party to seek such equitable relief without obligation to post bond. ARTICLE XII FORCE MAJEURE 147. Suspension of Obli atg~ions. If, because of a Force Majeure event, either Party is unable, in whole or in part, to carry out its obligations under this Agreement, then such Party shall give written notice and reasonably full details of the Force Majeure event to the other Party as soon as possible after the event's occurrence. Upon such notice, the obligations of the noticing Party (other than the obligation to make any payments under this Agreement) shall be suspended during the period in which the Party is unable to perform because of the Force Majeure event, but for no longer period, provided that: a. the burden of proof on whether a Force Majeure event has occurred shall be upon the Party claiming Force Majeure; b. the nonperforming Party shall make all reasonable efforts to continue to perform its obligations despite the occurrence of a Force Majeure event; and c. the nonperforming Party shall provide the other Party with prompt written notice of the cessation of the Force Majeure event. ARTICLE XIII MISCELLANEOUS 148. Records. During the tern of this Agreement, and for a period of tlv-ee (3) years thereafter (unless a longer period of time is required under applicable Laws), each Party shall keep and maintain complete and accurate records and all other data required by each of them for the purposes of the proper administration of this Agreement. Each Party shall have the right, at 49 its sole expense during normal business hours, to examine the other Party's records to the extent necessary to verify the accuracy of any statement, change, notice or computation made hereunder. 149. Amendment to Agreement. This Agreement may be amended or modified only by a written instrument sighed by each of the Parties. 150. Disclaimer of Joint Venture Partnership and A~ency. This Agreement shall not be interpreted or construed to create an association, joint venture, or partnership between the County and the University, or to impose any partnership obligation or liability upon such Parties. Neither the County nor the University shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. 151. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance be invalid or unenforceable to any extent, the remainder of this Agreement or the. application of such tei-~ns and provisions to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, except each Party shall be obligated to refol-~n the remaining tei-~ns appropriately, and each teen and provision of this Agreement shall be valid and be enforceable to the fullest extent pel7nitted by law. 152. Assi ugi Went. Neither Party may assign or transfer its respective rights and obligations under this Agreement, except with the consent of the other Party, which shall be in that Party's sole discretion. Any assigl-nnent purportedly made by a Party without the requisite consent of the other Party shall be null and void. 50 153. Notices. All notices and other communications under this Agreement (other than regularly scheduled payments) shall be addressed as follows: Orange County: Orange County Solid Waste Director P. O. Box 17177 Chapel Hill, NC 27516 (Current Director: Gayle Wilson) PHONE 919-968-2885 FAX: 919-932-2900 Orange County Manager P. O. Box 8181 Hillsborough, NC 27278 (Current Manager: Laura Blaclanon) PHONE 919-245-2300 FAX: 919-644-3 004 With a copy to: Orange County Attol7zey P. O. Box 8181 Hillsborough, NC 27278 (Current County Attoi-~1ey Geoffrey E. Gledhill) PHONE 919-245-2300 FAX: 919-644-3 004 Or°arzge County Ernerger2cy Contact: Orange County Solid Waste Operations Manager (Currently: Paul Spire) PHONE: (919) 624-0221 FAX: 919-932-2900 The University of•Nor~th Carolina at Chapel Hill.• Director of Energy Services 925 Branch Street, Campus Box 1855 Chapel Hill, NC 27599-1855 (Current Director: Ray DuBose) PHONE: 919-966-4100 FAX: 919-843-7328 With. a copy to: 51 The University of North Carolina at Chapel Hill General Counsel Campus Box 9105 Chapel Hill, NC 27599-9105 (Current General Counsel: Leslie Strohm) FAX: 919-843-1617 U12lVG'YSlI)1 EY12G'YgG'12Cy CO72tClCt' Shift Supervisor on duty UNC Cogeneration Facility PHONE: 919-962-1167 (24/7 emergency telephone number) Such notices and communications shall be deemed to have been given and received when personally delivered or upon receipt as evidenced by a United States Postal Service Receipt for Certified Mail or evidence of delivery by a private express mail service (e.g.; UPS, FedEx, DHL) or upon receipt by facsimile provided that the sender promptly thereafter delivers a copy of the. notice together with the receipt issued by the sender's facsimile machine, to the recipient. Either Party may change the address to which communications or payments are to be made by notice to the other Party as set forth above. 154. Integration. This Agreement is intended by the Pal-ties as the final expression of their agreement with respect to such subject matter, both written and oral, and supersedes all previous agreements. 155. Waiver. No delay or omission by a Party to exercise any right oecui7•ing upon any non-compliance or default by the other Party with respect to any of the tei-~ns of the Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either the County or the University of any failure of the other Party to perfoi7n any of its obligations under this Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 52 156. Choice of Law. This Agreement and any provisions contained herein shall be interpreted under the laws of North Carolina without regard to principles of conflicts of law. 157. Communications. Neither Party shall make any public announcement concenimg this Agreement nor the transaction contemplated herein without first obtaining the approval of the other Party, which approval shall not be unreasonably withheld or delayed. 158. Equal Opportunitv/Non-discrimination. The Parties shall comply with all federal and state requirements conceniing fair employment and employment practices discriminating by reason of race, color, religion, gender, national origin, disability, 'age, creed, veteran's status, or sexual orientation. 159. No Third Party Beneficiaries. The Agreement is not intended to and does not confer any right or benefit on any third party. IN WITNESS WHEREOF, the Parties hereto have caused the execution of this Agreement by the representatives whose names appear below as of the date first written above. ORANGE C~~1~Y;'~~~`H CAROLINA ITS: C.~~l/.~(~c. , DATE: UNIVERSITY OF NORTH CAROLINA AT CHAPEL H L BY: R~'c~oJdlL. Math ITS : Ice Chancellor for Finance & Administratigfl DATE: 53 Exhibit A: ".Forecasted Carbon Prices"~ "Adjusted Btu ($ per metric ton of .Each Month in Equivalent Price" carbon dioxide Calendar Year ($/MMBtu HHV) equiva{ent) 2010 $ 9.00 $ 6.50 2011 $ 9.18 $ 7.25 2012 $ 9.36 $ 7.75 2013 $ 9.55 $ 8.00 2014 $ 9.74 $ 11.55 2015 $ 9.94 $ 18.00 2016 $ 10.14 $ 19.02 2017 $ 10.34 $ 20.04 2018 $ 10,54 $ 21.06 2019 $ 10.76 $ 22.08 2020 $ 10.97 $ 23.10 2021 $ 11.19 $ 24.40 2022 $ 11.41 $ 25.70 2023 $ 11.64 $ 27.00 2024 $ 11.88 $ 28.30 2025 $ 12.11 $ 29.60 2026 $ 12.36 $ 31.24 2027 $ 12.60 $ 32.88 2028 $ 12.85 $ 34.52 2029 $ 13.11 $ 36.16 2030 $ 13.37 $ 37.80 2031 $ 13:64 $ 38.56 2032 $ 13.91 $ 40.11 2033 $ 14.19 $ 42.57 2034 $ 14.48. $ 46.08 2035. $ 14.77 $ 48.40 2036 $ 15.06 $ 49.37 2037 $ 15.36 $ 51.36 2038 $ 15.67 $ 54.51 2039 $ 15.98 $ 59.00 Note 1:2010 - 2014 estimated by Energy Strategies, LLC with input from Oliver Inc.. 2015 - 2039 based on S. 2191, Nicholas Institute ADAGE Forecast. . ___ E�ibit B �FG CuE�L�CT?Ot� SYSTEh1 LFG C�11 ECTIC7�J SYSTEM ; ; `j '1 i � }�I ` I f ' ' � � ' E � ` ; �I �'' ( i ; � )� �' ; i !' � �r )� �Y � `y ; �rj �t � : S��Je1-I LAUDFt�L 1 NO=�Tf°I L;NC3FIL� �.4�IS'TURE �EFa.F'A"f{ll� CGi�6_NSi�T� �k�d��(fi PaINT Li — F(.tiR:E i,�LLECTI��. T�r�K � (FLOV; KN(� �!cTHA,rlE GQN��n1'} Gr�S F�=�ER r.[}UP?EX� ��1CK—UF� � I"LAI�F LrG EX�RA��Tf�N �_ MEfER PC}lUT � — ��`'��' C4Vtr_RSIt��! �YSTEf�i �=LIVERY {F�Ot+d rti�lD t�1�H�f+l� �UINT � CO�ITENT � COND. � ��ie��t�� Gr�.S CQ�.a?�rESSOR CHlLLE�C Lr,N L�f�L �( I � cc�l�cl a�v��ST�tVi L01'd P�_SSURE G:AS r IPE�IN� i3 �I��S C�N`�tEi�S1GN SVS'�Eht �2.2 t�iILES SILcPlCER E�v�TRICIP` TO UNI'�r_RSI-fY "'�'�--- =tJGINE :.XE-'sA:1r�l' � L�C1[�► � _ _ �;�� CC��J�`��SIC�N SYS i E�ri f,OM4�' Et1GIh=/GEI�°=RkT�R �ET Exhibit C (000 1 8638.DOC 241 __ _ _ __ _ E�ibit C cont. Description of Easements Property ID Number Approximate Location Approximate �ength Type of Use Approximate Width of Approximate Width of of Easement on Parcel of Easement on Parcel Permanent Easement Construction Easement 9870662911(County southeast corner of L.andfill Gas Pipe, 6"to Landfill site, south property 1,500 linear feet(LF) 12" diameter 10 LF 20 LF section) 9870751483 parallel to north L.andfill Gas Pipe, 6"to property line 350 LF 12" diameter 10 l.F 20 LF 9870855283 parallel to north Landfill Gas Pipe, 6"to property (ine and east 3,000 LF 12" diameter � 10 LF 20 LF property line 9880008527 parallel to north Landfill Gas Pipe, 6"to (Homestead Road) property line, adjacent 12° diameter,and to roadway 1,200 LF Electrical/telecomm 20 LF 30�F ductbank and vaults Exhibit D Approvals Landfill Site Solid waste permit Air permit for flare Dulce Energy -New Service Pipeline North Carolina Utilities Commission (NCUC) Town of Chapel Hill North Carolina Department of Transportation Orange County -Easements Dulce Energy -Easements North Carolina Department of Ziisurance North Carolina State Construction Office North Carolina Department of Environment and Natural Resources Norfolk Southern Railroad Gas Conversion Building Town of Chapel Hi11-Zoning Compliance Pei-~nit (ZCP) North Carolina Department of Il7surance North Carolina State Construction Office Air Permit for engine North Carolina Department of Enviromnent and Natural Resources Orange Water and Sewer Authority (OWASA) Exhibit E Calculations demonstrating that Landfill is not subiect to NSPS (see attached) ~~~n~s ~~~ss©ciAT~s~ iNC~ ~~(~ CONSULT[NG ENGINE~I2S 1.11 GOMMUNWEALTH COURT, SUITE 104. CARY, NC 27511-4464 _ PN4NE; (919) 319-1187 FAX: (919) 4131-1522 August 25, 1998 Project No: X97,945-595 Mr. Thomas C. Allen,lz Environmental Engineering Supervisor NC DErTNR Division of Air Quality P.O. Eon 29580 Raleigh, North Carolina 27626-p5S0 Tra~><smittai Recalculatiozl of NMOC lJmissians for Title `V Applicability Orange Regional Landfill (1v1SWLF Permit No. 68-O1) . ~ •Chapel bill, North Carolina Dear Mr.Allen: On behalf of the Tovvn of Chapel, North Carolina, Alines &: Associates, Inc. (ACMES) has recalculated ale rate ofpa:st and futureNon,Methane Organic Compound (NMOC) emissions fox the Orange Regional Landflll. The Landfill is composed of ttivo distinct 1viSW disposal units located on sepaxate tracts bisected by. Eubanks Road. T'he Northern anal Southern MSW disposal .units of the Orange Regional Landf 11 have; beef Considered a single emissions source in our evaluations. This work fulfills the requirements of the second option stated in,your letter to Orange Ragioz~al Landfill dated December 1, 1997. Specifically, those options were to either: 1) submit an, application for a Title V operating permit or 2) subz;zit additional laz-ldfill docunzentatior3. and recalculation of NIvIOC emissions demonstrating that the solid waste facility's potential to emit regulated air •pollufants is below the 100 tonlyear Title V applicabilif~~ threshold. The North Carolina Departnserlt of Environrxlent & Natural Resources, Divisio>la of Air Quality's (DAQ) request for fu~,~tller facility doeumez~tation and/or permitting was based on the results of the DAQ's calculations of late 1997. The DAQ's calculations, based on information. provided in the Inftial Deszgr~.Capczcity Report, suggested elevated landfill air emissions rates i'or Orange k~egional Landfill {Table 1): A general. tinge extension vas granted bar the DAQ to a nun-~ber of MS~Xr Iandfzlls, 111CIUC11ng Orange Regional Landfill, following concerns with the short response petzod, t13.e accuracy of the DAQ's December landfill emission estimates, and potential for misinterpretation of the.data presented in the .Initial Design Capacrry Feport. Most notable, the DAQ's calculations were .. partially based on the very conservative ix3odel and default gas generation factors promulgated to evaluate NSPS applicability rather than the Al'-42 default factors published for Title `V purposes. NIr, `1'hamas C. Allen, Il NC DEl-1:NR DAQ August 25, 1998 Page 2 . V~Ie understand that the DAQ will now accept recalculated'~1MOC emissians using dle U.S. ERA's AP~42 emissians factors and the .~andu%in emissions modeling computer program developed by U.S. EPA for gas emissions estimation. Neither were used in the oxiginal calculations performed by the DAQ. Please note that our estimate of the in-place I~-ZS~' waste volume for the Northern disposal unit has been substantially reduced from that previously, reported. 1~ urtlier reseaxch into the disposal .records and history of the northern site documented that substantial. volumes of inert material were placed in the northeni landfill. The inert wastes, identified by class, tonnage, and year in tlxc attached spreadsheet, {Table 2), were excluded far the gas generation calculation. l~ccalculation of NIVf(7C emissions were performed for the combined itilSti~ disposal units using the ~crndl~in model. This simple computer program was developed specifically far estimating IviSW landfill gas generation rates under the New Source Performance Standards and Emission Guidelines for Municipal Solid '4~aste Landfills (NSPS. The landfill gas emission model is based on a .first-ardor decomposition rate equation that estimates annual emissians aver a period of time based on the input of site variables and established default values specified by the user. The Lunr~YTfin software uses identical equations to the methods used by the 1_?AQ in their calculations, by Orange Regional Landfill staff in preparing the 1'nitial Capacity Re~a~rt, and by ALIvtES in their dernonstratrng the non-applicability of NSPS to this site. 1'he calculations ~u-e sensitive to the gas generation rate factors, e.g. whether the NSPS/Clean Air Act (CAA) default parameters or the US ERA's AP-42 emissions factors are used. The current A.P-42 emissions factors for MS~t7J landfill gas generation as referenced in the 1.,15 EPA literature are as follows: k ~ 0.04 Iiyr L~ ~ 4411 f-t3 CH~;'Mg of waste in place Crrti~oc = 2420 pprnv as hexane (co-disposal) ~-NMOC: = 595 ppmv as hexane (no ea-disposal). The recalculated I~MOC emission rates for northern, southern, and combined IVIS~V units are presented in 'fable l . Gas generation rate estimates were completed for I~IMOC's using both the A.P-42 and NSPS/CAA. emissions factors far comparison. These emissions modeling results are presented in Attachments A and >3, respectively, The emissions analysis demonstrates that actual tili'v10C emissions are currently well below the 100 tonlyear tlzteshold established by the DAQ tp trigger the Title V operating permit program. The calculations further show that predicted N?~rIOC emissians are considerably below those previously calculated by the DAQ based on NSPS defaults. Recalculated 1\;I~IOC values for the Orange Regional Landfill document that the landfill's potential to emit is well below all applicable regulatory thresholds for the cur7ently permitted waste footprint and design capacity, Substantial future expansion would be required at the site to approach the regulatory limit on emissions. Nate that the Orange Regional Landfill is currently operating in a new lined Subtitle ALMES & ASSOCIATES, INC. CONSUETING ENGINEERS P:\Document s\ChapHdi-545\R4?-S =5 ~'47-?~S.Ailen.•4.a,,~.?-25~4c,dcc R97-945-545 Mz. Thomas C. Allen; II NC D)uHNR AAQ Aubust 25, 1998 Page 3 D landfill with a permitted capacity of 740,000 tons. The attached stunmary table, Table 1; compares ALti1BS' calculations, using both CAA. arad AP~ ~€2 parameters, to the original calculations performed by the DAQ. Based on our ealeulatiozas (Attaclunent A ~4c B}, the Orange Regional Landfill should not be subjected to either the Title V permitting or NSPS emissions con.txol requirements. The Orange Regional Landfill will be required to obtain a Title ~i air quality permit only if I~I~IOC emissions reach 100 tons/year. 'l'l~e only warranty or guarantee made by ALNfBS in connection with services perfoi7ncd for this project is that such services were performed with the care and skill ordinarily exercised by reputable me~-nbcrs of the profession practicing tinder similar conditiotas at the same time and the same or similar locality. I~(o other warranty expressed or implied, is made or intended by rendition <~f these consulting services or by furnishing oral or written reports of the findings made. ALNIIS appreciates the opportunity to submit these calculations to the DA(,) an behalf of the Town of Chapc3 Hill. Please feel free to contact us in our Cary, NC office ((919} 319-1187} at your earliest convenience should you have any questions or comments. Thank you in advance far ycx~ assistance in this matter. Sincerely, ALNIES ~ ASS{)CIA.'I`ES, I~IC. CONSULTING ENGIi`1E-ERS ~~. _ William S. Alines, I'.l~:. V Project Mataager Graham H. Simmerman, Jr., P.G. Engineering Geologist GHS/WSAJIh cc: Gayle Wilson; Town of Chapel Hill Milce Meagher, Town of Chapel Hill R.97-9~5-595 File Attacl~rnents ALMES &ASSOCIATES, ItJC. CONSULTING ENGIN;=SRS P;~bocumenis\ChapHilL595\ 49?-9a5\R° %=ads, nde^,-GkG.B•25-9°.dcc _.xti!'1111t11~t ~`'.~`~~N ~~~l~rf 1 ~'-.i ~~ ,,.a~a~,~~ •e ~ ~~ o ~jrl!-1l1511~~t R47-445-5°5 Mr. Thomas C. Allen, II NC DEHNR DAQ August 25, 1998 Page 4 Table 1. ~.ecalculation of N141t3C Emissions Prange Regional Landfill, North Carolina (Permit Flo. 68-1}1) The fallowing is a sutnrnary of NMOC values calculated by NC Dr1Q using NSPS/CAA emission factors and those calculated using both'~1SPS/CAA and A.P-42 emission .facto.rs. NC DAQ officials Dave tentatively approved the use of the AP-42 emission factors reronunended by the US ~;l'A. ~`he calculations were perforn~.ed using the L'S EPA l,and~~in rr>_odel I cotnputcr program developed for US EPA. (Jutput sheets for the recalculated emissions arc presented in Attachments A c~c. 13. Northern Southern Tatai 'Gait Unit 11anc1till MSW Design Capacity 891,55© Mga 770,000 Mg 1,661,550 Mg {81(},50© tons) {700,Q(}() tons) {1,510,500 tons) Years of Operation 1972-1995 1995-2006 1972-2006 Max. NMOC generation rate ----- ----- 1,447 M~year {1,315 tons/year) {per NC I7AQ calculations) Max. NiviUC generation rate 133.8 M~~r`year in It)95 132.8 Mgr''year in 2006 2099 ivtgiyear in 2006 8 (tcsns/year} I40 ! (New calculations using CAA) 121.6 (tnnslyear} . ycar) 120.7 {tans Max_ NNtOC generation rate I2.5 VI~,~year in I ~J95 12. I ivtgrycar in 200b 20.2 MI;/ycar in 200Ei 37 (tonstycar) 18 f {ALMtS calculations using AP 42) l 1.4 (tons! car y ~ . year} t I .{> {tons N~ tes: IVlultiply Mg (tnegagratns) by 1.I to convert t~ tons. i Landfill Air Emissions Estimation ~:fodeI, W indo~vs b'erslon 1 .©, L'S Environmental Protection Agency, Control Technology Center, Research Triangle Park, NC. March 1996. AL1+r1ES & ASSOCIATES, ENC. CONSULTING ENGINEERS P,97.9a5-595 P:\Documents\ChapHlll-S95\R9i-945\~97.9~` ~I'en.i.Av`~.3-25-Sc.doc _ __ _ . ___ __ _ Orange Regic�nal Landfi�l Clean Air Act �'ermittinc� Calculat�vns North Area - Wast� Tonnages & P�rcer��ages af In�r�s �iscal TQtal MSV'C&�Waste Buried Other Buried Inert Wastes Total Buried �iverted Iner#Waste:Total All Tc�tal MSW Tot�l Year Buried Clean Mixed �'ires Ash Srush Asbestos Waste �'ires �rush Waste Waste C&D oniY 72 26,918 �3,f�82 200 �,�}�t} 45,80� 4�,8C3CI 31,7�8 93,682 73 26,9�8 13,�82 20Q 5,000 45,8(}0 4�,8{3U 3'1,758 13,882 74 26,918 13,682 �00 5;OQa 45,$C}t� 4�,$Dp 31,7Fi8 13,682 7� 26,918 13,B82 2{l� �,OOCI 4v,$U(l 4�,80� 3'1,7�8 13,fi82 76 26,918 13,682 2�Jt} �,�IC7tl 45,800 4�,8�t� 3�,788 13,�82 ?7 26,918 13,682 2Q4 �,C1DQ 4�,80{} 45,8410 31,7fi8 13,8$2 78 26,918 13,�82 2Qfl 5,000 4�,80Q 45,80C� 31,768 13,682 79 26,998 13,682 2Q0 5,000 4�,${70 4�,8t10 31,768 13,682 SO 26,9'f 8 13,682 2�U �,QCIQ 2,Od0 47,8t1(} 47,$�{� 31�768 13,f82 81 26,918 13,882 20Q S,QClO 2,OQ{J 47,80(} 47,8Q0 31,7'6$ 13,�i8Z 82 �6,918 13,682 20Q 5,aC10 2,(lt}CI 47,800 47,8�C1 31,768 �13,fi82 83 26,918 13,fi82 2(l0 5;000 �,4�Q 47,8tI� 47,8�� 3�,7�i8 13,682 $4 26,918 13,G82 20C} �,tlD�1 2,QQQ 47,80fl 47,8fl{l 31,7�8 '�3,682 85 26,318 13,682 200 5,000 2,OOC} A�7,800 47,8{}Q 31,7fi8 13,682 88 26,9'18 '13,882 20Q 5,OQ0 2,0{lQ 47,8D0 47,$OQ 3�,768 13,682 87 26,938 13,�82 20{l �,0�0 2,OOQ 47,800 47,8�0 31,768- 13,682 88 26,918 13,882 200 �,Otlt} 2,Q{�0 47.8(}tJ 47,8t]{} 31,7$8 � 13,682 89 2�,918 93,682 S,QOQ 2,OD0 47,�(}0 2ClC} 47,8Q(} 31,7fi8 13,6$2 6/9�-�191 57,70� �,020 22,560 C1 6,820 2,74fl 45 94,$90 225 95,915 �7,705 2�,580 6191-5J92 78,644 0 39;974 0 23,b22 2,318 1'!7 144,67� 2�0 2,50Q 147,�7� 78,£44 39,97� 6192-5/93 83,42� 1,99C1 32,5'�a a 26,37� Cl 3� 12�,33v 26� 2,3{7� 1�6,9�5 63,42{3 3�,�� f/93-5t94 fa,1�U 13,8�t7 12,820 U 29,115 � C� 12�,03� 7�� 3,9�� 12�,715 fi5,150 12,92t1 6I94-�195 61,06C1 Q 32,28� 0 30,815 (l Q 124,16[} 1,515 4,230 129�90� 61,��Q 32,28� 6/95-5/96 Q � 31,20� (l 36,240 0 0 67,44� 9'I5 4,9�5 �3,27� D 31.2Q� �I96-51�7 a 4 33,86fl 0 1�,330 Q 0 49�19t� 1,0�5 33,�75 83,82� �} 33.86t3 6(97-�I98 0 tl 3Q,168 Cl a 0 (l 30,'�6$ 1,097 6,387 37,6�2 4 3d,'f�8 810,�Q3 20,8�t1 481,763 3,40Q 2�8,2'17 2�,058 197 1,599�998 6,227 57,837 1,�a64,tI62 897,803 486,783 Nc�tes: Ir�-place waste volume for northern landfill remains �.6 rnillion tons. lr�-�lace waste density of 1,0�� lbs lcubic yard and a waste to svil cav�r ratio of 4 to 1 assumed. Waste class tanagss proir ta#ruckscale irrstallation {199(�}were es#irr�ated ba�ed on early disposal hrstory,waste class percentage trends, and tot�l wast�fi!! vQiume. Estimates are as f�liaws: 48A�,�34fnns equal appoxima#ely 26,�18 tonslyear over 18 years{1972 through 1�99Q); 246,276 tons equal appoximately 13.682 tonslyear av�r 18 years{1972 through 1990); 3,4Qa tans equal appoxim�te(y 2�0 tonsJysar oyer 17 years{1972 fhrough 199Q);and 2D,U�o tans equai a#�poxirnately 2a�tonslyear over 10 years(�979 through 1990). � The propotians af NiSW ta C&fl was�es were assumped to be 66.3 to 33.7 ��rcent by weight. Qrange regional Landfill, N©rth Car©lina . rfMtJCs NSPSICAAA Landfill Air Emissions Estimate AP-42 Combined Northern & Southern. Landfill Tract Emissions Clear Air Act - Title V Applicability Report AP-42 Landfill Gas Generation Defaults Prepared by: G. Simmerrnan Date: $/24/9$ S©urce File: : C:l1biYFILESILFGASIORANGEIORANGEAP.PRM Model Farameters La :124.91 m^3 / Mg k : 0.0400 l /yr NMOC :595.00 ppmv Methane :50.0000 % volume Carbon 1)ioxidc :50.0000 % volume Landfill Parameters Year Opened :1972 Current Year :200$ Year Closed: 200$ Capacity : i 37(1305 lvtg Average Acceptance Rate Requixed from Current Year to Closure Year :0.00 Mglyear Model Results NMOC Err~ission Rate Year Reftisc In Place {Ml;) (Mg/yr) {Cubic rn/yr) 1973 2.442E•h04 5.204E-O1 1.452E+02 1974 4.834E+04 l.(}20E+00 2.$47E+02 1975 7.326E+04 1.501E+00 4.187E+02 1976 9.76$E+04 1.952E+0(} 5.475E+02 1977 1.221E+05 2.406E+00 6.712E+02 197$ 1.465E+OS 2.832E+00 7.901E+02 1979 1.709E+05 3.241E+00 9.043E-~02 1930 1.954E+OS 3.635E+00 1.014E-'-03 19$1 2.198E+OS 4.013E+00 1.119E+03 1932 2.442E+OS 4.376E+00 1.221E+03 19$3 2.686E+05 4.724E+00 1.318E+03 1934 2.930E+OS 5.060E+00 1.412E+03 1985 3.175E+05 5.3$2E+DO 1.501E+03 1936 3.419E+05 5.691.E+DO 1.583E+03 Orange County Landfill, North Carolina August 20,1998 NSPS/CAAA )l.,andfill Air Emissions Estimate: NM4Cs 'Page ? of 4 Combined Northern & Southern Landfill Tract Emissions AP-42 Landfill Gas Generation Defaults Year Refuse In Place (ivlg} NMOC Emission Rate (i~Iglyr} {Cubic miyr) 1987 3.663E+OS 5.988E+00 1.b71E+03 1988 3.907E+OS 6.274E+00 1.750E+03 19$9 4.151. E+05 6.548E+00 1.827E+03 1990 4.396E+OS 6.812E+00 1.900E+03 1991 4.919E+05 ?.661E+00 2.137E+03 1992 5.632E+OS 8.881.E+00 2.478E+03 1993 6.208H-x-05 9.759E+00 2.722E+03 1994 6.799E+OS 1.064E+O1 2.9b7E+03 1995 7.353E+05 1.140E+01 3.180E+03 199b 7.879E+05 1.207E+O1 3.368E+03 1997 8.410E+OS 1.273E+01 3.552E+03 19913 8.964E+OS 1.341E+01 3.742E+()3 1999 9.544E+OS 1.412E+01 3.940E+03 200(} 1.012E+06 1.481E+01 4.131E+03 20U 1 1.070E+Ofi 1.546E+01 4.313E+03 2002 1.128E+06 1.609E+01 4..489E+03 2{}{}3 1.18FiE+06 1.b70E+01 4.658E+03 2004 1.244E+Ob 1.728E+01 4. $20E+03 2005 1.302E+06 1.784E+01 4976E+03 2006 1.360E+06 1.$37E~-01 5.126E+03 2007 1.370E+06 1.786E+01 4.984.E+03 2008 1.370E+06 1.716E+01 4.788E+03 2009 1.370E+06 1.649E+01 4.640E•~-03 2010 1.370.E+06 1.584E+01 4.420E+03 2011 1.370E+Ob 1.522E+01 4.247E+03 20.12 1.370H+06 1.463E+01 4.080E+03 2013 1.370E+Ob 1.405E+01 3.920E+03 2014 .1.370.0+06 1.350E+01 3.766E+03 2015 1.370E+06 1.297E+01 3.619E+03 201b 1.370E+06 1.246E+01 3.477E+03 2017 1.370E+06 1.197E+0 l 3.341E+03 201$ 1.370E+06 1.150E+01 3.210E+03 2019 1.370E+06 I .l O5E~01 3.084E+03 2020 1.374E+06 1.062E=01 2.963E+03 2021 1.370E+06 1.020E~-O1 2.847E+03 2022 1.370E+06 9.804E+00 2.735E+03 2023 1.370E+06 9.419E+40 2.628E+03 2024 1.370E+06 9.050E+00 2.525E+03 Grange County Landfill, North Carolina August 20,1998 NSPS/CAAA Landfill .Air Emissions Estimate: N1Yl(7Cs Page 3 of 4 Combined Northern & Southern Landfill Tract Emissions AP-42 Landfli Gas Generation Defaults NM~C Emission Rate Year Refizse In Place tMg) (M~Jy-r) (Cubic m/yr) 2U25 1.370E+U6 8.695E+00 2.426E+U3 2026 1.370E+06 8.354E+00 2.331E+03 2U27 I.37UE+06 8.027.E+00 2.239E+U3 2028 1.370E+06 7.712E+UU 2.151E+03 2U29 1.37UE+06 7.409E+00 2.067E+U3 203U 1.370E+Q6 7.119E+OU 1.986E+U3 2031 l .37UC+06 6.840 I1+00 1.908E+03 2032 1.370E+06 6.572E+00 1.833E+U3 2U33 1.370E+06 6.31411+00 1.761E+U3 2034 1.370E+U6 6.066E+00 1.692E+03 2035 [ .37UE+06 5.828.1/+00 1.626E+03 2()36 1.370E-+-06 5.600E+00 1.562E+03 ZU37 1.37UE+OG 5.380E+00 1.501E+03 2113 8 1.370E+0fi 5.169E+00 1.442E+03 2039 1.370E+06 4.967E+00 1.386E+03 2U4U 1.370E+{)Ei 4.772E+00 1.331E+03 2041 1.37UE+06 4.585E+UU 1.279E+03 2042 1.370E+06 4.405E+00 1.229E-~U3 2043 I.37()F.',+OEi 4.232E+OU 1.181E+03 2044 1.370E+06 4.U66E+00 I.134E+03 2045 1.37UE~-06 3.907E+OQ 1.09UE+U3 2U4'6 1.370E+06 3.754E+00 1.047E-03 2047 1.37UE+q6 3.607E+00 1.006E+03 2048 1.370E+06 3.465E+00 9.667E-~02 2049 1.370~E•+•(}6 3.329E+00 9.288E+U2 2U50 1.370E+06 3.199E-~-UO 8.924E+02 2U5I 1.370E+06 3.073E+00 8.574E+02 2052 1.370E+06 2.953E+00 .238E+02 2053 1.370E+Ob 2.837E+00 7.915E+02 2054 1.370E+06 2.726E+00 7.604E+02 2055 1.370E+U6 2.619E+00 7.306E+U2 2056 1.370E+06 2.516E+00 7.020E+02 2057 1.370E+06 2.418E+00 6,745E+U2 2058 1.370E+06 2.323E+UO 6.480E~02 2059 1.370E+06 2.232E+00 6.226E=02 2060 1.370E+06 2.144E+00 5.982E-~-02 2061 1.370E+06 2.060E+00 5.747E~02 2062 1.370E+06 1.979E+00 5.522E~02 Orange County Landfill, North Carolina August ~fl,1.99$ I~SPSICAAA Landfill Air Emissions Estimate: N?YIf3Cs ' Wage ~ °f ~' Combined Northern & Southern Landfill Tract Emissions AP-42 Landfill Gas Generation Defaults ~'iVIOC Emission Rate Year Refuse Its Place {1Vlg} (Mglyr) ~ (Cubic miyr} 2463 1.370E+06 1.902E+00 5.305E+02 2064 1.370E+06 1.827E+00 5.097E+02 . 2065 1.370E+06 1.756E+00 4.89$E+02 2066 1.370+06 1.687E+00 4.705E-02 2067 1.370E+06 1.621E+00 4.521E+02 C� _C`- ' .- J . 4 � �� ' - � �� .� �� Q �V� ' � � � � ;� � �- / � J i - CV � = V i = � �� 0 !: � �..� f M �-^i - � (� , M . T,.�{ %�" ��-• O � �' ( � � " I �' . �, ° '� � - � � � -. � � . � � � :� � 1 � � � I � _� � �! _ rl � r�1 `' •,,', � �� r� � - � �, _ � � � _�� ° � �� ,... �-- � , � -� ,' � ,� - � + o � � � �, � , � �� - � �.,, ., �, - � �� ` ,� ; � �..; TfTT�� . � � , JI`:?I i . . __�(� i .,,,a , i ''', .� .--� ,-� .-, ,--. c c> � � c� ' � � � � � � -�- � � � � W W i1 W W W W W � W t� c� c� c� � c� c� � c� � c� c> ', c� ccs ��C7 Kt; c� G? c> G �-. � c,� ' t.,j ._.� ,—. � .--, .--., CC� � �' C`7 Q ��111SS1.Cl�.S (��} ~lrange ~tegiona.i Landfiii, North Carolina , I1fMC)Cs NSPSICA.AA Landfill Air E~missians Estimate ~~ Combined l~toxtherzt ~ Southern Landfill Tract Emissions Clear Air Act - Title V Applicability Report CAA.A Landfill Gas Generation Defaults Prepared by: G. Simmerman Date: 8120138 Source File: C.1lbtYFILESILFGAS~ORANGEI(3RANGECA.PR,'V1 lvtodcl Parameters Lo :169.90 m'`3 l IVtb k :0.0500 l/yr NM(~C :4000.00 pprnv Methane :50.0000 % voliune Carbon Dio<cide :50.0000 % volume Clandfill Parameters Year Opened :1972 Current Year :2008 Year Closed: 2008 Capacity :1370305 Mg Average Acceptance Rate Required from Current Year to Ctosure Year :0.00 Mg/year 1\~fodel Results Iv~IvIOC Emission Rate Year Refuse In Place ('vtg) ~Mglyr} (Cubic m/yr) 19'73 2.442E+04 5.949E-00 1.660E+03 1974 4.884+{)4 1.161E+01 3.238E+03 1975 7.326E+04 1.699E+01 4.740E+03 1976 9.768E-04 2.211E+01 6.168E+03 1977 1.221E+OS 2.698E+01 7.527E+03 1978 1.465E+05 3.161E+01 8.819ET03 1979 1.709E+OS 3.602E+01 1.045E+04 1980 1.954E+OS 4.021E+O 1 1.122E+04 1981 2.198E+p5 4.420E+01 1.233E+04 1982 2.442E+OS 4.799E~01 1.339E+04 1983 2.686E+05 5.160E+01 1.440E-!-04 1984 2.930E+05 5.503E+01 1.535E=04 1985 3.175E+OS 5.834E+01 1.626E-04 1986 3.419+05 6.140E+01 1.713E+04 Urange County Landfill, North Carolina NSPS/CAAA Landfill .Air Emissions Estimate: NIVTOCs Combined Northern & Southern Landfill Tract Emissions Clean Air Act Landfill Gas Generation Defaults August 24, 199$ Page 2 of 4 NMOC Emissi©n Rate Fear Refuse In Place (Mg) (Mgtyr) {Cubic mlti~) 1987 3.663E+OS 6.436E+01 1.795E+04 19$8 3.907E+45 6.717E+01 1.874E+04 1989 4.151E+OS 6.984E+01 1.948E+44 1990 4.396E+OS 7.238~~+01 2.019E+04 1991 ~-.919E+45 8.160E+01 2.277E+04 1992 S.b32E+OS 9.500E+41 2.650E+44 1993 6.248E-+-45 1.044E+02 2.912E+04 1994 6.799E+OS 1.137E+02 3.172E+44 1995 7.353E+OS 1.216E+02 3.394E~04 1996 7.879E+OS 1.2$5.E+02 3.586E+04 1997 8.41 {}k;+45 1.352E+02 3.772E+04 1998 8.964E+05 1.421E+42 3.964E+04 1999 9.544E+05 1.493E+02 4.165E+04 20{)0 1.012E+06 1.561E+02 4.356E+04 2401 1.070E+06 1.627E+02 4.538E+04 2402 1.1280+06 - 1.689E+42 4.711E+44 2{}43 1.186E+06 1.747E+02 4.875E+04 2004 1.2441~1+{)6 1.844E+02 5.032);+44 2005 1.302E+06 1.857E+02 5.18UE+04 2406 1.360E+06 1.908E+02 5.322E+04 2007 1.3701:+46 1.839E+02 5.130E-04 2008 1.370E+06 1.749.E+02 - 4.879E+04 2009 1.370E+06 1.664E+02 4.641E+04 2014 1370E+06 1..583E+02 4.415E+04 2011 1.370E+Ot5 1.505E+02 4.200E+04 2412 1.370E+06 1.432E+02 3.9951:+04 2413 1.370E+06 1.362.E+02 3.800E+04 2014 1.374E+06 1.296E+42 3.615E+44 2015 1.374E+Ob 1.233E+02 3.438E+04 2416 1.374E+46 1.172.E+02 3.271E+04 2017 1.374E+46 1.115E+02 3.11 I E+04 241$ 1.370E+06 1.061E+0.2 2.960E+04 2419 1.370E+06 1.009E+02 2.815E+04 2424 1.370E+46 9.599E+01 2.678E+04 2021 1.370E+46 9.131E+O 1 2.547E+04 2422 1.370E+06 8.685E+p 1 2.423E+04 2023 1.374E+06 8.262E+O1 2.305E+04 2424 1.370E+46 7.859E+01 2.192E+04 Qrauge County Landfill, ?~torth Carolina August 2U, 1998 N'SPS/CAAA Landfill Air Emissions Estimate: i~i~iOCs Page 3 a~f 4 Combined Northern & Southern Landfill Tract Emissions Clean Air Act Landfill Gas Generation Defaults I~'MaC Emission Rate Year Refuse In Place (Mg) {IVlg/yr) {Cubic. ml~~r) 2025 1.370F,+05 7.47GE -01 2.085E-04 202G 1.370E+06 7.111E+01 1.984E~04 2027 1.370E+06 6.754E+0 l 1.887.1:+04 2028 1.370E+05 6.434E+01 1.795E+04 2029 i .370E+Q5 6.120E+01 1.707E+04 2030 1.370E+06 3.822E+01 1.624E+04 2031 1.370E+06 5.538E+01 1.545E+04 2032 1.370E+05 5.2G8E+O l 1.470E+04 243 3 1.370E+05 5.011E+01 1.398E~04 2034 1.370E+05 4:757E+01 1.330.E--04 2035 1.370E+06 4.534E+01 1.265E+04 2036 1.370E+06 4.313E+01 1.203E+04 2037 1.370E+0G 4.103E+01 1..145E+04 2038 1.370E+06' 3.903E+01 1.089E+04 2039 1.370E+05 3.712E+01 1.036E+04 2040 1.370E+06 3.531E+O 1 9.851E+03 2041 1.370.E+Oti 3.3 59E+01 9.371E+03 2442 1.370E+OCi 3.195E+0 l 8.914E+{}3 2043 l .370E+06 3.039E+0 l 8.479E+03 2044 1.370E+06 2.891E+O 1 8.066E+03 2{}45 1.370E+0G 2.750E+01 7.672E+03 2046 1.370E+06 2. G 16E+01 7.298.1:-03 2047 1.370E+Oii 2.488E-01 6.942E+03 2048 1.370E+06 2.367E+01 5.604E+03 2049 1.370E+t}fi 2.252E+41 6.282E+03 ZOSO 1.37{)E+06 2.142E+O1 5.9751;+03 205.1 1..370E+06 2.037E+01 5.684E+03 2052 1.370E+06 1.93 8E+01 5.407E+03 2053 1.370E+06 1.843E+01 5.143E=03 2054 1.370E+06 1.754E+01 4.892E-03 2055 1.370E+06 1.668E+01 4.553E=03 2055 1.370E+05 1.587E+01 4.425E+03 2057 1.370E+06 1.509E+01 4.211E+03 2058 1.370E+06 1.436E-~01 4.005E+03 2059 1.370E+06 1.355E+0 l 3.810E+03 2060 1.370E+OG 1.299E+0 l 3.524E+03 2061 1.370E+06 1.236E+0 l 3.447E+03 2052 1.370E+06 1.175E+01 3.279E+03 Urange County Landfill, North Carolina NSPS/CAAA Landfill Air Emissions Estimate: NIVIQCs Combined Northern & Southern Landfill Tract Emissions Clean Air Act Landfill. Gas Generation Defaults August 20,199$ Page 4 of 4 NMC?C Emission Rate Year Refuse In Place (1VIg) (Mgtyr) (Cubic m/yr) 2063 1.370E+06 1.118E+01 3.119E-03 2064 1.370E+06 1.064E+01 2.967E-s-03 2065 1.37011+06 1.012E+01 2.822E+03 2066 1.370E+06 9.624E+00 2.685E+43 2067 1.370E+06 9.154E+00 2.554E+03 . Ca � � � N v� Q - � - tiG = G7 = N = � - v7 �� Q 't= �1 � '� �' C� i � C...� ,' d' i =� C:7 :` •' C"�I � � i.� � � � U � _ c� * � _ � � , - � . - �+ _: h � �� . o � I � E l� � { � �� 7 � � � ��: a % I.: �N I ` - �� C5 ,I - � i �,� �== � � � � �..+�+ . _ C3� . - C31 - I� �`.""v - � � , �,,� � . � ' " � \ �n � � � �.. - � ' � ,�-+ ' _ � ' � ' = C� , r.,., ! - c� � . ... � :� i� ;: �,_;.i..-�,--�,-::;;�;. _�r_��..i_�._�.i._.I.�.._i..:.. :: ;: �r�r�i_r_��._��n-�-i;�t.-... � �1TfTf�i-�� y ; .-� `� '� `� �-' ° �' � �? ._.._, � � + + �' , � � � � � � � � c� � � c�, oc �.G� �r; c"�3 C? '�, �.,� � �,_, �—, r—, r-, CO �.0 'd- C+7. C� . I �1111551{�11� �M�� z > t Qrange R.egionai ~;and~ll, North Carolina NSPS/CA;.A-A Landfill Air Emissions Estimate Combined Northern Landfill Tract Emissions Clear Air Act - Title V Applicability Report AP-~42 Landfill Gas Generation Defaults Prepared by: G. Simmezax~an Date: 8120198 Source File: : C:1M.YFILESILFGASIQRANGE1I~rORANGAP.PR.M Model Parameters Lo :124.91 m^31 Mg k :0.0400 1/yr NMOC :595.00 ppmv Methane :50.0000 % volume Carban Dio;~ide :50.0000 % volume Landfill Parameters Year Opened :1972 Current Year :2008 Year Closed: 2008 Capacity : 7352761Vi~ Averal;e Acceptance Rate Required :from Current Year to Closure Year :0.00 Mg/year ~~Q~s AP-42 l~ladei Results NMOC Emission Rate Year Refiise Zn Place {_Mg) (M~/yT) {Cubic mlyr) 1973 2.442E+04 5.204E-01 1.452E+02 1974 4.884E+04 1.020E+00 2.847E+02 1975 7.326E+04 1.501E+00 4.187E+02 1976 9.768E+04 1.962E+00 5.475E+02 1977 1.221E+OS 2.406E+00 b.712E+02 1978 1.465E+OS 2.832E+00 7.901E+02 1979 1.749E+OS 3.2~ 1 E+00 9.043E+02 1980 1.954E+OS 3.635E+00 1.014E+03 1981 2.138E+OS 4.0I 3E+00 1.119E+03 1982 2.442E+OS 4.376E+00 1.221E+03 1983 2.686E+OS 4.724E+00 1.318E+03 1984 2.930E+OS 5.060E+00 1.~12E-~03 1985 3.175E+OS 5.382E+00 1.SO1E~03 1986 3.419E+OS 5.691E+00 1.588E--03 ~ / ! Orange Cnunty Landfill, N©rth Carolina August 24,199$ NSPS/CA.AA Landfill Air Emissions Estimate: NMOCs ~ Page 2 of ~# Northern Land~Sll Txact Emissions AP-42 Landfill Gas Genexation Defaults N.MQC Emission Rate Year R,.eftzse In Place {~Ig} {Nlglyr} {Cubic m1-~-r} 1987 3.663E+OS 5988E+QO 1.671E+03 1988 3.907E+OS 6.274E+00 1.750E+03 1989 4.151E+05 6.548E+00 1.827E+03 1990 4.39bE+OS 6.812E+00 1.900E+03 1991 4.919E+05 7.661E+00 2.137E+03 1992 5.632E+OS 8.8$1 E+00 2.478E+03 1993 6:208E+OS 9.759E+00 2.722E+03 1994 6.7990+OS 1.064E+01 2.967E+03 1995 7.353E+05 1.140E+01 3.1130E-03 1946 7.353E+05 1.095E+01 3.OSSE+03 1997 7.353E+05 1.052E+01 2.936E+03 1998 7.353E+U5 1.011E+01 2.820E+03 1999 7.353E+05 9.714E+00 2.710E+03 2000 7.353E+05 9.333E+00 2.604E+03 2001 7,353E-r{}5 8.967E+00 2.502E+03 2002 7.353E+OS 8.615E+00 2.403E+03 2003 7.353E+t)5 8.277E+00 2.309E+U3 2004 7.353E+05 7.953E+00 2.219E+03 2005 7.353E+OS 7.641E+00 2.132E+03 2006 7.353E+05 7.341E+00 2.048E+03 200'7 7.353E+OS 7.053E+00 1.968E+03 2008 7.353E+05 6.777E±00 1.891E+03 2009 7.353E+OS 6.511E+00 1. S 17E+03 2010 7.353E+OS 6.256E+00 1.745E+03 2011 7.353E+05 6.011E+00 1.677E+03 2012 7.353E+OS 5.775E+00 ,1.611E+03 2Q13 7.353E+OS 5.548E+00 1.548E+03 2014 7.353E+05 5.331E+00 1.487E+03 2015 7.353E+OS 5.122E+00 1.429E+03 2016. 7.353E+OS 4.921E+00 1.373E+03 2017 7.353E+05 4.728E+00 1.319E+03 2018 7.353E+QS 4.543E+00 1.267E+03 2019 7.353E+05 4.365E+00 1.218E+03 2020 7.353E+OS 4.193E+0() 1.170E+03 2021 7.353E+OS 4.029E+00 1.124E-03 2022 7.353E+OS 3.871E±00 1.080E+03 2023 7.353E+45 3.719E+00 1.038E~03 2024 7.353E+OS 3.573E+00 9.969E+02 Orange County Landfill, North Carolina August 20, 1998 NSPSlCAAA Landfill Air Emissions Estimate: Ni~YOCs Wage ~ of A Northern Landfill Tract Emissions AF-42 Landfill Gas Generation Defaults NIviOC Emission Rate Year Refizse In Flace {M~) (IVig/ti-r) (Cubic mly~r} 2025 7.353E+05 3.433E+00 9.578E+02 2026 7.353E+OS 3.299E+00 9.203E+02 2027 7.353E+OS 3.169E+00 8.842E+02 2028 7.353E+05 3.045E+00 8.495E~02 2029 7.3531:+OS 2.926F;+00 8.162E-02 203() 7.353E+OS 2.811E+00 7.842E+02 2031 7.353E+OS 2.701E+00 7.535E+02 2032 7.353E+OS 2.595E+00 7.239E+02 2033 7.353E+OS 2.493E+00 6.955E+02 2034 7.353E+05 2.395E+00 6.683E+02 203 5 7.3 S3 E+OS 2.3 (} 1 E-=00 6.421E+02 2036 7.353E+OS 2.211E+00 6.169E+02 2037 7.353E+OS 2.124E+00 5.927E+02 2038 7.353E+OS 2.041E+00 5.694E+02 2039 7.353E+OS .1.961E+00 5.471E+02 2040 7.353E+4}5 1.884E+00 5.257E+02 2041 7.353E+OS 1.810E+00 5.051E+02 2042 7.353E+05 1.739E+00 4.853E+02 2043 7.353.E+OS 1.67I~E+00 4.662E+02 2044 7.353E+OS 1.606E+00 4.479E+02 2045 7.353.E+OS 1.543E+OU 4,304E+02 2046 7.353E+OS 1.482E+00 4.135E+02 2047 7.353E+OS 1.424E+00 3.973E+02 2048 7.353E+05 1.368E+00 3.817E+02 2049 7.353E+OS 1.315E+00 3.667E+02 2050 7.353E+05 1.263E+00 3.524E+02 2051 7.353E+05 1.214E+00 3.385E+02 2052 7.353E+05 1.166E+00 3.253E+02 2053 7.353E+OS 1.120E+p0 3.125E+02 2054 7.353E+OS 1.476E+00 3.003E+02 2055 7.353E+OS 1.034E+00 2.885E+02 2056 7.353E+OS 9.935E-01 2.772E+02 2057 7.353E+OS 9.546E-41 2.663E+02 205$ 7.353E+OS 9.172E-01 2.559E+02 2059 7.353E+OS 8.812E-01 2.458E+02 2060 7.353E+OS 8.466E-01 2.362E+02 2061 7.353E+OS 8.134E-01 2.269E+02 2062 7353E+05 7.8I SE-O1 2.1$0E+02 Orange County Lanci~ll, North Carolina August 20,199$ NSPS/CAAA Landfill Air Emissions Estimate: ~T'VIOCs 'Page 4 of 4 Northern Landfiill. 'exact Exnissians AP-~2 Landfill Gas Generation Defaults BMOC Emission Rate Year Refuse Tn Place {Mg} {Mg/y~r} (Cubic mli~x) 2063 7.353E+OS 7.549E-O1 2.495E+42 2064 7.353E+OS 7.215E-01 2.413E+02 2465 7.353E+OS 6.932E-01 1.934E=42 20b6 7.353E+OS 6.660E-41 1.858E+42 2467 7.353E+OS 6.399E-41 1.785E+42 C'� � �J� . � � � �4 - O — � . � i—. Q __ `4N'�. � _� — ,Nn .�" c� = v �= b- � r� - � �3 - m '�++ �` � � � '— c�*� C� • r"r �� 1 � %� ' N � '� s::. C7 . �..� —� � �� _ p Q� , �= � � . � `�.✓ '�-- � _: � ! � :.. � li `- � I � v� = G7 - O - c�r i -- c..a � _'. c� ".� ,..., 'i:_ r; i cL�► =-� ,�� = 4 I, � ----- --------- � ` � --- , � ,, � � .�--�+i ,—, � � � ' �� -. ,,,.., `--.. �n ' - C~- I —C'� _ _ r.:, = c._a ! ,�; i I . ��;T� •.�_?._..._,..��.�.i...�..�.��' ch ��T� �` , � � ' .—. � �, G c� �, r� Q c� c� � c� ', `� � -r � � -G- � �' � ��+- � � �+ W � �:+ C.za W ;z; W L`� �; G�-1 , p "�cJ � � c� ..^_. O c� c� O � � C� ', ty ,--� C? �7 C? O G? �? C> J t=? O �? � ,—+ .--. G'ti CA C`"� tiJ t�h `�' M N �-' C� �n�.1sS�onS �l��I�} Orange Regional Landfill, North Carolina - ~fMUCs NSPS/CAA.A Landfill Air Emissions Estirnat~ CA.A.A Northern Landfill Tract Emissions Clear Air Act - Title ~ Applicability Report CAAA Landfill Gas Genez'ation Defaults Prepared by: G. Simmarman Date: 8124/9$ Source File: C:1IV1YFiLES1LFGASIORANGE1NO1tAi'vGCA.PP.M IYlodel Parameters Lo :169.90 m^3 / lvfg lc :0.05,00 llyr NMOC :4000.00 ppmv .Methane :50.0000 % volume Carhon Dioxiclo :50.0000 % volume Landfill Parameters Year Opened :1972 Current Year :2008 Year Closed; 2008 Capacity :735276 Mg Averal;e Acceptance Rate Required from Current Year to Closure Year :0.00 IV11;lyear Model Results NMOC Emission l~.ate Fear Refuse In Place {M ;) {Ml;/yr} (Cubic rnlyr) 1973 2.442E+04 5.949E+00 1.660E+03 1974 4.8841+04 1.16IE~-01 3.238E+03 1975 7.326E+04 1.699E+01 4.740E•+-03 1976 9.768E+04 2.211E+01 6.168E±03 1977 1.221E+OS 2.698E+0 I 7.327E+03 1978 1.465E+OS 3.161E+01 8.819E+03 1979 1.709E+OS 3.602E+0 l 1..005E+04 1980 1.954E+05 4.021E+01 1.122E=04 1983 2.198E+OS 4.42pE+O1 1.233E+04 19$2 2.442E+OS 4.799E+01 1.339E+04 1983 2.686E+OS 5.160E+01 1.40E+04 1984 2.930E+,Q5 5.503-01 1.535E+04 19$5 3.175E+05 5.83 +O1 E 1.~i26E+04 1986 3.419E+OS +01 6.14 1.713E+04 Qrange County La.udfill, Nortl- Carolina August 2{l,1<99$ NSPS/CAAA Landfill Air Emissions IJstimate: NIYIOCs Page 2 of4 Northern Landfill Tract Emissions Clean Air Act Landfill Gas Generation Defaults NIvIOC Emissi©n Rate Year Refuse In Place {l~ig} {lblg/y-r} {Cubic m/y~r) 1987 3.663E+OS 6.436E+01 1.795E+04 1988 3.907E+45 6.717E+01 1.874E+04 1989 4.151E+OS 6.984E+O1 1.948E+04 1990 4.396E+OS 7.238E+01 2.019E+04 1991 4.919E+05 8.160E+01 2.277E+04 1992 5.632E+05 9.500E+01 2.650E+04 1993 6.208E+05 1.044.E+02 2.912E+04 1994 6.799E+05 1.137E+02 3.172E+04 1995 7.353E+OS 1.216E+02 3.394E+04 1996. 7.35311+{)5 1.157E+02 3228E+04 1997 7.353E+OS I.IOlE+02 3.071E+04 1998 7.353E~+t)S 1.047E+02 2.921E-04 1999 7.3530+OS 9.959E+O1 2.778E+04 2000 7.353E+05 9.473E+O1 2.643E+04 2001 7.3 53E+05 9.011E+01 2.514E+04 2{}{)2 7.353E+OS 8.572E+01 2.391E+04 2003 7.353E+OS 8.154E~-Ol 2.275E+04 2{}04 7.353E+05 7.756E+01 2.164E+04 2005 7.353E+05 7378E+01 2.058E+04 20{)6 7.353F:+OS 7.018E+01 1.958E+04 2007 7.353E+OS 6.676E+01 1.8621:-1-04 2008 73531;+{.)5 6.350E+O1 1.772E+04 2009 7.353E+OS 6.041E+01 1.685E+04 2010 7.353.E+OS 5.746E+01 1.603E+04 2011 7.353E+OS 5.466E+01 1.525E+04 2012 7:353.0+OS 5.199E+01 1.450E+04 2013 7.353E+05 4.946E-1-01 1.380E+04 2014 7.353E+0_S 4.704E+OI 1.312E+04 2015 7.353E+05 4.475E+01 1.248E+04 2016 7.353E+OS 4.257E+O1 1..188E+04 2017. 7.353E+05 4.049E-01 1.130E+04 201$ 7.353E±05 3.852E x-01 1.075E+04 2019 7.353E+05 3.664E-01 1.022E+04 2020 7.353E+OS 3.485E+01 9.723E+03 2021 7.353E+OS 3.315E=01 9.249E+03 2022 7.353E+OS 3.153E+01 8.798E+03 2023 7.353E+OS 3.000E-01 8.368E+03 2024 7.353E+OS 2.853E -O 1 7.960E+03 Orange Coanty Landfill, North Carolina August 20,1998 NSPS/CAAA Landfill Air Emissions Estimate: jt=VlClCs Page 3ctf 4 Northern Landfill Tract Emissions Clean Air Act Landfill Gas Generation Defaults lv~.vl(~C Emission Rate Year Refuse In Place (Mg} (1VIg!y~r) (Cubic m/yr} 2025 7.353E+05 .2.714E+01 7.572E+03 2026 7.353E+OS 2.582E+01 7.203E+03 2027 7.353E+05 2.456:E+01 G.852E+03 2028 7.353.E+OS 2.336E+01 6.517E+03 2029 7.353E+OS 2.222E+01 6.200E+03 2030 7.353E+OS 2.114E+01 5.897E+03 203 ] 7.353E+OS 2.011E+01 5.610E+03 2032 7.353E+OS 1.913E+01 5.336E+03 2033 7.353E+OS 1.819E+01 5.076E+03 2034. 7.353E+OS 1.731E+0 l 4.828E+03 2035 7.353E+05 1.646E+01 4.593E+03 2036 7.353E+OS 1.566E+0'( 4.369E+03 2437 7.353E+05 1.490E+01 4.156E+03 2038 7.353E+OS 1.417E+01 3.953.E+03 2039 7.353E+05 1.348E+01 3.760E+03 2040 7.353E+OS 1.282E+01 3.577E+03 2{141 7.353E+05 1.220E+01 3.402E+03 2042 7.353E+05 1.160E+O1 3.236E+03 2043 7.353E+45 1.104E+01 3.079E+03 2044 7.353E+OS 1.050E+01 2.928E+03 2045 7.353E+05 9.98SE+UO 2.786E+03 2046 7.353E+OS 9.498E+00 2.650E+03 2047 7.353E+OS 9.035E+00 2.521E+03 2048 7.353E+OS 8.594E+00 2.398E+03 2049 7.353E+05 8.175E+00 2.281E+03 2050 7.353E+OS 7.776E+00 2.169E+03 2051 7.353E+05 7.397E+00 2.064E+03 2052 7.353E+05 7.036E+00 1.963E+03 2053 7.353E+05 6.693E-00 1.867E+03 2054 7.353E+05 6.367E+00 1.776E+03 2055 7.353E+OS 6.056E+00 1.690E+03 2056 7.353E+OS 5.761E+00 1.607E+03 2057 7.353E+05 5.480E+00 1.529E+03 2058 7.353E+05 5.213E+00 1.454E+03 2059 ~ 7.353E+OS 4.955E+00 1.3$3E+03 2060 7.353E+05 4.717E+00 1.316E+03 2061 7.353E+OS 4.487E+00 1.252E+03 2062 7.353E+OS 4.265E+00 1.191E+03 Orange County Landfill, Nortlx Carolina August 24, 1.998 NSPSICAAA Landfill Air Emissions Estimate: NMOCs Page 4 of 4 Northern Landfill Tract Emissions Clean Air Act Landfill. Gas Generation Defaults NNIOC Emission Rate Year Refuse In Place (Ivlg} (Mg/y-r~ (Cubic mlyr} 2063 7.353E+OS 4.060E+00 1.133E+03 2064 7.353E+05 3.862E+00 1.C}77E+03 2065 7.353E+05 3.673E+00 1.025E+03 206E 7.353E+05 3.494E+00 9.748E+02 2067 7.353E+OS 3.324E+00 9.273E+02 . � G7 C�- = c� - C�1 j � � � —� i G i ( �: Q ! � � - ll7 —� – N c� . �n c� . � v-s _ � – � c� 'd' G �' C�l - �r� � � ?-**i ', � :_ � t� = c*� . ,e{ ;! ! c� LI� , . � , I 4 r—i �, " �� CC� � � � � �i � ._-, � � :- � � o �7 'I �"�` °�, r� �� o � , _.4 � � � . � . - -�i--�a - - tT G...� --- __ _ .—, _ _ c.� - - - � ---- - - c�1 . ------� � � �� . i— .—i �.rr � ' RI`� ., �. i � ~'� i_ � F- ' � ,�� ;- C..� ,., i- � I � '�,, . ``�......� �. � i � �.:_ I.'" 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