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HomeMy WebLinkAboutAgenda - 10-04-2011 - 8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 2011 Action Agenda Item No. ~ - (~ SUBJECT: Rogers Road Area Mitigation Options And Landfill Closure Impacts DEPARTMENT: County Manager PUBLIC HEARING: (YIN) No ATTACHMENT(S): INF-ORMATION CONTACT: 1) Map -Rogers-Road Historic Area - Frank Clifton, County Manager, 245- Main Structures Before 1972 2300 2) August 17, 1999 Agreement for Solid Michael Talbert, Interim Assistant Waste Management County Manager, 245-2153 3) May 17, 2011 Recommended Actions John Roberts, County Attorney, 245- Dacumentfrom Rogers Road 2318 Community 4) Tables -Estimated Costs to Provide Public Water for Three Areas in Rogers Road Vicinity 5) Map - OWASA Water Service in the Rogers Road Vicinity 6) September 20, 2011 County Attorney Memorandum Regarding Landfill Post- Closure Costs and Liability 7) Proposed Solution for Solid Waste Illegal Dump Sites Proposal and Map 8) MSW Landfill Expansion Capacity Proposal 9) MSW Landfill Closure and Post- Closure Cost Estimate 10) C&D Landfill Closure and Post- Closure Cost Estimate 11) Solid Waste -Calculation of Fund/Reserve Balance -June 30, 2011 PURPOSE: To receive from County staff (based on previous Board direction) a comprehensive response to requests for the County to design and implement a mitigation plan to address impacts perceived to have been created by the proximity of the Orange County Landfill in relation to the historic Rogers Road Area- (Attachment 1); to address specific requests made by representatives of the Rogers Road community; and to highlight other critical matters that relate to how the County, the Orange Water and Sewer Authority (OWASA) and the Towns of Chapel Hill and Carrboro might be involved in a comprehensive solution-oriented approach. 2 BACKGROUND: Orange County assumed operational control of solid was#e disposal functions as the result of an August 17, 1999 agreement between the Towns and County (Attachment 2). The location of the landfill and its operations were well established at the time the agreement was consummated. (Elements of the agreement are discussed further its this abstract.) Over many years, residents representing the Rogers Road area complained of various operational elements associated with the landfill. The County and Towns did come together to act upon some of those requests. Those actions included: improved landfill operations, extension of public water lines and limited transit service extensions into the surrounding neighborhood. Improvements fell short of a comprehensive response to the issues raised by the community, but were positive steps taken to address-some more common complaints. At the May 17, 2011 regular meeting of the Board of Commissioners, representatives of the Rogers Road Community presented a list of "Recommended Actions to Mitigate the Long and Short Term Impacts of Orange County's Landfill and Solid Waste Operations on the Health, Safety and Welfare of the Historic Rogers Road -Eubanks Road Community" (Attachment 3). The Board of Commissioners directed staff to pursue a response to that request. This report is ar--. attempt to address a complicated set of issues in a comprehensive manner, and give each item detail, recognizing financial, political and legal constraints on the County impede actions fully in line with all of the requests from the community. The County as the landfill operator does assume a prioritized role in the process, but the Towns and OWASA also have direct involvement. The following summary addresses a number of critical aspects, each important to a final resolution of these matters. May 17, 2011 Recommended Actions (Rogers/Eubank Roads) Reguest/Response WATER SERVICES -The Towns, OWASA and County have conducted a thorough analysis of the Rogers Road area, developing `estimated' costs for providing public water services to the historic Rogers Road community and an isolated area of homes west of Rogers Road located within the town limits of Carrboro (Fox Meadow vicinity). Those estimates are contained in Tables 1,2 and 3 (Attachment 4) and include `all' costs associated with extending public water lines and individual service to the `property line' of each parcel inclusive of connection, availability and meter charges collected by OWASA. Property owners would be responsible for extending water lines from the property line to individual structures. Maps highlighting the areas where water lines exist and need to be extended are provided at Attachment 5. The estimated cost for provision of water services totals $4,077,587. The Towns and County Staffs/Attorneys agree (at this point) that funding these costs from landfill operational revenues is consistent with past actions and is applicable wifh environmental concerns (now or future) that may be linked to the location of the landfill. The financial impact of using landfill revenues is addressed later in this abstract. SEWER SERVICES -Town Staffs/Attorneys conclude that the use of landfill revenues to address the extension of sewer service to the Rogers/Eubanks Road community is not consistent with North Carolina General Statutes and would subject the local governments to legal challenges and potentially substantial liability. Unfortunately, the County must agree with that position. If the County and Towns were to proceed, a third party could challenge the 3 legality of the action; or if the County were to proceed without agreement of the Towns, one or more Towns might pursue legal action against the County. (Attachment 6) Since this issue was determined to be one of potential conflict between the County and Towns, a full financial estimate of providing sewer services was not pursued. Earlier estimates placed those costs in the $3-4 million range and did not include the Fox Meadow vicinity. ILLEGAL DUMP SITES -Within the general area of the landfill, there are reportedly several individual `illegal' dump sites either used by individual property owners or the general public to `illegally' dispose of refuse (all types) rather than use the Eubanks Road Convenience Center. (This is not an issue isolated to the Rogers/Eubanks Road area within Orange County.) To address this issue County Staff has developed a proposed `one-time' effort to clean up sites within three-fourths of one mile of the landfill boundary at no cost to individual property owners. Details of this proposal and a map of the area are provided (Attachment 7). Signage and enforcement -efforts to prohibit further illegal dumping can be incorporated into an operations plan for the landfill and, along with the clean-up proposed, be addressed via landfill tipping fee revenues. Some landowners and residents of the area have a historic practice of using burn piles to dispose of their individual refuse. There is a pending enforcement case at this time. After any publicly funded clean-up of these sites is complete, strict enforcement procedures would be standard practice. COMMUNITY AND CULTURAL CENTER -This is a request from the Rogers/Eubanks Road community that would not be a proper expense utilizing landfill revenues. This request can be addressed by the County or Towns via other non restricted governmental revenues similar to how local governments now support other non-profit agencies within Orange County. However, for this report no action is proposed. TAX ABATEMENT PROGRAa1NS -Nothing within existing North Carolina law would allow a reduction or abatement of taxes as proposed or requested by the Rogers/Eubanks Road group. There are voluntary programs that could be pursued that might impact the taxation of individual properties. Each of those programs requires specific criteria to be met. Further research of available alternatives can be pursued by individuals with the assistance of the County Tax Administrator. LANDFILL OPERATIONAL ACTIVITY MITIGATION -County staff is pursuing various aspects of those items detailed in the request. Odor control Efforts are being pursued both on a short-term and long-term basis. Odor masking agents are being evaluated for use and the UNC Methane Gas project should act to reduce odor emissions once in operation. A barrier wall concept is not a feasible option. However, fencing gaps are being addressed and additional planting materials will be placed along the landfill fence lines to further increase vegetation shielding. A closure plan and post closure activities should address this issue in more detail. The request for speed bumps will be directed to North Carolina Department of Transportation (NCDOT) via the .County and Towns as may be appropriate based upon jurisdictional authority. COUNTY ADVOCACY WITH THE TOWNS - Expanded communication between the neighborhood and the Towns and County could be beneficial. However, jurisdictional and political boundaries do place independent authority and responsibility with corresponding local governments. The neighborhood has been split by agreement between the two towns. It is unlikely that situation will change. Carrboro has acted to annex area west of Rogers Road. The area east of Rogers Road is within the Chapel Hill planning boundary subject to annexation at some point in the future. Political leadership within the Towns and County should ultimately resolve a coordinated and collat~orative response if it is to occur. The community needs to continue to interact with fhat political leadership in seeking resolution to its concerns. LANDFILL LIFESPAN, CLOSURE AND POST CLOSURE -The expenditures outlined within this abstract that address the concerns raised revenues (Water, Dump Sites and Operational Improvements) are dependent to a large part upon the availability of landfill for funding. A proposal to the State of North Carolina to allow modification to the steepness of landfill slopes (Attachment 8) which would increase the useful ,life of the landfill has yet to be pursued. If tf~at- proposal- is not sought or approved, the landfill is projected to close in the spring of 2013. If it is approved the landfill use can be extended up to 2017 (possibly longer) at the `exclusive' option of the Board of Commissioners. There is a call among area residents and others to close the landfill as soon as possible. Doing so limits the availability of landfill tipping fee revenues to fund the requested improvements. There is also the inherited liability the County assumed in taking ownership of the Municipal Solid Waste (MSW) landfill for closure and post closure costs. Closure costs and post closure costs are currently estimated at $7,941,275 (Attachment 9). Closure and post closure costs for the Construction and Demolition (C&D) landfill are estimated at $4,025,326 (Attachment 10). The C&D landfill will continue to operate several years after the MSW landfill closes. It is located north of Eubanks Road where the solid waste maintenance and operational center is sited. The Greene Tract is a 164-acre parcel owned jointly by Chapel Hill, Carrboro and Orange County. An Interlocal Agreement from 1999, and amended in 2000, provides guidance for the division of the property. A Greene Tract Work Group that included representatives from all the parties to the Interlocal Agreement met in 2001 and discussed proposed uses of affordable housing, open space and recreation space. Chapel Hill, Carrboro and Orange County adopted resolutions supporting three basic uses in concept: 18.1 acres on the northwest portion of the site adjacent to the Purefoy Road neighborhood would be reserved for Affordable Housing 85.9 acres would be reserved for open space 60 acres has been conveyed to Orange County for solid waste management purposes. The County and Towns are entering the fourth year (FY 2011/12) of a five-year payback plan to reimburse the Solid Waste Enterprise Fund for 104 acres of the Greene Tract. The 104 acres of the Greene Tract are no longer considered a Solid Waste asset, and there has been considerable discussion concerning the best use of that acreage. The final use of this jointly owned asset will be determinEd collectively by Chapel Hill, Carrboro and Orange County. The Solid Waste Enterprise Fund retains 60 acres as a valuable asset that could be utilized to help satisfy the future closure and post closure liability. County -Financial Staff is in the process _of analyzing the reserves within the Solid Waste Enterprise -Fund available for closure/post closure costs of the MSW landfill, along with any commitments to Rogers/Eubanks Road mitigation efforts detailed above and ultimate responsibilities for the C&D closure and post closure expenses. Reserve funding does exist within the Solid Waste Enterprise Fund. It is not sufficient to address all of the items defined above "without" and- extension in the life of the MSW landfill AND increases in the tipping fees charged at the landfill. As of June 30, 2011 the total Solid Waste Fund reserves are $12,941,905 which includes funds needed for closure costs and post closure costs of both. the MSW ($7,941,275) and t11e Construction and Demolition (C&D) landfill ($4,025,326). Other current and long term liabilities, including capital lease and debt -obligations, post employee health care obligations, and compensated absences all have to be taken into account to calculate available reserves. The Solid Waste enterprise fund, without the considering the sale of any assets, is $4,073,276 short of meeting all long-term liabilities as of June 30, 2011 (Attachment 11). A Reminder -Once the MSW landfill ceases operation, "no" revenue stream associated with household solid waste disposal will exist. There is no provision for a County operated solid waste collection point (transfer station) in Orange County, and municipal solid waste will be transported elsewhere by the Towns, County and others involved in waste collection. The County would cease to be directly involved with MSW disposal activities except its own waste stream. The summation under FINANCIAL IMPACT below provides various considerations that need to be acknowledged in any final decision. The current landfill agreement (Attachment 2) does not require any future liability for the Towns with regards to the landfill once it closes. The County under current law is required to maintain `full' responsibility for the landfill's environmental impacts for a period of not less than thirty years after closure. (If problems were to occur in later years, as long as the County owns the landfill site, it would retain any financial obligations associated with that effort.) All financial estimates of post-closure costs are- based upon current federal and state environmental standards that could change pending new science or evaluations that might occur within the thirty year post closure time frame. IMPORTANT TO THESE DISCUSSIONS -- While the County is restricted in how it may use Solid Waste Enterprise Funds to address the Rogers/Eubanks Road community mitigation issues (sewer, in particular), that same limitation does not apply to the Towns. 6 The Towns maintain (justifiably) that Solid Waste Enterprise Funds `must' by law be used in connection to mitigation issues having linkage to the landfill location. The County and Towns adopted a well repair/replacement program funded with solid waste enterprise revenues. There is consensus that public water service extension does extend to a landfill related environmental concern. It is difficult to find an environmental link between the landfill and failing individual septic tanks in the Rogers/Eubanks Road area. No scientific study has been pursued on this issue due to the unlikeliness of linking the landfill's location to septic tank failures. The County is restricted in how it may use landf-ill revenues (Enterprise Funds). The Towns use their individual General -Funds to expense out residential solid waste collection programs. The Towns do not charge separately for household solid waste collection. It is a service the Towns provide via- the municipal tax rate and other local revenues. The landfill tipping-fees paid to the County by the Towns are Town General Fund expenditures. Thus, the Towns have greater funding latitude accordingly. The longer the current County operated landfill stays open, the longer the Towns can defer the added_expense of transporting their collected MSW to another location (Durham or elsewhere). Estimates of that savings do not appear in any calculation of the County's closure/post closure costs. More recent estimates put the annual savings to Chapel Hill at -about $350,000-$400,000 and at $100,000-$150,000 annually for Carrboro. (Changes to equipment and other efficiency efforts would impact these estimates) FINANCIAL IMPACT: The County is restricted in its use of the Solid Waste Enterprise Fund revenues or reserves. Per previously noted estimates, closure/post closure expense is estimated at $7,941,275 (update analysis is being pursued). The Water Service extension proposal outlined earlier is estimated to cost $4,077,587. The Dump Sites clean-up proposal has an estimated cost of $50,000 without verification of the number of sites within a 3/ mile range of the landfill. MSW Landfill Enterprise Reserve Funding is $7,403,190 as of June 30, 2011. The current landfill agreement between the County and Towns limits the County's ability to raise tipping fees to a 10% annual adjustment with a 60 days written notice. Currently, the base landfill tipping fee is $57 per ton. The County will need to increase tipping fees according to the direction taken in addressing the items outlined above. The lifecycle of the landfill (remaining months of operation) will dictate anticipated revenues, assuming the volume of waste remains consistent as tipping fees rise. RECOMMENDATION(S): The Manager recommends that the Board: 1. Direct staff to initiate the Water Service improvements as outlined. Further refinement of those estimates, engineering and construction would be scheduled accordingly and Solid Waste Enterprise Funds be the source of funding for these projects. The Board of Commissioners would approve each project and OWASA would be the contract administrator. 2. Authorize the Dump Sites clean-up program as proposed. Solid Waste Enterprise Funds would be the source of funding for this effort. Solid Waste Staff will oversee the work and monitor the contractors authorized to perform to activities. 3. Recognize and authorize appropriate annual increases in the MSW tipping fee. Increases will occur in accordance with financial projections that support the proposals outlined above and closure and post closure financial obligations. The current agreement allows a 10% annual increase. The current rate is $57 per ton MSW. 4. Select an appropria#e closing date for the landfill as a functioning operation. The estimated closure dates as proposed in the attachments and discussed earlier in ~thas abstract are approxima#e in nature. As the landfill ages solid waste compresses with time. An exact date the landfill will reach permitted capacity is a variable. The Board has the option fo extend the life of the landfill and add available funds- for the proposals outlined above along with- securing reserves for closure and post closure actions. County staff has not yet sought a permit extension, and the landfill is scheduled to close in the spring 2013. If the Board chooses to extend the life of the landfill, it will need to direct staff to file the appropriate permit applications. 5. Encourage the Towns through conversations with elected leadership to become more involved in the future of the Rogers/Eubank Road neighborhood. The improvements not eligible for funding via the Solid Waste Enterprise Fund (Sewer, community development activities, etc.) can be addressed via other revenues sources. The longer the landfill stays open the greater savings the Towns experience in waste transportation costs to a MSW landfill or transfer station elsewhere. The Towns and County could jointly address these issues collectively to lessen the financial burden upon any one government. 6. Convene a meeting with the Towns to discuss the future of MSW in Orange County. There has been a limited municipal response to taking future MSW to the City of Durham's MSW transfer station. Alternative MSW disposal options being pursued by the Towns thus far have not produced viable results. Anew interlocal agreement is necessary to address both future MSW disposal and closure, and post-closure costs and liability. Summary Prior efforts by the County and Towns did not fully address the locational impacts of the landfill upon the neighborhood after the original site decision was made. Moving forward requites a dedication by the Towns and County (together) to act appropriately in bringing some finality to these issues. Not all of the requests made by the Rogers/Eubanks. Road neighborhood exist because of the landfill, but many are a direct result of its location and operation. The MSW landfill may close in the next few years, but the C&D landfill operations will continue for many -years to come and those impacts will be ongoing. Orange County Landfill Area (Eubanks Road) -Rogers Road Historic Area (2007) Main Structures Built Before 1972 ATTACHMENT 2 9 AUGUST l 7 r, 19 9 9 .. :. BD.A.RD APPROVED Y •, f C~EA~T ~o Agreement far Solid Waste Management To establish a comprehensive approach to solid waste management. issues, and in consideration of the promises made to one another in this Agreement, Orange County and the Towns of Carrboro,'Chapel Hill and Hillsborough hereby agree-as follows: , 1. The County will assume solid waste management responsibility as follows: Operate the System. The County will operate the System far the benefit of the County, the Towns and the persons and .organizations. within their jurisdictions. Tile County will establish and enforce reasonable rules and regulations governing the operation ,and use of the System, operate the System in an efficient and economical manner and maintain the properties constituting the,,System in good xeps.ir__and in sound operating condition. ~~~ S Provide solid ~raste dist~osal facilities: The County will provide System Management Facilities suitable for :the disposition of Solid Waste •by the County, the Towns and the ;persons and organizations within their jp.risdietions. The existing- landfill, as well as any successor System Management Facility, will.be designated to accept solid waste generated exclusively by residents, businesses and institutions located in Orange County and that portion of Chapel Bill located within Durham County, North Carolina. Determine policy. The County will have the ongoing authority and responsibility in, its discretion (1) to administer__.anrl. operate the System in accordance with the Solid Waste Management Plan and Policies and (2) to determine and' modify the Solid Waste Management Plan and Policies from time to time.'The Parties affirm on the date of this Agreement their commitment to the solid waste reduction goals set out in the Integrated Solid Waste Management Plan. The County agrees to consult with the other Parties and the Advisory Board, frequently and consistently, to determine their views on the Solid Waste Management Flan and~Policies and possible changes thereto. Take on• employees. All of the System Employees will be transferred to the County and become County employees subject to the sugervi.sion of the County Manager in the same fashion as other County employees, The Parties acknowledge that it is an important objective of this Agreement that the current total compensation package for System Employees be maintained at a substantially equivalent level through their transfer to the County, although the combination of salary and benefits for any employee may change. The Parties recognize that all components of compensation to System Employees after the transfer will be subject to changes in salaries and benefits in the same fashion as 1 11 other County employees. The County and Chapel Hill will develop a detailed schedule comparing the total pre-tra~.sfer and post-transfer compensation for each System Employee. Chapel Hill will send a copy of the completed schedule to Carrboro. Acquire Svstem assets. The County will acquire alI right, title and interest to all Existing. System Assets.. Title to the Greene Tract, however, shall not be conveyed to the County pursuant to this paragraph; Part 5 is and shall be the only portion of this Agreement affecting the state of the title t-o.the Greene Tract. Assume System liabilities. The County will assume all liabilities, including environmental liabilities, related .to the ownership of the System, including, to the extent permitted by law, all liabilities related to the ownership of Existing Sp-stem Assets which have accrued or which may accrue prior to the Transfer Date. The Parties, however, shall retain their individual liability, if any, under environmental laws and otHerwise, related to their respective use o~ the System •both-before and after the Transfer Date (as, for example, any liability arising £rom their delivering, or causing to be delivered, Solid Waste to System Management Facilities). The Parties acknowledge that the County's assumption of liabilities as described in the preceding paragraph shall not limit, and is not intended to limit, the ability of any governmental authority to impose, or to seek to impose, environmental -or other liability directly on a Party (as, for example, any liability accruing to the current owners of the Existing System Assets as a result of their status as. owners prior to the Transf er Date). The County will not -assume, and by this Agreement does not assume, any indebtedness of Carrboro or Chapel Hill. - Acquire property. The County shall acquire, real and personal property as it deems appropriate for System purposes. There shall be no restrictions on the County's acquisition of additional acreage at the existing landfill. The County states its current. intention not to acquire, and its recommendation that future County Governing Boards not acquire, any of the properties ]o7.own as the Blackwood and Nunn properties for System purposes. Provide for compliance with law. The County will comply, or cause there to be compliance, with all applicable laws, orders, rules, regulations and requirements of any governmental authority relating to the System. The County will also be generally responsible for solid waste reporting, planning, regulatory compliance and similar matters. Nothing in this Agreement, however, shall prevent the County from contesting in good faith the applicability or validity of any such law br other requirement, so long as the County's failure to comply with the same during the period of such contest will not materially impair the System's operation or revenue-producing capability. 2 12 -2+iaka ret~arts. The County will make, or cause to be made, any reports or audits relating to the System as may be .required by law. The County, as often as may reasonably be requested, will furnish such other information as the County may have reasonably available concerning the System or its operation as the Advisory Board or any Party may reasonably request. The County, which the parties have designated as a local lead agency! and the Towns will cooperate in preparing-and submitting any reports or solid waste plans that a Party may be required to file with governmental authoriti-es, such as the Stator's Eaivision of Waste Management. Apurove budget. The County will approve the I999-2000 System operating budget together with Chapel Hill. Effective date. The County will assume solid waste management responsibility the day following the effective date of the zoning of the property described in Exhibit £ which cgaltes solid waste management uses, not including burial of mixed solidi waste ar construction and demolition waste, a permitted use under 'the Chapel Hill Development Code~Ordinance, as provided in Part 5 of this Agreement, so. long as that date is at least 1B0 days after they execution and delivery of this Agreement by the current owners of the System and so long as the Greene Tract owners Piave agreed on the boundaries of the property described in Exhibit E. The date the County assumes solid waste management responsibility is the effective date of this Agreement. Provided, however, the effective date of this Agreement will be January Z, 2000 so long as this Agreement is executed by and delivered to the current owners of the System on or before September 7, 1999, the zoning change described above and in Part 5 of this Agreement is adopted by the Town of Chapel Hill on or before January Z, 2000 and is effective on ar before January 1, 2000 and the Greene Tract Owners have, on or before January .l, 2.000, agreed on the boundaries of the property described in Exhibit E. The Parties shall .take actions provided far in this Agreement, ar which may otherwise be necessary or appropriate, in a timely fashion to permit the County's assumption of solid waste responsibility on the effective date. 2. The Parties will del9.ver Solid Waste ar~d County Recyclables to the System. The County and the Towns all agree to deliver, or cause- to be delivered, to-System Management Facilities for disposal or processing, respectively, all Solid Waste and County Recyolables under their respective control. This delivery obligation includes {without limitation) all Solid Waste and County Recyclables collected by any Party's employees, Solid waste. collection ~contractoxs, solid waste collection licensees or solid waste collection franchisees. There is no such obligation to deliver Other Recyclables. All Solid Waste and County Recyclables delivered to System Management Facilities, or to County employees, solid waste collection contractors, solid waste collection licensees or solid waste collection franchisees, ox properly placed in a designated container at a convenience center, will be County property upon such delivery. 3 13 The County will have the right to refuse to accept for disposal at System Management Facilities any material or substance which the County xeas-onably determines is barred Pram such disposal by the Solid_ Waste Management Plan and Policies, by any applicable law or regulation or by the restrictions of any permit. Notwithstanding the provisions of the previous paragraph, the County shall in no event be aeemed the owner of any such barred substance without its express consent. Tf_ at any time a material that previously qualified as Other Recyclables begins to be processed by the County for recycling and therefore. becomes County Recy-clables,~ then any Party theretofore processing such material as Other Recyclables shall begin to process such material as County Recyclables upon the expiration of any contract for disposal of the material as Other Recyclables that may be in effect at the time of the material's.charige in status. ~~ 3. Solid waste collection and transportation decisions will remain each Party's prerogative_ .` Y The Parties in all events retain tine might to determine their own systems and procedures for the collection of Solid Waste and related matters, provided that such systems and procedures shall be reasonably designed to be consistent and compatible with the appropriate Solid Waste Management Plan and Policies. 4. The County will operate the System as an enterprise operation, and will have discretion to set rates, fees and charges. The Parties agree that the long--term success of the arrangement. for solid waste- management provided for in this Agreement requires that the Parties remain committed partners. The Parties agree that their goal of reducing solid waste must be achieved in a manner that guards the economic viability of the System's current and future operations. At the~same time, the Parties acknowledge that the County is not expected•to use its general funds to underwrite overall solid waste management activities. Therefore, the County, the Towns and the persons and organizations' within their jurisdictions all must bear appropriate. proportional shares of the costs~of providing for current and future operations of the solid waste management enterprise. The Parties agree that~the County, as part of its responsibility for solid waste management, must retain-broad flexibility to implement and adjust rates, fees and other charges, as provided below, in order to generate sufficient resources through the System to carry out the requirements of the Solid Waste Management Plan and Policies. The Parties agree that the County is ultimately responsible for balancing the available resources and the demands an the System, and that the County must therefore have sufficient authority to adjust either the resources or the System demands, or both, to achieve the balance. Part 1. of this Agreement provides for the County's authority over the Salid Waste Management Plan and Policies. This Part 4 provides for the County's authority over the available resources. 4 14 System will bs operated as an enterprise fund.,, The County will segregate fox accounting purposes all the System's accounts, moneys and investments. The County will provide for the System's assets, liabilities and results of operations to be presented in the County's annual audit as a separate enterprise fund, in accordance with generally accepted accountingprinciples. The County will annually adopt a separate budget for the System in accordance with the County's usual budgetary process. The County will keep accurate records and accounts of all items of costs and of all expenditures relating to the System, and- of the System Revenues collected and the application of System Revenues. Such records and accounts wi-11 be open to any Party's inspection at-arxy reasonable time. upon reasonable notice. System will _be operated on a self-supportincr basis. The County will establish and maintain a system~of rates, fees and charges for the use of, and~for the services provided by, the System which is reasonably designed to pay in full all the.~Costs {and only the costs} of carrying out the County's responsibilities under this Agreement and the Solid Waste Management Plan and Policies,- including, without limitation,- (1} costs of disposing of Solid Waste, (2} costs of collecta.ng, processing and disposing of Coucity Recyclabl~s, (3 ) to the extent permitted by law, costs o:E providing'`public benefits determined to be provided pursuant to Part 6, and {4) costs of solid waste reduction activities. Subject only to the specific limitations set forth in this Agreement, the County may revise any rates, fees and charges at any time and as often as it shall deem appropriate. I,iznitations on Material Financial. Changes. Notwithstanding any other provision of this Agreement, the County shall not put into effect any Material Financial Change unless the County first obtains the consent of all Parties. It will be each Town's obligation to determine whether any change. or proposed change to the Solid Waste Management Plan and Policies is a Material Financial Change -with -respect to such Town within ten Business Days of receiving notice of the change or proposed change, -and to notify the County within five additional Business bays if the Town determines that such change or pr-oposed change is a Material Financial Change. The provisions of this paragraph era independent of the further provisions of this Part 4 concerning rates, fees and charges. Mixed Solid Waste Tipping Fee. {1) The County may increase the Mixed Solid Waste Tipping Fee from time to time in its discretion with at least 30 days' notice of the increase to all other Parties. The County may not, however, increase the Mixed Solid Waste Tipping Fee during or at the beginning of any Fiscal Year to a .fee that exceeds the Mixed Solid Waste Tipping Fee in effect at the end of the preceding Fiscal Year by more than 10~, without the prior consent of all the other Parties. Further,•the Parties intend and agree that the County shall endeavor to adjust the Mixed Solid Waste Tipping Fee only annually, with changes becoming effective only at the beginning of a Fiscal Year, 5 15 (2} The County may decrease the Mixed Solid Waste Tipping Fee from time to time in its discretion, without prior no-tics to ox action by any other Party. The County will promptly notify the other Parties of any decrease in the Mixed Solid Waste Tipping Fee. Governmental FeES. (1) If the County determines that it is or may be advisable to create and impose any Governmental Fee, then the County will give at least 30 days' notice of-the proposed Governmental Fee to the other Parties. A Governnienta~. Fee may then be imposed only if the cxea-tion .- and imposition. of such Governmental Fee is subsequently approved by the Co•~:nty and at least one •other of the largest two- (by .population) local government Parties. A new Governmental Fee wilk take effect at the end of the notice period or, if later, the' date of the last Governing Body approval necessary for it to take effect. • (2) The County may increase any individual Governmental Fee- from- time to- time in its discretion with at lea~~t 30 days' notice of the increase to all other Parties. The County niay not, 'however, increase any individual -Governmental Fee during or: at the beginning of any -Fiscal Year~to a fee that exceeds the fee ixi effect at the end of the preceding Fiscal Year by more than 10~, without the prior consent of all the other Parties. The Parties intend and agree that the County shall endeavor to adjust any and all Governmental Fees only annually, with changes becoming effective•only at the beginning of a Fiscal Year. • {3) The County may decrease any Governmental Fee from time to time in its discretion, without prior notice to or action by any other Party. The County will promptly notify the other Pax•ties of -any decrease in any Governmental Fee. Other fees. (1} This section applies to rates, fees or charges- that the County may create or change, other than the Mixed Solid Waste Tapping Fee and Governmental Fees.. This section applies to any County proposal to create, increase or decrease an availability fee. This section does not apply to any proposal to impose or change any special district tax related to the System; instead, the generally applicable law shall govern any such proposal. The Parties note that North Carolina law currently requires a Town's consent to include any area within that Town's jurisdiction within a special taxing distract, but that the County controls the rate of any special district tax in its di-scretion. (2) If the County determines that it is or may be advisable to create, increase or decrease any rate, fee or charge covered by .this section, then the County will give at least 30 days' notice of the proposed change to the other Parties, and the County will request that the Advisory Board consider the proposed. change. If the Advisory Board recommends that the change be approved, then the change may take effect if the County subsequently approves it. If the Advisory Board recommends that the change not be approved, then the change may take effect only if the County and at least one other Party subsequently 6 is approve the change. A change will take effect at the end of the notice period or, if later, the date of the last Governing Body approval necessary for it to take effect. (3} Notwithstanding any other provision of this Agreement, the County may at any time, and from time to time in its discretion, create, increase or decxease any minor fees for the disposal of certain c~.asses of Solici Waste (-such as lees for the disposal of yard waste or clean wood waste) and minor charges far- the sale of goods- {such as, for example-, mu3ch, scrap tires, or cle-an wood waste). A fee. or charge shall bn considered "minor~~ for the purposes of this paragraph if the fee or charge produced less than Z% of the- System's total. revenue for the last preceding Fiscal Year 'for which audited financial statements are available. `Time limit on fee ehanae approvals. Any approvals given by a Party, pursuant to the approval requiremen~s.~of this Part 4, to the imposition or increase of any fee will be of. no further effect after 94 days from the date of the action gxantix~g approval (or ~ after such shorter ar longer period as may be made pant of the action granting appraval3, if the imposition or increase so. approved has not by such time received al-1 approvals required for its'`effectiveness. . IIse of System Revenues only for System: no requirement. that County use general funds far System purposes. The County will use System Revenues solely to carry out the Solid Waste Management _plan and Policies and solely for the benefit of the System, including (Z} to pay costs of disposing of Solid Waste, (2 ). to pay costs of collecting, processing and disposing of Recyclables, (3) to the extent permitted- by law, to pay casts of•providing public benefits determined to be provided pursuant to Part 6, and (4) to pay costs of solid waste reduction activities. The County will not use System Revenues to pay costs of collecting Solid Waste in unincorporated areas of the County. The County will in no event be required to use assets or funds other than those of the System to fulfill its obligations under this Agreement other than its obligations under Part 2. R~esezvation of County~s rights. Notwithstanding any provision of the Solid Waste Management Plan and Policies or this Agreement to the contrary, the County will in all events be entitled to operate the System and all its facilities, and may adjust any and all rates, fees and charges, as it may ire its reasonable discretion deem reasonably necessary (1} to eompTy with any requirements of any applicable law or regulation or any court order, administrative decree or similar order of any judicial or regulatory authority, C2) to comply with the requirements of any contracts, instruments or other agreemer3ts at any time securing Outstanding System Debt, or (3) to pay costs of xemediating any adverse environmental conditions at any time existing with respect to the System. 7 17 5. The Greene Tract will remain a landfill asset. Sixty acres of the Greene Tract will be zesezved fox solid waste management purposes, and the thzae owners will wozk together to determine 'the ultimate use of the ;emain,dar. The Parties agree that the Greene Tract remains a landfill asset. -Chapel Hill, Carrboro and the County (the "Greene Tract Owners") will transfer to the County title to that portion of the Greene Tract. described on Exhibit E, which contains approximately sixty acres The County may use the property described on Exhibit E for System -purposes. The County states its current intention .not to bury mixed solid waste or construe-tion and demolition waste on any portian of the Greene Tract. The County states its recommendation to future County Governing Boards that the County make no such burial. The deed to this property will include~ra'restriction prohibiting the use of the property described on Exhibit~E for burying mixed solid waste or~construction and demolition waste.i'This restriction becomes effective at the same time that the zoning change described in the next paragraph is effective; .and it will x~nain effective so long as zoning remains effective which allows solid .waste management uses, other than burial of mixed solid waste or construction and demolition waste, as permitted uses as described in the next paragraph. Chapel Hill agrees to commence, and states its current intent to complete, the. process to make- solid waste management uses not including burial of mixed solid waste or construction and demolition waste, but expressly Including, but not limited to, a solid waste transfer facility and a materials recovery facility; uses of the Exhibit E property "permitted" uses under The Chapel Hxll Development Cade/Ordinance, subject only to staff level site plan and similar reviews and not subjeot to special use or similar processes. Chapel Hill agrees to provide the other Parties- with a plan, including a planned schedule of reviews and~approvals,~ to process the zoning change described in this paragraph. The Parties agree that nothing that they have agreed to herein constitutes an agreement on the part of Chapel Hill to zone the Exhibit E property in a. particular way. It is instead, an agreement that if the Exhibit E property is zoned a particular way one event will follow and if the Exhibit E property is not zoned in a particular way another event will follow, The-Greene Tract Owners agree to bargain together in good faith and with all due diligence, and to use their respective best efforts, to determine an ultimate use or disposition of the remainder of the Greene Tract as soon as possible and zn any event by December 31, 2001; or two years after the effective date, whichever is later. .During this ubargaining period," no Greene Treat Owner shall make any use of the remaining portion of the Greene Tract without the consent of the other Greene Tract Owners. 8 18 The Greene Tract Owners agree that among the issues to be addressed in the bargaining process are {1) the specific future uses, or ranges of use, to be made of the remainder of the Greene Tract {including•issues of devoting different portions to different uses, devoting portions to' public use's and -the possibility of making portions available for sale-ar private use), and (2) whether to impose specific use restrictions, either through deed restrictions ox through governmental regulation. The•Greene Tract Owners agree that during the "bargaining period" each should provide opportunity for public comment on possible or proposed uses or dispositions. •Auring the "bargaining period,° ao Greene Tract Owner shall (1) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or any part of its ownership .interest in the Greene Tract, in either case without the ccnsent of the ether Greene Tract Owners. To the extent permitted by law;-~ Chapel Hill agrees not to ,initiate any proceeding to rezone any portion of the Greene Tract durixzg. the "bargaining period," without tie consent of the other Greene Tract Owners. E~cecution and delive•ry,`of this Agreement by the Greene Tract Owners constitutes-consent of tie Greene Tract Owners for Chapel Hill to rezone the Exhibit E property's described in this Part S. Chapel Hill states its current intent to accommodate any agreed- upon future uses or range of uses of the remainder of the Greene Tract in its Development Code/Ordinances and states its recommendation to future Chapel Hill Governing Boars to the same effect. After the ^bargaining period" is completed, namely, the day after the last day of the bargaining period, no Greene Tract Owner shall (I) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into arty agreement to sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without giving the other Greene Tract Owners at least 60 days' prior notice of such filing or entering .into an agreement. In addition, of-ter the "bargaining period" is completed, any Greene Tract Owner may give 60 days' prior notice of an •election to be no longer bound by. the above restrictions pertaining to the uses of and whether to impose use restrictions on the remainder of the Greene Tract, and such election shall be effective at the end of the notice period. The Parties agree that any non System use of any portion of the remainder of the Greene Tract or any disposition of any portion of the remainder of the Greene Tract sha~.l result in payment to the County of the Reimbursement Amount got deposit in the System enterprise fund. 6. The County will finance community benefits from, System funds to the extent legally permissible. The Parties will cooperate to provide public benefits to the community of residents and property owners in the neighborhood of the existing landfill. 9 • . The Parties note the expected forthcoming report of the Landfill Community Benefits Committee that has been studying the question of community•benefits. Upon -the release of the report, each Party shall provide for its Governing Board to discuss the ~,rorking group's proposal for community benefits, and shall provide for such legal and other staff analysis of the proposed list as it may deem appropriate {especially including legal analysis concerning the use of System funds to pay the costs of such benefits). After each Party has completed its own analysis, the Parties •shall work together, diligently and in good faith, to reach an agr_ee:nent as to community benefits to- be provided_ The process of determining community benefits shall continue to include participation- by persons belonging to the relevant community. Final determinations of the public benefits to be provided, the sources of financing and the menhaaisms-for providing the_benefits, however, shall be made only bjz-further agreement of all the Parties. The Parties state their preference that"benefits be financed from System funds to the extent permitted by lawn To the extent permitted by law and by generally accepted accounting~b-principles, to the extent determined by the Parties and notwithstanrY~.ng any other provision of this Agreement, the costs of providing pubTXC benefits as described in- this Part 6 may be treated as an expense of the System and may be paid from System Revenues. .The public benefits contemplated by this Section are to be considered as separate and distinct from any compensation, determined to be owed for any "taking" of an interest in property as determined by State or federal law. 7. The parties-will establish an advisory board. The Parties hereby establish the Orange County Solid Waste Management Advisory Board to advise the County's Governing Board on matters related to the System and the Solid Waste Management Plan and. Policies. The Advisory Board shall meet for the first time not later than November ]., 1999, on the call of the members appointed by the County. . The Parties will continue to work through the existing Landfill Owners' Group ("LOG") on matters of solid waste management policy and operations until the Advisory Board begins to meet. The LOG shall continue to operate by consensus, but the Parties intend that the LOG shall make no recommendations for major financial commitments until it dissolves or is replaced by the Advisory Board. Each Party shall appoint • tw Exhibit C sets forth details responsibilities and the procedures forth the Parties' agreement as to of Advisory Board members. ~ members to the Advisory Board. concerning the Advisory Board`s that it shall follow, and also sets the appointment and terms of office 19 l0 20 If at any time the University of North Carolina agxees to comply with the provisions of Paxt 2 with respect to its facilities and operations- in , Orange County, then the Parties agree that .the University, through its President, shall be entitled to appoint to the Advisory Board one voting. member, having one vote. Any initial University member shall serve for a term ending on the third June 30 following the .member's appointment, anal any succeeding University member shall serve for a three year term (with there being no limits on the reappointment of University members). The limitations in. Exhibit C excluding employees of Part_ias from serving on the Advisory Board do not apply to the University or University members. The Parties agree to enter into a supplement or amendment to this agreement to include provisio~.s reasonably necessary or'appropriate to provide for the University-'s participation on the Advisory Board in such circumstances. tr ~., ,~ , F ~. i .'t I' 21 • (Exhibit A contains certain definitions that appiy to this Agreement. Exhibit B contains ~ certain additioxza.Z provisions of this Agreement.) (The remainder of this page has been left blank intenta.anally'.] r.+ {~ .~ X . ~ 1 .l 12 22 IN WITNESS WHE3ZEOF, each of the parties has caused this Agreement to be executed in its corporate name by its duly authorized officers. A (SEAL) ORANGE COUNTX, NORTH -CARaT:INA 111111itilillll)p ~ ~ p ~n . ~~~ ~1~' ,t ~_ ~. ,..a,.. ,. ~~. • Chair Clerk,- B d of \~~~1;~.,~ ~': ; ~~ Board. of- • Commissioners ` ~~: GQ~p~ry,~.~L~•,.~ , Commissioners ~0 = i99~i = ATTEST: ~ ~ ~~.(SRAT•} ..TC3~VN~ OF CARR80R0, NORTH CAROLINA ~~ By : Town Clerk ~„ 4 ~ ~ Mayor ATTEST:• .~ ~QT OF CHAPEL HILL, NORTH CAROLINA ~ ~ ~ ~ ~ ~~ erk o • ,~• ;~ Mayor ~eY ATTEST: `~,`~~~` ` ~ OF HILLSBOROIIGH, NORTH CAROLINA ` ~1,\ • O TyHv,. ~ R _ own Cle - ~ ~n = ` M yor Exhibits - .,,,~~CAR~<<~~~ A. Definitions B. Additional provisions C. Regarding the Advisory Board D. Legal description of Greene Tract $. Legal description of Greene Tract portion to be devoted to~ solid waste 13 23 5TATE OF NORTF[ CAROLINAI ORANGE COUNTX a of ry Public of such County and State, certify that d personally name hefore,me this day and acknowledged that they are the Chair d fil rk, respectively, of the Board of Commissioners of Orange County, North Carob a, and that by authority duly given and as the act of Orange County, North Carolina, the foregoing instrument was signed in the County's name by such Chair, sealed with its corporate seal and attested by such Clerk. 199 . [sEALJ WzTNSSS my hand and official stamp or seal, this ~ day of 15.E .~iNTsu~, .lr~ Ns?tary Public My commission expires : „ Jf) - 3 ~ ~.~7 STATE OF i~TORTH OLYNA3 ORANGE COU2ZTY ,~ ' I, a Notary Public of such County and State, certify that ~,~,iW~~ ' ~""'a?tti Sa.,a.c.trl:ltsarra.- personally came before me this day and :acknowledged that they are the Mayor and 4~Clerx, respect~ve.~y, OL the '1'Own or ~arrDOro, lYfJZ Gil Vnic~xiua, naiu ~ua~. by aut~~~ ~a~~ iven and as Che act of such Town, the foregoing instrument was s~ ~ 's name by such Mayor, sealed with'its corporate seal and- att~s y suc Clerk. ~o~a ~~ ~ ~ ATI SS my d d official stamp or seal, this day of ~ !' I ,acv ~## [ p~ f't1 BI.~C' ° gy~ilC ~4uN~y, otary ~ lic My commission expires: ~ f V ~. dock STATE OF NORTH CA120LZNAt ORANGE CODNTY ~~~~ } ~ a ot3 Public of such County and State, certify that ! ~-~~'"ti" ~ ~ and ersonally came before me this day and acknowledged that hey are the or and Town Clark, respectively, of the Town of Chapel Bill, North Carolina, and that by ~i1d~~~I1~/~ my given ar~d as the act, of •such_Town, the foregoing instrument was s~~t~;~h~....~,~'nn~~ii's name ~y such Mayor, sealed with its corporate sea}, and atte~~i~~p''such••l~~~lerk. "x _~ j$zTF~SS m~hah~~id o~•ficial stamp or seal, this V day of , •i . ,GSM! ~i-~-• 6 '%f ~@ ••'••••••~, ~~~ Notary Public ~ ~~~U~ CO ~~~~~ lY!lN1~ My commission expires: STATE OF NORTH CAROLI2IAi ORAt3G7f CODIITY I} a Notary Public of such County and State, certify that ~ ~~„JSrn~nd ~d//nii~-/~yn+#~r.'s~'e/ personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town o£ Hillsborough, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Towns name by such Mayor, sealed with its corporate seal and 14 24 attested by such Town Clerk. .yVo U 'Fi=T23ES8 my hand and official stamp or seal, this l'' day of 7^~r ~,1g~ [ss~J ~. N ary Public . My commis=on expires: '~~/a-~~ ~ . . ~ ;' F ~. 1 fi .:e 15 25 Exhibit A -- Definitions For all purposes of this Agreement, the following terms have the following meanings, unless the aantext clearly indicates otherwise. "Advisory' Board" means the Orange County Solid Waste Management Advisory Boarci created pursuant to Part 7. °.e'~greemeatu means thi-s- Agreement for Solid Waste Management, as it may be duly amended and supplemented from time to time. "Business Day" means any day other than a day on whicb national banks are required or authorized-to close. ~Carrboro" means the Town of Carrbora,. Nor-th Carolina. "Cbapel Hi1IH means the Town of Chapel,Hil1, North Carolina. - ~~ "Couzzty" means Orange County, North.~arolina. "~a~nty Maaage.~" means the County's ehxef administrative officer. •; { "County .Recyclables" means alb. materials processed by the County for recycling and not disposed of a.t System Management Facilities, as the same may be established and amended from time to time under the solid Waste Management Plan and Policies. uFJCist.ing System Assets" means all System assets as of the Transfer bate, including, without limitation, the existing landfill, all othex land and buildings, all equipment, including3 rolling stock, all licenses, permits and other governmental authorizationsR all contracts, all customer records, all bank and other business records, anal all cash and investments, including the capital reserve account currently maintained by Chapel Hill 'on behalf of the Landfill Owners' Group . °Fisca.I Year" means the County's fiscal year beginning July 7., ar such other fiscal year as the County may lawfully establish. ('Governing hoard" means,•for any Party, its governing board of elected officials, as such governing board may be constituted from time to time. ' °Governmental Fee" will mean any fee related to activities of the System that is imposed diredtly and solely on the Parties themselves, other than the Mixed Solid Waste Tipping Fee. A possible example of such. a fee could be a fee imposed by .the County on all the Parties related to the County's providing of processing for County Recyclables through the System. 16 26 +. _, , °Gxeene Tract" means the parcel of land comprising approximately 169 acres lying south of Eubanks Road described in Plat Book 14, Page , 143 and Plat Book 7.5, Page 7.38, Orange County Registry, as- more specifically described in Exhibit D. "FI~.Ilsborough" means the Town of Hillsborough, North Carolina. °Integrated Solid Waste Management- PZanry means the report submitted pursuant to law to °-State authorities that described the long-term plan for solid waste management, which the County, as designated lead agency, filed on behalf of the County and the Towns. The Parties have approved this Plan and -adopted its framework by resolutions adopted (_a.) by Carrboro on June 24, 1997, {b} by Chapel Hill an June- 9, 1997, (c) by Hillsborough on June 17, ].997, and (d) ~ by the County on June 30, 1997. "Material F,izzaacial ChangeR means a ,change, or series of related changes made by the County to the Sol'~d Waste Management Plan and i Policies- that, in the deternination of~~any Tawn- (provided that the Advisory Board must verify such determiny~tion if so requested by the County}, would leave the effect af.incr~asing by more than 15~ the direct monetary cost to such Town of a3.I its solid waste management activities (such as solid waste- collection), when comparing (a) the expected cost of such activities f-or the first full. Fiscal Year following the effective date of the change or changes in question to (b) the total cost for the Fiscal Year most recently completed prior to the effective date. "Mixed Sa?id Waste Tipping Fee" means the fee ,of that name assessed for disposing mixed solid waste at the existing landfill, any successor to that fee, or any other fee assessed for the use of System Management Facilities related to the disposition of Solid Waste (such as a fee imposed for,- the use of a transfer station or materials recovery facility). "Other Recyclables" means materials which would otherwise constitute Solid Waste, but which are to be delivered to some other entity and processed for recycling. For any material to constitute gther Recyclables, however, the entity to which the material is to be delivered must represent that such materials. are intended to be processed for use in new products. Material will riot constitute Other Recyclables, far example,_if the entity to wha.ch it is to be delivered intends to re-deliver the material to some other disposal facility (such as a landfill or incinerator}; whether or not such material is intended to be subject to further processing before disposal. "Part.ies° means, collectively,-the County and the Towns, and uParty" means any one of them individually. 17 27 "Reimbuzsement Amouxttp means, {l) in the-.case of disposition to a North Carolina local government that is also a Party, so long as that government devotes the transferred portion to public purposes, {a) $608,823, being the original purchase price of the Greene Tract, multiplied (b} by a fraction, the numerator of which is the number of whole acres of the Greene Tract being disposed and the denominator of which is 169, plus (c) uncompounded interest on the product of (a} and , (b) at the annual rate of b.00%_ from March 30, 1984, to the effective date of any disposition, and (2-) in the case of any other disposition, the greater of either (a) the Reimbursement Amount to-a North Carolina local government that is also a Party, or (b} the net proceeds of a sale after the costs of the sale .are paid:. "Solid Wastes means all materials accepted by the County•for disposal at System Management Facilities, as the same may be established and amended from- time -to time under the Solid Waste Management Plan and Policies (subject to, the provisions of Part 2 which authorize the' County to refuse ~' accept for disposal any material or substance which the County reasonably determines is barred from such disposal by any applicable tiiaw or regulation ~or the restrictions of any permit).. other than County Recyclables. :~ u3al.id Taste Management- Plan and Policies°- means, the combination of (a) the Integrated Solid Waste Management Plan, and all future modifications of that Plan, which is the report submitted pursuant to law to State authorities describing the long-term plan for solid waste management, which the County, as designated lead agency, files on behalf of the Couzity and the Towns, and (b) the Solid Waste Management Policies, which are, collectively, all policies related to the System and coordinated solid waste management for the County, the towns and the persons and organizations in their jurisdictions,• as the same may exist from time to .time {including all such policies in effect as of the date of this Agreement}•. The term "solid Waste Management Plan and Policies" thereby encompasses all .policy choices, as in effect from time to time, related to the management and operation of the System. nState" means the State of North Carolina. "System° means all assets, including -both real and personal property, used from time to time in the conduct~of the functions of collecting and processing County Recyclables, reducing solid waste, disposing of Solid TAaste and mulching, composting and re-using Solid Waste, and includes both (a} the Existing System Assets and (b] all moneys and investments related to such functions. °System Debt" means all obligations for payments of principal and interest with respect t_o borrowed money incurred or assumed by ,the county in connection with the ownership or operation of the System, without regard to the form of the transaction, and specifically including leases or similar financing agreements which axe required to be capitalized in accordance with generally accepted accounting principles. System Debt is "Outstattd.fngu at all times after it is issued 'or contracted until it is paid. as 28 '~3ystem Employees" means employees of Chapel Hill directly engaged in carrying out System business (but expressly not including employees of Chapel Hi~.l's sanitation department). ' "System Management Faa.ilities" means those assets of the System Used to- provide (a) final disposal of solid waste, including construction and demalition.`caste,. such as landfills, or (bj any other handling or processing of_ materials placed in the .custody of the System, such as transfer stations., materials recovery facilities or facilities far cleaning, sorting_ or other processing of recyclable material. • ~Systern .Revenues° means all amounts derived by the County from the imposition of rates, fees and charges for the use of, and far the services furnished by, the System. , "Towns" means, collectively, Catrrboro, Chapel Hill and ~. Hi.llsb~rough. ~ ~. t "Transfer Datery means the effective date. ;r - 19 29 • Exhibit B -Additional Provisions Amendments. This Agreement may be modified ox amended only by .. _ written amendments that are approved and signed on behalf of all the Parties . Notices. . {a) All notices or other communications required or permi.ttedrby this Agreement must be in writing. {b) Any notice or other communication will be deemed given (i) on the date delivered by hand or (ii) an the date it is received by mail, as evider_ced by the date-shown on a-United States mail registered mail receipt, in any-caste addressed as follows: • If to the County, as follows Orange 'County Attn: County Manager 200 South Cameron St. . Hillsborough, NC 27278 If to Chapel Hill, as f ollaws Town of Chapel Hill • Attn: Town Manager 306 North Columbia St. Chapel Hill, NC 2751& Tf to Ca~rboro, as follows.c? r.~ ~- k Town of Carrboro Attn: Town Manager 301 West Main St. Carrboro, NC 27510 If to Hillsborough, as follows: Town of Hillsborough Attn: Town Manager 137 North Churton St, Hillsborough, NC 2727$ (c) Any Party may designate a different addxess for communications by notice given under this Section to each other Party. (d) Whenever in this Agreement the giving of notice is required, the giving of such notice may be waived in writing by the Party entitled to receive such notice, and in any such case the giving or receipt of such notice will not be a condition precedent to the validity of any action. taken in reliance 'upon such waiver. When this Agreement requires that 20 30 notice be given to more than one Party, the effective date of the notice will be the last date on which notice is deemed given to any required Party ~. No Third-Partin Beneficiaries. Nothing expressed or implied in this Agreement will give any Berson other than the Parties any rights to enforce any provision of this Agreement. There are no intended third-party beneficiaries of this Agreement. Survival of Corr-enants. All covenants, representations and warranties made by the Parties •in this- Agreement shall survive the delivery of this Agreement. Severabilit_y. _z f. any provision of this Agreement shall be held invalid or unenforceable by any court of; competent jurisdiction, such holding shall not imralidate or render unenforceable any other provision of this Agreement. •r f• ~. Entire Contract. This Agreement_~" including the Exhibits, constitutes the entire agreement between the Parties with respect to zts subj eet matter . ~~ Counterparts. This Agreement ma.y be signed in several counterparts, including separate counterparts. Each will be an original, but all of them together constitute the same instrument. RecordaIale Form. As this Agreement limits the Parties' rights tq dispose of their-_respective ownership interests in the Greene Tract, any Party may cause this Agreement to~be filed in the real property records in the office of the Register of Deeds of Orange County. Withdrawal. Any Party may withdraw from this Agreement (and thereby cease to be a Party to this Agreement) upon notice given to all the other Parties and subject to the following additional provisions: (aj A withdrawal may be effective only upon the beginning of a Fiscal Year. A Town may withdraw only with at least one year's notice. The County may withdraw only with at least two years'- notice. (bj No withdrawal will relieve a. Party of its obligations under Part 2 so long as there is System Debt Outstanding; provided, however, that System Debt first issued or contracted after the date a Party gives notice of withdrawal will be disregarded for the purposes of this paragraph. (cj No withdrawal will relieve any Party of its individual liability, if any, under environmental laws or otherwise, related to its respective use or ownership of the System which may accrue or which has accrued prior to the effective date of such Party's withdrawal. 21 31 Actions by a party. Any references to approvals or othex actions by any Party will be deemed to be references to actions- taken by the Party's Governing Berard or taken pursuant to express, specifi-c direction given by the Party's Governing Board. Agreed-IIuon Procedures. The terms, conditions and procedures for transferring employees and assets 'to the County as _provided fz~r'by Part 3:, and for transferring the property described on Exhibit E to'the County as provided for by Part S, in all cases shall be as agreed upon bX the County,~Carxbora and~Chape~. Hill. Effective Date; Term._This Agreement shall take effect as provided in Part 1. This Agreement will continue in-effect so long as there are at least two Parties to the Agreement. ~. .i . 7 ~. ti 22 32 8xhibit C - Reaardinct tha Advisory Board Responsibilities.- The Advisory Board's responsibilities shall include the following: {a) To recommend programs, policies, expansions and reductions of services, and other matters related to the operation of the~System; (b) To suggest amendments to the Solid Waste Management Plan and Policies; (c} To provide advice to the County Manager for use in ti2e County Manager's c3.eveloping the proposed annual. budget for the System, to review the budget. for the System as proposed by the County Manager to the County~s Governing Boars3, and to provide .recommendations to the County's Governing Board for the approval or•amendment of•the proposed budget; ~; `~ (d} To receive and interpret for~.`the County public input concerning the System and -the Solid Waste Management Plan and Policies; :~ (e} To further such mission and goals -for the System as the County may adopt from time to time; (f} To provide promptly to the County's Governing Body a recommendation concerning any proposal for a change to rates, fees and charges forwarded to the Advisory Board pursuant to this Agreement; and (g} Such other matters as any Governing Board or the County Manager may request. Members; Terms. {a) Eac~i Governing Board will appoint two members to the Advisory Board as soon as practicable after the date of the execution and delivery of this Agreement. Each Party will notify all the other Parties of its appointments within ten Business Days after making such appointments. (b) Advisory Board members will serve staggered three-year terms. To provide for the staggered terms of the members, the initial appointments by the Parties will be for the following terms: Member-__A . County Carrboro Chapel Hill Hillsborough 2 years 2 years 1 year 1 .year Member B 3 years 3 years 3 years 2 years 23 33 (c) The first year of the term of each initial member of the Advisory Board shall be deemed to expire on June 30, 200-0. Thereafter, each year of the term of an Advisory Board member will run from July 1 through the subsequent June 30,~ but each member shall. continue to serve until such member's successor has been duly appointed and qualified for office. . (d) Each Party may select and appcint Advisory Board members in its discretion, except-that no employee of a Party•may be appointed as an Advisory Board member. This Agreement in no way requires that any member be an elected_ official of 'the- appointing Party. Any elected official of a Party appcinted to the Advisory Board will be deemed to be serving on -the Advisory Soard as a part of the- individual's duties of o-ffice, and will not be considered to be serving in a separate office. Any elected official of a Party appointed to the Advisory $oard will cease to be a member of the ~Pdvisory Board upon.. such .individual's cessation of service -as an elected official of such Party (whether or not such member's successor will be been appointed and qualified for office}, but such Party_ may ~'.~eappcint such individual to the Advisory Board. Each member of the~.Advisory- Board (including elected officials) serves at~ the-pleasure o'f the appointing Party, and may be removed at any time by the appointing Party, with or without cause. '; (e) The Governing Board that appointed the person who vacated the Advisory Board seat will fill any vacancy on the Advisory Board. In the case of a vacancy created during the 'team of a member, the appointment to fill the vacancy will be made for the remaining portion of the term in order to preserve the staggered-term pattern. Procedures. The Advisory Berard may adopt its own rules of procedure not inconsistent with the provisions of this Agreement and not inconsistent with the. policies and procedures governing the various boards and commissions of the Governing Board of the County as those policies and procedures. exist now and as they may be amended from time to time by resolution of the Governing Board of the County. The Advisory Board's proposed rules and procedures shall be presented to the Governing ~Bcard of the County for review and shall not be effective until approved by the Governing Board of the County, but the Advisory Board's procedures shall include the following provisions: (a) Each member of the Advisory Board will-have one vote, except that in the event of -the absence of a member, the other member appointed by the same Party as the absent member will. be entitled to cast two votes. Any University member appointed pursuant to Part 7 shall have only one vote, and that vote shall not be cast in the membex's absence. 24 34 (b} A number of affirmative votes equal to a majority o~ the authorized number of Advisory Board members will be necess-ary to take any action. . (c) The Advisory Board's presiding officex will vote as a member of the Advisory Board, but will have na additior~al or tie-breaking vote. (d) Representatives of a Party that has given notice_ of its withdrawal from this Agreement will have no vote on any matters that will affect the System beyond the effective date of such Party's withdrawal, and as to any such matters such members will not be deemed to be within the authora.zed~ number of Advisory Board members for the purposes of subsection {b) above. ~• F, ~. . e t- 25 35 Exhibit E -- Legal Description of 60 Ac.~ Portion of Greene Tract to be conveyed to the County Property located in Chapel Hi11 Township, Orange County, North Carolina and more particularly described as follows: Beginning at an existing iron, CONTROL CORNER, which is the northwest corner of the property herein described and which-iron is the northeast corner of property now or formerly owned bx the Town of Chapel Hill and others described in Deed Book 1437, Page 316 of the Orange County Registry which iron is located S 38 ', deg. 18' 52" W 5,302-.36' from J.S.G.S. MON HILLTOP (NAD.27}, thence from the beginning point the following 'courses and distances: S 89 deg. 13' 48" E 247.00' to an existing iron; thence N 89 deg. 06' 52" E 1.,023.74' to an iron set on the western limits of the Southern Railroad right-of-way, the northeast corner of the property. herein described,_ thence with the western limits of said right-of-way S 23 deg. 08' 42" E' 264.80' to an iron set; thence S 32 deg. 03' 27" E 1,452.48' to an iron set; thence S 08 deg. 11' O1" E 87.79' to a-computed point; tYmnce S 02 deg. 15' 12" E 99.04' to a_computed point; thence S 04 deg. 29'.32" W 101.09' to a computed point; thence S ,, 11 deg. 26' 24" W 98.14' to a computed point; thence S 17 deg. 18' 53" W 99.69' to a computed point; thence S 20 deg. 32' 23" W 99.46' to an iron set, a southeast corner of the property herein described; thence leaving said right-of-way N. 84 deg. 27' S9" W 510.28' to an iron set, which iron is located in an abandoned roadway; thence N 08 deg. 39' 41" E-586.39' to an iron set; thence N 88 deg. 05' 28° W 1,423.93` to an iron set, also in an abandoned roadway; thence along and with the abandoned roadway N 28 deg. 50' 18" W 14T.08' to an iron set; thence N 60 deg. 28' 18" W 187.09' to an iron set; thence N 30 deg. 23' 08" W 191.82 ' to an iron set; thence N 26 deg. 12' 38" W 70.39' to an iron set; thence leaving the abandoned roadway N 88 deg. 25' 22" E 144.24' to an existing iron; thence N 00-deg. 36' 48" W 903.18' to the point and place of beginning and containing approximately 60.00 AC. GRO-SS by D.M.D., all as shown on the plat recorded at Plat Book ~_, Page ~~_ of the Orange County Registry which plat was prepared by Dale D. Faulkner, P.L.S. L-2176 and titled "FINAL PLAT EXEMPT SUF3D7VISION PROPERTF OF TOWN OF CHAPEL HILL ET AL.;" together with the right of ingress, egress and regress to and the right to construct or~have constructed the necessary track, siding and other facilities reasonably necessary to access the Southern Railroad rail system that lies within the Southern Railroad right-of-way where that right-of-way adjoins and abuts the property described here. 36 Exhibit D - Legal Desc~Ftion of the Greene Tract A11 of the property described in the deed from Harold Greene and wife, Jean, and W.F Sledge and wife, Katharine to the Town of Chapel Hill, the Town of Carrboro and the County of Orange, which deed is recorded at Book 459, Page 340 of the Orange County Registry. 1 The Parties note the expected forthcoming report of the Landfill Community Benefits Committee that has been studying the question of community'~benefits. Upon the release of the report, each Party shall provide for its Governing hoard to discuss the working group's proposal for community benefits, and 'shall provide- for such legal and -other staff analysis of the proposed list as it may deem appropriate (especially including legal analysis concerning the use of System funds to pay the costs of such benefits). After each Party has completed its own analysis, the Paxties shall work together, diligently and in good faith, to reach an agreement as to community benefits to ~ be pxova.ded._ The gracess of determining community benefits -shall continue to include participation by persons belonging to the relevant community. Binal determinations of the public benefits to be provided, the sources of financing and the mechanisms_for providing the benefits, howevex, shall be made only by further agreement of all tree Paxties. The Parties state their preference tha~_~benefits be financed from System fund's to the extent permitted by lawF•To the extent permitted by law and by generally- accepted accounting'¢-principles, to -the extent determined by the Parties .and notwithstand~.ng any other pxovisi.on of this Agreement, the costs- of providing publ"XC benefits as described in this Part 6 may be treated as an expense of the System and may be paid from System Revenues. .The public benefits contemplated 'by this Section are to be considered as separate and distinct from any compensation determined to be owed for any "taking" of an interest in property as determined by State or federal law.. 7. Tha parties will establish an advisarZr-board. The Parties hereby establish the Orange County Solid Waste Management Advisory Board to advise the County's Governing Board on matters related to the System and the Solid Waste Management Plan and l t Policies. The Advisory Board shall meet for the first -time not later ~~,~~• than November 7., 1999, :on the call of the members appointed by the County. The Parties will- continue to work through the existing Landfill Owners' Group ("LOG") on matters of solid waste management policy and operations until the Advisory Board begins to meet. TYae LOG shall continue to operate by consensus, but the Parties intend that the LOG shall make no recommendations far major financial commitments until it dissolves ox is replaced by the Advisory Berard. , Each Party shall appoint tw Exhibit C sets forth details responsibilities and the procedures forth the Parties' agreement as to of Advisory Board members. > members to the Advisory Board. concerning the. Advisory Board's that it shall follow, and also sets the appointment and terms of office 37 ZO 38 . If at any time the University of North Carolina agrees to comply with the provisions of Part 2 with respect to its facilities and operations in .Orange County, then the Parties agree that the University, through its President, shall be entitled to appoint to the Advisory Board one vating~ member, having one vote. Any initial University- member shall serve for a term ending on the third June 30 following the member's appointment, and any- succeeding University member-shall serve for a three-year term {with there being no limits on the reappointment of University members}-. The limitations in Exhibit C excluding employees of Parties from serving on the Advisory Board do not -apply~ta-the University or University members-. The Parties agree to enter into a supplement or amendment to this agreement to iizclude provisions reasonably necessary or' appropriates to provide for the University's participation on the Advisory Board in such circumstances. ,w. . ., `~ •- .. ~, • ~: -; :Y ll 39 Bxhibit-C - Regarding the Advi.sorv Board Resyonsibilities. The Advisory Board's responsibilities shall include the following: (a) Tca recommend programs, policies, expansions and~reductians of services, and other matters related to the operation of the System; {b) To suggest amendments to-the Solid Waste Management Plan and Policies; (c) To provide advice to the County Manager for use in the County Manager's developing the proposed anrnial budget for the System, to review the budget. for the System as proposed by-the County Manager to the County's Governing Board, and to provide .recommendations to the County'-s Governing Board•for the-approval or•amendment of•the proposed budget ; `~ (d} Ttr receive and interpret for ~. ~th.e County public input concerning -the System and the Solid Waste Management Plan and Policies :r (e) To further such mission and gaols for the System as the County may-adopt from time to time; _ (f) To provide promptly to the County's Governing Body a recommendation concerning any proposal for a change to rates, fees and charges forwarded to the Advisory Board pursuant to this Agreement; and • (g) Such other matters as any Governing Soard or the County Manager may request. • Memberss Terms. (a} Each Governing Board will appoint two members to the Advisory Board as•soan as practicable after the date of the execution and delivery of this Agreement. Each Party will notify all the other Parties of its appointments within ten Business Days after making such appointments. • ~. (b) Advisory Soard members will serve staggered three-year terms. To provide for the staggered terms of the members, the initial appointments by the Parties will be f-or the following terms.: Member A County Carrbora Chapel Hill. Hillsborough. 2 years 2 years 1 year 1 .year Member 8 3 years 3 years 3 years 2 years 23 40 • {c) The first year of the• term of each ina.tial member of the Advisory Board_sha11 be deemed to expire on June 30_,_2000. Thereafter, 11 each year of the term of an Advisory Board member will run from July 1 71~~ through the subsequent June 30',• but. each member shall continue to • serve until such member's successor has been duly appointed and qualified for office. ~ - (d} Each Party may select and appoint Advisory Board members in its discretion, except that no employee of a Party may be appointed as an Advisory Board member. This Agreement in no way requires that an}= member be an elected official of 'the appointing Party. Any elected. official of a Party appointed to the Advisory Board will be deemed to be serving on the Advisory Board as a part ~of the individual's duties of office, and will not be considered- to .be serving in a separate office. Any elected official of a Party appointed to the Advisory Board will cease to be a member of the Advisory Board upon such individual's cessa-t ion of service-as an elocted official of such Party (whether or not such member's successor .wi•11 be been appointed and qualified for office), but such Party may ~eappoint such individual to the Advisory Board. Each member of the.~Advisory Berard {including elected officials) serves at the pleasure o'f the appointing Party, and may be removed at any time by •the appoiz~ing Party; with- or without cause. '` (e} The Governing Board that appointed the person who vacated the Advisory Board seat will fill any vacancy on~ the Advisory Board. ~In the case of a vacancy created during the term of a member, the appointment to•fill the vacancy will be made for the remaining portion of the term in order to preserve the staggered-term pattern.' Procedures. The• Advisory Board may adapt its own rules of procedure not inconsistent with the provisions of this Agreement and not inconsistent with the- policies and procedures governing the various boards and commissions of the Governing Soard of the County as those policies and procedures. exist now and as they may be amended from time to time by resolution of the Governing Board of the County. The Advisory Board's proposed rules and procedures shall be presented to the Governing Board of the County for review and shall not be effective until approved by the Governing Board of the County, but the Advisory Board's procedures shall include the following provisions: (a) Each member of the Advisory Board wi-11 have one vote, except that in the event of the absence of a member, the other meiTiber appointed by the same Party as the absent member will be entitled to cast two votes. Any University member appointed pursuant to Part 7 shall have only one vote, and that vote shall not be cast in 'the member's absence. 24 41 {b} A number of affirmative votes equal to a majoxity of the authorized number of Advisory Board members will be necessary to take any action. {c} The Advisory Board's presiding officer will vote as a member of the Advisory Board, but will have no additional or tie-breaking vote. {d} Representatives of a Party that has given notice of its withdrawal from this Agreement will have na vote on any matters that will affect the System beyond the effective date of. such Party~s withdrawal, and as to -any such matters such members will not be deemed to be within the authorized number ofAdvisory Board members for the purposes of subsection {b} above. - ,. . . .~• .~- r.-": ~. t ~~( 2~ 42 Agreement to Amend the Agreement for Solid Waste Management orange County and the Towns -of rarrboro, Chapel. HiII -and Hillsborough hereby agree to amend the NAgreement for Solid Waste Management." 1. By deleting the paragraph identified as "Accruire propertv.° iri Part.I and replacing it with the following: Acquire 'aronerty. The County shall acquire real- and personal property as 'it deems appropriate for S~=stem purposea. There- shall be •no restrictions on the -County's acquisition of additional ~ acreage at the existing landfill. The Parties acknowledge and support the County's position that as operator of solid waste operations, it may, despite diligent efforts- to explore alternatives, settle upon the area on and proximate to the -existing closed landfill site on Eubanks Road as the location far additional solid waste •facilities: The County states its current intention .not to acquire, and its recommendation that future County Governing Boards not acquire, any of the properties .known as the Blackwood and Nunn properties for System purposes. .- 2. By deleting the paragraph identified- as "Effective date.." in Pazt 1 and replacing it with the following:. Effective date. The County will assume solid waste management responsbi~la.ty an the• first• day of the second Orange County emplb~ree pay period that follows the last completed of the following two events: (1) the approval by i- the governing boa~d£of and the execution of the Agreement to Amend the Agreement for Solid-Waste Management by the current owners of'~tha System; (2) Agreement on the boundaries of the property described in Exhibit E by the Greene Tract Owners. The date the County assumes solid waste management responsibility is the effective date- of this Agreement. The Parties shall take actions provided for in this Agreement, or which may otherwise he necessary or appropriate, in a timely fashion to permit the County's assumption of solid waste responsibility on the effective date. 3. By deleting Part 5 and replacing it with the following: 5. The Greene Tract will remain a landfill asset. 33acty acres of the Greene Treat will be reserved for System l • 43 purposes, aad the three owxa.ers wi1Z work together to . determine the ul.tzmate use of tha remainder. The Parties agree that the Greene Tract remains a landfill asset. Chapel Hill, Carrboro and the County (the "Greene Tract Owners°} will transfer to the County•title to that ps~rtion of the Greene Tract described on Exhibit E,~ which contains approximately sixty acres. The County may use the property described on Exhibit E for System ,purposes. The County states its current intention not to bury mixed solid waste or construction and demolition waste on any portion of the Greene Tract. The County states its recommendation•to future County Governing Boards that the County make no such burial. The deed to this property will include a restriction prohibiting the use of the property described on Exhibit E for burying mixed solid waste or construction and demolition waste. • The Greene Tract Owners agree to bargain together in good faith and•with all due diligence, and to use their respective best efforts, to determine an ultimate use or disposition of the remainder of the Greene Tract as soon as possible and in any event by December 31, 2001, or two years after the effective date, whichever is later. During this ``bargaining period," no Greene Tract Owner shall make any use of the remaining portion of the Greene Tract without the consent of the other Greene Tract Dwners. ~; The Greene Tact Owners agree that among the issues to be addressed ~n the bargaining process are (1) the specific future us~as, or ranges of use, to be made of the remainder of the~'Greene Tract (including issues of devoting different;~~portions to different uses, devoting portions to public•uses and the possibility of making portions available for sale ~ or private ~ use) , and {2) whether to impose specific use restrictions, either through deed restrictions or through governmental regulation. The Greene Tract Owners agree that during the "bargaining period" each should provide opportunity for public comment on possible or proposed uses or dispositions. During the "bargaining period," no Greene Tract Owner shall {1) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or•any part of its ownership interest in the Greene Tract, 2 44 in either- case without the-consent of the other Greene Tract Owners. To the extent permitted by law, Chapel Hill agrees not to initiate any proceeding- to- rezone any portion of the Greene Tract during the "bargaining period," without the consent of the other Greene Tract .Owners. _ Chapel Hill states its current intent to accommodate any agreed-upon future uses or range of uses of the remainder ~of the.Greene Tract in its Development erode/Ordinances and states its recomme~~.dation to future Chapel Hill Governing Boards to the same effect. After the "bargaining period" is completed, namely; the day- after the last day of the bargaining period, no Greene Tract Owner sha•11 (1) file any legal action or proceeding to force any sa3.e or division of the Greene Tract, or (2) enter into any agreement to sell, moat-gage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without giving the other Greene Tract Owners at least 60 days' prior notice of such filing or entering into an agreement. In addition, after the "bargaining period" is completed, any Greene Tract.Owner .may give 60 days' prior notice of an election to be no longer bound by the above restrictions pertaining to the uses of and whether to impose use restrictions on the remainder of the Greene Tract, and such election shall be effective at the end of the notice period-. The Parties agree that any non System use of any portion of the reminder of the Greene Tract or any disposition of any `,portion of the remainder of the Greera Tract shall result-;in payment•to the County of the Reimbursement Amouz%~,for deposit in the System enterprise fund . .. ~. . ;;~ 4. By replacing•the date in the first paragraph of Part 7 with the following: "one month after the effective date of this Agreement.° 5. By amending subsection (c} of the "Members; Terms" provision of Exhibit C to, the Agreement to read as follows: (c) The first year of the term of each initial member of the Advisory Board shall be deemed to expire on June 30, 200].. Thereafter, each year of the term of an Ad~tisory Board member will. run from July 1 through the subsequent June 30, but each -member shall continue to serve until such members successor has- been duly appointed and qualified far office. 3 45 IN WITNESS - WHERE4~', •4range Agreement to Amend the Agreement for be executed in its corporate name officers . :~_~,._ •.. County has caused this Solid Waste Management to by its duly authorized -~- ~ ~ ~. ~~ ~~~~. ~° . 3--~y'-Zoo ~ ~' ~`~ " •~~ Date Approved by .'x ~~ x _~ ~ ~ Governing Board #- ,.r A ST t -! I~ •' /QRAI4TG$ -COUNTY, NO • CAROLINA ..,` _ Bye leak Board f Commissioners Chair, Board of Commis o rs S'PAT$ OR 270RxFi CAROLINA{ ORANGR COUNTY y}~ /y I, a Notary Public of such County and State, certi-fy that /~t4$~5 l: and ~~/-~YL {~ersdnally came befpre me this day and . a.^.knowledged that the are the {`hair d C1 k, respectively, of the Board of Commissioners of Orange County, North Carolina, ana that by authority dicey given and as the act of Orange County, North Carolina, the foregoing instrument was signed in the County's name by such Cha~,r, sealed with its corporate seal and attested~by such Clerk. WzTNBSS my hand and official stamp or seal, this ~ day of ~Q~.~,•,, 200D. [SEAL] t • Notary lic My commission expires ; ~ o~ - ~ ~ ~- ~~ ~~ ~. • ~ ~r;- ~, •~ .``i any`: i ~,aYARr ~... o~ ~`VB4t ~ _~ 1~ ~/~ MN~N~~~ ~ ~~ '~'•~~ GE co~N~• •'`. 46 IN WITNESS WHEREOF, the Town of Carrboro has caused this Agreement to Amend the~Agreement for Solid Waste Management to 1~e executed ~ zn it`s„~ttti~~~orate name by its duly authorized `,~~oRpo~rFo 1911 3•ZS.ZDGa Da4e Approved by Governing &oard ATTS3T: "'~,;f'pR'E~S,,,~AIt~°y~~~~ TOWS[ OF CARRB(JRO, FORTH- CAROLINA ~~GtL,~ ~ Lc%L~L~L~LGCGd ~ By Town Clerk- Mayor s~aTS o~ Noxxtt cz~xanxx~,t axr~aE coves z, a Notary Public of such County and State, certify thati~!1i~1 ~atsav~. and ,Sa,ra~, C.U~l:ll:y„~ personally Dame before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of `the Town of Carrboro, North Carolina, and that. by authority duly given and as the act of such Town, the foregoing-instrument was d in the Towns name by such Mayor, sealed with its corporate seal and ~ much Town 'Clerk. hand and official stamp or seal, this ~~ day a€ ~ , ~arew~ "~k # ~ - . PU8~.1C G' O~ '~~0~ N ary Public 9~C~ COt9~~ a~°°°~ j M ~'on expires: I t ~V~ j,''l,~d0 ,, x- c`. ~t :~ ' .~ ~`~. °' ~ ~ 5 47 TN WITNESS WHEREOF, the Town of Chapel Hill has caused this Agreement. to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. .- ..- Date ~~aproved by ~ Goverxairig Board ATT$ST: ~ ~~ ~~'C~` ~T Off` CHAPSI.', HILL, NORTH CAi20LINA ~ ~ ~ ~~~~~ T lerk rr •~ Mayor .9 STATh QF NdRTA CAROL~p ~ o'U` T,Qa Not Public of A and State, certify that i n personally-came before me this day and acknowledged that ey are the or an Town Clerk, respectively, of••the Town of Chapel Hill, North Carolina, and that by authority duly given'aad as the act of such Town, the foregoing instrument was signed in the Towns name by such Mayor, sealed with its corporate seal and attested by suc``~~~ti~lliK~l~~'%~ ~ 2~ // ~~~~ ~C '~ Cp /~ ~~ w=Txs`~ andai1d,.O,~ia1 stamp or seal, this ~.__._ day of ~~s, ts~~©EO0. ~pTAR~. ~:~ ,`-fir; ..®a ~- . ~ .~~ i'~~~ ..^. '*1, ~~~ ~ Notary Public /~, My commission r. r ,:k .~, .x ~~ . .. ~Ji. ,wT `' 6 48 IN WITNESS WHEREOF, the Tovan of this Agreement to Amend the Agreement to be executed in its corporate name officers. C STATE OF 1~IORTH Hillsborough has caused far Solid Waste Management by its duly authorized ,`,``,,,o~~,H1us ~,'`~,' Date Approved by ~ Town ~ ~ Governing Board '([~';~ S _ ~ ~ =OWN OF HILZSSOROUGfi, N41tTFi CAROLINA ~ ~ ~,,. ~,,, CaRO ~,~~ ~~f+iiiiitt~~ CARQLTNA; ORANGE COIINTY I7~ a Notary Public of such County and State, certify that ¢yby~cP ff ~.t'3~{~0/ and ~pNA',d~Drr'~tK' personally came before .me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town of Hillsborough, North Carolina, and that by authority duly given and as the act of such Tawn, the foregoing instrument was signed in the Towns name by such Mayor, sealed with its corporate seal and attested. by such Town Clerk. yaaj 'WTTNSSS my hand and official stamp or seal, this L~ day of yi , X99 [SEAI,I Nota ublic ,, My commission expires: `~~-~p..,so~ 4. lsg:araagecouaty\amdsolwstagt.doc ;i' ~:~ ~~ ~: ~ -. 7 ATTACHMENT 3 49 May 17, 2011 Recommended Actions to Mitigate the Long and Short Term Impacts of Orange County's Landfill and Solid Waste Operations on the Health, Safety and Welfare of the Historic Rogers Road -Eubanks Road Community 1. Connect water and sewer service to all homes listed in the "ROGERS-EUBANKS ROAD AREA OF CONCERN FOR THE REQUESTED ORANGE COUNTY HEALTH DEPARTMENT SURVEY (occupied properties on well/septic systems that were built before the Orange County Landfill was sited on Eubanks Road)", including Ms. Nunn's property, at no cost to any of the residents -including a110WA~A water and sewer connections and OWASA impact fees for these connections. Residents will pay monthly user fees for water and sewer. 2. Clean up the illegal dumpsites within 3/4 mile around the perimeter of the landfill -some of which are in the headwaters of the Bolin Creekwatershed. a. Clean up shall be made at na cost to any resident of the community and all residents and property owners shall be held harmless from any costs, fees, liens, assessments, damages, penalties or any other liability for the remediation or mitigation necessary to clean and remove illegal trash sites that have been created on their land. b. Close access points to stop continued and active illegal dumping. c. Install additional "No Littering" signs in the RENA community near the landfill. d: Expand the hours of the landfill and convenience centers with no additional fees, to discourage illegal dumping. e. Initiate ongoing aggressive enforcement of existing dumping ordinances. 3. Establish a community and cultural center including recreational facilities and park that honors the history of the Rogers-Eubanks community, which dates back to the 1700s. a. Highlight the story of this African-American community, which transcended slavery, and faced continual challenges to land ownership and community for over two centuries. b. Until the community and cultural center is built, the County and Towns shall pay an annual fee of $50,000 to cover the operating expenses for interim operations at the RENA community center. 4. Institute a program to constrain property tax increases to protect homeowners from predatory development. This applies to county and town taxes (in the event of annexation). Overlay zoning, a tax abatement program or alternatives should be considered. The program could be limited to the historic families participating in the water/sewer program. 50 5. Take immediate actions to mitigate the direct impacts of the landfill. a. Reduce the odor from the landfill using a technology that surpasses the masking agent atomization for the landfill working face. In addition to benefits derived from the landfill gas program, utilize best management practices for landfill cover that helps control odor. b. Build an impervious barrier wall [beginning below the surface of the ground) to impede/stop vermin from leaving or entering the landfill and to decrease noise, and improve air quality. c. Plant additional trees and vegetation for additional odor buffer and to obscure the visual impact of the landfill mountain. d. Add traffic-cal-ming bumps on Rogers Road; redirect commercial traffic ("no commercial traffic" signage on Rogers Road) and decrease the speed limit to 30-mph. 6. Advocate on our behalf with the towns -especially for making this community to be in one unifying municipal or government jurisdiction (instead of 3), and for sidewalks, and bike lams, on Rogers Road, Eubanks Road, Purefoy Road, Edgar Street, and Homestead Road, and to improve connectivity of bus service and other town services. These actions will be the terms of a written, enforceable, and binding agreement -which will be funded and included in the county's committed capital plans. The agreement will include damages for non-performance. The agreement will be supported by a committed work plan, which includes tasks, responsibilities, timelines and deliverables -along with cost estimates, which include a contingency for project risk. The work plan will be designed to assure that all improvements will be completed by 2016. The plan will be funded by the solid waste tipping fee, revenues from the UNC landfill gas project, reserves, and/or other sources that the county deems appropriate. Since the county will earn millions of dollars of additional revenue by extending the life of the landfill beyond the planned closure date of 2012, these additional funds will be applied to mitigation items before the county can use these funds for other purposes. The agreement -and the supporting work-plan and funding for completing these mitigation requests -shall be developed and approved before the county authorizes extending the life of the landfill. TABLE 1. Estimated Connection Costs. for 67 Properties with OWASA Water Service Currently Available in Rogers Road Historic Area September 2011 Physical Address Street Name PIN Water Availability Feel Meter Box In Place? (Y/N) Meter2 Service Installation + Meter3 Total Cohnection Cost4 7628 Rogers Road 9870451708 $3,240 Y $200 ~ $3,440 7621 Rogers Road 9870356499 $3,240 Y $200 ~ $3,440 7708 Rogers Road 9870450445 $3,240 ~ N ~ $2,824 $6,064 7719 Rogers Road 9870346986 $3,240 Y $20p $3,440 7805 Rogers Road 9870441657 $3,240 Y $200 ~ ~ $3,440 7809 Rogers Road 9870453385 $3,240 N $2,824 $6,064 7811 Rogers Road 9870349228 $3,240 N , $2,824 $6,064 7815 Rogers Road 9870440259 $3,240 N ~ $2,824 $6,064 7817 Rogers Road 9870442208 $3,240 Y ~ $2d0 $3,440 7821 Rogers Road 9870443288 $3,240 N $2,824 $6,064 '7907 Rogers Road 9870445166 $3,240 Y' $200 $3;440 7917 Rogers Road 9870437814 $3,240 Y $200 $3,440 8003 Rogers Road 9870438967 $3,240 Y $2Q0 $3,440 8013 Rogers Road 9870531675 $3,240 Y $200 $3,440 7904 Rogers Road .9870456572 $3,240 N $2,824 $6,064 7816 Rogers Road 9870445604 $3,240 Y . $200 $3,440 7980 (1604 Purefoy) Rogers Road 9870540416 $3,240 Y $200 ~ $3,440 No Address Priscilla Lane 9870456115 $3,240 N $2,824 $6,064 No Address 9870459243 $3,240 N $2,824 $6,064 No Address 9870552467 $3,240 N $2,824 $6,064 1615 Purefoy Drive 9870544003 $3,240 Y $200 $3,440 No Address Purefoy Drive 9870544583 $3,240 N $2,824 $6,064 No Address 9870545947 $3,240 N $2,824 $6,064 1704 Purefoy Drive 9870555241 $3,240 Y $200 $3,440 1708 Purefoy Drive 9870555741 $3,240 Y $200 $3,440 1800 Purefoy Drive 9870643465 $3,240 N $2,824 $6,064 1810 Purefoy Drive 9870644463 $3,240 Y $200 $3,440 100 .Edgar Street 9870640249 $3,240 Y ~ $200 $3,440 101 Edgar Street 9870548310 $3,240 Y $200 $3,440 a D c7 rn z cn Physical Address .Street Name PlN Water Availability Feel Meter Box In Plece? (Y/N) Meter? Service Installation + Meter3 Total Connection Cost4 102 Edgar Street 9870640346 $3,240 Y $200 $3,440 103. Edgar Street 9870548317 $3,240 Y $200 $3,440 104 ~ Edgar Street 9870640432 $3,240 ~ Y $200 $3,440 106 Edgar Street 9870640487 $3,240 Y $200 ~ ;$3,440 108 Edgar Street 9870640573 $3,240 Y $200 $3,440 110 Edgar Street 9870640579 $3,240 Y $200 $3,440 No Address Edgar Street 9870548703 $3,240 N X52,824 $6,064 No Address Edgar Street 9870558009 $3,240 N $2,824 $6,064 No Address Lizzie Lane 987065014 $3,240 N $2,824 $6,064 100 Lizzie Lane 9870640767. $3,240 N $2,824 $6,064 100 Phoenix Drive 9870648371 $3,240 Y $200. $3,440 101 Phoenix Drive 9870646390 $3,240 Y $200 $3,440 102 Phoenix Drive 9870646390 $3,240 Y $200 $3,440 103 Phoenix Drive 9870646397. $3,240. Y $200 $3,440 104 Phoenix Drive 9870648463 $3,240 Y $200 $3,440 105 Phoenix Drive 9870646493 $3,240 Y $200 ~ $3,440 106 Phoenix Drive 9870648469 $3,240 Y $200 $3,440 108 Phoenix Drive 9870648565 $3,240 Y $200 $3,440 109 Phoenix Drive 9870646499 $3,240 Y $200. $3,440 110 Phoenix Drive 9870648661 $3,240 Y $200 $3,440 111 Phoenix Drive 9870646691 $3,240 Y $200 $3,440 112 Phoenix Drive 9870648667 $3,240 ~' $200 $3,440 113 Phoenix Drive 9870646697 $3,240 Y $200 $3,440 114 Phoenix Drive 9870648763 $3,240 Y $200 ~ $3,440 115 Phoenix Drive 9870646793 $3,240 Y $200 $3,440 116 Phoenix Drive 9870648769 $3,240 Y $200 $3,440 x.17 Phoenix Drive 9870646798 $3,240 Y $200 $3,440 118 Phoenix Drive 9870648864 $3,240 Y $200 $3,440 119 Phaehix Drive 9870646884 $3,240 Y $200 $3,440 No Address Phoenix Drive 9870646595 $3,240 N $2,824 $6,064 No Address Phoenix Drive 9870648960 $3,240 N $2,824 $6,064' 105 Zieger Lane 9870537702 $3,240 Y $200 $3,440 100 Cattail Lane 987063160 $3,240 Y $200 $3,440 No Address Cattail Lane 9870631707 $3,240 N $2,824 $6,064 8030 Sandberg Lane 9870637316 $3,240 Y $200 $3,440 C17 N Physical Address Street Name. PIN Water Availability Feel Meter Box Ln Place? (Y/N) Meter2 Service Installation + IV~eter3 Total Connection Cost4 1804 Billabong 9870636032 $3,240. N ~ $2,824 $6,064 1920 Homestead 9870710609 $3,240. N $2,824 $6,064 2004 Homestead 9870811605 $3,240 N ~~,824 $6,064 Subtotals 4 $217,080 $9,000 $62,128 Grand Total Q' s $288,208 1. Residential water availability fees Gs of October 1, 2011, based on 2,500 square foot home (fees range from $1,226 to $7,394 depending on home size, as shown in Table 1A below) 2. Actual cost of meter 3. Cost of meter, plus cost for OWASA to install service line from water main to meter box 4. Does not include plumbing cost of service line from meter to house 5. Average cost = $288,208/67 properties = $4,301 per property Water Service Availability Fees fora 5/8-inch TABLE 1A. Meter at ASingle-Family Residence Home Size NSF Heated Areaj ~ Availability Fee* <1300 $1,226 1300-1700 $1,497 1701-2400 $1,895 2401-3100 $3,240 2101-3800 $4,405 >3800 $7,394 C11 w TABLE 2. Estimated Installation Costs of New Water Lirtes and Service Connections for 32 Properties along Bllabong Lane, Merin Road, and Meadow. Run Court (September 2011) 'Si'ze and Material Units Quantity Cost Total 16" DIP Waterline LF 438 ` $57 $25,027 16" DIP 45° Bends- EA 2 $2,203 $4,405 16" x 6" Reducer EA 1 $1,592 $1,592 6" Gate Valve EA 1 $1,128 $1,128 6" Biowoff Assembly. EA 1 $1,500 $1,500 12" DIP Waterline - LF 283, $46 $13,157 12" Gate Valve - EA 1 $2,183 $2,183 12"x 8" Tee EA 1 $2,349 $2,349 2" Gate Valve. EA 4 $52fi $2,104 2" Blowoff Assembly EA 4 $1,000 - $4,000 8" DIP Waterline LF 4672 $34 $157,026 12"x 8" Tap and Sleeve EA 1 $2,074 $2,074 8"x 8" Tee EA_ 1 $1,062 $1;062 8" Gate Valves EA 4 $1,540....... $6,16U 8" Tap and Saddle EA 32 $202 $6,453 Fire Hydrant EA 7 $1,812 $12,684 ' 8"x 6".Tee EA 7 $1,062 $7,434- 6" Gate Valve EA 7 $1,128 $7,896 6" DIP Waterline LF 175 $23 $4,025 3/4" CoppeFService Line LF ' 800 $14 $10,824 -Meter Box and Setter ' EA 32 $124 $3,964 Excavation LF 5393 $4L $221,113 Site Restoration LF 5393 $21 $114,601 Pavement Replacement LF 450 $120 $54,000 Design LS 1 $30,000 $30,000 Traffic Control- LS 1 $11,000 $11,000 Mobilization 10% 1 $70,776 _$70,776 Site Prep 5% 1 $35,388 $35,388 Permitting 3% 1 $21,233 $21,233 Construction Total $835,158 Engineering Cost (10%J $83,516 Construction -Observation _(5%J $41,758 Total $960,432 Contingency (2096) $192,086 onnection Costs (O WASH Availability Fees + Meter and Installation Casts) l $110,080 Grand Total z $1,262,5.98 1. Includes residential water availability fees as of October 1,2011, based on 2,500 square foot home (fees range from $1,226 to $7,394 depending on home size), plus OWASA meter 54 installation. Does not include cost of service line from meter to the house. 2. Average cost: $1,262,598 /5,393 LF = $234 per LF of installed water line, or .$1,262,598/32 properties = $39,456 per property served 55 TABLE 3. .Estimated Installation Costs of New Water Lines and. Service Connections for 93 Properties in the fox Meadow Vicinity (September 2011). Size and Material Units Quantity Cost Total 8" DIP Waterline LF 7953 $34 $267,300 8"x 8" Tee EA 3 $1,062 $3,185 8" x 8" Cross EA 1 $1,713 $1,713 8" Fittings EA 45 $717 $32;262 - 8" Gate Valves EA 22 $1,540 $33,880 6" DIP Waterline LF 1093 $23 $24,855 8" x 6" Tee EA 15 $1,Ob2 $15,930 6" Gate Valve EA 15 $1,128 $16,920 8"x6" Reducer EA 3 $527 $1,581 4" DIP Waterline LF 816. $17 $13,627 4" Gate Vales EA 3 $698 $2,094 8"x4" Tee EA 3 $504 $1,512 Fire Hydrant EA 15 $1;812 $27,177 2" Gate Valve EA 6 $526 $3,157 2" Blowoff Assembly EA 8 $1,000 $8,00.0 8" Tap and Saddle EA 93 $202 $18,754 3/4" Copper Service Line LF 2325 $14 $31,457 Meter Box and Setter EA 93 $124 $11,519 Excavation LF 9862 $41 $404,342 Site Restoration LF 98.62 $21 $209,568 Pavement Replacement SQ YD 1095 $120 $131,400 Design LS 1 $75,000 $75,000 Traffic Control LS 1 $20,000- $20,000 Mobilization 10% 1 $135,523 $135,523 Site Prep 5% 1 $67,762 $67,762 Permitting 3% 1 $40,657. $40,657 Construction Total $1,599,174 Engineering Cost (10%J $159,917 Construction Observation (5%~ $79 959 Total $1,839,050 Contingency (20%J $367,810 Connection Costs (OWASA Availability Fees + Meter and Installation Costs)1 $319,920 Grand Total Z $2,526,781 1. Includes residential water availability fees as of October 1, 2011, based on 2,500 square foot home (fees range from $1,226 to $7,394 depending on home size), plus O WASH meter. installation. Does not include cost of service line from meter to the house. 56 2. Average cost: $2,526,781 /9,852 LF = $256 per LF of installed water line, or $2,526,781/93 properties = $27,169 per property served II Y ;,. ,a 7~N _ OWASA Water Service in the Rogers Road Vicinity ~~~ . :;,,, .r,;... as of September 2011 ~~~ ~~`'~~~~~~~~_~ ~~~ ~~~ ~;,~~. ~ . .Ym:~; +~* .,~ vim. I ' ~ .,, P ; ~* 60 ' . . b /~ .., 6 r. i .. Z • ~ G i ~ ~1' ~~ Q 4 .g ~ •~ ~ ~ ~ x ~ ~ W 4 ~ 4 i ~. ,G ~ ~ ~ /p ~ - E L~G • ~ ~ '/ ~ ~ ' ~ ~~ ~ l ` y ' Neville Tract ~ /~ /~. " ~„i1 (Orange County) r. Greene Tract (Oran e Co n g u ty) ] • ~~ ~ j _ °i cr r { u %~ ~ ~ auaeror ~ - - - Greene Tract e ~/ ~ (Joint Ownership ) Irpe o . •~ t ~ 4 r. ':<t~ x ,.~ m a . . . . , r rv I • W R NSWA .. . J J ~~ • E~ •T N R ` y • rn m I ~ E S n F G ' BERINGER:P ~ ~ ` ',~ f r,'~ Rte, til,"~il ~~ ^ 9' j' ~ c F I: ,: ,m, ~ a r.~~~ ~" / ~ i ~ p 4 ~EUI m '° ~ ~ ~ R .F . • m-- O BIUA . BONG L N RO ~ 4Rik \ . ~+ ~~ k., b. • ;:o , ~~ • . :- ~ Legend =, •~. ~ ;,, ;,. .,, , ~ ;, : ,. . . _i • R~ •, • Skeet Address G R - EautNy Naar Main S~ v ~01W15A Serviu B.uMary V ..:: ,~ m - - .ro _ ~,. m :m ORop.ra Road Mrotork Area (Onnpe counN)ZBB] • . ~~ °' , ..~ ~ ••m .: '~ . :~ Lentlbcked wi1N No Exiatln Structure p . ;.: .o, . C E ~~: y ,. '~ ,,,, F ~ . RAFS~EAQ*k lanMocked v.#N Eviatn03Wduro .jtp'g 0., p' Ci : ... ° o w ~~~ O Could Be Senrod vAU Potemiel4War MaM Exlenabn Q 210 42Q ~Q t,28p ~,~ 0 A . •,.. •• - Could Be Servetl vAM PoteMlel Webr Main Eabnabn .+ I FBet ~ 6 • 4~ ZL^gg ~ Schedubd Te Be Connadetl vMN CDBG Funding can.mwt.rcn.ror~ra 1 inch = 225 teat ~ ~ ~ " z OWASA ONYtar AVaIMkN ~ ~ ~'~ ~ 'o2y a • ..~....... G ATTACHMENT 6 ORANGE COUNTY P.O. BOX 8181 Office of the County 200 S. CAMERON STREET Attorney HILLSBOROUGH, NC 27278 To: Bernadette Pelissier, Chair Steve Yuhasz, Vice Chair Valerie Foushee Alice M. Gordon Pam Hemminger Barry Jacobs Earl McKee CC: Frank Clifton, County Manager From: John-Roberts Date: September 20, 2011 Re: Landfill Post-Closure Costs and Liability Attached to this memorandum is a memo from me, Ralph Karpinos (Chapel Hill Attorney), and Mike Brough (Carrboro Attorney). The memo is the product of a meeting we had to discuss post-closure costs and liability for the Municipal Solid Waste ("MSW") landfill. The purpose of this cover memorandum is to add information to assist in your decision-making going forward. The Towns' attorneys are distributing the subject memo today. I believe they will include cover memos which advise that the Towns' boards may want to take positions on 1) the- County's decision not to construct atransfer -station, 2) the County's decision to contract with Durham to accept MSW from Orange County and its municipalities, and 3) the issue of how long the landfill should remain open. At this time I don't know whether they will include a recommendation for addressing closure and post-closure costs and liability through an interlocal agreement. My recommendation is that the Board of Commissioners begin pursuing with the Towns' governing boards an interlocal agreement that addresses closure and post-closure costs and liability. Without such an agreement Orange County will be solely responsible for both costs and liability. The Towns, through tipping fees, will continue to contribute to the fund for closure .and post-closure costs and liability. However, once the MSW landfill is closed that source of revenue will no longer be available. For that reason, if no interlocal agreement can be reached, tipping fees will likely need to be increased to the greatest extent possible for the remainder of the life of the MSW landfill. There are other policy and political considerations related to this issue that I will leave to others to discuss. Considering the uncertainty surrounding the date of closure of the MSW landfill and the time involved in negotiating with the Towns, if the Board of Commissioners desires to have an interlocal agreement that addresses closure and post-closure costs and liability the process should begin immediately. 58 59 To: Orange County Commissioners Carrboro Board of Aldermen Chapel Hill Town Council From: John Roberts, Orange County Attorney Michael Brough, Carrboro Town Attorney Ralph Karpinos, Chapel Hill Town Attor-ney Date: September 20, 2011 Re: The 1999 Interlocaa Agreement for Solid Waste Management (the "Interlocal Agreement") On September 13, 2011 the attorneys for Orange County (the `County") and the Towns of Carrboro and Chapel Hill (the "Towns") met to discuss issues related to solid- waste disposal in Orange County. Among the items discussed were whether the Interlocal Agreement adequately addresses Municipal Solid Waste ("MSW") disposal in Orange County upon the closure of the MSW Landfill and whether the Interlocal Agreement adequately addresses post-closure costs related to the MSW Landfill. Section 1 of the Interlocal Agreement provides that the County will provide and operate "System Management Facilities suitable for the disposition of Solid Waste by the County..." System Management Facility is defined as "those assets of the System used to provide (a) final disposal of solid waste, including construction and demolition waste, such as landfills, or (b) any other handling or processing of materials placed in the custody of the System, such as_ transfer stations, materials recovery facilities for cleaning, sorting or other processing of recyclable material." After considering and discussing these definitions and various other sections of the Interlocal Agreement the consensus opinion of the attorneys is that, upon the closure of the MSW Landfill and absent the opening of a successor facility such as a landfill or transfer station, the Interlocal Agreement is essentially terminated for purposes related to the disposal of MSW. If it is the desire of the governing boards for the County to 60 continue its role as the lead agency for MSW disposal in Orange County there must be anew interlocal agreement prepared to address how that will occur. The Interlocal Agreement appears to separately address Construction and Demolition ("C&D") disposal and recycling. For- that reason it is the consensus opinion of the attorneys that the County's responsibility for C&D disposal at the C&D Landfill will continue as will Orange County's responsibility for providing recycling. For- future reference tipping fees at the C&D Landfill are separate from tipping fees at the MSW Landfill and recycling fees are- collected on an annual basis as part of the County's- 3R program and are not related to the MSW or C&D landfills. Section 1 of the Interlocal Agreement also provides that "The County will assume all liabilities, including environmental liabilities related to the ownership of the System..." The consensus among the attorneys is that this provision places full responsibility for post-closure costs related to the MSW Landfill on the County. At the present time the 30-year sum of post-closure costs is estimated to be $10.7 million with reserves on hand to address these costs estimated at $3.9 million. Another $6.1 million is available for equipment reserves. Absent an interlocal agreement to address post-closure costs the Towns' contributions #o these costs will end upon the closure of the MSW Landfill and the cessation of the Towns' required tipping fee payments. ATTACHMENT 7 61 Proposed Solution for Solid Waste Illegal Dump Sites Orange County must~omply with I~CGS 130A-309.09A, 14-399, 15~A-136 and Orange County Ordinances Sec 34-39 Aetion to assist the Rogers Road Community: County would hire an independent contractor to clean up theirindividual parcels, with the owner's permission, and the county will assist the property owners- with the process. a. Establish a 3/4 mile radius around the landfill, mail a notice to all property owners_anno_uncing_the_program, and_explaining how to apply. b. County would send out an RFP to select a contractor and lock ire unit costs pricing that would apply to all parcels. (1) c. Property owner would sign a release to participate,. releasing Orange County from liability. d. The County does not assume responsible or liability, each property owner is responsible for their own property. e. County could wave tipping fees for contractor. f. County would require that all material would be delivered to the Orange County Landfill. g. Property owners will be given 180 days to decide if they want to participate. (1) Guidelines for OC approved vendor? E.g. -guidelines for estimating cleanup costs, material limitations such as for recycling, currently existing materials, pictures of each pile/group of dumped items prior to cleanup for verification, et. range C°un f ~ ers R°ad III Y Landfill Area e al Dum -n Eubanks boa Ren7ed-ation d} Area '3/4 Mile Buffer i JPq C'h' limits Lan~li Parcels .•• • ~•. N o ' 1,SOp feet ' 7 1n~ Feet ~an9e County pin , GI3 Map Prepay bb arnl Inspections Y Brian Carson. O9/~il~t ATTACHMENT 8 63 ONE COMPANY ~ ~ ~ O ~~ Many Solutions"' To: Gayle Wilson (Orange County) ~ From: Doug DeCesare (HDR) Project Orange County MSW Landfill cc: Ed Shuffler (HDR) Date: -October 28, 2010 Job No: 35207-142839-018 Revised February 3, 2011 RE: MSW Landfill Expansion Capacity Under Work Order No. 2 HDR has prepared different options regarding. the proposed final. grades of the landfill. It is intended to prepare a permit modification thatlevises the current permitted side slopes of 4:1 to 3:1. The steeper side slopes provide better drainage, enhances -positive drainage after settlement, and provides additional capacity. If th~ revised {permitted capacity of the landfill increases by 10% or more, North Carolina General Statutes considers the permit modification-to be a substantial- amendment. A substantial amendment requir-es public involvement during the review and approval process with NCDENR. The public involverrrent process would generally follow 1bNCAG 13B .16D3(c) of the -Solid Waste Management Rules. Upon approval of a substantial amendment, NCDENR would prepare a draft permit and -a fact sheet for the applicant and anyone-who may request a copy. When the draft permit is ready, NCDENR would give public notice that a draffpermit has been prepared at_which time a 45-day public comment period is opened and/or a public hearing is scheduled. The public notice may be in the form of publication in a daily or weekly local-newspaper of general circulation or by posting the notice in the post office and public places of the municipalities nearest the site. All comments received would be considered by NCDENR in making the final decision. At the time of final permit decision, NCDENR would provide a response to all cemments received. Currently tlie~ottom third of the landfill has been constructed at slopes steeper than 4:1 to account for future settlement. HDR has- projected the remaining final grades at a 3:1 beginning at existing side slopes that closely represent 3:1 slopes. By projecting 3:1 slopes-and remaining below the 10% threshold, the landfill would have a remaining capacity of about 452,000 CY as of 3/19/10 (date of latest survey). At 51,120 tons/year and a-waste density of 1,320 Ib/cy, the remaining site life would be 70 months and reach capacity in January 2016. Additional capacity could be- realized -beyond the 452,000 CY if the 10% threshold were exceeded: In the event the County elects to maximize the landfill, HDR projected the final grades at a 3:1 slope from the existing slopes to a higher elevation that results in a remaining capacity of about 530,000 CY. In this case the remaining site (ife would be 82 months and reach capacity in January 2017. Maximizing the landfill capacity based on these grades is achievable and can be easily constructed. If the County was interested in reworking. all the slopes and begin the 3:1 slopes at the toe of the landfill (at the base liner anchor trench), the maximum- capacity of the landfill would be greater than 530,OOD CY. In addition to projecting the 3:1 slopes from the existing slopes, HDR projected grades from-the toe of the landfill which creates an additional wedge of airspace between the existing slopes and the projected slopes. Wth the additional wedge, the maximum remaining capacity of the landfill is about 617,000 CY. This yiePds a remaining site life of about 96 months which reaches capacity in March 2018. Per our meeting October 27, 2010, i# was concluded to proceed with the permit modification such that the 10% threshold will not be exceeded. Unless otherwise directed by the County, HDR proceeded with the preparation of a permit modification to steepen the side slopes and remain under the 10% capacity increase threshold. HDR Engineering, Inc. 13733 NaBonal Drive I Phone (919) 785-1118 I Page 1 of 1 C:lpwworkingltpa1d023525112011-02-04 DTD-Wilson Capacity Memo.DOC Suite 207 Faz (919) 7651187 Raleigh, NC 27812 www.hdrinc.com 64 Current Permit Grades and Current Conditions ~- Ct~2RENT PERMIT FINAL GRADE r ~_ z i f- EX1STItdG'LANDFILt-~ _ GRADE AS OF 3/19M0 `fit ~iTOM ~ LANDFILL OPTION 1: < 10% Volume Increase, No Slope Wedge R. 65 OPTION 2: >10% Volume Increase, No Slope-Wedge a ~P~opOS~U"FTNnLGRA6~"I>i'~G6Li~CR~ASq' ~ ~ , ~+ _.__._:......__.:-...-._ ..:..... ......;s............ -.... OPTION 3: <10% Volume Increase with Slope Wedge a ~~ ~ .. r ~PR~o3EDMlWMUMfINALGRAD -s ~ z ~ ; _..~--- u _.i~..._...~_... ~ ~ __._ '~ ~ BOTTOM OFLANDFlLL BOTTOM OF I.ANDFlLL _. ... -... 66 1. 452,000 CY Remaining 70 Months ~ January 2016 • Revise slopes from 4:1 to 3:1 • Less-than 10% capacity increase • Additional 191,591 CY or 126,450 tons Advantaees • No-public involvement process • Extended site life • Additional tipping fees ($50 x 126,450 extra tons = $6,322,500) comps;-ed to existing permitted capacity - • Easily constructed and maintained side slopes • Does not exceed existing permitted height . consistent with existing slope construction No additional cell construction Disadvantages • Does not maximize potential airspace • Extended site life may have negative impact on public perception 2. 530,000-CY Remaining Advantaees 82 Months Extended site life January 2017 Additional tipping fees ($50 a 177,930 extra tons $8,896,500) compared to existing permitted capacity • Revise slopes from 4:1 to 3:1 Easily constructed and maintained side slopes to • Maximum landfill height achieve maximum airspace • Additiona1269,591 CY or Consistent with existing slope construction 177,930 tons No additional cell construction Disadvantaees • Public involvement process • Construction permit application renewal (5-yr permit) • Slightly increases_overall landfill height • Extended site life may have negative impact on public perception 3. 617,000 CY Remaining Advantases 96 Months Extended site life March 2018 • Additional tipping fees ($50 -x 235 350 extra tons = , $11,767,503) compared to existing permitted • Revise slopes from 4:1 to 3:1 capacity • Maximum landfill height • Maximum airspace • Includes slope wedge No additional cell construction- s Addiflona1356,591 CY or Disadvantages 235,350 tons • Public involvement process • Construction permit application renewal (5-yr permit). - • Slightly increases overall landfill height • Considerable difficulty in constructing wedge airspace. recovery over existing constructed side slopes • Extended site life may have negative impact on public perception ATTACHMENT 9 Summary Worksheet: CLOSURE AND POST-CLOSURE COSTS Facility: Orange County MS W Landf 11 Permit Number: 68-01 Facility Address: Eubanks Road, Chapel Hill, North Carolina Facility Owner: Orange County, North Carolina Representative Completing Format: Draper Aden Associates, William G. Hase, P.E. Draper Aden Associates, Joel C. Daniel, P.G. Date Completed: August 23, 2011 North Side Closure Costs: $0 Post-Closure Care Costs: $1,756,988 Corrective Action: $583,011 South Side Combined $3,116,720 $3,116,720 $2;484,555 $4,241,544 $0 $583,011 Totals: $2,340,000 $5,601,276 $7,941,275 Notes: 1. North Side unit closed in 1998, remaining post-closure period = 17 yeazs. 2. South Side closure costs include Phase 1 through Phase 4. 3. North Sidepost-closure unit costs shown are in 2000 dollars. 4. South Side unit costs shown are in 1998 dollars. 5. North Side corrective action unit costs shown are in 2009 dollazs. 6. Costs include gas collection and camtrol system as approved in October 8, 2009 permit modification, less components installed in 2011. 7. Final costs adjusted for annual inflation and include 2011 inflationary multiplier of 1.01. 8. Additional items added to South Side closure costs in August 2011 (Section XIX). 67 DAA #R00592-00 68 Closure/Post-Closure/Corrective Action Cost Estimate Orange County MSW Landfill Orange County, North Carolina DAA #R00592-00 North Side of Eubanks Road Preparation Date: August 23, 2011 Closure Costs -Closure Completed in 199-8 I. Native Soil. for Cap Cushion a. Area to be capped 0.0 acres b. Depth of native soil forslope and fill 0 inches c. Quantity of native soil needed 0 cubic yards d. Excavation unit cost $1.36 per cubic yard e. Placement and spreading unit cost $0.92 per cubic yard f. Compaction unit cost $0.16 per cubic yard g. Total native soil unit cost $2.44 per cubic yard h. Delivery Cost $0.00 i. Percent compaction 25% j. Total Native Soil Cost $0.00 II. Topsoil a. Area to be capped 0.0 acres b. Depth of topsoil needed 6 inches c. Quantity of topsoil needed 0 cubic yards d. Purchase unit cost $0.00 per cubic yard e. Delivery unit cost $0.00 per cubic yard f. Spreading unit cost $2.28 g. Compaction unit cost $0.00 h. Total topsoil unit cost $2.28 i. Percent compaction 25% j. Total Topsoil Cost $0.00 III. Drainage a. Area to be capped 0.0 acres b. Depth of sand or gravel needed 0 inches c. Quantity of sand or gravel needed 0 cubic yards d. Purchase unit cost for sand $5.98 per cubic yard e. Purchase unit cost for gravel $4.19 per cubic yard f. Delivery unit cost $5.00 per cubic yard g. Spreading unit cost for sand or gravel $1.12 per cubic yard North Side -Page 2 08/23/2011 69 h. Compaction unit cost for sand $1.62 per cubic yard i. Compaction unit cost for gravel $1.33 per cubic yard j. Total drainage unit cost $11.64 per cubic yard k. Percent compaction 5% 1. Total Drainage Layer Cost $0.00 IV. On-Site Clay a. Area to be capped 0.0 acres b. Depth of clay needed 18 inches c: Quantity of clay needed- 0 cubic yards d. Excavation unit cost $1.3b per cubic yard e. Placement/spreading unit cost $0.92 per cubic yard -f. Compaction unit cost $0. I-6 per cubic yard g. Total on-site clay unit cost $2.44 per cubic yard h. Percent compaction 25% I. Total On-Site Clay Cost X0.00 V. Off-Site Clay a. Area-to be capped 0 acres b. Depth of clay needed 0 inches c. Quantity of clay needed 0 cubic yards d. Purchase unit cost $5.17 per cubic yard e. Delivery unit cost $0.00 per cubic yard f. Spreading unit cost $1.12 per cubic yard g. Compaction unit cost $2.62 per cubic yard h. Total off-site clay unit cost $8.91 per cubic yard i. Percent compaction 4°io j. Total Off-Site Clay Cost $0.00 VI. Drainage Tile a. Length of drainage the needed 0 linear feet b. Tile unit cost (for PVC pipe) $0.54 per linear foot c. Trenching and backfilling unit cost $0.61 per linear foot d. Total drainage unit cost $1.15 per linear foot e. Total Drainage Tile Cost $0.00 VIL Synthetic Membrane a. Quantity of synthetic membrane needed 0 square yards b. Purchase unit cost $2.83 per square yard c. Delivery unit cost $0.27 per square yard d. Installation unit cost $0.54 per square yard e. Total synthetic membrane unit cost $3.64 per square yard f. Total Synthetic Membrane Cost $0.00 North Side -Page 3 08/23/2011 ~o VIII.- Geotextile Filter Fabric a. Quantity of filter fabric needed 0 square yards b. Purchase unit cost ~ $0.71 per square yard c. Delivery unit cost $0.06 per square yard d. Installation unit cost $0.49 per square yard e. Total geotextile filter fabric unit cost $1.26 per square yard f. Total Geotextile Fil-ter Fabric Cost $0.00 IX. Soil Admixture a. Area to be capped 0 acres b. Soil admixture unit cost $7.34 per square yard c. Total Soil Admixture Cost $0.00 X. Native Soil for Cover a. Area to be capped 0 acres b. Depth of soil needed 24 inches c. Quantity of soil needed 0 cubic yards d. Excavation unit cost $1.36- per cubic yard e. Placement and spreading unit cost $0.54-per cubic yard f. Compaction unit cost $0.00 per cubic yard g. Total native soil unit cost $1.90 per cubic yard h. Delivery unit cost $0.00 per cubic yard i. Deliver cost $0.00 j. Percent compaction 25% k. .Total Native Soil Cost $0.00 XI. Soil Testing a. Number of acres to be capped 0 acres b. Testing unit cost $174.00 per acre c. Total Soil Testing Cost $0.00 XII. Vegetative Cover a. Number of acres to be vegetated 0 acres b. Unit cost for soil preparation, grading, seed, and fertilizer $2,176.00 per acre c. Total Vegetative Cover Cost $0.00 XIII. Gas Management System a. Number of acres of landfill to be closed 0 acres b. Number of landfill gas monitoring probes to be installed 0 each c. Number of landfill gas vents to be installed 0 each d. Length of landfill gas vents 0 linear feet e. Landfill gas control vent unit cost $1,088.00 per vent North Side -Page 4 08/23/2011 71 f. Landfill gas monitoring probe unit cost $43.52 per linear foot g. Total landfill gas control vent cost $"0.00 h. Total landfill gas monitoring probe cost $0.00 i. Total Landfill Gas Management System Cost $0.00 XIV. Groundwater Monitoring System a. Hydrogeologic study unit cost $0.00 b. Monitoring well construction unit cost $1,333.00 per well c. Unit cost for additional well length over 50' $23:94 per foot Number of wel-ls 0 Additional feet over 50' 0 d. Total monitoring well cost $0:00 e. Total Groundwater Monitoring Cost X0.00 XV. Mobilization & Demobilization a. Cost for Mobilization Demobilization $0 XVI. Surveyand Deed Notation a. Cost for Survey and Deed Notation $0 XVIL Closure Certification a. Closure Certification Costs $0 City Cost Index (CCIJ 100.0 Adjusted Total Costs $p Total, Closure Cost Estimate $Q Post Closure Costs - 2000 dollars Remaining Post-Closure Period 17 years I. Groundwater Monitoring Costs a. Total number of monitoring wells 12 b. Total number of samples per year 2 c. Assessment unit monitoring costs $1,200.00 per sample d. Total assessment monitoring costs $28,800.00 per year e. Total Groundwater Monitoring Cost $489, 600.00 II. Gas Monitoring a. Frequency of testing 4 rounds per year b. Number of gas probes installed 19 each North Side -Page 5 08/23/2011 72 c. Gas monitoring unit cost $254.00 per round d. Total Gas Monitoring Cost $1, 016.00 per year III. Leachate Management a. Private disposal unit cost $0.11 per gallon b. POTW disposal unit cost $0.03 per gallon c. Direct discharge to POTW unit cost $0.03 per gallon d. Amount of Leachate generated 0 gallons/year e. Loading/unloading time unit cost $116.75 per 5000 gal. trk f. Number of trucks 0 per year g. T-atal cost for loading/unloading 0 Number of miles over 5 mile haul distance 0 miles h. Additional cost for haul distance $0.00 per truck i. Total cost for loading/unloading $0.00 j. Total Leachate cost, private disposal $0.00 per-year k. Total Leachate cost, POTW disposal $0.00 per-year 1. Total Leachate cost, direct discharge $0.00- per year m. Total Leachate Management Cost $0.00 per year IV. Routine Maintenance and Repairs a. Mowing frequency 1 per year b. Area involved in maintenance and repairs 50 acres c. Mowing unit cost per visit $15.22 per acre per visit d. Total mowing cost -$761.00 per year e. Fertilizer unit cost $508.00 per acre f. Total fertilizer cost per year $1;016.00 per year g. Reseeding/Mulch unit cost $710.00 per acre- h. Total Reseeding/Mulch cost $1,420.00 per year i. Mobilization/demobilization cost per year $102.00 per year j. Total Maintenance and Repairs Cost Per Year $3,299.00 per year V. Vector and Rodent Control a. Total Vector and Rodent Control Costs $1, 015.00 per year VI. GCCS System a. Conversion of 36 gas vents to active extraction wells $0.00 lump sum -(Work completed in 2.011) b. GCCS Maintenance $912,000.00 lump sum c. Decommission of LFG extraction wells $10,800.00 lump sum d. Total GCCS System $922,800.00 lump sum City Cost Index 100.0 North Side -Page 6 08/23/2011 73 Adjusted Total Costs, exclusive of GW Monitoring and GCCS $5,330.00 Adjusted Groundwater Monitoring Cost $489,600 Subtotal Post-Closure Care and Monitoring $580,210 Contingencies @ 10% $58,021 Consulting Fees @ 2.5% $14,505 subtotal, 2000 dollars, exclusive of GCCS $662,73-6 Adjusted Past=Closure Costs, 2011 dollars- $1,756,988 (Including GCCS) Net adjustment for_ 2000 to 2011 inflation 1.247 2001 = 2.1% 2002. = 2.2% 2003 = 1.1 % [per DENR August 8, 2003] 2004 = 1.6% -[per DENR August 10, 2004] 2005 = 2.1% [per DENR July 29, 2005] 2006 = 2.8a/o [per DENR August 3, 2006] 2007 = 2.9% [per DENR August 13, 2007] 2008 = 3.1 % [per DENR -July 8, 2008] 2009 = 2.2% [per DENR June 3, 2009] 2010 = 1.2% [per DENR July 28, 2010] 2011 = 1.0% [per DENR January 1, 2011] Corrective Action Costs - 2009 Dollars I. Groundwater Monitoring Costs - MNA a. Engineering services b. Sampling fees - MNA parameters (assumes 1 hr perwell - 6 wells) Laboratory fees - MNA parameters (assumes 6 samples at $a6s each c. (incl io~io m/u) d. Subtotal Monitoring and Reporting e. Total Monitoring and Reporting for 1 Year (2 events) f. -Total Monitoring and Reporting II. Injection Well Construction a. Engineering services b_ Well construction (assumes 2 injection wells) $3,700.00 $528.00 $2,790.00 $7,018.00 per event $14,036.00 per year $ 70,180.00 for 5 years $3,000.00 $18,000.00 North Side -Page 7 08/23/2011 74 c. Total Well Construction and Reporting $21, 000.00 for 1 year III. HRC Injection and Groundwater Monitoring a. Engineering services $3,Ofl0.00 b. HRC Compound ($0.52 perpouna, withl0% m/u, + shipping} $132.00 per year c. Sampling fees -injection byproducts (assumes i hr perwen - s wens) $440.00 Laboratory fees -injection byproducts (assumes s samples at $ass each d. (incllo°~°m/n) $1,415.00 e. Subtotal Monitoring and Reporting $4,855.00 per event f. Total Monitoring and Reporting for 1 Year- (2 events) $9,710.G0 per year g. Total Monitoring acrd Reporting ((b x S) + (f x S)) $49, 210.00 for S years IV. Direct Oxidation and Groundwater Monitoring a. Engineering services $3,000.00 b. Direct Oxidation Compound (szss per s-lb bucket, with to°i° ~„> $313.00 c. Sampling fees -injection byproducts (assumes > hr per welt - 6 webs) $530.00 Laboratory fees -injection byproducts (assumes 6 samples at $162 each d. (incl io°i° mru}- $972.00 e. Subtotal Monitoring and Reporting $4,815.00 per event e. Total Monitoring and Reporting for 1 Year (2 events) $9,630.00 per year f. Total M©nitoring and Reporting ((b x S) + (e z~S)) $48,150.00 for S years IV. Hydrogeologic Control a. Engineering services $15,000.00 b. Well construction (assume 4 additional wells) $40,000.00 c. Pumps and accessories (5 wells) $15,000.00 d. Install power supply to all 5 wells $200,000.00 d. Sampling fees $0.00 e. Laboratory fees $0.00 f. Subtotal Well Construction-and Reporting $270,000.00 implementation g. Operations and Maintenance $15,000.00 per year h. Total for Hydrogeologic Control (f + (gx5)) $330, 000.00 for 4 years City Cost Index 100.0 Contingencies @ 10% $51 854 Corrective Action Costs, 2009 dollars $570,394 [for 17 years} Net adjustment for 2009 to 2011 inflation 1.022 2010 = 1.2% [per DENR July 28, 2010] 2011 = 1.0% [per DENR January 1, 2011] Adjusted Post-Closure Costs, 2011 dollars $583,011 North Side -Page 8 08/23/2011 ~5 Clos-ure/Post-Closure Cost Estimate Orange County MSW Landfill Orange County, North Carolina DAA #RD0592-00 South Side of Eubanks Road (includes Phase 1, 2, 3, and 4) Preparation Date: August 23, 2011 Closure Cosh - X998 Dollars Note: Costs adjusted at end of table for inflation. I. Native Soil for Cap Cushion a. Area to be capped 25.9 acres b. Depth of native soil for slope and fill 18 inches c. Quantity of native soil needed 62,678 cubic yards d. Excavation unit cost $1.36 per cubic yard e. Placement and spreading unit cost $0.92 per cubic yard f. Compaction unit cost $0.16 per cubic yard g. Total native soil unit cost $2.44 per cubic yard h. Delivery cost $0.00 i. Percent compaction 25% j. Total Native Soil Cost $191,167.90 II. Topsoil a. Area to be capped 25.9 acres b. Depth of topsoil needed 6 inches c. Quantity of topsoil needed 20;893 cubic yards d. Purchase unit cost $0.00 per cubic yard e. Delivery unit cost $0.00 per cubic yard f. Spreading unit cost $2.28 g. Compaction unit cost $0.00 h. Total topsoil unit cost $2.28 i. Percent compaction 25% j. Total Topsoil Cost X59, 544.10 III. Drainage a. Area to be capped 25.9 acres b. Depth of sand or gravel needed 0 inches c. Quantity of sand or gravel needed 0 cubic yards d. Purchase unit cost for sand $5.50 per cubic yard e. Purchase unit cost for gravel $3.85 per cubic yard South Side -Page 9 08/23/2011 76 f. Delivery unit cost $4:60 per cubic yard g. Spreading unit cost for sand or gravel $1 fl3 per cubic yard h. Compaction unit cost for sand $1.49 per cubic yard_ i. Compaction unit cost for gravel $1.22 per cubic yard j. Total drainage unit cost $10.70 per cubic yard k. Percent compaction 5% 1. Total Drainage Layer Cost $0.-00 IV. On-Site Clay a. Area to be capped- 25.9 acres b. Depth of clay needed 18 inches c. Quantity of ol-ay needed 62,678 cubic yards d. Excavation unit cost $1.36 per cubic yard e. Placement/spreadirig unit cost $0.92 per cubic yard f. Compaction unit cost $0.16 per cubic yard g. Total on-site clay unit cost .$2.44 per cubic yard h. Percent compaction 25% i. Total On-Site Clay Cost $191,167.90 V. Off=Site Cf$y a. Area to be capped 25.9 acres b. Depth of clay needed 0 inches c. Quantity of clay needed 0 cubic yards d. Purchase unit cost $4.75 per cubic yard e. Delivery unit cost $0.00 per cubic yard f. Spreading unit cost $1.03 per cubic yard g. Compaction unit cost $2.41 per cubic yard h. Total off-site clay unit cost $8.19 per cubic yard i. Percent compaction 4% j. Total Off-Site Clay Cost $0.00 VI. Drainage Tile a. Length of drainage the needed 4680 linear feet b. Tile unit cost (for PVC pipe) $0.54 per linear foot c. Trenching and backfilling unit cost $0.61 per linear foot d. Total drainage unit cost ~ 1.15 per linear foot e. Total Drainage Tile Cost $5,382.00 VII. Synthetic Membrane a. Quantity of synthetic membrane needed 125,356 square yards b. Purchase unit cost $2.83 per square yard c. Delivery unit cost $0.27 per square yard South Side -Page 10 08/23/2011 77 d. Installation unit cost $0.54 per square yard e. Total synthetic membrane unit cost $3.64 per square yard f. Total Synthetic Membrane Cost $456,295.84 VIII. Geotextile Filler Fabric and Geonet a. Quantityof filter fabric needed 152,749 square yards b. Purchase-unit cost $4.85 per square yard c. Delivery unit cost $0.06 per square yard d. Installation unit cost $0.49 per square yard e. Total geotextile filter fabric unit cost $5.40 per square yard- f. Total Geoteztile Filter Fabric Cost $824,844.60 IX. .Soil-Admixture a. Area to be capped 0 acres b. Soil admixture unit cost $6.75 per square yard c. Total Soil Admixture Cost $0.00 X. Native Soil for Cover a. Area to be capped 0 acres b. Depth of soil needed 24 inches c. Quantity of soil needed 0 cubic yards d. Excavation unit cost $1.25 per cubic yard e. Placement and spreading unit cost $0.50 per cubic yard f. Compaction unit cost $0.00 per cubic yard g. Total native soil unit cost $1.75 per cubic yard h. Delivery unit cost $0.00 per cubic yard I. Deliver cost $0.00 j. Percent compaction 25% k. Total Native Soil Cost $0.00 XI. Soil Testing a. Number of acres to be capped 25.9 acres b. Testing unit cost $174.00 per acre c. Total Soil Testing Cost $4,506.60 XIL Vegetative Cover a. Number of acres to be vegetated 25.9 acres b. Unit cost for soil preparation, grading, $2,176.00 per acre seed, and fertilizer c. Total Vegetative Cover Cost $56, 358.40 South Side -Page 11 08/23/2011 78 XIII. Gas Management System a. Number of acres of landfill to be closed 25.9 acres b. Number of gas monitoring wells $0.00 each c. Number of gas control vents 46 each d. Length of gas monitoring wells 20 linear foot e. Gas control-vent unit cost $1,088.00 per vent f. Gas monitoring well unit cost $43.52 per-linear foot g. Total gas control vent cost. $50,048.00 h. Total gas monitoring well cost $0.00 e. Total Gas Management System Cost- $S0; 048.00 XIV. Groundwater-Mon-itoring System a. Hydrogeologic study unit cost $0.00 b. Monitoring well construction unit cost $1,225.00 per well c. Unit cost for additional well length over 50' $22.00 per foot Number of wells 0 Additional feet over 50' 0 d. Total monitoring well cost $0.00 e. Total Groundwater Monitoring Cost $0.00 XV. Mobilization & Demobilization a. Cost for Mobilization Demobilization $22,500.00 XVI. Survey and Deed Notation . a. Cost for Survey and Deed Notation $2,175.00 XVII. Closure Certification a. Closure Certification Costs $2,175.00 City Cost Index (CCI) 100.0 Subtotal, Closure Cost Estimate $1,866,165 (1998 dollars) XVIII. Adjustments to Section XIII (per 2009 permit modification): Installation of 24 gas extraction wells $475,000 Less installation of 15 gas extraction wells in 2011 ($296,875) Enclosed flare and blower system $481,250 Less installation of flare and blower in 2011 ($481,250) Gas treatment and conditioning system $412,500 Less installation of system in 2011 ($412,500) Less previous estimate for vents ($72,680) T-otal adjustments (2009 dollars) $105,445 South Side -Page 12 08/23/2011 79 XIX. Miscellaneous Closure Items (costs added in 2011) a. Erosion and sedimentation control $20,000 Side slope diversion berms and drainage swales, 9500 b. linear feet @ $12 $114,000 c. Slope drains, 1680 linear feet at $15 $25,200 e. Reshape perimeter drainage channels, 44001inear feet @ $ $35,200 d. Cap membrane anchor trench, 42001inear feet @ $4 $16,800 e. Cap membrane boots around gas wells, 24 each @ $1,200 $28,800 f. Total Adjustment for Miscellaneous Closure Items $2~0, 000 Past Closure Costs - 2000 Dollars I. Groundwater Monitoring Costs a. Total number of monitoring wells- 13 b. Total number of samples per year 2 ~. Detection unit monitoring costs $710.00 per sample d. Total Detection Monitoring Costs $18,460.00 per year e. Total-Groundwater Monitoring Cost $553,800.00 for 30 years II. Gas Monitoring a. Frequency of testing 4 rounds per year b. Number of gas probes installed 19 each c. Gas monitoring unit cost $254.00 per round d. Total Gas Monitoring Cost $1, 016.00 per year III. Leachate Management a. Private disposal unit cost $0.11 per gallon b. POTW disposal unit.cost $0.03 per gallon c. Direct discharge to POTW unit cost $0.03 per gallon d. Amount of Leachate generated 222,650 gallons/year e. Loading/unloading time unit cost $116.75 per 5000 gal. truck f. Number of trucks 45 per year g. Number of miles over 5 mile haul distance 0 miles h. Additional cost for haul distance $0.00 per truck I. Total cost for loading/unloading $5,253.75 j. Total Leachate cost, private disposal $29,745.25 per year k. Total Leachate cost, POTW disposal $11,933.25 per year 1. Total Leachate cost, direct discharge $6,679.50 per year m. Total Leachate Management Cost ,$6, 679.50 per year South Side -Page 13 08/23/2011 80 IV. Routine Maintenance and Repairs a. Mowing frequency 1 per year b. Area involved in maintenance and repairs 25.9 acres c. Mowing unit cost per visit $15.22 per acre per visit d. Total mowing cost $394.20 per year e. Fertilizer unit cost $508.00 per acre f. Fertilizer cost $3,289.30 per year g. Reseeding unit cots $710.00 per acre h. Total reseeding cost $4,597.25 per year i. Mobilization/demobilization cost per year $102.OD per year j. Total Maintenance and ~Zepair s Cost Per Year ,$8, 382.75 per year V. Vector and Rodenf Control a: Total >%'ector and Rodent Control Costs $1, 01 S. 00 per year City Cost Index 100.0 Adjusted Total Costs $17,093.25 per year Adjusted Groundwater Monitoring Cost $553,800 for 30-years Total, Post-Closure Cost Estimate, 2000 dollars $1,066,597 Adjustment for 2001 inflation (x1.021) $1,088,996 Adjustment for 2002 inflation (x 1.022) $1,112,954 Adjustment for 2003 inflation (x 1.011) $1,125,196 Adjustment for 2004 inflation (x 1.016) $1,143,200 Adjustment for 2005 inflation (x 1.021) $1,167,207 Adjustment for- 2006 inflation (x 1.028) $1,199,889 Adjustment for 2007 inflation (x 1.029) $1,234,685 Adjustment for 2008 inflation (x 1.031) $1,272,961 Adjustment for 2009 inflation (x 1.022) $1,300,966- Adjustment for 2010 inflation (x 1.412) $1,316,577 Adjustment for 2011 inflation (x 1.01) $1,329,743 VI. GCCS System (costs added in 2009) a. Monitoring and maintenance of the GCCS system includin $960,000 trained staff, monitoring well heads and collection piping, repairs for settlement around wells and along piping, flare/blower system, treatment and conditioning b. Decommission LFG extraction wells, including well head $7,20-0 removal, capping of lateral lines to the header and installation of a coupling and candy-cane to each well. This will convert South Side -Page 14 08/23/2011 81 all wells to passive vents which will be the method of post- closure care from that point forward c. Total Adjustment for GCCS System $967, 200 Total Cost -Closure Subtotal Closure Costs, 2011 dollars (1998 estimate x inflation) $2,408,704 (excludes XVIII) Contingencies (10% of Subtotal) $240,870 Engineering Fees (5% of Closure Costs) $120,435 Subtotal Closure Costs, 2011 dollars, excluding Section_XVIII $2,770,O1a Section XVIII, 2011_ dollars $106,710 Ajustment for Section XIX plus inflation $240,000 Total Closure Costs, 2011 dollars $3,116,720 T-otal Cost -Post-Closure_ Subtotal Post Closure Costs, 201 L dollars (2000 estimate x inflation $1,329,743 Contingencies (1-0% of Subtotal) $132,974 Engineering Fees (2.5% of Closure Costs) Subtotal Post-Closure Costs 2011 doflars, excluding Section VI Ajustment for Section VI plus inflation Total Post-Closure Care Costs, 2011 dollars Adjusted Closure/Post-Closu-re Costs Adjustment for 1998 to 2011 inflation 1999 = 2.0% 2000 = 1.5% 2001 = 2.1% 2002 = 2.2% 2003 = 1.1% [per DENR August 8, 2003] 2004 = 1-.6% [per DENR August 10, 2004] 2005 = 2.1% [per DENR July 29, 2005] 2406 = 2.8% [per DENR August 3, 200fr] 2007 = 2.9% [per DENR August 13, 2007] 2008 = 3.1% [per DENR July 8, 2008] 2009 = 2.2% [per DENR June 3, 2009] 2010 = 1.2% [per DENR July 28, 2010] 2011 = 1.0% [per DENR 3anuary 1, 2011] $33,244 $1,495,961 [for 30 years] $988,594 $2,484,555 $5,601,276 (2011 Dollarc)_ 1.291 South Side -Page 1~5 08/23/2011 ATTACHMENT 10 Summary Worksheet: CLOSURE AND POST-CLOSURE COSTS Facility Name: Orange County Eubanks Road C&D Landfill Permit Number: 68-0~ Facility Address: Eubanks Road, Orange County, North Carolina Facility Gwner: Orange County, North Carolina Facility Representative: Mr. Gayle Wilson Consultant Completing Format: Draper Aden Associates, William G.-Rase, P.E. Date Completed: July-6, 2011 (See Worksheet 1: FORMAT FOR THE ESTIMATION OF Total-Closure Costs: $929,957 CLOSURE COSTS) Total Post-Closure Care Costs (some items included in Corrective Action Costs): Corrective Action Total: Notes: 1. Closure costs are for Phase 1. 2. Phase 1 area is 7.7 acres. 3. Unit costs are in 2011 dollars. (See Worksheet_2: FORMAT FOR THE ESTIMATION OF $95,369 POST-CLOSURE COSTS) ESTIMATION OF CORRECTIVE ACTION $3;000,000 COSTS) $4,025,326 82 83 WORKSHEET 1: FORMAT FOR THE ESTIMATION OF CLOSURE COSTS Facility Name: Orange County Eubanks Road C&D Landfill Permit Number: 68=04 Facility Address: Eubanks Road, Orange County, North Carolina Facility Owner: Orange County, North Carolina Facility Representative: Mr. Gayle Wilson Consultant Completing Format: Draper Aden Associates, William G. Hase, P.E. Date Completed: July 6, 2011 NATIVE SOIL FOR /. EROSIONNEGETATI-VE SUPPORT LAYER a. Area to be capped b. Depth of native soil for- slope and fill c. Quantity of native soil needed d. Percentage of soil from off-site e. Purchase Uni# cost off-site material (to include delivery cost) f. Percentage of soil from on-site g. Excavation unit cost (on-site material) h. Total soil unit cost i. Placement and Spreading Unit Cost j. Compaction unit cost k. Total soil unit_cost I. Total native soil cost m. Percent compaction n. T-otal Native Soil Cost //, TOPSOIL a. Area to be capped b. Depth of topsoil needed c. Quantity of topsoil needed d. Percentage of soil from off-site e. Purchase Unit cost off-site material (to include delivery cost) f. Percentage of soil from on-site g. Excavation unit cost (on-site material) h. Total soil unit cost i. Placement and Spreading Unit Cost j. Compaction unit cost k. Total soil unit cost Notes -and Guidance Values 7,7 acres x 4840 yd2/acre= 12 inches x 1yd/36in= axb 0% $O.OU per yd3 1D0% (1 - d) $4,24 per yd3 (dxe+fxg) $1.12 per yd3 $0.00 per yd3 (h+I+j) C 15% 7.7 acres x 4840 yd2/acre g in x 0.028 yd/in axb 100% $12.16 per yd3 0% (1 - d) $4.24 per yd3 (dxe+fxg) $1.12 per yd3 $0.00 per yd3 (h+I+j) 37268 yd2 0.33 yd 12423 yd3 0% $0.00 /yd3 100% $4.24 per yd3 $4.24 $1.12 per yd3 $0.00 per yd3 $5.37 /yd3 $66,661.64 15% 76 661 37268 yd2 0.17 yd 6211 yd3 100% $12.16 /yd3 0% $4.24 per yd3 $12.16 $1.12 per yd3 $0.00 per yd3 $13.29 /yd3 Orange County Eubanks Road CD Landfill July 6, 2011 2 Closure Costs 84 I, Total soil cost $82,533.46 m, Percent compaction 10% 10% n. Total Topsoil Cost (h) x (1 + q $90,787 /// DRAINAGE LAYER a. Area to be capped 7,7 acres x 4840 yd2/acre 37268 yd2 b. Depth of sand or gravel needed 0 in x 0.028 yd~n 0 yd c. Quantity of sand or gravel needed ax b 0 yd3 d. Purchase unit cost for material or excavation cost $7.67 per yd3 $7.67 per yd3 e. Delivery Cost (for delivery of off-site material; dependent upon haul distance) per yd3 -$0.00 per yd3 f. Spreading unit cost for material $1.12 per yd3 $1.12 .per yd3 g. Compaction unit cost for rrraferial ~~ per yd3 $0.00 per yd3 h. Total material cost (~ + e + f + 9) $8.79 per yd3 i. Percent compaction 10% . (%/100) 10% j. Total Drainage Layer Cost (~ x h x (1 +i)J ~p ON-SITE CLAY (LOW PERM-FABLE IV, SOIL a. Area to be capped 7,7 acres x-4840 yd2 37268 yd2 b. Depth of clay needed 0 in x (1/36)yd 0.00 yd c. Quantity of clay needed a x b 0 yd3 d. Excavation unit cost $4.24 per yd3 $4.24 per yd3 e. Placement/spreading unit cost $1.12 per yd3 $1.12 per yd3 f. Compaction unit cost $1.28 per yd3 $1.28 per yd3 g. Total on-site clay unit cost (d + e + fl. $6.64 per yds h. Percent compaction 25% %/100 25% i. Total On-Site Clay Cost (c x g x (1 +h)] OFF-SITE CLAY (tOW PERMEABLE V. SOIL a. Area to be capped - 7,7 acres x 4840 yd2 37268 yd2 b, Depth of clay needed 18 in x (1/36)yd 0.5 yd c, Quantity of clay needed a x b 18634 yd3 d, Purchase unit cost $3,07 per yd3 $3.07 per yd3 e, Delivery unit cost (for off-site material) $7,15 per yd3 $7.15 per yd3 f, Placement/spreading unit cost $1.12 per yd3 $1.12 per yd3 g, Compaction unit cost $1,83 per yd3 $1.83 per yd3 h, Total off-site clay unit cost (d + e + f + g) $13.18 per yd3 i, Percent compaction 25% %/100 25% j. Total Off-Site Clay Cost (c x h x (1 + i)J 306 882 Orange County Eubanks Road CD Landfill July 6, 2011 3 Closure Costs 85 Vl. DRAINAGE TILE a. Length of drainage the needed 0 LF 0 LF b. Tile unit cost $4.31 per LF $4.31 per LF c. Trenching and backfilling cost $x,01 -per LF $1.01 per LF d. Total drainage the unit cost (b+c) $5.33 per LF e. Total Drainage Tile Cost (a x d) ~p V/C SYNTHETIC MEMBRANE a. Area to be capped with FML _ 0 acres x 43560 ft2/acre p ft2 b. Purchase unit cost $0.30 ~ $0.30 /ft2 c. Installation unit cost _ $-0.10 $0.10 /ft2 d. Total synthetic membrane unit cost (b + c) $0.40 /ft2 e. Total Synthetic Membrane Cost (a x d) ~p V///, GEOTEXTILE FILTER_FABRIC a. Quantity of filter fabric needed ~ 0~~ acres x 43560 ft2/acre= 0 ft2 b. Purchase uniYcost - $0.20 -~ $0.20 /ft2 c. Installation unit-cost $0.08 $0.08 /ft2 d. Total geotextile filter fabric unit cost (b + c) $0.2g /f~ e: Total Geotextile Filter Fabric Cost (a x d) ~p V///.-a GEONET COMPOSITE GAS LAYER a. Quantity of Geonet Composite needed 7.7 acres x 43560ft2/acre 335412 ft2 b. Purchase Unit Cost $0.37 $0.37 /ft2 c. Installation Unit Cost $0.08 $0:08 /ft2 d. Total Geonet Composite unit cost (b + c) $0.45 /ft2 e. Total Geonet Composite cost (a x d) 5U 846 Vlll.-b GEOSYNTHETIC CLAY LINER a. Quantity of liner needed 0 acres x 43560 ft2/acre 0 ft2 b. Purchase unit cost $0.42 -~ $0.42 /ft2 c. Installation unit cost $0.08 $0.08 /ft2 d. Total Clay Liner unit cost (b + c) $0.50 /ft2 e. Total clay liner cost (a x d) IX. SOIL ADMIXTURE a. Area to be capped 0 acres x 4840 yd2 0 yd2 b. Soil admixture unit cost per yd2 $0.00 per yd2 c. Total Soil Admixture Cost (a x b) ~p X. PROTECTIVE SOIL COVER a. Area to be capped acres x 4840 yd2/acre 0 yd2 Orange County Eubanks Road CD Landfill July 6, 2011 4 Closure Costs b. Depth of soil needed c. Quantity of soil needed d. Percentage of soil from off-site e. Purchase Unit cost off-site material (to include delivery cost) f. Percentage of soil from on-site g. Excavation unit cost (on-site material) h. Total soil unit cost i. Placement and Spreading Unit Cost j. Compaction unit cost k. Total soil unit cost I. Total soil cost m: Percent compaction n. Total Topsoil Cost Xl. SOIL TESTING a. Number of acres to be capped b. Testing unit cost (includes permeability tests and technician) c. Total Soil Testing Unit Cost XIL VEGETATIVE COVER a. Number of acres to be vegetated b. Unit cost for soil preparation, grading, seed, and fertilizer c. Total Vegetative Cover Cost LANDFILL GAS (LFGI MANAGEMENT Xl/l. SYSTEM a. Number of acres of landfill to be closed b. Number of LFG detection probes to be installed c. Average number of LFG vents required per acre d. Number of LFG vents required e. Average cost per LFG vent f. Average LFG detection probe unit cost g. Total cost for LFG vents h. Total cost for LFG detection probes i. Total Gas Management System Cost 100% 25% in x (1/36)yd (a x b) per yd3 (1 - d) per yd3 (dxe+fx9) per y_d3 per yd3 (h+l+j) (h) x (1 + I) 0.00 yd 0-yd3 0% $0.00 /yd3 100% $0.00 per yd3_ $0.00 $0.00 per yd3 $0.00 per yd3 $0.00 /yd3 $0.00 25% $0 7.7 $1,431 (a x b) 7.7 $2,248.66 (a x b) 7.7 (every 250' around cell) 7.7 acres $1,430.97 per acre 11 018 7.7 acres $2,248.66 per acre 17 315 7.7 acres 0 wells 1 ~ 1 vents/acre 8 vents $3,066 $3,066.36 per vent $1,227 _ $1,226.54 per probe (a x c x d) $24,530.88 (b x e) ~ $0.00 (f + g) 24 531 86 Orange County Eubanks Road CD Landfill July 6, 2011 5 Closure Costs 87 XlV. GROUNDWATER MONITORING SYSTEM (SYSTEM ALREADY INSTALLEDI a. Hydrogeologic study unit cost (includes boring costs, piezometer costs, pump test costs, etc.) b. Monitoring well construction unit cost (includes installation and materials fora 50' deep well; minimum of four wells must be installed) c. Numberof wells to be installed d. Additional well length over 50' e. Unit cost for additional well length over 50' f. Total additional cost for well length over 50' g. Total Monitoring Well Construction most h. Total Groundwater Monitoring System- Cosf )(-/ MOBILIZATIONI DEMOBILIZATION a. Cost for Mobilization/ DemobilizatTon- ~//, SURVEY AND DEED NOTATION a. Cost for Survey and Deed Notation ~///, CLOSURE CERTIFICATION a. Closure Cert~cation Costs ~//. MISCELLANEOUS COSTS TO CLOSE a. Erosion Control b. Storm Water Control c. Total Miscellaneous Costs Orange County Eubanks Road CD Landfll July 6, 2011 6 $1-0,000 or as required $1,236.77 .~ 0 0 $1,236.77 per well 0 wells 0 LF I~ $27.25 ~1 (e x d) (b x c)_ (b x c) + (d x e) $27:25 per VLF $O.DO $0.00 0.00. $15, 000 or as required ~ 35 774 $2, 000 or as required - 7 666 $2, 000 or as required 2 0~ $15,000 or-as required $15,332 $5,000 or as required_ $5,111 (a + b) 20 442 - Closure Costs TOTAL CONSTRUCTION CLOSURE COSTS Subtotal Closure Costs = (I+l/, , . XVlll) 743 966 Continqencv (10% (Subtotal x 0.1) 74 3R7 Engineering Fees = Construction Documents (5% or as needed) (Subtotal x 0.05) 37-~gg Construction Quality Assurance (10% or as needed) (Subtotal x 0.10)- 74 397 Total Closure Cost (2011 Dollars) _ ''~~~-~ ~_, 929 957 (Subtotal +Contingency + Engineering) 88 Orange County Eubanks Road CD Landfill July 6, 2011 7 Closure Costs 89 WORKSHEET 2: FORMAT FOR THE ESTIMATION OF POST-CLOSURE COSTS Facility Name: Orange County Eubanks Road C&D Landfill Permit Number: 68-04 Facility Address: Eubanks Road, Orange County, North Carolina Facility Representative: Mr. Gayle Wilson Consultant Completing Format: Draper Aden Associates, William G. Hase, P.E. Date Completed: July 6, 2011 I, LEACHATE MANAGEMENT a. Private disposal unit cost b. POTW disposal unit cost Direct discharge to POTW unit c. cost Amount of leachate generated d. from facility records or modeling e. Hauling cost f. Total leachate management cost I1. ROUTINE MAINTENANCE a. Mowing frequency Area involved in maintenance and b. repairs c. Mowing unit cost per visit d. Total Mowing Cost Per Year e. Fertilizer unit cost f. Total Fertilizer Cost Per Year g. Area to reseed/year h. Reseeding unit cost i. Total Reseeding Cost Per Year Mobilization/ Demobilization cost j. per year k. Cap erosion repair (axbxc) $45 (b x e) 2.57 $398 ( xh $110 0.077 $/gallon $0.00 /gallon $/gallon $0.003 /gallon $/gallon- $0.00 /gallon 0 gallons/yr $/gallon $0.04 /gallon lye usually 2 visits/year usually 1 /3 of landfill acreage/year 2 visits/yr 7.7 acres $83_ /acre/visit $1,275 /yr $45 /acre $346 /yr 2.57 acres $398 /acre $1,021 /yr $110 /yr usuaAy 1 % of cap area/year 0.077 acres Orange County Eubanks Road CD Landfill July 6, 2011 8 Post-Closure Costs I. Erosion repair unit cost $157 Total Erosion Repair Cost Per m. Year (I x m) Total Maintenance and Repairs n. Cost Per Year (d + f + /+k+n) Annual Post-Closure Cost_ (APCC) Length of Post-Closure Care Period Post Closure Cost Estimate Subtotal APCC x Length of period Contingencies (10%) Subtotal x 0__7 Engineering Fees = Post-Closure Certification (5% or as needed) Total Post-Closure Cost = (2011 Dollars) Subtotaa + Contingencies +~Engineering Orange County Eubanks Road CD Landfill July 6, 2011 9 Assumed 18"depth 90 $157 /acro $12 /year 2 764 /yr 2 764 30 $82,929 $8,293 $4,146 $95,369 Post-Closure Costs 91 WORKSHEET 3: ESTIMATION OF CORRECTIVE ACTION COSTS Facility Name: Orange Cour-ty Eubanks Road C&D Landfill DEQ Solid Waste Permit Number. 68-04 Facility Address: Eubanks Road; Orange County, North Carolina Facility Owner: Orange County, North Carolina Facility Representative: Mr. Gaye Wilson Consultant Competing Format: Draper Aden Associates, William G. Hase, P.E. Date Completed: July 6, 201-1 I. GROUNDWATER MONITORING Number of surface monitoring a. wells Number of groundwater b. monitoring wells c, Total number of monitoring welts Total number of sampling events d. per year e. Other samples (e.g., QA/QC) f. Analysis costs g. Total analysis costs Miscellaneous engineering h, fees/report i. Mobilization j. Technician field costs k. Total sampling costs Total Yearly Groundwater 1. Monitoring Cost II. LANDFILL GAS MONITORING a, Frequency of Testing b. Cost of sampling per round Total Gas Monitoring Cost Per c. Year pleslever sample ~o+c) x d $10,000 or $5,828 as required 128 $25.55 (ixb)+(jx (ixb)+Qxaxb) axb) (9+h+k) 4 $633 (axb) III. GROUNDWATER TRANSPORT/TREATMENT a. Amount of groundwater recovered b. Hauling cost per unit c. Treatment cost per unit d. Total cost per unit e. Annual transport/treatment cost 1 wells 8 wells 9 wells 18 samples/yr 4 samples/yr $588 /sample $12,930 $5,928 $128 /event $25.55 /well $664 99 522 /yr 4 rounds/yr $633 /round 2 539 /yr = 0 gal/yr - $0.021 per gaF $0.0035 per gal _ $0.0245 per gal $0 / yr Orange County Eubanks Road CD Landfill 10 July 6, 2011 III. ANNUAL CORRECTIVE ACTION COSTS IV. LENGTH OF CORRECTIVE ACTION PERIOD V. CORRECTIVE ACTION MONITORING PLAN COSTS (2011 dollars) 92 $22,053 / y,~ 30 / y,~ $661,598 Orange County Eubanks Road CD Landfill July 6, 2011 11 Orange County Solid Waste Calculation of Fund/Reserve Balances As of June 30, 2011 FY2010-11 Revenues Expenses Allocation of Environmental Support Increase (decrease) fund balance Beginning fund balance/reserves Transfers Encumbrances Closure/Post closure cost Net Fund balance/reserves Without closure/postclosure Landfill Operations CRD MSU`1 C&D Recycling Operations $ 2,605,432 $ 1,320,777 4,954,424 2,497,120 1,265,870 3, 941,808 479,139 242, 891 641, 328 (370,827} (187,984) 371,288 5,078 , 054 2, 574,228 1, 328, 397 - - (731,045) (217,667) (110,343) (23,472} (7,941,275) (4,025,326) - $ (3.4 1.715) $ (1.749.4251 $ 945.168 Sanitation and Convenience Center Operations Total 1,.468,242 10,348, 875 1,773,274 9,478,072 225,267 1,588,625 (530,299) (717,822) - 8,980,679 731, 045 - (18,050) (369,532) - (11,966,601) 182.696, ~ (4.073.276) $ 4,489,560 $ 2,275,901 $ 945,168 $ 182,696 $ 7,893,325 a a c~ x rn z --1 f ...\ W