HomeMy WebLinkAboutAgenda - 03-13-2012 - 8bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 13, 2012
SUBJECT: Landfill Neighborhood Illegal Dumping Cleanup /Collection
DEPARTMENT: Solid Waste Management
ATTACHMENT(S):
Attachment 1 — Map of Three - Fourths Mile
Area
Attachment 2 — Locations of Two Large
Unregulated Dump Sites
(approximate)
Attachment 3 — Memo from County
Attorney
Attachment 4 - Outline of Proposed
Neighborhood Cleanup
Protocol
Action Agenda L
Item No. U
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Gayle Wilson, Solid Waste Management
Director, 968 -2885
Michael Talbert, Assistant County
Manager, 245 -2308
PURPOSE: To review staff's plans and timeline and authorize staff to proceed with the cleanup
of waste improperly dumped on properties within 3/ mile of the Orange County Landfill.
BACKGROUND: On October 4, 2011 the Board of Commissioners (BOCC) authorized staff to
proceed with a `one -time' effort to clean -up illegal dump sites located within three - fourths of one
mile of the landfill boundary (Attachment 1), at no cost to the individual property owners. This
item provides the opportunity for the Board of County Commissioners (BOCC) to review staffs
plans and timeline to proceed with the cleanup of waste improperly dumped on properties within
3/ mile of the Orange County Landfill. The plan is subject to modification relative to other
priorities.
Subsequent to the October 4th authorization, staff has performed a windshield survey of the area
as well as spoken to property owners and otherwise inquired about the extent of the illegal
dumping problem. As a result, staff has acquired additional information that will impact final
cleanup planning. There appear to be two large, unregulated (non - permitted) and currently
inactive for - profit disposal sites within the delineated 3/ mile area (Attachment 2). These sites
raise complicated legal issues surrounding potential County and property owner liability that
require a more measured approach. This has caused staff, pursuant to County Attorney advice,
to amend the previous planning to take this, and perhaps other, unexpected and potentially
problematic dump sites into account (Attachment 3).
One property of concern has been recently purchased by St. Paul AME Church. The church
has submitted applications to the Town of Chapel Hill for a rezoning of 20.4 acres from R -1 to R-
5 zoning and for a special use permit as a mixed use development (to be developed in phases)
that includes 350 parking spaces, fellowship hall, administrative complex, day care, gymnasium,
independent living units, memorial garden, sales office, sanctuary, wellness /senior /teen center,
mausoleum, assisted living /continuing care units, guest house and health clinic. These
development applications are currently proceeding through the Town of Chapel Hill's
development review process and it is the County's understanding that the Town has requested
that the applicant submit a "landfill mitigation plan ".
The property seems to contain a variety of materials that are buried over a several acre area
and contains construction and demolition debris, land clearing and inert debris, and possibly
municipal solid waste and /or commercial waste materials. This unregulated and non - permitted
dump was the subject of a Warning Letter from the North Carolina Department of Environment
and Natural Resources in February 1992 (re: non - conforming dump site). However, there is no
record that additional action was taken on this matter and there is no record of Orange County
being notified. Staff believes the County should use utmost caution by not taking any cleanup
action (excavation of waste materials) that might expose Orange County to substantial
environmental /financial liability.
The County Health Department has historically provided well water sampling in this area which
includes the wells down - gradient of this "dump site ". Additionally, the area residents have been
offered water sampling at no cost through the Landfill Area Water Assistance Fund approved by
the BOCC last year. Based on available data to date, there has been no contamination that
could be deemed likely to originate from this buried waste. Health Department Staff will
continue to evaluate groundwater data as it becomes available. Area residents on well water
will continue to be encouraged to request testing of their drinking water wells at no cost. If wells
are discovered that appear to have been impacted by this dump site, Health Department and
Solid Waste Department Staff will collaborate to develop plans of action related to resident
notification and site mitigation for Board consideration. It may also be necessary to include NC
Department of Environment and Natural Resources and Department of Health and Human
Services in site evaluation and /or mitigation discussions.
At the time this neighborhood cleanup program was conceived, it was not known that
unregulated, non - permitted for - profit waste dumps existed in a neighborhood nearby the landfill.
There are two of these type dump locations that have been identified that fall into this category
that staff is aware of at this time. The neighborhood cleanup program is not intended to mitigate
potentially large areas where substantial quantities of unknown debris /trash have been buried or
otherwise landfilled. Therefore staff advises that some limitations or constraints be applied to
this program in order to avoid regulatory, environmental and financial liability.
Staff believes it is not in Orange County's best interests to become involved in cleanup activities
where there is a reasonable potential for liability and has therefore developed a draft
neighborhood cleanup protocol and timeline (Attachment 4) with the objective to provide
valuable cleanup services for neighborhoods within % mile of the landfill, consistent with the
direction of the Board, while being judicious in order to avoid incurring unreasonable liability. It
is staffs understanding that the intent of the cleanup activity is to remove those piles of trash
and other materials that have been dumped (littering, roadside dumping, etc.) in the
neighborhoods surrounding the landfill and not large quantities that represents unknown
debris /waste that has been land disposed without proper permits or licenses.
The process envisioned and discussed in more detail in Attachment 4 includes:
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• Distribution of letter to property owners within 3/ mile of the landfill informing them that
they are eligible for a County provided illegal dumping cleanup, based on certain criteria
that will be outlined in the letter
• Provide a time period not exceeding 90 days to respond to County letter
• Solicitation of proposals from companies interested in and capable of providing cleanup
services, selecting two that will be under contract to Orange County
• Receiving expressions of interest from property owners within 90 day deadline
• County staff, along with selected cleanup service contractors, will evaluate each property
to determine level of effort and equipment/labor resources necessary for cleanup, to
identify any questionable materials that may be present (hazardous waste or buried
waste materials) and to evaluate contractor access to the debris.
• Obtain written authorization from property owner to conduct agreed upon cleanup
activities and necessary liability waivers
• Staff obtain quotes for service and authorize a contractor to proceed with cleanup
• Objective is to complete all neighborhood cleanup activities no later than April 1, 2013,
but work must be completed by the anticipated June 30, 2013 landfill closure.
FINANCIAL IMPACT: The costs for this cleanup project are dependent on the level of response
from residents eligible for this service and the ultimate conditions existing in the designated
area. Previous estimates began at about $50,000, but costs also could easily exceed this
amount. All funding for this project will be provided by the Solid Waste Enterprise Fund.
RECOMMENDATION(S): The Manager recommends that the Board review the proposed
neighborhood cleanup process and timeline, provide any further guidance as necessary, and
authorize staff to proceed with implementation of landfill neighborhood notification and cleanup
activities to be funded by the Solid Waste Enterprise Fund.
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ORANGE COUNTY
P.O. BOX 8181
Office of the County 200 S. CAMERON STREET
Attorney HILLSBOROUGH, NC 27278
TO: Frank Clifton
FROM: John Roberts
DATE: March 1, 2012
RE: Potential liability related to Rogers Road area illegal landfill sites
This memorandum is in response to your questions about the extent to which the county may be
liable in any efforts to clean up the two sites that may have been operated in the past as illegal
for - profit landfills.
Negligent hiring: The County must ensure that the contractor hired for the project has an
exemplary safety record and adequate insurance, especially if we anticipate that the illegal
landfills could contain hazardous materials. Even if the contractor were to indemnify the county
for its negligence, the county would still be liable for its failure to hire a competent and qualified
contractor for the project. Many of the potential problems such as the failure to properly
manage waste, or damage to persons, environment or property may be avoided by hiring the
proper firm.
Failure to properly manage waste from landfill sites: The County must comply with several
state and federal regulations while clearing up and transporting the debris from the illegal
landfills. The County may be liable for its failure to remediate any spills, discharges or releases
of hazardous substances during the clearing activities. Additionally, if hazardous substances are
found on the properties, the County would be responsible for proper classification, treatment,
storage and disposal of the hazardous waste at a licensed hazardous waste facility and hauled
to this facility by a licensed hauler. The County would be liable for inadvertent discharge of such
material. Further, the disturbance of the landfill may release toxic gases and chemicals. The
County would be liable for the harmful health effects, which could be attributed to the release of
these gases if not properly contained. Failure to properly remediate the contaminated
properties may cause the County to run afoul of federal and state environmental regulations,
including, the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. 9601 et seq., as amended (CERCLA), the Resource Conversation and Recovery Act, as
amended 42. U.S.C. 6901 et seq., the Clean Water Act, 33 U.S.C. 1251 et seq., the Clean Air
Act, 42 U.S.C. 7401 et seq., the Toxic Substance Control Act, 15 U.S.C. 2601 et seq., and the
Safe Drinking Water Act, 42 U.S.C. 300f through 300j, and all state equivalents of these federal
laws.
Damage to property: The County may be liable for damage to the property during the process
of clearing the illegal landfill or remediation. The damage could be to the house, the septic
system, the drain fields, any driveways or equipment. The clean -up efforts could aggravate any
existing defects in the property or cause new problems especially when the properties are not
fully or properly remediated. For instance, if the illegal landfill was acting as some sort of erosion
control device, altering the topography of the property could cause the stormwater to flow in
unexpected directions or pool and cause damage to any structures, or the stormwater could
cause contaminants to spread to a wider area.
Damage to residents, employees and contractors: The County may be liable for any long
term health effects of disturbing the illegal landfills. If the residents have been building these
landfills for several years, then unsettling the landfills could discharge toxic gases and
chemicals. The County would be liable for the harmful health effects, which could be attributed
to the release of these gases and chemicals if not properly contained or remediated.
Damage to environment: If the environment surrounding the illegal landfills, including soil,
surface and groundwater, has not already been contaminated, the remediation and restoration
efforts could contaminate or aggravate any existing environmental conditions. While some
damage would be immediately apparent, the potential liability and damage for the failure to
properly manage waste from the landfill sites, damage to property, persons and environment
may not be readily discernible.
Federal Regulations
Potential liability under CERCLA, RCRA, CWA, SWDA, et al.
A+Vachrneo+ 4 8
Landfill Neighborhood Cleanup Process and Timeline
January 2012
The following represents the conditions, criteria, timeline and other parameters
that will guide Orange County's proposed cleanup of illegal dumping and other
litter and debris located on private property within % mile of the landfill.
At the time this neighborhood cleanup program was conceived it was not known
that unregulated, non - permitted for profit waste dumps existed in a
neighborhood nearby the landfill. This program is not intended to mitigate
potentially large areas where substantial quantities of unknown debris /trash have
been buried or otherwise landfilled. Therefore staff suggests some limitations or
constraints must be applied to this program in order to avoid regulatory,
environmental and financial liability.
The process is outlined below:
• Eligible property is that which lies within three - fourths of one mile of the
landfill boundary.
• There will be no cost to the property owner; expenses related to the
cleanup will be funded by the Solid Waste Enterprise Fund. All material
collected would be delivered to the Orange County landfill where tipping
fees would be waived.
• Owners would have 90 days from the date the initial notification letters are
mailed in order to request this cleanup service.
• County will send a letter to all property owners within the % mile radius
informing them that if there property contains trash and debris that is the
result of littering or unregulated /unauthorized dumping Orange County has
implemented a one -time cleanup program for which they may be eligible.
It will be suggested that a property owner whose property contains such
trash and debris may wish to request that their property be considered for
these cleanup activities. Only the property owner may submit a request for
cleanup and sign a cleanup authorization and release form. This initial
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notification letter will contain a form cleanup request letter (document will
also be available on -line) that can be submitted to Solid Waste requesting
that their property be considered for cleanup.
• For each property owner cleanup request received the Solid Waste
Department would verify that the property is within the permitted % mile
radius and proceed to evaluate the trash and debris that is requested to be
collected and schedule the cleanup. It would be desirable for the property
owner or a representative of the owner to be on site when the property is
evaluated so property lines can be respected, that all materials that should
be subject to the cleanup can be identified and that issues such as
ingress /egress can be clarified. Depending on the specific situation
photographs may be taken before and after cleanup to supplement any
records kept as part of the project, including contract billing invoicing.
• The property owner would be required to sign an authorization for county
staff and contractors to enter the property and include an injury or
property damage liability release in order to participate.
• The following restrictions are to be in effect for this cleanup program:
• Waste and debris that require excavation, digging or mechanical
uncovering will not be collected. Only debris /trash located on or at
ground level will be collected. Debris protruding from mounds that is
partially buried will not be collected and will be considered excavation.
The property owner may choose to uncover the protruding items for
County collection.
• Hazardous waste or other potentially dangerous materials will not be
collected, except where clearly residential in nature and in leak proof/
secure containers. Staff may provide advice to the property owner with
regard to how materials that Orange County will not collect may be
properly collected and disposed.
o Waste and debris must be reasonably accessible to Contractor. Property
owner must provide access for laborers and equipment to debris /trash,
or alternatively property owner can deliver materials to be accessible by
public road or street. County /Contractor will not build roads, clear
pathways or construct other access means to get to the debris /trash.
• Small trees and brush may be removed to access waste and debris, with
the owner's permission.
• There will be no site restoration where collection activities have taken
place. This includes providing fill, grading, erosion control, seeding or
replanting of damaged foliage.
• Contractors will be required to separate for recycling all scrap metal,
appliances and scrap tires (tires on rims will have to be removed) that are
to be delivered, at no charge, to the Orange County Landfill for processing.
• Orange County would develop a Request for Proposals (RFP) that would
solicit companies capable of providing the necessary neighborhood cleanup
services. It is anticipated that the County would contract with up to two
firms so that ample cleanup capabilities would be available for prompt
response to requests.
• For items not subject to cleanup activities (hazardous waste, buried waste,
etc.) provided by Orange County, staff will endeavor to provide guidance,
referrals and /or advice to the property owner.
• County staff will work closely with contractors in, order to develop cleanup
plans that adhere to the county's cleanup criteria /standards, that provide
for the most efficient and effective means to cleanup various properties, to
assist, communicate and otherwise interact with residents and that
minimize liability to Orange County, minimizes damage to private property
and promotes understanding and cooperation.
Proposed Timeline
The following is the timeline staff is proposing, subject to revision as necessary:
March 13, 2012 BOCC Meeting
The Board of Commissioners are provided an update on the proposed
neighborhood cleanup process and provide final authorization for staff to
proceed.
Week of March 19
3
m
Staff will proceed to request proposals from firms that can provide the necessary
cleanup services.
Week of March 26
Mail notification letters to all property owners within % mile of landfill. Inform
property owners that request for cleanup services deadline is 90 days (or
approximately July 9)
Beginning April 2, 2012
Evaluate each property submitted for cleanup, obtain required
authorization /waiver, and schedule for cleanup.
May 1, 2012 BOCC Meeting
Award bids and authorize contract to two waste debris collection contractors.
April 1, 2013
Goal of completing all cleanup activities.
June 30, 2013
All cleanup activity must be completed if landfill closes.
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