HomeMy WebLinkAboutAgenda - 08-07-1997 - 3 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 7, 1997
Action Agenda
Item No.
SUBJECT: Solid Waste Matters
DEPARTMENT: County Manager/Public Works PUBLIC HEARING: (Y/1)
BUDGET AMENDMENT: (Y/1)
ATTACHMENT(S): INFORMATION CONTACT:
Draft Interlocal Agreement Wilbert McAdoo, ext 2625
(previously sent under separate cover) Rod Visser, ext 2300
Orange County State Solid Waste Plan
(under separate cover) TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 9684501
Durham 688-7331
Mebane 227-2031
PURPOSE: To discuss, as needed,two solid waste management matters: the draft"Interlocal
Agreement on Solid Waste Management Matters", and the Orange County Solid Waste Plan.
BACKGROUND: The Landfill Reorganization Working Group has developed an updated version
of the proposed Interlocal Agreement on Solid Waste Management Matters , as prepared by
Attorney Bob Jessup. The work group has requested that each governing board review and discuss
the proposed agreement,with a December 1, 1997 deadline for satisfactory resolution of all open
matters. This document was distributed last week. The Board may wish to discuss this latest draft
and provide any direction or needed follow up actions to staff. Mr. Jessup is expected to be
available to answer any questions the Board may have about:this document.
At their June 30, 1997 meeting,the Board approved the conceptual framework for an integrated
solid waste management plan that was to be prepared by July 1, 1997, in accordance with State law.
This plan has now been submitted to the State -a copy of the entire plan has been provided for each
Commissioner. Chapel Hill solid waste management staff,who took the lead role in preparing the
solid waste plans of the County and Towns, are expected to be available at this work session to
answer any questions about the plan.
RECOMMENDATION(S): The Manager recommends that the Board discuss these solid waste
matters and provide direction to staff, as needed.
� a
Robert A Jessup Jr.
Memorandum
To: Orange County Commissioners
Mayor and Members of the Carrboro Board of Aldermen
Mayor and Members of the Chapel Hill Town Council
Mayor and Members of the Hillsborough Board of Commissioners
Regarding: Interlocal Agreement Concerning
Solid Waste Management Matters
Date: July 21, 1997
The purpose of the accompanying draft Interlocal Agreement is to set forth the parties'
agreement to transfer operational control to the County of the solid waste management system
serving residents of the County and the Towns, and to establish the terms for the management of
such solid waste management system under which the Towns will participate in formulating
solid waste management policy for their own residents and for Grange County as a whole.
This Agreement establishes important conditions for the ongoing conduct of solid waste
management matters, but this Agreement is not the final step in the process. Instead, this
Agreement provides that it will not go into full effect until the following matters are concluded to
the satisfaction of all partie$.
(a) The Parties must adopt the Solid Waste Management Plan described in the
Agreement, which requires the parties to reach agreement on certain key waste management
issues specified in the Agreement(see Section 4.02).
(b) The Parties must select the New Solid Waste Management Site.
(c) The Parties must finish developing the processes described in the
Agreement for providing certain benefits to the community of owners and residents of property
abutting the New Solid Waste Management Site, and settle on the benefits to be provided to the
community of owners and residents of property abutting the existing landfill (see Section 3.02).
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(d) Carrboro, Chapel Hill and the County must complete the transfer of solid
waste system operational control, assets and liabilities.
Allow me to make a few observations about how this Agreement and the community
benefits process related to the existing landfill, as referenced in item (c) above.
At its meeting on June 23, the Landfill Reorganization Working Group determined that
the LOG should make a recommendation to the separate elected boards concerning community
benefits after the LOG's discussions with community members (I understand that the LOG might
formulate such a recommendation when it meets on July 21). The elected bodies would then
consider the recommendation.
As determined by the Working Group, the current draft of this Agreement contemplates
that the Interlocal Agreement, as finally approved and executed, would include a definitive list of
such benefits and their funding sources. As discussed at the June 23 meeting, there are
alternative means to discuss this Agreement and the community benefits process as separate
issues, should that be the desire of the governing boards.
The draft Agreement provides that all open matters must be resolved to the satisfaction of
each Board by December 1, 1997, or the Agreement ceases to be of any effect.
--RMJ
R.
a
Sixth draft, dated June 27, 1997
INTERLOCAL AGREEMENT
CONCERNING SOLID WASTE
MANAGEMENT MATTERS
Dated as of July 1, 199 7
Among
ORANGE COUNTY, NORTH CAROLINA
TOWN OF CARRBORO, NORTH CAROLINA
TOWN OF CHAPEL HILL, NORTH CAROLINA
TOWN OF HILLSBOROUGH, NORTH CAROLINA
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INTERLOCAL AGREEMENT
CONCERNING SOLID WASTE
MANAGEMENT MATTERS
This Interlocal Agreement Concerning Solid Waste Management Matters is
dated as of July 1, 1997, and is by and among ORANGE COUNTY, NORTH
CAROLINA, the TOWN OF CARRBORO, NORTH CAROLINA, the TOWN OF
CHAPEL HILL, NORTH CAROLINA, and the TOWN OF HILLSBOROUGH,
NORTH CAROLINA.
WHEREAS, the parties have worked together over a period of years to develop an
effective, comprehensive approach to the solid waste management issues facing the
residents of Orange County and the towns therein, and have reached this Agreement to
address those issues;
THEREFORE, the parties agree as follows:
ARTICLE I
Purpose of Agreement; Conditions to Effectiveness
1.01. PP-pose. The purpose of this Agreement is to set forth the Parties'
agreement to transfer operational control to the County of the solid waste management
system serving residents of the County and the Towns, and to establish the terms for the
management of such solid waste management system under which the Towns will
participate in formulating solid waste management policy for their own residents and for
Orange County as a whole.
1.02. Conditions. Notwithstanding any other provision of this Agreement,
(a) no provision of this Agreement, other than the requirement to bargain as
described in Section 1.03, shall become effective until the Parties have adopted the initial
Solid Waste Management Plan as described in Article IV;
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(b) no provision of this Agreement, other than the requirement to bargain as
described in Section 1.03, shall become effective until the Parties have selected the New
Solid Waste Management Site and finished developing the process described in Section
3.02(a); and
(c) the asset and liability transfer contemplated by Article II, and the transfer
of operational control contemplated by Article V, shall not take place until Carrboro,
Chapel Hill and the County have executed and delivered the Transfer Agreement, as
contemplated by Sections 2.01 and 2.06.
The adoption of the Solid Waste Management Plan, the selection of the New Solid Waste
Management Site, the completion of the development of the process described in Section
3.02(a).and the completion of the Transfer are referred-to in this Agreement as the "Open
Matters."
1.03. Diligent, Good Faith Bargaining. The Parties shall bargain in good
faith and with all due diligence, and shall use their respective best efforts, to reach final
agreement on the Open Matters.
1.04. Deadline for Negotiations. This Agreement shall automatically
terminate on December 1, 1997, unless each Governing Board has adopted an appropriate
resolution referencing this Agreement and stating that the Open Matters have been
resolved to such Party's satisfaction.
ARTICLE II
Counter's Acquisition of Existing Solid Waste System
2.01. County's Acquisition: Consideration. In consideration for the
transfer of assets described in Section 2.02, and in consideration for the other
undertakings of the Towns in this Agreement (including the undertakings set forth in
Section 2.04), but without additional monetary compensation, the County agrees to
assume the liabilities described in Section 2.03 and to undertake the other obligations
imposed on it by this Agreement. The Transfer will be consummated pursuant to a
separate transfer agreement (the "Transfer Agreement's to be negotiated among the
County, Carrboro and Chapel Hill, which agreement shall be subject to approval by the
respective Governing Boards of those three Parties.
2.02. Assets. (a) Under the Transfer Agreement, Carrboro and
Chapel Hill shall transfer all of their respective right, title and interest in and to all of the
Existing System Assets to the County.
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(b) The Parties agree that the Greene Tract does not constitute any part of the
Existing System Assets for any purpose of this Agreement. The Parties further agree that
they do not intend, by the Transfer, to revive any easement across the Greene Tract for
the benefit of the property known as the "Neville Tract."
2.03. Liabilities. (a) Under the Transfer Agreement, the County shall
assume all liabilities, including environmental liabilities, related to the ownership of the
Solid Waste System, including, to the extent permitted by law, all liabilities related to the
ownership of Existing System Assets which may have accrued prior to the Closing.
(b) Under the Transfer Agreement, the Parties shall retain their individual
liability, if any,under environmental laws and otherwise, related to their respective use of
the Solid Waste System both before and after the Closing (as, for example, any liability
arising from their delivering, or causing to be delivered, Solid Waste to System
Management Facilities).
(c) The Parties acknowledge that the County's assumption of certain liabilities
pursuant to the Transfer Agreement, as described in subsection (a) above, will 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 Closing).
(d) The County shall not assume any indebtedness of Carrboro or Chapel Hill.
Furthermore, by this Agreement and the County's agreement to acquire assets and assume
liabilities as provided in Section 2.01, the County does not assume any indebtedness of
Carrboro or Chapel Hill.
2.04. Delivery of Solid Waste and Recyclables. As additional consideration
for the Parties'respective and mutual undertakings under this Agreement and the Transfer
Agreement, 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 Recyclables under their respective control, including (without limitation) all
Solid Waste and County Recyclables collected by any Party's employees, solid waste
collection contractors, solid waste collection licensees or solid waste collection
franchisees; provided, however, that there shall be no such obligation to deliver Other
Recyclables to System Management Facilities.
2.05. Treatment of Solid Waste System Employees. (a) All of the
System Employees will be transferred to the County and become County employees
subject to the supervision of the County Manager in the same fashion as other County
employees.
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(b) 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 the Transfer, 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 other County
employees. The County and Chapel Hill shall develop a detailed schedule comparing the
total pre-Transfer and post-Transfer compensation for each System Employee in
connection with the Transfer Agreement. Chapel Hill shall send a copy of such schedule
to Carrboro when the schedule is complete.
2.06. Closing Procedure. (a) The Transfer Agreement shall provide for
the appropriate parties to execute and deliver at the Closing the documents and
instruments listed on Exhibit C to carry out the Transfer, all of which documents and
instruments shall be in form and substance reasonably acceptable to the County, Carrboro
and Chapel Hill.
(b) The Transfer Agreement shall transfer all Existing System Assets on an
as-is, where-is basis, without warranty of title, condition or any other kind; provided,
however, (i) that real property shall be transferred pursuant to general warranty deed as
described in paragraph (a) of Exhibit C, (ii) that vehicles subject to State motor vehicle
titling requirements shall be transferred by endorsement and delivery of title certificates
as described in paragraph (b) of Exhibit C, and (iii) that Chapel Hill shall provide such
evidence of title to all other transferring equipment as it may have reasonably available in
its business records.
(c) In the Transfer Agreement, the County, Carrboro and Chapel Hill shall
make appropriate representations and warranties with respect to (i) their respective
authority to enter into the Transfer Agreement and consummate the Transfer and (ii) the
absence of conflicts with agreements and applicable laws.
ARTICLE III
Selection of New Solid Waste Management Site and Related Matters
3.01. Selection of New Solid Waste Management Site. The Parties shall work
together to select a New Solid Waste Management Site within Orange County.
3.02. Benefits to Communities. (a) New Solid Waste Management Site--
The Parties shall work together to develop a process to address issues related to providing
reasonable public benefits to the community of owners and residents of property abutting
the New Solid Waste Management Site, in recognition of the effects that operation of a
landfill may be perceived to have on the community of adjoining property owners and
residents. These public benefits are to be considered as separate and distinct from any
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compensation determined to be owed for any "taking" of an interest in property, as
determined under applicable State or federal law. The Parties agree that this process
should include participation by persons in the community of owners and residents of
property abutting the New Solid Waste Management Site. To the extent permitted by
law, by this Agreement and by generally accepted accounting principles, and to the extent
determined by the Parties, the costs of providing reasonable public benefits as described
in this subsection may be treated as an expense of the Solid Waste System and may be
paid from System Revenues.
(b) Existing Landfill Site— [To come.]
ARTICLE IV
Solid Waste Management Plan
4.01. agreement To Develop; Purpose. The Parties shall work together to
develop and adopt the Solid Waste Management Plan to provide a comprehensive
framework for coordinated solid waste management for residents of Orange County and
the Towns.
4.02. Provisions. (a) The Solid Waste Management Plan shall include
definitive agreements among the Parties concerning solid waste management issues,
including the following:
(i) a determination of which materials will be excluded from disposal
at System Management Facilities (and which will therefore be excluded from the
definition of "Solid Waste" for the purposes of this Agreement) and which
materials will be processed by the County for recycling (and which will therefore
constitute "County Recyclables" for purposes of this Agreement);
(ii) ' a determination of which constituent components of Solid Waste
may not be delivered to System Management Facilities in mixture with other
components;
(iii) an approach to the delivery of construction and demolition waste to
System Management Facilities, and as to the disposition of such waste; and
(iv) an approach to materials recovery processing.
(b) The Solid Waste Management Plan shall also set forth the base level of
service that the County intends to provide through the Solid Waste System, including
(without limitation) such items as collection of Recyclables and core operating hours of
disposal facilities. The Solid Waste Management Plan shall also explicitly provide for
the rights of parties to contract with one another or with other entities to provide levels of
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service above the base level of service; provided, however, that the Parties shall in all
events be required to comply with the provisions of Section 2.04.
(c) The Solid Waste Management Plan shall reserve to the County discretion,
within the framework of the Solid Waste Management Plan, over operational and
administrative matters related to the Solid Waste System, as provided in Article V. The
Solid Waste Management Plan shall reserve to the Parties the right to determine their
own systems and procedures for the collection of Solid Waste and related matters,
provided that such systems and procedures are reasonably designed to be consistent and
compatible with(i) the provisions of the Solid Waste Management Plan concerning Solid
Waste disposal and processing of County Recyclables and (ii) the County's administrative
and operational policies as to such matters.
ARTICLE V
Coup 's Operation of the Solid Waste System
5.01. In General. The County shall_ operate the Solid Waste System in a
manner reasonably consistent with the Solid Waste Management Plan. Within the
framework of the Solid Waste Management Plan, the County shall have discretion to
carry out operational and administrative matters related to the Solid Waste System in
such manner as in its discretion it deems most appropriate.
5.02. Solid Waste System Operation. (a) The County shall establish
and enforce reasonable rules and regulations governing the operation and use of the Solid
Waste System., operate the Solid Waste System in an efficient and economical manner,
and maintain the properties constituting the Solid Waste System in good repair and in
sound operating condition for so long as the same are necessary for the operation of the
Solid Waste System.
(b) As part of its responsibilities to operate the Solid Waste System, the
County shall provide System Management Facilities suitable for the disposition of Solid
Waste by the County, the Towns and all residents of the County and the Towns. The
County shall have the right to refuse to accept for disposal at System Management
Facilities any material or substance which the County reasonably determines is barred
from such disposal by the Solid Waste Management Plan or any applicable law or
regulation.
5.03. Compliance with Law. The County shall comply with, or cause
there to be compliance with, all applicable laws, orders, rules, regulations and
requirements of any governmental authority relating to the construction, use and
operation of the Solid Waste System. Nothing in this Agreement, however, shall prevent
the County from contesting in good faith the applicability or validity of any such law or
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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 operation or revenue-producing
capability of the Solid Waste System.
5.04. Budget. The County shall annually adopt a separate budget for the
Solid Waste System in accordance with the County's usual budgetary process.
5.05. Records Accounts and Audits: Other ReAor . (a) The County
shall segregate for accounting purposes all the accounts, moneys and investments of the
Solid Waste System.
(b) The County shall keep accurate records and accounts of all items of costs
and of all expenditures relating to the Solid Waste System, and of the System Revenues
collected and the application of System Revenues. Such records and accounts shall be
open to any Party's inspection at any reasonable time upon reasonable notice. The
County shall provide for the assets, liabilities and results of operations of the Solid Waste
System to be presented in the County's annual audit as a separate enterprise fund, in
accordance with generally accepting accounting principles.
(c) The County shall make, or cause to be made, any additional reports or
audits relating to the Solid Waste System as may be required by law. The County, as
often as may reasonably be requested, shall furnish such other information as the County
may have reasonably available concerning the Solid Waste System or its operation as the
Commission or any Party may reasonably request.
5.06. Rates Fees and Charges (a) The County shall establish and
maintain a system of rates, fees and charges for the use of, and for the services provided
by, the Solid Waste 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, including (i) costs of disposing of Solid Waste, (ii) to the
extent the County is so authorized under the Solid Waste Management Plan, costs of
collecting, processing and disposal of Recyclables, (iio-to the extent permitted by law,
costs of providing public benefits determined to be provided pursuant to Section 3.02,
and (iv) costs of solid waste reduction activities.
(b) Subject to the limitations of Sections 5.07, 5.08 and 5.09, the County may
revise any rates, fees and charges at any time and as often as it shall deem appropriate,
and shall not be limited in the number of times in any Fiscal Year that it changes any rate,
fee or charge.
5.07. Mixed Solid Waste Tipping Fee. (a) 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
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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.
(b) The County may decrease the Mixed Solid Waste Tipping Fee from time
to time in its discretion, without prior notice to or action by any other Party. The County
shall promptly notify the other Parties of any decrease in the Mixed Solid Waste Tipping
Fee.
5.08. Other Governmental Fees. (a) For the purposes of this Agreement,
a "Governmental Fee" shall mean any fee related to activities of the Solid Waste System
that is imposed directly and solely on the Parties themselves, other than the Mixed Solid
Waste Tipping Fee.
(b) If the County determines that it is or may be advisable to create and
impose any Governmental Fee, then the County shall give at least 30 days' notice of the
proposed Governmental Fee to the other Parties. A Governmental Fee may then be
imposed only if the creation and imposition of such Governmental Fee is subsequently
approved by the County and at least two other Parties (except that approval by any two
Parties shall be required at any there are less than four Parties to this Agreement). A
new Governmental Fee shall 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.
(c) The County may increase any individual Governmental 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 any individual Governmental Fee during or at the
beginning of any Fiscal Year to a fee that exceeds the fee in 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.
(d) 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 shall
promptly notify the other Parties of any decrease in any Governmental Fee.
5.09. Other Fees. If the County determines that it is or may be advisable to
create, increase or decrease any other rate, fee or charge, including any charges by the
County for the sale of goods (for example, mulch) or services, then the County shall give
at least 30 days' notice of the proposed change to the other Parties, and the County shall
request that the Commission consider the proposed change. If the Commission
recommends that the change be approved, then the change may take effect if it is
subsequently approved by the County. If the Commission recommends that the change
not be approved, then the change may take effect only if the change is subsequently
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approved by the County and at least two other Parties (except that approval by any two
Parties shall be required at any time there are less than_four Parties to this Agreement). A
change shall 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.
5.10. Time Limitation on Fee Change Approvals. Any approvals given
by a Party to the imposition or increase of any fee, pursuant to the approval requirements
in Sections 5.07, 5.08 and 5.09, shall be of no further effect after 90 days from the date of
the action granting approval (or after such shorter or longer period as may be made part
of the action granting approval), if the imposition or increase so approved has not by such
time received all approvals required for its effectiveness.
5.11. Use of SyStem Revenues and County General Funds. (a) The
County shall use System Revenues solely to carry out the Solid Waste Management Plan
and solely for the benefit of the Solid Waste System, including (i) to pay costs of
disposing of Solid Waste, (ii) to the extent the County is so authorized under the Solid
Waste Management Plan, to pay costs of collecting and processing Recyclables, (iii) to
the extent permitted by law, to pay costs of providing public benefits determined to be
provided pursuant to Section 3.02, and (iv) to pay costs of solid waste reduction
activities. The County shall not use System Revenues to pay costs of collecting Solid
Waste in unincorporated areas of the County.
(b) The County shall in no event be required to use assets or funds other than
those of the Solid Waste System to fulfill its obligations under this Agreement, including
its obligations under Section 2.03(a)but excluding its obligations under Section 2.04.
5.12. Risk Management, The County covenants that it will maintain a
practical program of insurance and risk management, with reasonable terms, conditions,
provisions and costs, which the County determines (a) will afford the County adequate
protection against loss caused by damage to or destruction of the Solid Waste System or
any part thereof and (b�will provide reasonable liability protection for bodily injury and
property damage resulting from the construction or operation of the Solid Waste System.
Any such insurance policies contracted by the County to provide for the risk
coverages required by this Section shall be carried with one or more responsible
insurance companies authorized and qualified to assume the risks thereof. The County
shall have the right to provide for the risk coverages required by this Section, in whole or
in part, by means of a reasonable and prudent program of self-insurance, pooled risk
coverages or other alternative means of risk management
All insurance polices and other risk coverages provided for in this Section shall be
for the County's benefit, and the County shall have the exclusive right to receive any
amounts recoverable under such coverages. The County shall apply any amounts
recovered under such coverages (net of any expenses of collection) in its discretion for
the benefit of the Solid Waste System.
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5.13. Solid Waste Reporting; Similar Matters. The County and the Towns
shall cooperate in preparing and submitting any reports that a Party may be required to
file with governmental authorities, such as the State's Division of Waste Management.
The County shall also be generally responsible for solid waste reporting, planning,
regulatory compliance and similar matters.
5.14. Reservation of County's Rigs Notwithstanding any provision of the
Solid Waste Management Plan or this Agreement to the contrary, the County shall in all
events be entitled to operate the Solid Waste System and all its facilities, and may adjust
any and all rates, fees and charges, as it may in its reasonable discretion deem reasonably
necessary (a) to comply with any requirements of any applicable law or regulation or any
court order, administrative decree or similar order of any judicial or regulatory authority,
(b) to comply with the requirements of any contracts, instruments or other agreements at
any time securing Outstanding System Debt, (c) to pay unfinanceable costs related to the
acquisition of the New Solid Waste Management Site, or (d) to pay costs of remediating
any adverse environmental conditions at any time existing with respect to the Solid Waste
System.
- ARTICLE VI
Solid Waste Management Commission
6.01. Establishment. There is hereby established the "Orange County
Solid Waste Management Commission."
6.02. Commission's Responsibilities. The Commission shall advise the
County's Governing Board on matters related to the Solid Waste System and the Solid
Waste Management Plap. The Commission's responsibilities include the following:
(a) To recommend programs, policies, expansions and reductions of
services, and other matters related to the operation of the Solid Waste System;
(b) To suggest amendments to the Solid Waste Management Plan;
(c) To provide advice to the County Manager for use in the County
Manager's developing the proposed annual budget for the Solid Waste System, to review
the budget for the Solid Waste 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) To receive and interpret public input concerning the Solid Waste
System and the Solid Waste Management Plan;
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(e) To further such mission and goals for the Solid Waste System as
the Governing Boards may together adopt from time to time (a copy of the current
version of the mission statement and goals appears as Exhibit D);
(f) To advise the County Manager on the hiring of any subsequent
department head for the Solid Waste System;
(g) 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 Commission pursuant to Section 5.09; and
(h) Such other matters as the Commission may deem appropriate or
which may be requested by any Governing Board or the County Manager.
6.03. Appointment of Members-, Terms, (a) Each Governing Board shall
appoint two members to the Commission. All appointments shall be made within 45
days of the Parties' reaching final agreement on the Open Matters, and each Party shall
notify all the other Parties of its appointments within 10 days of making such
appointments.
(b) Commission members shall serve staggered three-year terms. To provide
for the staggered terms of the members, the initial appointments by the Parties shall be
for the following terms:
County: Member A. 3 years
Member B. 2 years
Carrboro: Member A. 2 years
Member B. 3 years
Chapel Hill: Member A. 3 years --
Member B. 1 year
Hillsborough: Member A. 1 year
Member B. 2 years
(c) The first year of the term of each initial member of the Commission shall
be deemed to expire on December 31, 1998. Thereafter, each year of the term of an
Commission member shall run from January 1 through the subsequent December 31, but
each member shall continue to serve until such member's successor has been duly
appointed and qualified for office.
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(d) Each Party may establish its own rules and procedures for selecting and
appointing Commission members, except that no staff member of a Party may be
appointed as a Commission member. This Agreement in no way requires that any
member be an elected official of the appointing Party. Any elected official of a Party
appointed to the Commission shall be deemed to be serving on the Commission as a part
of the individual's duties of office, and shall not be considered to be serving in a separate
office. Any elected official of a Party appointed to the Commission shall cease to be a
member of the Commission upon such individual's cessation of service as an elected
official of such Party. Each member of the Commission serves at the pleasure of the
appointing Party, and may be removed at any time by the appointing Party, with or
without cause.
(e) Any vacancy on the Commission shall be filled by the Governing Board
that appointed the person who vacated the Commission seat. In the case of a vacancy
created during the term of a member, the appointment to fill the vacancy shall be made
for the remaining portion of the term in order to preserve the staggered-term pattern.
6.04. Commission's Procedures. The Commission may adopt its own rules of
procedure not inconsistent with the provisions of this Agreement, but the Commission's
procedures shall include the following provisions:
(a) Each member of the Commission shall 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 shall be entitled to cast two votes.
(b) A number of affirmative votes equal to a majority of the authorized
number of Commission members shall be necessary to take any action.
(c) The Commission's presiding officer shall vote as a member of the
Commission, but shall have no additional or tie-breaking vote.
(d) Representatives of a Party that has given-notice of withdrawal as provided
in Section 7.02 shall have no vote on any matters that will affect the Solid Waste System
beyond the effective date of such Party's withdrawal, and such members shall not be
deemed to be within the authorized number of Commission members for the purposes of
subsection(b) above.
ARTICLE VII
Term of Agreement; Withdrawal
7.01. Term, This Agreement (a), shall take effect immediately upon its
execution and delivery by all the Parties, and (b) shall continue in effect so long as there
t
13
are at least two Parties to the Agreement, in each case subject to the provisions of Section
1.02.
7.02. Withdrawal of a Party. (a) 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 other provisions of this Section.
(b) 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.
(c) No withdrawal shall relieve a Party of its obligations under Section 2.04 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 shall be disregarded
for the purposes of this subsection.
(d) No withdrawal shall relieve any Parry of its individual liability, if any,
under environmental laws or otherwise, related to its respective use or ownership of the
Solid Waste System which may accrue or which has accrued prior to the effective date of
such Party's withdrawal.
ARTICLE VIII
Parties' Representations and Warranties
The Parties hereby represent and warrant, one to each other, but each only as to
itself, as follows:
(a) Valid Existence: Due Authorization, The Party is a public body
validly organized and= existing under State law, has full power to enter into this
Agreement and has duly authorized, executed and delivered this Agreement.
(b) Valid Obligation. This Agreement, when executed and delivered by
the Party and assuming its due authorization, execution and delivery by each other Party,
will be the legal, valid and binding obligation of the Party, enforceable in accordance
with its terms, except to the extent the same may be limited by the application of
insolvency and similar general laws and by the application of equitable principles.
(c) No Breach of Law or Contract. Neither the execution and delivery of
this Agreement nor the consummation of the transactions contemplated hereby, nor the
fulfillment of or compliance with the terms and conditions of this Agreement, (i) to the
best of the Party's knowledge, constitutes a violation of any provision of law, rule or
regulation governing the Party, or (ii) results in a breach of the terms, conditions or
14
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provisions of any contract, lease or other agreement or any order, decree or judgment to
which the Party is a party or by which the Party is bound.
(d) No Litigation. There is no litigation or any governmental administrative
proceeding to which the Party (or any official thereof in an official capacity) is a party
that is pending or, to the best of the Party's knowledge after reasonable investigation,
threatened with respect to (i) the Party's organization or existence, (ii) its authority to
execute and deliver this Agreement or to comply with the terms of this Agreement, (iii)
the validity or enforceability of this Agreement or the transactions contemplated hereby,
(iv) the title of the Party officers who executed this Agreement, (v) any proceedings
relating to the Party's authorization, execution, delivery or performance of this
Agreement, or (vi) the undertaking of the transactions contemplated by this Agreement.
To the best of the Party's knowledge, there is no reasonable basis existing for any such
litigation.
(e) No Misrepresentation. No representation, covenant or warranty by the
Party in this Agreement is false or misleading in any material respect.
ARTICLE IX
Miscellaneous
9.01. Amendments. This Agreement may not be modified or amended unless
such amendment is approved by all Parties, is in writing and is signed on behalf of all the
Parties.
9.02. Definitions; Rules of Construction. All capitalized terms used in this
Agreement and not otherwise defined shall have the meanings ascribed thereto in Exhibit
A. This Agreement and its terms shall be construed using the rules of construction set
forth in Exhibit B. ,
9.03. Notices.
(a) Any notice or other communication required or permitted by this
Agreement must be in writing.
(b) Any notice or other communication shall be deemed given (i) on
the date delivered by hand or (ii) on the date it is received by mail, as evidenced by the
date shown on a United States mail registered mail receipt, in any case addressed as
follows:
(A) If to the County, as follows:
Orange County
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Attn: County Manager
200 South Cameron St.
Hillsborough,NC 27278
(B) If to Carrboro, as follows:
Town of Carrboro
Attn: Town Manager
301 West Main St.
Carrboro,NC 27510
(C) If to Chapel Hill, as follows:
Town of Chapel Hill
Attn: Town Manager
306 North Columbia St.
Chapel Hill,NC 27516
(D) If to Hillsborough, as follows:
Town of Hillsborough
Attn: Town Manager
137 North Churton St.
Hillsborough,NC 27278
When this Agreement requires that notice be given to more than one Party, the effective
date of the notice shall be the last date on which notice is deemed given to any required
Party.
(c) Any Party may designate a different address for communications by notice
given under this Section to each other Party.
(d) A Party may also designate, by notice to each other Party under this
Section, additional addresses to which copies of required notices shall be given. Each
Party shall make a good faith effort to send required notices to such additional
addressees, but no failure to deliver any such additional notices shall affect the validity of
notices properly given to the address designated in subsection(a) or its successor address.
(e) 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 shall not be a condition precedent to the
validity of any action taken in reliance upon such waiver.
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9.04. Further Instruments. Upon any Party's request, the Parties shall
execute, acknowledge and deliver such further instruments as may be reasonably desired
by any Party to carry out more effectively the purposes and intents of this Agreement.
9.05. Limitation of Rights.Nothing expressed or implied in this Agreement
shall give any person other than the Parties any rights to enforce any provision of this
Agreement. There are no intended third-party beneficiaries of this Agreement.
9.06. Non-Business Days. When any action is provided in this Agreement to
be done on a designated day or within a designated time period, and the designated day or
the last day of the designated period is not a Business Day, the action may be done on the
next Business Day, with the same effect as if done on the designated day.
9.07. Survival of Covenants and Representations. All covenants,
representations and warranties made by the Parties in this Agreement shall survive the
delivery of this Agreement.
9.08. Severability. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement; provided, however, that
upon the election of any Party, this Agreement shall immediately become void and of no
further effect upon such election (except that the provisions of Section 2.04 and Section
7.02(c) shall continue in effect, unless either such Section is among the Sections held
unenforceable) if any provisions of Section.2.02, Section 2.03, Section 2.04, Section 5.11
or Article VII are among those held unenforceable.
9.09. Governing Law. The parties intend that this Agreement and all rights
and obligations provided for in this Agreement, including matters of construction,
validity and performance, shall be governed by North Carolina law.
9.10. Entire Contract. This Agreement, including the Exhibits, constitutes
the entire agreement between the Parties with respect to its subject matter.
9.11. Counterparts, This Agreement may be signed in several
counterparts, including separate counterparts. Each shall be an original, but all of them
together constitute the same instrument.
[The remainder of this page has been left blank intentionally.]
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed in its corporate name by its duly authorized officers, all as of the date first above
written.
ORANGE COUNTY,NORTH CAROLINA
(SEAL)
By:
Chair,Board of Commissioners
ATTEST:
Clerk,Board of Commissioners
TOWN OF CARRBORO,NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:
Town Clerk
TOWN OF CHAPEL HILL,
NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:
Town Clc*
TOWN OF HILLSBOROUGH,
NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:
Town Clerk
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EXHIBIT A
DEFINITIONS
For all purposes of this Agreement, the following terms have the following
meanings, unless the context clearly indicates otherwise.
"Agreement" means this Interlocal Agreement Concerning Solid Waste
Management Matters, as it may be duly amended and supplemented from time to time.
"Business Day" means any day (a) other than a day on which national banks are
required or authorized to close and (b) on which the New York Stock Exchange is not
closed.
"Carrboro"means the Town of Carrboro,North Carolina.
"Chapel Hill"means the Town of Chapel Hill,North Carolina.
"Closing"means the consummation of the Transfer by the execution and delivery
of the Transfer Agreement.
"Commission"means the Orange County Solid Waste Management Commission
created pursuant to Article VI.
"County"means Orange County,North Carolina.
"County Manager"means the County's chief administrative officer.
_ "County Recyclables"means all materials processed by the County for recycling
and not disposed of at System Management Facilities,-as the same shall be established
and amended from time to time under the Solid Waste Management Plan.
"Existing System Assets"means all assets of the Solid Waste System existing as
of the Closing, including, without limitation, the existing landfill, all other land and
buildings, all equipment, including rolling stock, all license, permits and other
governmental authorizations, all contracts, all customer records, all bank and other
business records, and all cash and investments, including the capital reserve account
currently maintained by Chapel Hill on behalf of the Landfill Owners' Group, but
expressly excluding any interest in the Greene Tract.
"Fiscal Year" means the County's fiscal year beginning July 1, or such other
fiscal year as the County may lawfully establish.
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"Governing Board"means, for any Party, its governing board of elected officials.
"Greene 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 15, Page
138, Orange County Registry.
"Hillsborough"means the Town of Hillsborough,North Carolina.
"Mixed Solid Waste Tipping Fee" means the fee of that name assessed for
disposing mixed solid waste at the existing landfill, or any successor to that fee.
"New Solid Waste Management Site" means the location of the new System
Management Facilities which are expected to be needed to serve the solid waste disposal
needs of the residents of Orange County and the towns therein.
"Open Matters"has the meaning assigned in Section 1.02.
"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 Other 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 not constitute Other Recyclables, for example, if
the entity to which 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.
"Parties"means, collectively, the County and the Towns, and "Party"means any
one of them individually.
"Solid Waste"means all materials accepted by the County for disposal at System
Management Facilities, as the same shall be established and amended from time to time
under the Solid Waste Management Plan (subject to the provisions of Section 5.02(b)),
which therefore does not include County Recyclables.
"Solid Waste 11anagement Plan" means the plan initially to be developed and
adopted by all the Parties in accordance with Article IV, as it may be amended and
supplemented from time to time in accordance with its terms.
"Solid Waste 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
Recyclables, reducing solid waste, disposing of Solid Waste 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.
"State"means the State of North Carolina.
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"System Debt" means all obligations incurred or assumed by the County in
connection with the ownership or operation of the System for payments of principal and
interest with respect to borrowed money, without regard to the form of the transaction,
and specifically including leases or similar financing agreements which are required to be
capitalized in accordance with generally accepted accounting principles. System Debt is
"Outstanding"at all times after it is issued or contracted until it is paid.
"System Employees" means employees of Chapel Hill directly engaged in
carrying out the business of the Solid Waste System (but expressly not including
employees of Chapel Hill's sanitation department).
"System Management Facilities" means those assets of the Solid Waste System
used to provide final disposal of solid waste, such as landfills.
"System Revenues" means all amounts derived by the County from the
imposition of rates, fees and charges for the use of, and for the services fiunished by, the
Solid Waste System.
"Towns"means, collectively, Carrboro, Chapel Hill and Hillsborough.
"Transfer" means the conveyance of the Existing System Assets to the County
pursuant to the Transfer Agreement in accordance with Article H.
"Transfer Agreement"has the meaning assigned in Section 2.01.
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EXHIBIT B
RULES OF CONSTRUCTION
For all purposes of this Agreement, unless the context clearly requires otherwise,
(a) an accounting term not otherwise defined has the meaning assigned
to it in accordance with generally accepted accounting principles;
(b) references to Articles and Sections are to the Articles and Sections
of this Agreement;
(c) words importing the singular shall include the plural and vice
versa;
(d) the headings in this Agreement are solely for convenience of
reference; the headings shall not constitute a part of this Agreement, nor shall they affect
its meanings, construction or effect;
(e) all references to any Party shall be deemed to include any
successor to the general functions,powers and properties of such Party; and
(f) any references to approvals or other actions by any Party shall be
deemed to be reference's to actions taken by the Party's Governing Board or taken
pursuant to express, specific direction given by the Party's Governing Board.
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EXHIBIT C
DOCUMENTS AND INSTRUMENTS FOR TRANSFER
(a) General warranty deed for the transfer of Carrboro's and Chapel Hill's real
property interests in Existing System Assets;
(b) Titles to vehicles that are subject to State titling laws, properly endorsed
for transfer,
(c) Bills of Sale to convey all ownership rights in all other personal property
constituting any portion of Existing System Assets;
(d) An Assignment and Assumption Agreement, transferring to the County all
rights under existing contracts that constitute any portion of the Existing System Assets;
(e) All instruments necessary and appropriate to transfer to the County all
permits, licenses and other governmental authorizations now being utilized in connection
with the operation of the System;
(f) A detailed listing of the assets being transferred; and
(g) Such other documents and instruments as any Party may reasonably
request.
x.
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EXHIBIT D
MISSTON AND GO-AU
24
the mission or the "Orange Jolla waste lvlanagement CJroup" shall be to
minimise the generation of waste; to conserve resources; to recycle and reuse `
} .
that portion of our waste that we can; and to dispose of the remaining solid
waste in an environmentally sound, socially responsible and cost effective
manner.
a. Manage the waste in Orange County consistent with the mission
statement above, consistent with environmental and human health
protection, consistent with conservation of natural resources and
energy, and in compliance with all federal, State and local laws and
regulations.
b. Set aggressive waste reduction goals, with the intent of raising waste
reduction goals when set goals have been achieved.
C. Achieve ,these stated goals through the development of public and
public-private waste prevention, source reduction, recycling and reuse
opportunities, materials recovery, as well as development and
implementation of public and public-private education programs,
policies and incentives to promote waste prevention, recycling and
reuse.
d. Design, develop and implement public information, awareness and
education programs designed to increase public awareness of the need
for, and public involvement in the implementation of, source reduction,
recycling, composting, and to promote environmentally sound and cost
effective integrated solid waste management.
e. Participate with regional efforts to manage and reduce waste, when
consistent with adopted goals and policies.
f. Evaluate and establish alternatives for the management of recyclable
materials banned from landfilling.
g. Evaluate and establish alternatives for the management of materials
which pose special management problems. Develop programs which
result in the elimination of these materials from the waste stream
whenever possible.
Adopted by the Landfill Owners Group October 19, 1995. Subsequently adopted by the governing boards
of Carrboro, Chapel Hill,Hillsborough and Orange County.
} GOALS FOR THE MANAGEINiENT OF SOLID WASTE IN ORANGE COUNTY
h. Reduce and eventually eliminate littering and illegal dumping of solid
waste in Orange County by developing and enforcing harsh penalties
for such activities.
i. Make planning for solid waste in Orange County consistent with the
above stated management practices. Priority should be given to waste
prevention and waste reduction in order to make landfilling the last
resort
j. Develop a comprehensive integrated solid waste management plan for
the Agency, and work with all the generators of solid waste in Orange
County to implement the plan.
k. Involve the public in solid waste management planning and program
development through public hearings, committees and advisory boards,
as well as other means.
1. Ensure that adequate capacity of solid waste disposal facilities exist to
meet the needs of the people of Orange County.
m. Provide proactive planning, guidance and oversight for the
construction, operation, monitoring and closure of solid waste disposal
facilities.
n. Ensure that the present landfill and any future landfills are operated to
last as long as reasonable.
Adopted by the Landfill Owners Group October 19, 1995. Subsequently adopted by the governing boards
of Carrboro,Chapel Hill,Hillsborough and Orange County.
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• SOLID WASTE PLAN FOR ORANGE COUNTY, NORTH CAROLINA
Table of Contents
The complete document originated
in the Town of Chapel Hill's
Introduction Public Works Department. They
may be contacted for copies.
Chapter 1
Evaluate Solid Waste Stream................................................................. 1-1
Chapter 2
Goals for reduction of solid waste by 2001 and 2006 ........................... 2-1
Chapter 3
Plan for waste reduction......................................................................... 3-1
Chapter 4
Development of the plan and public participation................................. 4-1
Chapter 5 Assessment of current programs and description of intended
actions for.
a. Reduction.................................................................................. 5-1
b. Collection................................................................................. 5-4
c. Recycling and Reuse................................................................ 5-4
d. Composting and mulching....................................................... 5-6
e. Incineration with energy recovery ........................................... 5-7
f
f. Incineration without energy recovery....................................... 5-8
g. Transfer outside geographic area covered by the plan............ 5-9
h. Disposal..........::........................................................................ 5-10
Chapter 6
Assessment of current programs
a. Education with the community and through the schools......... 6-1
b. Management of special wastes ................................................ 6-2
c. Prevention if illegal disposal.................................................... 6-3
d. Purchase of materials with recycled content........................... .6-4
Chapter 7
Full Cost Accounting ............................................................................. 7-1 :
Chapter 8
Consideration of the use of private facilities......................................... 8-1
" Appendix 1 Resolution of Town of Chapel Hill Solid Waste Department as
7
Lead Agency in Plan Preparation
1 Printed on 2096 Post Consumer Rwycled Pk=
t
Appendix 1 List of Resolutions Approving Solid Waste Plan and
Process
Appendix 2 Resolution Adopting Waste Reduction Goals for 2001
and 2006
Appendix 3 Resolution Adopting Framework of the Plan
Appendix 4 Alternative Sources of Financing
Appendix 5 Guidelines for Preparation of Solid Waste Management
Plan
Appendix 6 List of Educational and Outreach Materials for Orange
Community Recycling
Appendix 7 Out-of-County Disposal Options
Appendix 8 History and Technical Background of Orange County
Landfill Site Search
2
• List of Tables
Page Number
Chapter 1
Table 1-la Summary of Residential Waste Composition 1-2
Table 1-lb Summary of Commercial Waste Composition.....................1-3
Table 1-lc Estimated Aggregated Waste Composition..........................1-4
Table 1-2 Estimated Construction and Demolition Waste By Ton........1-6
Table 1-3a Sources of Landfill Waste 1995-96......................................1-8
Table 1-3b Types of Waste Delivered to Landfill 1995-96 ...................1-10
Table 1-4 Annual Recycling Statistics 1995-96...:.................................1-13
Table 1-5 Summary of waste landfilled v. waste recycled in Orange
County...................................................................................1-16
Table 1-6a University of North Carolina Waste Managed 1995-96.....1-18
Table 1-6b University of North Carolina Waste Recycled, Main
Programs..............................................................................1-19
Table 1-6c University of North Carolina Hospital Waste Recycled......1-20
Chapter 2
Table 2-1 Comparing Waste Reduction Goals Using 1988-89 v.
1991-92 as Base Year.............................................................2-2
Chapter 3
Table 3-1 Summary of Orange County's Solid Waste Plan for Mixed
Solid Waste Reduction...........................................................3-1
Table 3-2 Costs of Current and Future Solid Waste and Recycling at
50% reduction ........................................................................3-4
Table 3-3 Summary of Estimated Diversion Potential from a semi-
automated Construction and Demolition waste recycling
facility.....................................................................................3-12
Table 3-4 Summary Cost Table for Alternatives to Manage
Construction and Demolition Wastes ....................................3-13
Chapter 6
Table 6-1 Summary of Hazardous Household Waste Collections.........6-4
Chapter 7
Table 7-1 a-f Orange Regional Landfill Budget FY 1995-96.................7-3
Table 7-2 Orange Community Recycling Curbside Recycling..............7-9
Table 7-3 Orange Community Recycling General Cost.........................7-10
Table 7-4 a-d Orange Regional Landfill Operation Cost.......................7-11
Chapter 8
Table 8-1 System Processing Tonnage...................................................8-7
3
Solid Waste plan for Orange County North Carolina
July 16, 1997
Introduction
The governments of Orange County have set ambitious waste reduction goals for 2001
and 2006. Based on a 1991-92,the goals are 45% and 61% waste reduction per capita.
The 61% overall goal seems to be an odd number, but it is based on the 50% goal
originally established by the Owners Group,based on the 1988-89 base year.
Arithmetically, the amount of reduction stays the same to reach a 61% goal compared
with 1991-92. The primary difference is that UNC power plant coal ash was 7,000 tons
in 1988-89 and 23,500 tons in 1991-92 and is now gone from the waste stream into a
privately operated composting program. (see table 2-1)
The framework adopted for the plan is the result of long and intense study of a variety of
options for reducing solid waste. Chapter 4 on public participation contains a significant
history of solid waste planning in Orange County, NC as part of the documentation of
public participation. Beginning in 1986, Orange County has implemented expansions of
recycling, innovations in landfill technologies, vertical landfill expansion, and other
efforts to reduce the use of landfill space. We have diverted brush, leaves and white
goods from landfilling since 1978. Consequently,we have extended the projected life of
our existing landfill by an estimated eight years over the originally projected closing date
of 1997.
Faced simultaneously with difficult decisions on landfill siting, reorganization of local
solid waste management functions and selection of a solid waste reduction plan and goals
has resulted in a protracted planning process. We are well aware that the framework for
waste reduction presented in this report is but a beginning towards a very challenging
process of implementing the plan for reducing solid waste in our County. We are
encouraged by the commitment to the preliminary design and planning phase of the
materials recovery facility during the coming year and the commitment to the first stage
of the construction and demolition waste reduction programs.
The reorganization of solid waste functions in Orange County appears to be entering its
final phase. A draft contract is now circulating among the governments that will codify
solid waste management. The local governments have agreed in principle that the County
government will take over landfill operation, administration and the other activities now
performed by the Town of Chapel Hill Solid Waste Department. Those activities include
recycling and waste reduction, solid waste planning, management of the landfill funds,
and various analyses and technical tasks related to solid waste planning, landfill operation
and management, and location of future facilities.
The landfill siting activity continues to be a challenge. The Landfill Owners Group has
now established a work group with neighbors of the current landfill to develop a
compensation package for those neighborhoods that have borne the burden of the current
landfill since 1972. That same compensation process may apply to the same
neighborhood if the new site chosen adjoins the existing site. That new site, known as
OC-17 has been voted on favorably by The Town of Chapel Hill and Orange County. It
has not been finalized as the selected site.
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Regardless of the outcome of the landfill search process, all the local governments in the
County are committed to significant waste reduction through implementation of the plan
elements adopted to reach 45% and 61% reduction.
' We anticipate that our three year update will show significant progress.
Overview of the Plan Report
The attached comprehensive solid waste plan contains plans prepared by the Solid Waste
Management Department of the Town of Chapel Hill (hereinafter Solid Waste
Department) and the member governments of the Orange Regional Landfill Owners
Group including the Towns of Carrboro, Chapel Hill and Hillsborough and Orange
County. The governments designated the Solid Waste Department as the lead agency in
plan preparation and submittal of the plan. (See Appendix 1)
A separate report prepared by the University of North Carolina Office of Waste
Reduction and Recycling is also included. While that report does not strictly follow the
format of the local government reports it contains most of the required information on,
tonnage managed.
The Owners Group recommended that the four governments adopt solid waste reduction
goals of 45% per capita by 2001 and 61%per capita reduction by 2006 when compared
with a base year of 1991-92. (see Appendix 2). According to the State of North Carolina,
waste per capita was reduced by 37% by the end of 1995-96 fiscal year when compared
with the base year of 1991-92.
All four governments participated in a county-wide integrated solid waste plan process
that began in 1993 with development of a scope of work and culminated in 1997 with
adoption of a framework of a plan for meeting the established solid waste reduction goals
they adopted. (See Appendix 3) The integrated planning process addressed changes in
waste prevention,collection and processing. Future plans for final disposal are not
determined at this time but will be addressed in the body of the plan under item 5h.
This report contains separate solid waste plans prepared by each of the four local
governments and reviewed by the Solid Waste Department staff. The governmental
reports cover primarily existing collection activities by each government and contain their
full cost analyses for waste management. The Solid Waste Department wrote sections 1,
2,3,4,5 for all areas except refuse collection(5b) and that composting(5d) undertaken by
each government. e.g. leaf mulching in Carrboro and brush collection in Hillsborough.
The individual governments wrote section 6 and 7 and included literature they distribute
to the public on solid waste.The Solid Waste Department wrote section 6a education in
the community and the schools and section 6d for the Town of Chapel Hill. The Solid
Waste Department also wrote section 7 for the landfill and recycling.
Section 8 was written by the Solid Waste Department with assistance from the various
governments. This section describes existing private activities as well as opportunities
that were considered over the past decade by the governments and the Landfill Owners
Group for privatization of services.
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Since the University of North Carolina is the largest employer in the County and a large
generator of solid waste, we have included tonnage information from their Office of
Waste Reduction and Recycling on their activities to manage and reduce solid waste.
Their recycling coordinator has expressed interest in the proposed materials recovery
facility. However, some uncertainties are likely to arise regarding the University of North
Carolina waste and recyclables due to the university not being under local government
control
Next steps for waste reduction in Orange County.
The 1997-98 Orange Regional Landfill budget contains funds for two major initiatives
towards solid waste reduction plan implementation. Funds have been earmarked for
consulting services to investigate the best method for acquiring a materials recovery
facility to process and market recyclable materials collected in Orange County. The
materials recovery facility is a linchpin in future strategies to increase the amount of
recycling since it would enable broader and more efficient collection of commingled
recyclables from all economic and geographic sectors of Orange County.
The second initiative is for reduction of construction and demolition waste through
development of a program for salvaging reusable and recyclable materials at the landfill
and a program under which each jurisdiction in the County would require a solid waste
plan for all construction projects valued over$50,000. The proposed plan ordinances
would be modeled on the existing Chapel Hill solid waste plan ordinance (Appendix 5),
and would, at a minimum,require separation of reusable and recyclable materials. A plan
enforcement compliance officer would review all plans'and inspect all sites for
compliance in all jurisdictions. -'
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