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Cumberland Landfill - Response to General Questions regarding OLD, LLC A-2 CUP; OLD, LLC M-2C; CCDC, LLC M-2 CUP Applications
Host Community Agreement
1. What does the Host Community Agreement provide in terms of adjustments for inflation,
community contributions, tipping fees, etc.?
The $2.10 per ton Host Fee paid to the County increases every year of operation by 2% (CPI), or the Consumer Price index whichever is greater (page 22, Section 10). The 16,000 tons per year of free waste tipping by the County increases every year of operation by 2% (page 14, Section 4). The following benefits are adjusted annually by the CPI: $5, 000 per year for the Keeping Cumberland Clean Day fund (page 17, Section 6);$130,000 per year for Convenience Center employment (page 18, Section 7); $25,000 for Final Use Plan (page 19, Section 9); $25,000 per year Closure Fund (page 20, Section 9); $100,000 per year for County Inspectors (page 27, Section 16); $10,000 per year College Scholarship Fund (page 27, Section 17); and $15,000 per year Fire and Rescue Donation (page 27, Section 18).
2. What locations are specified in the Host Community Agreement as those from which Allied
will accept waste for disposal at Cumberland Landfill?
Virginia, Washington, D.C., Maryland and, with Board approval, North Carolina. This restricted area is allowed and enforceable when offered by agreement between a private company and a municipality.
3. What is required of Cumberland County to "actively support" Allied's development efforts?
For example, the County needs to provide timely responses to any requests for information from the VDEQ when and if the contingencies contained in the Host Community Agreement are met. If zoning is approved, the County would be required to respond to the VDEQ's request for confirmation of Host Community Agreement compliance for the site.
Assurances Guarantees & Insurance
1. What guarantees does the County have that its financial rewards will be realized under any and all circumstances?
The County has the right to enforce the terms of the Host Community Agreement against Allied in regard to any breach, to include the collection of liquidated damages and attorneys 'fees (page 50, Sections 36 and 37), and enforcement actions are subject exclusively to Virginia law and must be heard in the Courts of Cumberland County (page 50, Section 35).
2. Who is going to insure Cumberland Landfill and what assurances do we have that the county will not be burdened with issues for which it should not ever be responsible?
Allied will select either an insurance agreement or a bankfinanced bond as required by the VDEQ financial assurances regulations, but in any event such an assurance provider will meet the terms and conditions of the Host Community Agreement (page 48, Section 32). The insurance and or bonds mandated by DEQ reflect an amount equal to or greater than the cost of closure, post-closure and monitoring operations that would exist if a landfill permit holder were to cease operations while being insolvent.
3. What are the different types of insurance that Allied will carry?
Allied will have all types of insurance (ex. unemployment insurance) as required by State and Federal Law, and by the Host Community Agreement (page 48, Section 32). In addition, Allied will have in place all financial assurance requirements as dictated by the VDEQ.
4. What is the success rate of new landfills and have any been closed because of poor design or operation?
Almost all closures of modern, Subtitle D landfills have been due to either (a) economic reasons, as smaller communities recognize that such facilities cannot be economically operated at small volumes, or (b) space restrictions, where all usable landfill cell space has been filled and no further expansion is possible.
5. If there is a problem, who fixes it and with what money?
CCDC and Allied, at their cost, are required to resolve any breach of contract with the County, as well as any violation of VDEQ regulations at the Facility.
Property Value Protection
1. Why is the property value protection plan so (apparently) limited in its scope?
Due to the large total acreage acquired by Allied in order to buffer the landfill from its neighbors, the radius of the plan has been designed to cover those residences that may be affected by the landfill. Extensive buffer requirements, operating restrictions together with all of the protection provided by the Host Community Agreement and the VDEQ permitting process largely mitigate any material impact on nearby residences.
2. What has happened to land values in counties that have opened new landfills, and specifically the entire counties, not just land adjacent to the facilities?
The affects of new landfills on nearby residential property values cannot be easily generalized. One must consider macro and micro economic drivers as well as buffer requirements, host community agreement terms, property protection programs (or the lack thereof) as well as local, state and federal permit restrictions. Locally, it is interesting to note that in both Chesterfield and Henrico Counties, subdivisions containing high end housing have been developed around both the Shoesmith landfill and the Henrico County Springfield Road landfill.
Allied
1. What is the relationship between Allied, Cumberland County Development Company, and Obscurity Land Development?
Cumberland Development Company and Obscurity Land Development are both wholly owned subsidiaries of Allied.
2. What is Allied's financial status?
Allied is in good financial condition and is rated B2 by Moody's and BB by Standard & Poors. Its latest Form 10-K SEC Financial disclosures are available at the Planning Office.
Moody's long-term obligation ratings are opinions of the relative credit risk of fixed-income obligations with an original maturity of one year or more. They address the possibility that a financial obligation will not be honored as promised. Such ratings reflect both the likelihood of default and any financial loss suffered in the event of default.
Speculative grade
B1, B2, B3
Obligations rated B are considered speculative and are subject to high credit risk.
As a credit rating agency, Standard & Poor's issues credit ratings for the debt of companies. As such, it is designated a Nationally Recognized Statistical Rating Organization by the U.S. Securities and Exchange Commission.
It issues both short-term and long-term credit ratings.
Non-Investment Grade BB: more prone to changes in the economy (also known as junk bonds)
3. What is Allied's record of performance in the waste disposal facilities that it has built?
Allied maintains an exemplaty record ofperformance at facilities built by the company. Any violations are dealt with immediately as mandated by Allied's internal policies as well as by federal, state and local laws and regulations. This can be verified by reviewing records on file with the VDEQ in regard to Virginia facilities.
4. How has the company performed when called upon to fix any problems that may have occurred at its waste disposal facilities?
See answer to 3 above.
5. Who is on the board of Obscurity Land Development, LLC?
Employees of Allied.
6. Who is on the board of Cumberland County Development Corp, LLC?
Employees of Allied.
7. What is the contract between CCDC and OLD? Please provide a copy.
There is no contract between CCDC and OLD. Both are wholly owned subsidiaries of Allied.
Traffic
1. What is an itinerary and timeline for a typical waste hauler traveling within the County, on each of the three proposed routes and on the landfill property itself?
As required by the Host Community Agreement, waste haulers are required to use designated routes. It is estimated that 85 to 95% of the anticipated truck traflc will be accessing the Facility from the east along US. Route 60. 5 to 15% of the anticipated truck trafic will be accessing the Facility from the west, and will include mostly local haulers serving the Farmville and Cartersville areas. The vast majority of waste haulers will be arriving at the Facility during the normal working hours (i.e., 5:30 a.m. until 5:30 p.m.). Vehicles arriving before or after the normal working hours will be staged at the trucking terminal. The trucking terminal is key to normalizing traflc flow during peak traffic hours along US. Route 60.
2. What is the projected number of trucks and associated traffic entering the County at each stage of landfill development and the percentages on each route?
Initially, the average daily traflc volume is expected to rangefiom 100 to 150 trucks accessing the facility. Over time, the average daily truck volume is expected to increase consistent with the Host Community Agreement to 225 to 275 trucks accessing the Facility.
3. What safety measures can be implemented to protect citizens commuting to jobs outside the County while also preserving the peace and tranquility of citizens that may be affected by the traffic?
As part of the required Virginia Department of Transportation VDOT) traffic study, Allied is evaluating the current level of service and the expected level of service associated with the proposed development and future growth in the area. Based on preliminary traffic study data, the existing road infrastmcture is adequate to support the additional traffic. It is also anticipated that the DOT may require some roadway modifications in the vicinity of the proposed new intersection. These improvements, which may include left and right turning lanes, coupled with the proposed truck staging area, will minimize future trafic impacts and safety concerns.
4. How many trucks will be entering and leaving the facility each day?
See response to number 2 above.
5. How many trucks will be allowed on Route 45 between Routes 6 and 60?
Currently, Allied anticipates limited tractor trailer volume on State Route 45 between State Route 6 and US. Route 60 accessing the landfill. The waste collection activities that will occur in the area will be serving area residents and businesses.
6. How many, if any, trucks will be allowed to use Route 60 when school buses are operating?
It is currently estimated that 10 to 25 tractor trailers per day will be accessing the landfill from the west on US. Route 60, over a 10 to 12 hour operating day.
7. What does the company mean when it states that it will educate non CCDC drivers regarding the roads?
Any customer accessing the landfill via trucks not controlled by Allied will be informed of the designated truck routes. Allied will provide all drivers, including independent contract haulers, with a notice of designated route restrictions. Per Section 3 (h) of the Host Community Agreement, Allied will deny violators further access to the Facility until compliance is achieved.
8. Will a traffic light be required at the new landfill road intersection?
It is not anticipated that a traffic signal will be required. Based on the preliminary traffic study, it is anticipated that theVDOT may require some improvements at the proposed new intersection. Subject to completion of the final traffic study and subsequent VDOT approvals, Allied is evaluating whether a trafic light would be needed. There are very specific conditions that indicate the necessity of a signal, and these will be reviewed in the final traffic study.
Page Countv
1. How is this proposal different from Page County?
The two projects are substantially different. Of particular importance to Cumberland is the fact that with Page County, it both owned the Battlefield Creek facility and held the landfill permit in its name. In Cumberland, Allied owns the land and will hold the permit. Accordingly, Allied has to shoulder all liability andfinancial responsibility.
2. What happened in Page County and how will Allied's operations in Cumberland County be different?
Page County made a decision to contract with a company that did not own or operate one single landfill. The results were not surprising to industry experts, though being a Subtitle D landfill there was no resulting environmental damage. Allied operates over 165 landfills and has a nationwide track record of compliance with both government regulations and Host Community Agreement requirements.
Environmental Protection
1. What level of odor should we expect from this facility and how will it be controlled? Please provide examples of odor levels that we can expect.
Landfill gas is a result of decomposition of organic waste. The amount of landfill gas generated is a function of various factors such as the age of the waste, amount of waste in place, type of waste, and moisture content. Landfill gas emissions are contained and controlled using both an active landfill gas collection and control system, and proper operation.
2. How will methane (or more appropriately, landfill gas) be controlled?
As stated above, landfill gas will be contained and controlled by both an active gas collection and control system and proper operation.
3. What is Allied doing to keep noise under control?
Noise generated at the Facility will be monitored and regulated pursuant to the terms set forth in the Host Community Agreement, which include provisions for the regular measurement of noise levels in and around the Facility. Natural barriers such as the existing topography and the vegetative buffer will serve to dampen noise from operational activities. In addition, equipment designated for operations will be equipped with mufflers or other sound dissipative devices.
4. What can you tell us about groundwater monitoring and what testing results are available to the public?
A modern landfill consists of several quality assurance programs, including the surface water, air quality and monitoring of groundwater, operations. As part of these monitoring requirements, Allied must, by law, install and maintain a mandatory network of wells that facilitate the accurate monitoring of groundwater quality. Results from monitoring and reporting activities will be available to county officials and to state and local agencies. Quality assurance of all groundwater monitoring activities will be implemented by independent third-party groundwater professionals.
5. Who is responsible for monitoring the facility once it is closed?
Allied/CCDC is responsible for monitoring the facility after it is closed and, as a requirement of obtaining an operating permit, must demonstrate financial assurance for all closure activities including monitoring.
6. What incidences, if any, have been documented that show an increase in illnesses of any kind associated with successful landfills?
Allied is not aware of any properly controlled study exclusively featuring the health affects of modern lined landfills that are compliant with Subtitle D and other current regulations on nearby residents.
7. Opponents claim that cancer and other environmentally-related illnesses have increased in and around landfills. What is the veracity of these claims?
See response above. Most of these claims, whether substantiated or not, involve illegal hazardous waste dumps and/or Superfund sites, not Subtitle D facilities.
8. Will Cumberland Landfill accept sewer sludge? If no, why is that a good thing?
Per the Host Community Agreement, the landfill will not accept municipal sewage sludge. Odor problems are often times attributed to signifcant volumes of untreated municipal sewer sludge.
9. Under the random inspection provisions, how many trucks will have their loads inspected and with what degree of frequency?
Incoming waste will be observed to verifi that it is acceptable in content and origin. Accurate and up to date records will be maintained of all waste accepted and all landfill operations. Allied will comply with the State-mandated criteria of inspecting a minimum of 10% of all loads generated from out-ofstate.
10. What are "vectors" and how will they be controlled?
Vectors historically associated with landfills, such as birds and rodents, are typically not a problem at a properly operated sanitary landfill. Daily cover and other operating practices prevent vectors from accessing the buried waste for nesting places or food sources.
1 1. How will leachate be controlled?
Modern landfills have a composite liner system that includes a horizontal drainage layer or leachate collection system. This drainage system is sloped toward a sump where leachate is removed from the bottom of the landfill, stored in tanks on site for offsite treatment and disposal, or recirculated back into the landfill to promote proper degradation of waste.
12. How will Allied stop runoff from getting into Maxey Mill Creek?
An extensive surface water management system will be designed, constructed, and implemented throughout the active life andpost-closure phases of the landfill. Effective implementation of a WEQ approved storm water management system will ensure protection of Maxey Mill Creek. The system will be monitored by Allied and the VDEQ through its VDEQ permitting program.
13. What is the VDEQ review process?
The siting, design, and permitting of a landfill are governed by federal, state, and local statutes, ordinances and regulations. The Virginia Department of Environmental Quality (VDEQ), which has been authorized by the United States Environmental Protection Agency (EPA, has developed standards to protect human health and the environment. These standards were promulgated by Chapter 80 of Virginia's Solid Waste Management regulations ("VSWMR"). A complete list of applicable regulations may be obtained from VDEQ's website. In order to obtain a VDEQ permit, disposal facilities must meet stringent requirements for siting, design, operation, groundwater monitoring, financial assurance, closure and post-closure. To that end, a preliminary site suitability study was performed by the applicant prior to the submittal of the zoning application. The preliminary siting study concluded that the selected site is suitable for consideration as a solid waste disposal facility.
VDEQ's permit application process is generally considered a two part process. The
Part A permit module addresses site suitability requirements and includes a detailed hydrogeologic and geotechnical evaluation. The VDEQ's Part B permit module includes preparation of the detailed design documents by the applicant's engineer, review and preparation of the draft permit, and then a public notice and comment period.
Zoning - General (A-2 CUP Application)
1. Why is it necessary to include Maxey Mill Creek within the CLIP boundaries of the borrow area?
The boundary of the proposed borrow area was established after consultation with County officials and Planning Department staff. Originally, the applicant proposed to have the southern boundary line located north of Maxey Mill Creek. Upon request, the applicant adjusted the line so that there would be a common boundary line separating the proposed borrow area from the proposed landfill area. Soil disturbance activities in proximity to Maxey Mill Creek are not anticipated except as necessary to comply with stream or wetland mitigation efforts that may be required by the Corps of Engineers and the VDEQ. With this exception, the applicant will maintain an adequate buffer and water quality protection measures between the borrow area and Maxey Mill Creek.
Zoning - General (M-2C Application)
1. How far will the useable portion of the rezoned parcel be from the Woods subdivision?
The nearest residence of the Woods subdivision will be approximately 3,000 feet from the useable portions of the M-2C rezoned areas. The total area which is the subject ofthis rezoning request is approximately 127 acres. As shown on Figures 2 and 3 of the Conditional Rezoning Application, there will remain a sizeable portion of agriculturally zoned land between the Woods subdivision and the area proposed to be rezoned. As a result, residents of the Woods can be assured that no industrial activity will be occurring immediately adjacent to their properties.
2. How far will Allied's private road sit from property in the Woods subdivision?
On average, residences within the Woods subdivision will be approximately I, 000 feet from the centerline of the proposed access road, which is about the same distance from the middle of the Woods subdivision to US. Route 60. The proposed landfill entrance is approximately 1.1 mile from the southern most residence in the Woods subdivision. Furthermore, the landfill itself will be located approximately 1.5 miles south of Route 60 and far removed from the Woods subdivision.
3. How far will the staging area be from Woods subdivision?
The trucking terminal and staging yard will aid the County and facility in effectively managing traffic fIow to and from the site. The staging area is approximately 3,000 feet from the southern most boundary of the Woods subdivision.
4. How much road frontage does the company have?
When considering Parcels 52-A-2, 52-A-26 and 51-A-16, the applicant will own property having a total of approximately 3,900 feet of frontage along the southern boundary of Route 60. When considering only Parcel 52-A-2 which is located west of the Woods, the applicant will have approximately 2,300 feet of frontage. Allied will maintain the property along the access road as a bufer unless and until a separate rezoning and plan of development is submitted to the County. As with any real estate in the County, its use will be subject to County approval.
6. Will the fleet management company truly be independent or will it operate as a division of Allied?
Allied typically contracts fleet services to an independent or third party; however, it ispossible that the trucking facility could operate as a division of Allied.
7. Are trucks allowed to arrive at the landfill at all hours of the night and day to park and wait if facility operations are closed?
Those trucks arriving after normal landfill hours, which would otherwise be required to return to the County roads, are able to park and wait at the staging facility until thelandfill opens the following day or, when leaving the landfill, could wait until peak traffic flows dissipate. This also reduces the number of trucks traveling to the site during morning peak hours.
Zoning - General (M-2 CUP)
1. What is the approximate location of the landfill site?
The landfill will be located about 6 miles east of the Cumberland County courthouse and South of US. Route 60. A new road is proposed for this location and the landfill entrance will be approximately 1.5 miles south of Route 60 and will only be accessible via Route 60.
2. What is the projected (and ultimate) size of the waste disposal area and the site as a whole?
The waste disposal area of the landfill will comprise approximately 250 acres, which is less than almost half of the area being rezoned as M-2 CUP. The remaining acreage of the site will be used for ancillary services and as buffer to surrounding properties.
3. Although the landfill is limited initially to approximately 250 acres, what's to keep the company from expanding it in the future?
The combination of the zoning area requested, the Host Community Agreement, and the setback requirements in the VSWMR generally restrict the size of the landfill and limit it to approximately 250 acres.
General
1. What are the parameters of the buffer area?
Allied subsidiaries have acquired, or will be requiring, approximately 1,217 acres in connection with this project. Of this total acreage, approximately 330 acres are not the subject of any rezoning or conditional use permit application and will remain in their current zoning classification. Any changes to the use of this property from its current forest land status will have to go through a separate rezoning and plan of development process.
2. How much property is Allied purchasing and what will happen to those areas that are not part of the actual landfill operations?
Allied is purchasing approximately 1,200 acres of land in the vicinity of the site and thereby is providing a well isolated landfill site. Areas outside of the landfill disposal footprint but within the M-2 CUP footprint will be utilized for locating ancillary facilities such as energy recovery, liquids management, scale house and weigh scales, recycling facility, storm water management, stream and wetlands mitigation, and for buffer. Activities conducted in these areas would exclude placement of waste.
3. Which engineering firm will build the facility and what is its history?
Allied is currently utilizing the consultingjirm of Brown and Caldwell (BC). BC is a nationally recognized engineering firm with over 60 ofices and 1500 employees. BC started in 1958 and currently specializes in all facets of environmental engineering, includingpermitting, design and construction of municipal solid waste landfills. Staff from BC's ofices in the region will assist Allied with the design and construction of the Facility. BC staff are well qualijied in the relevant engineering disciplines such as civil and environmental, geotechnical and geologic; groundwater modeling, geologist, hydrogeologists; and the various natural sciences needed to perform the job.
4. Can you provide a breakdown of the entire collective acreage that will be part of this project?
OLD M-2C Area = 127 Acres
OLD A-2 CUP Area = 200 Acres
CCDC M-2 CUP Area = 55 7 Acres
OLDKCDC Area not subject to rezoning = 330 Acres
Total Area Owned by Allied =I214 Acres
Cumberland Landfill – Response to General Questions from the Planning Commission September 6, 2006 Meeting
Host Community Agreement
1. How will Host Community Agreement be enforced?
In additional, Section 28, various provisions of the Host Agreement are enforceable by applicable local, state and federal agencies. Such agencies include the Virginia Department of Environmental Quality, the Virginia Department of Health, OSHA, and the Office of the Attorney General, to name just a few. Perhaps the most important factor in the County’s ability to enforce the Host Community Agreement lies in the terms of Section 35 of the Host Agreement. This section requires that any legal action involving Allied and the County be heard, not in Richmond, Virginia or Scottsdale, Arizona, but in the courts of Cumberland County, Virginia.
2. Who defines what is "unreasonable"?
The “reasonable” or “unreasonable” standard is resolved, corrected and addressed through the terms of Section 46 of the Host Agreement.
3. What does "adequate" safety mean?
Compliance with all applicable local, state and federal laws and regulations.
4. Who will monitor the number of trucks permitted to travel through the Courthouse during peak hours?
Allied will monitor the number of company controlled trucks accessing the Facility. Allied will work with the County to enforce Sections 3 and 21(E) of the Host Agreement.
5. When will the Operational Plan be completed?
Prior to the date on which Allied commences waste disposal operations at the Facility (Section 21).
6. Who are fines paid to?
Fines paid by Allied pursuant to the Host Agreement are paid to the County of Cumberland.
7. Can a resident request to be a notified party?
Any notice required in Section 31 of the Host Agreement becomes public knowledge, and subject to Freedom of Information Request action, upon receipt by the County. Residents are free to request that the County place such information where it is readily available to any resident.
8. What requirements does Allied have with regard to recording actions taken as a result of regulatory actions?
Section 20 of the Host Agreement requires recording of “….any rejected Waste or removed Waste…” as well as results of all monitoring and testing. The Virginia Department of Environmental Quality maintains a file on all notices of violations as well as actions taken to address deficiencies. This file is considered public knowledge and can be accessed by any resident not satisfied with information received from the County or Allied. VDEQ also maintains an active web site dedicated to such issues. Allied, pursuant to the terms of Section 20 of the Host Agreement, must notify the County of any such violation.
Host Community Agreement -Benefits
1. How will the landfill promote economic development?
Section 5, (a) through (f) of the Host Agreement lists specific requirements on the part of Allied designed to further economic development in the County (marketing landfill gas to commercial users, sharing revenue from gas/recycling sales, development of adjacent property for commercial use, etc.). The real benefits to the County’s economic development go far beyond Section 5 of the Host Agreement, and include such items as free services, free disposal and host fees. These benefits have been estimated to exceed one hundred million dollars over the life of the Facility.
2. What types of businesses will locate near a landfill?
Businesses that use large amounts of energy and/or producing large amounts of by-products.
3. Is one Annual County Clean Up day enough?
Pursuant to Section 21H, Allied must clean the roads within one half mile of the Facility. The Annual County Clean Up day is an additional benefit designed as to address existing litter and illegal waste sites in the County
4. What will be involved with the expansion of water and sewer to the site? When will this happen?
As per question 1 above, the County will choose to allocated the Host Fees as it deems proper and in the best interest of the County. Current plans should be reviewed in the County’s office, which involve bringing water and/or sewer along Route 60.
5. What is the value ($$) of the free waste for the county?
Currently, the County generates approximately three to four thousand tons of waste annually through its convenience centers. The Host Agreement allows the County to dispose of up to 16,000 tons annually. Typical disposal prices range from mid 20’s to mid 30’s per ton.
Zoning – General
1. When will the site plan be submitted?
A detailed site layout for the Facility will be a part of the VDEQ Part A and B review process. A municipal site plan will be submitted to the County shortly after the VDEQ has approved the Part B permit, and prior to the construction of any improvements. The site plan will undergo the same public review process as with any site plan submitted to the County.
2. During what hours will the Facility be illuminated? How will outdoor lighting be controlled?
Section 21C of the Host Agreement requires that the Operational plan provide that once construction of the Landfill facilities are complete, the maximum illumination at the property lines of the Landfill property be limited to 0.5 foot candles. Permanent exterior lighting fixtures on the Landfill property will not exceed thirty (30) feet in height above grade level. The exterior lighting fixtures will be “shoebox” or similar type capable of shielding the light source from direct view. The Company will permit Cumberland to conduct its own lighting evaluation tests on the Landfill property. Temporary working lights utilized on the face of the disposal area are excluded from the limitations. As stated earlier, the operation of the facility is limited to 5:30AM to 5:30PM or generally daylight hours. Some fixed lighting will be required to stay on during the night, but this would generally be for the purpose of providing security lighting around buildings or parking areas.
Insurance
1. Who will pay for any damages to nearby houses during construction of the landfill?
Any person or business damaging a home is responsible for such damages.
Property Value Protection
1. What is the data about real estate values near landfills?
The affects of new landfills on nearby residential property values cannot be easily generalized. One must consider macro and micro economic drivers as well as buffer requirements, host community agreement terms, property protection programs (or the lack thereof) as well as local, state and federal permit restrictions. Locally, it is interesting to note that in both Chesterfield and Henrico Counties, subdivisions containing high end housing have been developed around both the Shoosmith landfill and the Henrico County Springfield Road landfill. These landfills have few of the protections contained in the Cumberland County Host Agreement.
Allied
1. Request for a list of all Allied violations, i.e., compliance record
Allied has operated in Virginia since 1997, and currently manages three landfills as well as several transfer stations. In all that time, Allied has only received three notices of violation involving its landfills in Virginia. All issues were promptly addressed to the satisfaction of the VDEQ as noted in the department’s files which are open to public inspection.
2. Who are the officers, partners and/or shareholders of Allied? How can they be contacted?
CCDC and OLD are 100% owned by Allied. There are no other shareholders. Allied Waste is a Fortune 500 Company, with thousands of shareholders. John J. Zillmer has served as Chairman of the Board of Directors and Chief Executive Officer of Allied Waste Industries, Inc. since May 2005.
The directors are as follows: John J. Zillmer, Robert M. Agate, Charles H. Cotros, James W. Crownover, Stephanie Drescher, David I Foley, Joshua J. Harris, Dennis R. Hendrix, Nolan Lehmann, Steven Martinez, and James A. Quella. For detailed information about Allied’s officers and directors, and how to best contact specific individuals, please visit http://investor.alliedwaste.com
3. With what other companies are these individuals or companies currently or previously associated?
Prior to joining Allied Waste, Mr. Zillmer spent thirty years in the managed services industry, most recently at ARAMARK Corporation, a world-leading provider of food, uniform and support services. He served as President of the Food and Support Services Group and Executive Vice President of ARAMARK Corporation until January 2004. During his eighteen-year career with ARAMARK, Mr. Zillmer held a number of senior management positions including serving as President of the Company's international business and its Business Services Group. Prior to joining ARAMARK, Mr. Zillmer was employed by Szabo Food Services as Regional Vice President until Szabo was acquired by ARAMARK in 1986. Mr. Zillmer received an MBA from the Kellogg Graduate School at Northwestern University. He is currently on the Board of Directors at United Stationers, Inc.
4. Have they or their companies ever been fined, sued, declared bankruptcy, had liens placed against them, or been subject to regulatory actions?
Almost all if not every Fortune 500 company has been involved in lawsuits, and all business entities are subject to regulatory action every day that they are in existence. Allied has never declared bankruptcy, and maintains compliance with all applicable laws and regulations.
5. What is the Morningstar rating for Allied?
Allied's Morningstar rating is 4 stars out of a possible 5. For more information on Morningstar's rating of Allied please visit http://www.morningstar.com/.
Traffic – Safety
1. Are trucks and drivers, delivering to the proposed landfill, screened for compliance with state and federal regulations by Allied and its subsidiaries?
All trucks owned and operated by Allied must comply with all applicable regulations, to include the license requirements of their drivers. All third party owner/operators are also subject to the same local, state and federal enforcement of all traffic and transportation regulations.
2. What can be done for school bus safety for children who live in the Woods?
Additional school bus loading/unloading signage can be posted near the Woods entrance reminding all drivers to be aware of school bus stops along Route 60. By state law, all vehicles on a two lane road are required to stop when a school bus stops to pick up students.
Truck Staging Area
1. What hours are the trucks allowed in the staging area before or after hours of operations? Are they permitted to keep the engines running?
Normal Facility operating hours will be between the hours of 5:30AM and 5:30 PM Monday through Saturday. Most of the trucks entering the facility are expected to arrive at the facility during operating hours. Trucks arriving either before or after operating hours will be required to stage in the truck staging area outside of the Facility so as to keep such traffic off of County roads. Trucks arriving after 5:30 PM will not be allowed to unload until the next morning. Trucks will generally drop their trailers at the staging facility and go on. However, given the remote location and generous buffers for the facility, significant impacts from truck noise, to include idling engines, is not anticipated.
2. What is the truck capacity of the proposed staging area?
The truck staging area will be designed to stage 25 to 50 trucks.
3. What is the policy if trucks entering the staging area out-pace the unloading rates and/or staging area capacity?
This scenario is not anticipated. The capacity of the staging area will be more than adequate to handle the anticipated off hour truck traffic.
Emergency – Response
1. What changes for 911 responses are needed with the landfill?
No changes for 911 responses related to the landfill operation are needed.
2. What is the response plan for a hazardous materials spill?
In accordance with 9VAC20-80-520(k) for the Part B permit application for a solid waste disposal facility, an emergency contingency plan which delineates procedures for responding to fire, explosions or any unplanned sudden or non-sudden releases of harmful constituents to the air, soil, or surface water will be submitted to the local police and fire department, and to the nearby health care facilities when the permit will be issued. The emergency plan will contain:
a. A description of the actions facility personnel shall take in the event of various emergency situations, whether on or off the site;
b. A description of arrangements made with the local police and fire department which allow for immediate entry into the facility by their authorized representatives should;
c. the need arise, such as in the case of personnel responding to an emergency situation; and
d. An up to date list of names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator for the facility.
Environmental – Design
1. What will be the height of the landfill?
The final landfill height will be determined during the design and subsequent permitting (i.e., VDEQ Part B) steps.
2. At what point do the landfill cells stop producing moisture?
Typically, landfills stop producing appreciable amounts of moisture (i.e., leachate) within five years following placement of the final cover system. This generally occurs at the end of the active stage of a particular cell or group of cells or when the landfill reaches final grades, respectively.
3. Are HDPE landfill liners affected by solvents such as xylene, toluene, trichloroethylene and methylene chloride?
It is important to remember that hazardous wastes are not accepted and are screened by operators from being placed into municipal landfills. Furthermore, municipal solid waste landfill leachate has been tested and found to be compatible with HDPE liners. Because of their excellent chemical resistance, high density polyethylene (HDPE) liners are used all over the world in municipal solid waste containment applications.
4. Are HDPE liners susceptible to stress cracking and brittle fractures which can lead to liner failure?
In addition to excellent chemical resistance, HDPE liners have outstanding mechanical properties, environmental stress crack resistance, dimensional stability and thermal aging characteristics. Stringent manufacturing quality control and quality assurance standards ensure a high quality product. Construction quality control and quality assurance perform independent testing and certify that the material accepted for shipment and installation meets or exceeds the minimum criteria required in today’s most current geosynthetics industry standard (i.e., GRI-GM13). HDPE membranes typically exceed stress crack resistance requirements by a factor of up to 10 times the minimum criteria.
5. What is the process for mining a landfill after it closes?
Landfill mining is more common in some areas than others due to the various economic drivers such as value of real estate, processing costs, and availability of a viable market for processed materials. One example of a landfill mining process includes using conventional construction and material handling equipment (e.g., trackhoes, bar screens, conveyors, ferrous metal screening devices, and rotating screens, etc). Environmental – Operations
1. What type of mosquito control is there for stormwater basins?
The design of any stormwater management facilities will be submitted to the DEQ for approval during the Part B. The type of basins proposed for the facility are primarily flow through sedimentation basins that are designed to trap suspended solids as stormwater runoff passes through the basin. Holding ponds that may be used for dust control or fire prevention may also be designed. In this case, there are various engineering controls such as overflow devices that can be used to prevent the water from becoming stagnant. Additionally, certain fish can be utilized to manage the mosquito population, if necessary.
2. Can there be a better post-dumping truck clean-up than what was at Brunswick? Yes, such as cleaning near working face operation as approved by VDEQ.
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