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G. D. C. NO. VA. Trucking Inc. Hauling Municipal Solid Waste
SEE Allied Responses to Planning Commission General Questions regarding
OLD, LLC A-2 CUP; OLD, LLC M-2C; CCDC, LLC M-2 CUP Applications and
Cumberland Landfill – Response to General Questions from the Planning Commission September 6, 2006 Meeting
Answers to the questions asked here have been provided by:
Bill Osl, District One Supervisor (Osl)
Judy Ownby, Cumberland County Manager (Ownby)
Host Community Agreement (HCA)
Cumberland County Development Company, LLC (CCDC, LLC)
Questions are divided into subjects.
Click on the Subject Heading below to jump to your area of interest.
Financial Benefits/Obligations for Cumberland County
Understanding the Corporate Structure
Cumberland's Potential Liability
How many years has Cumberland agreed to host a land fill for? HCA: Initially, twenty (20) years.
How many tons of waste per day will be permitted? HCA: Initially 2,500 tons of waste per day. The allowed limit shall be increased by five percent annually for the first fifteen years.
Mathematically the totals would be:
Year one total permitted daily tons is: 2,500 per day
Year one total permitted yearly tons is: 780,000 tons per year.
Year fifteen total permitted daily tons is: 4,988 tons per day
Year fifteen total permitted yearly tons is: 1,556,256 tons per year
What is the term of the Host Agreement? HCA: Twenty years, unless terminated sooner.
HCA Section 3 (e) states: The company shall be allowed, at its discretion, to conduct waste disposal between the hours of 5:30 a.m. until 5:30 p.m. Monday through Saturday, and on Sundays only as requested by the Company and approved by Cumberland at its sole discretion..........(and) 4:00 a.m. to 9:00 p.m. or any portion of time therein subject to the approval of Cumberland at its sole discretion. Does this mean: The Host Community Agreement allows waste disposal between the hours of 5:30 a.m. until 5:30 p.m. Monday through Saturday. The county can amend the allowed waste disposal hours to include the time from 4:00 a.m. until 9:00 p.m. Monday through Sunday at its sole discretion. Contractually, CCDC, LLC is NEVER permitted to conduct waste disposal operations from 9:00 p.m. until 4:00 a.m. Osl: Yes. HCA is allowed to dispose of waste between the hours of 5:30 a.m. until 5:30 p.m. Monday through Saturday. The county can amend the allowed waste disposal hours to include the time from 4:00 a.m. until 9:00 p.m. Monday through Sunday at its sole discretion. Contractually, CCDC, LLC may be permitted to conduct waste disposal operations from 9:00 p.m. until 4:00 a.m subject to approval by Cumberland.
Operational hours at the Proposed Cumberland Landfill
Mon-Fri 5:30AM-5:30PM Sat 5:30AM-5:30PM
Operational hours at other Virginia Allied Landfill Sites
Old Dominion
2001 Charles City Road
Richmond, VA
The Browning-Ferris Industries (BFI) Old Dominion Landfill, located in eastern Henrico County
on Charles City Road in Varina, accepts waste material collected from BFI’s waste collection
operations and from other private collectors. According to DEQ figures the landfill accepts in
excess of 500,000 tons of waste per year.
2004 Old Dominion fined $28,000
Mon-Fri 7:00AM-5:00PM Sat 7:00AM-12:00PM Closed Sunday
King and Queen Sanitary
1000 Iris Road
Little Plymouth, VA
BFI's King and Queen County facility is located near the intersection
of Route 614 and Route 14. The site contains a total of 420 acres, with a landfill footprint of
approximately 250 acres. The contract between King and Queen County and BFI stipulates that
BFI will lease the land from the County and provide the County with a certain amount of
reserved air space for its disposal needs.
The County has permitted BFI to only accept wastes from within a 150-mile radius of the landfill
site. The site has a 4,000-ton per day maximum acceptance capacity.
2006 King and Queen fined $18,320
Mon-Fri 7:00AM-5:00PM Sat 7:00AM-12:00PM Closed Sunday
Brunswick Waste Mgmt Facility
107 Mallard Crossing Road
Lawrenceville, VA
June 2005 Brunswick Waste Mgmt fined $3,150
Mon-Fri 6:00AM-6:00PM Sat 6:00AM-12:00PM Closed Sunday
Is the Host Land Fill proposed for Cumberland a Subtitle D Landfill? Osl: Yes
Which of the following will the landfill accept?
a.)municipal solid waste CCDC, LLC CUP: Yes.
b.)medical waste CCDC, LLC CUP: No.
c.)hazardous waste CCDC, LLC CUP: No.
d.)construction and demolition debris CCDC, LLC CUP: Yes.
e.)petroleum contaminated soil CCDC, LLC CUP: Yes.
f.)chipped or shredded tires to be used for cover CCDC, LLC CUP: Yes.
g.)special waste CCDC, LLC CUP: Yes.
h.)incinerator waste CCDC, LLC CUP: Yes.
i.)industrial solid waste CCDC, LLC CUP: Yes.
j.)Non-infectious medical waste CCDC, LLC CUP: Yes.
k.)PCB waste CCDC, LLC CUP: Yes.
l.)Asbestos containing waste CCDC, LLC CUP: Yes.
m.)Pharmaceutical waste CCDC, LLC CUP: Yes.
n.)wastewater treatment sludges CCDC, LLC CUP: Yes.
What is Non-hazardous Special Waste? Allied defines Special waste as: any waste material which, because of its physical characteristics, chemical makeup, or biological nature requires either special handling procedures and permitting, or poses an unusual threat to human health, equipment, property, or the environment.
Generally, special waste can include, but is not limited to:
• Asbestos containing materials
• Ash from fires, furnaces, boilers, or incinerators
• Auto shredder fluffThe disposal of auto fluff created in the shredding process can sometimes pose problems. It is sometimes difficult to find a landfill facility willing to accept fluff. Depending somewhat on lack of thoroughness during the stripping and recycling processes, some fluff may be classified as a hazardous waste.
• Chemical compounds or petroleum products – new or used
• RCRA empty containers
• Contaminated soils and USTs
• Debris and/or residue from spill cleanup work
• Demolition waste from industrial facilities
• Industrial process wastes
• Liquid sludge and/or paste type material
• Non-infectious medical waste
• Off-specification products or outdated products (i.e. food, consumer or industrial products)
• PCB waste
• Pharmaceutical wastes
• Pollution control wastes
• Resource exploration, mining and production wastes
• Sandblast grit
Special Waste can be broken down into two categories: Industrial Waste or Pollution Control Waste.
Some examples of each are:
Industrial Waste
• Fertilizer or agricultural chemicals
• Food and related products
• Inorganic chemicals production
• Iron and steel manufacture or foundries
• Chemicals production
• Rubber, plastics and resins manufacturing
• Pulp and paper industry
• Off-specification retail products
• Incinerator ashes
• Rubber and plastics production
• Stone, glass, clay, and concrete products
• Textile industry
• Transportation manufacturing
• Metallic dust sweepings
Pollution Controlled Waste
• Water and wastewater treatment sludges
• Contaminated soils
• Baghouse dust
• Scrubber sludges
• Chemical spill cleanup wastes
• Remedial activity cleanup wastes
VDEQ Special Waste Disposal Guidelines: LINK
Does hazardous waste find its way into the "special" waste stream? Yes. (see Link)
Understanding the Corporate Structure
Is Cumberland County Development Company, LLC, a subsidiary of Allied Waste? Ownby: Yes, Cumberland County Development Company, LLC is a subsidiary of Allied Waste North America, Inc.
Is Allied Waste North America, Inc. a subsidiary of Allied Waste Industries, Inc.? Yes (Click this Link to see all Subsidiaries and Affiliates of Allied Waste Industries, Inc.)
Who are the officers and members of the board of directors of Cumberland County Development Company, LLC? Click this link to see detailed information provided by Ownby.
Do the officers or directors of CCDC, LLC serve on any other boards of directors or have any other interlocking associations with Allied or subsidiaries of Allied? Yes. See Cumberland County Development Company, LLC Link
How many tons of waste does each truck carry? Osl: 25 tons
How many 25 ton Allied Waste tucks will enter Cumberland each day? Mathematically: 2,500 tons of Waste divided by 25 tons/truck equals 100 trucks/day in year one of Operation. One hundred trucks will enter and one hundred trucks will depart from Cumberland each day.
A 5% increase in Waste is allowed each year for the first fifteen years, which would mean approximately 200 trucks/day in year fifteen and thereafter. In year fifteen and thereafter two hundred trucks will enter and two hundred trucks will depart from Cumberland each day.
HCA Section 3 (a) lists "that portion of U.S. Route 45 between U.S. Route 6 and U.S. Route 60" as one of the routes approved for utilization by CCDC, LLC trucks. Does this section mean that the trucks will pass through Cartersville past Blanton and Pleasants store? Osl: Yes, trucks will pass through Cartersville past Blanton and Pleasants store.
Financial Benefits/Obligations for Cumberland County
HCA Section 10 states: CCDC, LLC shall pay Cumberland a fee of $2.10 per ton of Waste received......but.....has no obligation to bring in or accept any particular volume of Waste at the Landfill or to otherwise take any action to maximize or increase the volume of Waste accepted at the Landfill and shall unconditionally guarantee to Cumberland a minimum annual Host Fee Payment of at least $500,000. Does this mean that Cumberland will receive $500,000 per year even though it may not be receiving any waste at all in the landfill? Osl: Yes, Cumberland will receive $500,000 per year even though it may not be receiving any waste at all in the landfill. HCA: But only if the land is rezoned within 180 days of signing the Host Agreement.
HCA Section 4 states: CCDC, LLC will maintain records of County Designees disposing of waste brought to the landfill in commercial waste vehicles in the event Cumberland should desire to charge third parties for portions of Cumberland's Free Waste. Does this mean the county anticipates or holds open the option of being in the waste disposal business? Osl: Yes, the county anticipates or holds open the option of being in the waste disposal business.
Does wording in HCA Section 10 mean that Cumberland will pay for any new fees, taxes etc. implemented after December 31, 2005? Osl: Yes, Cumberland will pay for any new fees, taxes etc. implemented after December 31, 2005 as it applies to CCDC, LLC. We negotiated the agreement based on the current fees, tax etc.
How much will Allied (CCDC, LLC) collect in tipping fees(or gate or user fee) ? Allied has not responded to this question.
Average Solid Waste Tipping Fee Index in Dollars by Region
Mathematically
Allied's projected income for year one of operation:
2,500 tons x $39.95 = $99,875,000/day x (6 days/ week) x 52 weeks = $31,161,000/year
How much will Cumberland County collect in host fees? HCA: $2.10/ton
Mathematically
Cumberland's projected income from host fees for year one of operation:
2,500 tons x $2.10 = $5,250/day x (6 days/ week) x 52 weeks = $1,638,000/year
Cumberland's Potential Liability
Is Allied Waste Industries, Inc. (the Parent of Allied Waste North America, Inc.and its affiliate, Cumberland County Development Company, LLC ), financially sound? See Allied Waste. com Financials
Does Cumberland County require Cumberland County Development Company, LLC to carry third party insurance? HCA: No.
Will runoff from the landfill be discharged into surface waters? Osl: No
Do Landfills Leak? Yes. Bob Burnley, Director of Virginia's Department of Environmental Quality said, "The U.S. EPA acknowledges that, despite our best technology, all landfills will leak eventually." See Link
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Unanswered Financial Benefits/Obligations for Cumberland County
Unanswered Permitting Questions
Unanswered Ground Water Quality Question
Unanswered Landfill Construction and Operation Questions
Unanswered Permitting Questions
Has CCDC, LLC submitted a completed permit application to Cumberland County? Yes. See Permitting
In Sec. 22 (c) the Host Community Agreement states: "The Company (CCDC, LLC) will own the real estate upon which the Landfill will operate......"
a.) Does CCDC, LLC have options to buy the land needed for the proposed landfill?
b.) What real estate company is handling the anticipated purchase of the land?
c.) Who will make the commission from the sale of the land to CCDC, LLC?
Is Allied (CCDC, LLC) required to submit any of the following to Cumberland County before the rezoning process proceeds to public hearing and possible zoning change?
a.) site study
b.) operational plan
c.) facility plan
d.) construction plan
Have the supervisors agreed to consider changing the zoning to allow installation and operation of a host land fill without knowing:
a.) what the proposed disposal capacity in tons of the landfill will be?
b.) what the proposed area over which the landfill will be developed is (foot print)?
c.) what the depth of the proposed excavation is?
d.) what the height of the proposed landfill elevation is?
Has a site suitability letter been issued?
Has the initial siting study to determine whether the proposed location is feasible for landfill operations been completed as of July 2006? If so, may I have a copy?
Has initial regulatory approval for the landfill been granted as of July 2006? If yes, have the technical designs been prepared?
Unanswered Landfill Construction and Operation Questions
Have the supervisors have agreed to consider changing the zoning to allow installation and operation of a host land fill without knowing:
a.) what the proposed disposal capacity in tons of the landfill will be?
b.) what the proposed area over which the landfill will be developed is (foot print)?
c.) what the depth of the proposed excavation is?
d.) what the height of the proposed landfill elevation is?
In Camden County, North Carolina, Black Bear Disposal, LLC is permitted to construct a landfill twenty-seven (27) stories tall. What is the height of the proposed Cumberland County Development Company , LLC landfill elevation?
If the technical designed has been prepared:
a.)what is the disposal capacity in tons of the landfill?
b.)what is the area over which the landfill will be developed?
c.)what is the depth of excavation?
d.)what is the height of the landfill elevation?
How much of the acreage will be filled with garbage?
How much of the acreage will be used for the buffer zone?
Will the landfill accept low level radioactive waste?
a.)low level radioactive waste
b.)below regulatory concern (brc) waste
f.)any other waste
Will they be putting recyclables in the landfill (glass, aluminum, tin, paper, etc?)
Will they be putting clean organic compostables in the landfill (for example, yard wastes)? CCDC,LLC CUP: Yes.
If they are putting recycables and organic compostables in the landfill, will they be putting them in separate cells?
Will it be lined and capped? If so what will these be made of?
Unanswered Ground Water Quality Questions
Should Cumberland prohibit the proposed landfill from accepting tons of poultry infected with Avian Influenza?
Why should CCDC, LLC notify Cumberland County if and when hazardous wastes are deposited in the landfill?
If CCDC, LLC notifies Cumberland County that hazardous waste has been deposited in the landfill, what does that notification trigger?
Will Citizens be notified in the event of Ground Water Contamination?
Unanswered Financial Benefits/Obligations for Cumberland County
FACTS:
HCA Exhibit "B": Guaranty, is signed by representatives of Allied Waste North America, Inc.
Allied Waste North America, Inc. is a subsidiary of Allied Waste Industries, Inc.
CCDC, LLC is a subsidiary of Allied Waste North America, Inc.
Allied Waste North America, Inc. is the Guaranty for CCDC, LLC.
QUESTION:
Does the parent company, Allied Waste Industries, Inc., have any contractual obligation to guaranty the obligations and liabilities of Allied Waste North America, Inc?
Is the $500,000 Guaranteed Payment deducted from or in addition to Host Fees Paid to Cumberland?
Who is going to take care of the highways when they deteriorate?
In The Host Agreement, CCDC, LLC agrees to assist Cumberland with an Annual County Clean Up Day. Do you believe one clean up day a year is adequate to mitigate the anticipated increase in roadside trash from Allied Waste trucks? If no, what plans does the County have to cope with the increase?
Typically, landfills are required to provide financial assurances through performance bonds, letters of credit, insurance policies or trust deposits to governmental agencies.
a.)Does Cumberland County require a performance bond? If so, in what amount?
b.)Does Cumberland County require a letter of credit?If so in what amount?
c.)Does Cumberland County require a trust deposit?If so, in what amount?
d.)What other forms of financial assurances does Cumberland County require?
Who is responsible for closure and post-closure expenditures, CCDC, LLC or Cumberland County?
What are the the estimated total closure and post-closure care costs?
Environmental regulatory changes could accelerate or increase expenditures for closure and post-closure monitoring at solid waste facilities and obligate the responsible party (CCDC, LLC or Cumberland County) to spend sums in additional to those presently anticipated. How does the Host Agreement address such a possibility?
If Cumberland County accepts responsibility for capping, closure and post closure, will our local government use a trust fund, escrow account or similar mechanism to insure that the funds required will be set aside for that specific use?
Who will be responsible for it once the post-closure period is over?
What is Allied's average tipping fee price per ton? Can you give several specific examples of tipping fees received by other landfills?
What is Allied's average host fee price paid per ton? Can you give several specific examples of host fees paid by Allied to other Host Counties?
How many tons of trash did Cumberland dispose of in 2003, 2004 and 2005?
What price per ton did Cumberland pay to dispose of its trash in 2003,2004, and 2005?
How big will the landfill be in acres?
As stated in Section 4 of the Host Community Agreement, Cumberland County anticipates or holds open the option of being in the waste disposal business. Since Cumberland is proposing to be in the waste disposal business already, why don't we own the landfill itself, pay Allied to operate and make all of the money instead of just receiving a small percentage?
If Cumberland owned the landfill itself,
a.) wouldn't regulation and enforcement of operational procedures be in the hands of our supervisors?
b.) wouldn't duplication in inspection of trash and verification of types of waste placed in the landfill be avoided?
c.) wouldn't responsiveness to complaints be greatly enhanced?
Will the design of the landfill containment system include a critical, in-depth, disinterested review of the ability of the proposed system to protect public health, ground water quality, and the environment for as long as the wastes/chemicals represent a threat?
Would you be in favor of a requirement funding an independent, disinterested technical review that would be presented directly to the regulatory agency, decision-makers, citizens and interested parties?
HCA Section 23 (c) states: Cumberland agrees to support through letters of support and otherwise, CCDC, LLC in its application to VDEQ for development of the Landfill, and at such times as Company submits an application or petition seeking to permit, expand or modify the Landfill. Doesn't this section compromise the objectivity and ability of future supervisors and permanent party of Cumberland to evaluate expansions or modification of the Landfill?
HCA Section 25 states: Cumberland shall be under no obligation to approve any such rezoning, ordinance amendment or to issue a conditional use permit or to initiate condemnation unless Cumberland finds that the granting of the rezoning, ordinance amendment, conditional use permit or condemnation is reasonable, consistent with good land use planning, and is in the best interests of the health and welfare of the citizens of the County and serves a public purpose. Here, isn't Section 25 in conflict with Section 23 (c) where Cumberland agrees to support CCDC, LLC's effort to seek a permit? If these sections do not contradict each other, why?
Have you read Allied Waste Industries Inc. 10K?
Have you read Allied Waste North America Inc.'s 10K?
Do you stand to make any personal financial gain from the installation or operation of the Cumberland Land Fill?
Do you pledge not to accept political contributions from employees or directors of Allied or its network of 310 collection companies, 166 transfer stations, 169 landfills, and 57 recycling facilities?
Would you or members of your family take advantage of offers from Allied, subsidiaries of Allied, their officer or directors of complimentary holidays or cruises?
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