Minutes of Planning Commission Meetings

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Community Development through informed citizen involvement.

"...let Facts be submitted to a candid world." --The Declaration of Independence

The meeting was called to order by Chairman Wheeler, the roll called, and a quorum established.

Chairman Wheeler welcomed Geraldine Sanderson, At-Large, the new PC member replacing David Brown.

Catherine Kahl gave the staff update on the Rezoning/CUP applications from Allied Waste. She passed out new materials submitted by Allied to PC members and comments and recommendations from Draper Aden (working as county engineer) to be addressed at the following meeting. Ms. Kahl also introduced four representatives from DEQ who had been asked to attend the meeting on behalf of the county. The representatives included Paul Farrell, Mohammed Karim, Robert Goode and Matthew Biesterveld.

Ted Neura of Allied then presented an overview of the submitted applications. He also stated the applications will be amended to address road realignment to further conceal the landfill site.

Mr. Neura stated that Cumberland County Development Corporation, LLC and Obscurity Land Development, LLC are wholly owned subsidiaries of Allied Waste. He stated that Allied is the 2 nd largest solid waste hauler company in the United States, is an experienced company, has great financial stability, and has

been in existence for decades. He listed AIG, rated A+, as the companys primary insurer of $300 million in liability insurance, $200 million in property insurance, and $50 million in pollution insurance. He stated that modern landfills are lined facilities, using modern technology, and very well researched.

Modern landfills are not dumps in any sense of the word, as they have been called. The whole of the modern landfill is more than the sum of its parts, with symbiotic systems at work. He said there is a lot of information out in the community, and a lot more to be presented.

Meade Spotts, an attorney for Allied, presented additional landfill and financial information. He stated that the proposed site will house a Subtitle D landfill, and will be unlike the old established landfills of the past many of which have leaked. He stated that insurance would be county specific to the site, and that since the introduction of the liner for new landfills, the pollution liability insurance provided by Allied has not been used. He also stated that VDEQ mandated closure guarantees.

Paul Farrell, Central Coordinator of VDEQ, answered some of the questions posed by the PC members and the public at a prior meeting. He stated Allied would need an air permit and two water permits. In addition they would need solid waste permits labeled Part A and Part B. He went on to briefly discuss what the requirements for the issuance of these permits would be.

Catherine Kahl asked questions provided by Commissioner Speas, who was unable to attend the meeting. These included questions about whether the state required certification to qualify landfill supervisors, operators, and 2 nd tier employees, and about the monitoring of wells. Landfill operators are regulated by a different state agency (non-VDEQ), and supervisors and 2 nd tier operators are required to be certified.

Commissioner Smook stated 1200 acres for a 200 acre landfill is using a lot of buffer. He asked how this compared to other landfill buffer areas.

Mr. Farrell stated that there are federal guidelines for minimums in all aspects of landfill siting and operation. Virginia has added more conditions. Mr. Farrell provided a 6 page summary of his answers to questions and what is required of VDEQ. He also stated that Allieds buffers are more generous than average.

Commissioner Smook stated his concerns about LLC protection in the event of catastrophic leaks.

Mr. Farrell stated VDEQ regulations address this issue, and they have a list of 180 requirements to be met in the permitting process. He further stated that there are no sudden issues in landfills. Mostly there are non-sudden problems and the operators can handle them (an example is smells). VDEQ carries insurance of $200,000 per acre in the event of default or to correct problems. This would be $200,000 x 200+/- acres for the Cumberland County landfill. In the past, VDEQ required a bond for sudden catastrophes and is considering doing so again.

Commissioner Oulie asked what the history was in Virginia regarding water pollution. Proportionally, are these big problems or small problems? How often is monitoring/testing required on the water, air, gas, and surface of the water collection pond, and is this information made public?

Mr. Farrell stated new federal regulations address this issue, and there are 65 older landfills in Virginia that are leaking they are past the trigger phase of water problems and with other problems. He stated the new composite liner design has been the best advancement in technology for landfills. There are over 3000 cells in operation since 1993 and none are leaking at the federal level and they know of no problems with these in Virginia. There is ongoing ground water monitoring of wells. Mr. Farrell stated that more data is needed on liners if they are to be extensively promoted. He stated that groundwater flows slowly across Virginia. He also stated that the landfills that leak do not have the new liners (65 older landfills fall into this category). They have ongoing problems with these landfills (2 of the 3 Cumberland County landfills are having leakage problems). Groundwater testing and monitoring is the first detection process for problems. VDEQ deals with leakage on a case-by-case basis. There are 2000 groundwater ponds in the state and 5 full-time geologists.

Monitoring wells are located at the liners edge (within 50 feet). Wells are tested after creation to determine a baseline, and then monitored frequently. If there is a problem, the monitoring operator will know well in advance of the problem reaching the homeowner property. He stated new sites work well because they depend on more than just the new synthetic liner, but a series of systems that work together. Old sites have no collection systems and no synthetic cap. They are sloped and accumulate liquid and have no way to extract moisture. The new landfills have a capping requirement and collection systems for removal of the moisture.

Commissioner Gilliam asked Mr. Farrell if he was saying that it is impossible to prevent ongoing leakage from landfills. Mr. Farrell said no, he was not saying it was impossible.

Mr. Osl asked who is responsible for the mandatory testing and monitoring of the wells. How much is VDEQ responsible and how much is the county responsible? Is there adequate staff to meet the VDEQ requirements for testing? He also asked if they can waive mandated financial requirements.

Mr. Farrell stated that they are mandated under statutory law to monitor quarterly with specific testing, and they have adequate funding to accomplish the testing. He also stated that they would lose their permitting license if they waived any of the financial requirements.

Commissioner Burger asked how often monitoring would occur for water and air, and would the information be made public. He also asked how bad the leakage had to get before closure of the site, if VDEQ was collecting data, and when this data would be available.

Mr. Farrell stated that they monitor quarterly, all information is made public, and they have not had to close any of the sites. The sensitivity on groundwater is high. He stated that the more level the topography, the slower the flow of groundwater. He went on to state that VDEQ has statutory requirements for monitoring landfills. He again stated that all unlined landfills have problems. Prior to 1988 closures, they were not required to monitor water. In the Piedmont area, the groundwater moves at a slow to medium rate. He stated that the new liners have been used since 1993, data on them is being collected, in other states as well as Virginia, but it is not yet available.

Ms. Kahl asked Mr. Farrell what happened to public comments about landfills sent to VDEQ and how they were addressed. He stated that they accept public comments all the way through the permitting process.

There are four major steps: getting a local host agreement (public hearings), local zoning approval process (public hearings), VDEQ permitting process, and then VDEQ public hearings (3-5 public participation hearings). They have not yet received the application from Allied, but have already responded to several concerns by Cumberland residents.

Carolyn Baber gave her support to the project and then read her daughters written comments of support.

Connie Pepper questioned what will happen to real estate values in the area, and was in favor of a landfill.

Juanita Hazlegrove, Dover Johnston, Wilson Shores, Lacie Smith, and Glenda Grubbs (with inclusion of safety measures), were all in favor of the landfill.

Woods Subdivision, what changes in E911 response could be expected, and what percentage of the dollars collected will go to schools, fire and rescue, etc. He asked for percentages tied to dollar amounts.

Blythe Samuels was opposed and had a list of questions she wanted answered, which included:

Commissioner Smook questioned the life of the landfill. At what point do cells stop producing moisture? He thanked the gallery for coming.

Commissioner Burger asked that all answers to the questions posed tonight be put on the website for public review and forwarded to Allied for response. He also thanked the gallery for coming.

Mr. Osl stated it was a good evening, with good comments and good questions. The answers will be completed when the process is finished. He thanked everyone for coming out.

Howard Estes asked that the commissioners look over the draft passed out to begin the process of passage of the resolution to the BOS.

Chairman Wheeler stated that he had learned a lot tonight, and there was more to learn. He thanked everyone for turning out for the meeting.

There being no other comments or business to be discussed, Commissioner Burger made a motion to adjourn to the September 11th meeting and Commissioner Smook seconded the motion. The vote was unanimous to adjourn.

The meeting was called to order by Chairman Wheeler, the roll called, and a quorum established.

The chair asked that all present recognize a moment of silence in memory of those who died or were injured on 9/11.

Catherine Kahl presented a staff update on the Rezoning/CUP applications from Allied Waste. She then introduced Fred Pribble and Jeff Crate, Engineers, from Draper-Aden, to give their report, to be followed by a question and answer period by Ted Neura of Allied Waste, Draper-Aden Engineers (Pribble and Crate), and the County Attorney, Howard Estes, Jr.

Mr. Pribble touched on the relationship between the CUPs and the Host Agreement; the physical configuration of the landfill; the need for more traffic information (what does VDOT need?); borrowing areas (how will they connect to the landfill - since DEQ has limited rules regarding borrowing); truck maintenance areas and hours of operation; leachate to be removed through county sewer lines; the Emergency Response Plan (Parts A and B will address some issues); lighting (addressed in Host Agreement but not in working part of applications); and what will be happening on the land around the CUP areas owned by Allied (after purchase from American Timberland)? It was not clear what was to be done with these areas (approximately 300 acres). He also stated a feasibility study should have been undertaken by Allied, and that a copy of this report should be made available to the county. He also asked for a compiled map of the 3 facilities. What is the proposed use of the land around the 3 CUPs and what does Allied own, or will own, of this property?

During the question and answer period, Commissioner Oulie asked what technological devices are available to monitor odor. And how loud is 67 decibels? Can 2 people standing on the boundary line have a normal conversation if landfill machinery is in operation?

Mr. Pribble responded that the odor issue could be made a part of the conditions of the CUP. There is a way to mechanically monitor methane gas and sulphate odor. He also stated that 67 decibels allows 2 people standing on the boundary line of an active landfill to have a conversation in a normal tone of voice.

Commissioner Burger asked at what point a traffic light would be necessary. Mr. Pribble stated VDOT would use their criteria to make the decision and would not allow a light to be placed until all items on their list have been met. Commissioner Burger then asked what Draper-Aden could tell them about controlling the trucks.

Mr. Pribble replied that non-Allied trucks could not be controlled, as the hours of operation are from 4:00 am until 9:00 pm. Commissioner Burger then asked when does trucking go beyond the hours of operation. Mr. Pribble stated the BOS should address this issue.

Mr. Crate responded to a question about what the height of the landfill would be, and he stated that there are estimates on this. He was then asked what the borrowing heights would be, and responded that it depended on the operational plan. It varies at different sites.

Mr. Neura gave a short update on the landfill. Commissioner Smook asked how big the lot was that allowed trucks onto the site (not answered) and how large is the buffering area? (100 feet); how many trucks at one time in the truck staging area? (25-50 trucks and also the truck cleaning area. Allied will limit the staging area to its own trucks others will be allowed in during normal hours of operation only). Allied operates under Federal Interstate Commerce rules and Virginia mandates voluntary restrictions on outside waste. Allied has specifically limited this per the Host Agreement signed with the county. He also stated there would be mechanical receivers at the entrance to detect radioactivity--a truck would be turned away if these monitors reacted to it. Any loads willfully accepted by Allied and not in compliance are the responsibility of Allied, and they are liable for any violation citations/damages. Attempts to willfully bring in non-approved waste for which Allied is charged will be charged back to the company trying to dump the waste. Non-willful waste accepted by Allied is not liable for damages. Special waste was specifically said to NOT be hazardous waste it may be non-traditional but not hazardous. Mr. Neura stated that Allied asks all participating companies for its operating protocol to determine the type of waste they traditionally handle and will be bringing to the site.

Mr. Neura also stated that Allied would provide the county with a copy of the feasibility study of the site (including boring) mentioned earlier by Draper-Aden, and which will permit a general idea of the size and height of the landfill. He also stated that the footprint of the site may change during the DEQ permitting process.

In response to the question about use of the land, Mr. Neura stated they have 1214 acres of land, approximately 557 acres in the M-2 CUP, 200 acres in the A-2 CUP, and 127 acres in the M-2C CUP. He also stated the Brunswick facility mounds are about 125high. In response to the question of whether the landfill will be seen from the road, Mr. Neura stated the topography and location will prevent it from being seen from any points of view on the road. He also stated that there will be a presentation by Allied on September 18 that will answer many questions, and he does not want to discuss this information tonight.

Commissioner Smook brought up the issue of roads. These roads already require improvements, and repairs. We also need to project traffic on maximum throughput over the next few years will create more these roads, to address the issue of a stop light.

The engineer for Allied stated there is a warrant study in progress now, and traffic signals on much traveled roads can cause accidents. VDOT will not put in a light until their criteria for warranting one is met.

Commissioner Speas asked about regulating speed on Route 60 through a series of reduced speed signs. The engineer for Allied asked if this was for all of Route 60 or just at the truck entrance. She also stated that a long left hand turn lane needed to be created for trucks turning off onto the site to remove them from the ongoing traffic. It was also asked whether or not trucks turning left from the site (and from Frenchs Store Road) into traffic will be able to see oncoming traffic on the other side of the trucks lined up to turn. An

estimate of 4748 vehicles per day was estimated to soon be traveling on this road.

Nearest property owner to the landfill boundary was stated to be Mr. and Mrs. Marano at 300-400. They will be approximately 500-600from the landfill. It was stated that the Marano house is atypical and in terms of pitch points, this house is the closest.

The question was asked how much land is owned or optioned, and specifically in total acres, by Allied for the landfill (1214 acres, with about 330 acres outside of the Rezoning/CUP). It was asked how this land is to be used. (Mr. Neura replied much of will be used in buffer zones, and in bringing in new types of business). It

was also asked what the peak number of trucks would be in the borrowing area (dependent upon the efficiency of the borrowing activity).

Noise levels were again addressed. Artificial sound barriers have been discussed and dismissed.

Because of the existence of abundant pines, natural buffering occurs. Allied may put up soil berms when needed to reduce noise levels.

Mr. Neura stated Allied did not anticipate borrowing activities running around the clock. They should shut down between 5:00-6:00 pm and open between 7:00-8:00 am. They will comply with the terms of the CUP. In addition, if the Host Agreement has more strict terms, they will be required to follow those terms.

In answer to a question about how high the landfill cell will be, Mr. Neura estimated it will be a vertical mound of about 150.

Mr. Neura also stated that Allieds standard operating procedure is to offer property value protection plans for homeowners within a specified distance. It was asked if it was possible the stated distance of ½ mile could be extended. Mr. Neura stated the protection plans are standard for developing sites. He also stated Allieds odor standards are above DEQ standards.

Commissioner Burger asked that the CUP reflect there be no biosolids unless approved by the BOS. He also asked if all of the information regarding the landfill could be put in one spot on the

internet for easy access by the public (this can currently be accessed through the Planning and Zoning webpage on the Cumberland County website). He also asked about the value of the tonnage of waste rights extended to Cumberland County be included in the CUP. He also asked about water brought to the site, and the development of a wastewater treatment plant on the site. Mr. Neura added that if they did this they would need some flexibility in getting it established.

Commissioner Burger asked that noise and lighting issues in the Host Agreement be transferred to the CUP, and width and height regulations be added. He also asked that limitations be put on truck

Mr. Neura stated that trucks will mostly be coming from Roanoke and Lynchburg, and they do not anticipate a lot of traffic on Route 45, but this can be part of the CUP conditions.

Mr. Neura was asked if the daily covering was literally done every day. He stated this was done to discourage migration of the waste, and to prevent fires. He also stated that there are several daily

types of cover for the cell. There is the use of earth, and they can also request an alternative cover in the VDEQ application. The daily operations have a working cover for ease of access each day.

The finished cell has a specific type of cover. He also stated that the PC will get new info regarding the borrowing activities as an amended application.

Mr. Neura again added they would need some flexibility in addressing many of the issues discussed tonight.

Ms. Kahl stated VDOT is not clear when the traffic study will be completed. She also stated that Mr. Leatherwood, Resident Engineer at VDOT in Dillwyn, in conversations with him asked that it be made clear to Allied they are expected to be responsible for all fees associated with any reviews they are required to perform.

Howard Estes, Jr., County Attorney, then made a statement there would be no need for CUP conditions for the matters just discussed, as they were proffers and already listed as an attachment to the CUP.

Juanita Urban encouraged everyone to think about the landfill as though it was in their backyard;

Courtenay Baber had a paper read by her mother, Carolyn Baber, and supports the landfill,

Linda Nixon distributed a handout about out-of-state trash lawsuits and is opposed;

Bill Osl stated that the questions asked by the citizens are to be posted on the website.

The next meeting date was discussed, and it was decided that there would be no need for the September 13 meeting as originally scheduled.

There being no other comments or business to be discussed, Commissioner Burger made a motion to adjourn to the September 18 meeting, and it was seconded by Commissioner Smook. The vote was unanimous to adjourn.

The meeting was called to order by Chairman Wheeler, the roll called, and a quorum established.

The minutes of August 21, 2006 were introduced and a motion to accept was made by Commissioner Gilliam, seconded by Commissioner Speas. The vote was unanimous to accept.

Nominations for the election of a new chair and vice chair were then opened. Commissioner Oulie nominated Parker Wheeler as chair, with a second by Commissioner Speas. He accepted the nomination. The vote was unanimous to elect. Commissioner Gilliam nominated Bill Burger as vice chair, and Commissioner Smook seconded the nomination. Commissioner Burger respectfully declined. Nominations were again opened, and Commissioner Burger nominated Commissioner Oulie as vice chair. Commissioner Smook seconded the nomination. He accepted and the vote was unanimous.

Chairman Wheeler then introduced Ted Neura to give a presentation on behalf of Allied Waste (copy of PowerPoint presentation included in minutes book). Mr. Neura spoke to facts introduced at earlier meetings and then answered questions asked by the commissioners. He again stated that the proposed site meets the three criteria of Allied for a landfill. These are isolation, accessibility, and suitability. VDEQ has its own set of criteria for approval of the site.

Mr. Neura also addressed a question regarding traffic patterns. He stated that if a drug store were to go up in along Highway 60, it would increase traffic by approximately 1000 trips per day. He also stated if a home improvement store were to go up, it would generate about 3400 trips per day; each new home generates about 10 trips per day, and a standard subdivision of 200 homes would generate about 2000 trips per day in added traffic. He made the distinction that a landfill generates less traffic than a 200 home subdivision.

Mr. Neura was asked several more questions regarding traffic, including who does the design for the traffic flow of the trucks (what highways and roads will be used for coming and going). He stated that Allied will provide this and submit the plans to VDOT for approval. He also stated that the Host Agreement limits the routes that can be used. He also stated that from eight locations thought to be the most visible, the three closest property locations to the landfill would not be able to see it. The liner system was briefly discussed and it was stated that the relationship between the clay liner and the synthetic liner made them extremely chemical resistant.

Mr. Neura also stated the capping system allows gas to be used for other systems. The USEPA reports that three megawatts of energy generated by landfill gas is the equivalent of taking 20,000 cars off the road and saves about 300 barrels of oil. It can also be used to generate electricity.

Financially, the conservative estimate of income to the county to be generated over the life of the landfill is $150 million dollars. It is also expected to benefit the county in terms of jobs (about 50-75 locally). 250 acres is 1/10 of 1% of the land in Cumberland County. The question was asked if any other business using 1/10 of 1% of the land in the county can generate this much revenue. He then asked if it generated value. Mr. Neura estimated it would take three stores for every pedestrian in Cumberland County to generate the same in landfill revenue.

The Property Value Protection Plan (PVPP) was briefly discussed with some members of the commission asking if an extension to the boundaries (1/2 mile) would be considered. Mr. Neura stated it would be looked at, but the standard landfill site PVPP was for houses within ½ mile of the site.

After the presentation, Chairman Wheeler asked County Attorney Howard Estes, Jr. to explain why there would not be a Public Hearing held tonight. Mr. Estes explained that the applications originally submitted were amended and were different from what was advertised for tonights meeting. The two new pieces were the movement of a roadway further west, and a 300easement/buffer adjacent to the Woods Subdivision being considered. New amended applications would be forthcoming and new advertised notices would need to go out. These must be advertised for two consecutive weeks prior to a new Public Hearing being held.

Commissioner Burger made a motion to defer the Public Hearing until the October 10th meeting, originally scheduled for the Board of SupervisorsPublic Hearing meeting, to consider the changes. Commissioner Speas seconded, and the vote was unanimous to postpone. This meeting will also be held at the Cumberland Elementary School.

The Public Comments portion of the meeting was opened. Several speakers who had signed up to speak had already gone home.

Those speakers supporting the landfill and Allied were Karen Mullins and Beverly Hill.

Those speakers who supported the landfill, but still had questions for Allied were James Shennoyan, Ronald Sears, and Paul Hatcher.

Those speakers who were opposed to the landfill and still had questions for Allied were

Both Carol Wright and Bill Wright left handouts relating to Allied Waste infractions, copies of news articles, and questions about Allied with the Commissioners to be made a part of the record.

There being no more speakers, the Public Comments portion of the meeting was closed.

Commissioner Speas stated she appreciated all of the questions and comments, and the general input from the citizens regarding this issue.

Commissioner Smook thanked the community for their involvement in the process, and stated it was good to learn from both sides, and to hear the concerns the citizens have for how the landfill will impact their lives.

Commissioner Gilliam stated it was their job to discern fact from feeling, and thanked the community for their input.

Commissioner Oulie said the impact on citizens was the most traumatic event since the invasion of the Union Army. He agreed with Commissioner Smook that it was a good thing to hear the concerns of citizens in how this will affect their lives.

Commissioner Burger stated he had trouble sleeping with the decision to be made, but that all here are approaching fact gathering with an open mind.

Chairman Wheeler thanked all the Commission members for their tireless efforts to get the facts and comprehend the information. He addressed the many nights they have all spent in working on both the Comprehensive Plan and the landfill, and studying voluminous pages of information. He thanked everyone in the audience for coming and sharing their views with them tonight.

There being no other comments or business to be discussed, Commissioner Burger made a motion to adjourn to the October 10th Public Hearing Meeting and it was seconded by Commissioner Gilliam. The vote was unanimous to adjourn.