Proposal For A

Solid Waste Management Facility

In The Town of Brant

Prepared By:
Robert A. Gerhard III
Gerhard/ALCEN
PO Box 133
Derby, New York 14047
(716) 549-4107

Prepared For the Town Attorney
John Grennell



INTRODUCTION

This is an unsolicited proposal to the Town of Brant for development of a Solid Waste Management Facility. The Facility and Project are described in the Site Evaluation (section 2) and the Project Summary and Description (section 3).

The site is located in the westerly section of the Town, with access from US Rte. #20, and has onsite rail. Approximately 500 acres are currently under contract (more land is being optioned as each connecting parcel is secured). All property owners on Rte #249 (from 500' past the Village limits), on US Rte. #20 from Rte. #249 to Hammond Rd., Hammond Rd. from US Rte. #20 to Cain Rd., from Hammond Rd. west on Cain Rd. (in the Town of Brant) to the railroad will receive an offer from Gerhard/ALCEN to purchase their property.

Approximately 200 acres of cell will currently be accommodated. A site life of 40 years at 25OOtpd is currently projected, with the additional acreage, 40 years at 5OOOtpd is realistic. Considering the available transportation and size of the property in reference to the projected Municipal Solid Waste disposal capacity within New York State and Ontario, this is a most attractive site.

Our proposal is contingent upon the Town initiating proceedings to repeal or amend the Garbage, Rubbish, and Refuse Law to allow the establishment and operation of a privately owned and operated Solid Waste Management Facility.

After repeal or amendment of the Garbage, Rubbish, and Refuse Law, and execution of a Host Community Agreement (section 4), the location will undergo stringent testing to insure adequate compliance with State of New York requirements. When the site has been proven to be in compliance an application fee of $100,000.00 (one hundred thousand) will be paid to the Town and a New York Department of Environmental Conservation Part 360 Permit to construct and operate a Landfill will be applied for.



Site Evaluation

TRANSPORTATION

The site is located on US Rte. #20 roughly equidistant (5 miles) from two NYS Thruway exits; additionally 2 major rail-lines are located within the property. Local traffic issues should be relatively nonexistent.

Currentty there are 3 zoning designations on site; industrial, commercial, and rural residential.

PROHIBITIVE PERMIT ISSUES

The primary reference document for this report is New York State Department of Environmental Conservation Part 360-2.12(c) Landfill siting restrictions. (Section 1,) *#1, *#2, etc).

(1) Primary water supply, and Principal Aquifers
(i)&(iii) The required horizontal separation............ No mapped aquifers are within the site; one confined aquifer 3A of a mile west at its closest point and 2 miles at it is farthest. (attachment 1)

(2) Floodplains
Examination of the USGS map of Flood-Prone Areas shows an approximately 50' wide floodplain for Creek at the western edge of the property, this would in all likelihood be in the buffer area. Flood-Prone Areas.

(3) Aircraft Safety
The only airport identified on the Detroit Sectional FM is approximately 5 miles NNE of the site. Angola Airport

(4)Unstable Areas
(I) Unstable Areas
The site soil types by definition from the County Soil service are; loam, and clayey loam
(iii) Poor Foundation Conditions; Blue clay has been mined in the area for use in the former brick factory. The depth of bedrock was not determined.
(iv)Areas susceptible to mass movement; Review of the New York State Museum-Geological Survey Map and Chart Series Surficial Geologic Map of New York indicates till- variable texture usually poorly sorted, relatively impermeable. Susceptible to instability on steep slopes, topographical data and inspection show no steep slopes.

(6) Fault Areas
Review of the New York State Museum Map and Chart Series Preliminary Brittle Structures Map of New York shows no faults on site or within the two hundred foot required separation area. Closest approximately 7 miles. (attachment 2)

(7) Seismic Impact Zones
Review of the information for Fault Areas, Areas susceptible to mass movement, Poor foundation conditions, and Unstable Areas do not indicate a Seismic Impact Zone.

(8) Federally regulated wetlands
Review of New York State Freshwater Wetlands Map, show no designated wetlands (attacbment 3). Federal Wetlands inspection has not been performed, if Federal Wetlands are determined to exist the will be incorporated into the Economic Environmental Balance Area.




PROJECT SUMMARY


1.0 Introduction

The purpose of this publication is to inform the residents of Brant as to the realities regarding the opportunity to become a Partner and Host Community for a Solid Waste Management Facility (SWMF). Many successful private-public partnerships have been established. Through these partnerships communities derive significant benefits for hosting a facility.

Currently proposed is a location for Solid Waste Management Facility (SWMF) in the Town of Brant. The exact size of the site is still to be determined. Preliminary soil testing, core samples, and installation of monitoring wells will be preformed. These steps will prove the site meets all regulatory requirements under New York Department of Environmental Conservation Regulations Part 360 Landfill requirements, which are among the most stringent in the United States.

This shall be a "State of the Art" facility incorporating the most recent available technology. We expect our site will be permitted to receive up to 5000 tons per day of municipal solid waste. We shall employ 60-80 full time personnel with additional construction employment on a regular basis for the life of the site (approximately 40-50 years). All positions will be offered to qualified Town residents on a preferential basis.

Our task is to establish an agreement with the Town supporting the operation of the facility. This agreement must address the concerns and well being of the residents and the financial realities effecting the business of operating the site.

The community is our best asset. Our philosophy is to inform the residents of the host community of all aspects regarding the project. In doing so, we hope to provide the residents with the maximum amount of information available. A list of questions from host communities and the responses are in Attachment 2.

2.0 Facility Siting, Design and Permitting

The most important factor to consider when evaluating a project is the relative risk and benefits of the project. Today's design standards, as required by New York State Law, for solid waste management facilities have virtually eliminated the risk for communities near a SWMF An illustration of this risk reduction is in the geological siting requirements, liner requirements and acceptable waste criteria. The following sections describe how these risks have been reduced:

Geological Siting Criteria

Locating a solid waste management facility is not a simple task. There must be correct soil conditions (permeability) to slow or inhibit movement of liquids, and adequate groundwater separation. A properly sited SWMF will provide adequate ground water protection without a liner system. With the addition of a double composite liner system, with leachate collection and detection systems, NO MATERIAL PLACED IN THE CELL WILL ESCAPE INTO THE ENVIRONMENT. The movement of water through soils is the essential factor when siting a facility. In the past, when no regulations existed, waste was placed into old gravel and coal pits. By the nature of these soils, free draining and wet, the site soon becomes contaminated and releases leachate into the surrounding groundwater. The regulatory requirements now prohibit siting a landfill in these conditions.

The rate of movement, of water, through soil is a measure of the "permeability." Soils in gravel and sandpits have permeability in the range of 10,000 ft per year at a gradient of I. On the other hand, low permeable soils, such as clay and dense well-graded tills have permeabilities of 0.1 ft per yr. (APPROXIMATELY 1" PER YEAR)

What does this all mean? It means, in the worst case, for a properly sited facility the groundwater movement through the soil could travel less than 0.1 feet per year. In a case where the soils are over 100 feet deep, the groundwater could take 1000 years to reach bedrock. Bear in mind this would be the case where no liner was installed. The site being proposed has a double composite liner eliminating any chance of leakage from the cell and in turn from the facility into the surrounding area. A copy of a "Liner Facts" a compilation of independent and EPA studies is provided as Attachment 1.

Another property of good quality soil is called "cation exchange." Cation exchange is the soil's natural ability to "clean" the contaminates from leachate. The cation capacity of the soil can be measured. This measured value is modeled to illustrate the worst case scenario (i.e., total liner failure) to show the impact and time prior to contamination reaching the bedrock. Considering the soil types on site (dense glacial till) the ground water contamination potential for this site is extremely low.

Liner Requirements

In addition to the geological considerations, the next feature of the site is the liner system (Figure 1). New York State requires not only one liner system for solid waste management facilities, but 2 (two) - double liner systems. EPA requirements are only one (one) double liner system, and no liner systems for sites underlined by low permeable soils. A photograph of a cell under construction is included in Attachment 5.

The effectiveness of a "double composite" liner system is measured in leakage rate. Leakage (drainage) rate is the amount of liquid found in the second leachate collection system, sandwiched between the two liner systems. The allowable leakage rate for a double composite liner system is 20 gallons per acre per day. This would amount to 3,000 gallons per day on a 150 acre site. Please note this is the allowable rate. The actual amount of leachate collected in properly constructed liner systems is less. Regardless the liquid from the secondary system is collected and does not enter the environment. There has not been a reported failure of a non-invasive double composite liner system to date.

A second liner system is installed below the secondary collection system. This system provides further protection of ground water against the potential leakage of leachate allowed through the primary liner. If you assume the same operating efficiency in the secondary liner as the primary liner (approximately 98 percent) the amount of drainage through the secondary system could be projected to approximately 60 gals. Per day for a 150 acre site. As a comparison, a typical septic system for a family of 4 generates 400 gals. per day of untreated waste directly into the environment. Large farms generate much greater quantities of pollution, which affect ground water quality.

Waste Types and Leachate

Solid Waste Management Facilities are permitted for acceptance of only non-hazardous waste materials. In the past, before Resource Conservation and Recovery Act, facility waste was not monitored or controlled. Operational waste control plans for a modern solid waste management facility include:

Waste Sampling and Analysis Plan - Including testing and analysis programs for materials delivered to the site.

Waste Inspection - All facility operations personnel are trained in waste identification and handling.

On-Site DEC inspection -- An on-site DEC representative will be inspecting all aspects of the facility including the types and quantities of waste delivered. Some communities have the facility budget a Town inspector to verify waste handling procedures.

Inventory and Reporting - All waste delivered to the facility must be inventoried and the generators and haulers reported to the NYSDEC.

Leachate generated by a typical SWMF is sent to a local wastewater treatment facility. The strength of this liquid (measured by the types and concentrations of contaminants) is reported to the NYSDEC and the Sewer Treatment Plants. Data from lined facilities show the liquids to consist of "weak" concentrations (Attachment 1, available from Town Supervisors Office), acceptable at most Sewer Treatment Plants and of lower toxicity than the liquid currently being processed.

Older sites that accepted many types of hazardous waste created stronger leachate. The new regulations require generators of hazardous waste to track all their waste directly to the final disposition, ensuring these waste materials are not sent to sanitary landfills.

This facility will accept only municipal solid waste; NO HAZARDOUS, MEDICAL, or RADIOACTIVE materials will be accepted. New York State Department of Environmental Conservation will assign an inspector to the facility to perform daily inspections and review operational procedures.

Financial Security

Our facility is required, by DEC, to establish a closure and post closure account insuring future financial capability to perform as required. Financial instruments (trust accounts) must be in place prior to the delivery of any solid waste. A long term care and closure plan for the facility is prepared and submitted to NYSDEC. Upon review, NYSDEC calculates the amount necessary to meet the future operational requirements. The amount is then insured and dedicated for facility operations should the operator fail to perform the required closure and post-closure duties. Thus guaranteeing the State or Local governments will not have a future financial liability for the site.

Regulatory Framework

The facility will be permitted, constructed and operated in accordance with NYS Part 360 and EPA Subtitle D. All New York State Environmental Quality Review Act procedures must be adhered to. The environmental laws cover all aspects of the facility including:

A comprehensive facility design and impact analysis will be prepared to address the legal permitting requirements for the facility. The design will incorporate state of the art landfill and liner construction requirements. Cell locations will be confirmed through additional testing and analysis. A long-term environmental monitoring program will be established to insure the facility is operated in accordance with state and federal requirements.

The facility construction and operation will be monitored by the NYSDEC on a routine basis. On-site DEC representatives will be observing daily operational activities including waste acceptance and placement.

3.0 The Host Community Partner

The host community plays and important role in the permitting and development of a SWMF. Many successful agreements have been reached with communities who see the facilities as an opportunity to gain additional services, as well as strengthening and protecting the local economy.

On a benefit verses risk scale, a SWMF can provide significantly greater benefits to a community, relative to the impact, than other types of developments. This is due to the large benefit packages provided and the relatively small land area and low utilization of the local infrastructure.

Many industries are paid to enter a community. Usually this is accomplished through deferred tax plans, and low interest government guaranteed loans. If a manufacturing plant locates in a community and creates 100 jobs, the local government would probably be bidding against other communities to host the facility. Low tax rates and "reverse" host agreements have enticed companies to move to the southeastern states.

Pollution exists with manufacturing facilities. Land is affected by the construction of buildings, roads and parking areas. The community is then required to help "foot the bill." Vehicle traffic increases dramatically from the receiving of raw materials, shipping of finished products and workers going to and from work. SWMFs have been falsely publicized as being "bad." Focusing on this perception, the host community can realize substantial gains for hosting a SWMF. Our proposed project does not require financial support or tax relief from the host community.

The Host Benefit Package

Various types of host benefit packages exist today. Many of the agreements include provisions for royalties, services and other benefits to the communities. Copies of various agreements were obtained from several facilities across New York State. The following agreements were structured during the last five years and provide a basis for comparison.

Copies of the Host Community agreements are available for inspection and excerpts from these agreements have been included as Attachment 3. These agreements were obtained from the host communities, and are public record. The total amount of funds provided to each of the communities varies depending upon the amount of effected infrastructure and tonnage accepted by the SWMF.

How Can These Funds be Used?

Should the Town choose to enter into a host agreement we may suggest certain uses of funds to enhance the economic opportunities and quality of life for the residents? Some examples of the different ways a host community may utilize the benefits offered are:

A properly managed Host Community Benefit package can assure long term community enhancements exceeding the life of the project. It will be up to the residents to develop a spending plan to meet their long-term community goals.

Other Project Benefits

This project will enhance the quality of life for the residents of the Town. A short-term benefit may include utilization of manure waste to enhance waste decomposition and increase gas generation at the facility. Animal waste (manure) and its impacts are currently under scrutiny from the EPA. Acceptance of this waste at the SWMF will eliminate a liability to the local farmers and create an income.

A long-term gain to the community includes access to low cost electrical power generated from the SWMF methane gas. Gas, generated by the waste, will power Caterpillar engines operating electric generators. This method yields, low cost, electrical power. Electricity can then be made available as an incentive for new business to enter the community, or aid the expansion of established operations. The electricity may also be sold to the local utility as part of the guaranteed buy back program.

4.0 Positive Economic Impacts

Employment Opportunities

The facility will require 50 to 80 permanent employees, and provide 40 to 60 seasonal construction positions. Full time positions include management, engineering, office support, equipment operators, mechanics and maintenance workers needed by the facility. Seasonal positions will also be available. These are necessary for the ongoing construction of new cells, closure activities, installation of gas collection systems, and electrical generation facility functions. All positions will be offered to qualified Town residents on a preferential basis.

Use of Local Vendors and Services

Facility operations will require many services such as welding, cleaning, fuel, housing, tires, office supplies, etc.

Advantage to Other Industries

New industry will be able to take advantage of the available waste disposal capacity thereby reducing their liability and costs. Additionally, electrical energy will be available at attractive rates to existing companies and those wanting to enter the area.

Electrical Generation, Town Rural Electric Co-op

The electrical power generated by the facility will be made available to the Town for the possible creation of a Rural Electric Cooperative. This could reduce or eliminate local household electrical costs.

Citizens Action Committee (CAC) could be created to establish a method for communicating the concerns from the community. The committee will present the issues voiced by the residents for incorporation into the facility design and permitting process. Qther facilities have sponsored similar committees to help in assuring, follow through on facility issues and improve dissemination of information.

A map showing the probable location and a comparison of the size of the total property and the actual area of SWMF site. The most likely configuration is 50% or less of the total property as cell, with the remainder used as buffer and a managed wildlife area.

5.0 Currently Identified Issues

Table 2
Identified Issues

We hope to have input from members of the community. This will enable further identification of the issues. These discussions will also help to inform residents to the real consequences of this project. The most likely potential facility impacts are described and the associated mitigative measures explained below.

Traffic

The primary issue will be, for residents contiguous to the approach route selected, the increased truck traffic. This facility will have rail access thereby drastically decreasing additional truck traffic. Additionally roads must be maintained in accordance with their use These costs will be addressed by the facility either through Bonding, actual upgrading and maintenance of the road, or the most likely purchase of land and construction of a private road. We will have a traffic engineer evaluate the impact of increased traffic. When completed the evaluation will be available for review by interested parties. Additional studies, options regarding traffic and road conditions will be presented based upon the evaluation.

Vector control

Vector control, specifically seagulls, has been reviewed. Several sites use pyrotechnics, carbide cannons, and permitted elimination to control seagulls at the working face. Similar methods will be employed at the proposed facility. In addition, it has been noted that the seagulls do not utilize other bodies of water in the vicinity of the site. They stay at uncontrolled sites from sun up to sun down and spend the evenings in areas removed from their feeding site. Attachment 5 shows photographs of the working face of Rodman facility, where vector control is in effect.

Odor Control

Odor will be present at the facility during the initial operational stages of the facility, until the active gas collection and electrical generation systems take effect. Typically, odors generate during specific meteorological conditions (approximately 5 times a year). The proposed site is in dairy farm area where most residents are familiar with the odors generated by the herds. This facility will not generate odors as disturbing as manure repository areas. The odor from the facility will be eliminated after the first 3 to 5 years as the active gas collection system reaches full operational capacity.

Long Term Issues

Questions from some of the local residents relate to the long-term issues of the facility. The size and life of the facility proposed would be approximately 40-50 years. Gas generation will continue to be a source of fuel for electrical generation approximately 20 to 30 years after the end of operations, providing an electrical generation life of over 70 years. In addition, the NYSDEC requires the facility owner to maintain and monitor the facility for a minimum of 30 years past closure (i.e., post-closure).

When the facility is closed~ guaranteed funds are available to continue the necessary monitoring. The moneys will be used to monitor the site, perform final cover maintenance and inspection, and access control. These are the funds identified in the section addressing Financial Security. Closed sites have been graded for recreational use as ski slopes, snow mobile trails, and golf courses.

Leachate generation of a closed facility is significantly reduced. A landfill closed in accordance with the NYSDEC regulations will have a reduced leachate generation rate by over 90%.

Property Value

A significant issue is the view that property values decrease when a facility of this type is established in a community, or that everyone wants to move out. Included in this package are photographs (Attachment 5) of new housing developments within a mile of one facility and three miles from another.

Nonetheless, the operators of the owners of the facility will insure affected property owners of continued current property values. A definition and appraisal of current property and a contractual process to garentee saleability of properties in the area will accomplish this. The process will include, but not be limited to:

Other Host Communities have working models of formulas and procedures to perform this task.

6.0 Draft Proposal To The Town of Brant

The following is an outline draft proposal, including many of the elements from agreements used at other facilities. Should the Town entertain our project, your Town Board may be responsible for negotiating specific amounts and services.

Elements of the Draft Host Community Agreement

The benefits available for the Town (Village of Farnham included) include:

7.0 Synopsis

The proposal presented provides information regarding an opportunity for development and economic growth to the area. A site properly permitted, designed and operated in accordance with New York State Part 360 facility requirements, is an environmentally sound and safe manner to dispose of solid waste. A significant opportunity exists for the community to participate as a host community for Solid Waste Management Facility.

We believe the project will be accepted by openly discussing the project and it's relative impact with the constituency. This document has been created to help in that effort. Education, information and dialog with local residents are critical for providing the facts necessary to make an informed decision effecting the future of the area.

The positive economic impact to the community is:

1. Royalty income @ 80% of capacity....$4,200,000.00

2.70 full time positions @ $40,000.00....$2,800,000.00

3.40 part time positions @ 30,000.00....$1,200,000.00

4. Reduced electric costs approx.....$720,000.00
$40 per month 1500 households.

5. Waste Disposal $30 per month per house....$540,000.00

The Total per year estimated income and savings to the Town.

$8,440,000.00




Questions and Answers

What is a landfill and how would it affect my town?

How do we know if the groundwater stays clean?

Ans. Monitoring and testing of wells surrounding the site are performed. Monitoring wells are installed on and off site to detect any leakage.

Don't all liners leak?

Ans. No, Liners are designed with multiple layers of collection and monitoring points which eliminate the potential for any leakage beyond an imperceptible amount. Many studies on have been performed on liners systems that have demonstrated their effectiveness. There has not been a reported failure of a non-invasive double composite liner system to date.

How long do the liners last?

Ans. A study prepared by Hsuan and Koemer indicate that liners have an antioxidant life of over 200 years. Additionally, the ha/f-life of the physical properties of the liners is estimated over 750 years. The estimate for the half-life continues to increase as the test data becomes available. The half-life of the liner does not mean the liner will fail to perform. The performance of the liner could be many times greater than the half life.

How are landfills built?

Ans. Landfills are constructed using techniques that have evolved over the past ten years. Liner construction quality control is considered the primary driving force of the construction practices used. Independent (100%) inspection is performed during every phase of the facility liner construction.

Won't there be a lot of traffic?

Traffic impacts will be evaluated for each of the proposed locations for the site. All though the facility has a planned capacity of 5,000 tpd, the actual rate is likely to be much less. The traffic count for the planned capacity is approximately 100 to 125 trips per day. Much of the material will arrive via rail.

Will the traffic hurt our roads?

Ans. Any road upgrades and/or additional maintenance costs will be bome by the facility.

Are there other landfills by industrial parks?

Ans. Yes, Penington NY is the closest, which has High Acres Landfill.

What will happen to the value of my home?

Ans. Values of the near by homes will be guaranteed through a property protection plan. Simply put, the present value without a SWMF is determined when the property owner decides to sell if they do not receive the value (adjusted for inflation) the facility would be responsible for the difference.

What happens when the landfill closes?

Ans. The facility must be maintained and monitored for the post-closure period once the site has been closed. During this period the leach ate generation and rate significantly reduces.

Who pays for the long-term maintenance of the landfill?

Ans. Prior to opening the facility funding is put into place by the landfill operators.

Isn't landfill water (leachate) toxic?

Ans. Leachate generated by a typical SWMF is sent to a local waste water treatment facility. The strength of this liquid (measured by the types and concentrations of contaminants) is reported to the NYSDEC and the Sewer Treatment Plants. Data from lined facilities show the liquids to consist of "weak" concentrations, acceptable at most Sewer Treatment Plants and of lower toxicity than the liquid currently being processed.

How will the landfill impact on the wildlife in the area?

Ans. During the preparation of the Environmental Impact Study, the wild life of the proposed facility will be evaluated. Any impacts to the wild life in the area will be mitigated either through design modifications or facility design changes.

I remember the dump when I was a kid being full of rats and seagulls, what are new landfills like?

Ans. Vermin (rats, etc.) can not live in a modem landfill. Waste is compacted until there is not enough mom or afr for vermin to exist. Various methods are employed to successfully keep seagulls away from the site, these are many of the same means farmers use. The seagulls will not stay somewhere they can not land and feed. The closest facility to employ this successfully is Rodman Landfill near Watertown, NY

How does this project help the Town financially?

Ans. A positive economic impact of approximately $8,440,000.00 per year

Can a landfill be placed over an aquifer?

Ans. A landfill cannot be built on a site if there is an site. The existence of an aquifer can not be comprehensive hydro-geologic studies are completed. aquifer under the proposed proved or disproved until comprehensive hydro-geological studies are completed.

Won't I see the site from every point in the Town?

Ans. A visual impact analysis will be prepared for the proposed facility. This analysis will be used to evaluate the view shed for the site. Where appropriate, screening will be design for the site to reduce and/or eliminate the visual impact.

Will there be papers and garbage from loads on the road?

Ans. All waste loads entering the facility must be tarped. Each of the loads are inspected prior to crossing the scale to ensure they meet delivery criteria. Personnel from the site will have the specific task of policing the road to the site on a daily basis.




HOST COMMUNITY AGREEMENT


Whereas, Brant Landfill (or such other) is a company formed to establish a Municipal Solid Waste Management Facility in the Town of Brant.

WHEREAS, Brant Landfill has acquired options to purchase over 400 acres of land located in the Town of Brant in the westerly section of said Town and is referred to as the "Site" and

WHEREAS, Brant Landfill intends to construct and operate a non-hazardous solid waste management facility on the Site, which facility will be designed, constructed and operated in accordance with Federal and State Laws and the Town of Brant Garbage, Rubbish, and Refuse Law regulating non-hazardous waste management facilities, including in the design such safety features as two separate, composite clay and synthetic liner systems, a primary leachate collection system, a secondary leachate collection/detection system, a network of groundwater monitoring wells, active gas collection, a closure cap, together with post-closure monitoring and maintenance program for the facility fully guaranteed by a Facility Closure Trust Fund, and any features as designated by Federal, State, or Local laws or regulations. As described in the Project Summary and Description (Exhibit A); and

WHEREAS, the construction and operation shall only take place upon issuance of DEC and Town permits; and

WHEREAS, the parties now desire to provide for the future development and operation of a non-hazardous solid waste management facility on the Site in a manner which is beneficial to both Brant Landfill and to the Town, in accordance with the Garbage, Rubbish, and Refuse Law of the Town of Brant enacted xxxxxxxxxx.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows:

ARTICLE I - TERM AND APPLICABILITY OF AGREEMENT

This Contract Agreement shall commence on the date hereof. This Agreement is conditional on Brant Landfill's compliance with DEC laws and regulations, and Brant Garbage, Rubbish, and Refuse Law. If those requirements are not satisfied, and permits are not issued, this Contract shall be null and void and of no further effect. And shall continue from the date Brant Landfill commences disposal operations at the Site, as long as Brant Landfill is conducting or seeking to conduct non-hazardous solid waste disposal operations at the Site, in accordance with all applicable statutes, regulations, local laws and permits.

ARTICLE II - SITE DEVELOPMENT

BRANT LANDFILL intends to operate a state of the art solid waste facility. All design and construction techniques will be in accordance with 6 NYCRR Part 360 as modified by Garbage, Rubbish, and Refuse Law Town of Brant. The facility will include a sanitary landfill, a composting facility for yard wastes to be processed into organic compost and a recycling operation. The landfill will be constructed with two separate, composite clay and synthetic liner systems, a primary leachate collection system a secondary leachate collection/detection system, a network of groundwater monitoring wells, an air monitoring system, a closure cap, together with post-closure monitoring and maintenance program in perpetuity for the facility fully guaranteed by a Facility Closure Trust Fund. The facility will only accept non-hazardous solid wastes. No hazardous, medical or radioactive waste will be allowed.

In the event that this particular site does not meet DEC and Town standards as ESTABLISHED, Brant Landfill will not attempt to place a similar facility as proposed anywhere else within the Town of Brant.

ARTICLE Ill - HYDROGEOLOGICAL STUDIES

The Town is aware that BRANT LANDFILL, through its consultants, will conduct hydrogeological studies on the Site. All concerned understand and appreciates the need for the ultimate in objectivity and credibility in intemreting, assessing and reporting on these studies. To accomplish this, the Town may contract with appropriate professionals, WHO may COMPLETELY MONITOR BRANT Landfill's hydrogeological investigations, in the field and as reported to DEC. Brant Landfill, and its agents must make complete disclosure of all work at the site and as analyzed in the laboratory. Brant Landfill will pay all reasonable and common expenses and fees for consultants involved in this activity and will hold the Town harmless for those expenses.

ARTICLE IV- PERMITS

This application process with the DEC and Town shall be simultaneous, so that governmental reviews may be coordinated and not sequential.

Brant Landfill must comply with all DEC requirements as well as those imposed by the Town of Brant Garbage, Rubbish, and Refuse Law. The Town agrees to mirror the technical requirements of the Facility as defined by DEC.

BRANT LANDFILL shall pay to the Town the filing fee of $100,000 (one-hundred thousand) within 120 (one hundred twenty) days of the Town Council adopting this Agreement and its Supervisor executing it. During this time, Brant Landfill will conduct hydro-geologic investigations to determine the overall suitability of said site. If the site is determined by Brant Landfill to be unsuitable, for any reason, and Brant Landfill does not continue efforts to secure appropriate NYCRR Part 360 permit Brant Landfill is not liable for said payment. Moreover, will inform the Town of it's intent to pursue or not to pursue said permit.

Brant Landfill further agrees that it will pay all of the Town's reasonable expenses, direct and indirect, to the extent payments for such expenses are required by all SEQRA regulations in connection with Brant Landfill's application for permits.

Provided that Brant Landfill obtains a permit to construct and operate the proposed solid waste management facility from the DEC and the Brant Landfill's application for a permit from the Town complies with the provisions of the Garbage, Rubbish, and Refuse Law of the Town of Brant as adopted on XXXXXXXXXXX, the Town agrees to grant it a permit.

The Town agrees that it will issue to Brant Landfill upon proper and sufficient application therefor, any and all building permits, zoning or other Town permits which my be required and Brant Landfill is in fact in compliance.

ARTICLE V - RENEWAL PERMITS AND CONTRACT RENEWAL

Any solid waste disposal permit issued by the Town, to Brant Landfill shall be subject to renewal at each expiration date of the NYS/DEC facility permit to operate. The town agrees that it shall issue a renewal permit provided that Brant landfill obtains renewal of the DEC permit and that Brant Landfill is in substantial compliance with applicable federal, state and local laws governing the operation of the facility.

lt is understood that Brant Landfill intends to develop the facilities on the Site in stages and that the full development and utilization of the Site will take several years.

ARTICLE VI- Operations

The Town agrees that, upon BRANT LANDFILL obtaining the DEC permit to construct and operate the proposed non-hazardous solid waste management facility and the Town Permit, Brant Landfill shall be allowed to construct the proposed facility and to conduct operations at the Site on the same terms and conditions which may be imposed by the DEC permit. It is specifically understood and agreed that only non-hazardous solid wastes may be accepted for disposal at the Site and that no toxic, hazardous, medical or radioactive waste shall be allowed. Brant Landfill agrees to reimburse the Town for the cost of employing an inspector,under applicable civil service rates and procedures, who will monitor operations, and tonnage received.

Brant Landfill agrees:

ARTICLE VII- ROYALTY FEES

During the term of this Contract Agreement and for so long as this Contract Agreement remains in effect, a royalty fee shall be paid by Brant Landfill to the Town of every ton of waste unloaded, and processed at the Site. The royalty fee schedule shall be as follows:

1-1000Tons per Day$ 2.25
1001-2000Tons per Day$ 2.50
2001-3000Tons per Day$ 2.75
3001-4000Tons per Day$ 3.00
4001-5000Tons per Day$ 3.25

The royalty fee shall be determined by the total daily tonnage, for that day, as multiplied by the per ton rate established above, with a five year adjustment periods based on 50% CPI. Payment shall be made to the Town monthly by the 10th of the following month. Town or its designees have the right to audit on Site all owner/operator records to verify tonnage at reasonable times during regular business hours.

It is the express intent of this Contract Agreement that royalty payments as provided herein shall be made to the Town based on daily tonnage which are landfilled at the Site and, that so long as DEC and Town permits to operate are in effect the Town will receive a minimum of $500,000 (five hundred thousand) per year. This shall become effective when operations at the Facility begin, and be prorated for the applicable fiscal year of the Town.

Said Site and Brant Landfill's proposed development, construction or operations thereon shall not be subject to prohibition or curtailment in the event zoning or other local laws are adopted by the Town at a future date which would otherwise prohibit or curtail the Agreement.

IN WITNESS WHEREOF, the parties have executed* this Contract Agreement as of the day and year first above written.

Samuel Chiavetta
Supervisor Town of Brant

Robert A. Gerhard III
for Brant Landfill LLC



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