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May 2, 2011 (Work Session) <br />Page 415 <br />1. Greenway will submit to NCDENR the Permit for the Expansion <br />Area of the Current Landfill to include approximately 17 acres <br />with about 1.2 million cubic yards of airspace. <br />2. If NCDENR approves the Permit and recognizes the County as the <br />permit holder, the County and Greenway agree to the following: <br />a. The County will be the permit holder and owner and Greenway <br />will be the operator of the newly permitted C &D Landfill (the <br />"Expansion "). <br />b. The County and Greenway will draft and execute an Operating <br />Agreement. <br />c. Greenway agrees to pay all costs incurred during the Permit <br />approval process. <br />d. Greenway will be responsible for any costs associated with <br />post- closure care of the Current Landfill including, closure <br />costs, groundwater and methane monitoring, stormwater sampling <br />and monitoring, and continual monitoring costs. <br />e. Greenway will save the County approximately $5.4 Million over <br />a 30 -year period in closure costs, continual monitoring costs, <br />continual closure costs, and operating costs. <br />f. The County will be responsible for costs associated with the <br />Current Landfill including, any additional assessment or <br />active groundwater remediation required by NCDENR, any <br />intermediate and closure cover material for operation and <br />closure of the Current Landfill. <br />g. The County will be continue to be responsible for the closed, <br />unlined MSW units at the Current Landfill including any prior <br />or additional groundwater remediation and assessment required <br />by NCDENR. <br />h. Greenway will be responsible for any and all construction, <br />operating, and closure costs and revenue associated with the <br />Expansion. <br />i. Greenway agrees to hire specific landfill personnel as <br />specified and agreed upon by the County and Greenway. <br />j. Greenway agrees to operate the Expansion under Cabarrus <br />County's financial assurance responsibilities. <br />k. Greenway will construct and operate a Class III Compost <br />Facility (the "Compost Facility ") on the property that will <br />accept and recycle food waste and yard debris from the City of <br />Concord, Cabarrus County and its adjacent Counties to enhance <br />the County's Sustainability Programs. <br />1. The County will enact ordinances, rules & regulations, and <br />assist to divert food waste and yard debris to the Compost <br />Facility, including, requiring all County and City owned <br />facilities to recycle all food waste and yard debris. <br />3. If NCDENR does not approve the Permit or does not allow the <br />County to be recognized as the Permit holder or does not allow <br />Greenway to operate under the same financial assurance <br />responsibilities as set forth for the County, then the parties <br />agree to the following: <br />a. The County and Greenway agree to equally share in all costs <br />incurred during the approval process. In addition, the County <br />agrees to pay Greenway a negotiable fee to close the Landfill. <br />b. The County and Greenway mutually agree to terminate this <br />Agreement. <br />4. Senior Geologist, Mr. Ron Gilkerson will be the lead contact <br />for Greenway and Sustainability Manager, Mr. Kevin Grant will <br />be the County's main contact. <br />The County and Greenway indicate agreement with this MOU by their <br />signatures. <br />Following the presentation, Mr. Grant and Mr. Gilkerson responded to <br />questions from the Board related to: profitability, potential liability <br />issues, host fees, approval from N.C. Dept. of Environment and National <br />Resources is required, residential fees (not anticipated to increase), etc. <br />Commissioner Measmer addressed compliance issues related to the <br />construction of a berm at the Highway 49 Construction and Demolition <br />