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May 16, 2011 (Regular Meeting) <br />Page 434 <br />WHEREAS, the County is the permit holder, owner, and operator of <br />the Current Landfill and the County is losing money on the <br />operation; <br />WHEREAS, the County desires a solution to keep the Current <br />Landfill open while not being responsible for operations, <br />monitoring, and closure; <br />WHEREAS, Greenway is the owner and operator of five construction <br />& demolition (C &D) landfills throughout the Carolina's, one <br />gypsum wallboard /sheetrock recycling operation, and one large <br />scale indoor C &D recycle center; <br />WHEREAS, the County and Greenway desire to enter into a <br />public /private partnership to arrive at a creative solution for <br />the Current Landfill and to enhance the County's sustainability <br />programs; <br />WHEREAS, Greenway desires to submit to NCDENR a permit <br />application for an un -lined expansion of the Current Landfill and <br />to construct and operate a Class III Compost Facility; <br />WHEREAS, Greenway desires to enter into an Operating Agreement <br />with the County if and only if NCDENR accepts and approves <br />Greenway and County's permit application (the "Permit ") for an <br />un -lined expansion of the Current Landfill (the "Expansion Area ") <br />and agrees to maintain the County as the permit holder; and <br />NOW THEREFORE, the County and Greenway agree to establish the <br />parameters around the partnership, and to clearly define the <br />roles and responsibilities of both parties. Both the County and <br />Greenway mutually agree to the following: <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 />