HomeMy WebLinkAbout0403_AnsonLF_ApplicIncreaseTonnage_20190305f1m-m1-,w,wm1mm7
Civil & Environmental Consultants, Inc.
February 1, 2019
Donna Wilson, PE
NCDEQ — DWM
1646 Mail Service Center
Raleigh, NC 27699-1646
Dear Donna:
Subject: Anson County Municipal Solid Waste Landfill
Substantial Change to Facility Permit
NCDENR Solid Waste Permit No. 04-03-MSWLF-2010
CEC Project 165-276
Civil & Environmental Consultants, Inc. (CEC) on behalf of Chambers Development of North
Carolina, Inc. submits this request for an increase in the Waste Acceptance Rate at the Anson
County Municipal Solid Waste Landfill in Polkton, North Carolina. In accordance with NCGS
130A-294 (bl), the Request for an increase of daily tonnage acceptance rate from 3,000 tons of
solid waste per day to 6,000 tons per day will require a substantial amendment to the Facility
Permit for the site. In accordance with the requirements of a substantial amendment, the revised
Franchise Agreement and approved Ordinance are attached in the Exhibits.
Please find the enclosed Environmental Assessment for the Request for the Increase in the Waste
Acceptance Rate.
I will call to discuss this tonnage increase request.
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
—t/� 6 U16L ;f—
Nathan Bivins, PE Scott L. Brown, PE
Project Manager Vice President
cc: Nelson Breeden, Waste Connections
Tyler Fitzgerald, Waste Connections
1900 Center Park brie. Suite A I Charlotte, NC 282 17 1 p: 980-237-0373 f: 980- 2 37-03 72 1 www.cecinc.com
ENVIRONMENTAL ASSESSMENT FOR
SUBSTANTIAL AMENDMENT TO FACILITY PERMIT — ALLOWABLE
DAILY TONNAGE INCREASE FOR
ANSON COUNTY MUNICIPAL SOLID WASTE LANDFILL
Prepared for:
WASTE CONNECTIONS OF NORTH CAROLINA, INC.
375 DOZER ROAD, POLKTON, NC 28135
Prepared by:
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
1900 CENTER PARK DRIVE, SUITE A
CHARLOTTE, NC 28217
CEC Project 165-276
February 2019
11A V /i 7/M
Civil & Environmental Consultants, Inc.
1900 Center Park Drive, Suite A I Charlotte, NC 28217 1 p: 980-237-0373 f: 980-237-0372 I www.cecinc.com
TABLE OF CONTENTS
1.0 PROPOSED PROJECT DESCRIPTION.......................................................................1
2.0 PURPOSE AND NEED FOR PROPOSED PROJECT.................................................4
3.0 ALTERNATIVES ANALYSIS.........................................................................................5
4.0 EXISTING ENVIRONMENTAL CHARACTERSITICS OF PROJECT
AREA..................................................................................................................................6
4.1
Topography............................................................................................................. 6
4.2
Soils.........................................................................................................................6
4.3
Land Use................................................................................................................. 6
4.4
Wetlands................................................................................................................. 6
4.5
Prime or Unique Agricultural Lands....................................................................... 7
4.6
Public Lands, Scenic and Recreational Area.......................................................... 7
4.7
Areas of Archeological or Historical Value............................................................ 7
4.8
Air Quality.............................................................................................................. 7
4.9
Noise Levels............................................................................................................ 8
4.10
Water Resources..................................................................................................... 8
4.11
Forest Resources..................................................................................................... 8
4.12
Shellfish or Fish and Their Habitats....................................................................... 8
4.13
Wildife and Natural Vegetation.............................................................................. 9
5.0 MITIGATIVE MEASURES...........................................................................................10
6.0 REFERENCES.................................................................................................................12
7.0 EXHIBITS........................................................................................................................13
8.0 STATE AND FEDERAL PERMITS REQUIRED.......................................................14
Civil & Environmental Consultants, Inc. -i- Anson County Landfill Tonnage Increase EA
February 2019
1.0 PROPOSED PROJECT DESCRIPTION
Project Title: Environmental Assessment for Anson County Municipal Solid
Waste Landfill
Substantial Amendment to Facility Permit — Allowable Daily
Tonnage Increase
NCDEQ Solid Waste Permit No. 04-03-MSWLF-2010
CEC Project 165-276
Responsible State Agency:
Mailing Address:
Phone:
Email:
Mrs. Donna Wilson, P.E.
Permitting Engineer
Solid Waste Section
Division of Waste Management
NCDEQ
217 W. Jones Street
Raleigh, NC 27603
1646 Mail Service Center
Raleigh, NC 27699-1646
(919) 707-8281
donna.wilson@ncdenr.gov
Preparer of Document: Scott L. Brown, P.E.
Vice President
Civil & Environmental Consultants, Inc.
1900 Center Park Drive, Suite A
Charlotte, NC 28217
Phone: (980) 237-0373
Fax: (980) 237-0372
Email: sbrown@cecinc.com
Civil & Environmental Consultants, Inc. -1- Anson County Landfill Tonnage Increase EA
February 2019
The Anson County Municipal Solid Waste (MSW) Landfill (NCDEQ Solid Waste Permit No.
04-03-MSWLF-2010) is an operating landfill located at 375 Dozer Road between Polkton and
Wadesboro on U.S. Route 74, see Figure 1. The site is bounded on the northwest by Brown
Creek, on the east by Pinch Gut Creek, and on the south generally by the CSX railroad. A
U.S.G.S. topographic map was used in the creation of the facility location map included as
Figure 2. The map extends beyond the facility property boundary and displays general
topographic features including the facility and adjacent surface water bodies. The Anson
County Municipal Solid Waste Landfill serves North Carolina and South Carolina. The site is
approximately 1,100 acres in size and operated by Waste Connections of North Carolina,
Inc.
The nature of the business conducted at the Site consists of disposal operations of MSW. In
addition, vehicle and equipment maintenance and fueling in support of landfill and hauling
operations is conducted in the maintenance building (approx. 11,000 sf) at the Site. The site
also contains a truck wash near the maintenance building. An on -site leachate storage
facility stores the leachate generated from the municipal solid waste. A scale house
(approx. 3,500 sf) to weigh collection vehicles and an administration building (approx.
4,000 sf) is located on Dozer Road at the entrance to the site.
The development of the Anson County MSW Landfill will be done incrementally in four (4)
phases with each phase being comprised of smaller cells. The general intent is to construct a
phase incrementally within the landfill when needed. Phases 1-2 of the landfill's four phases are
currently operational. Phase 1 and 2 was permitted to construct by the North Carolina
Department of Environmental Quality (NCDEQ) on June 1, 2000 and are currently receiving
waste. Phases 3 and 4 were permitted in 2018 and Phase 3 has been partially constructed.
The infrastructure to support the landfill has been constructed. This infrastructure includes an
asphalt drive (Dozer Road) for access to the administrative building with a seven space asphalt
parking lot. The other constructed support buildings include a scalehouse, maintenance building
and truckwash. All leachate from the landfill operations are collected and stored onsite in a
leachate storage facility. The leachate storage facility is connected to the local municipal
sanitary sewer system. The landfill cells are constructed and accessed by un-paved roadways.
Civil & Environmental Consultants, Inc. -2- Anson County Landfill Tonnage Increase EA
February 2019
Stormwater conveyance systems and sediment control basins have been constructed to handle
run-off from the developed landfill site.
With each major phase, perimeter berms, access roads, landfill base, leachate management
system, landfill gas management system, stormwater management system, and erosion and
sedimentation control measures will be constructed. Currently, in accordance with the
contractual agreement with Anson County, the landfill can operate at a maximum average waste
acceptance of 3,000 tons of solid waste per day. For an operating factor of 307 days per year,
the yearly disposal rate is estimated to be about 921,000 tons per year. On March 6, 2018, a
revised Franchise Agreement was executed and the local ordinance was passed (See
Exhibits).
Civil & Environmental Consultants, Inc.
-3- Anson County Landfill Tonnage Increase EA
February 2019
2.0 PURPOSE AND NEED FOR PROPOSED PROJECT
This Environmental Assessment has been prepared in support of a request to increase the daily
tonnage acceptance rate from 3,000 tons of solid waste per day to 6,000 tons per day. This
request requires a substantial amendment to the NCDEQ Permit to Operate, which in turn
requires the completion of an Environmental Assessment for the site. It is anticipated that the
increase in the acceptance rate will result in an increase to daily landfill activities and a reduction
to the operational life of the landfill. The increase in the waste acceptance rate has been
requested so that the landfill can continue to adequately serve a growing population in the
service area of the landfill.
Civil & Environmental Consultants, Inc. -4- Anson County Landfill Tonnage Increase EA
February 2019
3.0 ALTERNATIVES ANALYSIS
The alternative to increasing the waste acceptance rate at the Anson County MSW Landfill
would be to increase waste disposal at another operating facility, or to construct a new landfill to
accept the additional waste. Currently, the Anson County MSW Landfill accepts waste from
Anson County and surrounding areas in North Carolina and South Carolina. An increase in
waste disposal at another facility could potentially result in increased travel distances for waste
hauling vehicles. Larger travel distances result in increased vehicle emissions and more frequent
need to service and replace waste hauling vehicles.
Development of a new site in general would require permitting for a new landfill (including
siting and buffer requirements), construction of new infrastructure and buildings, additional
operational staff and equipment, and potential impacts to wildlife and natural areas on the new
site. In addition to the natural and financial resources required for construction of a new site, the
timing of construction may result in an impact to current waste collection and disposal services.
Siting a new landfill typically takes four to six years to plan, permit, purchase property and
construct a new cell.
By utilizing the existing landfill on -site, Anson County can minimize impacts to the human and
natural environment by using existing utility infrastructure (both roadway, sewer and
stormwater), regulatory buffers, and operational personnel and equipment. Increasing the waste
acceptance rate at the existing facility on -site is the only reasonable alternative that still meets
the project's purpose and need.
Civil & Environmental Consultants, Inc. -5- Anson County Landfill Tonnage Increase EA
February 2019
4.0 EXISTING ENVIRONMENTAL CHARACTERISTICS OF PROJECT AREA
4.1 TOPOGRAPHY
The existing site topography includes gently sloping wooded terrain in undeveloped areas of the
site. The constructed landfills generally have 3:1 side slopes and are constructed with access
roads and benches to maintain the landfill slopes after construction. This project will have no
impact on the permitted grading of the site.
4.2 SOILS
The existing soils at the site have been graded to construct landfill cells. Soil export from the
site is not anticipated. This project will have no impact on the permitted soil moving activities
on the site.
4.3 LAND USE
The current land use for the property is a MSW landfill and will continue to operate as permitted
by NCDEQ. This project will have no impact on the permitted land use of the site.
4.4 WETLANDS
According to a wetlands delineation performed by Carolina Wetland Service (CWS) on August,
10, 2016, natural wetlands are located on the project site. Figure 2 depicts the extent of the
wetlands on the site. All stormwater run-off from operating areas of the site is captured and
treated in sediment basins in accordance with active NCDEQ site permits and rules and
regulations for sediment and erosion control. This project will have no impact to the existing
wetlands.
Civil & Environmental Consultants, Inc. -6- Anson County Landfill Tonnage Increase EA
February 2019
4.5 PRIME OR UNIQUE AGRICULTURAL LANDS
The current land use for the property is a MSW landfill and will continue to operate as permitted
by NCDEQ. This project will not result in the development of additional agricultural lands.
4.6 PUBLIC LANDS, SCENIC AND RECREATIONAL AREA
As part of the active NCDEQ Permit to Construct for the landfill, buffers must be maintained
between waste disposal activities and adjacent public parks, churches and public recreation areas.
This project will have no impact on the permitted buffers established for the landfill.
4.7 AREAS OF ARCHEOLOGICAL OR HISTORICAL VALUE
As part of the original NCDEQ Permit to Construct for the landfill, an investigation of
archeological or historically valuable area on the site was performed. This project will have no
impact to areas of archeological or historical value.
4.8 AIR QUALITY
Odors and dust control are regulated through the approved NCDEQ Permit to Operate for the
landfill. In accordance with this permit and NCDEQ solid waste rules, the Permittee shall not
cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess
visible emissions beyond the property boundary. Dust is controlled by site best management
practices including soil and access road wetting with the on -site water truck.
Odors are also regulated in accordance with the approved NCDEQ solid waste permit and rules.
A landfill gas management and control plan for the landfill was approved by NCDEQ as part of
the Permit to Operate. This project is not anticipated to have an effect on overall air quality of
the site, as the site is regulated under the approved Permit to Operate.
Civil & Environmental Consultants, Inc. -7- Anson County Landfill Tonnage Increase EA
February 2019
4.9 NOISE LEVELS
The landfill is buffered from nearby residences. Although this project will increase equipment
and truck activity on the site, the buffers will be maintained in accordance with the approved
Permit to Operate for the site. The landfill typically operates during the week from 6:30 A.M. to
4:00 P.M., and is typically closed on holidays.
4.10 WATER RESOURCES
The approved landfill Permit to Operate requires the collection of leachate from landfilling
activities. The groundwater is protected from contamination through the use of constructed
liners below the waste and collection of the landfill leachate. Leachate is discharged to the
municipal sanitary sewer system. Surface water is protected by existing sediment basins
constructed as part of the NCDEQ Sediment and Erosion Control Permit. This project will have
no impact on the permitted and approved leachate collection system or the constructed surface
water basins. In addition, the landfill is covered under the NCDEQ Division of Water Quality
General Permit No. NCG120000 to discharge stormwater under the national pollutant discharge
elimination system. This project will not affect this permit coverage.
4.11 FOREST RESOURCES
The site is an active MSW landfill. Clearing activities are limited to those required for the
construction of new cells in accordance with the approved Permit to Construct for the site. This
project will not result in impacts to existing forest resources.
4.12 SHELLFISH OR FISH AND THEIR HABITATS
Surface waters adjacent to the operating, permitted landfill are protected by sediment control
basins and periodic stormwater outfall testing in accordance with NCG120000. This project will
not impact surface waters, fish, shellfish or their habitat.
Civil & Environmental Consultants, Inc. -8- Anson County Landfill Tonnage Increase EA
February 2019
4.13 WILDLIFE AND NATURAL VEGETATION
This project will not result in the removal of additional natural vegetation or wildlife habitat,
beyond what has been previously permitted. This project will not impact wildlife and natural
vegetation.
Civil & Environmental Consultants, Inc. -9- Anson County Landfill Tonnage Increase EA
February 2019
5.0 MITIGATIVE MEASURES
This Environmental Assessment has been prepared in support of a request to increase the
allowable daily tonnage acceptance rate from 3,000 tons of solid waste per day to 6,000 tons per
day. This request requires a substantial amendment to the NCDEQ Permit to Operate, which in
turn requires the completion of an Environmental Assessment for the site. The increase in the
allowable tonnage acceptance rate will have no effect on the existing land use, permitted total
waste capacity, the area of the waste footprint, the required infrastructure to adequately operate
the landfill or the final closure and reclamation measures required by the existing Permit to
Operate and other local, State and Federal regulations. Due to the fact that the overall plan for
the landfill development is not changing, there is no expected impact to those existing conditions
discussed in Section 4.0. An increase in the allowable daily tonnage acceptance rate has the
potential to increase the truck traffic to and from the site. An analysis of the potential increase in
truck traffic is discussed in the following paragraphs.
Conservatively, typical waste hauling vehicles have a capacity of approximately 20 tons of
waste, and as a result of the requested increase in the acceptance rate, approximately 150
additional vehicle trips to the landfill are expected on operating days. The NCDOT compiles
traffic data for most roadways in each County on a yearly basis and makes this information
available to the public in the form of a document titled "Annual Average Daily Traffic Map".
The NCDOT 2016 Annual Average Daily Traffic map for Anson County estimates traffic data
on U.S. Route 74 to be 18,000 trips per day. Based on the current traffic data from NCDOT, the
increase in additional truck traffic on U.S. Route 74 resulting from the increase in the waste
acceptance will be approximately 0.8%.
Further, the 2000 Highway Capacity Manual (HCM) provides methodologies for estimating the
level of service and capacity for both uninterrupted and interrupted transportation facilities. For
each facility there are one or more performance measures, or measures of effectiveness (MOEs),
which characterize the user's perception of the operating conditions of that facility. It is critical
to understand at the outset that users, not facilities, experience the travel characterized by levels
of service (LOS) in the 2000 HCM. By implication, there are different levels of service for each
Civil & Environmental Consultants, Inc. -10- Anson County Landfill Tonnage Increase EA
February 2019
user, and indeed even within a travel mode there are different service qualities possible by
approach or direction, as well as by time of day. However, regardless of user mode, approach, or
direction, each LOS represents a range of values for that facility's MOE. This range varies by a
lettering system `A' through `F'. LOS `A' represents a user perception of the MOE as being
excellent, with `F' denoting a breakdown in the facility.
On November 28, 2018, CEC contacted Stan Brock, NCDOT District Engineer for Division 10,
which serves Anson County. According to Mr. Brock, and based on a cursory review of the
roadway, U.S. Route 74 would most likely be classified as LOS "A". At the landfill site, U.S.
Route 74 is a 4-lane, divided highway with dedicated turning lanes for access to Dozer Drive, the
private road which serves only the landfill. As Dozer Road is a private road to the landfill, any
increase in traffic would affect only U.S. Route 74 and no smaller local roads in the area. Based
on the information provided by NCDOT and the expected minimal percentage increase in traffic,
data suggests there will not be an adverse impact to U.S. Route 74 from this project.
Civil & Environmental Consultants, Inc. -11- Anson County Landfill Tonnage Increase EA
February 2019
6.0 REFERENCES
1. NCDEQ Division of Waste Management Solid Waste Section Anson County Landfill Permit
to Construct (NCDEQ Solid Waste Permit No. 04-03 -MSWLF-201 0).
2. NCDEQ Division of Waste Management Solid Waste Section Anson County Landfill Permit
to Operate (NCDEQ Solid Waste Permit No. 04-03-MSWLF-2010).
3. NCDEQ Division of Water Quality General Permit to Discharge Stormwater General Permit
NCG120000.
4. NCDOT 2016 Annual Average Daily Traffic map for Anson County.
Civil & Environmental Consultants, Inc. -12- Anson County Landfill Tonnage Increase EA
February 2019
7.0 EXHIBITS
Figure 1 — Anson County MSW Landfill Vicinity Map
Figure 2 — Anson County MSW Landfill Site Map
NCDOT 2016 Annual Average Daily Traffic map for Anson County
Civil & Environmental Consultants, Inc. -13- Anson County Landfill Tonnage Increase EA
February 2019
8.0 STATE AND FEDERAL PERMITS REQUIRED
1. NCDEQ Division of Waste Management Solid Waste Section Substantial Amendment to the
Permit to Operate.
Civil & Environmental Consultants, Inc. -14- Anson County Landfill Tonnage Increase EA
February 2019
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ANSON COUNTY LANDFILL
Civil & Environmental Consultants, Inc. 375 DOZER ROAD
ANSON COUNTY, NORTH CAROLINA
1900 Center Park Drive - Suite A - Charlotte, NC 28217
Ph: 980.237.0373 • Fax: 980.237.0372 VICINITY MAP
www.cecinc.com
DRAWN BY: CTH I CHECKED BY: NTB I APPROVED BY: SLB I FIGURE NO.:
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1900 Center Park Drive - Suite A - Charlotte, NC 28217
Ph: 980.237.0373 • Fax: 980.237.0372
www.cecinc.com
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2016 AADT
N ANNUAL AVERAGE DAILY TRAFFIC
GENERATED BY THE
TRAFFIC SURVEY GROUP
TRANSPORTATION PLANNING BRANCH
ENLARGED MUNICIPAL AND SUBURBAN AREAS
ANSON COUNTY
NORTH CAROLINA
PREPARED BY THE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
MANAGEMENT SYSTEMS AND ASSESSMENTS UNIT - MAPPING SECTION
IN COOPERATION WITH THE
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
SCALE
1 0 1
MILES
10,000 FOOT GRID BASED ON NORTH CAROLINA PLANE COORDINATE SYSTEM
LAMBERT CONFORMAL CONIC PROJECTION
SHEET 2OF2
DIVISION 10 DISTRICT ANSON COUNTY NORTH CAROLINA 0071
FIFTH SUPPLEMENTAL AGREEMENT
THIS FIFTH SUPPLEMENTAL AGREEMENT (this "Fifib SuuulemenP') is made
effective as March 6, 2018 (the "Effective Date"), by and between ANSON COUNTY, a political
subdivision of the State of North Carolina ("Cora, '), and CHAMBERS DEVELOPMENT OF
NORTH CAROLINA, INC. a North Carolina corporation formerly known as Chambers Waste
Systems pf North Carolina, Inc. ("Chambers').
RECITALS
A. County and Chambers are parties to an Agreement, dated as of June 4, 1991,
concerning the design, construction and operation of a solid waste landfill in County (the
"Agreement');
B. The parties have previously supplemented and modified the terms of the Agreement by
entering into a Supplemental Agreement, dated as of February 26,1997 (the "First Sumnlemental");
C. The parties have also entered into a lease agreement dated as of April 9, 2002 (the
'Smase') to provide sites for five convenience centers at rental rate of $1.00 par year for a I0-year
term ending April 9, 2012;
D. The parties have also supplemented and modified the terms of the Agreement, the First
Supplement, and the tease, by entering into a Second Supplemental Agreement, dated as of July
31, 2008 (the "Second Supplement");
E. The parties have also supplemented the terms of the Agreement, the First Supplement,
and the Lease, the Second Supplement by entering into a Third Supplemental Agreement, dated as
of January 9, 2012 (the "Third Supplement");
F. The parties have also supplemented the terms of the Agreement, the First Supplement,
and the Lease, the Second Supplement and the Third Supplement by entering into a Fourth
Supplemental Agreement dated October 5, 2016 (the "Fourth Suyolement'I
G. The Agreement, the Supplemental Agreement, the Lease Agreement, the Second
Supplement, the Third Supplement and the Fourth Supplement are collectively referred to in this
Fifth Supplemental as the "Existing Agreements' ;
H. Capitalized terns not otherwise defined herein shall have the respective meanings
ascribed to them in the Existing Agreements; and
1. County and Chambers wish to further supplement and modify the Existing Agreements
as set forth in this Fifth Supplement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and obligations as set forth in the Fifth
Supplement and for good and valuable consideration, the receipt and sufficiency of which is hereby
agreed and acknowledged, the parties hereto, for themselves and their successors and assigns,
agree as follows:
Amendment to Section 15 of the Agreement: Section 15 of the Agreement is hereby
amended and restated in its entirety to read as follows:
"15. Amount of Waste Received. Chambers agrees that it will not accept more
than an average of six thousand (6,000) tons per day of Acceptable Waste, as
defined in Paragraph 3 hereof, unless otherwisemutually agreed upon in writing
by both parties. The average tons per day shall be calculated on a quarterly
basis based on the number of days in each quarter."
2. Counterparts. This Fifth Supplemental may be executed in one or more facsimile or
original counterparts, each ofwhich shall be deemed an original and both of which together
shall constitute one and the same inshwnent.
3. Ratification. All terms and provisions of the Existing Agreements not amended hereby,
either expressly orby necessary implication, shall remain in full force and effect. From and
after the date of this Third Supplement, all references to the term "Agreement" in this Third
Supplement and in the Existing Agreement shall include the terns contained in this Third
Supplement.
4. Conflicting Provisions. In the event of any conflict between the terms of the Existing
Agreement and this Fifth Supplement, the terms of this Fifth Supplement shall prevail.
[Renminder of Page Intentionally Left Blank; Signatures Fallow.]
IN WITNESS WHEREOF, the parties hereto have a duly exomted this Fifth
Supplemental Agreement as of the day and year first above written:
ATTEST:
_' 0L . i..._��.
Name: I�CtKsr �.,ar�nor�
ANSON COUNTY
Name: #OVp' N. w-
Title: G\eyy- Title: CwwfE
CHAMBERS DEVELOPMENT OF
NORTH G4ROLINA, INC.
By W
Name: gob wa 1
Title: t,i di 51 ON We"L tf,3644
ORDINANCE GRANTING SANITARY LANDFILL FRANCHISE
WHEREAS, G.S. §153A-136(a)(3) authorizes counties to regulate the disposal and other
disposition of solid wastes by granting franchises to one or more persons for the exclusive right
to commercially dispose of solid wastes within the county; and
WHEREAS, G.S. §130A-294, as amended in 1994, requires that an applicant for a
sanitary landfill permit from the State shall obtain a franchise for the operation of the landfill
from the local government having jurisdiction over the land on which the landfill is to be located;
and
WHEREAS, Anson County has previously entered into an Agreement (the "Agreement")
dated June 4, 1991, with Chambers Development of North Carolina, Inc. ("Chambers")
pertaining to a proposed sanitary landfill to be located in Anson County; and
WHEREAS, pursuant to the Agreement, Chambers has (i) applied for and received from
the North Carolina Department of Environmental Quality (DEQ), a Notice of Site Suitability
dated January 30, 1996 (the "Notice") for a sanitary landfill on a tract of land in Anson County,
and (ii) requested that Anson County grant an exclusive franchise for construction and operation
of the proposed landfill at the site described in the Notice (the "Landfill Site"); and
WHEREAS, the sanitary landfill will be modified to consist of five phases with a total
disposal area of approximately 210 acres.
WHEREAS, the Board of County Commissioners conducted public hearings prior to its
approval of the Agreement in 1991 and subsequent public hearings for each Agreement and has
conducted a further public hearing on November 18, 1996, prior to considering the adoption of
this ordinance and has conducted a further public meeting on November 7, 2017, prior to
considering adoption of this revised ordinance; and
WHEREAS, in response to issues raised during the public hearing, the Board has
requested and received from Chambers written clarifications and assurances concernin
Chambers' obligations with respect to the Landfill; and
WHEREAS, the Board has determined that it is in the best interests of the residents and
businesses of the County that an ordinance be adopted granting a franchise to Chambers for the
construction and operation of a sanitary landfill at the Landfill Site, in accordance with all of the
terms and conditions set forth in the Agreement and this Ordinance;
BE IT, THEREFORE, ORDAINED AS FOLLOWS:
Section One
A. This Ordinance is enacted pursuant to G.S. §153A-136 and §130A-294, to
promote and protect the health, safety and welfare of the people of Anson County; and the Board
finds that the provisions of this ordinance will encourage the establishment of a secure, safe, and
economical system of solid waste disposal in the County, in compliance with all applicable state
and Federal laws and regulations.
B. The Code of Ordinances of Anson County, North Carolina, is hereby amended to
grant Chambers an exclusive franchise (the "Franchise") for the operation of a sanitary landfill at
the Landfill Site upon the terms and conditions set forth in (i) the Agreement, which is
incorporated herein by reference, (ii) any permits issued by DEQ for construction and operation
of the landfill, and (iii) this Ordinance.
C. In the event of any conflict between the terms or conditions in the Agreement and
any permit issued by DEQ, the more restrictive term or condition shall govern.
D. The Franchise shall be for the life -of -site of the Landfill, unless terminated or
extended in accordance with both the Agreement and applicable law.
E. The sanitary landfill shall serve the following populations and geographic areas in
accordance with the following priorities:
1. Residents, commercial businesses, industry, and establishments located in
Anson County, including those located in towns and cities within the County;
2. Residents, commercial businesses, industry, and establishments located in
towns, cities and counties surrounding Anson County; and
3. Residents, commercial businesses, industry, and establishments located in
other towns, cities and counties within North Carolina and South Carolina
with an estimated population of 15.11 million people.
CERTIFICATE OF APPROVAL
This certifies that, following a public hearing duly conducted on November 18, 1996, this
Ordinance was approved at two regular meetings of the Anson County Board of Commissioners,
as follows:
A. At the February 4, 1997, regular session, upon motion of Commissioner Little,
seconded by Commissioner Thacker the foregoing Ordinance passed by the following
vote:
Ayes: 5 Noes: 2
B. At the March 5, 1997, regular session, upon motion of Commissioner Little,
seconded by Commissioner Thacker the foregoing Ordinance passed by the following vote:
Ayes: 5 Noes: 2
This the 5 day of March, 1997.
ANSON COUNTY BOARD OF COMMISSIONERS
Lin
Ross Streater, Chairman
Attest:
Bonnie M. Huntley, Clerk to the Board
Approved as to form:
George C. Bower, Jr., County Attorney
Robert C. Sink, Special Counsel
At the March 6, 2018, regular session, upon motion of Commissioner
seconded by Commissioner SouY 6 ; the foregoing Ordinance passed by the following
vote:
Ayes: I Noes: I
This the 6 day of March 2018.
ANSON COUNTY BOARD OF COMMISSIONERS
By:4�a�a
uz, ,. _
m,Chairman
Attest:
l _ Czx v-
Denise Cannon, Clerk to the Board
A ed a fo .
Scott Forbes, County Attorney
ra,,ro..'
OF