HomeMy WebLinkAbout2002_ROSCANS_1995State of North Ca, olina
Department of Environment,
Health and Natural Resources • a
Division of Solid Waste Management
James B. Hunt, Governor p E H [*NJ F1
Jonathan B, Howes, Secretary
William L. Meyer, Director
October 13, 1995
Wendell Parker, PhD.
GAI Consultants -NC, Inc.
3812-H Tarheel Drive
Raleigh, N.C. 27609
RE: Addendum B To Revised Site Hydrogeologic Report For The
Proposed Cherokee County Landfill
Dear Dr. Parker,
There are still a few items in the Addendum B Report that need
further clarification. Please address the following comments:
(13) (B)
Although the response to this comment was generally adequate, it
should be made clear that there are no critical receptors (drinking
water wells) between the proposed MSWLF units and the discharge
features (Valley River and its tributaries). Therefore it is
unlikely that a release from the facility would have a significant
adverse affect on.ground-water receptors. Discussion was provided
regarding surface water receptors.
(13) (C)
The intent of this rule is to establish the suitability of the site
for solid waste management activities based upon the hydrogeologic
characteristics of the site. Also based upon the hydrogeological
characteristics of the site, discussion should be provided as to
which parts of the proposed facility are (most) suitable for fill
activities. For example, overall a site may be suitable for
landfilling, however fill activities would not be possible in areas
of streams, wetlands, floodplains, unstable areas, or areas that
could not be effectively monitored. This would eliminate certain
portions of a proposed facility. Of the portions of a site where
solid waste management activities could be permitted, some areas
may be more suitable for landfilling than others due to depth to
rock, depth to ground water, or other hydrogeologic factors.
Therefore some parts of a facility may be more suitable than others
for fill activities. This type of evaluation and discussion needs
to be provided for the proposed Cherokee County facility.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4996 FAX 919-715-3605
An Equal Opportunity Affirmative Action Employer 1 50% recycled/ 10% post -consumer paper
Cherokee Site Study
Page 2
(13) (D)
The intent of this rule is to establish that based upon the
hydrogeologic characteristics of the site it is possible to
effective monitor ground -water quality. For example, for sites
having a saprolite aquifer where it is possible to define the
direction and rate of flow and develop a fairly good understanding
of the ground -water flow paths of the uppermost aquifer, then
properly located and designed monitoring wells should be capable of
providing an effective monitoring system. This may not be possible
in other hydrogeologic regimes, such as karst terrain or a purely
fractured bedrock aquifer. The hydrogeologic characteristics of
each site are different. Some sites are more easily monitored than
others. Some sites may require alternative monitoring systems
other than monitoring wells. This type of evaluation and
discussion needs to be provided for the Cherokee County site.
Table 3-1 Default Values For Effective Porosity:
There has been on prior reference indicating this table is endorsed
by EPA. Nor has any documentation been provided indicating this
table is endorsed by EPA. If it is, are the default values
referenced in a context such that they are representative of
glacial till soils only, or are they referenced in a wider context
of being representative of soils having the various soil
classifications regardless of geologic setting? Please show me
this reference source so we can resolve this issue.
Ground -water Velocity Data For Lithologic Units I And II:
The intent of Rules .1623(a) and .1631(c)(2) is to develop a good
understanding of the hydrogeologic characteristics of the uppermost
aquifer so as to effectively design the landfill, design an
effective water quality monitoring system, and in the event of a
release to be able to predict the direction and rate of flow and
how the contaminant plume will migrate. Both of these rule
references require developing an understanding of the hydraulic
characteristics of the various lithologic units. This includes the
units of the unsaturated zone, since in the event of a contaminant
release these zones could become saturated. Or in the case of the
Cherokee County site, the seasonal high water table elevations
indicate saturated conditions do occur in both Units I and II
during certain seasons of the year. Gradients can be estimated
based upon likely situations where conditions could become
saturated, and ground -water velocities can then be calculated.
Dr. Wendell Parker
Cherokee Site Study
Page 3
Please provide additional responses to these comments as soon as
possible so the Solid Waste Section can complete the technical
review of the Cherokee County Site Study. If you have any
questions about this letter, you may contact me a (919) 733-0692,
extension 258.
Sincerely,
9417 V<+
Bobby Lutfy
Hydrogeologist
Solid Waste Section
CC: Bill Sessoms, Solid Waste Section
J`�n Pa_ttersari' SWS - Asheville
Richard Honeycutt, Cherokee County Manager
Jimmy Woodie, Municipal Engineering Services
=ENT B`i': E3- 'L-'='5 04: 52F11 #
MUCH TURMOIL jXISTS IN OUR COMMUNITY ABOUT THE FUTURE OF SOLID
WASTE AND WHERE THE NEW LANDFILL, IF CONSTRUCTED, WILL BE LOCATED.
WE SUBMIT TO YOU THAT IF CHEROKEE COUNTY BUILDS A LANDFILL
ANYWHERE, IT SHOULD BE AT THE PROPOSED LOCATION ON THE WEST
PROPERTY. OUR DECISIONS MUST BE MADE WITH THE INTERESTS OF THE
WHOLE COUNTY IN MIND AND AT HEART. ANY LOCATION IN CHEROKEE COUNT'
WILL GENERATE PUBLIC OUTCRY IF SELECTED AS A LANDFILL SITE! NO
MATTERWHERE WE SAY A LANDFILL SHOULD BE BUILT SOMEONE WILL FIND
FAULT WITH THE SITE SELECTED!
WE HAVE SPENT MUCH TIME AND EFFORT LOOKING AT ALL POSSIBLE
ALTERNATIVES TO THE CONSTRUCTION OF A LANDFILL FOR CHEROKEE COUNTY.
WE SHALL EXAMINE EACH OF THESE ALTERNATIVES AND GIVE YOU A BRIEF
DESCRIPTION OF THE CRITERIA AND COSTS THAT WE HAVE IDENTIFIED WITH
EACH ALTERNATIVE. THESE ALTERNATIVES ARE PRESENTED IN NO
PARTICULAR ORDER, SIMPLY THE ORDER THAT WE ARRANGED THE WORK PAPERS
WHEN WRITING THIS REPORT.
ALTERNATIVE NUMBER 1
CONTRACT HAULING OUT OF COUNTY
THE PROPOSAL DF HAULING THE SOLID WASTE OUT OF THE COUNTY TO A
PRIVATE LANDFILL HAS BEEN EXAMINED. THE BEST PRICE THAT WE HAVE
COME UP WITH IS CURRENTLY $26.10 PER TON THROUGH THE GATE AT
BALLGROUND, G ORGIA AT A LANDFILL RUN BY SANIFILL, INC., A SUB-
TITLE D LAND ILL AS REPRESENTED BY THE OWNERS, HAS SPACE FOR
ANOTHER TWENT (20) YEARS OF OPERATION ON THE PRESENTLY ENGINEERED
SITE, WITH MO E LAND AVAILABLE FOR USE THAT IS ALREADY OWNED BY THE
COMPANY BUT N T YET PERMITTED. SANIFILL HAS ESTIMATED THAT THEY
WOULD HAUL TH WASTE FOR CHEROKEE COUNTY FOR APPROXIMATELY $15.00
PER TON BRING NG THE TOTAL COST TO $41.10 PER TON. CHEROKEE COUNTY
PRESENTLY LES FIFTY (50) TONS PER DAY, SEVEN DAYS PER WEEK OR
18,250 TONS P R YEAR. THIS WOULD COST CHEROKEE COUNTY $750,075.00
PER YEAR. C EROKEE COUNTY WOULD CONTINUE TO HAVE TO HANDLE THE
GREENBOXES AND COLLECTION DUTIES AT ADDITIONAL COSTS OF $600,000.00
PER YEAR. IN ORDER TO CONTRACT HAUL, WE WOULD HAVE TO CONSTRUCT A
TRANSFER STATION THAT IS ESTIMATED TO COST ANOTHER $100,000.00 TO
CONSTRUCT.
CHEROKEE COUN Y WOULD ALSO HAVE TO CONSTRUCT A DEMOLITION LANDFILL
WHERE BUILDING DEBRIS COULD BE PLACED. THIS TYPE OF DEBRIS IS THE
WOOD, SHINGLES), CONCRETE, ASPHALT, ETC., THAT IS LEFT OVER DURING
THE REMOVAL CF OLD BUILDINGS AND PARKING LOTS AND IN REMODELING
PROJECTS.
-EHT B', : n3- -9E n : 5^FY 1 � 14
WE ESTIMATE THAT WE WOULD NEED A TWENTY ACRE SITE FOR THIS TYPE OF
OPERATION WITH NECESSARY EQUIPMENT. COVERING WOULD BE REQUIRED BUT
NOT ON A DAILY BASIS AS IS NOW THE CASE. WE WOULD STILL HAVE TO
TAKE CARE OF THE OLD TIRES AND THE OLD WHITE GOODS (APPLIANCES).
ANOTHER POINT WITH TRANSFER STATIONS IS THAT THE "JUICE" THAT RUNS
BY SOME MEANS
TRUCK.
1995-95
1996-97
1997-98
1998-99
1999-2000
2000-2001
2001-2002
2002 -2 003
2003-2004
2004-2005
REPLACEMENTS:
1996
TRUC
1999
TRUC
2001
TRUC
2004
TRUC
TRANSFER STATI
DEMOLITION LA
20 ACRES
* ASSUMPTION 0
3.2%; CPI AND
TONNAGE FOR
TO PAY FOR BOTE
BOTH THE CURRE
COMMERCIAL HAUI
SOME $.14 PER
FROM THE CURRET
A SEWAGE TREATMENT PLANT EITHER BY PIPE LINE OR BY
3.2% PER YEAR CPI
ILL
$11,000
CONSTANT
CONSTANT
ISPOSAL
DISPOSAL
COSTS
OPERATIONS
TOTAL
$750,075
$ 692,875
$1,442,950
774,077
734,450
1,508,527
798,847
778,500
1,577,347
824,410
825,200
1,649,610
850,791
874,700
1,725,491
878,016
927,200
1,805,216
906,112
982,850
1,888,962
935,107
1,041,820
1,976,927
965,030
1,104,300
2,069,330
995,910
1,170,500
2,166,410
150,000
175,000
200,000
225,000
100,000
220,000
13mimmumme
OPERATIONS, CHEROKEE COUNTY WOULD HAVE TO DOUBLE
T $35.00 LANDFILL FEE AND THE TIPPING FEES FOR
;RS FROM $36.00 PER TON TO $72.00 OR INCREASE TAXES
UNDRED MAKING THE TAX RATE APPROXIMATELY $.61 UP
$.47.
SENT BY:
0 —95 04:54FFe1
a
H 4
ALTERNATIVE NUMBER 2
CONSTRUCTION OF A LANDFILL
IN LOOKING
WE SHOULD
AT THE
LOOK
L051'6 Ur nulLLlliVV ti l�L•• ��•.Ly---, _
AT A TEN (10) YEAR COST STUDY SO THAT
THERE ARE NO
SURPRISES.
WE
MUST FACTOR IN THE COST OF THE LAND,
THE INTEREST
COSTS FOR
THE
LAND PURCHASE, THE CONSTRUCTION COSTS
OF THE LINED
CELLS, THE DESIGN
COSTS AS WELL AS THE OPERATION COSTS AND
EQUIPMENT
REPL
CEMENT COSTS OVER THE ENTIRE TEN (10)
YEAR PERIOD.
THESE COSTS AR� AS FOLLOWS:
11 ACRES
OF CELL @ $350,000 PER ACRE
$3,850,000
DESIGN/Q
/QC
175,000
LAND COST
850,000
INTEREST
ON LAND
360,208
1995-96 CPERATIONS
692,875
1996-97
734,450
778,500
1997-98
„
825,200
1998-99
"
874,700
1999-200C
927,200
2000-01
982,850
2001-02
1,041,820
2002-03
1,104,300
2003-04
"
1,170,500
2004-05
647,530
EQUIPMEN
(DOZER,
RACKED LOADER AND FINANCING)
1996 CO
ACTOR TRUCK REPLACEMENT
150,000
175,000
1999 CO
ACTOR TRUCK REPLACEMENT
2001 CO ACTOR TRUCK REPLACEMENT 200,000
2004 CO ACTOR TRUCK REPLACEMENT 225,000
$15,765,133
THIS ALTERNAT VE WOULD ALSO CAUSE THE LANDFILL CHARGES TO DOUBLE OR
A TAX INCREAS OF SOME $.12 TO $.16 IF THE LANDFILL FEES WERE NOT
INCREASED.
EITHER ALTERNATIVE NUMBER 1 OR 2 WOULD CAUSE A SUBSTANTIAL INCREASE
IN FEES OR TAXES OR BOTH. I PERSONALLY SUPPORT THE IDEA OF THE
USERS OF THE YSTEM PAYING FOR THE COSTS. WE HAVE LAND OWNERS, WHO
BECAUSE OF THEIR LAND HOLDINGS WOULD PAY A LARGE AMOUNT OF LANDFILL
SEIIT BY: l]'- -95 04:55FI1 k# c
FEES IF WE USED
THE LANDFILL S
CHEROKEE COUNTY
LANDFILL SERVIC
THE ARGUMENT CA
SCHOOL SYSTEM W1
MAY WELL BE THE
FUNCTION, SOLID
STARR ENTERPRI;
ESTABLISH MANNE
AND ESTABLISH 1
LEASE THE CURRE
GOODS AREA AS W1
FUNCTIONING. 'I
AT LEAST ANOTHE
BY STARR ENTERP
PER POUND OF c
STANDARDS THIS
AVERAGE $144.5
ON THE 2.2 POL
RECYCLABLE MAT
CONVENIENCE CEN
AND TAKEN AT r
CAROLINA COLLEC
AND DISTRIBUTES
AGREED TO ACCE3
FURTHER CHARGE'S
TO CONTINUE TH:
SCRAP TIRE REMC
COMMERCIAL USE
FOR SOLID WASZ
WHAT CHEROKEE
I OR 2.
THE PROPERTY TAX SYSTEM WHILE USING VERY LITTLE OF
.'STEM. WE HAVE PEOPLE WHO DO NOT LIVE HERE IN
BUT WHO OWN LARGE TRACTS OF LAND THAT WOULD PAY FOR
3S THEY WOULD NEVER USE.
d BE MADE THAT THESJ; SAME ehVeii l-UlNlm-Lmuln ill "'
ILE NOT HAVING A CHILD IN SCHOOL HERE EITHER. THIS
CASE, BUT SCHOOLS HAVE ALWAYS BEEN A GOVERNMENTAL
WASTE HAS NOT.
ALTERNATIVE NUMBER 3
CONTRACTED SERVICES
;ES HAS MADE A PROPOSAL TO CHEROKEE COUNTY TO
D CONVENIENCE CENTERS, CONSTRUCT A TRANSFER STATION,
WHITE GOODS SYSTEM. THEY HAVE ALSO PROPOSED TO
VT LANDFILL AREA FOR THE TRANSFER STATION AND WHITE
sLL AS MONITORING AND KEEPING THE METHANE GAS SYSTEM
HIS METHANE GAS SYSTEM WILL REQUIRE MONITORING FOR
R TWENTY—FIVE (25) YEARS. THE PROPOSAL AS SET OUT
RISES WOULD CHARGE THE PEOPLE USING THE SYSTEM $.09
OLID WASTE DISPOSED OF. USING CURRENT INDUSTRY
WOULD MEAN THAT A FAMILY OF TWO ( 2 ) WOULD PAY ON
4 PER YEAR FOR SOLID WASTE DISPOSAL. THIS IS BASED
NDS OF SOLID WASTE GENERATE PER PERSON PER DAY.
ERIALS WOULD BE ACCEPTED AT NO CHARGE BY THE
TERS. WHITE GOODS WOULD BE BROUGHT TO THE LANDFILL
0 CHARGE TO THE INDIVIDUAL. THE STATE OF NORTH
TS A WHITE GOODS DISPOSAL TAX ON ALL NEW APPLIANCES
THE PROCEEDS TO EACH COUNTY. STARR ENTERPRISES HAS
IT THIS MONEY FOR WHITE GOODS DISPOSAL AND MAKE NO
TO THE COUNTY. STARR ENTERPRISES HAS ALSO AGREED
CONTRACT CHEROKEE COUNTY HAS WITH U.S. TIRE FOR
,VAL .
WOULD PAY SOMEWHERE IN THE RANGE OF $41.00 PER TON
SERVICES TO STARR ENTERPRISES, SOMEWHAT LESS THAN
JNTY WOULD HAVE TO CHARGE UNDER EITHER ALTERNATIVE
THE MANAGEMENT AT SANIFILL HAS WRITTEN THAT THEY WILL ACCEPT ANY
TYPE OF SOLID vrASTR EXCEPT THE FOLLOWING:
1. REGUIATED HAZARDOUS WASTE
2. RED BAG MEDICAL WASTE
3. LIQUID WASTE
THIS MEANS THAT BUILDING WASTE MATERIALS AND OTHER DEMOLITION
MATERIALS COULD BE ACCEPTED BY STARR ENTERPRISES FOR DISPOSAL AT
THE SANIFILL SITE.
'=.EI 1T BY:
0�3-22-95 04:55PIl1
H F,
RESIDENTIl
COMMERCIA]
COSTING STARR'S PROPOSAL
- $.09 PER POUND
- $41.00 PER TON
50 TONS PVR DAY
GREENBOXE� ARE RESIDENTIAL
BALANCE C MMERCIAL
31 DAYS 1,550 TONS
GREENBOXES 759 TONS
COMMERCIAL 791 TONS
RESIDENTIAL - 759 X 2000 @ $-09
COMMERCIAL - 791 @ $41.00/TON
YEARLY COST
YEARLY RESIDE TIAL COSTS
YEARLY COMMER IAL COSTS
1995-96
1996-97
1997-98
1998-99
1999-200
2000-200
2001-200
2002-200
2003-200
2004-200
3.2% CPI
TOTAL 10 YEARS
$136,620.00
32 431.00
$169,051.00
$2,028,612.00
$1,639,440.00
389 172.00
$2,028,612.00
$2,028,612.00
2,093,527.00
2,160,519.00
2,229,655.00
2,301,000.00
2,374,632.00
2,450,620.00
2,529,039.00
2,609,968.00
2,693,486.00
$23,471,058.00
THIS SYSTEM WOULD NOT COST CHEROKEE COUNTY ANY DIRECT CHARGES. THE
CHARGES FOR WHITE GOODS AND SCRAP TIRES WOULD BE OFFSET BY STATE
FUNDING FOR THESE TWO TYPES OF MATERIALS. THE USERS OF THE SYSTEM
WOULD PAY ALL CHARGE ONCTHEEAMOUNTIOFSWASTE DOSPOSEDSO ENCOURAGE
RECYCLING TO CUT DO
THIS SYSTEM
AND THE ESTA
VIGOROUS ENI
ILLEGAL DUMP
BUT THE PROB]
OF THE COURT
IOULD FOR A TIME BE LIKELY TO CAUSE ROADSIDE DUMPING
3LISHMENT OF "LOCAL DUMPS". THIS CAN BE REVERSED BY
ORCEMENT OF LITTERING LAWS AND PROSECUTION OF ALL
> AND
"DUMPERS".
WILL EVENTUALLY REVERSE ITSMONTHS
WITH THE COOPERATION
EM
SYSTEM.
3EIAT BY:
0 -22-95 04:57PH
a
kt
WE FEEL THAT ST.
AT THE SITES.
THE SITE. THI:
THE AMOUNT OWE'
MAKE SURE THAT
WOULD BE SOMEWE
LRR'S PROPOSAL WOULD BE CUMBERSOME WITH A BOTTLENECK
FHE PROPOSAL WAS FOR ONE ATTENDANT TO BE PRESENT AT
ATTENDANT WOULD HAVE TO WEIGH EACH BAG, CALCULATE
i, MAKE CHANGE, AND CHECK THE RECYCLEABLES BAGS TO
NO GARBAGE WAS PRESENT IN THE RECYCLING BAG. THIS
r.nr_T_r_n_MvTTS_F_. RACKUP AND TRAFFIC
JAMS AT THE M RE HEAVILY
HELP THE SITU TION, BUT
SYSTEM FOR THE "ROADSIDE
7ULY111Nk7 tuu."
TS USED SITES. MULTIPLEOULD BYTTENDANPASS COULD
IT IS FELT THAT MANY W
DUMP" BECAUSE OF THE TIME INVOLVED.
Y COST CHEROKEE
WHILE HE CITIZENS OSAL OULD NOT AND BUSINESSES SOMEWHAT COUNTY,
SOMEWHAT MORE THAN
COST TEITHER
WOULD COST
ALTERNATIVE NUMBERS 1 OR 2.
ALTERNATIVE NUMBER 4
REGIONAL INCINERATION
SINCE JACKSON COUNTY HAS JOINED THE CAST OF COUNTIES LOOKING ABOUT
FOR AN ANSWE TO THE SOLID WASTE DILEMMA SEVERAL INTERESTED
INDIVIDUALS HAVE BEEN SEARCHING FOR ALTERNATIVES TO LANDFILL
CONSTRUCTION. ONE IDEA THAT HAS SURFACED AND HAS MERIT IS THE
ENCAPSULATED INCINERATOR. THIS SYTEM IS CURRENTLY BEING
CONSTRUCTED IN
NEW
TECHNOLOGIESMEICO ON INDIAN AND NEW RESERVATION.
ON HOW TO MAKE THE
MIXTURE OF CURRENT
INCINERATION OF SOLID WASTE SOMEWHAT LESS EXPENSIVE.
THIS SYSTEM USES A SYSTEM WHICH MOST ANYTHING CAN BE SHREDDED AND
PLACED IN MAGAZINES FOR LOADING INTO THE
GAS ORINCINERATOUEL OIL R.
THE THE
INCINERATOR I STARTED BY NATURAL GAS,
OPERATING TE ERATURE IS REACHED AND THEN THE SHREDDED MATERIAL IS
LOADED INTO THE BURNING CHAMBER. COMBUSTION IS VERY COMPLETE WITH
A RESIDUE OF OUT 8% TO 15%, DEPENDING ON MATERIALS BURNED. THE
UNIQUE PART O THIS SYSTEM IS THAT THE "ASH" IS BENIGN AND IS USED
IN MAKING BUILDING STONE, MUCH LIKE CINDER BLOCKS. COUPLED TO THIS
INCINERATOR ES TZ,LEAST GENERATE (ELECTRICITY GENERATING FOR SALE PLANTS TO UBLIDC
ELECTRIC TUR INE
UTILITIES.
THE SALE OF ELECTRIC POWER AND USE OF THE "ASH" IN BUILDING BLOCKS
LEAVES ONLY OUBEFDISPOHS DROP EVERY EIGHTS(8) OTTENALIO)RDAYSHE
SMOKE STACKS O
NOW BEFORE E ERYONE GETS TOO EXCITED ABOUT THIS SYSTEM, LETS LOOK
AT THE PRIC - $30,000,000.00. THAT'S RIGHT, THIRTY MILLION
DOLLARS!
THIS PROJECT 9OULD REQUIRE MULTI -COUNTY COOPERATION AND FUNDING AND
COORDINATION OF WASTE
STREAMS TO CONT NU INSURE THE ABILITY TO PROVIDE
ELECTRIC POWER
IS -
EACH ALTERNA IVE HAS GOOD POINTS AND BAD POINTS. SOME ARE MORE
EXPENSIVE T AN HEDCOOPERATION. SOME HAVE PROBLEMS E MAIN POINT HERE REQUIRING STOSHOW MUCH
CONTRACT WOR
-,EIIT BY': M-22-gE 04:58FN ? t# 8
WE HAVE EXAMI ED EACH AND EVERY ISSUE AND FEASIBLE ALTERNATIVE
AVAILABLE TO U THAT IS ALLOWED BY LAW.
COMPOSTING HAS NOT BEEN CONSIDERED HERE BECAUSE THE INDUSTRY AS WE
KNOW IT TODAY fEQUIRES SOMEWHERE AROUND TWO HUNDRED ^(200)�TONS TOF
MUNICIPAL SLUDGE TO START THE PROCESS. THERE DOES NOT EXIST AT
THIS TIME A FE SIBLE MARKET FOR THE END MATERIAL.
WITH ALTERNATIVE NUMBERS 1 AND 3 WE HAVE TO DECIDE IF WE HAVE
ENOUGH ASSURAITCES THAT THE MANAGEMENT OF THE LANDFILLS WILL
CONTINUE TO OPERATE THE SITES WITHIN THE BOUNDS OF THE LAW. WE
HAVE SEEN THE EPA VOID HOLD HARMLESS AGREEMENTS AND PASS CLEANUP
COSTS ALONG 10 THOSE THAT SENT MATERIALS TO THE LANDFILLS,
REGARDLESS OF ANY CONTRACTS OR EVEN THE AMOUNTS OF MATERIALS SENT.
WE MAY HAVE SE4T ONLY 3915 OF THE WASTE STREAM AND YET BE ASSESSED
20W OF THE CLEIMP COSTS. THESE ISSUES MUST BE CAREFULLY EXAMINED
AND COURT CASE REVIEWED TO DETERMINE HOW TO SHIELD CHEROKEE COUNTY
FROM EXTREME LIABILITY. IT MAY BE POSSIBLE TO PURCHASE SPECIAL
INSURANCE OR RAVE THE LANDFILLS PURCHASE SPECIAL INSURANCE COVERAGE
AVAILABLE TO LIMIT OUR EXPOSURE.
ON FEBRUARY 2 1995, CHEROKEE COUNTY COMMISSIONERS AND STAFF
REVIEWED A SYSTEM TO REDUCE AIR EMMISSIONS FROM SMOKE STACKS. THIS
TECHNOLOGY HAS AN APPLICATION IF CHEROKEE COUNTY DECIDES TO UTILIZE
AN INCINERATOR. INCINERATION AS WE NOW KNOW IT HAS A REDUCTION
RATE OF ABOUT THREE TO ONE. THIS MEANS THAT THREE TONS OF WASTE
WILL BE REDUCE TO ONE TON OF ASH. THE IMPORTANT THING TO REMEMBER
NOW IS THAT IN JUNE OF 1994 THE UNITED STATES SUPREME COURT ISSUED
A DECISION T T ASH FROM A MUNICIPAL WASTE INCINERATOR MUST BE
CHEROKEE COUN Y AT THE PRESENT TIME PRODUCES FIFTY (50) TONS OF
SOLID WASTE P DAY! THIS IS SEVEN DAYS PER WEEK OR 18,250 TONS
PER YEAR!
IF FORTY (40) ER CENT OF THIS WASTE STREAM IS OF THE TYPE THAT CAN
BE INCINERATED, THEN WE MUST BUILD FOR TWENTY (20) TONS PER DAY OF
INCINERATION WITH A CORRESPONDING ASH VOLUME OF 6.6 TONS PER DAY.
CURRENT RATES AT THE BARNWELL, SOUTH CAROLINA SITE ARE $300.00 PER
TON DELIVERED. THIS MEANS THAT WE WOULD INCUR DISPOSAL COSTS OF
$1,980.00 PER DAY NOT INCLUDING TRANSPORTATION COSTS. THIS WOULD
AMOUNT TO $722,700.00 PER YEAR IN ASH DISPOSAL COSTS WITHOUT
CONSIDERING THE TRANSPORTATION COSTS.
THERE ARE SEVERAL INCINERATORS IN USE THROUGHOUT THE UNITED STATES.
THESE INSTALLATIONS ARE MOST ALWAYS SITED IN LOCALITIES THAT
PRODUCE 250 To 300 TONS OF SOLID WASTE PER DAY. WE IN CHEROKEE
COUNTY ARE NO AT THAT POINT. ANYTIME AN INCINERATOR IS BEING
CONSIDERED, W MUST REMEMBER THAT ALL SYSTEMS THAT RELY ON
COMBUSTION MU T HAVE A SMOKE STACK. INDUSTRIES HAVE INVESTED
BILLIONS OF DO LARS IN CLEANING UP THE SMOKE STACK EMMISSIONS FROM
EVERYTHING FR THE IRON AND STEEL INDUSTRY TO POWER PLANTS. THE
SEIIT B`r': v13-22-95 05:00Pm # 'p
SYSTEM THAT W DEMONSTRATED ON FEBRUARY 25, 1995 WOULD BE USEFUL
AFTER THE CONSTRUCTION OF NORMAL STACK SCRUBBERS AND EMMIS I N
CONTROLS. SUCH A SYSTEM AS WAS DEMONSTRATED CANNOT BE USED WITHOUT
NORMAL CONTROLS AND SCRUBBERS.
REDUCTION THAT
THE UNIT IN AI
COSTLIER TO COP
HIGHER OPERATI]
THE HIGH TEMPE.
1THE"UNIT DESCRIBED IN ALTERNATIVE NUMBER 4 DOES.
rERNATIVE NUMBER 4 IS MUCH MORE ADVANCED AND MUCH
STRUCT THAN A CONVENTIONAL INCINERATOR AND HAS MUCH
IG COSTS THAN NORMAL DUE TO THE FUEL USED TO ATTAIN
ATURES NEEDED BY THE SYSTEM,
CONVENTIONAL INCINERATOR
$38/TON 20 TONS DAY
7 DAYS / WEEK
30 TONS STILL HAVE TO DO
SOMETHING WITH
DISPOSAL 2,555 @ $300 BARNWELL, SC
TRANSPORTATION $15/TON ESTIMATED
OPERATI
30 TONS/DAY/36
1995-96
1996-97
1997-98
1998-99
1999-200(
2000-2001
2001-200,'
2002-200-
2003-200�
2004-200'_
WITH CONVENTI(
BE REQUIRED.
LINED LANDFIL
OUTSIDE CHERC
SOMEWHAT MORE
10,950 @ 41.10
$ 277,400
766,500
38,325
$ 1,038,225
692,875
$ 1,731,100
450,045
$ 2,181,145
$ 2,181,145
2,250,941
21322,971
2,397,306
2,474,019
2,553,187
2,634,889
2,719,205
2,806,219
2 896,018_
$25,235,900
)NAL INCINERATION, LANDFILLNG OF SOME MATERIALS WILL
THIS MEANS THAT WE WOULD STILL HAVE TO CONSTRUCT A
OR CONTRACT FOR HAULING TO A COMMERCIAL LANDFILL
KEE COUNTY. THIS SYSTEM WOULD ALSO PROVE TO BE
EXPENSIVE THAN ALTERNATIVES 1, 2 OR 3.
State of North Cal ..,na
Department of Environment,
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Jr., Governor y p E H N F1
Jonathan B. Howes, Secretor
William L, Meyer, Director
January 30, 1995
Paul Jordan
Director
Tri-County Solid Waste Management Authority
115 Peachtree Street
Suite 103
Murphy, North Carolina 28906
Re: Proposed Tri-County MSWLF
Site Study Review
Mr. Jordan:
The Division of Solid Waste Management, Solid Waste Section (Section) has
completed the preliminary review of the above referenced project. The following items
must be provided or addressed in order to continue the review process.
Revisions to the application must be made in accordance with 15A NCAC 1313
.1603(b).
1618(c)(1) On the regional map indicate the following: names of subdivisions and
commercial areas, local government incorporated limits, local government
extra territorial jurisdiction limits, areas served by public water and sewer
and known or potential sources of ground water contamination.
In the report discuss the general regional characterization, including
topography, water supplies, sewerage services, rivers and streams, land
uses, and any other pertinent features. The report should also contain
discussion with regards to the proposed site's relationship and impact or
lack of impact to the Town of Andrews and surrounding communities.
.1618(c)(2) Local area map must be of a scale and detail that shows the immediate
region and features within the 2,000 foot perimeter of the proposed site.
Include on the local map pertinent features described above and the
following (also include on the aerial photograph): all water courses, both
perennial and intermittent, zoning (if any) within the 2000 foot perimeter.
It is strongly recommended that existing topography, at an appropriate
contour interval, be shown on the local area map.
P.O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4996 FAX 919-715-3605
An Equal Opportunity Affirmative Action Employer "recycled/ 10% post -consumer paper
Tri-County Site Study
Initial Review
Page 2
Report should discuss all pertinent natural and man made features within
the local study area. Public water systems and sewerage systems should
be shown and discussed. Indicate on -site cemetery on map and include
dis-e ussian of proposals for protectiDn and access in the report. Also
show location of the cemetery on the proposed facility plan. Private wells
should be cross-referenced with well records (also refer to hydrogeology
review memorandum). No information was presented to document search
for CERCLIS, State Superfund, National Priority List, RCRIS Notifiers,
Registered Storage Tanks, and Leaking Registered Storage Tanks, sites.
1618(c)(3) For hydrogeologic comments, refer to Memorandum from Bobby Lutfy to
Bill Sessoms, dated October 19, 1994 (copy enclosed).
.1618(c)(4) Location Restriction comments - see following comments under .1622.
1618(c)(5) Local government approval with regards to site selection public hearing,
zoning, and operational consistency is well documented. In accordance
with North Carolina General Statute §130A-294(b1)(2), a copy of the
Site Study was forwarded to Cherokee County. Provide documentation
that the proposed site complies with subdivision or land use planning
ordinances or that there are no applicable ordinances.
1618(c)(6) Include discussion of proposed leachate handling and treatment.
Additional comments regarding the proposed facility plan are included
under location restrictions.
16220) Request, and include in report, FAA comments or response regarding
proposed siting with regards to the alignment and approach paths of the
runway of the existing airport. Include information on proposed methods
to control potential bird strikes. Recommend utilizing technical guidance
found in EPA Technical Manual Solid Waste Disposal Facility Criteria
(EPA530-R-93-017, PB94-100-450). Also enclosed for your use is a
copy of Report On The Potential Hazards To Aircraft In Locating Waste
Disposal Sites In the Vicinity Of Airports.
Include North Carolina Aeronautical Chart or USGS quadrangle map
indicating airport and showing distances from the landfill.
.1622(3) Wetlands along the interior drainage feature, as well as other wetland
features, should be buffered in accordance with recommendations
Tri-County Site Study
Initial Review
Page 3
contained in the Wildlife Resources Commission memorandum dated
January 14, 1994. In addition, all buffers should remain undisturbed
except were necessitated for ingress and egress purposes. Reflect these
changes in the proposed facility plans and report. No proposal was made
i pFlication -toaa►ter; fil or in any way modify wetlands,
therefore the Section assumes that all wetlands will remain undisturbed.
1622(5) Complete evaluation and recommendations should be presented in the
report on proposed methods for demonstrating compliance with seismic
impact design requirements. Recommended scope of evaluation is
contained in the previously referenced EPA Manual. Also, refer to
applicable comments in the hydrogeological review memorandum.
1622(6) Due to steep slopes found on the site, complete evaluation and
recommendations should be presented in the report on proposed methods
for evaluating stability in the design process. Recommended scope of
evaluation is contained in the previously referenced EPA Manual. Also,
refer to applicable comments in the hydrogeological review memorandum.
1622(7) Incorporate Department of Cultural Resources comments dated August
18, 1994 (enclosed) into report. Indicate, and note reference number,
archeological sites on facility plan. Highlight the seven sites that may be
potentially eligible for listing on the National Register. Demonstrate that
these sites will not be affected by proposed construction and operation
or outline proposals for further documentation of these sites. Include
Department of Cultural Resources concurrence with any such proposals.
1622(8) Include documentation from the Division of Parks and Recreation (Natural
Heritage Program and Natural Resources) that the proposed site will not
have an adverse impact on lands included in the State Nature and Historic
Preserve.
.1622(9) Indicate in report (and on appropriate local and regional characterization
maps if within the scope of the included maps) the classification of
streams and watersheds. Include in report the location of the nearest
watershed critical area and nearest public water supply intake.
162200) The report indicates that no threatened or endangered species or their
critical habitats will be directly impacted by development of the proposed
site. However, in order to protect wetlands, and in accordance with
recommendations contained in the report, establish undisturbed buffers
Tri-County Site Study
Initial Review
Page 4
as recommended by the Wildlife Resources Commission (referenced
above). Revise proposed plans to include these buffers and adequately
discuss proposals in the report.
Dtriftg-the--conttn-tt ng-review-process, a-dd tiorval information or clarifiesion may be
required. Should any additional information be required, you will be contacted by the
Section.
If you have any questions or require any other assistance, please do not hesitate to
contact this office at (919) 733-0692.
Thank you,
William D. Sessoms, PE
enclosures
copy: Jim Patterson - DSWM
Jan McHargue, PE - DSWM
Jimmy Woody, PE - Municipal Engineering
C:\SESSO MS\PROJECTS\CHEROKEE\LETTER.18
State of North Ca. 'na
Department of Environment,
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Jr., Governor y ID C C N P1
Jonathan B. Howes, Secretor
William L. Meyer, Director
October 19, 1994
MEMORANDUM
TO: Bill Sessoms
FROM: Bobby Lutfy 9L
RE: Hydrogeologic Review Of The Site Study For The Tri-County
Solid Waste Management Facility In Cherokee County
A preliminary hydrogeologic review has been done of the Site Study
for the proposed Tri-County Solid Waste Management Facility in
Cherokee County. The following issues need to be addressed before
a full technical review can be completed:
In Section II of the report, there is no local area study map on a
scale of 1 inch equals 400 feet, as required by .1618(c)(2). The
well records submitted are not legible. Information should be
provided on the location of these wells.
Section III - SITE HYDROGEOLOGIC REPORT
- The report is not sealed by a licensed Professional Geologist.
Two large areas of the site have not been investigated. One
area is located on the eastern portion of the site. And the
other area is located between the borings located in the
central portion of the site and the borings located in the
western portion of the site.
The report indicates that the borings were not converted to
piezometers or monitoring wells, as required by .1623(a)(3).
"Temporary standpipes" do not meet this requirement.
- In Table 2, no (total) porosity values are reported for each
lithologic unit, as required by .1623 (a) (4) (E) . The values
for effective porosity seem to be more representative of total
porosity values. Further discussion is needed on how the
effective porosity values were determined.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4996 FAX 919-715-3605
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Page 2
- In Table 4, no 24 hour water table readings are reported, as
required by .1623 (a) (7) (A) .
-The —f-r--act-tire—tr-ace di-agram used to produce "he RoseDiagram is
not included in the report, as required by .1623(a)(1).
The scale of Plate 3 makes interpretation difficult. A map
with a scale of 1 inch equals 100 feet would be helpful, even
if this makes it necessary to split the site near the central
stream tributary. Also the topographic lines and numbers are
difficult to read.
- Only two subsurface profiles were provided. An east -west
profile further upgradient through the proposed fill areas
would be useful. Also a couple of north -south profiles
through the proposed fill areas would be helpful. The
horizontal scale of the subsurface profiles should be adjusted
to make the information more easily interpreted.
- In Piedmont and Mountain settings, generally all borings
should go to auger refusal or deeper if necessary to encounter
ground water, unless a boring is terminated at a more shallow
depth in order to characterize one of the distinct lithologic
(hydrogeologic) units. Several of the borings at this site
were not taken to auger refusal. Information should be
provided on why borings 2,5,7, and 9 were terminated at such
shallow depths.
Under the location restrictions, the scale of the 100 year
flood map makes interpretation difficult. It would be helpful
to know the highest elevation reached by the 100 year flood.
The facility plan does not indicate 300 foot buffers around
the full perimeter of the site. Even though the old Cherokee
County Landfill is across the Valley River from a portion of
the new proposed Tri-County facility, the new facility is
distinct from the old facility and the 300 foot buffer must be
maintained around the full perimeter of the site.
Page 3
Both the Wildlife Resources representative and the wetlands
study representative recommended buffering the streams and
wetlands at least 100 feet in order to protect these natural
resources. It appears that the conceptual design for Proposed
phase-s 4 & —doe ro-maint-ain the recommended-00 foot buffer
-
from the stream tributary in the central portion of the site.
The additional information and clarifications on the issues
addressed in this letter must be provided before a full technical
hydrogeologic review of the Tri-County Site Study can be completed.
The engineering and geologic consultants can call me if they have
any questions regarding these comments.
CC: Jim Patterson
V`%
North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
MEMORANDUM
TO: Bill Sessoms
Solid Waste Section
Division of Solid Waste Management
DEHNR
r,
FROM: David Brook 9' %�1�6e'sje�-rvation
& &
De ut State iFl sfonc P Y �6)fficer
SUBJECT: Cherokee County Landfill Site,
ER 94-8010, ER 95-7230
Division of Archives and History
William S. Price, Jr., Director
We have received the archaeological report for the above project from Paul Webb
of Garrow and Associates.
Fourteen archaeological sites were recorded during this excellent Phase I survey.
Seven of the sites are judged to be ineligible for the National Register and require
no further investigation. However, seven sites (31 CE593, 31 CE599, 31 CE601-
602, 31 CE604-606) were judged to be potentially eligible for listing on the
National Register. We concur with these recommendations. We recommend that
you contact David Moore in our Western Office, 704/274-6789, for assistance in
developing a scope -of -work for additional archaeological investigations. Any of
the seven potentially eligible sites which may be affected by future construction
will have to be fully evaluated for National Register eligibility.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory, Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill -Earley,
environmental review coordinator, at 919/733-4763.
DB:slvv
cc: Paul Webb
109 East Jones Street • Raleigh, North Carolina 27601-2807
2 � J
UNITED S, -TES ENVIRONMENTAL PROTECTION. AGENCY
� 2
REGION IV
345 COURTLAND STREET, N.E.
ATLANTA. GEORGIA 30365
NOV 0 4 1994
4WD-OSW
Mr. Dexter Matthews, Chief
Solid Waste Section
North Carolina Department of Envir_onment_,
Health and Natural Resources
P. 0. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Matthews:
The Federal Aviation Administration (FAA) has prepared a
proposed report to Congress entitled, "Report on the Potential
Hazards to Aircraft in Locating Waste Disposal Sites in the
Vicinity of Airports." The FAA intends to publish the report in
the Federal Register for comment in the near future.
The "Recommendations" section of the report concludes with
the following paragraph:
"In an effort to enhance aviation safety, FAA recommends
that no new or expanded municipal solid waste or putrescible
landfill be located within the FAA specified 5,000 and
10,000 foot criteria or in the approach/departure area
within five miles of an airport if deemed incompatible with
safe aircraft operations."
A complete copy of the
information. We will keep
becomes available. Please
(404) 347-2091, if you have
information.
Enclosure
report is enclosed for your use and
you informed as additional information
contact Kelly Ewing of my staff at
questions or need additional
Sincerely,
Patricia c/8. Z�wg
Manager, Office of Solid Waste
Waste Management Division
1
REPORT ON THE POTENTIAL HAZARDS TO AIRCRAFT
Im LOCATING WASTE DISPOSAL -SITES IN THE VICINITY OF AIRPORTS
P POSE
This report -is submitted to Congress in -response to Section
203(b)(2) of the irport an Aires S,&fety, Capacity, Noise
improvement, and Intermodal Transportation Act of.1992 which
directs the Secretary of Transportation to conduct a study to
determine whether a municipal solid waste facility, located
within a 5-mile radius of the emd of a runway,' has the potential
for attracting or sustaining bird movements (from feeding,
watering or roosting in the area).and poses ahazard to runways .
or approach and departure patterns of aircraft.
• SCOPE _OF REPOR
Because most wildlife movements are seasonally influenced, a
complete study.of the issues,_presented would require that
researchers document all wildlife aeti-,,'.y.for'at least one full
year. In order to produce more credible information, at least
three years of study data would be -necessary to calculate valid
statistical averages. Given the limited time frame specified in
the Act for completing'this study, it was'not considered feasible
to formulate and carryout a fully scientific research project to
address the issue of siting landfills. near airports. Instead,
this report was developed from historical data,` past studies and
research on the incidents and accidents..' involving birdstrikes and
aircraft, and. on the potential of solid waste disposal sites to
attract and sustain bird movements..
AIRCRAFT BIBMSTRIKE -HISTO CAL PA C�*JIJD
It is - generally agreed that birds and aircraft are -not c=patible
even though they share the common thread of flight. Birdstrikes
with aircraft were recorded-as.early as 1912,..when a Wright Flyer
crashed after striking a. bird off the Pacific coast... Calbraith
Rodgers, the pilot who drowned in the crash,.. berme the first
aviation fatality attributed to a birdstrike.
Developments over the last 80 years,. .have brought aviation to
unprecedented levels of sophistication: Howover, this increased
level of.sophistication has not provided aircraft with an
immunity to damages resulting from strikes with wildlife. Modern
aircraft carry more passengers at greater.speeds than ever
before, thus increasing the potential for catastrophe. At high
speed, even small animals become damaging projectiles to large
aircraft:. According to V-t.E. Soloman,.a noted Canadian bird
hazard specialist, a four pound bird struck at 260 knots exerts a
force of 14 tons; at 520 knots, the force becomes 57.tons.
Birdstrikes have been responsible for more. than 100 deaths in the
2
United States. some of the more notable accidents that were
attributed to bird strikes included: On. March 10, 1960 a
Lockheed Electra departing Boston®s Kogan Airport struck
starlings and crashed, resulting in 62 deaths. In 1973, a
I.,--arjet depart ing.Dekalb®Peachtree Airport in Georgia, struck a
flock of cowbirds (small blackbirds) and ingested them' into the
engines. Both engines sustained compressor stalls, causing the
aircraf-t to crash, k �T�? 1 sev.- arc -17
19751 a DO-10 departing John F.-Kennedy Airport'ingested gulls on
takeoff roll, aborted, the takeoff, 'caught fire and eras completely
destroyed. Fortunately, the"139 •pass'engers .who. were airline
employees were able to quickly evacuate the b=fting craft
suffering injuries, but no deaths.
Although it has been argued that these accidents are no longer .
current and that modern a; ---:raft have become more resistant to
damage. and disaster from bikd strikes.; this is not the case. In
1988, in Bahar Dad°, Ethiopia, a Boeing-737 on takeoff struck a
flock of speckled pigeons and crashed,-killi.ng 3 5. passengers and
injuring 21 others.
The reports that followed the incidents mentioned above noted
that birds had been attracted by eiher waste disposal operations
or by trash on or -about the vicinity of the air' 'rt. Following
the 1973 Learjet crash, the National Transportation Safety Board
recommended that the FAA "implement a procedure 'for more
stringent and continued surveillance of all facilities subject to
the provisions of the Airport. -and -Ai ay Development Act and
impose timely sanctions against operators of fa, 6ilities, which
receive federal aid and do not fully comply �iit:h'the requirements
imposed upon thew by the provisions of *this. act." A .provision in
the Act specifies that grant recipients, to the extent
reasonable, maintain compatible land -uses around.'an airport.
Whether or not a catastrophe results, bird hazards can be
responsible for unnecessary .risk .ana,expense.. The FAA receives
an average of 2,000 bird strike reports each year. This
reporting system is voluntary and...does not reflect the total
number of strikes or .cost estimates of damage to 4ircraft or the
aviation industry. it is.generally accepted that more than half
of all strikes go unreported. Far less information•is received
on cost estimates. Information regarding the amount of damag4 is
seldom reported because.pilots normally fill out the strike
report before the. actual extent of damage is determined.
However, damage to aircraft from birds can be severe and costly.
According to a recent, Envirormental Impact Statement (EIS) for
John. F. Kennedy International Airport, after ingesting one bird,
a Boeing-747 aborted its takeoff, blear 10 tires and damaged the
brakes while stopping. The resulting damage from this one
incident cost the airline $200,000. Additionally, the EIS
reported that between 1979 and 1993, birdstrikes caused
3
46 instances of engine damage, 22 instances of non -engine damage,
and 51 aborted takeoffs (USDA 1994)1..
r ANDFL1. S AS AT%R=IONS TO OEM
A number'of scientific papers.have been pub-lished regarding the
association o ir�r s and waste --disposal opeze� . 1-�$
generally accepted that large numbers of birds commonly frequent
landfills in search of food. In a recent study conducted by the
United States Department of Agriculture's Denver Wildlife
Research Center (DWRC) for the FAA,. 69;9;477 individual birds of
42 species were recorded at 3.landfills' in 95S observation
periods (Belant et al. 1994)Z. Although gulls may be found at
inland landfills, they are one of the more common bird species
associated with coastal landfills. Additionaiiy,`crows,'
starlings, blackbirds, pigeons, sparrows,: and -vultures have been
documented as common3visitors to most landfills regardless of the
location. (Lake 1984)
Bird populations -that impact human health and sa'fety have been
less understood and documented. However, in 1971 the
Environmental Protection Agency (EPA) released a report that
surveyed land. disposal sites reporting bird aircraft hazards. In
the discussion section on page 26 it -stated "there is little
doubt that improper solid waste disposal sites in many areas of
the country contribute to the bird/aircraft strike hazard at
airports". Furthermore, it was stated in. the summary and
conclusions that, "analysis of. judgments.folloWing two lawsuits
resulting from aircraft/bird strike accidents.* indicated a strong
.possibility that both government and -a diL-�osai sate owner could
be liable for an accident attributed to birds if the disposal
site was knowingly attracting bird- and contributing to the risk
of bird/aircraft collisions" (Davideon et a1.:1971) •
considering the reports referenced above.,.FAA believes there is
enough information available to support the conclusion that
}Final -Environmental Impact Statement, Gull Hazard Reduction
Program, John F. Kennedy International Airport, United States
Department of. Agriculture, May 1994, pp. 1-70, 1-10.
ZJerrold L. Bellant et a1., "Gull and Other Bird Abundance
at Three Mixed Solid,Waste Landfills in Northern Ohio," DOT
Interim Report, DTFA01-91-Z-02004, (1992); p. 23.
3David W. Lake, "Airport Bird hazards Associated With Solid
Waste Disposal Facilities," Proceedings:Wildlife Hazards to
Aircraft Conte rence a Traigi g Workshop, (1984), p. 221.
'.George R. Davidson, Jr. et al., "Land Disposal Sites Near
Airports Reporting Bird/Aircraft Hazards,".open-File Report, (TSR
1.6.004/0), U.S. Environmental Protection Agency, 1971, p. 2.
4
landfills are attractive to birdsand that � potential hazard
will exist whenever numbers of birds are drawn into or across air
traffic corridors.
The FAA has initiated research to. better understand, identify and
manage potentially hazardous wildlife populations on or near
airports. Actual research is being completed under a contract
organizations in the t1eia or nuisance walaiirs Zana9t=eLI%..
Although wildlife hazard research is currently underway, it
remains in preliminary stages. This preliminary axch will
establish asolid database that will used for dater comparisons.
More research is also needed tc assess :the effectiveness of
wildlife control. techniques. -it is common for -'operators of waste
disposal facilities" to include wildlife control techniques in
proposals to locate .or expand 'operations in the. vicinity of
airports, These techniques include the use of pyr'oteclmic
devices, broadcast bird.distress calls,. and as a last resort,
lethal control. Although these controls are often presented as
being sufficient to offset any wildlife attraction caused by the
landfill activity, there is little -.documentat on that these
controls will significantly mitigate the attractiveness of a
landfill to birds over an extended period. Thus, there is no
assurance that such efforts would actually alleviate a bird
hazard near an airport should one arise after the landfill is
constructed. And, once constructed; landfills are.very difficult
to relocate. There exists ample information regarding bird
dependence on landfills. Conversely, there is little information
documenting successful long -terra mitigation of the problem.
L&NEFILL TING R AIRMETS
Locating a waste disposal .site, particularly in and around urban
areas, has become a very serious.prvblem for most'communities,
from both physical and political viewpoints.- As a result, there
has beer an increasing need td expand existing sites and
establish new waste disposal facilities and landfills. A
proposal to establish such a facility close to a -populated or
recreational area will,. in most cases,:result in considerable
controversy and public opposition. Landfill.proppnents often
consider or select sites located at the end of.runways or in tt.e
vicinity of airports as solution to these .issues. These
locations are often near, but outside, populatien centers; are
noise impacted or otherwise unattractive for buildirg-
ftvelopment; provide readily available and inexpensive land; %-nd
generally provide a location with good road access. As a result,
these sites stand a much greater chance of beiiig accepted by er.e
public for landfill use. Because of its concern that the
attractiveness cf these landfills to bird populations has a
potential to impact the safety of aircraft operating to and
airports,. the FAA has taken a number of actions and establ i :r-i
OCT 19 '94 14:07 FROM FAA-HRP-12
PAGE.006
•
policies and procedures to evaluate the impact of potential
landfill sites adjacent to airports.
FEpEgAL UGUIA,
tIONS,POLICIES,A= PROCXJgRES
5
A. Federal -Aviation Reaulati!;n part' 139_._ Airports which serve
any scheduled or unscheduled passenger operation of an air
carrier that is conducted with an aircraft having .a seating
capacity of more than 30 passengers is required by Federal
Aviatiorf Regulation Part 139 tohave an airport' operating
certificate from the FAA. This certificate is only granted after
the airport is'.inspected'by an FAA airport special-ist to assure
that all minimum safety standards of part 139 have been met.
Under 139..337, all operators of. certificated -airports shall
establish a wildlife hazard management plan and provide for, "the
conduct of an ecological survey, acceptable to the. Administrator,
when any of the following events occur on or near the airport:
(1) An air carrier aircraft experiences a multiple bird strike or
engine ingestion. (2) An air carrier experiences a•damaging
collision with wildlife other than birds.- (3) Wildlife of a size
or in numbers capable of causing an event previously described in
or (2) is observed to have access to any airport flight
pattern or movement area."
B. Order 5200 5A. waste Disnos *sites on Or Mean Airyo _g. FAA
issued order-5200.5 on October 16, .197.4 to provide int-rnal
guidance regarding FAA's official position on siting landfills
.near airports in an effort to reduce potential airport/wildlife
hazards. The current order 52010.ZA, TMWaste Disposal Sites On Or
Near Airports", and as did the original order 5200.5, contain
criteria concerning the establishment, elimination or monitoring
of landfills, open dumps, waste disposal sites or -other similar
facilities on or in the vicinity of airports.- orders, such as
5200.5A, are internal directives that provide guidance to FAA
employees. Advisory circulars are public information and may be
instructive to those who receive grants from the.7AA.. These
orders and advisory circulars have: no author ty.over facilities
located off airport property. Also, FAA has no authority to
approve or redirect land use outside of,the airport perimeter.
For airports that receive Federal funds, the :owner, operator, or
grant recipient miust comply with terms of the grant obligation to
the extent reasonable to restrict the use of ..land adjacent to or
in the immediate vicinity of.the-airport to activities and
purposes compatible with normal airport operations. However, in
most cases landfills are located outside the airport property and
are often beyond the owner's jurisdictional owner'jurisdictional control.
Order 5200.5A sets forth the policy that waste disposal sites are
incompatible with aircraft operations when located within those
areas adjacent to an, airport that are defined through the
application of the following three criteria: (1).when located
within 10,000 feet of any runway end used or planned to be used
10
by turbine -powered aircraft; (2) within 5,000 feet of any runway
end used by piston -powered aircraft; and•(3) when located within
a 5-mile radius of a runway -end, such that it attracts or
sustains hazardous bird movements from feeding, watering or
roosting areas into, or across the runways and/or approach and
birds across aircraft approach kd� rture pa- s could a
safety concern beyond the 5-mile radius, this distance was
considered a reasonable limit for application of the 'FAA
criteria. The earlier version of.dhe. FAA Order had no such
limit.
C. F ® cat' on Reguireme i;s o ..To assist '-VAA. in . its ability
to monitor the siting. of landfills near airports, the Co s in
.1992 enacted Legislation to amend the Fede 1.Aviation Act to
allow the Secretary of Transportation to require that persons
proposing to establish sanitary -landfills notify the Secretary
when such notice -will promote safety,and the efficient use or
preservation of navigable airspace,'. A L,.oposed FAA regulatory
amendment will establish a 5-mile radius from an airport for
requiring such a .notification.
D. EPA Notification__Raalaients.
Because of safety, concerns and a lack of jurisdiction, FAA
actively sought the assistance of the.EpA to consider airport
safety concerns when processing landf'ill'. siting permits. FAA
suggested that the'crite'ria in Order 520'®.SA.be incorporated into
EPA's revision of their solid waste -disposal regulations. As a
result of FAA comments, the EPA adopted'a regulatory requirement
in the Solid Waste Disposal Facility. criteria ' h0, Code of Federal
Regulations, Part 258.10, .that landfill, owners .or. operators
notify the. affected airport and appropriate FAA .office whenever
they intend to expand or propose a. new landfill within. five miles
of an airport. However, EPA chose not to prohibit or restrict
landfill operations within the 5,0O0-and 10,O00 foot distance
criteria identified by'F'AA. Instead it required operators within
these areas to* demonstrate to the. state agency having the
authority to issue the permit that the operation doe's not pose a
.bird hazard to aircraft.
BASIS OF FAA CRI E'RTA FOR SITIX9 o? LAND.VIr,T
FAA believes that any open household or putrescible waste
disposal.activity within 5,000 feet.of-a runway serving piston -
powered aircraft and 10,000 feet from.,' runway serving turbine -
powered aircraft is incompatible with safe aircraft operations.
Outside of this criteria but within five miles of the runway
edge, FAA will review proposed landfill locations,on a case -by -
case basis. Under these circumstances, if the site falls
directly under the approach or departure path or has the
potential.to increase birds in'the active a•ikspace, FAA will
generally consider the site as beiiig iricompa-tA, le with the
OCT 19 194 14:08 FRG FAA-ARP-12 PAGE.00e
7
airport. If.the site were located.between the 10,000-foot limit
and the 5-mile limit.away from the approach or departure path and
would not likely attract birds -across the active airspace, FAA
t consider s-ite—incompa-tfble-. During- this case -by -
case evaluation, factors such.as the native bird populations,
local geography, and the airport traffic patterns are considered.
The distance used in FAA's.guidance is..based on several factors.
Birdstrikes are voluntarily reported to FAA from'ground level to
several thousand feet above ground level-(AGL).' Most birdstrikes
occur below 500 . feet with numbers ' diminishirig to ' insignificant
levels above 3,000 feet. Based,on normal performance
characteristics, .departing aircraft should be at approximately
500 feet AGL after traveling 10-1000 feet from.tbe runway end and
approaching 3000 feet AGL at five luiles. These distances and
altitudes -form the basis for,the minimum criteria designated for
a turbine -powered aircraft.
criteria for.piston-powered aircraft,specifies a lesser distance
of 5,000 feet due -to different performance characteristics.
These aircraft are slower and make more.noise relative to a
bit''s ability to respond. The engine noise and slower airspeed
allow the operator and bird more time'to react. and avoid striking
each other. Additionally, -piston -powered aircraft do not have
engine intakes that can ingest birds.
The 5-mile area is specified in Order•5200.5A to.allow FAA the
opportunity to review the traffic patterns, geography anu
juxtaposition of the proposed landfill site and airport. As
birds do not respect minimum distances, this review pro -.ides FAA
an early opportunity to cmmment.on proposed disposal sites in
critical air traffic areas immediately outside.of.the 5,000 and
10,000 foot zones. The review also takes into account existing
numbers of birds in the area.and other natural, :man-made or
geographical features such' -as refuges., water reservoirs or
coastlines that may be located across air traffic.paths from the
proposed disposal site. Aa a note of -reference., the 5-mile
radius is also used in other countries, such as Canada, which
restricts landfill development within.8 kilometers,'or 4.8 miles
of an airport reference point.
FUTURE CONCERNS
There are indications that future resolutions to wildlife hazards
will become more complex. Certain species that frequent
landfills, such as ring -billed -gulls, are increasing in
unprecedented numbers. At the same time, the public is becoming
more involved in wildlife laanagement.issues. The National
Environmental Policy Act may require public involvement in the
solution of a wildlife related problem. .The public's involvement
.may be costly and time consuming, resulting in a trade-off of
potential hazards.
The likelihood of birdstrikeo may be. further exacerbated by
design changes to modern'aireraft, which incorporate larger inlet
engines to achieve reduced noise levels. These larger, quieter .
engines give birds less warning and require theba to avoid a
larger surface area a
F'II�S
1. FAA believes 'that current Egtate of the art science is not
capable of accurately and consistently quantifying'the risk
created by locating landfills. within five miles of an airport.
Although a civantified risk 'assessment is not.available, the
potential hazard of bird, strikes has been establi.shed.in repofts
following aircraft accidents.
2'. FAA believes that 'landfills
aviation if located within five
following reasons:
constitute a potential hazard to
miles from a runway end for the
a. waste disposal activities in the vicinity of the airport..
have lead to air'craft'catastrophes by attracting birds.
b. Bird activity 'is generally recognized. to occur at altitudes
that brings it into the.path of aircraft during approach and
departure operations, the most critical .'time• for aircraft
performance.
c.. Mo.,ern aircraft, with quieter' -engines and .larger engine..
inlets, increase the potential for birdstrikes du.e,to the reduced
warningrom less noise .and. a greater frontal..area for the bird
to escape.
d.. Bird mitigation techniques, although offered.as a solution,
have not been proven -effective over.,extertded, periods of time. In
addition, future mitigation programs.will become more complicated
and require more time to implement, resulting in a trade-off of
potential hazards.
e. Landfills areintense attractions to birds and if birds are
attracted into areas used by aircraft, .a potential hazard will
result.
3. As total bird control is not possible, the best solution is
to restrict actions on or in the vicinity of an active airport to
reduce bird attractions.
4. The distance criteria contained in FAA Order 5200.5A serve as
a reasonable basis for determining the. incompatibility of a
landfill site with airport operations.
OCT 19 '94 14:10 FROM FHH-HRH-12
PAGE. 010
COMIENDATIONS
9
Although not a solution to all airport -related bird hazards,
locating intense attractions to wildlife, such as landfills,
outside of the areas specified by the FAA reduces the risk of a
potentially ardous-collision between-airCr--t and '11-4Fds
progress has been made toward this.goal by the EPA. Although EPA
stops short of restricting landfills within the 5,000 and 10,000
foot areas designated by the FAA, it does require that operators
of existing municipal solid .waste Zandfills. within those areas to
demonstrate to the State Director of,the ERA.that such units do
not.pose a bird hazard to.aircraift... .Additionally,.proponents of
new or expanded landfill sites must nctify the affected airport
and the FAA of their intentions vithin five miles on any airport.
in an effort to enhance aviation safety, FP -A recom3nends that no
new or expanded municipal solid waste or p-.�rescible landfill be
located within the FAA specified,.5,000 and 10,000 foot criteria
or in the approach/departure area within five.miles of an airport
if deemed incompatible with safe aircraft operations..
o•'