CCR1991081COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #El-91
AN ACCEPTANCE AND APPROVAL OF LANDFILL AGREEMENT
BETWEEN EMERALD PARK, INC. AND CITY OF MUSKEGO
WHEREAS, Emerald Park, Inc., desires to open and operate a sanitary
landfll for the disposal of municipal, commercial and industrial
non-hazardous waste; and
WHEREAS, Emerald Park, Inc., proposes to locate said landfill in the
City of Muskego; and
WHEREAS, the City of Muskego has a duty and obligation to insure the
best interest of the health, safety and welfare of the community
citizenry, and by virtue of Chapter 144 of the Wisconsin Statutes, has
including the environmental health and economic concerns of its
appointed members to a local negotiating committee to negotiate with
Emerald Park, Inc. concerning the proposed landfill; and
WHEREAS, pursuant to Section 144.445(8), Wis. Stats., Emerald Park,
Inc. and the local negotiating committee have negotiated a landfill
agreement, copy which is attached hereto, delineating, only those
provisions allowable by law.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby accept and approve the attached landfill agreement
and that the Mayor and Clerk are authorized to sisn the landfill
a agreement in the name of the City. -
BE IT FURTHER RESOLVED that, pursuant to Section 144.445 Wis.
Stats., which authorizes the local negotiating committee to negotiate
with respect to the applicability or non-applicability of any
which is the subject of the landfill agreement and upon which said
pre-existing local approvals, including zoning, the parcel of land
Furthermore, Emerald Park, Inc. is hereby granted a conditional use
landfill shall be located is hereby zoned as Industrial 1-2 Zoning.
permit to operate a sanitary landfill upon the subject premises. This
conditional use is subject to and shall be operated according to the
attached landfill agreement. Failure of Emerald Park, Inc. to abide
by any of the terms of said landfill agreement shall constitute a
violation of the conditional use permit and zoning granted by this
resolution, and such violation on the part of Emerald Park, Inc. shall
The zoning classification and conditional use granted by this
authorize the City of Muskego to revoke said Conditional use permit.
be enforceable as any other zoning ordinance and conditional use grant
resolution shall be placed on the City Zoning map and the same shall
in the City of Muskego.
DATED THIS 23RD DAY APRIL , 1991.
CITY OF MUSKEGO
ATTEST: Wayne G. Salentine, Mayor
City Clerk
4/91cac
LANDFILL AGREEMENT
Between Emerald Park, Inc
and City of Muskego
TABLE OF CONTENTS
RECITALS (Incorporating Exhibit "A") ......... 1
GENERAL PROVISIONS .................. 1
SPECIFIC PROVISIONS .................. 2
1 . Commencement Date And Term .......... 2
2 . Standing Committee .............. 2
(Incorporating Exhibit "B")
3 . Responsibility Of Applicant/Operator
For Water .................. 3
4 . Construction And Operator Requirements .... 4
A . Replacement of Water Supply ...... 4
B . Drainway ............... 7
C . Sewer ................. 8
D . Traffic and Roads ........... 9
E . Miscellaneous ............. 9
(Incorporating Exhibit "C")
(Incorporating Exhibit "F"
(Incorporating Exhibit "D")
5 . Zoning Approval ............... 11
6 . Final Use .................. 13
I . Direct Payment To City ............ 13
A . Base Formula .............. 13 B . Alternate Formula ........... 13
8 . Direct Payment To County ........... 15
9 . Records ................... 15
10 . Negotiating Committee Expenses ........ 15
11 . Municipal Responsibilities To
Constituents ................. 16
12 . Exception .................. 17
13 . Area To Be Served By Facility ........ 18
14 . Assignment, Transfer And Sale ........ 18
i .
?. 15 .
16 .
17 .
18 .
19 .
e 20 .
21 .
22 .
23 .
24 .
25 .
26 .
27 .
Warranty. Indemnification And
Liability .................. 18
Liability Protection In General ....... 23
Covenants Of Landfill Operator
Regarding Application. Construction.
Use And Operation .............. 24
A . Types of Waste ............. 24
C Traffic Matters 26
B Hours of Operation 25 . ........... . ............
D . Compliance with Applicable Law ..... 27
E . Environmental Monitoring ........ 27
F . Future Environmental Considerations . . 29
G . Waste Stockpiling ........... 30
H . Odor Abatement ............. 30
I . Dust Abatement ............. 31
J . Blowing Debris Control ......... 31
K . Landfill Vector Control ........ 32
M Drainage and Erosion Control 33
L Mud Tracking 32
Contested Case Hearing ............ 33
Property Protection Provision ........ 33
(Incorporating Exhibit "C")
Sociological Impacts ............. 36
(Incorporating Exhibit "E")
Recycling Agreement ............. 37
Limitations On Future Development ...... 37
Miscellaneous Conditions ........... 38
Applicable Law ............... 38
Failure To Comply With Agreement ....... 38
Local Approvals ............... 39
Termination Of Certain Paragraphs
Upon Closure Of Site ............. 39
. .............. . ......
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RECITALS
WHEREAS, Emerald Park, Inc., a Wisconsin corporation,
herein referred to as "Applicant", "Landfill Operator", and
"Operator", desires to open and operate a sanitary landfill for the
disposal of municipal, commercial and industrial nonhazardous waste
(the "Landfill") , and
WHEREAS, the applicant proposes to locate said landfill
in the City of Muskego, Waukesha County, Wisconsin, on real
property more specifically depicted in Exhibit "A" hereto attached
and incorporated by reference and made a part of this Agreement.
AND WHEREAS, the City of Muskego is a municipal
corporation existing by virtue of the laws of the State of
Wisconsin (herein referred to as the "City") , and has a duty and
obligation to insure the best interests of the health, safety and
welfare of the community including the environmental health and
economic concerns of its citizenry, and by virtue of Chapter 144
of the Wisconsin Statutes, has joined the County of Waukesha
(herein referred to as the "County") in appointing members to a
local negotiating committee to negotiate with the applicant
concerning said proposed landfill,
NOW, THEREFORE, in consideration of the promises and
mutual covenants contained herein, the parties agree as follows:
GENERAL PROVISIONS
A. This Agreement shall be applicable to the present
Applicant/Operator, its successors and assigns.
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SPECIFIC PROVISIONS
1. Commencement Date and Term. The commencement date
of this agreement shall be the date on which the City formally
approves the negotiated agreement between the applicant and the
local negotiating committee.
The terms of this agreement shall continue in effect
until the Applicant/Operator is relieved of the site responsibility
by the State of Wisconsin and United States of America
notwithstanding other provisions of this Agreement. Where specific
terms in the Agreement set a shorter period of time, the time as
enumerated in the paragraph shall take precedence over this
provision. Terms and conditions of operation and closure required
by the State of Wisconsin (DNR) and United States of America (EPA)
shall constitute terms and conditions of this Agreement.
2. Standins Committee. The Applicant, City and County
agree to the formation of a Standing Committee. Membership on the
Committee shall consist of one (1) member appointed by the Waukesha
County Board Chairman and approved by the Waukesha County Board of'
Supervisors, one (1) member of the Muskego City Council appointed
by the Mayor, two (2) residents of the City of Muskego residing
within _th~~i;itre9.:con~nt~cl;i~~~~~~~;~~~~~~~~. The two ( 2 ) resident ,..... .:< ...L /.:< i.. I .:. ...I...... ?. ,.::::... I ....::. I..:.) I.:..: ....:... ..l^l I.... :.:...~..~ ..... I...I: i.i ,..,. :~, .: , ,....
members shall be appointed by the Common Council. In addition, the
landfill Applicant/Operator shall appoint one (1) representative
who shall also serve on the Committee. The committee shall have
the functions and powers enumerated under Exhibit "B" attached to
this Agreement.
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From the direct payment to the City of Muskego, after
receipt of payment for a period of six months, the City shall
provide $5,000.00 to the Standing Committee. Each year an
additional $5,000.00 shall be provided to the Standing Committee
until the Standing Committee has received budgeted funds of
$15,000.00. Once the $15,000.00 level is reached, the City shall
provide only such funds as are necessary to bring the Standing
Committee's budget to $15,000.00 in each successive year, but in
no event shall the City have to contribute more than $5,000.00 in
any given year in order to maintain the budget.
The funds provided to the Standing Committee shall be
used to carry out the duties of the Standing Committee, including
an appropriate reimbursement for members of the Standing Committee
with the exception of the member appointed by the Landfill. a In addition, said funds may be used for technical
assistance to the Standing Committee which shall include: All
scientific testing relevant to the landfill site and all consulting
and legal assistance when required to advise the Standing Committee
and carry out its powers.
Landfill Operator agrees to provide information
concerning technical and scientific data to the Standing Committee
which it has obtained and has available for its own purposes.
3. Responsibilitv of Applicant/Operator for Water. The
Applicant/Operator shall install an in-ground water tank, to
prevent freezing, with a capacity of not less than 25,000 gallons,
or a surface pond which has a stand pipe (dry hydrant) which allows
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all weather access. The exact size and design of the surface pond
@ shall be approved by the City of Muskego Fire Department prior to
construction of the landfill. The pond shall be located within the
facility's perimeter fence and, if possible, shall be located
within 300 feet of the buildings constructed on the site. In
addition, the fire department shall be furnished with a key to the
facility gate, or other arrangements shall be made to allow the
department access to the pond for off-site fires. The operator
shall confer with the local fire chief prior to finalizing the
design for on-site buildings and shall comply in all respects with
local fire protection ordinances that apply to the on-site
buildings.
4. Construction and Operation Requirements. In the
construction and operation of the landfill site the
Applicant/Operator agrees to comply with all the requirements of
this contract, the ordinances of the City of Muskego and County of
Waukesha of general application and such ordinances appropriately
within the police powers of the City and County which are not in
violation of Wis. Stat. s. 144.445.
In addition to such requirements at law the Applicant/
Operator agrees to the following:
A. ReDhCement of Water Sumly. In the event any
existing well in the City of Muskego within the area defined in
Exhibit "C", herein incorporated by reference and made a part of
this Agreement, becomes contaminated after the issuance of a
landfill license, the Landfill operator shall be responsible for
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providing a supply of drinkable water and a new permanent water
i) supply. Time is of the essence and the permanent water supply
shall be completed within thirty (30) days or as soon as possible
after all necessary approvals are obtained for connection to public
or community water supply. The term "permanent water supply" shall
include a well, group or common well, area well, or hook up to a
public or community water supply. In the event of bacteriological
contamination which can be corrected by decontamination procedures
Applicant/Operator shall have the opportunity to decontaminate the
well. However, if the problem reoccurs a permanent solution shall
be undertaken. The Applicant/Operator shall have discretion upon
the approval of the City of Muskego at the Applicant/Operator's
expense to extend the city water to the area or connection to a
community well as an alternative to providing new deeper wells or
alternative water supply.
The Applicant/Operator to the extent desired may pre-
test any well or wells within this area for PCB's, pesticides or
bacteriological contamination. Such pretest shall take place
before site use begins. This testing shall be done at the
Applicant/Operator's expense. In the event a well owner does not
allow pre-testing of their well, they shall not be eligible for
the protections afforded by this paragraph. In' the event a test
shows contaminants as aforesaid in the well, unless the condition
is rectified by the property owner at the property owner's expense,
the Applicant/Operator shall not be responsible for the well
replacement under this Agreement.
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After pre-testing which would demonstrate none of the
aforesaid contaminants or if no pre-testing is undertaken by the
Applicant/Operator of any individual well, and the well is later
found to have said contaminants, Applicant/Operator shall supply
water under this Agreement. If the Applicant/Operator disputes
that their activities were responsible for or caused the
contamination, Applicant/Operator shall obtain an assignment from
each resident who is serviced by either city water or a community
well or who has been provided with a deeper well and bottled water
to pursue such rights and actions without recourse to the recipient
(unless the recipient has caused the contamination) and may pursue
any other parties they deem to be responsible for the cause. The
Applicant/Operator shall have no obligation under this paragraph
unless and until the affected property owner executes and delivers
such assignment of claims. All recovery of its costs had against
any third party shall become the property of the Applicant/
Operator. Nothing in this Agreement however shall be construed to
affect the right of any citizen to commence suit against
Applicant/Operator for any property damage or personal injury
associated with their operations and nothing herein shall be
construed to require an assignment of any and all claims of the
property owner but only an assignment of the claims based on the
expenses and other damages which the Applicant/Operator has
assumed.
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The water protection agreement shall continue in full
force and effect, and be binding on the Applicant/Operator, for a
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period of forty (40) years from the date of termination of actual
landfilling activities.
B. Drainwav. Applicant/Operator shall restore, dredge
and improve the primary drainage ditch to Big Muskego Lake to its
original depth prior to commencing any operations at the landfill
site. The Applicant/Operator's obligation under this paragraph
shall be subject to the City obtaining necessary access and the
City obtaining all necessary permits from all local, state and
federal regulating agencies, and the Applicant/Operator shall
diligently assist the City in preparing and drafting all necessary
plans and filling out all applications and in paying all costs of
drafting, design, applications, approvals and reviews incurred by
the City in processing the necessary permit applications.
Applicant/Operator's responsibility shall be limited to $60,000.00
;_'::~.,~ ..., ;. I ., ...... ~... ~:.,:: ........ :::::::'. .~:......,..I. .....:. :.: .,...... ~ ............................. .,~~.. :.~...~. under~,~e_-ltetms:,:i#fis.t~~~~:pa,~,~g~~~~... ~.~~~~fter the initial restoration
%:; .,.. ~t:~:~.x,:ir.*.*..*.~,..~ ...,. :~:,. ... ~x.: .. .............................. >:,.~.+.~,?:&;?;<
of the drainway, Applicant/Operator will be responsible to clean
sedimentation caused by the site ~~~~~~:ht?~~~ii~~~~~~~,~~ ~,~.~, .................................................. ,,: li ..,... <,",,.A?>
. . . . . .. :.. , . . . . . . . . . ,.. . ... .;,: ,, ......,...., , , , ~ ,... I.I ..............,... : ..........~.~.~.~.,
Additionally, the Applicant/Operator shall construct and
maintain a storm water detention facility capable of detaining on-
site storm water flows as provided in the Applicant's feasibility
report and required by the Muskego City Engineer, which was
approved on the 1st day of August, 1988 and is identified as
Drawing Number 1397.03-11, Base Grade/Engineering Modifications
Plan Sheet 11 of 15 and is herein incorporated by reference, prior
to the date of this Agreement.
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c. Sewer. Upon direction by the City of Muskego when
sewer becomes available the Applicant/Operator shall pay all costs
for the design and installation of public sanitary sewers, force
mains, lift stations and related facilities to service the landfill
site for leachate and effluent disposal from the site. Sewer shall
be considered "available" when it has been brought to the proximity
of the intersection of Ryan Road and North Cape Road.
The duty upon the Applicant/Operator to construct and
install a public sanitary sewer shall require them.to construct a
sewer that meets the specifications set out in Exhibit "F" , hereto
attached and incorporated by reference as a part of this Agreement.
The Applicant/Operator shall be subject to all standard
rates, charges and conditions under the City of Muskego sewer use
ordinance. Applicant/Operator shall pay all costs for the design
and installation of the sanitary sewers, force mains, lift station
and related facilities as specified in Exhibit "F" to service the
landfill site for leachate and affluent disposal from the site.
The plans, specifications and submittal of all documents relating
to the sanitary sewer system shall be reviewed and approved by the
City Engineer of the City of Muskego. Applicant/Operator shall be
bound to install sewer, upon the request of the City, within 1.5
years commencing with the date of licensing. If however at any
time after 1.5 years the site capacity remaining is 50% or more of
the approved capacity, the City shall have the right to require,
and the Applicant/Operator shall install sewer.
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continue and maintain said wetlands without alteration and no
surface water runoff will be allowed from the landfill into the
natural drainway which will alter and/or effect in anyway any area
determined to be a wetland. Provided, however, that with the
approval of the Department of Natural Resources if wetlands located
on the subject property are relocated on said property, and
provided that said relocation of wetlands will have no adverse
effect or impact on property off the site, wetlands may be altered
accordingly.
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In addition thereto, Applicant/Operator agrees that
during construction and operation it will not allow water to flow
from the landfill site at any excessive rate or at excessive volume
into the natural drainway. Excessive rate and volume herein means
a rate that will cause the flow of water from the landfill site to
spill over the natural banks of the drainway. Such steps and such
expense shall be undertaken by the Applicant/Operator to insure the
adequacy of the drainway to provide for flow from the landfill
site. Applicant/Operator will further respect the rights of the
City of Muskego off the site to regulate and enforce the
appropriate use of the drainway.
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Applicant/Operator herein agrees that it will follow the
construction design plan approved by the Department of Natural
Resources after review of the feasibility report and that
compliance with those requirements shall become a part of this
Agreement. If there is a breach of the construction requirements,
that shall constitute a breach of the Agreement.
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...
development of
ity, however, do
the landfill site &-ij
es not waive any rights
that it has which do not violate Wisconsin or federal law.
6. Final Use. After termination of the landfill
operation the landfill Operator will take all steps required by
law, both State and Federal, to preserve the environmental
integrity of the landfill site and to warrant, indemnify and insure
the health, safety and welfare of all inhabitants, the City of
Muskego and the County of Waukesha. Applicant/Operator further
agrees to follow all ordinances, directions and mandates of the
City of Muskego and County of Waukesha concerning the land use of
the site after landfill activities have terminated.
7. Direct Payment to City. Applicant/Operator agrees
to pay $2,000,000.00, plus the National Consumer Price Index, over
fifteen (15) years, however, payable as follows:
A. Base Formula.
$66,600.00 per year for the first two years of
operation; and
$143,600.00 for years three (3) through fifteen
(15).
All of said payments are to be made monthly, commencing thirty days
after receipt of a license to operate the site. The payments shall
be indexed annually for inflation in accordance .with the National
Consumer Price Index, All Urban Consumers (CPIAUC).
B. Alternate Formula.
As an alternate to the formula in paragraph 1-A., above,
the Applicant/Operator shall pay in accordance with the formula set
13
out here if the dollar amount in a given year exceeds the dollar
amount under the “Base Formula”.
Within thirty (30) days, at the end of each year from the
commencement of actual fill activities, Applicant/Operator shall ~~~
provide the City of Muskego with a survey under seal from a
licensed surveyor or professional engineer stating the percentage
of space remaining in the landfill and the percentage amount of
space used during the year. The report shall be based upon the
number of tons remaining in the landfill relative to the original
design space of 1,420,000 tons reported in the feasibility study.
To the extent such space is used by Applicant/Operator, the
Applicant/Operator shall pay an annual fee to the City of Muskego.
The fee shall be based upon the following parameters and formula:
e 1. The total space of the landfill shall be considered
to be 1,420,000 tons as stated in the feasibility
report design capacity.
2. Annually, from the date of commencement of the
placement of waste on the site, the applicant shall
report:
a) Total space in the landfill expressed in
b) The total space remaining in the landfill
tons = TS
c ) The difference of space used from prior
expressed in percentage = RS
years from the current year expressed in
percentage = DS
The percentage of space used in each calendar year
landfill resulting in the net tons placed in the shall be multiplied by the total space of the
Operator shall pay $1.40 per ton of waste placed
landfill for the preceding year. The Applicant/
in the landfill. The $1.40 cost per ton shall be
adjusted annually based upon the Consumer Price
Index, All Urban Consumers, (CPIAUC). The annual
payment would then be based upon the following
formula:
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DS x TS x $1.40 (CPIAUC) = Annual Payment
compaction densities than reported in the
In the event the Applicant achieves greater
Feasibility Report Design Capacity, there will be
no adjustment to the formula. Applicant/Operator
upon making the alternate calculations will pay
any additional sum over and above the sum paid on
the monthly basis to the City of Muskego within
sixty (60) days from the end of each annual year.
The consumer price index (CPI) to be used shall be
the National Consumer Price Index - All Urban
Consumers. However, the annual increase shall not
be less than 4% per annum or greater than 7% per
annum in any calendar year.
8. Direct Pavment to County. From the funds paid under
paragraph 7 "Direct Payment to the City" there shall be deducted
2.5 cents per ton which shall be paid to the County. Calculation
of the 2.5 cents per ton shall be based on the formula set out in
paragraph 7(b). a 9. Records. The Applicant/Operator shall allow the
Standing Committee, the City of Muskego and the County of Waukesha
complete and open access to all of its books, records, documents
and reports relating to volume and type of waste received or placed
in the landfill site. This information shall be available and
provided upon request at all times during normal business
operations.
10. Neaotiatina committee Expenses. The Applicant/
Operator herein agrees to reimburse the City of Muskego and County
of Waukesha for all reasonable and necessary expenses of the local
negotiating committee relating exclusively to the negotiation of
this Agreement, including the fees paid by the County to County
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representatives for attendance at negotiating committee meetings,
and for all other members of the committee the amount of Thirty-
five ($35.00) Dollars per meeting. In addition thereto, Applicant/
Operator herein agrees to reimburse the City of Muskego for all
reasonable and necessary expenses incurred by the committee,
including attorney fees and disbursements, independent consultant
fees and disbursements, and other necessary and related expenses
incurred by the local negotiating committee. Any outstanding
balance not paid during negotiations by Applicant/Operator shall
be paid upon the signing of the Agreement by the City of Muskego.
Applicant/Operator shall be given a credit against the amounts due
and owing under the direct payment to the City for ..I,. ~~&~~&~f;$&~ .... ~,..i ....: ..... ..I: ..~,,;: any
amounts paid for negotiating committee expenses, as defined in this
~ <.:,,
11. MuniciDal ResDonsibilities to Constituents. The
parties to this agreement understand that the City of Muskego and
the County of Waukesha have certain duties and responsibilities to
the health, safety and welfare of the community and to enforce its
laws, ordinances and regulations, and to seek enforcement of
appropriate administrative codes, State and Federal, statutes, laws
and ordinances, and that said responsibilities are responsibilities
that the municipalities cannot waive or contract away.
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Nothing in this agreement shall be construed to limit the
City in passing any enactment or requiring any condition or permit
which is not expressly prohibited by Wis. Stat. 6. 144.445 as it
presently exists or as modified in the future. The City of Muskego
reserves from this Agreement any future rights they may receive by
amendments or deletions to the existing siting laws. All pre-
existing local approvals as defined by 144.445(3)(fm) shall
continue in force with the exception of those specifically waived
by this Agreement. In the event the legislature changes the law
allowing local enactments, regulation and permits, nothing in this
Agreement shall be construed to limit the authority of the City of
Muskego, or County of Waukesha to act under such laws. However,
no law shall be enacted designed to prohibit the continuation of
the landfill until its approved capacity is completed. The
Agreement in other respects shall continue in full force and
effect .
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12. Exception. In the event the Applicant/Operator has
violated either, (a) the terms of this Agreement; (b) a municipal
ordinance not expressly prohibited by Wis. Stat. s. 144.445; (c)
a State of Wisconsin Administrative Code provision; (d) a State of
Wisconsin Statute; (e) a Federal code or regulation, which results
in restraint or stay of operation of the site; the
Applicant/Operator shall be bound by this Agreement to continue
payments on a monthly basis for a period of 90 days. Thereafter,
if the facility becomes operative at a later date payment shall
commence.
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13. Area To Be Served BY Facility. Applicant/Operator
can accept waste only from a source which is legal to accept under
the laws of the State of Wisconsin, as they now exist or as amended
in the future. Failure to comply with the law shall constitute a
breach of this Agreement.
14. Assianment, Transfer and Sale. Applicant/Operator
shall have the right to transfer, sell, lease or otherwise convey
the lands which are the subject of this Agreement to any other
person, entity or corporation, provided that the warranties,
indemnifications and sureties meet the standards set out in
paragraph 16, together with reasonable assurances that said person,
entity or corporation can maintain the warranties, indemnifications
and sureties during the course of this contract.
Applicant/Operator shall not transfer, sell, lease or otherwise
convey the lands which are the subject of this Agreement to any
other person, entity or corporation, nor shall the
Applicant/Operator assign or transfer this Agreement to any other
person, entity or corporation unless such other person, entity or
corporation is controlled by the Applicant/Operator or is under
common control with the Applicant/Operator without said person,
entity or corporation verifying to the City of Muskego and County
of Waukesha its ability to comply with paragraph 15 of this
Agreement.
15. Warrantv. Indemnification and Liability. Applicant/
Operator herein agrees to be responsible for all acts involved in
the construction, operation, closure, and long-term care of the
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landfill site. Applicant/Operator herein agrees to warrant,
indemnify and defend the City of Muskego, County of Waukesha,
l:,:.II -,apl:;:i&*ff, their
representatives, counsel and agents, against all uninsured or
excess claims, demands, suits, damages and legal costs therein,
arising out of the construction, operation, closure, and/or long
term care of the landfill. The parties herein designated shall be
referred to as "Additional Insureds".
Landfill Siting B&~ajjjpc&,&?&tw ::<.:: .... ('.'.'.'.. x.:<.:.??:'.. ". :i
~~,:~:::~~,:.~...:.~::~";:" ;~~~~~~~:;~.-;:~,~~~,~:;~~.,:~,~,,~*:,. ~.~~:~...~,.~.~.~~,.~~~~~:~*~, ..
The Applicant/Operator will provide sufficient surety to
establish its ability to fund the indemnification contained in this
paragraph. The established surety shall be not less than
$1,000,000.00 in excess of any insurance the "additional insureds"
may have insuring them against liability claims and defense costs,
a If "additional insureds" have no insurance insuring them against
liability claims or defense costs, the surety in this paragraph
shall still apply. Nothing in this paragraph shall be construed
to limit the total indemnification provided in the proceeding
paragraph. The $1,000,000.00 shall apply in the first year from
the signing of this contract and shall be increased annually in
each subsequent year based on the NCPIAUC, U. S. Department of
Labor, Bureau of Labor Statistics. The surety shall be as follows:
1. Environmental impairment liabii-ity
insurance which names the Additional
Insureds ;
2. A letter of credit guaranteed and naming
theAdditiona1 Insureds as beneficiaries;
3. Cash escrow account in the names of the
Additional Insureds, as beneficiaries; or
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4. A surety bond naming the Additional
Insureds as beneficiaries.
The surety shall commence on the date of construction.
The NCPIAUC shall apply for each year thereafter until fifteen (15)
years after the date of commencement of landfill activities, at
which time the amount of the fund shall remain constant
continuously thereafter during the period of long term care.
The form of financial assurance shall be deposited with
the City of Muskego prior to the issuance by the WDNR of an
operating license for the landfill or prior to the first act of
physical construction of the landfill. The term of financial
assurance provided under this paragraph shall commence upon
issuance of a WDNR license and continue until the WDNR releases the
financial assurances provided by the Applicantfoperator under Wis.
Stat. s. 144.443. The financial assurance herein shall be separate
from the financial assurance for closure and long term care
required by WDNR.
Any surety bond, environmental impairment liability
insurance or letter of credit, shall provide that such financial
assurance may not be modified without the prior written consent of
the City and County and may not expire, except upon ninety ( 90)
days prior written notice to the City and County. The
Applicantfoperator may convert to another form of surety allowed
under the terms of this paragraph. In the event the landfill
Operator fails to renew such form of financial assurance, or
substitute another form of financial assurance permitted under this
20
paragraph 15, sixty (60) days prior to the expiration of the
existing form of financial assurance, the City or County may call
the entire amount of such surety bond or letter of credit and the
financial assurance contract with the guarantor shall so provide.
~ny cash escrow account shall be held and invested by a third party
escrow agent, acceptable to the landfill Operator, the County and
the City, pursuant to a mutually agreeable escrow contract entered
into by the City, County and landfill Operator.
a
The term "Indemnitee" shall include the City of Muskego,
its employees, agents, counsel and representatives; the County of
Waukesha, its employees, agents, counsel and representatives; the
Siting Committee, its employees, agents, counsel and
representatives; and the Standing Committee, its employees, agents,
counsel and representatives. In the event of any uninsured or
excess claim or demand against Indemnitee as a result of landfill
negotiation, operation, site activity, or closure, the Landfill
shall assume the defense to the extent that there is no policy of
insurance in effect protecting the Indemnitees from liability and
providing a defense. Indemnitee shall, within a reasonable time,
notify in writing the Landfill operator of such claim or demand
specifying the nature of the claim or demand and the amount or
estimate to the extent then feasible (which estimate shall not be
conclusive of the final amount of such claim or demand). This
indemnification, which shall cover in the event of a suit against
the Indemnitees, is not to be construed as a release of any claim
the Indemnitees may have against Applicant/Operator for liability
21
damages, and is not to be construed as a release of any right by
way subrogation which the insurance provider for the Indemnitees
may have by way of subrogation derived from the insured,
indemnitee. Any claim, settlement, award or judgment by way of
subrogation against the Applicant/Operator paid by the insurance
shall not reduce the indemnification provided to the indemnitees
herein.
If the Landfill Operator believes that the claim is not
one for which it has assumed liability, indemnification or surety
under this Agreement, it shall notify the Indemnitee within ten
(10) days or less, if time is of the essence, from receipt of
notice of claim that it will not defend the claim. Such
determination shall be made under this Agreement applying the laws
of the State of Wisconsin as they apply to contracts of insurance,
surety, warranty and indemnification. All disputes shall be
resolved in accordance with Wisconsin law.
Upon an acceptance of the defense, theApplicant/Operator,
hereinafter referred to as "Indemnitor" shall either promptly
undertake all legal means of defense or settle the claim without
any costs of defense, liability or damage to the Indemnitee.
In the event that a claim is lost the Applicant/Operator
shall bear sole responsibility for the payment of any claim. Said
claim shall be satisfied out of the assets of the Landfill
Operator. To the extent the Landfill Operator is unable to satisfy
said claims, the Landfill Operator may pay the claim from the
surety provided. However, nothing herein shall release the
22
Landfill Operator, Indemnitor, for total responsibility for payment
0 of the claim.
16. Liability Protection In General. The Applicant/
Operator will be responsible for injuries, sickness, disease,
damage, personal injury, property damage, property loss, loss in
value of property, whether real or personal, as a result of the
construction, operation, closure and long-term care of the landfill
site. The Applicant/Operator will provide insurance as surety to
cover possible claims. The established insurance or surety shall
be not less than $1,000,000.00 in the form of Environmental
Impairment Liability Insurance, a guaranteed letter of credit, cash
escrow account which balance is maintained, surety bond, or
guarantee of a corporation qualified and licensed to do business
in the State of Wisconsin having a liquid net worth in the State
0 of Wisconsin of at least $2,000,000.00 maintained at all times.
In the event of a desire to transfer the property to any other
entity, said warranty, indemnification, and surety shall continue
in effect unless substituted pursuant to paragraph 15 or otherwise
agreed as acceptable to the Standing Committee and the City of
Muskego. Any change, alteration or substitution of insurance or
surety, shall follow the format set out in paragraph 15 except as
to amount which shall follow this paragraph. In.-addition thereto,
the Applicant/Operator herein certifies that prior to operation it
will have tangible assets of not less than $950,000.00 in land,
will make improvements on the site in an amount of $3,100,000.00,
and the value of tangible assets will be maintained at not less
23
than 1.3 million after depreciation during the active life of the
site. The surety provided shall not be construed as a limit of the
liability of the Applicant/Operator.
17. Covenants Of Landfill Operator Reqardinq Application,
Construction, Use and Operation.
A. RrDes of Waste. The Applicant/Operator shall accept
only the following types of "solid waste" as defined in Wis. Stat.
s. 144.01(15):
1. Municipal solid waste;
2. Non-hazardous industrial waste;
3. Incinerator ash from Waukesha and
Milwaukee Counties.
Applicant/Operator will not accept any hazardous waste as defined
at the present time by NR 181, or as presently defined by Federal
law, and in addition thereto, shall not accept any hazardous waste
to the extent future State or Federal enactments will make the
requirements more stringent. 0
In addition thereto, Applicant/Operator will not accept
any solid waste which exhibits characteristics of a hazardous waste
when the criteria of NR 181.14 of the Administrative Code of the
State of Wisconsin, March 1988, are applied.
Applicant/Operator shall not accept a substance which is
a hazardous waste even if reduced in concentration by mixing with
a non-hazardous substance either on or off the premises.
Applicant/Operator will not accept any solid waste which
contains any portion of a substance which is a "hazardous waste"
as defined in Chapter 181, Administrative Code of the State of
24
Wisconsin, or Federal Law, whichever requirement is more stringent.
Applicant/Operator agrees that no waste will be accepted
from any jurisdiction or entity that does not comply with Wisconsin
Act 335. If said act is amended, changed or deleted its
application will vary accordingly.
B. Hours Of Operation. The Applicant/Operator shall not
conduct any physical operations whatsoever on the site other than
during the hours commencing at 6:30 a.m. to 5:OO p.m., Monday
through Friday, and 7:OO a.m. to 12:OO p.m. on Saturday.
Applicant/Operator shall provide a three-day leachate storage
capacity as part of the design of the site. During the
construction there shall be no physical operation of the site
except between the hours of 7:OO a.m. and 5:OO p.m., Monday through
Friday, and 7:OO a.m. to 12:OO p.m. on Saturday. There shall be
no physical activity or operation on the site on New Years Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day or Easter Day. There shall be no physical activity
or operation on the site on Sundays.
The landfill may be operated from 7:OO a.m. until 5:OO
p.m. on Saturdays following a week in which one of the above listed
holidays occurs, however, this shall not apply to any Saturday
which is part of the holiday weekend.
Under special circumstances either as the result of
adverse weather conditions or where such operation is in the best
interest of the public, the Applicant/Operator shall be allowed to
operate at a time outside of the schedule herein imposed upon
25
obtaining the approval of the Chairman of the Standing Committee.
If the Chairman denies the approval, the Applicant/Operator may
make such request to the entire Standing Committee and have
available the normal procedures as outlined under the Standing
Committee, Exhibit "B" .
C. Traffic Matters. The Applicant/Operator shall pave
all site roads with concrete or asphalt to a distance of 800 feet
from State Highway 45. Applicant/Operator shall provide such
gravel as necessary to the active area of the landfill site. The
service shall be of such a character and shall be maintained in a
fashion to abate dust. Applicant/Operator shall comply with all
State, County and Municipal directives concerning traffic controls,
site access and traffic safety considerations and shall pay such
expenses as necessary to create an appropriate traffic pattern in
compliance with State, County and Local approval and requirements
and shall follow such directives concerning access routes to the
site by Applicant/Operator and waste haulers. As to County and
City ordinances and resolutions, the Applicant/Operator will follow
such directives to the extent that such directives are not
arbitrary or discriminatory.
The Applicant/Operator shall keep the roads on the site
in a good state of repair during construction of the landfill and
during the life of the landfill site and after closure for as long
as the road is used on the site. The Applicant/Operator shall
agree to apply water calcium chloride and such other dust
suppressants as needed in the area adjacent to the on site roads.
26
The determination of need shall be made by the Standing Committee
or their designated representative.
D. ComDliance with ADDlicable Law. The Applicant/
Operator will comply at all times with the terms of this Agreement
and shall operate the site at all times in compliance with local
ordinance8 to the extent such ordinances are not in violation of
Wis. Stat. s. 144.445. The Applicant/Operator agrees to comply
with State Codes, Administrative Codes and Regulations, State
Statutes, and Federal Regulations and Codes. Any failure to comply
with the aforesaid shall constitute a violation of the Agreement.
E. Environmental Monitorinq. All environmental
monitoring shall be in accordance with NR 508 or as set forth in
the feasibility study whichever is more restrictive and plan of
operations approvals for the landfill, and shall, at a minimum
include:
ODerational Ground Water and Surface Water Monitoring
A. SamDle Locations
1. Monitorinq Wells
MW-3A and B
MW-4A, B and C
MW-5A and B
MW-8A and B
MW-13A, B and C
MW-14A and B
MW-16A and B
MW-18A and B
2. Gradient Control System
At inclined lift station
3. Surface Water
At the sedimentation basin outlet
21
B. SamDlinu Parameters
1. Quarterly sampling parameters
Field Temperature
Field Conductivity
(Field at 25'C)
Field pH
Alkalinity
cod
Hardness
Chloride
Dissolved Iron
Total Suspended
Sediment
basin only)
(Sedimentation
2. Annual Sampling Parameters
(VOC) SCAN using EPA methods 601 and 602
Parameter
Bromodichloromethane
Bromoform
Bromomethane
Carbon tetrachloride
Chlorobenzenz
Chloroethane
2 - Chloroethylvinyl ether
Chloroform
Chloromethane
Dibromochloromethane
1,2 - Dichlorobenzene
1,3 - Dichlorobenzene
Dichdlorodifluoromethane
1,4 - Dichlorobenzene
1,l - Dichloroethene
1,2 - Dichloroethane
1,l - Dichloroethane
trans - 1,2 - Dichloroethene
1 , 2 - Dichloropropane
cis - 1,3 - Dichloropropene
Methylene Chloride
trans - 1,3 - Dichloropropene
Tetrachloroethene
1,1,2,2 - Tetrachloroethane
1,1,1 - Trichloroethane
1,1,2 - Trichloroethane
Trichloroethene
Vinyl chloride
Trichlorofluoroemethane
Chlorobenzene
Benzene
1,3 - Dichlorobenzene
1 I 2 - Dichlorobenzene
1,4 - Dichlorobenzene
Ethylbenzene
Toluene
28
C. Water Level Measurements
At all monitoring wells and in gradient
control system.
D. Frecruency
Monitoring wells: Quarterly or Annually
During Operation as Noted
Sedimentation Basin: Once a year while
discharging.
Sampling shall continue for the designated
parameters even if the DNR determines in the
parameters is not required.
future that sampling for one or more of such
of Natural Resources or the Environmental
If at any time it is determined by the Department
Protection Agency that additional environmental
monitoring requirements are needed, the
Applicant/Operatorwill immediatelycomply. Such
of the Landfill.
to groundwater, leachate, gas or other features
F. Future Environmental Considerations. Applicant/
Operator herein agrees that all monitoring procedures and all
operation procedures which constitute the latest state of the art
will be employed in order to insure the health, safety and welfare
of the community, and the natural environment. As new methods of
monitoring and operation become available, Applicant/Operator
herein agrees to employ the same without reservation.
An annual review of the most advanced methods of
monitoring and operation shall be undertaken by the Applicant/
Operator, Standing Committee, and the Standing Committee
Consultant, and a report of such methods shall be compiled.
Applicant/Operator herein agrees that all monitoring procedures and
all operation procedures which constitutes the latest state of the
29
art will be employed. As used herein the term "state of the art"
shall be the latest and most sophisticated or advanced stage of
technology recognized to be effective to a reasonable degree of
scientific probability and acceptable to the Wisconsin Department
of Natural Resources.
Applicant/Operator agrees that it will prevent the
emission into the ambient air of any substance or combination of
substances which will cause either an objectionable odor or
interpose a danger to the health, safety and welfare of the natural
and human environment. Upon complaint to the Standing Committee
by any three (3) individuals or any municipality, the Standing
Committee shall exercise its powers of review and implement the
procedures outlined in this Agreement to the extent it is deemed
appropriate concerning such problems. The Applicant/Operator
@ herein agrees to cooperate with and follow the directives and
mandates of the Standing Committee, Wisconsin Department of Natural
Resources, and the Federal Environmental Protection Agency.
G. Waste Stockpiling. The Applicant/Operator shall not
stockpile any waste and all waste shall be covered daily, except
as provided under "Recycling".
H. Odor Abatement. The Applicant/Operator agrees to
control odor from the landfill. All odorous -materials shall be
buried as soon as they are received at the site and shall not be
disturbed thereafter. The Applicant/Operator shall apply daily
cover to all solid waste. An active gas system will be built into
each phase and will be activated after final cover is installed on
30
each phase. The Applicant/Operator agrees to implement an active
state of the art gas and odor control system at the landfill for
a period of not less than thirty (30) years after the site has been
completely closed. The Standing Committee shall have the right to
review the plan of operations including the gas control system, at
the time it is submitted to the Department of Natural Resources for
approval.
I. Dust Abatement. The Applicant/Operator shall
adequately gravel all non-paved roads and roadways within the
designated landfill area. These roads and roadways shall only be
in the immediate vicinity of the active area of the site.
Applicant/Operator shall agree to apply water, calcium chloride and
other dust retardants as needed. In the event of a dispute the
Standing Committee shall determine need. Applicant/Operator agrees
to maintain a vegetative cover on all areas which are disturbed and
not being actively used, and in addition thereto, on all berms
constructed around the perimeter of the site.
J. Blowina Debris Control.
In addition to a berm and appropriate fencing around the
perimeter of the site, the Applicant/Operator shall:
i.
ii.
iii.
Install additional windbreaks (trees
and shrubs.
The Applicant/Operator will use
portable fencing windscreens in the
active areas of the site.
The fencing which will be used as
controls will be cleaned of litter and
debris daily, and returned to the
active area for disposal. Further, if
any litter escapes the landfill, the
31
Applicant/Operator agrees to pick up
prior permission of the owners, and
litter on neighboring property with
disposal.
return it to the active area for
iv. During windy weather, the Applicant/
Operator will:
a. maintain the disposal area in
well-screened areas.
b. compact the waste loads
immediately after waste is
deposited.
c. apply liberal quantities of
cover soil.
In addition, Applicant/Operator agrees to comply with
all provisions of NR 504.05(10)(a) regarding fences and windblown
debris control.
K. Landfill Vector Control. The Applicant/Operator e agrees to control pests or vectors through proper compacting and
covering the waste and grading of the site to eliminate ponded
water, and by implementing proper rodent baiting program inside
the fenced area.
The Applicant/Operator further agrees to pay for a
professional pest control specialist to regularly monitor the site
no less than four times per year.
L. Mud Trackinq. The Applicant/Operator agrees to
maintain the paved entrance free of mud tracked from vehicles from
the landfill. This will be done by maintaining graveled access
roads inside the site and sweeping or washing down paved roads
inside the site.
32
M. Drainaqe and Erosion Control. The Applicant/
Operator agrees to submit final drainage and erosion control plans
for approval by the Waukesha County Soil Conservation Service, and
agrees to provide copies to the Standing Committee, the Clerk of
the City of Muskego, and the Clerk of the County of Waukesha.
18. Contested Case Hearinq. For and in consideration of
the consummation of this Agreement, the City of Muskego agrees to
dismiss the contested case hearing concerning the feasibility
report, and the City further agrees not to commence any contested
case procedures against the Applicant/Operator concerning the plan
of operation and/or licensure of the landfill or to petition for
judicial review of the Wisconsin Department of Natural Resources
decision pertaining to the feasibility report, plan of operation
and/or licensure of the landfill. In addition, the City of
Muskego agrees to withdraw from the pending litigation challenging
either environmental impacts, assessments or feasibility of the
proposed landfill.
the area defined in Exhibit "C", attached hereto and incorporated
herein by reference, shall be eligible for property protection as
follows :
A. The owner shall cause all or a part of their
property to be listed for sale at an amount not
their property tax statement as of December 31,
less than the fair market value as calculated on
1990, plus 10% of that amount. This figure
shall increase annually based on the Wisconsin
33
Department of Revenue, Index of Economic Factors
property shall be listed for a period equal to
for like property in the City of Muskego. Said
the average listing time then prevailing as
recorded by the Milwaukee Realtors Multiple
Listing Service, however, not to exceed 150
days. If at the expiration of that period of
time the property has not sold at the value
Applicant/Operator to pay them the 1990 fair listed, the property owner may request the
market value as listed on the real estate
property tax statement, plus lo%, plus the Wisconsin Department of Revenue, Index of
be eligible the property owner(s) may list the
Economic Factors for like property. In order to
property themselves but must advertise it in a
newspaper of general circulation not less than
twice per week. The property owner( s) may
choose to use a real estate broker and all
advertising and promotion shall be at the
discretion of said real estate broker.
All property owners within the area above
described, to be eligible for said relief, must
have owned the property on or before December
owned '.said property before December 31, x:3%,%
3 1, ;29g:o ,.:....:. ~.,:,,< .:,.; however if the property owner( s) who
made a transfer-
a) to a spouse,
b) to a parent,
c) to a child,
d) to a step-parent or step-child,
e) to a son-in-law or daughter-in-law,
al solelv in order to Drovide a release for
f) to a trust, trustee, principal or agent,
- iT:i*.,.,."
(-I
(h) by Will, decent or survivorship,
security, debt, or obligation, ..
such rights as the principal owner(s) holding the
property before December 31, $99@ shall transfer to
any new owner under such provlsions and upon their
sale they may exercise the option herein stated.
Ownership as defined in this section of the
Agreement shall include any contract or lease with
option to purchase.
.i.:,;.ii.: ..,.
34
Applicant/Operator shall not be responsible for the If property is destroyed by any cause, the
Applicant/Operator shall not be required to purchase
It is herein agreed and understood that the
more than five (5) properties in any given calendar
year. The order of acquisition of said properties
shall be based on the order of date that said
property is first advertised or listed for sale.
B. All property owners within the area above described.
C. Property protection shall commence if the Applicant/
Operator obtains a favorable determination of
site feasibility has been concluded or waived by a
feasibility and if all litigation on the issue of
lapse of time or settlement. Eligibility shall
has been accepted into long term care by the
continue for five (5) years after the landfill site
Wisconsin Department of Natural Resources.
The term "Wisconsin Department Of Revenue, Index of Economic
Factors" as herein used refers to an annual adjustment based on
the percentage of change in stated value of Class T properties in
on Wisconsin Department Of Revenue, Bureau of Property Tax
the City of Muskego resulting from "economic change", as reported
"Statement of Changes in Merged Equalized Value by Type of
Change." For reference, the adjustment for the years 1985 through
1990 would have been as follows:
Equalized
Chanue From Chanue To Value Chnnue Chanqe
Economic Percent
1985
1987
1986
1986 $406,627,100
1987
[$12,814,000)
401,919,900
-3.15%
6,072,000
1988
1.51%
415.688.300 28.087.000 6.76a ~~ ~~ ~~. ~~. 1988 1989
1989
457,219,100
1990 499,618,500 34,817,200
18,574,900
6.978
4.069
.~~"
35
20. Socioloaical ImDacts. City of Muskego recognizes
-@ that the landfill will have an impact on the quality of life of
certain residential properties listed on Exhibit "E" hereto
attached. City of Muskego will pay 15% of the total funds
received annually by the application of the direct payment or
formula payment, whichever is larger, divided equally on the basis
of the number of residential units listed on Exhibit "E" hereto
attached and incorporated by reference. "Residential Property"
shall include all properties zoned residential with a residence,
and all agriculturally zoned properties which contain a residence.
To be eligible, the owner must have owned the property.on August
1, 1990. The amount received, 15%, shall be divided by the number
of residential properties listed on Exhibit "E". In the event of
a transfer of ownership the payment shall run with the land. The
payment shall continue as long as funds are received by the City
from the Applicant/Operator under this Agreement. Any residences
constructed after August I, 1990 shall not be added or included in
this sociological impact provision. From the first payments made
by the Landfill, by Applicant/Operator, all said funds shall apply
to pay-off the negotiating committee expenses first before this
paragraph will become effective. In the event Applicant/Operator,
or any other landfill company, acquires :~~.~~~~~~~.~~~~;:~~gn
eligible residential property they shall not qualify to
participate in the division of proceeds under this paragraph
regardless of the use being made of the property.
.................... ..,...,...,.,,.,.., I.I .,... ~ ......................... ~:~ ..... ..^..i.i.i.,~(I; ~
+,:i."*.x.>" ...* ~:-~~" ~..~*~~*
36
21. Recvclina Aureement. The Applicant/Operator shall
attempt to make a reasonable effort to recycle materials at the
site. All recycling activities shall take place at a separate
location on the site away from the daily landfill operations. All
recycling operations shall be conducted in a separate covered
building or all recyclable materials shall be stored in containers
that may be closed at the end of each days operation.
Applicant/Operator agrees to follow all future rules and
regulations regarding recycling that may be imposed by State,
Applicant/Operator shall be allowed to compost subject to future
rules and enactments for approval. To the extent the City of
Muskego has any authority it may regulate composting, however such
0 approval shall not unreasonably be withheld.
22. Limitations on Future DeveloDment. The Applicant/
Operator herein agrees that it will not own, operate or develop,
acquire or expand any other landfill site in the City of Muskego,
whether such site be non-hazardous or hazardous. This shall apply
to Creative Resource Ventures, Ltd., all corporations and
individuals holding stock in Creative Resource Ventures, Ltd.,
Emerald Park, Inc. Said corporations and individuals will sign an
authorization allowing Emerald Park, Inc., by the signing of this
Agreement, to bind them to this provision. Nothing herein shall
be construed to limit or grant future expansion of the subject
site.
37
23. Miscellaneous Conditions. The terms of this
Agreement shall be incorporated upon the granting of a zoning
change as terms of the conditional uses under the zoning of the
City of Muskego. The Agreement, upon the signing, shall become
effective upon the granting of a zoning change.
The Applicant/Operator shall give a minimum of sixty
(60) working days notice to the City of Muskego and the Standing
Committee prior to the start of construction of any new cells on
this site. Applicant/Operator may remove such clay as is
necessary from the site for the construction of the landfill. No
other clay shall be removed from the landfill site without the
expressed written permission, or under the rules and ordinances,
of the City of Muskego.
24. ADDlicable Law. The laws of the State of Wisconsin
shall govern the terms of this Agreement.
25. Failure To ComDlv With Aareement.
If the Applicant/Operator fails to comply with the
Agreement, the City of Muskego, County of Waukesha, Citizens
Affected, or the Standing Committee, either jointly or severall;,
shall have the right to pursue all remedies under the Agreement,
and in addition thereto, shall have the right and standing to
pursue all remedies at law or at equity.
To the extent costs and disbursements and attorney fees
are expended by the City of Muskego, County of Waukesha, Citizens
Affected, or the Standing Committee, either jointly or severally,
the Court shall have the right to award such fees as are just and
38
equitable under the circumstances.
Nothing in this section is to be construed to override
the option of the Standing Cormnittee to exercise authority under
the Standing Committee Procedures.
26. Local ADprOValS. Applicant/Operator and City
acknowledge that there are local approvals which pre-existed all
notices by Applicant/Operator in accordance with the provisions of
144.445 as "local approvals" are defined. It is understood by and
between the parties that local approvals not expressly waived,
modified or changed by this Agreement shall continue in full force
and effect.
27. Termination of Certain ParaaraDhs Upon Closure of
Site. The provisions of the following paragraphs shall terminate
when the active fill operation at the Landfill Site ceases. Those
paragraphs are as follows: 4(c) and (d), 5, 7, 8, 10, 12, 13, 14,
17((a), (b), (c) and (g), 18, 20 and 21. All the remaining
paragraphs of the Agreement shall survive the closure of the site.
Dated this day of , 1991.
ElIERALD PARK, INC.
By :
President
By :
Secretary
39
Dated this day of , 1991.
CITY OF MUSKEGO
By:
Mayor
By :
Clerk
40
APPENDIX
EXHIBIT:
A Map Depicting Site
B Standing Committee Procedures
C Well And Property Protection Area
D Site Survey With Fence Outlined
E Properties Eligible For Sociological Impact Funds
F Sanitary Sewer Service Construction Parameters
I Exhibit "A"
Each public member of the committee shall serve a term
of three (3) years. There shall be no prohibition to reappointment
of members of the committee for successive terms. The city shall
be allowed to initially stagger the terms of the three (3)
appointees. The committee shall elect from amongst its members an
individual to function in the capacity of chairperson; however, the
chairperson of the committee. The chairpersons of the committee representative of the landfill operator shall not serve as
shall have the right to vote on all issues brought before the
committee. The Applicant/Operator shall designate a representative
to fill a three (3) year term; however, the designated
representative may give a proxy to another party, employee or
representative of the Applicant/Operator who may act at the meeting
under said proxy with the complete authority of the representative
of the landfill designated on the committee.
C. Replacement and Removal.
appointed by the City and County or the Applicant/Operator may
A committee member
voluntarily resign at any time, and any committee member appointed
by the city shall automatically be removed from the committee
effective from the date that member no longer resides in the area
as above stated. Upon the occurrence of either, the city, or if
applicable, the county shall promptly appoint a replacement.
good cause and upon a €our/fifths (4/5ths) vote of the entire
Any committee member may be removed by the committee for
committee.
EXHIBIT "B"
STANDING COMMITTEE PROCEDURES
STANDING COMMITTEE:
A. Purpose. The City of Muskego (herein referred to as
the "City"), the County of Waukesha (herein referred to as the
"County"), and Emerald Park, Inc. (herein referred to as the
"Applicant/Landfill Operator") agree to establish and participate
closure and long-term care of the landfill site.
in a committee to regulate and monitor the construction, operation,
either economic or otherwise, affecting their ability to serve the
B. MembershiD. Any party having a conflict of interest,
best interests of the health and safety of the human environment
by virtue of anticipated or pending negotiations for the sale of
land, goods or services to, or the receipt of such from the
landfill operator shall not be appointed to the Standing Committee.
This shall not apply to the Applicant/Operator's representative.
1
r~ a for the purpose of transacting all business before the committee.
D. Quorum. Three (3) members shall constitute a quolum
E. Documents. Copies of all technical reports and
monitoring data supplied to the Federal Environmental Protection
Agency or the State of Wisconsin, Department of Natural Resources,
by the Applicant/Operator pertaining to the landfill site described
herein shall be provided free of charge to each member of the
committee.
F. Meetinas. The committee shall establish a schedule
of meetings for the purposes of review, explanation and discussion
of said technical data and the status of the landfill site
construction, operation, closure and long-term care. Special
meetings of the committee may be called by any member of the
committee upon five (5) days written notice for the purpose of
addressing any issue of concern involving the landfill site
construction, operation or closure. Upon the occurrence of an
condition, a special meeting may be called with less than five (5)
event deemed by any committee member to constitute an emergency
days notice, provided due diligence is undertaken in an attempt to
reach each member personally. The public may attend any committee
meeting: however, to the extent not required by law, Wisconsin
Statutes Chapter 19 shall not apply. "Due diligence" shall be
be personally delivered or sent by certified mail (with a receipt
complied with when any notice called for by this agreement shall
evidencing notice prior to the meeting) to all members at the
address listed by them with the committee. e
G. Committee Responsibilitv. The committee shall have
of the landfill site or shall have the right to designate a
the right and responsibilityto conduct periodic on-sit inspections
representative to undertake the inspection. However, the committee
apparent authority on the site and advise said employee of any on-
or representative shall contact the employee in authority or
committee members the landfill site or operations at the site are
site inspection. If in the judgment of the majority of the
not in compliance with the provisions of this agreement, the
committee shall have the right to serve notice of non-compliance
directive shall be in writing at which time the Applicant/Operator
specifically stating the violation by the Applicant/Operator. Such
shall either correct the violation forthwith or indicate in writing
any objections it has to the committee's decision.
H. Emeraencv Authoritv to Committee. Certain landfill
site conditions, such as dust, noise, odor and debris, can present
be taken to cause the condition to cease and desist. Upon
an immediate noxious condition requiring that emergency measures
complaint to the committee, the committee may immediately
by majority vote, there is a violation of a condition of this
investigate the landfill condition. If in the committee's opinion,
Agreement, the committee shall immediately inform the
2
'e Applicant/Operator to correct the violation. If said violation is
not immediately corrected the Applicant/Operator agrees to comply
with orders of the Standing Committee to either correct or cease
operation for a period of not less than one (1) day with the
days. Nothing herein shall be construed to limit or prevent the
exception of Friday and Saturday which shall not exceed three (3)
City of Muskego from exercising its rights under the Safety
Ordinances if there is a threat to public health or safety.
In the event of a special meeting of the committee if the
majority of the committee determine there is a violation and the
Applicant/Operator refuses to correct said condition, the committee
by its appropriate representatives may bring an action in the
Waukesha County Circuit Court, including an action for temporary
injunction, restraint, mandamus or may seek any other relief at law
or equity. Nothing herein shall limit the City of Muskego, or
County of Waukesha, to otherwise enforce this Agreement.
In the event that said injunction, order or mandamus is
granted or that the committee is successful concerning said
actual attorney fees incurred to bring said action. Nothing herein
litigation the Applicant/Operator shall pay the standing committee
shall require the chairperson or the committee to take Court action
if they deem appropriate another course of action, either under
this Agreement of otherwise.
e the construction, operation, closure and long-term care of the
I. Committee Powers. In the event of a complaint during
landfill site which is brought to the attention of the committee,
the committee or designated representative shall have the right to
with said investigation. Upon a determination that there is no
investigate the complaint. The Applicant/Operator shall cooperate
violation, or that said condition has been corrected to the
committee shall so advise the complainant. There shall be no
satisfaction of the committee at the time the committee meets, the
further responsibility on the committee to act concerning said
committee concerning any alleged violation by the landfill
issue. The public shall have the right to speak before the
Applicant/Operator.
In the event the committee determines by majority vote
that there is a violation, the committee shall order the
Applicant/Operator to bring the landfill site into compliance
within a reasonable time. The Applicant/Operator shall have a duty
to cooperate with the directive of the committee. For a second or
continuing violation of a same or similar nature the committee
shall have the right to fine the operator. However in no event
This shall not limit any other rights of the committee or the
shall the fine exceed $400.00 per day for each day of violation.
municipalities under the terms of this agreement.
,- shall disagree with the order or directive of the committee under
J. Riaht to Review. In the event the Applicant/Operator
paragraph I, the Applicant/Operator shall have the right to appeal to arbitrators appointed by mutual consent of the parties. The
arbitrators shall determine (a) whether or not the committee has
were arbitrary and capricious, or (c) whether or not the
abused its discretion, or (b) whether or not the committee actions
committees' actions were based on substantial facts in the record.
Applicant/Operator agrees to be bound by the determination of the
arbitrators.
All hearings shall be open to the general public who
shall have the right to address the hearing examiner.
In the event the arbitrator determines the actions of the
committee were in violation of the aforesaid standards, the
either dismiss the complaint or remand the matter to the committee
arbitrator may enter such findings as he deems appropriate, and
for further proceedings not inconsistent with his ruling. In the
event the arbitrators determine the findings of the committee were
not (a) an abuse of discretion, (b) arbitrary or capricious, or (c)
the committees' actions were based on substantial facts in the
Applicant/Operator.
record, the order of the committee shall be binding on the
Arbitrators shall be appointed as follows: Each party
shall select an arbitrator. These two arbitrators shall select a
third arbitrator. Upon hearing and review the three arbitrators
shall decide any issues brought before them. In the event the
decision of the arbitrators cannot be unanimous, majority shall
rule.
e
K. Form of Proceedinas Before the Committee. All
proceedings before the committee may be informal, however, if the
operator or complainant requests, said proceedings shall be
conducted in a format comparable to a contested case hearing. The
own motion. Minutes of the proceedings shall be kept by a
committee shall have the right to adopt a formal procedure on their
secretary appointed by the committee.
be entitled to the swearing of witnesses, the presentation of
Specifically, the complainantorApplicant/Operator shall
testimony, the transcription of the proceedings, the right to
writing and shall include findings of fact and orders which shall
cross-examine witnesses, the findings of the committee shall be in
specify the contractual, ordinance, code, or law violation upon
which the determination of the committee is made. If no request
for such procedure is made either by the complainant or the
Applicant/Operator under informal proceedings, the committee shall
nevertheless reduce its findings, determination or order to
writing.
4
the local committee with the names, addresses and telephone numbers
L. Contact Person. The Applicant/Operator shall supply
of three representatives of the Applicant/Operator, one of whom
shall be available at all times, including weekends, holidays, and
non-operative hours. Each of the three parties, individually,
shall have complete authority to act and bind the
Applicant/Operator concerning all matters contained in this
Agreement and relevant to issues involving the landfill site.
December 18, 1990 ‘a
EXHIBIT C
Property and Well Protection Area
All residents within the area defined as follows:
All that part of Section 25, 26, 35 and all of Section 36,
Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows:
Westerly on Union Church Road, and the South line of
Beginning at the Southeast corner of Section 36; thence
Sections 35 and 36 to a point of the West l/8 line of
Section 35; thence Northerly along said 1/8 line to a point
along the centerline of Thode Road to a point 200 feet North
of intersection with Thode Road: thence continuing Northerly
a line 200 feet parallel to the North right-of-way line of
of the centerline of S.T.H. 1’3618; thence Northeasterly along
S.T.H. I136l1 to a point of intersection with the East line of
Section 25, said point being 200’ North of S.T.H. 183611:
thence Southerly along the East line of Sections 25 and 36
to the point of beginning. e
NOTE: Attached hereto see pocket part identified as Exhibit C-1, an
description above described. aerial photograph showing the boundaries contained in the legal
WWJ NIXI? ROCKWWD DHlVE
1414132-5733
WALIKESHA. WISCONSINillW1II:I
FAX 14141 X-:Xdl
EXHIBIT D
EXHIBIT "E"
w R,. 08-Apr-PI
Property Protection List for Emerald Park Area
List
No.
1
2
3
4
5
6
7
8
9
10
Tax
Key
No. Shares
2257 975
2257 985
2257 986
2257 987
2257 989
2257 990
2257 991
2257 992
2259 980
2259 981
Name &
Address
Margaret Ann Ivers
S98 W12532 Loomis Road
Muskego, Wisconsin 53150
Clarence J. Wagner
5835 S. 108th Street
Hales Corners, Wisconsin 53130
Margaret L. Slak
S98 Wl2772 Loomis Drive
Muskego, Wisconsin 53150
Karl L. & Dawn Brieu
S98 W12808 Loomis Road
Muskego, Wisconsin 53150
LaVerne I, Bartes
S98 W12878 Loomis Road
Muskego, Wisconsin 53150
Mark A. Weissbrodt
S98 W12904 Loomis Road
Muskego, Wisconsin 53150
Marilyn Canfield
S98 W 12932 Loomis Road
Muskego, Wisconsin 53150
John F. Eckstein
S98 W12970 Loomis Road
Muskego, Wisconsin 53150
Robert C. Boehm
W124 SI0227 S. 124th Street
Muskego, Wisconsin 53150
Sylvia Petroviak
W124 SI0077 S. 124th Street
Muskego, Wisconsin 53150
1990
Assessed
Value
72,200
60,500
82,700
64,800
76,900
63,400
1990
Market
Value
83,993
70,382
96,208
75,384
89,460
73,755
1990
Va'lue
+ 10%
92,392
77,420
105,828
82,922
98,406
81,131
52,500 61,075 67,182
88,600 103,071 113,378
76,700
141,500
89,228
164.611
98,150
18 I .073
* This property is a residential duplex located in commercial zoned area included by mutual agreement
EMWN.DP
08-AprVl RgS 2
Property Protection List for Emerald Park Area
Tax
List Key
No. NO. Shares
Name &
Address
1990 1990 1990
Assessed Market Value
Value Value + 10%
11 2259 982 I Claude A. Eigenberger 62,500 72.708 79.979
S99 W13201 Loomis Road
Muskego, Wisconsin 53150
12 2259 983 1 Norman Jug 70,000 81,433 89,577
S99 W13277 Loomis Drive
Muskego, Wisconsin 53150
13 2259 985 1 Gerald Martins
2259 984 SlOO W13399 Loomis Drive
Muskego, Wisconsin 53150
14 2259 986 1 Joseph Len=
SlOO W13421 Loomis Drive
0 Muskego, Wisconsin 53150
15 2259 987 1 John Wertz
SlOO W13449 Loomis Drive
Muskego, Wisconsin 53150
16 2259 988 1 Barbara L. Tesch
Sl00 W13475 Loomis Dr
Muskego, Wisconsin 53150
17 2259 989 1 Larry & Connie Lossman
SlOO W13497 Loomis Road
Muskego, Wisconriu 53150
18 2259 990 1 Donald Dibb
SlOO W13547 Loomis Drive
Muskego. Wisconsin 53150
19 2259 992 1 RusselVDonna Jankowski
~102 ~13815 LOO~~S Drive
Muskego, Wisconsin 53150
20 2259 993 001 1 Alice L. Marold
0 . SI02 W13945 Loomis Drive
Muskego, Wisconsin 53150
1,200 1,396 1,536
68,800
71,600 83,295 9 1,624
71,300 82,946 91,240
75,700 88,064 96,871
83,300 96,906 106,596
7 1.900 83,644 92.008
142,600 165,891 182,480
99,100 115,286 126.815
a
Property Protection List for Emerald Park Area
Tax
List Key
No. No. Shares
21 2259 995 1
22 2259 995 001 1
23
24
25
26
27
28
29
7 1,300 82,946 9 1,240
2259 996 I
2259 997 I
2259 999 1
2260 989 1
2260 993 1
2260 994 1
2260 995 1
1990 1990 1990
Name & Assessed Market Value
Address Value Value + 10%
Loretta Jung 71,700 83,411 91,752
S99 W13259 Loomis Drive
Muskego, Wisconsin 53150
Jeffrey & Kathleen Arbmger
S99 W13381 Loomis Drive
Muskego, Wisconsin 53150
Verner L. Lund
SI00 W13510 Loomis Drive
Muskego, Wisconsin 53150
DanieliLynn Fischer
Sl00 W13474 Loomis Drive
Muskego, Wisconsin 53150
Eugene & V Schultz
Sl00 W13402 Loomis Drive
Muskego, Wisconsin 53150
Edmund Malkowski
W124 S10293 S. 124lb Street
Muskego, Wisconsin 53150
Robert I. White
S99 W12953 Loomis Drive
Muskego, Wisconsin 53150
Ronald Peuse
S99 W12917 Loomis Road
Muskego, Wisconsin 53150
Gene & Karen Lang
S99 W12897 Loomis Road
Muskego, Wisconsin 53150
70,100 81,550 89,705
63,300 73,639 8 I ,003
66,000 76,780 84,458
38,800 45,137 49,651
74,800 87,017 95,719
60,400 70,265 77,292
61,400 71,429 78,571
EMERNDP
Property Protection List for Emerald Park Area
Tax
LIS t Key Name &
No. NO. Shares Address
1990 1990 1990
Assessed Market Value
Value Value + 10%
30 2260 996 1 Ellsworth W. Brace 58,300 67,822 74,604
S99 W12857 Loomis Road
Muskego, Wisconsin 53150
31 2260 997 1 David E. Koopmeiners
S99 W12817 Loomis Road
Muskego, Wisconsin 53150
32 2260 998 1 Evelyn/Margaret Krause
W125 59905 North Cape
Muskego, Wisconsin 53150
33 2297 993 1 Dale & Maureen Martin
S103 SI4578
Muskego, Wisconsin 53150
34 2297 994 1 Thomas P. Campbell
S103 W14697 Loomis Drive
Muskego, Wisconsin 53150
35 2297 994 001 1 lack Lyman
S103 W14727 Loomis Drive
Muskego, Wisconsin 53150
36 2297 995 1 Charles Wriedt
5102 W14459 Loomis Drive
Muskego, Wisconsin 53150
37 2297 998
2297 999
2 Donald L. Albrecht
S103 W14305 Loomis Drive
Muskego, Wisconsin 53150
38 2297 999 01 1 Allan & K. Albrecht
S103 W14363 Lwmis Drive
Muskego, Wisconsin 53150
39 2298 978 1 N.J. Sobieski
0 SI03 W14823 Loomis Drive
Muskego, Wisconsin 53150
70,600 82,131 90,344
89.600 104,235 114,658
62,400 72,592 79,851
82,600 96,091 105,700
82,700 96,208 105,828
81,200 94,463 103,909
248,800~. 289,437 318,381
89,100 103,653 114,018
69,800 81,201 89,321
Property Protection List for Emerald Park Area
Tax
List Key
No. No. Shares
40 2298 979 1
41 2298 980 1
42 2298 981 001 1
43 2298 997 001 1
44 2299 999 1
45 2300 999 1
2303 996
46 2301 997 1
47 2302 999 1
2302 997
48 2303 997 I
49 2303 998 1
Name &
Address
Robert & Sharon Skiff
S104 W15043 Loomis Drive
Muskego, Wisconsin 53150
Wieselmann Tmst
S104 W15169 Loomis Drive
Muskego, Wisconsin 53150
Mayme Wieselmann
SI04 W15169 Loomis Drive
Muskego, Wisconsin 53150
Daryl & Barbara Condon
S104 W15020 Loomis Drive
Muskego, Wisconsin 53150
Anton Starich
SI 10 W 14800 Un’N Church
Muskego, Wisconsin 53150
Harvey & Jacqueline Schweitzer
SllO W14230 Un’N Church
Muskego, Wisconsin 53150
R & D Mitelstaedt
7620 E. Wind Lake Road
Wind Lake, Wisconsin 53185
Jos. Leslie Cronin
SI03 W13999 Loomis Drive
Muskego, Wisconsin 53150
Frank Geboy
1 I1 S. Elm Grove Road
Brookfield, Wisconsin 53005
Mary Addy Anderson
SI10 W13458 Un’N Church
Muskego, Wisconsin 53150
1990
Assessed
Value
59,400
1990
Market
Value
69,102
RIO J
1990
Value
+ 10%
76,012
58,300 67,822 74,604
69,100 80,386 88,425
65,000
51,500’
122,700
58,400
164,300
75,617
59,912
142,741
67,939
191,135
83,178
65,903
157,015
74,732
210,249
69,700 8 1,084 89,193
92,900 108,074 118,881
Value adjusted to reflect 20 rather than 10 acres.
OP-Apr-91
Property Protection List for Emerald Park Area
Tax
Key List
1990 1990 1990
Assessed Market
No. No. Shares Address Value Value + 10%
Value Name &
50 2304 998 1 Elizabeth Johnson 108,700 126,454 139.100
2304 W. National Avenue
Milwaukee, Wisconsin 53204
51 2299 996 1 Ralph Louchbaum 113,800 132,387 145,626
SI10 W14718 Union Church Road
Muskego, Wisconsin 53150
52 2264 998 2 Marvin Pellman 179,100 208,353 229,188
2264 988 001 SI02 W14043 Loomis Drive
Muskego, Wisconsin 53150
Total Shares 54
Emv.ld RI 08-Apr-91 .
Adjusted values are a projection based on increases of 2.5% each year.
List
NO.
1
2
3
4
5
6
7
8
9
10
.i991 1992 ,1993; 1994 1995
Adjusted Adjusted Adjusted Adjusted Adjusted:
.Value Value . value. Value Value
'94,im .97,069 99;49.6 .10ii983 :104;533
79,355 81,339 83,373' '85,457, '87;593
,108,474 111;186. i13.965 116,815 .I 19.735.
:i4;995. 87,120 89,298, 91,531 93,819
: ioo,866 1oj,388 105,973 108,622 1.1:1,338
'83;i59 85,238 87,369 s9;553. 91,792 ..
.68,8 62 .70,584 72,'348 74; 157 76,011
n16,2i3 '119,118 122,096 125; 148 128,277.
:100,604, ,103,119 .. 105,697 .lo8,'j40; ,:111,04!+
:185,599 190,239 s94,995. '199,870 204,867
i993 1994 I995
.Adjusted Adjusted Adjusted.
Value Value :Value:
86,129 88,2S2 9.0,'489
96,464 98,876 101,348.
98,669 101,136' 103,664
98,256 100.712 103;230
104,319 ,106,927 '109,600
~14,792' 117,662 120;604
196,511 201,424. 206,460
EMUULDP
Oll-Apr91
Adjlrsted values are a projection based on increases of 2.5% each year.
1991. '1992.. 1993 ,1994 'I995
No. .Value Value ..value Value: Value,
LIS t Adjusted AdjKted' .. Adj&ted Adj'uskd Adjusted
22 93,521: 95,859 98,256 ioo,712 103,230
23 .91;947 94,246 96,6m. 99,017 ..101,492. ..
24 83;028. 85,104. '87,231 89.412 91,641
a
25 86,569. 88,734 90,952 93;226 95,556
26 50,892 '52,165:. :53,469 54;aos .56,176
27 98,112 :100,565 '103;079. 105,656 108,297
28 79,224 81,205 83,235 .85,316 .87,449
Adjusted values arc a projection based on increases of 2.5% each year.
,199i: .i992:. ,:1993. ,1994. :I995
List :AdjUSted Adjusted: Adjusted Adjusted .Adjusted
No. Value Value Value. Value. Viiue
30 78,470 78,381 80,341 ~2,349: 84,408.
31 :92,603 '94,918, 97,291. 99,723 102,216.
32 117,524: , 120,463. , 123,474 126,561 129,725
33 81,847 83,894 .85,991 88,141: 90,344
34 .108;343 111,051 113,828 116,673, :119,590
35 308,474 111,186. '1i3,965 116,815 119,735.'
36 106,507: 109,i69 111,899 114,696.' ,117,563:
38 116369 '119,790:. i22.785: 125,855 .. i29,oor.
39 '91,554 93,842 :96,1,89 .98,593. 101,058'
Adjusted values are a projection based on increases of 2.5% each year
List
No.
40
41
42
43
45
46
47
48
49
I961 1992. 1993 1994 ,4995
.value : Value .Val& Value Value
Adjnjted: .. Adjusted Adjusted AdJwted Adjukted:
'77,912 :79;gm. ,81,857: 83;903 86,001;
'%si47o 78;38l 80,341 82,349 84,408,
90,635: 92,901. 95,224 97 ,'604 '100,045.
.85,258 .87,389 89,574 91;813 .94,109
67,550 69,239 70,970 72.744 74,563
.lbo;940 .i64;964. .169;0S8 173,315. 477,648'
.76,601. ..78,516 80,479 .'82,491 84,553
.215,5&5 220,893. ,226,415, 232;076 231,877.
.91;422, .??3,7o8. ' 98,051 .98,452 100;913.
121,853, 124,899 128j022 131,222 134,503.
EMElULDP
. ..
W Rrk CS-AprOl
Adjusted values are a projection based on increases of 2.5% each year.
..1991 :.1992. 1993 1994: '1995
List .Adj.ustcd .AdJ@ted AdjEted Adjusted: .Adjusted.
No. .value Value Value 'Value ..Value
50 142,517 fAb,i41 .. ld9.791: .. .. ... il53.5.40 .157,37a. .. ..
51 149,267 152;99s 156,823 ,bO;jU: .I64,762
52 '234,918 .. 240,791.. 246,810 252,981. 259;305
0
EMERALD PARK LANDFILL EXHIBITF
SANITARY SEWER SERVICE CONSTRUrnION PARAMETERS
Equioment
1 - Pre-fabricated sewage lift station capable of a minimum peak flow design
capacity of 156 gallons per minute.
1 - WetwellStructure
1 - Standby Power Source
7050 L.F. 6 Sewage Force Main
Lift Station location shall be at the approximate center of Section 36 adjacent to US.
Highway 45. The 6" forcemain shall parallel U.S. Highway 45. From the point of connection to the intersection of Ryan Road and North Cape Road in the City of Muskego.