CCR1999057AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #57-99
RESOLUTION AS TO INTERIM CONSTRUCTION
AGREEMENT WITH SUPERlOR EMERALD PARK, INC.
BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the
Interim Construction Agreement with Superior Emerald Park. Inc.. as attached and made a part
hereof. as to the proposed landfill expansion of the Emerald Park Landfill.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Agreement in the name
of the City.
DATED THIS 13th DAY OF APRIL. 1999
SPONSORED BY:
Ald. Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #57-99 which was adopted by
the Common Council of the City of Muskego.
Cle Treasurer 3 .
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #57-99
RESOLUTION AS TO INTERIM AGREEMENT
WITH SUPERIOR EMERALD PARK, INC.
BE IT RESOLVED That the Common Council of the City of Muskego does
hereby approve the Interim Agreement with Superior Emerald Park, Inc., as
attached and made a part hereof, as to the proposed landfill expansion of the
Emerald Park Landfill.
DATED THIS DAY OF APRIL, 1999.
SPONSORED BY:
Ald. Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #57-99 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
4/99 jm
INTERIM CONSTRUCTION AGREEMENT
This Interim Construction Agreement (hereinafter "Agreement") is made and entered into
on the day of April, 1999, by and between Superior Emerald Park Landfill, Inc.
("SEPLI"), a Wisconsin corporation, the SEPLI Landfill Siting Committee (the "Local
Committee"), a committee organ& and existing pursuant to Section 289.33, Wis Stats., and the
City of Muskego (the "City"), a municipality.
WHEREAS, SEPLI is in the process of attempting to site a landfill expansion of the
Emerald Park Landfill (the "Landfill Expansion") in the City, on the property described on
Exhibit 1, attached hereto and made a part hereof; and
WHEREAS, pursuant to $5 289.21 and 289.23, Wis. Stats., SEPLI submitted an Initial
Site Report and Feasibility Report to the Wisconsin Department of Natural Resources (the
"WDNR") in support of the proposed Landfill Expansion; and
WHEREAS, the City requested and was granted a contested case hearing regarding the
Landfill Expansion pursuant to $ 289.27, Wis. Stats., Case No. IH-98-02, which resulted in
substantial expense being incurred by the City and SEPLI in the development and presentation of
evidence over the course of fifteen (15) days of hearings; and
WHEREAS, the Local Committee and SEPLI are in the process of negotiating the terms
of a Local Agreement pursuant to 5 289.33, Wis. Stats., regarding many of the concerns raised
and addressed by the City in the contested case hearing: and
WHEREAS, the Local Committee, the City and SEPLI are desirous of avoiding further
cost and expense, amicably resolving their disputes, and completing negotiation of a Local
Agreement that will protect the public health, safety and welfare, as well as protect the public
interest in providing adequate solid waste disposal capacity;
NOW, THEREFORE, for good and valuable consideration, acknowledged by each party
hereto, the City, the Local Committee and SEPLI mutually covenant and agree as follows:
1. Except as specifically provided herein, this contract is the entire Interim
Construction Agreement between the City, the Local Committee and SEPLI. This Agreement
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includes certain items as to which SEPLI and the City have reached an interim agreement, except
those issues which remain subject to negotiation and arbitration pursuant to 5 289.33, Wis. Stats.
2. SEPLI, the Local Committee and the City have previously entered into an
agreement known as the Final Negotiated Agreement between SEPLI and Affected Municipalities
filed with the Waste Facility Siting Board on April 30, 1991, regarding the existing Emerald Park
Landfill. Pursuant to said agreement, SEPLI is obligated to make direct payment to the Affected
Municipalities, in the sum of $0.76 per ton of waste received during 1999. As of January 1,
1999, SEPLI estimates that there is approximately 839,000 cubic yards of capacity remaining in
the existing Emerald Park Landfill. Of this capacity, eight (8%) percent shall be consumed by
daily cover.
With respect to the proposed Landfill Expansion, SEPLI and the City have agreed upon
terms which, if accepted by the Local Committee, would result in the negotiating and waiver of
local approvals by the City under 5 289.33, Wis. Stats. These terms are set forth in Exhibit 2
(heremafter referred to as the "Expansion Agreement"), attached hereto and incorporated herein
by reference.
3. With regard to solid waste disposed of in the proposed Landfill Expansion, under
Article VI of the Expansion Agreement, SEPLI shall be obligated to make direct payments at a
rate equivalent to $2.41 per ton of solid waste received for 1999, and increased by 5.2% per year
thereafter, The estimated calculation of the direct payment amount associated with this provision
is more fully set forth on Exhibit 3, which is attached hereto and incorporated herein by reference.
All terms and conditions regarding payment, collection and verification associated with the direct
payment under the Expansion Agreement are incorporated herein and shall govern the payments
required herein. The payments contemplated under this paragraph shall be exclusive of and
inapplicable to up to fifteen thousand (15,000) tons per year of shredder fluff that is beneficially
reused as alternative daily cover. In consideration of the City's issuance of the conditional use
permit for clay extraction, SEPLI agrees to pay to the City of Muskego the sum of One Million
Two Hundred Ninety-Six Thousand ($1,296,000.00) Dollars, either within thirty (30) days from
the date that the currently permitted waste disposal capacity is consumed, or by no later than
January 15, 2000, whichever occurs first. Such funds shall be held by the City for disbursement
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pursuant to the division of direct payment specified in the Final Negotiated Agreement between
SEPLI and Affected Municipalities filed with the Waste Facility Siting Board on April 30, 1991.
4. SEPLI agrees that the maximum height of the landfill expansion shall be determined
by the side slopes of the expansion proceeding at a 4:l ratio to 944 feet M.S.L., and then
proceeding at a ten percent (10%) slope to the point of maximum elevation, not to exceed 960 feet
M.S.L. SEPLI further agrees that the maximum depth of the waste in the landfill expansion shall
not exceed 712 feet M.S.L., with no depth to be greater than 70 feet below the natural, pre-
construction, pre-clay extraction grade.
5. SEPLI has not yet submitted the Plan of Operation required under 5 289.30, Wis.
Stats., with regard to the Landfill Expansion. The parties recognize that the contents of the Plan
of Operation may have substantial impact upon the City. The Parties further recognize that
5 289.30, Wis. Stats., provides for no formal or informal review by the City. Accordingly SEPLI
agrees to the following:
a. SEPLI shall submit the proposed Plan of Operation to the City
simultaneously with or prior to the submission to WDNR.
b. Within thirty (30) days of receipt, City shall submit to SEPLI proposed
revisions, if any, to the proposed Plan of Operation.
c. Thereafter, the City and SEPLI shall attempt to resolve any differences with
respect to the Plan of Operation. In the event that the parties are unable to reach
agreement with regard to all issues within thirty (30) days following submission of the
City's proposed revisions, any disputed issue or issues shall be decided by binding
arbitration under the procedure set forth below.
d. In the event either party requests arbitration, within ten (10) days from the
date of the request the parties shall mutually agree on a list of three (3) neutral, third-party
arbitrators, that are qualified to arbitrate the matter(s) in dispute. In the event the parties
are unable to agree upon a list of so qualified arbitrators, the list shall be provided upon
application to the Waukesha County Circuit Court. Within five (5) days from the date that
the list of arbitrators is received by the City and SEPLI, the City and SEPLI shall meet to
select an arbitrator. From the list of three (3) arbitrators, SEPLI and the City shall each
strike one name (with the party initiating the arbitration making the first strike), until one
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name remains. The remaining person shall act as arbitrator. The arbitration proceedings
shall be governed by Chapter 788, Wis. Stats. The fee for the arbitrator shall be shared
equally by the parties, and each party shall bear their own costs, disbursements, witness
fees and attorneys' fees. The arbitration proceeding shall be completed within not more
than thuty (30) days from the date of selection of the arbitrator, and the selected arbitrator
shall agree to issue a decision within the thirty (30) day time frame. The City and SEPLI
mutually covenant and agree to submit a joint letter to the WDNR, requesting that the
terms of the Plan of Operation, determined in accordance with this paragraph, be included
in the final Plan of Operation for the landfill expansion.
e. Nothing in paragraph 5 shall in any way affect the limitations, protections
and controls negotiated in the Final Agreement and shall not affect the jurisdiction and
review authority of the Standing Committee. It is the intent of paragraph 5 to permit the
City of Muskego an opportunity to review the technical aspects of the Plan of Operation
that have not been specifically dealt with in the Final Negotiated Agreement, nor is this
paragraph intended to give the City of Muskego any authority to waive, eliminate or
reduce any limitation, protection or control that would be included in the Final Agreement.
6. SEPLI shall make the following payments to the City:
a. SEPLI agrees to pay the City, within 30 days of execution of this
Agreement, the sum of Two Hundred Thousand ($200,000) Dollars, as and for partial
reimbursement of City's costs associated with this Agreement and the Contested Case
Hearing.
b. SEPLI agrees to pay City, within thirty (30) days of payment due under
Article V.2 of the Expansion Agreement, the difference between Two Hundred Thousand
($200,000) Dollars and the actual amount of reimbursement paid to the Local Committee,
as and for partial reimbursement of City's costs associated with this Agreement. SEPLI
agrees to reimburse the Local Committee for all costs associated with the siting of the
Emerald Park Landfill Expansion, including engineering expenses, attorneys fees,
Committee per diems and other costs, reimbursing the Committee on the schedule as
heretofore agreed, and continuing forward until a Final Agreement is negotiated and
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approved by a majority of the Local Committee, or the matter is referred to binding
arbitration under 5 289.33, Wis. Stats.
c. SEPLI agrees to pay City, within thirty (30) days of each annual payment
due under Article IV.24 of the Expansion Agreement, the difference between Ten
Thousand ($10,000) Dollars and the actual annual Standing Committee reimbursement,
should any remainder exist. This obligation shall continue until final closure of the
Landfill Expansion, or for a period of fifteen (15) years, whichever is greater
d. Within thvty (30) days following execution of this Agreement, SEPLI shall
pay to the City the sum of Twenty Five Thousand ($25,000) Dollars (the "Liaison
Contribution"), which sum may be used by the City for purposes of hiring or retaining the
services of a Landfill Liaison/Compliance Officer. Thereafter, on or before January 1 of
each subsequent year for fifteen (15) years or Final Closure of the Active Fill Area,
whichever is later, SEPLI shall pay the City the Liaison Contribution together with an
increase of four (4%) percent per year. The Landfill LiaisodCompliance Officer shall
have all rights of ams to the premises afforded any person having special rights of entry
under any provision of the Expansion Agreement, except the Landfill Liaison/Compliance
Officer shall be permitted access to any area of the Solid Waste Facility upon reasonable
request during normal operating hours.
7. So long as leachate generated at the landfill is acceptable for disposal at the
Milwaukee Metropolitan Sewerage District ("MMSD"), after pretreatment, all leachate disposal,
exclusive of leachate that is recycled at the landfill, shall be accomplished through the use of a
sewer connected to the City sewer system. All costs associated with the planning, design and
construction of the sewer connection shall be the responsibility of SEPLI. If necessary or required
by the MMSD, at the time of the initial hook up of the landfill to the sewer, all costs associated
with the negotiations and acquisition of approval for a service area amendment and sufficient flow
capacity from the MMSD for the landfill shall be the responsibility of SEPLI. This paragraph
shall also be included as a part of the Expansion Agreement attached hereto.
8. SEPLI agrees with the City and the Local Committee that the Expansion Agreement
attached hereto and made a part hereof (Exhibit 2) shall be the minimum level of benefits and
protections provided for in a Final Negotiated Agreement or Arbitration Award, as provided under
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4 289.33, Wis. Stats., or in the event of a finding of default against the Local Committee or
Affected Municipalities for any reason, the Final Negotiated Agreement attached hereto shall be
independently enforceable by the Affected Municipalities as the Final Negotiated Agreement, as
if it were the subject of the Arbitration Award or Final Negotiated Agreement. If this siting
proceeds to arbitration pursuant to Wis. Stats. 5 289.33(10), SEPLI shall submit as a "final offer",
in the form of the Final Negotiated Agreement (Exhibit 2), as attached hereto and made a part
hereof. In any event, should SEPLI receive an operating license for the landfill expansion, and
SEPLI's final offer is not the arbitrator's award, or if said award is in any way overturned by any
Court, in addition to the obligations herein, SEPLI shall provide the Affected Municipalities and
affected residents all the benefits set forth in the Final Negotiated Agreement (Exhibit 2) which
would have otherwise accrued to the benefit of the Affected Municipalities and affected residents,
as if said Expansion Agreement was directly between SEPLI and the Affected Municipalities,
under 4 289.33, Wis. Stats.
9. In consideration of the foregoing, the Local Committee and the City covenant and
agree as follows:
a. Immediately upon execution of this Agreement, the City shall forthwith
move to voluntarily dismiss its petition for a contested case hearing in Case No. IH-98-02,
and thereafter, the City shall not institute or participate in any further legal proceedings
regarding the proposed Landfill Expansion or provide any assistance or information to any
other party to any legal proceedings related to the proposed Landfill Expansion. The terms
of this paragraph shall not be interpreted to preclude the City from properly responding
to appropriate requests for records under the Wisconsin Public Records Law or the federal
Freedom of Information Act. Nor shall this paragraph preclude the City from properly
responding to lawfully issued legal process or court order; however, the City shall provide
SEPLI written notice of the request of the City's need to respond to such process request
or court order, within two business days of receipt of such request, in order to allow
SEPLI time to seek protection from or quash such process or order. The terms of this
subparagraph are exclusive of any proceedings to enforce this Agreement or the terms of
the clay extraction permit, Conditional Use Permit or other Local Approval issued for the
proposed Landfill Expansion.
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b. If the Local Committee and SEPLI have not concluded negotiations on or
before May 15, 1999, on a Final Agreement for the proposed Landfill Expansion, SEPLI
reserves the right to petition the Waste Facility Siting Board ("WFSB") to submit this
matter to binding arbitration under $289.33, Wis. Stats. In the event SEPLI petitions the
WFSB for binding arbitration after May 15, 1999, the Local Committee and the City
covenant that neither they nor anyone under their direction or control, will assert an
objection to the granting of such a petition for arbitration by the WFSB, or directly or
indirectly seek or request mediation from the WFSB. The parties agree that negotiations
will continue during the arbitration process. Either party may seek the appointment of a
mediator from Resolute Systems, Inc. to assist negotiations during the period following
a Petition for Arbitration and up and through the date of an Arbitration Award. Both
parties agree that, in the event a Final Negotiated Agreement is reached between the
Negotiating Committee and SEPLI, at any time before an Arbitration Award is granted,
the parties will so advise the Waste Facility Siting Board of the same, and the Affected
Municipalities will thereafter have sixty (60) days to approve the Final Negotiated
Agreement, and during such period of time the parties stipulate that if an Arbitration
Award is rendered, the Final Negotiated Agreement will supersede the Arbitration Award.
c. If, after May 15. 1999, a petition for arbitration is granted by the WFSB,
the Local Committee and SEPLI mutually covenant and agree that they shall each submit
their final offers to the WFSB, under 5 289.33(10)(f), Wis. Stats., within thirty (30) days
of any decision by the WFSB granting the petition for arbitration, or waive the right to
submit a final offer if one is not submitted within said thirty (30) days. The Local
Committee and SEPLI further covenant and agree to enter into such stipulations or jointly
move for the entry of any order necessary in the proceedings before the WFSB to
effectuate the terms of this paragraph. The Local Committee covenants and agrees that
any final offer it submits in an arbitration proceeding before the WFSB shall contain a
waiver of all local approvals applicable to the construction and operation of the Landfill
Expansion and specify that no such local approvals are applicable to the construction or
operation of the Landfill Expansion. SEPLI hereby waives any objection to the Local
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Committee's failure to comply with the procedural requirement of having the Local
Committee's final offer being approved by all participating municipalities.
d. In the event that a Final Agreement has not been negotiated with, or
approved by, all the Affected Municipalities, or binding arbitration proceedings have not
yet been completed before the WFSB, upon approval of the Plan of Operation for the
proposed Landfill Expansion by the WDNR, and the City of Muskego, the Local
Committee covenants that it shall forthwith, and in no event not more than fifteen (15)
calendar days after the approval of the Plan of Operation, issue a letter of approval to the
City of Muskego Planning Commission to proceed under paragraph (f). SEPLI will not
receive, Dispose, Treat or Store any solid waste outside of the existing landfill until such
time as a Final Negotiated Agreement is reached or an Arbitration Award is issued. This
prohibition shall apply to both the vertical and horizontal expansion currently being sought
by SEPLI.
e. Upon execution of th~s Agreement, the Local Committee shall immediately
request the Plan Commission of the City, in writing, to issue a clay extraction permit to
SEPLI for the extraction of clay up to a depth of twenty-five (25) feet.
f. Upon submission of SEPLI's Petition for Arbitration, the City covenants
and agrees that it shall promptly process and not unreasonably withhold any local approval,
permit or authorization required for the construction of the Landfill Expansion.
10. Notwithstanding their execution of this Agreement, SEPLI and the Local
Committee mutually covenant and agree to diligently continue to negotiate in good faith on the
terms of a Final Agreement.
11. Until such time as a Final Agreement has been approved by the participating
municipalities or the WFSB has rendered a binding Arbitration Award for the proposed Landfill
Expansion under Sec. 289.33, Wis. Stats., SEPLI covenants and agrees that it shall not dispose
of any solid waste in the Landfill Expansion.
12. This Interim Agreement will be binding upon the City, the Local Committee and
SEPLI, their respective legal heirs, their respective legal representatives, their respective legal
successors and their respective legal assigns. SEPLI may not assign this Interim Agreement
without the express written consent of the City, which consent shall not be unreasonably withheld.
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This Interim Agreement is a covenant running with the land described on Exhibit I, and shall
impose the obligations of this Interim Agreement upon any future owners of said lands, and a
short form of this document shall be executed and recorded upon execution of this contract in the
form attached hereto, made a part hereof and marked as Exhibit 4. Once a Final Agreement is
executed or an Arbitration Award is issued and becomes binding upon the parties, a new short
form recording notice will be recorded to supersede the restrictions of the Interim Construction
Agreement and replace it with the restrictions under the Final Agreement or Arbitration Award.
Neither of these restrictions shall be released or amended without approval of all the Affected
Municipalities, which approval shall not be unreasonably withheld.
13. SEPLI represents and warrants to the City and the Local Committee that the person
executing this Agreement on behalf of SEPLI is legally authorized to do so, and thereby legally
bind SEPLI to the terms of this Agreement.
14. Attached hereto is the resolution of the Local Committee authorizing the execution
of this agreement.
15. Attached hereto is the resolution of the Common Council of the City authorizing
the execution of this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year first above written.
THE CITY OF MUSKEG0
SUPERIOR EMERALD PARK LANDFILL, INC.
BY.
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SEPLI LANDFILL SITING COMMITTEE
BY:
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Exhibit 1
SUPERIOR EMERALD PARK LANDFILL
TOTAL FACILITY DESCRIPTION
LEGAL DESCRIPTION OF ENTIRE SUPERIOR EMERALD PARK LANDFILL
Parcels of land located in the NE. 1/4, SE. 1/4, NW. 1/4 and SW.
1/4 of Section 36, T.5N., R.20E. and also the NE. 1/4 of Section
35, T.5N., R.20E., all in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the East 1/4 corner of Section 36, T.5N., R.20E.,
thence S88°04'17"W along the South line of the NE. 1/4 of said
section 36, 50.02 feet to a point on the west right-of-way line of
S.T.H. "45" (S. 124th St.), said point also being the point of
beginning of the parcel to be described; thence continuing
S88D04'17"W along said south line, 379.98 feet; thence S1°26'12"E
and parallel with the east line of the SE. 1/4 of said Section 36,
227.00 feet; thence N83°49'06"E, 431.46 feet to a point on the east
line of said SE. 1/4; thence S1°26'12"E along said east line,
2310.38 feet; thence S88O38'39"W and parallel with the south line
of said SE. 1/4 455.50 feet; thence S1°26012ttE and parallel with
the east line of said SE. 1/4 207.00 feet to a point on the south
line of said SE. 1/4; thence S88O38'39"W along said south line
865.31 feet; thence N1°21'21"W, 8.25 feet; thence S88O38'39"W on a
line parallel with and 8.25 feet north of said south line, 1320.81
feet; thence S88°38'44"W on a line parallel with and 8.25 feet
north of the south line of the SW. 1/4 of Section 36, T.5N.,
R.20E., 1990.98 feet; thence N1°09'57"W. 2658.13 feet to a point on
the North line of said SW. 1/4; thence S88°04117"W along said north
line, 665.06 feet to the West 1/4 comer of said Section 36; thence
NlD12'101'W along the west line of the NW. 1/4 of said Section 36,
2625.29 feet; thence S88O59'36"W and parallel with the north line
of the NE. 1/4 of Section 35, T.5N., R.ZOE., 297.00 feet; thence
N1°12'10"W and parallel to the east line of said NE. 1/4, 33 .OO
feet to the north line of said NE. 1/4; thence N88°59'36"E along
said north line, 297 .OO feet to the NE. corner of said NE. 1/4;
thence N87°28'33"E along the north line of the NW. 1/4 of Section
36, 1333.01 feet to the NE. corner of the NW. 1/4 of the NW. 1/4 of
said Section 36; thence S1°08'35"E along the east line of the NW.
1/4 of said NW. 1/4, 1336.09 feet; thence N87O46'24"E, 1331.47
feet; thence N87°49'03"E, 2309.21 feet; thence S0°29'55"E, 132.00
feet; thence N87°49'03"E, 279.98 feet to a point on the west right-
of-way line of S.T.H. "45" (S. 124th St.); thence S0'29'55"E along
said west line, 1222.78 feet to the point of begininng.
EXHIBIT 2 TO INTERIM CONSTRUCTION AGREEMENT
SUPERIOR EMERALD PARK LANDFILL, INC.: SOUTHERN EXPANSION
NEGOTIATED AGREEMENT
OPERATOR: SUPERIOR EMERALD PARK LANDFILL, INC.
Affected Municipalities:
CITY OF MUSKEG0
WAUKESHA COUNTY
CITY OF FRANKLIN
TOWN OF NORWAY
RACINE COUNTY
Attorney Patrick J. Hudec
HUDEC LAW OFFICES, S.C.
Attorneys for Landfill Negotiating
Commi t t ee
2100 Church Street
P.O. Box 167
East Troy, WI 53120
Phone: (414) 642-3000
Fax: (414) 642-7737
E-Mail :
Mr. Scott S. Cramer, General Counsel
Attorneys for Operator
Superior Services, Inc.
One Honey Creek Corporate Center
125 South 84th Street
Suite 200
Milwaukee, WI 53214
Phone: (414) 479-7800
Fax: (414) 479-7400
E-Mail: SSCRAMER@SUPERIORSERV COM
Mr. Gene Kramer, General Manager
Superior Emerald Park Landfill, InC
W124 S10629 South 124th Street
Muskego, WI 53150
INDEX
eaqe
TITLE AND INTRODUCTION .... ...... ..
OPERATOR OBLIGATION TERM SUMMARY ............
ARTICLE I ...... .......... ... ....
DEFINITIONS ............... ....
ARTICLE I1 .........................
BITE INFORMATION .............. ...
1 . Address of Solid Waste Facilitv ........
2 . Leual Description ......... ...
3 . Owner ............... .. ..
4 . Chanue in Ownership ... .. .......
5 . Initial Site Report and Feasibilitv Reports .
6 . Current Zoninq .......... .....
7 . Primarv Service Area ....... .....
0 . Acceptable Waste Twes ............
9 . Estimated Waste Ouantities ..........
10 . Notices .... ......... ....
11 . Contact Persons ................
ARTICLE I11 .........................
TRANSPORTATION ............... .....
1 . Desiqnated Roadways ...... ..
A . Desiunated Authoritv ..... .....
B . Primary Roadwavs ....... .....
C . Maintenance of Local Roads ........
2 . Vehicle Reauirements ...... ......
3 . Litter and Discharqe Beyond the Solid Waste
Facility ... ... .... ......
A . Solid Waste and Hazardous Waste Discharqe
Reports ....... ........
E . Discharue Removal on Roadwavs . ...
4 . Transporters of Solid Waste . .
A . List of TransDorters ... ...
B . Persons Authorized ...
..
ARTICLE IV ... .. ... ..
OPERATIONS AT OR NEAR THE SOLID WASTE FACILITY
..
....
1 . Reports to the Affected Municipalities ...
No.
1
1
4
4
10
10
10
10
10
10
11
12
12
12
12
13
13
14
14
14
14
14
15
15
16
16
16
17
17
17
18
18
18
i
Paqe No.
2 .
3 .
4 .
5 .
6 .
I .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15
16 .
17 .
18 .
19 .
20 .
21 .
22 .
A . ReDOrtS from the ODerator ... ...
B . peDorts from Government Aaencies .....
C . Residential Concerns of the Affected
VuniciDalities ...........
D . ODerator ResDonsibilitv to the Affected
MuniCiDalitieS ...... ...
..
E . potice of Aareement . ...
Confidentiality Aareement . . .. ...
Hours and Days of ODerations .......
Dust. Dirt and Debris Control at the Solid
Waste Facility ...... .......
Groundwater Monitoring ......... ..
Noise. Odor and Air Oualitv ..........
Rodent and Insect Control at the Solid Waste
Facility ...................
A . Prevention of Rodents and Insects ....
B . Control of Rodents and Insects ......
Fire. Disaster and Hazard Control . . ....
A . Creation of Fire Hazards .........
B . Public Nuisance ...........
C . Private Nuisance ...........
D . Hazardous Waste .............
E . Security Personnel ............
Court Action bv the Affected MuniciDalities or
Standina Committee ........ ...
Administrative Action ....... .....
TemDorarY/EmeraencY Closure of Active Fill
Area .... ....
Access to the Solid Waste Facility . .....
Repair. Maintenance and Reconstruction Of the
..........
Active Fill Area ...............
Hazardous Waste DiSDOSal Notice ........
Hazards Notice ..............
ResDonsible Manaaers . ........
Heiaht Restriction . . .........
DeDth Restriction .... ........
Erosion and Run-off .... ... ...
A . Erosion Restrictions . . ... ...
B . Abatement of Erosion . ...
C . Standina ODen Water and Wetlands . .
D . Storm Water ...
surface Water ..... ....
Post-Closure Alienation .
Landfill Closure Plan . .
..
.......
..
.. ..
.. ... ..
18
18
18
19
19
19
20
21
22
22
22
22
22
22
22
23
23
23
24
24
25
26
26
27
27
28
28
28
28
29
29
29
29
29
29
30
30
ii
Paae No .
23 . Pp
24 . Chanue in OwnershiD ... ....
25
........ ...... .....
..
. .......... ....
A .
and Treatment Operations ......
B . Initial ODerations. Closure Operations
..
p .......
c . Local .... .. .....
26 . Standinq Committee .... ........
27 . Existinq Aqreements ..... ........
28 . ......... .....
31
31
32
32
33
34
35
35
36
ARTICLE V .......................... 37
FINANCIAL OPERATIONS RELATED TO THE SOLID WASTE FACILITY
.........................
1 . Jndemnification to the Affected
MuniciDalities ................ 37
2 . Reimbursement for Neaotiation EXDenSeS . . . 38
ARTICLE VI ....... ........ ...
COMPENSATION TO THE AFFECTED MUNICIPALITIES
..
......
1 . Direct Pavment ....... .....
2 Sociolouical Pavments .... .....
3 . Premium for Out-of-state Waste . ......
4 . Waste Volume Surcharae .... .....
5 . special Waste Premiuq ..... ... ..
6 . -n ........
7 . Household Hazardous Waste Proqram . .....
8 . Free DiSDOSal of Governmental and School
District Waste ........ .......
9 . 8
....... .... ... ....
10 . Citv of Muskeao Residential Waste . .....
11 . ... .....
12 . ... .....
39
39
39
42
42
42
43
43
43
44
45
45
45
45
ARTICLE VI1 ... ... .... ..
MISCELLANEOUS PROVISIONS ....... ... 47
. . 47
1 . ExDansion ..... ... .... 47
2 . Environmental ImDairment Liability Insurance . I
... .... .. ... . 47
3 . Load . ...... .... . 47
4 . Standins Committee and other Information . . 48
iii
ARTICLE VI11 . .... ....
GENERAL PROVISIONS . ....
1 . Notice to Parties . .
2 . Headinae ......
3 . Governina Law ....
4 . Waiver .......
5 . Other Aareernents . .
6 . ComDlete Aareement .
I . Amendment ......
8 . Bindina Effect . .
..
..
..
..
..
..
Paqe NO .
... . . 49
.. . 49
.. 49
. 50
..... 50
..... 50
. 50
..... 51
... .. 51
.. 51
iv
EXHIBITS
Exhibit "A" - Active Fill Area
Exhibit "B" - Superior Emerald Park Landfill - Total Facility
Description Waukesha County, Wisconsin
Exhibit "C" - Standing Committee
Exhibit "D" - Air Quality Standards
Exhibit "E" - Water Testing / Well Protection Plan
Addendum to Exhibit "E" - Access and Well Sampling Agreement
Exhibit 'IF" - Property Value Protection Plan and Purchase Agreement
Addendum to Exhibit "F" - Protected Property List
Exhibit "G" - Landfill Closure Plan
Exhibit "€I" - Zoning Permits, Conditional Use Permits and Summary
of Existing, Permitted Uses
Exhibit "I" - Household Hazardous Waste
Exhibit "J" - City of Muskego Landfill Fund
Exhibit "K" - City of Muskego Storm Water Ordinance
Exhibit "L" - City of Muskego Noise Ordinance Standards
Exhibit "M" - Acknowledged Transporter Procedures
Exhibit "N" - Direct Payment Rate Schedule
Exhibit "0" - Loomis Road Reconstruction Description
Exhibit "P" - Sociological Impact Payments
Exhibit "Q" - PCB Impacted Sediments
V
This Agreement ("Agreement") is made and entered into by and
between Superior Emerald Park Landfill, Inc. (SEPLI), a Wisconsin
corporation (hereinafter referred to as "Operator") and the City of
Muskego, City of Franklin, Racine County, Waukesha County, and the
Town of Norway, Wisconsin municipal corporations (hereinafter
referred to as the "Affected Municipalities"), unless otherwise
specified.
This Final Negotiated Agreement is the final product of the
negotiating process provided for under 5 289.33, Wis. Stats. This
Agreement between the SEPLI Landfill Siting Committee [Superior
Emerald Park Landfill, Inc.: Southern Expansion) and the Operator
shall be deemed a Final Agreement upon approval thereof by the
Negotiating Committee, the Affected Municipalities and the
Operator.
This Agreement shall be known as the "SEPLI Landfill:
Southern Expansion) Final Negotiated Agreement".
OPERATOR OBLIGATION TERM SUMMARY
The Operator's obligations and requirements under this
Agreement shall commence upon the date this Agreement is approved
and executed by all parties. A summary of those obligations are
set forth below and shall be deemed to be obligations of the
Operator for the term indicated below, unless a greater length of
time is specifically noted elsewhere in this Agreement.
1 The following obligations and requirements terminate when
and upon the Operator completing its Final Closure of the Active
Fill Area, as approved by the DNR
A.
B.
C.
D.
Emergency Disposal limitations.
Hours of operation of Solid Waste Facility and
authorized uses, excluding construction, closure
and post-closure activities.
Drop off and Disposal of municipal and residential
waste.
Waste restrictions on type of waste which may be
disposed of in the Active Fill Area.
E.
F.
G.
H.
I.
Purchase agreements with residential property
owners, subject to the notice provisions therein
Tipping rebates
Compensation paid pursuant to this Agreement to
Affected Municipalities.
Litter control.
Sociological Payments.
2. The following obligations and requirements terminate upon
expiration of the Operator's Long-Term Care obligation for the
Expansion as currently defined in Ch. 289, Wis. Stats. (1997-1998):
A.
€3.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Existence of the Standing Committee.
Sampling of the wells required in the Agreement, by
the DNR and by the Monitoring Committee.
Continuation of well testing requirements.
Maintenance of clay cap including vegetative cover.
Maintenance of surface water diversions, erosion
and runoff controls.
Landscaping.
Final use.
Maintenance of any bond or other proof of financial
responsibility if required by any state agency or
by this Agreement.
Continuation of air quality monitoring if required
by a state agency or by this Agreement.
Compliance with all applicable laws and regulations
except as waived herein.
Roadway designation and use.
Vehicle requirements.
2
M. Operator notification and reporting to Affected
Municipalities.
N. Hours and days of operation.
0. Dust, dirt and debris control
P. Groundwater monitoring.
Q. Noise, air quality, rodent, insect, fire disasters
and hazard controls
R. Municipal access to facility
S. Active Fill Area repair, maintenance and
reconstruction
T. Hazardous Waste prohibitions and requirements
U. Surface water, standing open water, wetland and
green space controls.
V. Post-closure alienation and change in ownership
W. Disposal, Storage and Treatment Operations.
X. Post-Closure Site Plan
3. Perpetuity. Operator and its successors and assigns
shall be responsible for the following in perpetuity:
A. Indemnity and related obligations under Article V
of this Agreement.
B. Post-Closure Site Plan and maintenance obligations.
3
ARTICLE I
DEFINITIONS
fictive Fill Area means the total capacity approved by the
Department of Natural Resources as the Disposal capacity for the
Disposal of Solid Waste by the Operator at the Solid Waste
Facility, in the area depicted and described in Exhibit "A", herein
incorporated by reference in this Agreement. This approved area
shall not include any Expansion of the Active Fill Area or any
Expansion of the Solid Waste Facility for the purpose of providing
additional Disposal capacity area at the Solid Waste Facility or at
the Active Fill Area.
Acknowledaed TransDorter means any person who is identified
orally or in writing by the Operator at any time as a transporter
of Solid Waste to or from the Solid Waste Facility and/or any
person who disposes Solid Waste in the Active Fill Area at the
Solid Waste Facility.
Affected MuniciDalitv or Affected MuniciDalities shall mean
the Cities of Muskego and Franklin, Waukesha and Racine Counties,
and the Town of Norway.
Cornencement Date or Effective Date The Commencement Date or
Effective Date of this Agreement, except for any pick-up or
disposal services, shall begin as of the date that this Agreement
is signed and approved by the Negotiating Committee, and the
Affected Municipalities, and the Operator.
Counties. Counties, unless specifically indicated, shall mean
Racine and Waukesha Counties.
DeDarhent or "DNR" means the Wisconsin Department of Natural
Resources or its successor agency This also includes multiple
agencies to the extent that the existing responsibilities of the
Department of Natural Resource are divided amongst new or
additional agencies.
Desiqn Manaaernent Zone or "DMZ" means the area defined by NR
140.22(3), Wis. Administrative Code.
Discharae means, but is not limited to, spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of Solid Waste or
Hazardous Waste at the Solid Waste Facility, or the dissemination
Of such wastes or materials by Acknowledged Transporters bringing
such wastes to the Solid Waste Facility; except as legally
4
0
0
0
permitted in connection with Disposal Operations, Storage
Operations or Treatment Operations at the Active Fill Area. The
term "Discharge" shall not include the placement of materials for
construction of the Solid Waste Facility, the recirculation or
recycling of leachate at the Solid Waste Facility in compliance
with permits or approvals issued by the Department, or the release
of air emissions from the landfill gas extraction system in
compliance with permits or approvals issued by the Department.
DiSDOSal or DisDose means the Discharge, deposit, injection,
dumping or placing of Solid Waste within the Active Fill Area
This term does not include the Storage or the Treatment of Waste at
the Solid Waste Facility. The terms "Disposal" and "Dispose" shall
not include the placement of materials for construction of the
Solid Waste Facility, the recirculation or recycling of leachate at
the Solid Waste Facility in compliance with permits or approvals
issued by the Department, or the release of air emissions from the
landfill gas extraction system in compliance with permits or
approvals issued by the Department.
DiSDOSal Operations means any activities at the Solid Waste
Facility related to or associated with the Disposal of Solid Waste,
including the constructing, surveying, environmental monitoring,
environmental testing, repairing, maintaining and closing of the
Solid Waste Facility, including the Waste covering at the Solid
Waste Facility, where all of the above-noted activities occur any
time during the term of this Agreement.
hleraencvmeans an unforeseen circumstance at any time at the
Solid Waste Facility or at any other location in the County that
jeopardizes the public health, safety and welfare of persons or
property in the Affected Municipalities.
Emansionmeans the Expansion at any time by any means by the
Operator of the design capacity to be set forth in the Plan of
Operation approval for the Active Fill Area but, in no event,
greater than 9,500,000 cubic yards of in-place Solid Waste. Any
increase in the height of the Active Fill, Area beyond 960 feet
above mean sea level shall be deemed an expansion.
Final Closure means the date at which time no further Solid
Waste is Disposed in the Active Fill Area by the Operator or by any
other person which shall be the earliest of the following
5
A.
€3.
C.
the date the Operator notifies the Affected
Municipalities in writing that the Operator no longer
will Dispose of and will no longer allow any other person
to Dispose of Solid Waste in the Active Fill Area;
the date the Department orders the Operator, in writing,
to no longer dispose of and to no longer allow any other
person to Dispose of Solid Waste in the Active Fill Area;
or,
the date the Operator has Disposed of or has allowed the
Disposal in the Active Fill Area of a number of in-place
cubic yards of both Solid Waste and daily and
intermediate cover materials in the Active Fill Area
initially approved for Disposal by the Department.
Hazardous Waste means any waste identified or defined as a
Hazardous Waste by the Department, under 5 289.01 (12) or
5 291.05(2), Wis. Stats., or regulations adopted by the Department
in Chapter NR 600 through 690, Wis. Admin. Code, or its successor
chapters, or Subtitle C of the Resource Conservation and Recovery
Act or regulations promulgated thereunder, whichever is more
stringent.
Household Hazardous Waste shall have such meaning as defined
by the Wisconsin Statutes, as amended, the Wisconsin Administrative
Code or in rules and regulations promulgated by the Department of
Natural Resources, or Subtitle C of the Resource Conservation and
Recovery Act and regulations promulgated thereunder, whichever is
more stringent.
Initial Term shall mean the date on which this Agreement is
signed by all the parties and shall continue through the date upon
which the DNR approves Final Closure, but does not apply to the
Operator's obligations which continue after Final Closure.
Local ADDrOValS means any local approval as defined in
5 289.33 (3) (d) , Wis. Stats., or its successor provisions. Local
Approvals shall include zoning and conditional use permits, except
as otherwise specifically provided for in this Agreement.
Local Committee or Neaotiatinq Committee shall mean the
Negotiating Committee created under Chapter 289.33(7), Wis. Stats.,
which consists of seven (7) City of Muskego members, two (2) County
of Waukesha members, one (1) City of Franklin member, one (1) Town
of Norway member, and one (1) Racine County Member. Also included
6
is one (1) Town of Raymond ad hoc member, who is not entitled to a
vote.
Lona-tern Care or Lonu-tern Care Onerations means any
acti'vities at the Solid Waste Facility, including routine care,
maintenance and monitoring in the Active Fill Area where all the
above-noted activities occur any time following the Final Closure
of the Active Fill Area. Long-term Care Operations by the Operator
and by its agents shall not be considered Disposal Operations,
Storage Operations or Treatment Operations at the Active Fill Area
for purposes of this Agreement
ODerator means Superior Emerald Park Landfill, Inc , Superior
Services, Inc , its officers, employees, subcontractors successors
or assigns. The transfer of any or all of the Operators
responsibilities under this Agreement shall not affect the
continuing guarantee of Superior Services, Inc. under this
Agreement unless such transfer is approved as provided for in
this Agreement.
Pre-existins Local ADDrOValS means any Pre-Existing Local
Approvals as "Pre-Existing Local Approvals" are defined in
5 289.33(3) (fm), Wis. Stats., or its successor provisions
Pre-existing Local Approvals shall include zoning and conditional
use permits unless otherwise specifically provided for in this
contract.
Recvclable Materials means materials listed in 5 287.07(1m)
through (4), Wis. Stats., as amended from time-to-time, excepting
those listed materials for which the Department has granted an
exception or variance, for the period such exception or variance
remains in effect.
Remedial Actions means those actions consistent with a
temporary or permanent remedy which are taken instead of or in
addition to Removal Actions in the event of a release or threatened
release outside the Design Management Zone of the Solid Waste
Facility of any pollutant or contaminant into the environment, to
prevent or minimize the release of such pollutants or contaminants
such that the pollution or contamination does not migrate to cause
any danger to the present or future public health or welfare of the
residents of the Affected Municipalities or to the environment in
the Counties other than at the Solid Waste Facility. The term
includes, but is not limited to, actions at the location of the
release of the pollutants or contaminants such as Storage,
confinement, perimeter protection using dikes, trenches or ditches,
7
clay cover, neutralization, cleanup of released pollutants or
contaminants, recycling or reuse of pollutants or contaminants,
diversion of pollutants or contaminants, destruction of pollutants
or contaminants, segregation of pollutants or contaminants,
dredging or excavations, repair or replacement of leaking
containers, collection of leachate and run-off, on-site Treatment
or incineration, provision of alternative water supplies to
residents in the Affected Municipalities and any monitoring
reasonably required to assure that such actions protect the public
health and welfare and the environment outside the Solid Waste
Facility
Removal Action means the clean-up action ("Removal Action") of
released pollutants or contaminants from the environment outside of
the Design Management Zone of the Solid Waste Facility including
such actions as may be reasonably taken in the event of release of
pollutants or contaminants into the environment outside the Active
Fill Area , such actions as may be necessary to monitor, assess and
evaluate the release or threat of release of pollutants or
contaminants, the Disposal of removed pollutants or contaminants,
or the taking of such other actions as may be necessary to prevent,
minimize or mitigate damage to the public health or welfare of the
residents of the Affected Municipalities or to the environment in
Milwaukee, Waukesha and Racine Counties, which may otherwise result
from a release or threat of release of pollutants or contaminants
outside the Design Management Zone of the Solid Waste Facility
The term includes, in addition, without being limited to, provision
of alternative water supplies to the residents of the Counties,
temporary evacuation and housing of threatened residents of the
Counties
Solid Waste means garbage, ash, refuse, rubbish, sludge from
a waste Treatment plant, water supply Treatment plant or air
pollution control facility, and other discarded or salvageable
materials, including solid, liquid, semi-solid, or contained
gaseous materials resulting from industrial, commercial, mining and
agricultural operations, and from community activities. Solid
Waste may include, but is not limited to, paper, wood, metal,
glass, cloth and products thereof; litter and street rubbish;
lumber, concrete, dirt, stone, plastic, bricks, tar, asphalt,
plaster, masonry, and other debris resulting from the construction
or the demolition of structures, buildings, roads and other manmade
structures. Solid Waste does not include solids or dissolved
materials in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial Discharges which are point
sources subject to permits under Chapter 283, Wis Stats , or its
8
successor chapter, or sources, special nuclear or by-product
materials as defined in § 254.31, Wis Stats., or its successor
section. Solid Waste shall not include recyclable waste deemed not
appropriate for landfilling or Disposal in the Active Fill Area, as
may be specifically provided for in this Agreement.
Solid Waste Facility means the Solid Waste Disposal facility
in the City of Muskego specifically depicted and described in
Exhibit "B" . It includes both the Active Fill Area and the other
land described in Exhibit "E", which includes the existing landfill
which is known as the Emerald Park Landfill.
SDecial Waste shall be that waste classified as "Special
Waste" by the Department, Wisconsin Statutes or Administrative Code
regulations defining the same as such by the Department and such
additional Solid Waste designated in Exhibit "M" attached hereto.
Standina Committee means the Monitoring Committee established
under Exhibit "C" .
Storase or Store means the holding of Solid Waste at the
Solid Waste Facility, at the end of which period the Solid Waste is
to be then treated, transported away from the Solid Waste Facility,
or ultimately disposed of in the Active Fill Area at the Solid
Waste Facility
Storaae Operations means any activities at the Solid Waste
Facility related to the Storage of Solid Waste or Recyclable
Materials as permitted by this Agreement.
Term of Aareement means the period commencing on the Effective
Date and continuing until forty (40) years after final Closure of
the Active Fill Area. In addition, Term of Agreement extends into
perpetuity regarding Operator, its successors and assigns'
responsibility for indemnity and related obligations under Article
V of this Agreement and compliance with the Landfill Closure Plan
(Exhibit G) and maintenance obligations (Article IV)
Treat or Treatment means any method, technique or process at
the Solid Waste Facility which is designated to change the
physical, chemical or biological character or composition of the
Solid Waste. Treatment includes incineration The terms "Treat"
and "Treatment" shall not include the recirculation or recycling of
leachate at the Solid Waste Facility in compliance with permits or
approvals issed by the Department, the flaring or burning of gas
extracted by the landfill gas extraction system in compliance with
9
permits or approvals issued by the Department, or the extraction of 0 landfill gas for beneficial reuse.
Treatment Onerations means any activities at the Solid Waste
Faci.lity directly related to the Treatment of Solid Waste, where
such activities occur at any time during the Initial Term of this
Agreement
Waste Facilitv Sitina Board means the Wisconsin Waste Facility
Siting Board or its successor agency.
Wisconsin Administrative Code means the Wisconsin
Administrative Code as amended from time to time
Wisconsin Statutes means the Wisconsin Statutes as amended
from time to time.
10
ARTICLE I1
SITE INFORMATION
' The name of the Solid Waste Facility is the Superior Emerald
Park Landfill, Inc. The Active Fill Area is described as the
"SEPLI Landfill, South Expansion" in the Initial Site Report
submitted to the Department by the Operator (hereinafter "SEPLI
South Expansion") .
1. Address of Solid Waste Facility.
The location and mailing address of this Solid Waste Facility
is :
Superior Emerald Park Landfill, Inc.
W124 510629 South 124th Street
Muskego, WI 53150
Attention General Manager
2. Leaal DeSCriDtiOn.
The legal description of the Active Fill Area is set forth in
Exhibit "A".
3. Owner.
The current owner of the Solid Waste Facility is Superior
Emerald Park Landfill, Inc. All of owner's responsibilities
herein shall be guaranteed by Superior Services, Inc. In the event
Superior Services, Inc. transfers the controlling interest in the
Operator which shall be limited to a transfer of the majority of
the shares of stock or a majority of the voting power or effective
control or management of Operator. In that event, such successor
shall be given written notice of the terms of this Agreement and
any such transfer of any interest in the Operator, by Superior
Services, Inc shall be an obligation of the successor Superior
Services, Inc. shall be relieved of any responsibility under this
Agreement and its Guarantee in the event such transfer is approved
by the City of Muskego and Waukesha County, which approval shall
not be unreasonably withheld
11
4. Chancre in OwnerehiD.
A. This Agreement shall be applicable to the present
Operator, its successors and assigns, and to all parties to which
the'operator may transfer any or all of its ownership interests or
contracts or subcontracts concerning its operations in and
responsibilities for the Solid Waste Facility.
B. That in conjunction with Paragraph A, the Operator,
shall notify the Standing Committee, and the Department of any and
all changes in ownership or operation of the Solid Waste Facility,
and provide proof that any such successor or assign has notice and
acknowledges this Agreement and the duties and obligations
hereunder.
C. That in conjunction with the foregoing, the Operator
shall not transfer any of its interest in the operation of the
Solid Waste Facility or of its property interests in the Solid
Waste Facility unless such party or entity can be demonstrated by
the Operator to have the ability, both financial and operational,
to comply with the terms of this Agreement, the Department and/or
the landfill license, and State law. The Operator shall provide
documentation sufficient to demonstrate the same prior to
transferring any such interests. The City and/or Standing
Committee shall have standing to challenge such transfer if the
transferee is not found to be financially able or otherwise able to
comply with the requirements of this Agreement, the Department
landfill license and State law. The City and/or Standing Committee
shall have forty-five (45) days from receipt of the aforementioned
documentation in which to bring action in circuit court to prevent
or avoid such transfer, unless such deadline is extended by mutual
agreement of the City and/or Standing Committee and the Operator.
5. Jnitial Site ReDOrt and Feasibilitv ReDorts.
The Operator had an Initial Site Report ("ISR") and
Feasibility Reports and Addenda thereto prepared and submitted in
April, 1996, to the Department The ISR, the Feasibility Report
and all Addenda thereto and any future amendments and modifications
as approved by the Department, are incorporated in their entirety
into this Agreement and specific standing is granted to the
Affected Municipalities to enforce those terms. Similarly, the
Plan of Operation for the Active Fill Area and all future
modifications and amendments to such Plan of Operation, as approved
by the Department, are also incorporated by reference and may be
separately enforced by the Affected Municipalities.
12
A.
B.
C.
D.
E.
F.
G.
H.
Design Concept: The Active Fill Area shall be a
zone of saturation, composite lined landfill
meeting all Subtitle D (RCRA) [42 USC § 6911, &
seg. 1 requirements.
Total Design Capacity: Not to exceed 9,500,000
cubic yards (solid waste capacity, including
intermediate and daily cover).
Expected Site Life: Approximately 10 years
Site Closure Deadline: 1/1/2015
Total Acreage Owned by the Operator 476 acres
Maximum Height: 960 feet above mean sea level
Proposed Licensed Acreage of this Expansion: 65
acres (47.9 acres of horizontal Expansion, 17.1
acres of overlay area). The parties hereto
stipulate that the proposed landfill expansion
actually constitutes two expansions, one horizontal
and one an "overlay" landfill expansion, but both
landfills shall be deemed to be the subject matter
of this Landfill Agreement. Where applicable, the
same shall be referred to as the Superior Emerald
Park Landfill, Inc. Horizontal South Expansion
("Horizontal Expansion") and the Superior Emerald
Park Landfill, Inc. Overlay Expansion ("Overlay
Expansion") .
Tonnage, Waste Volume Used and Anticipated Remaining
Volume: Shall be reported in writing to the City
of Muskego and the other Affected Municipalities
annually, with applicable supporting data by way of
field surveys, aerial surveys, or both, and
supporting engineering data and engineering models
The Operator shall provide all field or aerial
survey information to the Standing Committee
whenever performed by the Operator, but no less
than one flight and one field survey per year.
0
6. Current Zoning.
The parcel of property described in Exhibit "A" is comprised
of the following zoning districts A-2, 1-2, with portions of the
13
property being denominated as wetlands. This Agreement will call
for a waiver of any zoning prohibition against landfilling
activities in the area delineated in Exhibit "A" subject to
approval under Ch. 289, Wis Stats. for landfill activities,
including active fill, berming, and other current site activities
specifically identified in Exhibit "H" .
7. Primary Service Area.
The Primary Service Area shall be Kenosha, Racine, Walworth,
Milwaukee, Waukesha, Ozaukee, Washington, Jefferson, Rock and Dodge
Counties; however, Solid Waste generated outside of this area may
be Disposed of in the Active Fill Area.
8. Accentable Waste Tmes.
The acceptable waste types shall be non-Hazardous municipal,
institutional, commercial and industrial Solid Waste including but
not limited to refuse, garbage, combustible and noncombustible
demolition waste. All Special Waste shall be accepted under the
conditions of the Operator's Special Waste Program as currently
approved by DNR or as may be amended by the Operator and approved
by DNR. This contract shall specifically prohibit Hazardous Waste
and PCB contaminated sediments which do not meet the criteria set
forth in Exhibit "Q" attached hereto.
9. Estimated Waste Ouantities
This Active Fill Area is proposed to average 19,000 tons of
Solid Waste per week. Total waste quantities are estimated to be
9,500,000 cubic yards which equates to approximately 950,000 tons
per year.
10. Notices
Notices submitted to the Operator may be submitted in person
or by first class mail to the following address:
Superior Emerald Park Landfill, Inc
W124 S10629 South 124th Street
Muskego, WI 53150
Attention: General Manager
14
11 Contact Persons.
The Operator shall provide contact persons with current
telephone numbers available to the Affected Municipalities and
Standing Committee at all times who will be available for immediate
response. Furthermore, a twenty-four (24) hour emergency telephone
number shall be provided at all times with a required response time
of less than 10 minutes.
15
ARTICLE I11
TRANSPORTATION
1. Desianated Roadways.
A. Desiunated Authority.
The Operator, during the Term of this Agreement shall not
use and shall inform Acknowledged Transporters in writing, not to
use any roadways located in the Affected Municipalities as a route
for vehicle access to and from the Solid Waste Facility for
purposes related to any Disposal Operations, Storage Operations,
Treatment Operations or Long-Term Care Operations or Emergency
operations in the Active Fill Area or at any other location at the
Solid Waste Facility, unless those roadways located in the Affected
Municipalities are established and authorized by this Agreement as
one of the designated primary roadway routes for purposes of
vehicle access to and from the Solid Waste Facility. The Operator
agrees not to knowingly accept for Disposal any Solid Waste
transported to the Solid Waste Facility on roadways in the Affected
Municipalities other than the designated primary roadway routes.
This subsection establishing the designated primary roadway routes
and then restricting the roadway use on other roadways in the
Affected Municipalities shall not apply to the Operator,
Acknowledged Transporters, the Affected Municipalities and to any
residents of the Affected Municipalities when these above-noted
parties are collecting Solid Waste in the Affected Municipalities
in vehicles and then transporting such Solid Waste in vehicles to
the Solid Waste Facility for the purpose of Disposal of the Solid
Waste in the Active Fill Area at the Solid Waste Facility or for
the purpose of Storage Operations, Treatment Operations, Long-term
Care Operations, or Emergency operations at the Solid Waste
Facility.
This subsection shall not apply if the Affected
Municipality through which any alternate route or routes would
traverse and the Operator, at any time, mutually agree in writing
to establish any alternative routes or any additional routes in the
Affected Municipalities for vehicle traffic access to and from the
Solid Waste Facility for any Disposal Operations, Storage
Operations, Treatment Operations or for any Long-Term Care
Operations in the Active Fill Area or at any other location at the
Solid Waste Facility. This subsection shall also apply to the
Operator, when the Operator is transporting landfill construction
materials to or from the Solid Waste Facility to be used in the
16
construction, maintenance, closure or Long-Term Care of the Solid
Waste Facility, except for Emergency operations.
B. Prima- Roadways.
The Affected Municipalities, from the Effective Date and
extending until forty (40) years after Final Closure, shall permit
and designate Primary Roadway Routes and shall authorize, pursuant
to subsection "A", vehicle access to and from the Solid Waste
Facility by the Operator, its agents and its Acknowledged
Transporters, the following roadway routes located in the Cities of
Muskego and Franklin for vehicle access and traffic flow to and
from the Solid Waste Facility: Highway 45 (a/k/a 124th Street).
The Operator shall only use, and shall notify the
Authorized Transporters in writing to only use, the above-noted
Primary Roadways for vehicle access to and from the Solid Waste
Facility for Disposal Operations, Storage Operations, Treatment
Operations and Long-Term Care Operations except as otherwise
provided herein.
C. Maintenance of Local Roads.
The parties recognize that Operator's property abuts Union
Church Drive (a/k/a Eight Mile Road), and it is possible that
Operator may acquire additional property abutting Loomis Drive, or
a future extension thereof. The Operator agrees that none of its
vehicles shall use Union Church Drive (a/k/a Eight Mile Road) or
Loomis Drive for construction activities, Solid Waste Disposal,
leachate removal, or any activity that involves exceeding any local
or state weight limitations. In no event will any vehicle be
permitted on such roads for landfill construction activities,
leachate removal or the hauling of garbage by any trucks from
transfer stations or any garbage truck that is not in the process
of a local garbage pickup whose usage of Union Church Drive or
Loomis Drive is otherwise required.
2. Vehicle Reauirements.
During the Initial Term and extending until forty (40) years
after Final Closure, .regarding (a) the transporting of Solid Waste
in the Counties to or from the Solid Waste Facility, (b) the
Disposal by the Operator of Solid Waste in the Active Fill Area or
at any other location at the Solid Waste Facility, and (c) the
Disposal by its agents or Acknowledged Transporters of Solid Waste
in the Active Fill Area or at any other location at the Solid Waste
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Facility, the Operator shall use transport vehicles and shall
require its agents to use transport vehicles that are designed,
constructed, loaded and maintained in such a manner and that are
equipped with proper covers in such a manner as to prevent or
substantially eliminate any portion of any Solid Waste in such
transport vehicles from discharging, leaking, spilling, falling or
blowing out of such vehicles onto any public or private lands in
the Counties, excluding the Active Fill Area.
The Operator shall cooperate with the Affected Municipalities
in connection with their enforcement of any local ordinances
designed to prevent or substantially eliminate any portion of any
Solid Waste or Hazardous Waste in such transport vehicles from
Discharging, leaking, spilling, falling, or blowing out of such
transport vehicles onto any public or private lands in the Affected
Municipalities, excluding the Active Fill Area at the Solid Waste
Facility.
The Operator will take all reasonable measures appropriate to
prevent any foreign material from being tracked onto Highway 45 and
will be responsible for removing any foreign material on Highway 45
as a result of Disposal Operations within 24 hours of being
notified of the same by representatives of either the Affected
Municipalities or the Standing Committee. The Operator will
inspect Highway 45 daily.
The Operator shall adopt the policy and procedures set forth
in Exhibit M with respect to Acknowledged Transporters (other than
the Operator or any affiliate of Superior Services, Inc., which
shall be subject to the provisions set forth above).
3. Litter and Discharge Bevond the Solid Waste Pacilitv.
A. Solid Waste and Hazardous Waste Discharge Reports.
The Operator, during the Term of Agreement shall report
any Solid Waste or Hazardous Waste Discharge beyond the Design
Management Zone to the Clerks of the Affected Municipalities and
the Standing Committee in writing within forty-eight (48) hours of
the Operator receiving any information related to any Discharge if
such Discharge occurred when the Operator, its agents or
Acknowledged Transporters were transporting authorized or
unauthorized Solid Waste or Hazardous Waste to or from the Solid
Waste Facility and if the Discharge occurrence was caused by the
Operator or by its agents or Acknowledged Transporters. This
provision does not apply to any Solid Waste Disposed by Operator or
by its agents or by any other parties in the Active Fill Area. In
addition to the written reporting requirements, immediate notice
shall be orally transmitted to the City of Muskego and the Standing
Committee of such Discharge, providing all relevant information
known at that time to the Operator, and the Operator's intended
response to such Discharge. These oral and written notices shall
be in addition to any State or Federal Reporting requirements,
which shall simultaneously be transmitted to the City of Muskego
and the Standing Committee.
The Operator, upon oral or written knowledge of any
Discharge by Operator or by its agents onto any public or private
lands in the Affected Municipalities, other than any Solid Waste
Disposed in the Active Fill Area, shall take, as soon as possible,
all reasonable efforts to contain and then to remove the Discharge
from these lands.
The Operator, upon oral or written knowledge of any
Hazardous Waste Discharge onto any public or private lands in the
Affected Municipalities by the Operator or its agents, shall take,
as soon as possible, all reasonable actions to: (a) contain and
remove the Hazardous Waste, (b) as soon as possible, all reasonable
actions to protect the public health and safety of persons in the
Affected Municipalities, and (c) as soon as possible, shall take
all reasonable actions to protect the natural resources in the
Affected Municipalities.
The Operator shall, in its written notice describe the
location of the Discharge, the date of the occurrence, if known,
the type and amount of the Solid Waste or Hazardous Waste
Discharge, if known, and the suspected cause of the Discharge, if
known,
B. Discharue Removal on Roadways.
The Operator, during the Initial Term, shall police and
remove any Discharge by the Operator including litter, from the
roadways or from rights-of-way next to the Primary Roadways within
the Affected Municipalities within one-half mile of the entrance of
the Solid Waste Facility. This one-half mile provision shall apply
to any waste that occurs in such area, but shall not in any way
limit or waive the Operator's responsibilities or its other
obligations under this contract with respect to discharges which
are caused by the Operator or its Transporters elsewhere in the
Affected Municipalities.
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4. TranSDOrterS of Solid Waste.
A. List of TransDorters.
Within thirty (30) days after beginning to accept Solid
Waste for Disposal at the Active Fill Area, the Operator shall
prepare a list of its Acknowledged Transporters. The list shall
contain the names, addresses and telephone numbers of the
Acknowledged Transporters and their WDNR permit numbers. The
initial list shall be filed with the Standing Committee and shall
be updated annually and available for inspection by the Standing
Committee during regular business hours. All such annual updates
shall be mailed to the Standing Committee. This information shall
be subject to the confidentiality provision reflected in Article
IV, Section 2 below.
E. Persons Authorized.
No Acknowledged Transporter, including the Operator,
shall transport Solid Waste to the Active Fill Area, until a
license has been issued by the Department, and the Operator has
complied with all applicable Solid Waste statutes and regulations
related to the operation of the Active Fill Area. The Operator
shall not Store or Treat Solid Waste or authorize any other parties
to Store or Treat Solid Waste in the Active Fill Area, or at any
location at the Solid Waste Facility, unless such activity has been
approved by the Department and then only if the Operator has
complied, or will comply with any existing federal and state Solid
Waste Disposal Facility laws and regulations, and any municipal
ordinances that are not made inapplicable by this Agreement.
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ARTICLE IV
OPERATIONS AT OR NEAR THE SOLID WASTE FACILITY
' 1. ReDOrtS to the Affected MUniCiDalitieB.
A. ReDOrtS from the Operator.
The Standing Committee, during the Initial Term and
extending until forty (40) years after Final Closure, shall receive
from the Operator, written copies, within seven (7) days of
distribution by the Operator, written reports and written
correspondence provided by the Operator to the Department or to any
other state or federal environmental agency or to any state or
federal court provided said reports and correspondence are
associated with the Solid Waste Facility, including, but not
limited to, letters, court documents, technical reports, testing
data, recording data, monitoring data, and any recycling
information that any Affected Municipality requests that is needed
for reporting requirements.
The Standing Committee may establish, at its expense, a
video taping system which shall have a day and time display The
Standing Committee and Operator shall coordinate such video tape
system with a computerized weight-scale system which will permit
the Standing Committee to observe all trucks that enter the site,
show the truck being weighed and concurrently obtain weight scale
information through an identification system which will permit
immediate reference and identification to the truck loads being
contemporaneously weighed. In the event the Committee elects to
have one of its members or a designated representative monitor the
system on-site during normal business hours, the Operator will
fully cooperate and make such operations available for inspection
and observation.
B. ReDOrtS from Government Auencies.
The Standing Committee, during the Initial Term and
extending until forty (40) years after Final Closure, shall receive
from the Operator written copies, within seven (7) days of receipt
by the Operator, of all written reports and written correspondence
received by the Operator from the Department or from any other
state or federal environmental agency or from any state or federal
court provided said reports and correspondence are associated with
the Solid Waste Facility, including but not limited to, letters,
court documents, technical reports, testing data, recording data
21
and monitoring data. These copies shall be provided by the
Operator at no cost.
C. Residential Concerns of the Affected MuniciDalities.
The Standing Committee, during the Initial term and
extending until forty (40) years after Final Closure, shall each
receive from the Operator one set of copies, within seven (7) days
of receipt by the Operator, of all written letters, written reports
and other written correspondence, except general notifications or
general mailings to all residents or property owners, received by
the Operator from any public official of any of the Affected
Municipalities or from any resident of the Affected Municipalities
where the above-noted letters, reports or correspondence are
associated in any way with the Solid Waste Facility. These
letters, reports or correspondence shall include but are not
limited to, complaint letters, court documents, technical reports,
testing data, recording data and monitoring data. These copies
shall be provided by the Operator at no cost.
D. ODerator Responsibilitv to the Affected
MuniciDalities.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall be fully responsible to
the Affected Municipalities to take reasonable steps to insure that
the Operator and Acknowledged Transporters and their employees and
agents transport Solid Waste to and from the Solid Waste Facility
and conduct any other Disposal Operations, Storage Operations,
Treatment Operations or Long-Term Care Operations related to or at
the Solid Waste Facility, in full compliance with the applicable
provisions of this Agreement, including but not limited to, the
following sections:
i. Article 111, Section 1 - Designated Roadways
ii Article 111, Section 2 - Vehicle Requirements
iii. Article 111, Section 3 - Litter and Discharge
Beyond the Solid Waste Facility
iv Article 111, Section 4 - Transporters of solid
Waste
V Article IV, Section 3 - Hours and Days Of
Operation
LL
vi. Article IV, Section 8 - Fire, Disaster and
Hazard Control
vii. Article IV, Section 23 - Prohibition Against
Hazardous Waste Disposal
E. Notice of Aureement.
The Operator, during the Initial Term, shall notify in
writing its agents and the Acknowledged Transporters who are
allowed by the Operator to transport Solid Waste to and from the
Solid Waste Facility for Disposal in the Active Fill Area of the
applicable provisions of this Agreement. Such written notice shall
be provided to such agents and Acknowledged Transporters when they
commence transporting Solid Waste with the written notice attached
as Exhibit M
2. Confidentialitv Acrreement.
The Standing Committee covenants and agrees that for the
period commencing on the Commencement Date and extending until 40
years after Final Closure, the Standing Committee shall not, except
as explicitly requested by the Operator or as otherwise required by
law, disclose to any person (other than its attorneys, who shall
have agreed to be bound by the terms of this provision) any
confidential information provided for in this Agreement as to the
business of the Operator. The Standing Committee further agrees
that they will not, individually or collectively, disclose pricing
information, cost structure, customer names, addresses or telephone
numbers, or the terms or conditions of any customer contracts, bids
or proposals, to any person, firm, corporation, association,
governmental body, quasi-governmental body, or other entity, except
to authorized representatives of an operator or as required by law.
If the Standing Committee becomes legally compelled to disclose
such confidential information, the Standing Committee shall provide
the Operator with written notice of the Standing Committee's legal
obligation to disclose confidential information as soon as
possible, but in no event later than within two (2) business days
after the Standing Committee receives any request, Court Order or
legal process obliging the Standing Committee to release the
confidential information, so that the Operator may seek a
protective order or other appropriate remedy. For purposes hereof,
"confidential information" shall mean and include, without
limitation, all trade secrets, rights, customer lists,
subcontractor lists and related information as to customers and
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subcontractors, and all information concerning the business of the
Operator's services, clients, customers, subcontractors, costs,
profits, markets, sales, reports, written correspondence, data,
trade secrets, processes, programs, products, marketing and
distribution methods, which shall exclude any methods which have
been or are hereafter independently developed or disclosed by a
third party who is not in breach of a confidentiality undertaking
with the Operator, or which otherwise is or becomes part of the
public domain due to no act or omission of the Standing Committee
members thereof. This confidentiality agreement shall not apply to
any information pertaining to information as provided to the
Standing Committee which relates to the monitoring or protection of
public or private health, safety and welfare, such as DNR reports,
groundwater monitoring Discharges or other threats to the
environment, public or private property. The Standing Committee
agrees that the provisions and restrictions contained in this
provision are necessary to protect the legitimate continuing
interests of the Operator in performing its obligations under this
Agreement.
3. Hours and Davs of Operations.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall not conduct any
construction, Disposal Operations, Storage Operations, Treatment
Operations or Long-Term Care Operations at the Solid Waste Facility
nor shall it allow any construction, Disposal Operations, Storage
Operations, Treatment Operations or Long-Term Care Operations by
its agents, by its Acknowledged Transporters or by any other
parties at the Solid Waste Facility, before 7:OO a.m., Monday
through Saturday. The Operator will be permitted to warm up the
equipment and vehicles at 6:30 a.m., Monday through Saturday. The
Operator shall terminate all construction, Disposal Operations,
Storage Operations, Treatment Operations and Long-Term Care
Operations and it shall not allow any construction, Disposal
Operations, Storage Operations, Treatment Operations or Long-Term
Care Operations by its agents, by its Acknowledged Transporters or
by any other parties at the Solid Waste Facility, after 5:OO p.m.,
Monday through Friday, and Noon on Saturday. The Operator shall
not conduct any construction, Disposal Operations, Storage
Operations, Treatment Operations or Long-Term Care Operations, nor
shall it allow any construction, Disposal Operations, Storage
Operations, Treatment Operations or Long-Term Care Operations by
its agents, by its Acknowledged Transporters or by any other
parties at the Solid Waste Facility on Sundays or on the following
holidays: Christmas Day, Thanksgiving, Labor Day, New Year's Day,
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Memorial Day and Independence Day. Any "operation" herein shall be
deemed to include the operation or activation of any vehicles
weighing more than 8,000 pounds , machinery or equipment, but shall
exclude Emergency operations, bio-remediation, passive composting,
landfill gas control currently being conducted, and other
operations inside closed buildings.
The Operator shall not permit any vehicles to be parked on
Highway 45 or in the Highway 45 right-of-way. There shall be no
parking on the Operators own property, including its road access
(private drive) prior to 6:45 a.m.
In addition, the above-noted hours and days of operation may
be amended by written agreement of the Standing Committee.
4. Dust. Dirt and Debris Control at the Solid Waste
Facilitv.
The Operator, during the Initial term and specifically
including the construction phase, such phase being considered a
part of the Initial Term, and extending until forty (40) years
after Final Closure, shall take the appropriate and necessary
actions to control the blowing of dust and debris from the Solid
Waste Facility and shall take appropriate or necessary actions to
control the Discharging of other Solid Waste or pollutants or
contaminants from the Solid Waste Facility onto any lands outside
the Solid Waste Facility. The Operator shall Dispose of Solid
Waste in the Active Fill Area and shall conduct any construction,
Disposal Operations, Storage Operations, Treatment Operations, clay
extraction and Long-Term Care Operations at the Solid Waste
Facility in such a manner that utilizes available technology,
equipment and manpower to minimize odors, litter, dust, dirt,
debris or other materials or any substance that might be carried by
wind or other means across the boundary of the Solid Waste Facility
onto any lands outside the Solid Waste Facility. The Operator
shall apply all appropriate or necessary cover materials on the
Solid Waste Disposed in the Active Fill Area to limit the blowing
of litter and debris.
5 Groundwater Monitoring
The Operator shall undertake the groundwater monitoring
program (including private wells) required by the Department,
imposed as a condition of its Feasibility Approval, or any
subsequent requirement made by the Department to test groundwater
or private wells.
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Private Well Testing shall be performed as described in
Exhibit "E".
6. Noise, Odor and Air Oualitv.
The Operator shall comply with all reasonable noise control
measures as requested by the Standing Committee. In no event shall
decibel readings created by the Operator violate the City of
Muskego noise ordinance, nor shall decibel readings created by the
Operator exceed 65 dba at the property line (excluding the Highway
45 entrance to the facility where such noise is caused by vehicular
travel, as further set forth in Exhibit "L". The Operator shall
also meet all air quality standards as set forth in Exhibit "D".
7. Rodent and Insect Control at the Solid Waste Facility.
A. Prevention of Rodents and Insects
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall Dispose Solid Waste in
the Active Fill Area and shall conduct any Disposal Operations,
Storage Operations, Treatment Operations and Long-Term Care
Operations at the Solid Waste Facility in such a manner as to
substantially control or minimize rodent and insect harborage
through an effective vector control program.
B. Control of Rodents and Insects.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall take appropriate and
necessary actions to control any rodents and any insects at the
Active Fill Area. The Operator shall apply at the Active Fill
Area, the pesticides or rodent control measures at appropriate
levels to prevent any damage to or injury to public property or
private property in the Affected Municipalities and to prevent
damage or injury to the natural resources in the Affected
Municipalities.
8. Fire, Disaster and Hazard Control.
A. Creation of Fire Hazards.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall Dispose Solid Waste in
the Active Fill Area at the Solid Waste Facility and shall conduct
any Disposal Operations, any Storage Operations, any Treatment
26
Operations and any Long-Term Care Operations at the Solid Waste
Facility in such a manner through an effective fire prevention and
control program to minimize and thereafter control fires and
explosions at the Solid Waste Facility and to substantially prevent
and’effectively eliminate any fire hazards or any potentially
explosive hazards from occurring at the Solid Waste Facility.
B. Public Nuisance.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall dispose Solid Waste in
the Active Fill Area at the Solid Waste Facility and shall conduct
any Disposal Operations, any Storage Operations, any Treatment
Operations and any Long-Term Care Operations at the Solid Waste
Facility in such a manner as to prevent any public nuisance in the
Affected Municipalities from occurring relating to the Solid Waste
Facility or its operations, including public nuisances associated
with polluted groundwater, polluted air and polluted surface water.
C. Private Nuisance.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall dispose Solid Waste in
the Active Fill Area at the Solid Waste Facility and shall conduct
any Disposal Operations, any Storage Operations, any Treatment
Operations, and any Long-Term care operations at the Solid Waste
Facility, in such a manner as to prevent any private nuisance in
the Affected Municipalities from occurring as a result of the Solid
Waste Facility or its operations, including any private nuisances
associated with polluted ground water, polluted air, and polluted
surface water.
D. Hazardous Waste.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall not, at any time,
Dispose, Store or Treat Hazardous Waste in the Active Fill Area or
at any other location at the Solid Waste Facility nor shall it
allow Disposal, Storage or Treatment of Hazardous Waste by its
agents, by its Acknowledged Transporters, or by any other party in
the Active Fill Area or at any other location at the Solid Waste
Facility. The Operator, whenever appropriate and necessary, shall
separate, remove, contain, cover or isolate any particular Solid
Waste or Hazardous Waste that has been Disposed, Stored or Treated
in the Active Fill Area or at any other location at the Solid Waste
Facility in such a manner as to substantially prevent a public or
27
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private nuisance in the Affected Municipalities from occurring, and
to effectively prevent any liberation of hazardous or poisonous gas
from the Solid Waste Facility to any other location in the Affected
Municipalities, to effectively prevent any liberation of Hazardous
Waste from the Solid Waste Facility to any other location in the
Affected Municipalities or to effectively prevent any damage to the
natural resources of the Affected Municipalities.
E. Security Personnel
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall have the responsibility
and duty to the Affected Municipalities to employ or retain at the
Solid Waste Facility the appropriate and necessary employees,
personnel, and/or equipment to provide and maintain proper security
in the Active Fill Area or at any other location at the Solid Waste
Facility for the purpose of preventing or substantially reducing
any physical access by unauthorized parties to the Solid Waste
Facility.
9. Court Action by the Affected Municipalities or Standinq
Committee.
A Contract Enforcement.
The Affected Municipalities or Standing Committee, during
the Initial Term, and extending until forty (40) years after Final
Closure, notwithstanding any other provisions of this Agreement,
may commence and maintain individually or jointly legal actions
against the Operator under the common law of public nuisance,
trespass, negligence, strict liability, breach of contract, agency
or under any applicable state or federal statutory or common laws,
for damages and costs' suffered by the Affected Municipality,
related to or associated with any public nuisance or physical
injury to any party or any property caused by or alleged to have
been caused by the Operator arising in any way as a result of any
anticipated or unanticipated occurrences in the Affected
Municipalities related to or associated with the Solid Waste
Facility which are caused by the Operator or its agents, including
but not limited to, occurrences related to or associated with
Disposal, Storage or Treatment of Solid Waste or Hazardous Waste in
the Active Fill Area or at any other location at the Solid Waste
Facility, occurrences related to or associated with the
transportation of Solid Waste or Hazardous Waste to and from the
Solid Waste Facility by the Operator or by its agents and any
occurrences related to or associated with any Disposal Operations,
28
Storage Operations, Treatment Operations or Long-Term Care
Operations at the Solid Waste Facility.
The Affected Municipalities and Standing Committee are hereby
entttled to seek and receive abatement of any public nuisance that
may be related to or associated with the Solid Waste Facility which
is proved to be caused by the Operator or its agents
The Operator and the Affected Municipalities agree that this
Agreement shall have the same legal force and effect as a municipal
ordinance, as between the Operator and the Standing Committee
formed under Exhibit C to this Agreement. In the event an alleged
violation of this Agreement cannot be resolved with the Standing
Committee, after following the procedures in paragraph 10 of
Exhibit C, the Standing Committee may issue a citation to the
Operator for such violation. The Municipal Court for the City of
Muskego shall have jurisdiction to hear and determine any citations
issued by the Standing Committee and may assess penalties against
the Operator according to the following schedule:
i. First Violation: $10.00 to $500.00, plus court
costs.
ii. Second Violation: $1,000.00 to $2,500.00, plus
court costs.
iii Third Violation: $2,500.00 to $10,000.00, plus
court costs.
Each day of violation shall be considered a separate violation
for purposes of this penalty section, as the same also applies to
the Municipal Code of the City of Muskego and Waukesha County
The parties hereto understand that currently municipal
ordinance violations are processed through Municipal Court but the
parties are entitled to a trial de novo at the Circuit Court level.
The parties stipulate that the penalty provisions set forth herein
shall be binding upon the Circuit Court of Waukesha County with
respect to any action that is commenced in Municipal Court. The
issuance of a citation by the Standing Committee under this
paragraph shall not preclude the Standing Committee or the Affected
Municipalities from seeking other or additional legal or equitable
relief with respect to any alleged violation of this Agreement.
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B. Public Nuisance.
In the event of the occurrence of a public nuisance, any
of the Affected Municipalities may bring an action to abate such
public nuisance
C. Private Nuisance.
In the event that a private nuisance occurs or in the
event that the Operator causes any individual action, including
trespass, negligence or any other violation of this Agreement for
which an individual is aggrieved, such individual or individuals
may bring an action against the Operator for appropriate relief.
10. Administrative Action.
The Affected Municipalities or Standing Committee, during the
Initial Term and extending until forty (40) years after Final
Closure, notwithstanding any provisions of this Agreement, may
petition the Department under 5 289.92, Wis. Stats., or 5 291.89,
Wis. Stats., or their successor provisions, to initiate action by
the Department against the Operator for a violation or alleged
violation by the Operator of any rule promulgated or special order,
plan approval, license or any term or condition of a license
established by or issued by the Department wherein any such
violation or alleged violation is related to or associated with the
Solid Waste Facility. Operator retains the right to assert any
defense it may have related to any petition(s) .
11. TemDorarv/Emeraency Closure of Active Fill Area.
During the Initial Term the Operator shall notify in writing
within two (2) business days, the Clerks for the Affected
Municipalities and Standing Committee of any temporary, Emergency
or Final Closure of the Active Fill Area, including any ordered
temporary, Emergency or Final Closure of the Active Fill Area
wherein such order is made by the Department, or by any other state
or federal agency or by any state or federal court The Operator
shall provide in its written notice to the Affected Municipalities
and Standing Committee the specific reasons, if known, for a
temporary, Emergency or Final Closure of the Active Fill Area
12. Access to the Solid Waste Facility
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall allow the Affected
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0
Municipalities or Standing Committee and their officers, employees
or agents, the right to immediately obtain access to and enter the
Solid Waste Facility during any Emergencies at the Solid Waste
Facility. They shall also have the right to obtain access and to
enter the Solid Waste Facility during normal operating hours upon
twenty-four (24) hours oral or written notice from the Affected
Municipalities, Standing Committee or their representatives or
members. Physical access to the Solid Waste Facility shall be
a1 lowed :
A. To observe Disposal Operations, Storage Operations,
Treatment Operations or Long-Term Care Operations
at the Solid Waste Facility;
E. To sample and test groundwater, leachate and air
quality at the Solid Waste Facility (provided that
any sampling or testing must be performed by a
licensed professional engineer using methods and
materials approved by the Department of Natural
Resources), and further provided that access to the
monitoring wells shall be available only when an
employee of the Operator is present;
C. To sample and test characteristics of the Solid
Waste at the Solid Waste Facility; or
D. To take any appropriate and necessary action at the
Solid Waste Facility during any Emergency to
protect the public health, safety and welfare of
the residents of the Affected Municipalities and/or
to take any appropriate and necessary action to
protect the natural resources of the Affected
Municipalities.
Except during Emergencies, the designated officers, employees
or agents of Affected Municipalities or the Standing Committee
shall be accompanied by one or more employees or agents of the
Operator. In addition, the activities of the designated officers,
employees or agents shall be conducted so as to not interfere with
the normal business operations at the Solid Waste Facility except
during Emergencies.
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13 Revair. Maintenance and Reconstruction of the Active Fill
Area.
The Operator, during the Initial Term and extending until
forw (40) years after Final Closure, shall have the responsibility
and duty to the Affected Municipalities to properly and timely
maintain, repair, reconstruct and to properly and timely provide
Long-Term Care of the Active Fill Area and/or, if appropriate and
necessary, to temporarily or permanently close the Active Fill
Area, if at any time the failure by the Operator to properly and
timely maintain, repair, reconstruct or to properly and timely
provide Long-Term Care of the Active Fill Area and/or its failure
to temporarily or permanently close the Active Fill Area for
Disposal Operations is likely to present a substantial danger of
creating a public or private nuisance in the Affected
Municipalities or is likely to create a substantial danger to the
public health, safety or welfare of any persons in the Affected
Municipalities or is likely to cause substantial damage to the
natural resources in the Affected Municipalities. Enforcement of
this paragraph shall be as set forth under Section 9, paragraphs B
and C of this Article.
14. Hazardous Waste Disposal Notice.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, upon its receipt of any
information that any Hazardous Waste has been transported to the
Solid Waste Facility or that any Hazardous Waste has been Stored,
Treated, Disposed or handled in any way by the Operator, by its
agents, by its Acknowledged Transporters or by any other parties in
the Active Fill Area or any other location at the Solid Waste
Facility, shall then give notice orally within two (2) business
days of its receipt of the information to the Affected
Municipalities and Standing Committee. The Operator shall, in
addition, notify the above-noted parties in writing within forty-
eight (48) hours of the receipt of this information. Such notice
shall describe the date of the occurrence and the type, amount and
source of Hazardous Waste. The Operator shall, upon receipt of
such information, immediately commence any appropriate and
necessary action to properly remove or to properly contain the
Hazardous Waste at the Solid Waste Facility.
15 Hazards Notice
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall orally notify the
32
Affected Municipalities and Standing Committee within twenty-four
(24) hours of the receipt of information by the Operator of the
following known or suspected hazards or known or suspected
occurrences in the Active Fill Area or at any other location at the
Solld Waste Facility: fires that are not immediately extinguished
by the Operator without outside assistance, explosions,
contaminated or polluted surface water, contaminated or polluted
groundwater, explosive or combustible gases that are not controlled
through Operator's landfill gas extraction system and hazardous
gases or hazardous dust. The Operator shall, in addition, report
in writing within two (2) business days of the receipt of the
information by the Operator regarding the above-noted known or
suspected hazards and known or suspected occurrences, describing in
detail the above noted known or suspected hazards or known or
suspected occurrences, the location of such hazards or occurrences,
any incidents of damages to persons or property that may have
occurred as a result of the above-noted known or suspected hazards
or occurrences and any actions taken or actions to be taken in the
future by the Operator regarding the above-noted known or suspected
hazards or known or suspected occurrences.
16. ResDonsible ManaUer6.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall provide to the Affected
Municipalities and Standing Committee, the names, titles, addresses
and telephone numbers of any responsible manager or responsible
managers retained by or employed by the Operator whose
responsibilities to the Operator and whose authority from the
Operator shall be to manage, control and administer the Disposal of
Solid Waste in the Active Fill Area and to manage, control and
administer any Disposal Operations, Storage Operations, site
construction operations, Treatment Operations and Long-Term Care
Operations at or related to the Solid Waste Facility. The names or
titles, addresses and telephone numbers of the responsible managers
shall be provided within five (5) business days after the Agreement
is executed by the Negotiating Committee, Affected Municipalities
and the Operator, and shall be updated whenever necessary
thereafter, in writing, to provide the most current names or
titles, addresses and telephone numbers of the current responsible
manager or responsible managers.
11. Heicrht Restriction.
The maximum height of the proposed Active Fill Area shall not
exceed 960 feet above mean sea level.
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18. Depth Restriction.
The maximum depth of the Active Fill Area shall not exceed 70
feet below the natural grade existing prior to any clay extraction
or construction of any part of the Active Fill Area or below 712
feet above mean sea level
19. Erosion and Run-off.
A. Erosion Restrictions.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, will control surface water
runoff and erosion by compliance with surface water control
provisions of the Plan of Operation for the Solid Waste Facility on
file with the Department and as set forth in Exhibit "H" and "K".
B. Abatement of Erosion.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, upon written notice by any
Affected Municipality or the Standing Committee describing to the
Operator the location of any surface water run-off or erosion
discharged from the Active Fill Area onto any other lands located
in the Affected Municipalities which violates the Plan of Operation
on file with the Department shall, within two (2) business of
receipt of the written notice, take appropriate and necessary
actions to abate or remove the described run-off or erosion from
such other lands, subject to the Operator's rights to challenge the
same.
C. Standina ODen Water and Wetlands.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall undertake an effective
program to substantially eliminate the standing water at the Solid
Waste Facility, except for those sedimentation basins and ponds
approved by the Department and wetland areas within the Solid Waste
Facility
D. Storm Water.
The Operator shall comply with all storm water runoff
regulations, policies or ordinances of the City of Muskego,
34
including the draft 1998 Storm Water Ordinance which is attached as
Exhibit “Kt’ .
20. Surface Water.
The Operator, during the Initial Term and extending until
forty (40) years after Final Closure, shall take the appropriate
and necessary actions to direct all surface water coming in contact
with any Solid Waste at the Active Fill Area into an appropriately
maintained leachate collection system. The Operator shall take the
appropriate and necessary actions to direct all surface water not
coming into contact with the Solid Waste into the appropriately -
maintained sedimentation basin located at the Solid Waste Facility.
The Operator shall not Discharge water nor shall it allow the
Discharge of water from any sedimentation basin at the Solid Waste
Facility into any surface water drainage area at the Solid Waste
Facility until the surface water discharge complied with the
appropriate regulations and requirements of the Department.
21 Post-Closure Alienation.
After Final Closure, the Operator agrees not to sell,
transfer, or convey any interest in either the property upon which
the Active Fill Area is proposed to be located or any interest in
the post closure operation itself (including the sale or assignment
to a third party of the right to collect, transport, sell or make
other use of the by-products generated by the Active Fill Area)
without the written approval of the City of Muskego and Waukesha
County, which approval shall not be unreasonably withheld. Gas
extraction and the sale thereof shall be permitted. Reasonable
approval shall be predicated upon the experience and financial
wherewithal of any successor corporation or operator. Where these
standards are not met, any transfer shall be subject to the new
Operator being liable and responsible for compliance with this
contract without affecting Superior Services, Inc.‘s agreement to
comply with the terms of this Agreement.
22. Landfill Closure Plan.
The Operator shall comply with the Landfill Closure Plan set
forth in Exhibit “G” attached hereto. The City of Muskego shall
specifically approve the same, and shall approve any modification
thereof. The Landfill Closure Plan shall be completed as to each
cell, phase or area of expansion in the Solid Waste Facility within
18 months after each site is no longer receiving waste. It shall
be the intent of this section to promote an aesthetic appearance
35
reasonably possible for the site and to permit passive recreational
uses and other uses that do not conflict with the Closure
responsibilities of the Applicant and applicable requirements of
the DNR,
Each aspect of the Landfill Closure Plan shall be set forth
with sufficient specificity so as to define the minimum and maximum
requirements of the Plan proposed. In the event that there is any
gap in the Plan due to the Operator's failure to include such
details in a Plan, then the City of Muskego shall have the
authority, either through its Planning and Zoning Office or to have
an independent consultant with professional landscape experience
and qualifications sufficient to design Landfill Closure Plan, to
provide such details and specific requirements to comply with the
intent of this section.
The Landfill Closure Plan will include provisions prohibiting
the discharge of surface water off-site at a volume or rate greater
than what currently exists or which existed prior to the initial
Superior Emerald Park Landfill having been developed, whichever
permitted less volume and flow of surface water off of the
property.
23. Prohibition Aaainst Hazardous Waste Disposal.
The Operator, during the Initial Term and extending until
forty (40) years Final Closure, shall not knowingly transport
Hazardous Waste to the Solid Waste Facility nor shall it knowingly
Dispose Hazardous Waste in the Active Fill Area or at any other
location at the Solid Waste Facility. The Operator, in addition,
shall not knowingly allow its agents, its Acknowledged Transporters
or any other parties to transport Hazardous Waste to the Solid
Waste Facility nor shall it knowingly allow the above-noted parties
to Dispose Hazardous Waste in the Active Fill Area or at any other
location at the Solid Waste Facility This provision shall in no
way be construed or interpreted by any person or persons to be less
stringent than any regulations of the Department relating to the
Disposal, Storage or Treatment of Hazardous Waste at any location,
including the Active Fill Area and at any other location at the
Solid Waste Facility. This provision shall in no way be construed
or interpreted by any person or persons to mean that the Affect
Municipalities authorize or approve in any way of the Disposal,
Storage or Treatment or Hazardous Waste at the Solid Waste Facility
or at any operations related thereto
36
24. Chanae in OwnershiD.
A. This Agreement shall be applicable to the present
Operator, Superior Emerald Park Landfill, Inc., its successors and
assigns, and to all parties to which the Operator may transfer any
or all of its ownership interests or contracts or subcontracts
concerning its operations in and responsibilities for the Solid
Waste Facility. Superior Services, Inc. shall obtain a separate
release of its responsibilities from the City of Muskego and
Waukesha County in guaranteeing the performance of the Operator.
B. That in conjunction with Paragraph A, the Operator,
shall notify the Affected Municipalities and the Department of any
and all changes in ownership of the Solid Waste Facility, and
provide proof that any such successor or assign has notice and
acknowledges this Agreement and the duties and obligations
hereunder.
C. That in conjunction with the foregoing, the Operator
shall not transfer any of its interest in the operation of the
Solid Waste Facility or of its property interests in the Solid
Waste Facility unless such party or entity can be demonstrated by
the Operator to have the ability, both financial and operational,
to comply with the terms of this Agreement, the Department and/or
the landfill license, and State law. The Operator shall provide
documentation sufficient to demonstrate the same prior to
transferring any such interests. The City of Muskego and Waukesha
County shall have standing to challenge such transfer if the
transferee is not found to be financially able or otherwise able to
comply with the requirements of this Agreement, the Department
landfill license and State law. The Affected Municipalities shall
have forty-five (45) days from receipt of the aforementioned
documentation in which to bring action in circuit court to prevent
or avoid such transfer, unless such deadline is extended by mutual
agreement of the Affected Municipalities and the Operator.
D. This Agreement shall be further guaranteed by
Superior Services, Inc., which shall remain responsible for all
obligations set forth under this Agreement unless released by the
City of Muskego and Waukesha County.
37
0
0
0
25. ODeration Terms
A. DiSDOSal ODerations. Storaae merations and
Treatment ODerations.
In consideration of the terms and provisions of this
Agreement, from the Effective Date hereof and until Final Closure
of the Active Fill Area, subject to Operator obtaining any required
applicable DNR permits or approvals, the Operator shall be allowed
to :
1.
ii ..
Use the area described in Exhibit "A" and any
remaining area of the "Expansion" (hereinafter
"currently - licensed facility") as authorized
and defined under the Final Negotiated
Agreement between Operator and the Affected
Municipalities executed by Operator on July
17, 1992, to construct, operate, repair,
maintain, and close the Solid Waste Facility.
To continue the following existing uses
located at the Solid Waste Facility:
the composting facility authorized under
existing zoning permit from the City of
Muskego;
the accessory facilities to such uses
under existing zoning permits from the
City of Muskego.
Perform bioremediation activities in the
Active Fill Area involving contaminated
soils in the Solid Waste Facility, which
shall in all ways qualify as Solid Waste
under this Agreement, including the
direct payment section of this Agreement.
Operate a Recycling and Residential Waste
Disposal Convenience Center for the
residents of the City of Muskego, as set
forth in the Conditional Use Permit
attached in Exhibit "H".
Copies of the foregoing zoning and special use permits are
attached hereto and incorporated herein as Exhibit "H". The
38
Operator may undertake and conduct only the above enumerated uses
at the Solid Waste Facility without the further issuance of any
licenses, approvals, permits or further conditions, except as
specifically provided for in this Agreement and within the terms of
the'aforesaid special use permits and zoning permits. It is the
intent of the parties that this Agreement supersedes any local
licenses, approvals and permits imposed by each Affected
Municipality's ordinances which are required to authorize the above
enumerated uses, except that the terms of the aforesaid special use
permits and zoning permits shall remain in full force and effect
where such terms are in addition to or do not conflict with the
terms of this Agreement. Where the terms of this Agreement and the
terms of special use permits conflict, the more restrictive terms
to the Operator shall apply. No uses other than as enumerated
above shall be allowed at the Solid Waste Facility.
The Operator shall be subject to all criminal and civil laws
or ordinances enforceable by the Affected Municipalities pertaining
to the public health, safety, and welfare, including, but not
limited to: any criminal statutes, any ordinance affecting the
public health, safety, or welfare, traffic laws and regulations,
equipment safety regulations, or any other law or regulation
applicable to any activity affecting the Operator's or its agent's
conduct or operations off of, or outside of, the Solid Waste
Facility.
This Agreement is intended to waive and replace those Local
Approvals for the siting, construction and operation of a Solid
Waste Facility within which the Active Fill Area shall be located
and shall be limited to those other activities specifically agreed
to in this Agreement.
Until Final Closure of the Active Fill Area, the Operator
shall conduct Solid Waste Disposal and it shall only allow Solid
Waste Disposal Operations by its agents at the Solid Waste Facility
subject to the requirements and specific provisions established in
this Agreement.
E. Initial Operations, Closure Operations and
Post-Closure Operations.
The Operator shall be fully responsible to the Affected
Municipalities to properly maintain, properly construct, properly
repair and to properly close the Active Fill Area at the Solid
Waste Facility and to properly conduct the Disposal Operations and
39
authorized Storage and Treatment Operations at the Solid Waste
Facility.
The Operator, after the date of Final Closure and extending
unt4l forty (40) years after Final Closure, shall be responsible to
the Affected Municipalities to provide the proper Long-Term Care
Operations at the Active Fill Area.
The Operator, from the Effective Date and extending until
forty (40) years after Final Closure, shall be responsible to the
Affected Municipalities to take any appropriate and necessary
Removal or Remedial Actions at the Active Fill Area.
The Operator, upon the date of Final Closure, shall cease
transportation of Solid Waste to the Active Fill Area and shall
prevent any further transportation of Solid Waste to the Active
Fill Area at the Solid Waste Facility, shall cease Disposal of any
Solid Waste and shall prevent any further Disposal of Solid Waste
at the Active Fill Area, and shall not conduct any Disposal
Operations, Storage Operations or Treatment Operations at the
Active Fill Area, and Compost Facility Area, or at any other
location at the Solid Waste Facility and shall not allow any
Disposal operations, Storage Operations or Treatment Operations at
the Active Fill Area or at any other location at the Solid Waste
Facility, unless an Expansion has been approved by the Department.
C. Local -.
By adoption of a resolution authorizing the execution of this
Agreement, each Affected Municipality does hereby waive all
applicable zoning, grading and landfill operational Local
Approvals, regulations, permits, licenses, and ordinances that may
be required of the Operator to allow it to construct, maintain,
repair, engage in on-site operations, closure, and to provide Long-
Term Care of the Active Fill Area, and to conduct Disposal, Storage
and Treatment Operations at the Solid Waste Facility as authorized
by the special use and zoning permits granted to Operator by the
City of Muskego as described in Section 25.A. above, excepting the
terms of such permits and the terms of this Agreement. Any
remedial investigations and feasibility studies and implementation
of any Removal and/or Remedial Actions required by the USEPA or the
Wisconsin Department shall also be permitted regardless of Local
Approvals that may be imposed by Affected Municipalities. This
waiver shall continue until Final Closure of the Active Fill Area,
except that the waiver shall extend thereafter to Long-Term Care
Operations which the Operator must undertake pursuant to the
40
Department's regulations pertaining to the Solid Waste Facility and
the Operator's implementation of the post closure site plan as
required by this Agreement.
. These regulatory waiver provisions do not apply to any persons
other than the Operator, its officers and employees, when engaged
in activities directly relating to the Operator of the Solid Waste
Facility.
These regulatory waiver provisions do not apply for any other
uses, operations or businesses at the Solid Waste Facility except
those uses, operations and businesses that are directly and
specifically related to and consistent with the: (1) Solid Waste
Disposal Operations of the Active Fill Area and at the currently
licensed facility; and (2) the storage and treatment operations of
the facilities specifically authorized under Section 25.A.
These regulatory waiver provisions apply only to zoning,
grading and landfill operational Local Approvals as they apply to
the authorized use of the Active Fill Area and zoning local
regulztions as they apply to the other authorize uses hereunder and
do not waive any other Local Approvals. These waiver provisions,
by way of enumeration, and not limitation, do not include
regulations pertaining to speed limits, the issuance of waste
hauler permits (with a fee not to exceed what is reasonable and
customary), litter control, building permits, rules of the road,
road obstructions, excavations, fire safety permits, and health
ordinances and regulations. Any recycling, Storage and uses beyond
those that are currently authorized by special use and zoning
permits and undertaken by Operator and any other use of the
property not specifically authorized herein shall be subject to all
applicable substantive and procedural approvals, rules,
regulations, orders, laws and ordinances of the City of Muskego.
These regulatory and enforcement waiver provisions do not
apply in any way to waive any authority the Affected Municipalities
may have now or in the future have to control or regulate, by
regulation, ordinance, permit, license or order, the uses,
operations and businesses at the Solid Waste Facility or at the
currently-licensed facility, where these orders, permits, licenses
or ordinances are deemed necessary by the Affected Municipalities
to protect the public health, safety and welfare, or to prevent or
abate a public nuisance.
41
26. standins Committee.
The Operator and the Local Committee hereby agrees to the
formation of a Standing Committee ("Committee") which shall consist
Of three (3) residents of the City of Muskego appointed by the
Mayor, and one (1) designee from each of the Affected
Municipalities, if they desire to participate in the Standing
Committee. The City of Muskego shall have the right to appoint
additional members such that the City of Muskego shall always have
no less than a one (1) person majority on the Standing Committee.
The Committee shall have the functions and powers described in
Exhibit "C" . The Operator will finance the first Ten Thousand
Dollars and OO/lOO ($10,000) of the Committee's costs annually.
The remainder of the Committee's costs shall be borne by the
Affected Municipalities in proportion to their representation on
the Committee. The Standing Committee shall receive funds for 15
years after Final Closure, so it can monitor Post Closure site
activities.
27. Existina Aareements,
The Affected Municipalities and the Operator do hereby
stipulate that this Agreement shall supersede any prior
inconsistent terns, provisions or contracts applicable to the Solid
Waste Facility, but shall not in any way lessen or eliminate the
Operator's responsibilities under the existing Emerald Park
Landfill Negotiated Agreement. The terms of the Interim
Construction Agreement, to which this Agreement was attached as an
Exhibit, shall govern the timing and amount of payments made by the
Operator under the Interim Construction Agreement and other benefit
programs set forth or referenced therein.
28. Future EXDanSiOnS.
The Affected Municipalities shall have the option to waive
negotiations for future expansions from Superior Services, Inc. on
property owned by Emerald Park Landfill, Inc., Superior Services,
Inc., or a related company which is within, contiguous to, or
within one half mile of the Solid Waste Facility. This option
shall be a waiver of renegotiation of that contract for future
expansions and shall make applicable all terms and rate schedules
for compensation set forth in this contract. The Affected
Municipalities shall have six months from the date of receiving the
Initial Site Report to make this election. This election shall be
in writing and approved by each of the municipalities in writing or
by the City of Muskego.
42
ARTICLE V
1. ~.
Operator agrees to indemnify, defend and hold harmless the
Affected Municipalities, their officers, agents, employees and
duly-appointed committees, including the Negotiating Committee
established under 5 289.33, Wis Stats. and the Standing Committee,
and other committees as may be established, for and from any
request, demand, order or any other form of obligation to pay
clean-up or remediation costs, under any local, state or federal
law, rule, order, ordinance, statute, regulation or decision, and
for or from any and all liability, loss, claims or damages,
including reasonable attorneys and consulting fees and costs of
litigation, that they might suffer as a result of any claim,
demand, cost or judgment by any person or entity at any time
against any Affected Municipality, its officers, agents,
employees or committees arising in any way or as the result of the
Solid Waste Facility, including, but not limited to, the design,
siting, construction, transportation to and from, operation,
maintenance, control, repair, administration, surveillance,
monitoring, closure, Long-Term Care and termination of the Solid
Waste Facility and the Treatment, Storage and Disposal of the Solid
Waste, Recyclable Materials, Household Hazardous Waste and other
materials at the Solid Waste Facility and the negotiations or
terms of this Agreement. The terms and conditions of this
paragraph shall apply from the Effective Date in perpetuity.
Operator also agrees to support, defend and/or reimburse the
costs, attorneys fees, damages or other liabilities incurred by the
Affected Municipalities, their officers, agents, employees and any
duly-appointed committees, including the Committee under § 289 33,
Wis. Stats., and any other committees as may be established for any
proceeding, brought by any person or entity at any time to
establish that the Affected Municipality, their officers, agents,
employees and any duly-appointed committees, including the
Committee established under 5 289.33, Wis. Stats., and any other
committee as may be established for any proceeding, that may have
liability for any request, demand, order or any other form of
obligation to pay clean-up or remediation costs, under any local,
state or federal law, rule, order, ordinance, statute, regulation
or decision, and for or from any loss, claim or damages arising in
any way or as the result of any anticipated or unanticipated
occurrence associated with the site, including, but not limited to,
the design, siting, construction, transportation to and from,
43
operation, maintenance, control, repair, administration,
monitoring, closure, Long-Term Care and termination of the site;
the Treatment, Storage and Disposal of the Solid Waste and
Recyclable Materials at the site and the negotiations or terms of
this Agreement. The terms and conditions of this paragraph shall
apply from the Effective Date of this Agreement in perpetuity.
In any legal proceedings resulting from the above two
paragraphs, the Operator has the right to assert any defense on
behalf of a particular municipality, individual or entity which
that municipality, individual or entity is legally entitled to,
including the provisions of § 893.80, Wis. Stats. Each
municipality, individual or entity seeking to utilize the indemnity
of this section subrogates all applicable counter-claims (excepting
separate damage claims not subject to the indemnification and hold
harmless provisions) and assigns all applicable rights and defenses
to the Operator which each may have.
2. Reimbursement for Neaotiation Expenses.
The Operator shall pay any unreimbursed expenses of the
Affected Municipalities and the Negotiating Committee or its
members, not previously reimbursed by Operator, for their actual
attorney's fees, costs, and expenses, including per diem fees of
the members of the Negotiating Committee incurred as a result of
the Affected Municipalities participating in the negotiating
process as established in Chapter 289, Wis. Stats. up to the date
that the Approved Final Negotiated Siting Agreement is accepted by
the Waste Facility Siting Board. The above-noted expenses, which
shall not exceed $200,000.00 shall be paid by the Operator within
forty-five (45) days after the Operator's receipt of invoices from
the Committee or the Affected Municipalities, if not previously
reimbursed.
44
ARTICLE VI
.1 Direct Pavment.
In consideration of the Affected Municipalities (1) serving
as the host and neighboring municipalities, (2) waiving their Local
Approvals and Pre-existing Local Approvals, as set forth elsewhere
in this Agreement, and (3) accepting the consequences and numerous
responsibilities associated with the location of a sanitary
landfill in or in proximity to the municipalities, and in
consideration of all other matters as set forth in this Agreement,
the Operator has agreed to provide, the following compensation
and benefits:
A. A direct payment shall be paid to the Affected
Municipalities as set forth in Exhibit J at a rate equivalent to
the amount of $2.41 per ton of solid waste or other materials
Disposed of at the Solid Waste Facility, inclusive of all
beneficial reuse materials, contaminated soils, foundry sands and
shredder fluffs. However, the first 15,000 tons of shredder fluff
per calendar year shall be excluded from the Direct Payment
Provision. This rate shall be applicable upon the commencement of
waste disposal in the expansion area. Subsequent to 1999 and each
year thereafter, the rate of Direct Payment shall be increased at
the rate of 5.2% compounded annually, every January 1, beginning
the year 2000.
B. Payment shall be made based upon the tonnage as
determined by the weigh scale as provided for hereinafter in this
agreement. The actual tonnage shall be the basis upon which
payments in each month are based. Payment shall be made quarterly,
after the Commencement Date. Payment shall be received within
sixty (60) days from the date that the actual tonnage is to be
determined for the payment period.
In the event the payment is not made when due, interest shall
accrue on such obligation at a rate equal to the prime interest
rate plus 2%. The same will apply in the event that a dispute
requires resolution by court action, arbitration or other
resolution, until such amount is paid. The Affected Municipalities
and the Standing Committee may review documentation pertaining to
the tonnages reported on a monthly basis as the year progresses,
and the Affected Municipalities and Standing Committee shall have
the right to challenge such amounts at any time, either on a
45
monthly basis or through a year-end reconciliation of the tonnages
reported by usage of the weigh scale. Any annual review shall be
accomplished on or before March 1 of the following calendar year.
Any dispute between the Operator and the Affected Municipalities
shall be resolved by a neutral third party who has no direct or
indirect relationship with the Operator or the Affected
Municipalities. The Affected Municipalities shall have the right
to nominate the neutral third party, but the neutral third party
must be agreed to by the Operator. The decision of the neutral
third party shall be based on information and methodologies
commonly used for making such a determination of actual tonnages
disposed, and the determination of the neutral third party shall be
final and binding on the Operator and the Affected municipalities
Any costs incurred by or in retaining the neutral third party to
make the determination on actual tonnages disposed shall be shared
equally by the Operator and the Affected Municipalities. Any
underpaid amounts shall be paid within sixty (60) days from the
date of the determination, at the then current rate, plus interest
thereon from the date the amounts should have been paid, at a rate
equal to the prime rate of interest plus 2%.
All direct payments shall be paid to the Affected
Municipalities as set forth in Exhibit "N". The Operator shall
take no position regarding the distribution or usage of any funds
that are required to be paid under this contract with the
Operator's responsibility being to make the payments required and
as directed by the Affected Municipalities or as specifically set
forth in this Agreement or in Exhibit 'IN" attached hereto
The Operator shall submit detailed statements pertaining to
the waste received each month, breaking down such information as to
the types of waste, the source of such waste by state, the gate
tonnage received based upon the Operators daily records, and as
provided for in Article IV (1) (A), and any other supporting
documents or provisions of this section. In the event that neither
the weigh scale nor the computer generated information is available
for any day that waste is received, then the Operator shall make a
direct payment based upon the average amount of tonnage received
per day during the preceding sixty (60) business days of operation
of the Solid Waste Facility.
The Operator shall provide to the City of Muskego and Waukesha
County and Standing Committee all documents submitted to the
Department pertaining to the recording and documentation of the
waste received. The reporting of tonnage to the Department shall
have no bearing on amounts paid to the Affected Municipalities as
46
the parties stipulate that the means of payment to the Affected
Municipalities as the parties stipulate that such reporting
formulas are different. Information supplied to the Affected
Municipalities or the Standing Committee of amounts submitted to
the.DNR are stipulated to be for informational purposes only
If, at any time, the Affected Municipalities or Standing
Committee so desire, they may retain an independent consulting firm
to perform computations in order to verify the Operators reported
tonnages. Such firms may independently test the weigh scale,
computer generated information off of said scale, or may use field
or aerial surveys to verify reported tonnages based upon air space,
volume consumed within the Active Fill Area. The Affected
Municipalities or Standing Committee retaining the independent
consulting firm shall pay all costs unless such independent
consulting firm's computations reveal that the Operator's reported
air space or tonnage used has been understated by 10% or greater
If so understated, the costs of such consulting firm shall be borne
by the Operator and the Operator shall pay the costs of such
independent consulting firm within thirty (30) days after
presentation of such bill. The Operator shall also prepare a
written report and any documentation necessary explaining the cause
of such error. With respect to underpaid amounts that are not
disputed by the Operator, such underpaid amounts shall be paid
within sixty (60) days at the then current rate, plus interest
thereon from the date the amounts should have been paid, at a rate
equal to the prime rate of interest plus 2%.
Notwithstanding the foregoing, the Operator shall be required
to install, maintain and certify (bi-annually) a certified weigh
scale for measuring and recording Solid Waste disposed at the
Active Fill Area. The weigh scale shall be equipped with
sufficient computer software and hardware capabilities to record,
generate and summarize all information hereinbefore set forth
pertaining to Solid Waste documentation requirements. The Affected
Municipalities and the Standing Committee shall have access to all
computer-generated data or written reports pertaining to waste
received at the site. The Operator shall keep records and logs of
all trucks coming to the site and include the following data
A. Name of Acknowledged Transporter.
B. Time and date of disposal.
c. Truck weight (gross weight, truck weight and net
Solid Waste weight)
D. Origin of waste by state
E. Type of Waste
47
Weight shall be declared per truck in numerical order of their
receipt on a daily basis with the truck ownership and any
information which is relevant and kept by the Operator on a regular
basis to assist the Standing Committee in reviewing declared
garbage weights at the site. The Affected Municipalities and
Standing Committee may, at their expense, establish video tape
equipment and place personnel on-site, as such times as they
choose, to monitor the reporting of Solid Waste received at the
Active Fill Area for disposal.
Any payment that is received late shall accrue interest at a
rate equal to the prime rate of interest plus 2%. until paid
2. Socioloaical Payments
The Operator shall pay to the Affected Residents certain
sociological payments as set forth in Exhibit "P" of this
Agreement. Said Exhibit includes the beneficiaries of such
sociological payments and the amount of those payments.
3. Premium for Out-of-state Waste.
The Operator is permitted to accept out-of-state Solid Waste
for Disposal in the Active Fill Area, until such time as State or
Federal law allows the placement of restrictions on the acceptance
of out-of-state waste. The Operator shall pay the Affected
Municipalities Four Percent (4%) of the gross revenue that it
receives for the Disposal of such waste. For the purposes of this
Section, gross revenue shall not include any taxes, fees, duties,
or charges that the Operator is required to collect from the
generators pursuant to § 289 63(3), § 289.64(3) and §
289.67(1) (cp), and any other statutes that similarly impose fees
upon the generators of Solid Waste but require the owner or
operator of the licensed solid waste facility to collect the same
The Operator shall make such payments within sixty (60) days after
the end of each calendar quarter and shall provide a summary of all
out-of-state waste accepted the previous quarter. Said payments
shall be divided among the Affected Municipalities in proportion to
the share of the Monthly Installment that each municipality will
receive under this Agreement.
48
4. Waste Volume Surcharae.
Any volume of waste disposed of at the Landfill Site exceeding
1,000,000 tons per calendar year shall be subject to a ten (10%)
percent surcharge in direct payments and shall be payable monthly
as a supplemental payment once the 1,000,000 ton level has been
reached, and shall increase the monthly direct payment in that
amount.
5. PCB ImDacted Sediments.
PCB Impacted Sediments shall not be disposed of in the Active
Fill Area without a premium for the same being negotiated by the
Standing Committee.
6. ProDertv Value Protection Plan.
A Property Value Protection Plan shall be administered in
accordance with Exhibit "F" attached hereto and incorporated herein
by reference as an integral part of this Agreement.
7. Household Hazardous Waste Procrram.
The Operator shall provide and promote a Household Hazardous
Waste (HHW) Collection Program, as detailed in Exhibit "I", for
residents of the participating jurisdictions to such program, which
include the Cities of Franklin and Muskego, Waukesha County and the
Towns of Norway and Raymond. This program shall include operation
of one Permanent Collection Facility and two satellite collection
sites each year The location of the Permanent Collection Facility
shall be in the Muskego/Waukesha area and shall be determined prior
to the approval of this Agreement by mutual consent of the Operator
and the Siting Committee. Any future changes to the program,
including but not limited to, the Permanent Collection Facility
location, frequency of collection, hours of operation, use of
satellite collections, shall be reviewed and approved by the
Standing Committee and the Operator prior to implementation The
location of the satellite sites shall be approved annually by the
Standing Committee in consultation with the Operator.
The Permanent Household Hazardous Waste Collection Facility
shall be operated at a minimum of twice per month during the year.
Materials to be accepted at the site shall include, but shall not
be limited to, the items listed in Exhibit "I". Exhibit "I" shall
also set forth the protocol and design of the permanent facility,
as well as a detailed statement of the overall program The
49
Operator shall act as the generator for receipt of all materials
and shall provide for staffing, proper disposal and transportation
of collected items in accordance with all Federal, State and local
requirements, as well as proper management and safety equipment.
The. Operator shall also provide space for a product
exchange/redistribution program at the Permanent Collection
Facility site. Indemnification, insurance and hold harmless
provisions of the Agreement also apply to any operation or
transportation related to and including the facility.
Collections at two satellite sites selected by the Standing
Committee shall be held a minimum of once per quarter during the
year. The Operator shall act as the generator for receipt of all
materials and be responsible for staffing, proper disposal and
transportation of the collected materials, providing adequate
safeguards, insurance and management of the sites The
Indemnification, Hold Harmless, Duty to Defend, Insurance and
Guarantee provisions of this Agreement shall also apply to any
operation pertaining to the Household Hazardous Waste Collection
Program, including the Permanent and Satellite Collection
Facilities, the transportation of waste, the disposal of HHW and
any other responsibility, obligation or part of the program as set
forth in Exhibit "I".
The Operator shall promote the use of the HHW Collection
Program through an effective education program. This program shall
be prepared by the Operator and reviewed and approved by the
Standing Committee prior to implementation of the program.
The costs of the program shall be paid by the Operator out of
the host fees, but shall not exceed $250,000.00 per year. Based on
an audit of the program at the end of each operating year,
unexpended funds shall be divided by the Affected Municipalities in
accordance with the division of host fees as set forth in Article
VI, Section 1. Upon the affirmative vote of three-fourths (3/4 or
75%) of the Affected Municipalities, the Affected Municipalities
may opt out of this program after giving sixty (60) days written
notice to the Operator of their election. The direct payments
shall increase by the amount set forth in this paragraph if this
election is made, and the Operator shall have no further liability
under this paragraph beyond making the annual payment set forth
above
50
8. Free DiSDOSal of Governmental and School District Waste.
The County of Waukesha and City of Muskego governmental or
departmental waste, Drought Elementary School, and Muskego/Norway
School District waste will be brought to the site and disposed of
free of charge. However, such waste shall be limited to 1,000 tons
per year for each of these three entities. This disposal shall be
limited to the operating hours of the Active Fill Area or any other
Superior Services facility, including landfills or transfer
stations, should there be any temporary interruption of the
operation of the Active Fill Area prior to final closure.
In the event that any governmental or school district waste as
set forth above is disposed of at the site but is charged for by
the Operator, the Operator shall reimburse such entity for all
charges for such waste by the 20th day of the month following the
disposal of such waste. Any reimbursement for the City of Muskego
or Muskego/Norway School District waste disposal shall be paid
directly into the Muskego Park Dedication Fund.
9. Contested Case hearinq Reimbursement of Fees. The
parties acknowledge that under the terms of the Interim
Construction Agreement, the Operator has or shall pay to the City
of Muskego the sum of $200,000.00 to reimburse it for City expenses
in reviewing the Feasibility Report, retaining experts to evaluate
and comment on the same, and in participating in the Contested Case
Hearing.
10. Citv of Muskeuo Residential Waste.
The Operator shall establish a Residential Waste Convenience
Center area at the Solid Waste Facility for purposes of accepting
and disposing of any residential or yard waste transported to the
Residential Waste Convenience Center by any resident of the City
of Muskego. The Operator shall construct the Residential Waste
Convenience Center and provide sufficient employees to reasonably
accommodate the drop-off of such waste. The residential waste
drop-off site shall be open to receive waste, at a minimum, each
Friday from 9:00 a.m. to 4:OO p.m. and each Saturday from 8:OO a m,
to 12 noon, except on the holidays identified in Article IV,
Section 2.
The Operator shall be responsible for providing the free waste
drop-off and disposal until Final Closure of the Active Fill Area,
or for a period of 15 years, whichever is longer.
51
11. Loomis Drive Reconstruction. The Operator agrees that it
shall contribute the sum of $340,000.00 to the City of Muskego for
the purposes of defraying the cost of rebuilding that portion of
Loomis Drive described in Exhibit "0" attached hereto. The
aforementioned payment shall be made within ten (10) days following
the City's letting of the construction contract. In the event the
cost of the rebuilding is less than $340,000.00, the balance shall
be paid to the City of Muskego.
12. Miscellaneous Benefits. The parties acknowledge that the
Interim Construction Agreement, to which this Agreement is attached
as an Exhibit, contains additional benefits for the Affected
Municipalities, including a rebate for municipal waste disposed of
in the Active Fill Area, a payment in the amount of $1,296,000.00
in consideration of the Local Committee's execution of the Interim
Construction Agreement and the issuance of a clay extraction permit
by the City of Muskego, the establishment of a police firing range,
and the funding of a Landfill Compliance Officer.
52
ARTICLE VI1
MISCELLANEOUS PROVISIONS
. 1. EXDanSiOn.
No further Expansion of the Active Fill Area shall occur
except pursuant to the procedures set forth by law applicable at
that time or else as specifically set forth in this Agreement
2. Environmental Impairment Liabilitv Insurance.
The Operator shall name and maintain the Affected
Municipalities as additional insureds on an environmental
impairment liability insurance policy in a face amount of not less
than Ten Million Dollars ($10,000,000) exclusively limited to the
Solid Waste Facility, including the original Emerald Park Landfill
and the Superior Emerald Park Landfill, Inc.: Southern Expansion.
The adequacy of the policy shall be reviewed by the attorneys for
the City of Muskego and the Negotiating or Standing Committee
3 Load Inspections
Procedures for excluding the receipt of waste not specifically
approved for acceptance at the landfill. Superior Emerald Park
Landfill, Inc., accepts municipal solid waste, and therefore will
implement a program to detect and prevent the disposal of wastes
not specifically approved for acceptance. Unacceptable materials
include but are not limited to liquids, sludges, regulated
hazardous waste, and PCB Contaminated Sediment, as defined in
Exhibit "Q." The program shall include the following:
Random Inspections of Incoming Loads. Random inspections
shall be conducted on a basis of two (2) inspections per week
(approximately one inspection per 5,000 tons, or less, of waste
received). To insure that the inspections are random, a random
number will be generated, multiplied by the total number of loads
received the preceding week for two (2) separate iterations. The
procedure will result in random numbers that will correspond to the
incoming loads to be inspected that week.
Deliberate Inspections of Incoming Loads. Deliberate
inspections shall be conducted on an as determined basis by the
landfill general manager, or site manager. The basis for
deliberate inspections may be predicated on the results of Random
Load Inspections, or on other criteria based on the experience of
53
the landfill regarding incident (s) of having previously received
problem, banned or illegal wastes from specifically identified
haulers/transporters
. Inspections shall be conducted in accordance with NR506.16
54
ARTICLE VI11
GENERAL PROVISIONS
1. Notice to Parties.
Under this Agreement, any notices required by the terms and
conditions of this Agreement are, at minimum, to contain the
address and names of the parties as noted below, are to be sent by
certified mail, return receipt requested to such parties and are to
be considered by each party as written notice when received, except
as otherwise specifically provided herein. It is further
understood that the Affected Municipalities, the Operator, the
Local Committee, and the Standing Committee shall each be
responsible to provide to the other parties any appropriate change
of address or any appropriate change of name by providing the other
parties with a written "Notice of Address Change" or "Notice of
Name Change". Such notices shall be sent by certified mail, return
receipt requested to the addresses noted below. The current names
and addresses are:
Affected MUniCiDditieS:
A.
E.
C.
D.
E.
City of Muskego
Attn: City Clerk-Treasurer
P.O. Box 903
Muskego, WI 53150
City of Franklin
Attn: City Clerk
9229 West Loomis Road
Franklin, WI 53132
County of Waukesha
Attn: Parks & Land Use Department
c/o County Clerk
1320 Pewaukee Road, Room 120
Waukesha, WI 53188
Town of Norway
Attn: Town Clerk
6419 Heg Park Road
Wind Lake, WI 53185
Racine County
Attn County Clerk
55
730 Wisconsin Avenue
Racine, WI 53403
Operator
F. Superior Emerald Park Landfill, Inc.
Gene Kramer, General Manager
W124 510629 South 124th Street
Muskego, WI 53150
2. Headinss.
The titles to the paragraphs of this Agreement are for
informational purposes only.
3. Governina Law.
This Agreement and the provisions contained therein will be
construed, enforced and governed, in all respects, in accordance
with the laws and statutes of the State of Wisconsin.
4 Waiver.
Any waiver by any party to a breach of any term or condition
of this Agreement shall not be considered a waiver of any
subsequent breach by a party of the same term or any other term or
condition of this Agreement
5 Other Aureements.
This Agreement shall not replace or supersede the existing
Emerald Park Landfill Agreement unless expressly stated to the
contrary in this contract. Certain provisions of that contract
shall also be incorporated herein by reference and shall be binding
on the Operator as to this new expansion known as Superior Services
Emerald Park Landfill, Inc.: Southern Expansion. The following
paragraphs of the 1991 Landfill Agreement between Emerald Park,
Inc and the City of Muskego are so incorporated as follows
3 Responsibility of Applicant (Operator) for
Water
4 A. Replacement of Water Supply
B Drainway
C. Sewer
D. Traffic and Roads
56
5.
17.
19.
20.
22.
25.
E. Miscellaneous
Zoning Approval
C. Traffic Matters
E. Environmental Monitoring
M. Drainage and Erosion Control
Property Value Protection
Sociological Impacts
Limitations on Future Development
Failure to Comply with Agreement
Exhibit "E": Property Protection List for Emerald Park
Area
6. Complete Acrreement.
This Agreement is the complete agreement as to the Active Fill
Area pursuant to 5 289.33, Wis. Stats., between the Affected
Municipalities, the Operator, and the Local Committee.
7. Amendment.
This Agreement may be amended only by a written agreement
between the Affected Municipalities that are signatories to this
Agreement and the Operator, except as expressly otherwise provided
for herein.
8. Bindins Effect.
This Agreement will bind the Affected Municipalities, the
Operator, the Negotiating Committee, their respective legal heirs,
their respective legal representatives, their respective legal
successors and their respective legal assigns. However, if any
Affected Municipality other than the City of Muskego fails to adopt
an approving resolution authorizing officials of said municipality
to execute this Agreement or if said authorized officials fail to
execute this Agreement within sixty (60) days after the date that
the Superior Emerald Park Landfill, Inc.: Southern Expansion
Negotiating Committee executes this Agreement; then said
municipality shall receive no benefits under this Agreement and
said municipality's share of the Direct Payment provided herein
57
-
shall be divided among the Municipalities that have timely signed ' the Agreement (Signing Municipalities) in proportion to the share
of the Direct Payment that each Signing Municipality would have
signed the Agreement
I received under this Agreement if all Affected Municipalities had
I 9. Execution In Counternarts.
This Agreement may be executed in separate counterparts, each
of which shall be deemed an original, Each party to this Agreement
shall execute eight (8) duplicate original counterparts and shall
circulate the same to all other parties identified in this
Agreement.
DATED : DATED :
! SUPERIOR EMERALD PARK LANDFILL SUPERIOR EMERALD PARK LANDFILL, INC.
Siting Committee,
@Y : BY
Jacqueline Schweitzer, Larry Goswick ,
Chairperson and authorized Midwest Regional
by vote of and on behalf of the Vice-president
Siting Committee
Superior Emerald Park Landfill
58
GUARANTEE
Superior Services, Inc., for valuable consideration, including
the .mutual covenants and benefits stated in this Agreement to
itself and its subsidiary corporation Superior Emerald Park
Landfill, Inc., such consideration and receipt of which is hereby
acknowledged, does hereby guarantee the performance of Superior
Emerald Park Landfill, Inc., in the event that the latter fails to
do so. Those obligations shall extend to any obligations provided
for in this Agreement, including the operation, closure,
post-closure responsibilities, and indemnification responsibilities
of Superior Services, Inc.
Superior Services, Inc. acknowledges receipt of this Agreement
and certifies that, by signing below, said officers have the
authority to act on behalf of Superior Services, Inc. and to
forward a certified copy of such resolution granting such authority
to the City of Muskego; the receipt of such corporate resolution
shall be deemed to be an integral part of this Agreement. This
Agreement shall not be deemed valid until the same is received by
the City of Muskego.
DATED :
SUPERIOR SERVICES, INC.
BY :
President
ATTEST :
Secretary
A certified copy of the approving resolution shall be attached and
appended to this Agreement and incorporated by reference.
59
SIGNATURE PAGES FOR AFFECTED MUNICIPALITIES
WILL BE SUPPLED AT A LATER DATE
60
Exhibit "A"
ACTIVE FILL AREA
LEGAL DESCRIPTION FOR LIMITS OF WASTE
(Exi'sting and Proposed Expansion)
A parcel of land located in the NE. 1/4 and SE 1/4 of Section 36,
T.5N.,R.20E. in the City of Muskego, Waukesha County, Wisconsin,
bounded and described as follows:
Commencing at the East 1/4 corner of said Section 36; thence
S1°26'12"E along the east line of the SE 1/4 of said Section 36,
1249.02 feet; thence S88O33'48"W, 601 75 feet to the point of
beginning of the parcel to be described; thence S86°04'56"W,
1589.70 feet; thence N0°24'42"W, 847.00 feet; thence 588O47'42"W,
344.00 feet; thence due North, 1590.42 feet to a point of
curvature; thence northeasterly along a line which curves to the
right (having a radius of 60.00 feet and a chord of 83.47 feet
which bears N44°04'33"E) an arc distance of 92.31 feet to a point
of tangency; thence N89°09'05"E, 932.88 feet; thence S32"27'28"E,
389.95 feet; thence SOo15'04"W; 416.19 feet; thence S81°00'49"E,
10.58 feet; thence N67°30'10'qE, 113.36 feet; thence due East,
483.97 feet; thence S48°05'32"E, 77.05 feet; thence due South
238.71 feet; thence S45°00'00"E, 119.42 feet; thence due South,
1289.41 feet to the point of beginning. Said parcel containing
89.53 acres of land, more or less.
Exhibit "A" -1-
Exhibit "B"
SUPERIOR EMERALD PARK LANDFILL
TOT= FACILITY DESCRIPTION
WAUKESHA COUNTY, WISCONSIN
LEGAL DESCRIPTION OF ENTIRE SUPERIOR EMERALD PARK LANDFILL
Parcels of land located in the NE. 1/4, SE. 1/4, NW. 1/4 and SW.
1/4 of Section 36, T.5N., R.20E. and also the NE. 1/4 of Section
35, T.5N., R.ZOE., all in the City of Muskego, Waukesha County,
Wisconsin. bounded and described as follows:
Commencing at the East 1/4 corner of Section 36, T.5N., R.20E.,
thence S88°04'17"W along the South line of the NE. 1/4 of said
section 36, 50.02 feet to a point on the west right-of-way line of
S.T.H. "45" (S. 124th St.), said point also being the point of
beginning of the parcel to be described; thence continuing
S88°04'17"W along said south line, 379.98 feet; thence S1°26'12"E
and parallel with the east line of the SE. 1/4 of said Section 36,
227.00 feet; thence N83°49'06"E, 431.46 feet to a point on the east
line of said SE. 1/4; thence S1°26'12"E along said east line,
2310.38 feet; thence S88°38'39"W and parallel with the south line
of said SE. 1/4 455.50 feet; thence S1°26'12"E and parallel with
the east line of said SE. 1/4 207.00 feet to a point on the south
line of said SE 1/4; thence S88O38'39"W along said south line
865.31 feet; thence N1°21'21"W, 8.25 feet; thence S88O38'39"W on a
line parallel with and 8.25 feet north of said south line, 1320.81
feet; thence S88°38'44"W on a line parallel with and 8.25 feet
north of the south line of the SW. 1/4 of Section 36, T.5N.,
R.20E., 1990.98 feet; thence N1°09'57"W. 2658.13 feet to a point on
the North line of said SW. 1/4; thence S88°04'17"W along said north
line, 665.06 feet to the West 1/4 corner of said Section 36; thence
N1°12'10"W along the west line of the NW. 1/4 of said Section 36,
2625.29 feet; thence S88°59'36"W and parallel with the north line
of the NE. 1/4 of Section 35, T.5N., R.20E., 297.00 feet; thence
N1°12'10"W and parallel to the east line of said NE. 1/4, 33.00
feet to the north line of said NE 1/4; thence N88°59'36"E along
said north line, 297.00 feet to the NE. corner of said NE. 1/4;
thence N87°28'33"E along the north line of the NW 1/4 of Section
36, 1333.01 feet to the NE. corner of the NW. 1/4 of the NW. 1/4 of
said Section 36; thence S1°08'35"E along the east line of the NW.
1/4 of said NW. 1/4, 1336.09 feet; thence N87O46'24"E, 1331.47
feet; thence N87°49'03"E, 2309.21 feet; thence SO029'55"E. 132.00
feet; thence N87°49'03"E, 279.98 feet to a point on the west right-
Exhibit "B" -1-
0
of-way line of S T.H. ”45” (S. 124th St ); thence SOO29’55”E along
said west line, 1222.78 feet to the point of begininng.
Exhibit “B” -2-
Exhibit "C"
STANDING COMMITTEE
1. Purpose. The Affected Municipalities and Superior
Emerald Park Landfill, Inc. (hereinafter referred to as the
"Operator"), agree to re-establish and continue to participate in
the Standing Committee to monitor the construction and operation of
the Solid Waste Facility (hereinafter referred to as Committee or
Standing Committee).
2. MeInbershiD. Membership on the Committee shall consist of
three (3) City of Muskego representatives appointed by the Mayor,
and one (1) representative of each of the other Affected
Municipalities (hereinafter these representatives are referred to
as Committee Members). The Committee shall elect, from amongst its
members, an individual to function in the capacity of chairperson
For any action taken by the Committee, unless otherwise expressly
provided, a majority vote of the Committee is required. The
Operator may appoint two (2) representatives to the Committee who
shall be ad hoc members and shall have no vote.
In the event that additional affected municipalities are added
to the membership, the City of Muskego shall have the right to
appoint additional members such that the City of Muskego will
always have a one member majority on the Committee.
3. Term. All members appointed shall serve at the pleasure
of the respective entities that appointed them.
4. ReDhCement and Removal. A Committee member may
voluntarily resign or be replaced at any time.
Any Committee Member may be removed by the Committee for good
cause and upon a three-fourths (3/4) vote of the Committee.
5. 9uorum and Vote. A majority of the Committee Members
shall constitute a quorum, provided that voting shall be governed
by the following rules: each member of the Committee present shall
have one vote
6. Documents. The Operator shall provide copies of all
technical reports and monitoring data supplied to the State of
Wisconsin/Department of Natural Resources by the Operator
pertaining to the Superior Emerald Park Landfill, including the
Plan of Operation, any proposed amendments to the feasibility study
or any proposed changes to any special conditions imposed by the
Exhibit "C" -1-
State of Wisconsin/Department of Natural Resources. Such copies
shall be provided free of charge to the Committee. Such
information shall apply to all activities in the Solid Waste
Facilities.
7. Meetinas. The Committee may establish a schedule for
meetings for the purposes of review, explanation and discussion of
said technical data and the status of the Solid Waste Facility
construction, operation and closure. Special meetings of the
Committee may be called by the Chairperson of the Committee or any
three members of the Committee upon written notice mailed at least
five (5) days prior to the proposed meeting. Said meeting may be
called for the purpose of addressing any issue of concern involving
the Solid Waste Facility construction, operation or closure. Upon
the occurrence of an event deemed by the Chairperson to constitute
an Emergency condition, a special meeting may be called with less
than five (5) days notice, provided each Committee Member is
personally notified. The public may attend any Committee meeting
Any written notice called for in this Agreement shall be deemed
effectively provided when either personally delivered or sent by
mail to all Committee Members at the addresses listed by them with
the Committee.
The Standing Committee shall also appoint a Vice-Chair who
shall have the responsibilities of the Chairperson in his/her
absence.
The Chairperson shall be responsible for the running of all
meetings. The Chairperson shall approve all secretarial invoices
and shall have the authority of the Standing Committee to sign any
checks, should the Standing Committee have its own account. Any
approved invoice shall otherwise be sent to the Clerk of the City
of Muskego for payment out of the segregated Standing Committee
funds. The secretary shall either be appointed or hired by the
Standing Committee. The secretary shall be responsible for
notifying the members and providing notice as required by the Open
Meetings Law. The secretary shall also record all open meetings
and prepare minutes of the meetings, which shall at a minimum
include information pertaining to all formal motions and
resolutions made, complaints made by or to the Standing Committee
regarding operation of the site and representations or promises
made by the Operator pertaining to responses to be made to any
complaint or objection presented or discussed at a Committee
meeting.
Exhibit "C" -2-
8. committee Inspections. Individual Committee Members,
with proper identification, shall have the right to conduct on-site
inspections of the Solid Waste Facility pursuant to the procedure
provided in Article IV, Section 12 of the Agreement.
9. Violations. If, in the judgment of the majority of the
Committee Members, the Solid Waste Facility is not being
constructed or operated in compliance with the Operator's approved
Plan of Operation, or with any applicable State statute or
regulation, or any other provision of law, whether it be in law or
equity, the Committee may serve written notice of such perceived
noncompliance upon, and may make recommendations to, the Operator.
Similarly, if any aspect of the construction, operation or closure
of the Solid Waste Facility causes or is likely to cause, in the
judgment of the majority of the Committee, a problem due to noise,
dust, debris, odor, maintenance of access road, litter, traffic
flow, traffic patterns or inadequate screening or fencing or any
other problem, the Committee may serve upon the Operator written
notice of the Committee's concern and make recommendations to
remedy or address such concern.
Nothing herein shall be construed to limit the right or duty
of the Affected Municipalities' officials to make such on-site
inspections as deemed necessary under their duties to protect the
public health and safety and to take action pursuant to law.
Similarly, nothing herein shall be construed to limit any legal or
equitable right of any neighboring property owner with respect to
individual legal rights pursuant to law. Furthermore, the
existence of the Standing Committee shall not constitute a waiver
of any Affected Municipality or local property owners' public
duties, rights or privileges pursuant to law.
10. Enforcement. The Affected Municipalities and Operator
hereby stipulate that the Committee shall have legal standing in
its own name to enforce any provision of the negotiated settlement
if the Operator fails to remedy the concern of the Standing
Committee as hereinbefore stated using the enforcement procedures
of this section. Upon receipt of any notice of non-compliance or
notice of an issue of concern to the Committee, the Operator shall
immediately investigate any allegation of non-compliance or issue
of concern made by the Committee and shall, if possible, take
action as is necessary to alleviate and/or correct the situation
within twenty-four (24) hours. The Operator shall deliver a
written report concerning the investigation and any resulting
Remedial Action to the Committee within seventy-two (72) hours of
receipt of the original notice. In the event the situation is
Exhibit "C" -3-
incapable of being alleviated or corrected within the above time
frames, the time periods shall be automatically extended so long as
Operator is diligently working to alleviate or correct the
situation. The Operator may petition the Committee for an
extension of the above time limits and, upon showing sufficient
cause, the Committee shall so extend the limits. In the event the
Operator does not correct the condition to the satisfaction of a
majority of the Committee within the time frames hereinbefore
stated, the Committee may pursue such remedies as are available
The Standing Committee receives $10,000.00 per year through
the landfill siting agreement to fund the Committee's expenses. In
the event the Committee exceeds this budget, then all of the
Affected Municipalities that have representation on the Committee,
will be responsible in the same proportion of its membership where
it exceeds such amount. The Committee shall not exceed its budget
by an additional $10,000.00 without.prior approval of all of the
Affected Municipalities, unless one or more of the municipalities
agree to be responsible for the expense of the Committee which
exceeds $20,000.00 per year. In the event any municipality fails
to pay their proportion of the expenses within 60 days, the
Standing Committee may apply to the Operator to have any direct
payments made to such municipality first used to cover such
expenses, with that amount to be deducted by that municipality's
fees.
Exhibit "C" -4-
Exhibit "D"
AIR OUALITY STANDARDS
The Operator shall comply with all air quality standards
reqGired under the Plan of Operation or any modifications thereof
or any other requirements of the Department of Natural Resources or
United States Environmental Protection Agency.
In addition, the Operator shall specifically comply with all
of Administrative Code Regulations pertaining to emerging gases
emanating from the site including, but not limited to, Wisconsin
Administrative Code Chapters 400 et. seq , 500 et. seq., and 600
et. seq. Notwithstanding the foregoing, the Operator shall only
be required to comply with those regulations which the Department
imposes upon existing landfills such as the Active Fill Area and
subsequent changes to such regulations.
The Operator shall take all reasonable precautions to minimize
the amount of dust and particulate matter that leaves the Active
Fill Area or its access roads during construction, operation, and
closure. The total concentration of the suspended particulates
shall not exceed 150 micrograms per cubic meter measured at the
boundary of the Solid Waste Facility.
Exhibit "D" -1-
Exhibit "E"
WATER TESTING
ODerator's General Reauirements. The Operator shall comply with
all'background testing and groundwater monitoring as required by
the Department in its approvals of the Feasibility Report and Plan
of Operation. The Operator shall provide the Standing committee
copies of all test results and communications to or from the
Department that relate to such testing. A copy of the results of
each well test required by this Exhibit shall be provided by the
Operator, at its cost, to the Affected Municipality in which the
well is located, the Standing Committee, and the property owner (or
occupant) in question within five (5) days of the receipt of the
test results. The Operator shall undertake all testing required by
this Agreement in compliance with the Wisconsin Clean Water Act,
any Department of Natural Resources or EPA requirements, whichever
is the most stringent.
Eliaibilitv of Wells. One (1) well in each tax-keyed property
located within the "Well Testing Area," as defined on the map
included as Exhibit "E-l", shall be eligible for background water
testing under this provision. If any property is served by more
than one well, the Standing Committee shall select one (1) of the
wells which shall be the test well. The Standing Committee shall
maintain a list identifying such properties and the specified test
well on each property.
The Standing Committee may change this list from time-to-time
(e.g., as when new homes are built within the Well Testing Area).
The Operator guarantees to protect the environment from landfill-
related groundwater contamination, including the specified wells
presently in place and the quality of drinking water in the Well
Testing Area.
Standina Conunittee to Select Wells. The Standing Committee shall
make an initial designation of seventy-five (75) wells the first
(1st) year of the Agreement, selected from the total list above,
that will be tested by the Operator at its expense, as hereinafter
provided. Thirty-five (35) wells shall be tested in each
subsequent year, unless problems are identified which might require
more testing, as detailed below. This selection may be based on
expert geological advice regarding the direction of flow of
underground water, well testing results from prior years,
unidentified contamination of wells, etc.
Exhibit "E" -1-
Notwithstanding the foregoing, the Operator shall not be required
to sample any of the water supply wells serving the properties
identified above for the purpose of determining the water quality
of well water of these properties, unless it first receives, in the
fornl attached as Exhibit "E-2", written permission from the
respective property owner or an occupant. The Testing Consultant
shall also be directed not to test any well not meeting all
applicable codes and ordinances pertaining to wells.
Testing of the first seventy-five (75) wells shall be accomplished
within six (6) months of the signing of the Final Negotiated
Agreement. The schedule for testing in subsequent years shall be
agreed to by the Standing Committee and the Operator, and may be
changed from time-to-time based on the accumulated information then
available. The testing of wells shall be conducted annually under
this provision until Final Closure or 15 years after the execution
of this Agreement, whichever is later.
In the event that the owner(s) or user(s) of any well so
identified refuses to give the Operator written consent, the
Operator shall advise the Standing Committee, and the Standing
Committee shall designate additional wells to reach the above
specified number of wells to be sampled during that year.
Field Samplina Procedures and Data Manaaement. At the time of
laboratory sample collection, a separate container will be used for
field testing. The private well sample will be tested in the field
for pH, temperature, specific conductivity, color, odor, and
turbidity (specific parameters are delineated in the Baseline
Analysis Summary below). Field data will be recorded on
Groundwater Monitoring Field forms and forwarded to the laboratory
to be included in the laboratory report. Within five (5) days of
receipt of the laboratory report, the laboratory or consulting firm
(hereinafter described) will prepare a brief letter to each
property owner and the Standing Committee with an explanation of
the laboratory test results.
Baseline Analysis Summary:
Parameter Enforcement Preventive Detection Limit
Action Limit
(PAL)
Standard
Volatile organica -
Not established Not established 1 0 ppm Total Suspended Solids
compound compound 1 0 ppb EPA Method 524 2
Varies by Varies by less than
Exhibit "E" -2-
Coliform Bacteria
0 05 ppm 0 025 ppm 0 01 ppm Manganese
15 ppb 1 5 ppb 5 ppb Lead
250 ppm 125 ppm 2 5 Ppm Sulfate
250 ppm 125 ppm 0 5 PPm Chloride
0 0 l/ml
TKN Not established Not established 01 ppm
Nitrate + Nitrate (as N)
Not established Not established 50 ppb Boron
50 ppb 10 ppb 1 5 ppb Selenium
Not established Not established 6 ,O ppm Alkalinity
10 0 ppm 2 0 PPm 0 ,05 ppm
Additional Parameters for Non-Compliance Wells: 1 Parameter Enforcement Preventive Detection Limit
Action Limit Standard
(PAL) (ES)
Iron Bacteria
10 0 ppm 2 0 ppm 0 5 ppm Nitrate (as N)
0 0 l/rnl
0 0 0 l/ml Sulfur Bacteria
Laboratory Testinu Procedures. The laboratory shall scan the
sample using EPA Methods 601 and 602. The parameter list is
included below:
SamDlins Parameters
1. Quarterly Sampling Parameters:
Field Temperature
Field Conductivity
(Field at 25'C)
Field pH
Alkalinity
cod
Hardness
Chloride
Total Suspended
Sediment
(Sedimentation
basin only)
Dissolved Iron
2. Annual Sampling Parameters:
(VOC) SCAN using EPA methods 601 and 602
Parameter --
Exhibit "E" -3-
0
0
0
Bromodichlorormethane
Bromoform
Bromomethane
Carbon tetrachloride
Chlorobenzene
Chloroethane
2 - Cholorethylvinyl ether
Chloroform
Chloromethane
Dibromochloromethane
1,2 - Dichlorobenzene
1,3 - Dichlorobenzene
1,4 - Dichlorobenzene
Dicholorodifluoromethane
1,l - Dichloroethene
1,2 - Dichloroethane
1,l - Dichloroethane
trans - 1,2 - Dichloroethane
1,2 - Dichloropropane
cis - 1,3 - Dichloropropene
trans - 1,3 - Dichloropropene
Methylene Chloride
1,1,2,2 - Tetrachloroethane
Tetrachloroethene
1,1,1 - Trichloroethane
1,1,2 - Tricholorethane
Tricholorofluoroemethane
Vinyl chloride
Benzene
Chlorobenzene
1,2 - Dichlorobenzene
1,3 - Dichlorobenzene
1,4 - Dichlorobenzene
Ethylbenzene
Toluene
The Operator shall be responsible for the costs of collecting and
analyzing the samples. The samples shall be collected by a firm
("Firm") qualified to perform the required water sampling
procedures, and selected by the Standing Committee and agreed to by
the Operator The Operator and the Standing Committee shall both
be deemed clients of the Firm, except as to the payment obligation,
which, except as otherwise provided herein, shall be the Operator's
sole responsibility. The Operator and the Standing Committee shall
have equal access to the Firm for input as to the services to be
rendered. However, if the Standing Committee requests any services
Exhibit "E" -4-
in addition to those contemplated within this Agreement or any
agreement with the Consultant, that shall be the sole obligation of
the Standing Committee and the Standing Committee shall enter into
a Separate contract for these services. The Operator shall have no
paym'ent obligation for such additional separate contract services
In addition. the Operator and the Standing Committee shall have
equal access as to all information pertaining to the services
and/or product provided by the Firm. Any contract or agreement
with the Firm shall contain an informed consent provision requiring
the Firm to consult with both the Standing Committee and the
Operator on an equal basis and shall provide that no information in
any way pertaining to the services and products to be provided
under this Agreement shall, in any way, be privileged or
confidential.
The Standing Committee shall instruct the Firm to deliver the test
results to the Standing Committee within sixty (60) days from the
receipt of the notice of the Standing Committee's selection.
Within five (5) days of submission of the well test results, the
Firm will prepare a brief letter to each property owner and
Standing Committee with a layperson's explanation of the laboratory
test results.
Initial ResDonse to Well Contamination. [AI If the test of a
sample collected by the Operator, Wisconsin Department of Natural
Resources ("Department"), or a third party from a private water
supply well (said test to have been conducted in accordance with
Department protocols for sampling and analysis, including the use
of a Department-certified laboratory) indicates an exceedance of a
primary non-bacterial maximum contaminant level as defined in NR
809 of the Wis. Adm. Code, or a health-related Enforcement Standard
as defined in NR 140.10 of the Wis. Adm. Code, then:
The Firm shall, upon notice from the Standing Committee,
secure a sample from said well and test the same [utilizing
the procedure stated above] to confirm the exceedance. The
Firm shall deliver the test results to the Standing Committee
and the Operator within thirty (30) days of said notice. If
the results of this test confirm the exceedance, then the
exceedance will be said to have been documented.
If the results of this test do not confirm the exceedance,
then the Firm shall collect a third sample utilizing the same
procedure The Firm shall deliver the test results to the
Standing Committee and the Operator within sixty (60) days of
Exhibit "E" -5-
0
0
0
said notice. If the results of the third sample confirm the
exceedance, then the exceedance will be said to have been
documented. If the results of the third sample do not confirm
an exceedance, then the exceedance will be said not to have
' been documented.
[B] If the results of the Firm test under subparagraph [A]
document the exceedance, then the Operator shall forthwith initiate
a "First Response" and deliver, at its sole cost, potable water to
residents and livestock residing upon the property served by the
well. This "First Response" shall be for the interim period until
the full scope of the contamination is determined However, the
Operator's obligation to provide potable water to livestock shall
be contingent upon the City of Muskego, City of Franklin, and/or
other municipal water sources selling water to the Operator at a
cost as is then determined by the Wisconsin Public Service
Commission.
The foregoing "First Response" procedure for providing water upon
the documentation of an exceedance shall only be binding upon the
Operator if: (i) the well at which the exceedance was detected is
within the Well Protection Area, and (ii) the well owner and
tenant, if any, reasonably cooperates with the Operator in the
investigation under subparagraphs [Dl and [El .
[Cl If the results of the Operator's test under subparagraph [AI
document the exceedance, then the Operator shall also test the well
for the following inorganic substances: arsenic, cadmium,
chromium, lead, mercury, barium, selenium, silver, copper and zinc.
[Dl If upon further investigation, including additional testing by
the Operator, it is determined by the Department that the
exceedance is caused by a source other than a landfill, then the
Operator's obligation to provide potable water will cease and the
following sections shall not apply.
Deterrninina the ScoDe of Contamination. Once an individual well
has been identified as contaminated, the Standing Committee shall
immediately select five (5) additional wells for testing, located
either in close proximity to the contaminated well, or in the
hypothesized path the contaminants traveled between the landfill
and the contaminated well These tests shall be above and beyond
the number performed in normal Background Testing.
The purpose of this additional testing is to more completely
delineate the entire scope of the drinking water contamination so
Exhibit "E" -6-
that an appropriate remedy can be obtained The Operator shall be
responsible for requiring the Firm to expeditiously testing the
newly-selected wells in the same manner as the contaminated well.
The 'Standing Committee shall continue selecting new wells for
testing, in sets of five (5), as long as at least one (1) of the
wells in the last previous set tested was contaminated The wells
selected need NOT be confined to the Well Testing Area.
The Standing Committee may, in its sole discretion, select fewer
than five (5) wells for testing; however, if none of the newly
selected wells is contaminated, testing at the Operator's expense
shall be deemed completed.
The Standing Committee shall notify the Operator, once it is
satisfied that the full extent of the problem has been determined.
The Operator shall thereafter have one (1) month from said notice
to present proposals for a permanent remedy to the Standing
Committee. The proposal presented shall include a comprehensive
solution in the form of a technical plan, with associated costs
and scheduling included. The Operator shall be responsible for
implementing the plan.
If the Operator does not present a viable plan within the allotted
month, the Standing Committee shall take steps to create one of its
own Those steps may include working with contractors, consultants
and other professionals the Standing Committee deems necessary to
accomplish an adequate "Work Plan" to remedy the contamination
All costs for this planning and subsequent implementation are the
responsibility of the Operator and shall be paid within thirty (30)
days of being invoiced.
The Standing Committee and the Affected Municipality(s) shall be
the official source(s) of information released to the public about
such an occurrence All such information shall be freely
distributed by the Standing Committee throughout the fact-finding
process. The Operator shall pay all costs incurred by the Standing
Committee to communicate with affected residents in the affected
and surrounding areas (e.g., cost of copying, mailing,
publications, etc.) .
Permanent Remedv for Groundwater Contamination. The Operator shall
take appropriate measures to provide a permanent potable water
supply, equivalent to that the homeowner(s) enjoyed before the
landfill-related problem(s) occurred. This includes delivering
water to each affected home (whether inside or outside of the well
Exhibit "E" -7-
0
0
e
Testing Area) via underground pipes connected to the existing
household plumbing, as though the new connection was the existing
water supply, and with sufficient water pressure and flow capacity
to allow the homeowner to utilize all the existing facilities on
the 'property in a fashion to which they were accustomed.
This remedy might be affected by removing the source of
contamination and restoring the contaminated well(s) ; by drilling
new individual wells; by drilling new community or neighborhood
wells; or by obtaining water from an already existing source (e.g.,
the local city water utility). In no way shall water hauled to a
property in a vehicle be considered adequate for a permanent
solution.
The Permanent Solution shall be expedited with all reasonable
haste, and the Standing Committee shall oversee the scheduling of
the project and take action to see to the Operator's completion of
the Permanent Solution according to the proposed schedule. The
Standing Committee shall keep all affected residents informed about
the status of the situation on a monthly basis.
Exhibit "E" -8-
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Addendum to Exhibit "E"
ACCESS AND WELL SAMPLING AGREEMENT
Property Protection Program
Superior Emerald Park Landfill
Muskego, Wisconsin
I,
owner/occupant of the property located at
, grant the Sampling
Agency (SA), and their agents, employees, and/or independent
contractors the right to temporarily interrupt the well
owner/occupant's water supply for the purpose of well inspection
and sampling. Such temporary interruption shall only occur when
the well owner/occupant and SA agree to a mutually convenient time
within the restrictions placed on such sampling by the Superior
Emerald Park Landfill Standing Committee or any regulatory agency
requiring that such sampling occur.
SA, its agents, employees, and/or contractors will take all
responsible steps to prevent:
- polluting the waters of well(s) on the premises.
- damaging the well(s), pump(s) and/or casing(s) located on
the property
SA agrees to correct any of the above-noted problems arising
due to the negligent acts or willful misconduct of SA, its agents,
employees, and/or independent contractors Well owner/users,
however, shall not hold SA and/or its independent contractor liable
Exhibit "E" Addendum -1-
for any diminution in water quality or quantity from the sampled
well, or for failure, interruption or shortage of water, or any
loss' or damage resulting in whole or in part by performance of the
sampling except for negligence or wilful wrongdoing or misconduct
on the part of SA, its agents, employees, and/or independent
contractors. Owner/occupant agrees to waive any claim or cause of
action against the Standing Committee or the municipalities they
represent in order to participate in the Well Testing Program.
This access agreement shall remain in effect until the
owner/occupant ceases to own/use the well on the property,
owner/occupant revokes this agreement in writing of termination of
the sampling program and/or sampling contractor by the Superior
Emerald Park Standing Committee.
Well Owner/Occupant Date
Sampling Date
Agency
Exhibit "E" Addendum -2-
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Exhibit "F'"
PROPERTY VALUE PROTECTION PLAN
' All Owners of record of properties described in Addendum 1 to
this Exhibit shall be beneficiaries of this Property Value
Protection Plan. The Operator shall notify all of said owners of
their benefits under this Plan, by certified mail, return receipt
requested, within 30 days after the last Affected Municipality
executes the Final Negotiated Agreement or within 120 days after
the Agreement is executed by the Emerald Park Negotiating
Committee, whichever occurs sooner. A second notice shall be
submitted to said owners by certified mail, return receipt
requested, within 30 days of the day that waste is initially
received or disposed of in the Active Fill Area.
However, the Operator shall have no obligation to guarantee
the value of or to purchase any property for which a final
subdivision plat was approved and recorded or the property was
otherwise subdivided after the date Superior Services/SEPLI
executes the Final Negotiated Agreement, unless the resulting
parcel is owned by the same person following the subdivision as
before, but only one such parcel shall qualify for the protection
For the purposes of this Agreement, "otherwise subdivided" shall
mean any parcel created by a recorded certified survey map or
created by a metes and bounds division parcel conveyed by a
Exhibit "F" -1-
recorded deed. This protection shall apply to properties that are
vacant as of the Effective Date of the Final Negotiated Agreement,
but 'are subsequently improved with non-commercial or non-industrial
structures.
The Property Owners listed in the attached Property Value
Protection list shall automatically qualify under the following
Plan.
Exhibit "F" -2-
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Addendum 1 to Exhibit rlP''
Property Value Protection Plan Map
and
. Tax Key Numbers of ProDertiee Within Plan Boundaries
Actual ownership as of the date of the filing of the Final
Agreement with the Waste Facility Siting Board shall supersede the
attached listing of Property Owners for purposes of qualifying
under this Plan.
'0
Exhibit "F" -1-
Addendum 2 to Exhibit "F"
PROPERTY VALUE PROTECTION PLAN
(Expansion Area)
1. Effective Date of Plan. This Plan shall become effective
and binding on Guarantor only upon the occurrence of all of the
following:
A. Execution of the written Final Negotiated Agreement
negotiated by the Local Committee appointed by the
municipalities pursuant to 5 289.33(7), Wis. Stats., and
Guarantor and the City of Muskego; or upon issuance of a Final
Arbitration Award;
B. The issuance of all necessary licenses, approvals,
permits, etc., if any, as may be required by the City of
Muskego to establish and operate the Expansion pursuant to the
aforesaid agreement;
C. Issuance by the Wisconsin Department of Natural
Resources ("DNR") of a license to the Guarantor for the
Expansion described in the Guarantor's Solid Waste Facility
permit, said Expansion having been the subject of the
negotiations between the Guarantor and the Local Committee
2 Exercise of Guarantee. In the event that the Property
Owners wish to exercise the guarantee of the Property Value
Protection Plan, they shall notify Guarantor of same in writing by
Exhibit 'IF" -1-
0 certified mail and thereafter they shall make a good faith effort
to sell said Property for 120 days. This good faith effort to sell
can'be done in either of two ways: (1) they may advertise and
attempt to sell their Property without the employment of a real
estate broker, or (2) they may enter into a residential listing
contract with a licensed real estate broker.
In either event, the asking price of said Property, as
advertised or set out in the listing contract, shall be mutually
agreed to by the Property Owners and the Guarantor If the parties
are unable to agree as to the price of the Property, then the
Property Owners shall hire, at Guarantor's expense, a qualified
professional appraiser who shall be instructed to determine the
fair market value of the Property as follows:
0
A. Assume that no landfilling or solid waste disposal
activities are taking place anywhere near the Property;
B. Any comparables selected by the appraiser shall be
located a sufficient distance away from the Emerald Park
Landfill site or any other landfill site so that the selling
price was not, in the opinion of the appraiser, influenced by
the presence of the Emerald Park Landfill site or any other
landfill site;
0
C. The use, zoning classification and the Adopted
Master Plan of the Property on the Effective Date of this
Exhibit "F" -2-
Agreement shall be the sole factors to be used by the
appraiser in determining the highest and best use of the
’ Property;
D. An appraisal in the form of those customarily used
by mortgage lending institutions in the Milwaukee Metropolitan
area (i.e., Fannie Mae 10-25);
E. The appraisal shall be prepared in full compliance
with any and all state standards and state regulations which
pertain to the preparation of an appraisal of the Property,
except those standards and regulations which are specifically
pre-empted by these instructions; and
F. The appraiser shall note the condition of the
premises, both interior and exterior, at the time of the
appraisal.
If Guarantor accepts the appraised value, then the Property
Owners shall attempt to sell their Property, in either of the two
(2) ways described above, at the appraised value.
If the Guarantor does not accept the appraised value it may
retain, at its own expense, a qualified professional appraiser who
shall be similarly instructed to determine the fair market value of
the Property, assuming that no landfilling activities were being
undertaken or would be undertaken at the Emerald Park Landfill In
such event, the Property Owners may then elect and shall attempt to
Exhibit “F“ -3 -
sell their Property in either of the two (2) ways described above,
at an asking price equal to the arithmetic average of the two (2)
appr'aised values.
Notwithstanding the foregoing, if the Property Owners do not
accept the arithmetic average of the appraised values, then the
parties shall instruct the two (2) previously-selected appraisers
to choose a third qualified professional appraiser to appraise the
Property using the same instructions as previously given to the
other appraisers, and that appraisal shall be binding. The
appraisal fee for the third appraiser shall be paid by Guarantor.
For the purpose of this section, "qualified" shall mean a person
who is unrelated to the Property Owners, is licensed as may be
required by the State of Wisconsin, has no business or other
relationship with the Guarantor, and who is a member of at least
one (1) national appraisal association.
After the asking price is agreed to or determined through the
appraisal process, if Guarantor offers to buy the property for that
price, then the Property Owners must either sell the property to
the Guarantor or forgo the right to recover any advertising costs
from the Guarantor The Property Owners shall have ninety (90)
days in which to make this election, in writing.
If the Property Owners elect to attempt to sell their Property
themselves, they shall place a "For Sale" sisn on the Property and
Exhibit "F" -4-
0
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shall advertise the Property for sale in the classified section of
The Milwaukee Journal Sentinel or other newspaper not less than
once per week for the 120-day period, Guarantor may supplement
this advertising and undertake attempts to find a purchaser for
said Property during this period.
Alternatively, if the Property Owners elect to use a broker,
they shall give the Guarantor notice of the broker with whom they
wish to list their Property prior to the execution of any listing
contract. The broker shall be licensed in Wisconsin, not related
to the Property Owners, and shall be a member of the Board of
Realtors Multiple Listing Exchange, unless such MLS membership is
waived by the Guarantor. Both the Guarantor and Property Owners
shall act in good faith concerning any attempt to obtain the fair
market value of said Property.
Said listing contract shall extend for a term of 120 days and
shall specifically provide: (1) that the broker shall list the
Property in the Multiple Listing Exchange and shall agree to keep
said Property so listed until the occurrence of either the sale of
the Property or the expiration of the listing contract, and (2)
that the broker shall be paid his/her commission or other payments
by the Guarantor, in the event the Guarantor purchases said
Property at any time during the term of the listing contract. The
Property Owners shall cooperate with the broker in obtaining a
Exhibit 'IF" -5-
purchaser pursuant to the terms as set out in said listing
agreement and shall make, in good faith, all reasonable efforts
necessary to conclude a sale pursuant to said terms. No provision
hereunder shall be construed to grant the Guarantor any option to
purchase rights or rights of first refusal as against any potential
third party purchaser during the term of the listing contract. If
the Property Owners advertises the Property themselves and sells
the same at fair market value or with the consent of the Guarantor
as provided for in this Agreement, the Guarantor shall reimburse
all actual advertising expenses of the Property Owners.
The Guarantor shall hold harmless, indemnify and defend any
Property Owners against a suit by a broker who seeks a commission
not permitted under the terms of this Agreement.
3. Offers to Purchase. The Property Owners shall provide
the Guarantor with a copy of every Offer to Purchase which they
receive for their Property and agree not to accept the same until
the Guarantor has given its approval. The Guarantor may approve of
an Offer to Purchase at a price below the agreed upon asking price
established by the procedure set out in Section 3. In such event,
the Guarantor agrees to pay to the Property Owners at the closing,
the difference in cash between the selling price set out in the
Offer to Purchase and the sales price as established in Section 3
Exhibit 'IF" -6-
4. Guaranteed Purchase After 120 Dam. If the Property
Owners have attempted to sell their Property under either of the
mettiods provided in Section 3 for a period of at least 120 days,
then Property Owners may request, in writing, that the Guarantor
purchase their Property. However. Guarantor shall have no
obligation to purchase the Property until 120 days have expired
from the issuance by the Wisconsin Department of Natural Resources
of a license to the Guarantor for the Expansion and the issuance of
all necessary approvals, permits, etc. as may be required by the
Affected Municipalities to establish and operate the Expansion. It
is the intention of the Guarantor to avoid panic selling prior to
the licensing of the Expansion, and the Property Owners agree that
any attempts which they make to sell their Property prior to the
time that the Guarantor receives the aforesaid licenses,
permissions and approvals for the Expansion, will not be considered
in meeting the requirement for sales attempts for 120 days.
Guarantor, upon request, will notify the Property Owners, in
writing, of the date when it has received the aforesaid licenses,
permission and approvals for the Expansion.
0
The Property Owners shall provide proof of advertising for
sale or a copy of the listing contract and an affidavit of good
faith attempt to sell said Property. Provided the Property Owners
have complied with the foregoing procedure, the Guarantor shall
Exhibit "F" -7-
purchase the Property at the price established by the procedure set
out above in Section 3, subject to the conditions set out below.
In a'ddition, the Guarantor shall reimburse all actual advertising
and out-of-pocket expenses of the Property Owners. If the Property
Owners attempted to sell the property themselves, the Guarantor
shall, at closing, reimburse the Property Owners for all
advertising expenses they incurred.
A. Evidence of Title. Upon 15 days after making such
written request for the Guarantor to purchase their Property,
the Property Owners shall provide to the Guarantor a
commitment for a title insurance policy to be issued in the
name of the Guarantor in the amount of the purchase price as
provided above. After receipt of such commitment, the
0
Guarantor shall have 30 days to notify the Property Owners of
any defects in title caused by the Property Owner by way of a
mortgage, judgment lien, repair order, delinquent real estate
taxes, or the like, which make the same unmerchantable. Any
such defects shall be cured at the expense of the Property
Owners. If any defect cannot be cured and the Guarantor is
unwilling to waive the same, then the Guarantor shall have no
obligation to purchase and the Property Owners shall have no
obligation to convey said Property
Exhibit "F" -8-
B. pocuments Reauired for Closina: Prorations: Closing
Costs. In the event that the Property Owners have
merchantable title, the closing shall occur within 60 days
after the Property Owners give written notice to the
Guarantor, or within 60 days after the Property Owners cure
any defects in the title to make it merchantable. The
Property Owners shall convey said real estate to the Guarantor
by good and sufficient Warranty Deed, free and clear of all
liens and encumbrances, excepting municipal and zoning
ordinances, recorded easements, recorded building and use
restrictions and covenants, and general taxes levied in the
year of closing. Property Owners shall warrant and represent
that they have neither notice nor knowledge of any:
i. Government agency or court order requiring
repair, alteration or correction of any existing
condition.
ii. Underground storage tanks or any structural,
mechanical, or other defects of material
significance affecting the property, including but
not limited to inadequacy for normal residential
0
use of mechanical systems, waste disposal systems
and well, unsafe well water according to State
standards, and the presence of any dangerous or
Exhibit "F" -9-
toxic materials or conditions affecting the
Property.
Further, the Property Owners shall pay at closing
all conveyancing costs typically paid by a seller, including
but not limited to: real estate transfer tax and recording
fees. The Property Owners shall also execute at closing a
standard affidavit as to liens and possession and shall
provide lien waivers from all contractors, subcontractors and
materialmen who have provided services or materials for said
Property within six (6) months prior to closing. Real estate
taxes for the year of closing shall be prorated based upon the
real estate taxes assessed and levied for the prior year and
if the residential Property is a part of a larger tax parcel,
then the tax proration shall be based upon the taxes for the
improvement, plus the percentage of the taxes which
approximates the percentage of the land comprising the
Property compared to the total land included in the tax
parcel. The Property Owners shall be responsible for and
shall pay all utilities through the date of closing.
Possession and physical occupancy of the premises shall be
given to the Guarantor at closing. Prior to the closing, the
Property Owners shall give the Guarantor, or its agent, the
right to inspect the Property for the purpose of determining
Exhibit "F" -10-
the existence of any damage to the premises which may have
occurred between the date of the first appraisal and the date
. of the closing. The Property Owners shall be responsible for
all damage in excess of normal wear and tear and any claim for
such damage shall be presented to the Property Owners prior to
closing, or such claim shall be waived The Property Owners
shall repair such damage prior to closing or the reasonable
cost of such repair shall either be deducted from the sale
price or, at the Property Owners' option, be escrowed from the
sales proceeds with a non-party pending judicial determination
of any dispute regarding liability therefor or cost thereof.
5. Termination of Guarantor's Obliqations. This Property
Value Protection Plan shall terminate and Guarantor shall have no
obligation to purchase or guarantee the purchase price upon the
occurrence of all of the following events: (1) Final Closure of
the last Expansion or any Active Fill Area or related landfilling
0
activities at the Solid Waste Facility; (2) Guarantor serves notice
of same upon the Property Owners; and (3) the Property Owners do
not notify Guarantor of their exercise of the guarantee pursuant to
Section 3 above within 60 days after service pursuant to (2) above.
The notice under (2) above shall be served in the same manner as
required for a summons under Ch. 801, Wis. Stats. and shall inform
0 the Property Owners of the exercise of the guarantee and the
Exhibit "F" -11-
termination provisions hereunder. Upon timely notice of their
exercise of the guarantee by the Property Owners, the terms of the
Property Value Protection Plan shall remain in full force and
effect
6. Assisnment or Transfer. The guarantee given by the
Guarantor pursuant to this Exhibit F and its Addenda is personal to
the property owners and terminates when the property is sold,
conveyed or otherwise transferred, unless the sale, conveyance or
transfer is (a) to a spouse, parent, child, brother, sister, son-
in-law or daughter-in-law, or (b) to an heir, beneficiary, personal
representative, guardian or trustee. In the event of a sale,
conveyance or transfer to one of those described in (a) or (b), the
new property owner shall be entitled to the same property value
protection and guarantee as the preceding Property Owners.
7. Subsequent Asreements. Any subsequent Final Negotiated
Agreement regarding a further expansion of the Emerald Park
Landfill may supercede the terms of this Exhibit 'F."
Exhibit "F" -12-
Exhibit "0"
LANDFILL CLOSURE PLAN
(To be supplied at a later date)
Exhibit "G" -1-
ZONING PERMITS, CONDITIONAL USE PERMITS
AND SUMMARY OF EXISTING, PERMITTED USES
(To be supplied at a later date)
Exhibit "H" -1-
Exhibit "I"
HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM
The Household Hazardous Waste Collection Program is being provided
to reduce the risk of future of groundwater contamination at the
SEPI Landfill through the proper disposal of hazardous materials
such as, old paints, solvents, pesticides, and chemicals from the
surrounding service area. The Program consists of one Permanent
HHW Collection Facility open to Participating Jurisdictions a
minimum of 8 hours twice per month and two one day satellite
collections per quarter provided by the Operator.
The following definitions pertain to this program:
Materials Exchanse - means a specific location at the
Permanent HHW Collection Facility where residents may obtain
unspent materials for their use.
ParticiDatinq Jurisdictions - means the municipalities who may
utilize the HHW Collection Program, including the Cities of
Muskego and Franklin, Waukesha County and the Towns of Raymond
and Norway
Permanent HHW Collection Facilitv - means a facility provided
by the Operator at a fixed location for the receipt and
processing of HHW materials from residents.
Satellite HHW Collection Site - means a site utilized for a
one day collection at which collected materials are received
by the Operator, packaged and shipped at the close of the day
and the site returned to its normal daily use.
PROGRAM DESCRIPTION:
Permanent HHW Collection Facilitv - The Operator shall provide a
Permanent HHW Collection Facility and associated materials exchange
at (to be determined at a later date). The facility shall be
designed to accommodate 75 to 100 vehicles per collection day and
include space for storage of containerized materials.
The Operator shall provide:
- staff, supplies, equipment and disposal services
necessary to operate the permanent facility.
Exhibit "1" -1-
properly trained and qualified personnel necessary to
staff and administer this program, to accomplish the
following:
1. Insure adequate traffic control.
Residents from Participating Jurisdictions bringing
residentially generated materials) participate in
this program and maintain a list of residents who
use the facility by municipality.
3. Collect, identify, segregate, and package the
collected waste.
4. Complete all appropriate forms and reports
2. Insure that only eligible persons (i e ,
- All equipment and safety items necessary to perform these
services including personal protective equipment to all
exposed personnel. The Contractor shall promptly clean
and properly dispose of any spilled materials and waste.
Prior to the first collection, the Contractor shall
establish a containment plan to be approved by the
County.
- Provide all materials necessary for the implementation of
this program, including but not limited to all
containers, packaging materials, labeling forms,
manifests, forms, etc
- Act as the "Generator", for record keeping, paperwork and
liability purposes, of all waste accepted by the Operator
during the operation of the HHW collection program from
residents of the Participating Jurisdictions.
- Segregate hazardous, non hazardous and recyclable
materials, package all hazardous wastes in accordance
with DOT requirements, prepare container content sheets,
manifests, certifications and other shipping documents,
transport and dispose of collected hazardous wastes.
- Provide space at the Permanent HHW Collection Facility
for a product exchange, e g unopened materials in
original containers, for pickup by residents during
normal facility operating hours
0 - Provide a list of the treatment and/or disposal
facilities that the Operator intends to utilize. The
selected treatment and/or disposal facilities shall be
Exhibit "I" -2-
appropriately licensed and permitted to store and dispose
of hazardous waste collected in accordance with federal
regulations, The preferred method of waste management is
reuse or recycling, followed by RCRA incineration or
chemical treatment. Land disposal is to be minimized to
the greatest extent possible.
- Provide a site contingency plan and train all site
personnel in site safety procedures such as evacuation
signals and routes.
- Provide written evidence to the Standing Committee that
the Operator is Licensed as follows:
a. Valid Environmental Protection Agency ("EPA")
identification numbers for transportation and storage of
hazardous and acutely hazardous wastes; and
b. A valid Wisconsin permit for transportation of
hazardous wastes.
- Administer and collect surveys from residents each
collection day to obtain information such as resident's
municipality, street address, zip code, types of
materials delivered and effectiveness of program
advertisements.
- Provide reports as follows:
Provide quarterly reports to the Standing Committee which
include, but are not limited to, date and number of
households serviced per day, household hazardous waste by
type and total pounds/gallons for lab packed and bulked
materials, including number and type of drums. Provide
an annual report summarizing the information above,
provide a table indicating household hazardous waste by
type and total pounds for lab packed and bulked materials
including number and type of drums, a graph showing waste
volume by category; and a pie chart of total costs by
category, including disposal, transportation,
equipment/supplies, labor and set up charges
Satellite Collection Sites - As provided in Article VI, Section 5, 0 the EPI Standing Committee will approve the Operator's proposed
sites to hold Satellite collections. The Operator will manage two
Exhibit "I" -3-
one day collections each quarter, for a total of 8 days at each
site per year. The Operator is responsible for all of the items
described under the Permanent Collection Facility, except the
materials exchange requirement.
11. Acceptable Materials
The Operator shall accept only the following materials from
eligible residents unless authorized by the Standing Committee:
Automotive Products: Antifreeze (used)
Gasoline/Kerosene (under 5
gallons)
Home Products:
Lawn and Garden/
Outdoor Products
Acids/bases (undiluted)
Chemicals - hobby/photo
Lead paint
Oil based paint, lacquers,
varnished (one quart or larger)
Strippers/degreasers
Thinners/solvents
Mercury/thermometers (with
silver liquid)
Pool chemicals (unmixed)
Rodent bait
Weed and bug killers
Wood preservatives (penta,
Creosote)
111. INDEMNIFICATION
The Operator shall defend, hold harmless and fully indemnify the
Standing Committee and Participating Jurisdictions, its officers,
agents, and employees against all claims, actions, and suits
brought or asserted against them for death or bodily injury, damage
to property (including contamination or adverse effects on the
environment) or violation of governmental laws, regulations or
orders, and all judgments, penalties, fines forfeitures, costs and
expenses (including reasonable attorney fees) resulting therefrom
where such claim, action or suit arises form Operator's actions,
inactions or responsibilities, including but not limited to any
Exhibit "I" -4-
negligent, willful or intentional act or omission or its failure to
perform any obligation requires by this agreement
IV. INSURANCE REQUIREMENTS
The Operator agrees to keep in force and effect insurance policies,
as outlined below, issued by a company or companies authorized to
do business in the state of Wisconsin. Such insurance shall be
primary.
Upon execution of this agreement, the Operator shall furnish a
Certificate of Insurance naming the Standing Committee and the
Participating Jurisdictions as additional insureds and upon
request, certified copies of the required insurance policies. The
certificate shall reference this contract.
1.
2.
3.
4.
Worker's ComDensation and Emplover's Liabilitv Insurance - Statutory worker's compensation benefits and employer's
liability insurance with a limit of liability not less
than $500,000 each accident. Operator shall require
subcontractors not protected under its insurance to take
out and maintain such insurance. The Operator shall also
provide proof of any subcontractor's certificate of
insurance to the Standing Committee before any services
are performed by any subcontractor.
Commercial General Liabilitv Insurance - Policy shall be
written to provide coverage for, but not limited to, the
following: premises and operations, products and
completed operations, personal injury, blanket
contractual, independent contractors coverage. Limits of
liability not less than $5,000,000 each occurrence and
aggregate.
Automobile Liabilitv Insurance - Coverage for all owned,
scheduled, hired, and non-owned private passenger autos
and commercial vehicles. Limit of liability not less
than $5,000,000 combined single limit.
Pollution/Environmental ImDairment Liabilitv Insurance -
Policy shall provide pollution liability/environmental
impairment coverage for injuries/damages/remediation
arising out of the collection program including sudden or
non-sudden releases at the collection site, treatment, or
disposal sites. Limits of liability not less than
Exhibit "I" -5-
$3,000,000 each occurrence/claim and $6,000,000
aggregate.
V. .Promotion and Education Program
The Operator shall promote the use of the HHW Collection Program
through an effective education program This program shall be
prepared by the Operator and reviewed/approved by the Standing
Committee prior to implementation
Exhibit "I" -6-
Exhibit "J"
CITY OF MUSKEGO LANDFILL FUND
(To be supplied at a later date)
Exhibit "J" -1-
Exhibit “K“
CITY OF MUSKEGO STORM WATER ORDINANCE
Exhibit “Kg‘ -1-
CITY OF MUSKEG0
STORMWATER MANAGEMENT ORDINANCE
**DRAFT **
Section 0 1 . AUTHORITY
Section 02 FINDINGS OF FACT ......
Section 03 PURPOSE AND INTENT ................
Section 04 DEFINITIONS .......................
Section 05 APPLICABILITY AND JURISDICTION ...... ..
Section 06 STORMWATER MANAGEMENT STANDARDS ...
Section 07 PERMITTING REQUIREMENT. PROCEDURES
ANDFEES ...... ................
Section 08 STORMWATER MANAGEMENT PLANS ........
Section 09 MAINTENANCE AGREEMENT ...............
Section 10 ENFORCEMENT AND PENALTIES ....... ....
Section 11 APPEALS ............ ..............
Section 12 SEVERABILITY ............ .....
Section 13 EFFECTIVE DATE .... ..................
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CONTENTS OF A SITE DEVELOPMENT STORMWATER
MANAGEMENT PLAN . . .. .................. Attachment
AN ORDINANCE TO CREATE CHAPTER -, SECTION -OF
THE [Municipality]
RELATING TO THE CONTROL OF STORMWATER RUNOFF
The City of Muskego does hereby ordain that Chapter - Section -of the Municipal
Code of the City of Muskego is created to read as follows:
CHAPTER- SECTION -
STORMWATER RUNOFF
QLAUTHOIUTY
This ordinance is adopted by the City of Muskego under the authority granted by s. 62.234
Wis. Stats. This ordinance supersedes all conflicting and contradictory stormwater
management regulations previously enacted under s. 62.23, Wis. Stats. Except as specifically
provided for in s.62.234 Wis. Stats., s. 62.23 Wis. Stats. applies to this ordinance and to any
amendments to this ordinance.
The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of
the same governing body.
The City of Muskego hereby designates the [administering authority] to administer and enforce
the provisions of this ordinance.
The requirements of this ordinance do not pre-empt more stringent stormwater management
requirements that may be imposed by WF'DES Stormwater Permits issued by the Department
ofNatural Resources under s. 147.021 Wis. Stats.
EL-
The City of Muskego finds that unwntroUed stormwater runoff from land development activity has a
significant impact upon water resouTces and the health, safety, and general welfare of the community.
Specifically, uncontrolled stormwater runoff can:
degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour,
diminishing groundwater recharge, and diminishing stream base flows;
diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water
supply uses by increasing loadings of nutrients and other urban pollutants;
alter wetland communities by changing wetland hydrology and by increasing pollutant loads;
reduce the quality of groundwater by increasing pollutant loads;
threaten public health, safety, property, and general welfare by overtaxing storm sewers,
drainage ways and other minor drainage facilities;
threaten public health, safety, property, and general welfare by increasing major flood peaks
and volumes;
undermine floodplain management efforts by increasing the incidence and levels of flooding; and
diminish the public enjoyment of natural resources.
PURPOSE. The purpose of this ordinance is to set forth stormwater requirements and criteria
which yill prevent and control water pollution, diminish the threats to public health, safety,
welfare, and aquatic life due to runoff of stormwater from development or redevelopment.
INTENT. It is the general intent of the City of Muskego that this ordinance achieve its purpose
through:
a) regulating long-term, post-construction stormwater discharges from land
b) controlling the quantity, peak flow rates, and quality of stormwater discharges from
c) It is more fully the intent of the City of Muskego to provide services to maintain and
development activities;
land development activities;
enhance the quality of lie within the community. To this end the City of Muskego will
manage stormwater to protect, maintain and enhance the natural environment; diversity of
fish and wildlie; human life; property; and recreational use of waterways within the City
of Muskego and it’s extraterritorial area.
“Administering Authority” means the governmental employee(s),empowered under s. 62.234
Wis. Stats., designated by the City of Muskego to administer this ordinance.
“Agricultural use” means bee keeping; commercial feed-lots; daiqiig; egg production;
floriculture; fish or fur farming; forest and game management; grazing; livestock raising;
orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint, and
seed crops; raising of fruits, nuts, and berries; sod farming; placing land n federal programs in
return for payments in king; owning land, at least 35 acres of which is enrolled in the
conservation reserve program under 16 USC 383 1 to 3836; paicipation in the mile production
termination program under 7 USC 1446 (d); and vegetable raising, (S91.01(1) Wisconsin state
Statutes).
"Best Management Practices" means the most effective, practical measures to control nonpoint
sources of pollutants that runoff from land surfaces
."Business day" means a day which ofices of the City of Muskego are routinely and
customarily open for business.
"Cease and desist order" means a court issued order to halt land developing activity that is
being conducted without the required permit.
"Commercial development" means all development excluding residential development and
agricultural use.
"Common plan of development" means all lands included within the boundary of a certified
survey or subdivision plat created for the purpose of development or sale of property where
multiple separate and distinct land developing activity may take place at different times and on
different schedules.
"Design rainfall event" means a discrete rainstorm characterized by a specific duration, rainfall
intensity, and return frequency.
"Discharge volume" means the quantity of runoff discharged from the land surface as the result
of a rainfall event.
(10) "Division of land" means the creation from one parcel of two or more parcels, or building sites
of 20 or fewer acres each in area where such creation occurs at one time or through the
successive partition within a 5 year period.
(1 1) "Existing land use condition" means the condition of the proposed development site and the
adjacent properties that is present at the time of the stormwater permit application. This term
applies only for the purpose of properly sizing the stormwater conveyance system in
accordance to the requirements of this ordinance. S.06 (I)@)
(12) "Extra-territorial" means the unincorporated area within 3 miles of the corporate limits of the
City of Muskego.
(13) "Fee in lieu" means a payment of money to the City of Muskego in place of meeting all or part
of the stormwater performance standards required by this ordinance.
(14) "Governing body" means, the City's Common Council
(15) "Gross aggregate area" means the total area, in acres, of all land located within the
property boundary containing the land development activity.
(16) "Groundwater enforcement standard" means a numerical value expressing the concentration of
a substance in groundwater which is adopted under s. 160.07 Stats., and s. NR 140.10 or S.
160.09. Stats, and s NR 140.12.
(17) ."Groundwater preventive action limit" means a numerical value expressing the concentration of
a substance in groundwater which is adopted under s. 160.15. Stats., and s. NR 140.10, 140.12
or 140.20.
(18) "Impervious surface" means a surface that does not allow infiltration during precipitation
events. Rooftops, sidewalks, parking lots, tennis courts and street surfaces are examples of
impervious surface.
(19) "Infiltration" means the process by which rain or surface runoff penetrates into the underlying
soil.
(20) "Land development activity" means any activity which changes the volume or peak flow
discharge rate of rainfall runoff from the land surface. This term does not include agricultural
cropping activities.
(21) "Local municipality" means the City of Muskego.
(22) "Maintenance agreement" means a legal document that is filed with the County Register of
Deeds as a property deed restriction, and which provides for long-term maintenance of
stormwater management practices.
(23) "Municipality" shall mean the governing body with authority to enforce this ordinance or a
designee of the governing body such as: the Director of Public Works, municipal employee(s)
designated by the Director of Public Works, or a person or company under contract to the City
of Muskego designated by the Director of Public Works.
(24) "Natural wetlands'' means an area where water is at, near, or above the land surface long
enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils
indicative of wet conditions. These wetlands include existing, mitigation and restored
wetlands.
(25) "Non-storm discharge" means a discharge to the storm sewer system created by some process
other than the runoff from precipitation.
(26) "Non-structural measure'' means a practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants, in stormwater that does not require the design or installation of fixed
stormwater management facilities.
(27) "Off-site'' means lands located outside the subject property boundary described in the permit
application for land development activity.
(28) "On-site'' means lands located within the subject property boundary described in the permit
application for land development activity.
(29) ."Other than residential development" means development of the following land uses:
commercial; industrial; government and institutional; recreation; transportation,
communication, and utilities.
(30) "Peak flow discharge rate" means the maximum rate at which a unit volume of stormwater is
discharged. This is usually expressed in terms of 'cubic feet per second' (cfs).
(3 1) "Performance security" means, irrevocable letter of credit, cashier's check, cash, or similar
guarantees submitted to the City of Muskego by the permit holder to assure that requirements
of the ordinance are carried out in compliance with the stormwater management plan.
(32) "Permit" means a written authorization made by the City of Muskego to the applicant to
conduct land development activities.
(33) "Permit administration fee" means a sum of money paid to the City of Muskego by the permit
applicant for the purpose of recouping expenses incurred by the authority in administering the
permit.
(34) "Pervious surface" means a surface that allows infiltration of precipitation or surface flow.
Lawns, fields and woodlands are examples of pervious surfaces.
(35) "Post-construction stormwater discharge" means any stormwater discharged from a site
following the completion of land disturbing construction activity and final site stabilization,
(36) "Post-development land use condition" means the extent and distribution of land cover types,
anticipated to OCCUT under conditions of full development, that will influence precipitation
runoff and infiltration.
(37) "Pre-development land use condition" means land which has runoff characteristics equivalent to
runoff Curve Numbers (CNs) of 30,58,71, and 78 for Hydrologic Soil Groups A, B, C, and
D, respectively (as described in the USDA Soil Survey of Milwaukee and Waukesha Counties,
Wisconsin, 1971). This term is used for the purpose of matching of pre- and post development
stormwater peak flows and volumes as required by this ordinance. S.06( I)(a)
(38) "Pre-treatment" is the practice of reducing pollutants in stormwater water before discharging
the stormwater to a wetland or another pollution control structure.
(39) "Residential development" means that which is created to house people, including the
residential dwellings as well as all affected portions of the development including lawns,
driveways, sidewalks, garages, and access streets. This type of development includes single
family, multi-family, apartment, and trailer parks.
(40) "Site restriction" means any physical characteristic which limits the use of a Stormwater best
management practice.
(41) "Stop work order" means an order issued by the City of Muskego which requires that all
construction activity on the site be stopped,
(42) "Stormwater conveyance system" means any method employed to cany stormwater runoff
from a development to the waters of the State. Examples of methods include: swales, channels,
and storm sewers.
(43) "Stormwater management plan" means a document provided by the land developer, land owner,
or permit holder that identifies what actions will be taken to reduce stormwater quantity and
pollutant loads from the post-development land use condition to levels meeting the
requirements of this ordinance.
(44) "Stormwater runoff means that portion of precipitation that does not soak into the soil, and
thus flows off the surface of the land and into the natural or artificial conveyance network.
(45) "Stormwater management measure" means structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes, andor peak flow
discharge rates.
(46) "Waters of the State" means any channel, ditch, stream, lake, or other body of water determined
to be under State of Wisconsin authority under s. 142 Wis. Stat.
(47) "Wetland functional value" means the type, quality, and signifkame of the ecological and
cultural benefits provided by wetland resources, such as: flood storage, water quality
protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat,
floral diversity, aesthetics, recreation, and education.
(48) "WPDES" means Wisconsin Pollutant Discharge Elimination System.
(49) "WPDES Stormwater Permit" means a permit issued by the Wisconsin Department of Natural
Resources under s. 147.021 Wis. Stats. that authorizes the point source discharge of
stormwater to waters of the state.
LQZ ApPLICABILlTY AND JURISDICTION
(1) APPLICABILITY This ordinance applies to land development activities which meet the
applicability criteria specified in this section. The ordinance also applies to land development
activities that are smaller than the minimum applicability criteria if such activities are part of a
larger common plan of development that meets the following applicability criteria, even though
multiple separate and distinct land development activities may take place at different times on
different schedules.
(a) residential land development @I commercial land development 44 land development activity which in the opinion of the City Engineer is likely to result in stormwater runoff which causes undue channel erosion, increases water pollution or
which endangers downstream property or public safety.
JURISDICTION. This ordinance applies to land development activities within the boundaries
of the City of Muskego. This ordinance also applies to all lands located within the
extraterritorial plat approval jurisdiction of the City of Muskego, even if plat approval is not
involved.
WAIVERS. Requests to waive the stormwater management plans requirements shall be
submitted to the City of Muskego for approval. Waivers may be granted if it can be
demonstrated that the proposed development is not likely to impair attainment of the objectives
of this ordinance.
d 06 STORMWATER MANAGEMENT STANDARDS
STORMWAER DISCHARGE RATE Unless otherwise provided for in this ordinance, all
land development activities subject to this ordinance shall establish on-site management
practices to control the peak flow rates of stormwater discharged from the site as described in
this ordinance. Infiltration of stormwater runoff from driveways, sidewalks, rooftops, parking
lots, and landscaped areas shall be incorporated to the maximum extent practical to provide
volume control in addition to control of peak flows.
(a) Stormwater runoff from the site shall be managed such that the peak flow generated
from a 100 year storm under “post-development” conditions shall not exceed the peak flow
generated from a 2 year storm under “pre-development” conditions (as defined in S. 04
(37) for the 24 hour duration storm).
@) All stormwater conveyance systems within the proposed development, shall be
designed to completely contain the peak storm flows as described in S.06( l)(b)(i) (ii) and
(iii). Calculations for determining peak flows for conveyance system sizing shall use
Curve Numbers based on the existing or future proposed land use for off-site areas (which
ever results in the highest peak flows), and the proposed land use for the on-site areas.
Appropriate Curve Numbers ue described in Urban Hydrology for Small Watersheds, TR-
55 (Technical Release 55) published by the Engineering Division, United States Natural
Resource Conservation Service (formally known as the Soil Conservation Service) United
States Department of Agriculture, June 1992.
(i) For open he1 alnveyance systems the peak flow from the 25 year, 24 hour stom
0 shall be completely contained within the channel bottom and banks.
(i) For storm sewer pipes the peak flow from the IO year, 24 hour storm shall be
completely contained within the pipes with no surcharging.
(iii) For storms greater than the IO year, 24 hour event, and up to the 100 yw, 24 how
mat, pndIng shall not exceed existing or proposed street right of way, which ever is less. In no me shall
the depth of water exceed 12 inches at the outer edge of pavement..
(4 Determination of peak flow rates and volume of runoff for purposes of meeting the
requirements of S.O6(l)(a) and (b) shall be computed by procedures based on the
principals and procedures described in Urban Hydrology for Small Watershed, TR-55
(Technical Release 55) published by the Engineering Division, United States Natural
Resource Conservation Service (formally known as the Soil Conservation Service) United
States Department of Agriculture, June 1992. Other calculations methods must be
approved by the City of Muskego.
(4 The rainfall distributions for the storm events shall be based on the SCS Type II
storms as described in Urban Hydrology for Small Watershed, TR-55 (Technical Release
55) published by the Ehgineering Division, United States Natural Resource Conservation
Service (formally known as the Soil Conservation Service) United States Department of
Agriculture, June 1992.
(4 Increases or decreases in the hydrology of natural wetlands shall be minimized.
Existing wetlands shall not be incorporated in the proposed stormwater management
practice for peak flow control. Peak flow shall be managed prior to discharge to an
existing wetland. Should any changes to natural wetlands be proposed, the impact of the
proposal on wetland functional values shall be assessed. Significant changes to wetland
functional values shall be avoided (as defined by Wisconsin Administrative Code NR 103)
(2) STORMWATER DISCHARGE QUALITY. Unless otherwise provided for in this ordinance,
all land development activities subject to this ordinance shall establish on-site management
practices to control the quality of stomwater discharged from the site. On-site management
practices shall be used to meet the following minimum standard:
(a) Stomwater management mmures shall be designed to remove on an average annual
basis a minimum of SO?? of the total suspended solids load from the proposed on-site
development when compared to the proposed on-site development without stormwater
management measures. The effectiveness of the stormwater management measures shall
be evaluated using the Source Loading and Management Model (SLA") or other
models as approved by the City Public Works Committee.
(b) Discharge of urban stormwater pollutants to natural wetlands without pre-treatment
shall be avoided to the extent practical. Where such discharges are proposed, the impact of
the proposal on wetland functional values shall be assessed using a method acceptable to
the City of Muskego. Significant changes to wetland functional values due to stormwater
pollutant loads shall be avoided.
(4 Stormwater discharges shall be pretreated prior to discharge to an infiltration best
. management practice, to prolong maintenance of the infiltration practice, and to prevent
discharge of stormwater pollutants at concentrations that will result in exceedances of
groundwater preventive action limits or enforcement standards established by the
Department of Natural Resources in NR 140 Wisconsin Administrative Code. Stormwater
infiltration is prohibited under the following circumstances:
(i) Stormwater is generated from highly contaminated source areas at manufacturing
(i) Stormwater is canied in a conveyance system that also canies contaminated, non-
(i) Stormwater is generated from construction sites.
industrial sites;
stormwater discharges;
(4 Stormwater ponds and infiltration devices shall not be located closer to water supply
wells than indicated below without first notifying the City of Muskego:
(i) 100 feet from a non-public water supply well;
(i) 400 feet from a municipal water supply well;
(i) 1,200 feet from a community water supply well (or the defined well for which
recharge area surrounding a community water a wellhead protection plan has been established).
(3) EXCEPTIONS. The minimum requirements for on-site stormwater management practices
established in S.06(1) and (2) may be waived in whole or in part by the City of Muskego upon
written request of the applicanf provided that at least one of the following conditions applies:
(a) Alternative minimum requirements for on-site management of stormwater discharges
have been established in a stormwater management plan that has been approved by the City
of Muskego and that is required to be implemented by local ordinance.
(b) Provisions are made to manage stormwater by an off-site facility. This requires that
the off-site facility is in place, is designed and adequately sized to meet the requirements of
this ordinance, and has a legally obligated entity responsible for long-term operation and
maintenance of the stormwater practice.
(4 The City of Muskego finds that meeting the minimum on-site management
requirements of this ordinance is not feasible due to site conditions.
(4 Innovative stormwater management systems that do not meet S.06(1) or (2) as
reviewed by the City Engineer and approved by the Public Works Committee
(4) FEE IN LIEU OF ON-SITE STORMWATER MANAGEMENT PRACTICES. Where the
City of Muskego waives all or part of the minimum on-site stormwater management
requirements under S.O6(3)(c), or where the waiver is based on the provision of adequate
stormwater facilities provided by the City of Muskego downstream of the proposed
development, as provided for under S.06(3)@), the applicant shall be required to pay a fee in an
amount determined in negotiation with the City of Muskego. In setting the fee for land
development projects, the City of Muskego shall consider an equitable distribution ofthe WSt
of land, engineering design, construction, and maintenance.
(5) GENERAL CONSIDERATIONS FOR ON-SITE STORMWATER MANAGEMENT
MEASURES. The-following considerations shall be observed in managing stormwater runoff.
(a) Natural topography and land cover features such as natural swales, natural
depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall
be preserved and used, to the extent possible, (as determined by the Public Works
Committee) to meet the requirements of this section.
@) Stormwater management measures used in developing the stormwater management
plan should be considered according to the following order of-preference. Limitations to
this order of preference that may be recognized include natural site characteristics,
fmancial feasibility, type of development, legal rights in redirecting stormwater flows, and
other restrictions specified S.06(2) and The Wisconsin Stormwater Manual. Part Two;
Technimesim Guidelines for Stormwater BWS (Wiiconsin Department of Natural
Resources, in preparation.)
(i) Onsite infdhation measures for rooftop, sidewalk, parking lot and driveway runoff,
(i) On-site and off-site infiltration style conveyance measures,
(i) Off-site wet detention measures,
(iv) On-site wet detention measures,
(v) Extended detention measures,
(vi) Off-site intiitration measures.
S.M
(1) PERMIT REQUIRED. No one may undertake a land development activity subject to this
ordinance without receiving a permit from the City of Muskego prior to commencing the
proposed activity.
(2) PERMIT APPLICATION AND FEE. Unless specifically excluded by this ordinance, any land
owner or operator desiring a permit shall submit to the City of Muskego a permit application
made on a form provided by the City of Muskego for that purpose.
(a) Unless otherwise excepted by this ordinance, a permit application must be
accompanied by the following information as set forth in Table 1
Table 1
LandDevelopment Activity Permitb S t o r m w a t e r Grading Maintenance Fee
Management Plan Plan Agreement a
Commercial X X X X X
1 & 2 Family Residential X - x - -
Multi-Family Residential X X X X X
Subdivision Development X X X X X
'If Stormwater Management Plan requires maintainable structures
Combined grading and drainage plan to be reviewed by city staff
Unless previously provided by CSM, subdivision design, or other
(b) The stormwater maoagement plan shall be prepared to meet the requirements of S.08
of this ordinance, the maintenance agreement shall be prepared to meet the requirements of
S.09 of this ordinance, and fees shall be those established by the City of Muskego.
(4 Fees for the above noted permits shall be in such amount as may be established by
the City of Muskego Common Council from time to time by separate resolution.
(3) REVEW AND APPROVAL OF PERMIT APPLICATION. The City of Muskego shall
review any permit application that is submitted with a stormwater management plan,
maintenance agreement, and the required fee. The following approval procedure shall be used:
(a) Within 30 business days of the receipt of a complete permit application, including all
documents as required by S.O7(2)(a), the City of Muskego shall inform the applicant
whether the application, plan and maintenance agreement are approved or disapproved.
The City of Muskego shall base the decision on requirements set forth in S.06, S.08, and
S.09 of this ordinance.
(b) If the stormwater permit application, plan and maintenance agreement are approved,
the City of Muskego shall issue the permit.
(4 If the stormwater permit application, plan or maintenance agreement are disapproved,
the applicant may revise the stormwater management plan or agreement, or may appeal the
decision of the City of Muskego as provided for in S. 11 of this ordinance.
(4 If additional information is submitted, the City of Muskego shall have 30 business
days from the date the additional information is received to inform the applicant that the
plan and maintenance agreement are either approved or disapproved.
.(e) Failure by the City of Muskego to inform the permit applicant of a decision within 30
business days of a required submittal shall be deemed to mean disapproval of the submittal.
(4) PRACTICE INSTALLATION AND MAINTENANCE PERFORMANCE
SECURITY. The City of Muskego may, at its discretion, require the submittal of a performance security
prior to issuance of the permit in order to insure that the stormwater practices are installed and maintained by
the permit holder as required by the stormwater management plan. The amount of the installation
performance security shall be determined by the City of Muskego, not to exceed the total estimated
construction cost of the stormwater management practices approved under the permit, unless otherwise
specified in the permit The amount of the maintenance performance security shall be determined by the City
of Muskego, not to exceed the maintenance costs estimated in the stormwater plan for the period during
which the permit holder has maintenance responsibility. The performance seuuity shall contain forfeiture
provisions for failure to complete work specified in the stormwater management plan. Conditions for the
release of performance security are as follows:
(a) The installation performance security shall be released in full only upon submission
of "as built plans" and written certification by a registered professional engineer in the
State of Wisconsin that the stormwater practice(s) have been installed in accordance with
the approved plan and other applicable provisions of this ordinance. The City of Muskego
may make provisions for a partial pro-rata release of the performance security based on the
completion of various development stages including the fd inspection of landscaping
material.
(b) The maintenance performance security, minus any costs incurred by the City of
Muskego to conduct required maintenance, shall be released at such time that the
responsibility for practice maintenance is passed on to another private entity, via an
approved maintenance agreement, or to the City of Muskego.
PERMIT CONDITIONS. All permits issued under this ordinance shall be subject to the
following conditions, and holders of permits issued under this ordinance shall be deemed to
have accepted these conditions. The City of Muskego may suspend or revoke a permit for
violation of a permit condition, following written notifcation of the permittee. An action by the
City of Muskego to suspend or revoke thii permit may be appealed in accordance with S. 11 of this
ordinance.
(a) Compliance with this permit does not relieve the permit holder of the responsibility
(b) The permit holder shall design, install, and maintain all structural and nonstructural
to comply with other applicable federal, state, and local laws and regulations.
stormwater management measures in accordance with the approved stormwater
0 management plan, stormwater management guide, maintenance agreement, and this permit.
(4 The permit holder shall notify the City of Muskego at least 3 business days before
. commencing any work in conjunction with the stormwater management plan, and within 5
business days upon completion of the stormwater management practices. If required as a
special condition, the permit holder shall make additional notification according to a
schedule set forth by the City of Muskego so that practice installations can be inspected
during construction.
(dl Completed stormwater management practices must pass a final inspection to
determine ifthey are in accordance with the approved stormwater management plan,
stormwater management guide and ordinance. The inspection must be made by the City of
Muskego, or other competent professionals identified by the City of Muskego. The City of
Muskego shall notify the permit holder in witing of any changes required in such practices
to bring them into compliance with the conditions of this permit. The permit holder is
further required to submit a certificate of completion, stating the completion of the
permitted work in accordance with the plans, City of Muskego, state and federal
requirements. The certificate must be signed by the permit holder, the contractor the
designer engineer, and authorized City representative.
I. (e) The permit holder shall notify the Public Works Committee of any significant
modifications it intends to make to an approved stormwater management plan. The
Department of Public Works and Engineering may require that the proposed modifkations
be submitted for approval prior to incorporation into the stormwater management plan and
execution.
(0 The permit holder shall maintain all stormwater management practices specified in
the approved stormwater management plan until the practices either become the
responsibility of the City of Muskego, or are transferred to subsequent private owners as
specified in the approved maintenance agreement.
(9) The permit holder authorizes the City of Muskego to perform any work or operations
necessary to bring stormwater management measures into conformance with the approved
stormwater management plan, and consents to placing associated costs upon the tax roll as
a special lien against the property or to charging such costs against the letter or credit, or
cash posted for the project.
(h) If so directed by the City of Muskego, the permit holder shall repair at the permit
holder’s own expense all damage to adjoining municipal facilities and drainage ways
caused by stormwater runoff, where such damage is caused by activities that are not in
compliance with the approved stormwater management plan.
0 6) The permit holder shall permit property access to the City of Muskego for the
purpose of inspecting the property for compliance with the approved stormwater
0 management plan and this permit.
6) Where necessary, it shall be the responsibility of the permit holder to obtain from
. adjacent property owners any easements or other required property interests concerning
flowage of water. Issuance of this permit does not create or effect any such rights.
(k) The permit holder is subject to the enforceable actions detailed in S. 10 of the
stormwater management ordinance ifthe permit holder fails to comply with the terms of
this permit.
PERMIT DURATION. Permits issued under this section shall be valid from the date of
issuance through the date the City of Muskego notifies the permit holder that all stormwater
management practices (including landscaping materials) have passed the fmal inspection
required under Permit Condition.
d 08 STORMWATER MANAGEMENT PLANS
PLAN REQUIREMENTS. The stormwater management plan required under S.07 of this
ordinance shall contain any such information the City of Muskego may need to evaluate the
environmental characteristics of the area affected by land development activity, the potential
impacts of the proposed development upon the quality and quantity of stormwater discharges,
the potential impacts upon water, resources, and drainage utilities, and the effectiveness and
acceptability of proposed stormwater management measures in meeting the performance
standards set forth in this ordinance. Unless specified otherwise by this ordinance, stormwater
management plans shall contain at a minimum the information described within the stormwater
management plan forms provided by the City of Muskego
All site investigations, plans, designs, computations, and drawings shall be certifkd by a registered
professional engin- in the State of Wmnsin to be prepared in accordance with accepted engineering
practice and in accordance with criteria set forth by the City of Muskego.
EXCEPTIONS. The City of Muskego may prescribe alternative submittal requirements for
applicants seeking an exemption to on-site stormwater management performance standards
under S.06(3) of this ordinance.
ne UQUENANCEAGREEMENT
MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for
stormwater management practices under S.07(2) of this ordinance shall be an agreement
between the City of Muskego and the permittee. The agreement shall be recorded as a property
deed restriction by the permit applicant with the County Register of Deeds so that it is binding
upon all subsequent owners of land served by the stormwater management practices.
AGREEMENT PROVISIONS. The maintenance agreement shall contain the following
provisions:
(4 The landowner (s), agent(s), or assign(s) shall maintain stormwater management
. practices in accordance with the stormwater practice maintenance provisions contained in
the approved stormwater management plan submitted under S.07(2) of this ordinance.
0) The City of Muskego is authorized to access the property to conduct inspections of
stormwater practices as necessary to ascertain that the practices are being maintained and
operated in accordance with the approved stormwater management plan.
(4 The City of Muskego shall maintain public records of the results of the site
inspections, shall inform the landowner(s), agenqs), or assign(s) responsible for
maintenance of the inspection results, and shall specifically indicate any corrective actions
required to bring the stormwater management practice into proper working condition and a
reasonable time frame during which the corrective action must be taken.
(4 The City of Muskego is authorized to perform the corrected actions identified in the
inspection report ifthe landowner(s), agent@), or assign(s) does not make the required
corrections in the specified time period. The City of Muskego shall assess the
landowner(s), agent(s), or assign(s) for the cost of such work and shall place a lien on the
property which may be collected as special charges pursuant to Wis. Stats. 66.60( 16) by
the City of Muskego. e (3) TERMINATION OF AGREEMENT. The maintenance agreement shall be terminated at such
time that responsibility for maintenance of the stormwater management practice is legally
transferred to the City of Muskego or agency acceptable to the City of Muskego, through a
written, binding agreement. The termination date of the maintenance agreement required under
S.09(1) shall be the date upon which the legal transfer of maintenance responsibility to the City
of Muskego or agency is made effective.
s.u ENFORCEMENT AND P~fiW
(1) Any land development activity initiated after the effective date of this ordinance by any person,
fm, association, or corporation subject to the ordinance provisions shall be deemed a violation
unless conducted in accordance with said provisions.
(2) The City of Muskego shall notify the responsible owner or operator in writing of any non-
complying land development activity. The notice shall describe the nature of the violation,
remedial actions needed, a schedule for remedial action, and additional enforcement action
which may be taken.
(3) Upon receipt of written notification from the City of Muskego, the permit holder shall correct
work which does not comply with the stormwater management plan or other provisions of this
permit within 30 days. The permit holder shall make corrections as necessary to meet the 0
specifications and schedule set forth by the City of Muskego in the notice
The City of Muskego is authorized to post a stop work order on all land development activity in
.violation of this ordinance, or to request the City of Muskego attorney or corporation council to
obtain a cease and desist order.
The City of Muskego may revoke a permit issued under this ordinance for noncompliance with
ordinance provisions.
Any permit revocation, stop work order, or cease and desist order shall remain in effect unless
retracted by the City of Muskego or by a court of competent jurisdiction.
The City of Muskego is authorized to refer any violation of this ordinance, or of a stop work
order or cease and desist order issued pursuant to this ordinance, to the City of Muskego
attorney for the commencement of further legal proceedings.
Any person, firm, association, or corporation who does not comply with the provisions of this
ordinance shall be subject to a forfeiture as set forth in the City of Muskego Deposit and
Forfeiture Schedule, together with the costs of prosecution. Each day that the violation exists
shall constitute a separate offense.
Every violation of this ordinance is a public nuisance. Compliance with this ordinance may be
enforced by in junctional order at the suit of the City of Muskego pursuant to s. 62.23(8) Wis.
Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunctional
proceedings.
(10) When the City of Muskego determines that the holder of a permit issued pursuant to this
ordinance has failed to follow practices set forth in the Stormwater Management Plan submitted
and approved pursuant to S.07 of this ordinance, or has failed to comply with schedules set
forth in said Stormwater Management Plan, the City of Muskego or a party designated by the
City of Muskego may enter upon the land and perform the work or other operations necessary
to bring the condition of said lands into conformance with requirements of the approved plan.
The City of Muskego shall keep a detailed accounting of the costs and expenses of performing
this work. These costs and expenses shall be deducted from any performance or maintenance
security posted pursuant to S.0 7 of this ordinance. Where such a security has not been
established, or where such a security is insufficient to cover these costs, the costs and expenses
shall be entered on the tax roll as a special charge against the property and collected with any
other taxes levied thereon for the year in which the work is completed.
LlLAPPEALS
(1) BOARD OF APPEALS. The Zoning Board of Appeals, created under section one of the City
of Muskego zoning ordinance pursuant to s. 62.23(7)(e) WE. Stats, shall hear and decide
appeals where it is alleged that there is error in any order, decision or determination made by
the Engineering Department in administering this ordinance. The Board shall also use the
rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
.Upon appeal, the Board may authorize variances from the provisions of this ordinance which are not
contrary to the public interest, and where owning to special conditions a literal enforcement of the
ordinance will result in unnecessary hardship.
(2) WHO MAY APPEAL. Appeals to the board of appeals or adjustments may be taken by any
aggrieved person or by an officer, department, board, or bureau of the City of Muskego
affected by any decision of the City of Muskego.
The several sections, subsections and paragraphs of this ordinance are hereby declared to be severable. If any
section, subsection, paragraph, or subparagraph of this ordinance shall be declared by a decision of a Court
of mmpeteot jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the
ordinance, or of the section of which the invalid portion or paragraph may be a part.
This ordinance shall be in force and effect from and after its adoption and publication. The above and
foregoing ordinance was duly adopted by the [governing body] of the City of Muskego on the - date of
d 199-.
Exhibit "L"
fl
(To be supplied at a later date)
Exhibit "L" -1-
Exhibit “MIt
ACKNOWLEDGED TRANSPORTERS COMPLIANCE POLICY
The Operator shall require any Acknowledged Transporters,
other than the Operator or any affiliate of Superior Services,
Inc., to agree to the Acknowledged Transporter vehicular
requirements in the form as set forth below These requirements
shall be distributed to any Acknowledged Transporter, other than
the Operator or any affiliate of Superior Services, Inc , the first
time the Acknowledged Transporter uses the Solid Waste Facility and
every six (6) months thereafter, either through personal delivery
of the requirements at the scale or in the billing statement. The
requirements shall be posted at all times at the scale window
Acknowledged Transporter Vehicular Requirements
I agree, as a representative of (contract
hauler), that I/our company and/or our representatives will
cooperate with Superior Services, Inc. and operate in conformance
with the vehicular requirements of the Hickory Meadows Landfill
Final Negotiated Agreement and local ordinances to ensure that as
a hauler disposing of waste at the Superior Hickory Meadows
Landfill our company will comply with the vehicle requirements
imposed by the Operator, as stated below. I further acknowledge
that the Operator is under obligation to cooperate with the
Affected Municipalities in order to substantially minimize Solid
Waste transported in such third party vehicles from discharging,
leaking, spilling, falling or blowing out of such transport
vehicles on public or private lands in the County.
I, (contract hauler/individual), agree to conduct
the transportation of waste based on the following:
Contract Hauler will operate its transport vehicles so as to
substantially eliminate the potential for discharge of waste onto
public or private property in the County.
All transport vehicles will be equipped with proper side boards,
gates, straps and/or tarps to allow for the safe transport of waste
to or from the Solid Waste Facility. This equipment shall meet or
exceed DNR or Wisconsin Department of Transportation
specifications.
Exhibit “M“ -1-
-
Operating hours will be from 6:30 a.m. to 5:OO p.m., Monday through
Friday, and 6:30 a.m. to 12:OO p.m. on Saturday. All vehicles
shall cross the scale no later than 15 minutes prior to the end of
the day.
Contract Hauler will only approach and leave the Solid Waste
Facility utilizing Schneider Road east to Highway 51.
All loads/trucks will be fully contained and/or tarped as they
enter the Solid Waste Facility and will be either swept out inside
the Active Fill Area of the landfill or tarped when they leave the
Solid Waste Facility.
Any discharge of waste onto public or private property or adjacent
public or private property or any failure to comply with these
requirements that are documented by the Operator or by the Standing
Committee and notice is provided to the Operator will result in the
following sanctions:
BREACH AGREED DAMAGES
LEVEL 1 One per calendar Verbal warning
LEVEL 2 Second per calendar Written warning
quarter
quarter
quarter
quarter facility for the next
LEVEL 3 Third per calendar Second written warning
LEVEL 4 Fourth per calendar Suspended from using the
following week
2nd LEVEL 4 Second Level 4 event Suspended from using the
per calendar year facility for the next month
If there are no further breaches of these requirements during a
six-month period (not including any suspension period), the
Contract Hauler shall be considered to be in compliance with these
requirements.
This compliance policy may be amended to conform with any approvals
made pursuant to the Agreement or any modifications of the
Agreement.
Exhibit "MI' -2-
Exhibit 'IN"
D-
(To be supplied at a later date)
Exhibit "N" -1-
-~
Exhibit "0"
(To be supplied at a later date)
Exhibit "0" -1-
Exhibit llP1t
SOCIOLOGICAL PAYMENTS
The Affected Municipalities recognize that the proposed
Landfill Expansion at Emerald Park Landfill will have an adverse
impact on the quality of life of certain Residential Properties
which are listed in Attachment 1 to this Sociological Impact
Payment Exhibit. For each party listed, SEPLI agrees to pay the
sum of $3,000.00, made payble to the Owner(s) of record, on or
before January 15, 2000, and January 15 each year thereafter.
Payments shall continue until Final Closure is certified by the
Department . The payment will increase by the amount of 5% each
year, beginning in the year 2001. Drought School and Bethlehem
Lutheran Church will be included in this program.
To be eligible, the property must be an owner-occupied
dwelling as of January 1 of the year of this program for which
payment is sought. Furthermore, only homes that have been
constructed and occupied by the Owner as of the date of the signing
of the Final Negotiated Agreement by SEPLI shall qualify. "Owner-
occupied" shall include properties held in trusts, solely-owned
corporations, partnerships or limited liability entitites, or the
above-named schools or churches.
The sociological payments will continue and are transferrable
to purchasers or transferees of the qualified property. In the
event SEPLI or another landfill company acquires any interest in
the properties that are eligible for the sociological impact
Exhibit "P" -1-
payment, those properties shall lose their eligibility to receive
payments.
Exhibit "P" -2-
cn rn n
7J
U a
8 a
h: a
3
Exhibit "Q"
PCB IMPACTED SEDIMENTS
"PCB-Impacted Sediments" are defined as those sediments
containing PCBs at any concentration from remediation projects
authorized for disposal in Wisconsin landfills which comply with
the requirements of U.S. EPA Region 5's Approval to the Department
to Dispose of PCB-Impacted Sediment in a Wisconsin Landfill, dated
January 24, 1995, or any subsequent amendment by EPA-Region V to
such approval, or under TSCA.
Exhibit "Q" -1-
'
Local Negotiation Ex-
A pnymeat of $200,000 for legal negotiation expenses and a payment of 6200.000 for the
cantested case hearing costs would be made within a p~e~rribad number of days
following the cxwution of the agreement.
Loomis Drive Road
A payment of $34O,ooO towards the cost of reconstructing Loomis Drive would be paid
to the City after the project is publicly bid, but prior to the award of the comnrclion
wnlmct.
MuskegoMonvay School Dlstrid Disposal
Free disposal for the School District - currently at 221 tons/year according to their BFI
wntract using 300 tondyear in 1999 and 450 tons/yw in 2013 and a tipping fee increase
of 4Vdyear (see computation sheet). The contract would allow any hauler wilh School
Ditrict &e to dump at no charge. This would be for as long as the landfill is open. but
at a minimum for 15 years certain.
Muskego Departmcnt of Public Works Disposal
Free disposal for any wasles from the City DPW currently estimated at 300 tonsfyear.
For analysis purposes. 400 tondyear is assumed for 1999 and will increase to 600
tonslyear by 2013. The benefit would be for RS long BS the landfill is open, but at lcast for
15 years [see computation shect). The benefit assumes the tipping fa will increase by
4% per year starting at s2250hon in 1999.
Waukesha County Parks Disposal
Free disposal of any wastes from the Waukcsha County Park system estimated at 600
tondyear for 1999 and increasing to lOOOtons/year by 2013. The benefit would be for as
long RS the landfill is open, but at least for 15 years (see computation shect). The benefit
assuma the tipping fee will increase at 4% per year stnrting a1 S22.50/tou in 1999.
Frcc Public Disposal Drop Off For City Residents
estimated at 10 todwczk starting in 1999 and increasing to I5 tonslweck by 2013. lle
Free drop off 9 AM to 4 PM on Friday and 8 AM to 12 noon on Saturdays for restdents,
benefit wswnes the tipping fee will increacie by 4% per year stwting at $22.50/ton iu
9)
0
1999 (5be computation sh). The estimated construction cost is S25,OOO and the annual
labor mst is $1 1,3lO/year. This benefit would be for BS long as the landfill is open. but at
least for a minimum of 15 years.
Police Firing Range
A credit OfS50,WO would be ackuowledgcd by the City upon signing of the agreemerit
Private Well Testing
It WBb assumed that 55 homes would need well testing for the next 55 years. It was
Rsrumcd that the costs for the testing is $400 per home per year. It was also assumed [hat
the dl testing costs would escalate at 4% per year (see computation sheet). For
purposes of computing the benefit, 15 yean was used siw auy future expansion would
continue the well testing requirement If thue is no expansion to the Landfill. the City
would assume the costs ofthe well testing program after the first 15 pus.
Property Value Protection
It was assumed that 55 homes would be placed under the propetty value protection plan.
This plu wmld be structured to pay for any loss in value of the property caused by the
landfill. 'Thjs would give the existiDg homeowners an option to sell their propwy at a
prc-landfill price withii a period of time (one year?) after the expmdcd landfill begins
operation. EPI believes there will be no property value decrease. howcvcr, a figurc of
S400.000~as estimated as the value ofthis protection.
Household Hazardous Waste Management Facility
It MS assumed that the agreement would require EPI to establish a permanent facility
which would be available for use by all affected jurisdictions (siting wmmittee to defiie).
The slart up cos~s for 1999 are assumed to be S250,OOO and the sccond year costs are
assumed to be $190.000 with the third year costs stabilizing at $156.000 and then for the
last 12 years. the cost would escalate at 4% per year. A schedule would be developed So
that if something changes with the program and the sheduled expeose is not incurred. the
difference would be paid to the City at the end of that year (see computation sheet).
Muskego Landtill Compliance Officer
A payment of $25,000 per year escalaling at 4% per year would be made to the City.
This money would bo used towards the salary of a Landfill Compliance Officer who
would monitor both thc landfill operations and the terms of the agreement (see
mmputation sheet).
MAX- 4-YY 'IHU &I;'J!~ AM XUEKhKI' It MlhLKE, INL. FAA hU. 414 3YL 3031 r4
Annual Standing Coauuitte Expense
This benefit is meant to fund the costs incurred by a standing committee to review and
addma my complaints OT problems the citizens are having with the landfill. It was
stimstcd that the approximate cost of this committee would be $10,000 por year (basad
on the Franklin Agreement). There is Eome question of wfiether this is actually a benefit
or a result of the landfill expansion In addition, ifthe funds are not urpendd, no benefit win OCC[IZ. If it is considered to be a benefit, language should be drafted to require a
yearly payment of $IO.OOO to the City. For the purposes of setting the direct payment
rak. it WBS assumcd tbc City will receive $10,000 per year with no escalation factor for a
paiod of 15 years (see computation sheet).
Tipping Fee Rebate
It was assumed that the City would modify their conkt with BFI to be a pick-up and
haul contract and that the tipping fac or disposal costs at EPI wouId bc mu. The benefit
calculation was based 00 a wasteload of 2 pounds of waste per day per pcrjon. The DOA
population estimate for 1998 for Muskego is 20,619 and the 2013 estimate is 29,863. It
was assumed that the tipping fee benefit cost is %22.SD/ton and that will escalate at 4%
per year during the 15 yw contract (see computation sheet). It was also assunzed that
this benefit would last as long as the landfill was open and at least for a nlinimum of 15
years.
Remainiry Life Benefit
The agreement wuld contain a provision that as of January I, 1999, all wastes brought
into thc existing landfill would be charged at the new conkact rate pcr ton. It is assunled
that the compaction would reach 2,000 pounds per cubic yard. The benefit difference
betwecn the old contract rate and the new contract would be $1,296,000 ($2.41/l'on -
S0.77Kon x 790,280) based on an sssumed remaining capacity of 790.280 cubic yards
(859.000 ICSS 8% cover). Because ofthe variables involved, the contract would contain a
provision that a minimum of $1,296,000 om the oxiding contract would be paid to the
City on January I, 2000. If the actual remaining capacity of the existing landfill exceeds
790,280 tom. the new contract rate will continue 10 apply.
RUEKERT a MIELKE, MC.
Coldling Engineers
February 16. 1999
YAK- 4-YY mu y:oo AM RUEKEET & MIELKE, INC. FAX NU. 414 542 bb.31
0 CITY OF MUSKEGO
EPI LANDFILL
BMT ANALYSJS
0 9)
Local Negotiation kpenses
Loomis Drive Road Project
MuskegoNorway District Disposal
Muskego DPW Disposal
Waukesha County Parks Disposal
Public Disposal
Policc Firing Range
Private Well Testing
Property Value Protection
Household Hazardous Waste Program
Landfill Compliance Oflioer
Slanding Committee Costs
Tipping Fee Rebate
Remaining Life Bencfit
Total
$ 8,453.000
9,867,920 Ton Capacity = $0.856non Benefit
Present Value
$ 400.000
340,000
104,000
138,000
221,000
343.000
50,000
273,000
400,000
1,929,000
3 1 1.000
97,000
2,551,000
1,296,000
$8,453,000
MAR- 4-99 THU 9:OO AM RUEKEBT k YIELKE. IHC. FAX NU. 414 542 5631
MALLARD RIDGE
BENEFIT ANALYSIS
'.
1) Negotiution Expenses
2) Tree Replacement
3) Free Public Disposal
4) Tipping Fee Rebate
5) Private Well Testing
6) Standing Committee
7) Existing Site Benefit
8) Rccycling Ben&"'
0 9) Town Administration Costs
Benefit Computation
$1.630.551
4,331,000 Ton Capacity @) = S0.3765mon
Notes:
(I) To be determined
('I Using a compaction assumption of 2,000 lbslcu yd
Told
pwwt Value O)
Sl08,OOO
15.000
14,300
113,000
17,000
44.000
1,282,45 1
?
36.800
$1,630,551
0 CllY OF MUSKEG0
EPI L4NDFILL NEGOTIATION
RAlX CALCULATIONS
\.
The rate is to be based on an equivalent Mallard Ridge Contract payment which is S2.31ITon for
1998. The S2.31ITon escalates st 8% per year. If the EPI rste ouly dates at LGIP (5.2%) per
year. the starting rate for EF'I nwds to be adjmted accordingly (see computation sheet). The
starling rate for EPI. cqulvalency would bc $2.893/rw for 1999.
Mallard Ridge Equivalent Rate Calculation
Starting Rate S2.893Non
Plus Indircct Benefit S0.377Ron (scc computations)
Total Mallard Ridge Equivalent $3.270mon
EPI Contract Calculation
Starting Rate
Millus Indirect Aenefit
Computed Dircct Rats
S3.270Kon
S0.8SUTon (see computations)
E2.414tTon For 1999
a Document No.
NOTICE OF FINAL
NEGOTIATED LANDFILL
PURSUANT TO WISCONSIN
SITING AGREEMENT
STATUTE 289.33
JI Document Title
Superior Emerald Park Landfill, Inc. hereby
gives notice that a Final Negotiated Landfill Siting
Agreement has been entered into between Superior
Emerald Park Landfill. Inc.. owner of the property
described in Exhibit "A" attached hereto, and the Superior
Emerald Park Landfill Negotiating Committee which
represents the City of Muskego, the City of Franklin,
Racine County, Waukesha County, and the Town of
Norway, which provides that the property hereinbefore
referred to has been encumbered by certain covenants and
restrictions that are more specifically set forth in a separate
agreement which can be obtained by contacting the
Grantor, Superior Emerald Park Landfill, Inc. or the
Clerks of any of the aforementioned municipalities. Such
restrictions run with the land and constitute limitations on
tsording Area
(me and Return Address
HUDEC LAW O~CES, S.C.
2100 Church Street. P.O. Box 167
East Troy. WI 53120
use of the property described in Exhibit "A" as well as affirmative obligations to the
municipality and others, including the aforementioned municipalities.
Executed this day of March , 1999.
, President
Superior Emerald Park Landfill, Inc.
Subscribed and sworn to before me
this - day of March , 1999.
This document was drafted by:
Attorney Patrick J. Hudec
Attorney for the Superior Emerald
HUDEC LAW OFFICES, S.C.
Park Landfill Negotiating Committee
P.O. Box 167
2100 Church Street
East Troy. WI 53120
(4 14) 642-2200 Exhibit 4