CCR2011108-Landfill
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
RESOLUTION NO. 108-2011
A RESOLUTION TO WAIVE RENEGOTIATION
OF EXISTING AGREEMENTS AFFECTING
THE VEOLIA ES EMERALD PARK LANDFILL
FOR PROPOSED
WESTERN EXPANSION
WHEREAS, on or about July 6, 2011, Veolia ES Emerald Park Landfill, LLC, submitted a
Request for Local Approval for the Veolia ES Emerald Park Landfill Western Expansion as the
Department of Natural Resources has waived the requirement for an Initial Site Report as the proposed
expansion area was included in the previous ISR; and
WHEREAS, the Veolia ES Emerald Park Landfill (formerly known as the Onyx Emerald Park,
Emerald Park Landfill and the Superior Emerald Park Landfill) is a solid waste disposal facility located
within the City of Muskego, Waukesha County, Wisconsin; and
WHEREAS, Veolia ES Emerald Park Landfill, LLC, a domestic limited liability company, is the
current owner of the Veolia ES Emerald Park Landfill; and
WHEREAS, the City of Muskego, Waukesha County, City of Franklin, Town of Norway, and
Racine County each constitute an “Affected Municipality” under Wis. Stat. § 289.01(1); and
WHEREAS, the Veolia ES Emerald Park Landfill is licensed by the Wisconsin Department of
Natural Resources (“WDNR”) under WDNR License No. 3290 pursuant to Chapter 289 of the
Wisconsin Statutes; and
WHEREAS, the Veolia ES Emerald Park Landfill is further subject to multiple agreements, to
wit: the Interim Construction Agreement, Stipulation as to Agreed Upon Issues as to Negotiated
Agreement, the Arbitration Award of the Wisconsin Waste Facilities Siting Board, the Settlement
Agreement and Mutual Release in Case No. 99 CV 1476, and the January 20, 2000 Letter of
Understanding regarding City of Muskego v. Superior Emerald Park Landfill, Inc. (all of which are
collectively referred to herein as the “Agreement”); and
WHEREAS, the Agreement arises out of, and is related to, an expansion of the Veolia ES
Emerald Park Landfill; and
WHEREAS, the Agreement was ultimately concluded on or about March 13, 2000, after
approximately two years of contentious litigation; and
WHEREAS, the aforementioned Stipulation as to Agreed Upon Issues as to Negotiated
Agreement and the Negotiated Agreement incorporated therein (the “Negotiated Agreement”) was
entered into under Wis. Stat. § 289.33(9)(g); and
WHEREAS, Paragraph 27 of the Negotiated Agreement (attached hereto and incorporated by
reference as Exhibit A) expressly grants the Affected Municipalities the option to waive negotiations for
future expansions and thereby make applicable all terms and rate schedules for compensation set forth in
the Negotiated Agreement; and
WHEREAS, Paragraph 27 provides that the Affected Municipalities shall have six months from
the date of receiving the Initial Site Report to make said waiver election; and
WHEREAS, the City has carefully considered the Request for Local Approval in lieu of an
Initial Site Report, as it relates to the future operation of the Veolia ES Emerald Park Landfill, the
Agreement, and the commercial benefit and health, safety, and welfare of the public; and
WHEREAS, the City hereby finds that waiver of its right to renegotiate the Agreement is in the
best interests of, and will promote, the commercial benefit and the health, safety, and welfare of the
public;
NOW, THEREFORE, the Common Council of the City of Muskego, Waukesha County,
Wisconsin, DO RESOLVE AS FOLLOWS:
SECTION 1: That it is hereby RESOLVED that:
A. The City of Muskego shall, and hereby does, ELECT to exercise its option pursuant to
paragraph 27 of the Negotiated Agreement to WAIVE renegotiation of the Veolia ES Emerald Park
Landfill Western Expansion and thereby make applicable all terms and rate schedules for compensation
set forth in the Agreement; and
B. The Mayor and City Clerk are authorized to execute written notice(s) on behalf of the
City of Muskego in the furtherance of such WAIVER and said notice(s) shall, upon execution, be
attached hereto and incorporated by reference.
SECTION 2: SEVERABILITY. The several sections of this Resolution are declared to be severable.
If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid,
unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof
directly specified in the decision, and shall not affect the validity of any other provisions, sections or
portions thereof of this Resolution. The remainder of this Resolution shall remain in full force and
effect. Any other resolutions whose terms are in conflict with the provisions of this resolution are
hereby repealed as to those terms that conflict.
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SECTION 3: EFFECTIVE DATE. This Resolution shall take effect immediately upon passage and
posting or publication as provided by law.
TH
Dated this __12 __ day of _____JULY___________ 2011.
CITY OF MUSKEGO
By: __________________________
Kathy Chiaverotti, Mayor
ATTEST:
_______________________________
Jill Blenski, Deputy Clerk
Published and/or posted this ___ day of _______________ 2011.
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