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City Council Minutes 2006 10-30-06 Special Meeting MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS. HELD AT THE YORKVILLE MIDDEL SCHOOL GYMNASIUM, 702 GAME FARM ROAD ON TUESDAY. OCTOBER 30, 2006. Alderman Spears announced that Mayor Prochaska was out of town due to a death in his family and that she was mayor pro temp for the meeting. She called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. �i ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Hart, Director of Public Works Dhuse, Finance Director Mika and Public Relations Manager Spies. QUORUM A quorum was established. PUBLIC HEARINGS General Obligation Refunding Bonds (Alternate Revenue Source) Mayor Pro Tern Spears entertained a motion to into public hearing for the purpose of discussing the General Obligation Refunding Bonds (Alternate Revenue Source). So moved by Alderman Leslie, seconded by Alderman Bock Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Pro Tem. Spears entertained a motion to close the public hearing. So moved by Alderman Leslie; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye CITY COUNCIL REOUESTS Discussion of Host Agreement and Landfill Siting Process Alderman Spears entertained a motion to suspend the five minute speaking limit as this is a special meeting. So moved by Alderman Burd. Motion failed due to lack of a second. Alderman Spears introduced the City's solid waste attorney, Derke Price. Attorney Price proceeded to give a presentation as outlined by the attached handout: ❖ History ■ Anthropology and Geology — everyone creates garbage and it needs to be put somewhere safe — not near lakes, rivers or streams. The Fox Moraine property has been considered for over 10 years. ■ County Solid Waste Master Plan (SWMP) — Kendall County amended plan to consider landfills versus transfer stations. ■ Potential Consequences for City - Change caused consideration for United City of Yorkville because the County gave no feeling of certainties that the City's needs would be met. The City chose to annex the property. ❖ Prel ■ Review and update siting ordinance ■ Assemble team of experts i The Minutes of the Special Meeting of the Citv Council — October 30, 2006 — uage 2 ♦ C. Brooke Beal — 17 years of solid waste management experience; specializes in plan and operations ♦ Dr. Craig Benson PE - specializes in environmental science and engineering ♦ Steven Schilling, PE — licensed professional engineer specializing in engineering, flood plains, recharge, etc. ♦ Karl Fry, PE, AICP — Traffic Analysis Expert ♦ Engineering Enterprises Inc. (EEI) ♦ City Staff ■ Negotiated Host Agreement — starting point. Article 39.2 of the Illinois Environmental Protection Act which outlines this process has only two sentences about host agreements however it has pages on the siting process. Public input is most valuable during the siting process ■ Prepare for rest of process — getting infrastructure ready at City Hall ❖ Host Agreement ■ Intended to set stage for application ■ Only opportunity to discuss benefits outside of direct consideration of evidence ■ Conditions — tailored to evidence with public input ❖ Different Approaches ■ Different terms for each project ■ Municipal vs. Regulatory — City took municipal approach and created a process for immediate response to problems. ❖ Comparisons • The misconception is that Yorkville's agreement calls for all obligations to terminate after landfill ceases the acceptance of waste however agreement calls for Groundwater Protection Plan to be effective until Fox Moraine concludes its post - closure care or 30 years after the landfill ceases. Kendall County Agreement calls for Groundwater Protection Plan to ceases with landfills closure. The misconception is that Yorkville's agreement does not address transfer of ownership of landfill gas and gas management system however agreement calls for no transfer of ownership or other interest without prior written approval of the City. Kendall County's Agreement gave the right for the public hearing process before ownership is transferred which is a good idea that can be added to the City's agreement. • Kendall County's agreement guarantees a minimum annual payment whereas Yorkville's agreement does not contain this. Minimum payments were not recommended by the experts because this competes with safety. A minimum annual payment could create a motive for shortcuts and creates false expectations. Also, there could be governmental action which could prevent the operator from meeting this guarantee. Instances of this pending are: ♦ SB 1720 — will ban all computer monitors from landfills affecting income ♦ Bottle Bill — deposit could be applied to every bottle or can which will divert waste from the landfill and affect income ♦ Municipalities could choose other waste companies which would divert waste. • Waste Stream Commitment ♦ Kendall County's minimum commitment could bring waste in from surrounding states ♦ Yorkville's agreement does not address this because no siting application has been received and no service area has been established. ♦ Kendall County's agreement states that Waste Management guarantees the disposal of waste in the amount of at least one million tons of waste upon the commencement of operations. This is not a "per year" figure. With hauling contracts in flux, where will Waste Management get its waste? l ♦ Neither Fox Moraine nor Waste Management has identified where waste will come from. ■ Property Values ♦ Kendall County's agreement offers property value guarantees to property owners within 1 mile of landfill. Guarantee begins the day the permit to operate is issued. ♦ Yorkville offers this to property owners within 1000' — timing not distance is the issue. Property protection starts the day the siting application is filed. i The Minutes of the Special Meeting of the Citv Council — October 30, 2006 — na ee33 • Groundwater Protection Agreement ♦ Kendall County agreement's extends protection 1.5 miles — if residents provide a lab analysis and engineering report then potable water will be provided. Property owner must pay for analysis. Provision ends with active operation of landfill i ♦ Yorkville's agreement extends 1000' — if residents report problem with well, potable water will be provided within 24 hours; no expense to owner and no questions asked. Landfill operator pays for lab analysis and engineering. This provision continues for 30 years after active operation. • Communication ♦ Kendall County's agreement creates a landfill website ♦ Yorkville remains silent — City is waiting to hear from residents as to what they want; website, quarterly meetings, etc. • Performance Standards ♦ Yorkville's agreement states that compliance with all of the ordinances, laws, rules and regulations of the City, State and United States of America, apply. Catchall clause indicating that all laws apply. ♦ Kendall County took different approach and incorporated specific standards. If a provision is not on list, then no damages can be paid out. Also, there is no provision for new standards. • Stipulated Damages and Enforcement ♦ Yorkville is silent because it focuses on self -help powers. This allows for more immediate action to be taken. Fox Moraine indemnifies the City from costs; there is an escrow account that gets replenished. Allows for arbitration which is faster, has expertise built in and is enforceable. ♦ Kendall County's agreement places the emphasis on litigation. Lawsuits can be pursued if after ninety days nothing has changed regarding complaint. Can be a long, drawn out process. • Financial Assurance ♦ Kendall County's agreement excludes forms of financial assurance. ♦ Yorkville's agreement allows this to be tailored to applicant. • Cost of Reimbursement ♦ Yorkville does not want this because it trades objectivity for dollars and it is not the best practice ♦ Kendall County's agreement calls for yearly reimbursement payment. • Disposal Guarantee ♦ Yorkville's agreement has a guarantee for waste generated in the City and is expandable upon receiving the application. ♦ Kendall County's agreement has a guarantee for the entire County. • Future Use ♦ Yorkville's agreement requires that an end use plan be presented in the siting application. Deciding on this before receiving an application is premature. ♦ Kendall County's agreement may assign its rights under the lease to a third - party or enter into a sublease. • Private Review ♦ Kendall County already locked in a traffic plan which may need to be amended after the siting. ♦ Yorkville expressed concerned that a private review of a draft application casts a shadow over the entire siting process. Attorney Price went over the siting timeline and then opened the floor for questions. Alderman Burd noted that the reason that she, along with Aldermen Munns and Spears, requested this meeting was so that everyone could hear how Attorney Price negotiated the Host Agreement. Alderman Burd asked him to elaborate on the following issues: • Why did Yorkville's agreement require prior notification of inspections while the County's does not. Attorney Price explained that the City has the right to inspect the landfill at any time. Prior notification is for safety issues and a representative of the landfill needs to be present during the inspection. • The City's agreement states all reasonable efforts to avoid debris would be taken while the County's states they shall not have debris. She asked why this was not addressed up front. Attorney Price explained that it can't be expected that there will be staff walking the perimeter of the landfill cleaning up. How many staff members will be needed for this? There are too many unknowns at this point in time. I The Minutes of the Special Meeting of the Citv Council — October 30. 2006 — pa g 44 o How will the City Council handle the process; will they all be judges? Attorney Price explained that the City Council is the hearing judges and that a quorum of the City Council will be needed at the public hearing. Anyone missing a meeting will need to read the information presented to keep updated. Alderman Burd thanked Attorney Price for his efforts and for the information he provided. Alderman Munns had the following comments and questions: o He noted that it was mentioned that people will be needed for clean-up and enforcement. He asked if the City would have to hire employees to do this. Attorney Price stated that this could either be handled in -house or contracted out. Fox Moraine will be responsible for the cost. o He asked what would happen if the City Council does not take action after the 180 days. Attorney Price stated that the application would be "deemed" approved however if residents don't like the Council's decision, they can appeal. Alderman Spears had the following comments and questions: • Conditions - She stated that there are many conditions that cannot be in the siting agreement and recommended that this be addressed in the Host Agreement. Attorney Price asked Alderman Spears what specific conditions cannot be included in the siting agreement however she did not have this information with her. Attorney Price explained that there are nine criteria that need to be met and conditions can be tailored to the evidence. She asked what conditions have not been allowed 'mother siting agreements. Attorney Price stated that he was not aware of any particular conditions that were disallowed however conditions can be challenged (i.e. how fees can be allocated, who benefits from fees, etc). Steve Schilling stated that he has reviewed siting conditions imposed on other landfills and a number of them allow fees to be imposed for inspections, etc. He also was not aware of any conditions that were not allowed. • Total hold harmless - She stated that she felt it would be in the best interest of the City to have a "total hold harmless" clause in the Host Agreement. Attorney Price pointed out that paragraph 17 of the Host Agreement addresses this with a "total indemnity clause" which holds the City harmless. • Retaining counsel - She asked if there was anything in the agreement that states that the city has the right to retain counsel of its own choice at Fox Moraine's expense. Attorney Price explained the indemnity clause states that Fox Moraine is responsible for any costs incurred such as attorney's fees. • Guarantee of payment — she noted that the County's was unconditional. She commented that she thought it would be better for the City to have a guaranteed revenue source. Attorney Price explained that if the City Council feels this is necessary, it can be put into the siting agreement. • Arbitration - she commented that a jury and judge who were local would be to the benefit of the City. Attorney Price noted that Kendall County court system is short staffed and this would not be the way to get the quickest results. • Groundwater Protection — she suggested that the City increase the scope of the area to 1.5 miles. Attorney Price indicated that this could be addressed as a siting condition. • Communication — she commented that she felt the City should communicate openly with the public. Attorney Price indicated that there is an additional meetings scheduled to explain the siting process. • Hauler — she noted that the Host Agreement does not identify a hauler. Attorney Price explained that the hauler will be identified in the siting application. The City's team wouldn't recommend any untrained haulers. If this information is included in the Host Agreement, the City is prematurely committed to something. • What is the term for the public person who sits in at the public hearing and asks questions? Attorney Price replied that the term was "participant" and anyone can be a participant. He explained that questions will be written down so that the same question is only asked once. The hearing officer will moderate the questions. Participants can be attorneys, residents, etc. Alderman Spears suggested to the City Council that conditions be put into the Host Agreement now rather than wait for the siting application. Alderman Leslie had the following questions: • What type of vote is needed for final acceptance and is the mayor involved in the vote? Attorney Price explained that a simple majority is needed and the mayor can vote. • What is the service area of the landfill, tonnage limits and what prohibits waste from other areas? Attorney Price explained that limitations can be addressed in the siting agreement because they depend on needs. In regards to the service area, if a need is sited to include outside areas the City Council can see if the need doesn't meet requirements. The Minutes of the Special Meeting of the Citv Council — October 30, 2006 — pa L55 o If the hauling of waste is limited to Kendall County would this be a "deal breaker "? Attorney Price explained that the City Council needs to determine if the area defined is unreasonable based on expert testimony. Alderman Wolfer had the following questions: o How are conditions set? Attorney Price stated that conditions needed to be determined before the final vote. The hearing officer will take the evidence presented and then make a recommendation to the City Council so that things can be tailored before the vote. o Do conditions needed to be backed up by evidence. Attorney Price explained that conditions are set based on evidence. Alderman Munns asked for clarification on the vote needed to approve the landfill. Attorney Price reiterated that, based on state statute, a simple majority vote is needed. Alderman Spears opened the floor for public comment. Ron Parrish, Kendall County resident, complimented Attorney Price on a good presentation. He asked if the experts present knew how many landfills with plastic liners have failed and leaked. Mr. Schilling stated that if a landfill is properly constructed with a plastic liner it should not leak. Mr. Parrish indicated that he researched this and 82% of landfills leak. He also stated that money is the main reason the City is getting involved in a landfill. He asked how problems with the landfill will be handled and Attorney Price explained that residents can come to City Hall with their complaints and the City will take action or residents can hire a lawyer if they choose. Mr. Parrish asked how large the landfill will be and Attorney Price stated this is unknown until the siting application is received. Rich Guerard from Windham Deerpoint Homes stated that they had several hundred acres of land near the landfill. He expressed his concern that paragraph 15 of the annexation agreement for this property states that the City agrees to cooperate and provide all assistance requested by the owner in obtaining approval, permits, etc. to develop the property. Later in the same paragraph it states that the development of the property will be a landfill. Mr. Guerard asked how the City could be impartial to the landfill with statements like this in the annexation agreement. Attorney Price noted that the annexation agreement was a separate act from the approval of a landfill. Bob Kalizinski asked if the environmental expert was present and Attorney Price explained that Dr. Craig Benson was not able to attend tonight. Mr. Kalizinski asked if the experts present knew the types of bases are used for landfills and those present did not know. Mr. Kalisinski had the following comments: • The State of Illinois is the #2 importer of waste in the Untied States. • There are three types of bases and according to the USGS 100% of landfills leak over time. • The Host Agreement has too many "outs" He asked what a "LLC" was and Attorney Price explained that it means "limited liability corporation" and this is a type of corporation where the members are not personally liable for anything except acts of fraud. Mr. Kahzmski asked that if the LLC goes bankrupt would it be able to reopen under a different name somewhere else. Attorney Price stated that if Fox Moraine, as the owner of the property, goes bankrupt their land is an asset. He noted that the operator has yet to be identified. Mr. Kalizinski noted that if a base deteriorates and contamination reaches an aquifer it could cost millions of dollars to clean up. He noted that the landfill in Lowell, Indiana is having problems and he stated he had information about the landfill if anyone on the Council was interested. He sited facts and figures about health problems that could be caused by a landfill. He asked Attorney Price if the City would be held responsible in a civil suit. Attorney Price stated that if the City finds the land meets the criteria for a landfill they are not accountable. Alderman Munns noted that there was a time limit of five minutes for comments and that Mr. Kalizinski had reached his time limit. Harlan Plocher asked the attorneys if they had ever heard of John Frost. None of the panel knew the name. Tom Gilmore, Kendall County resident, noted that the County residents will be impacted by the landfill the most and there is no one representing them. He noted that there has been concern for Morris because of trucks coming off of Route 80 and he asked if anyone was concerned with Newark and Millbrook who are close to the landfill site. Attorney Price noted that as the Host Agreement was not the source for public input this information will be solicited at the public hearing for the siting process. Mr. Gilmore noted that the County has a mechanism in placed to site a landfill and that the City has made an agreement in violation of the Kendall County i The Minutes of the Special Meeting of the Citv Council — October 30, 2006 — page 6 ordinance. Attorney Price stated he was not 100% certain that the landfill would be sited on this property. The applicant also has to meet the criteria of Kendall County's plan. Alderman Leslie asked how close the approval of the siting application will come to the upcoming election. It was discussed that the approval will come near the end of Apri12007 or sooner depending on evidence. - Attorney Michael Blazer, counsel for Kendall County, stated that he felt that incomplete information has been given. He explained that there is a lengthy list for siting conditions for various applications and that several conditions have been found to be inappropriate. He sited case law and a list of conditions found to be improper. He also stated that all siting conditions related to an application can be appealed. He also commented that the mayor of Bellwood has expressed great satisfaction with Hillside's approach to their landfill and that is why they are not taking further action. Alderman Munns called point of order; Mr. Blazer's five minutes had elapsed. Alderman Spears stated that Mr. Blazer should be allowed to continue and Aldermen Munns and Burd pointed out that wasn't fair to all the other previous speakers. George Gilson stated that he has attended all the City meetings and been watching the process. He clarified that the siting conditions would be judged by the City Council and the application approved by a simple majority vote. He commented that he wasn't secure with the City Council making this decision because it hasn't answered all the questions. He did not feel secure they will listen to the residents comments. Attorney Price stated that all feedback will be taken seriously. He explained there are checks and balances and if the residents don't like the Council's decision they can appeal. Mr. Gilson noted that most of the people present at this meeting don't have the funds to appeal so they are relying on the City Council to listen to them. He noted that parking ban surveys were sent out but there wasn't any citizen input on the annexation or the landfill. Jim Boe, Yorkville resident, stated that he understood that the County has a site in mind for a landfill so why was one being considered for Yorkville. Attomey Price expalined that landfills are based on science because a site is needed with the right amount of clay. This site has been explored since 1993. Mr. Bo3 questioned why a landfill was needed in Kendall County and if it is needed why is it so close to the Yorkville. Attorney Price stated the facility needs to be able to accommodate the waste in the area and a site needs to be geologically sound. Fred DuSell noted that the Host Agreement doesn't address the construction design as to grading and elevations. Attorney Price explained that the construction design would depend on the siting application and that Kendall County has adopted standards for the construction. Mr. DuSell also had questions about the conveyance of the product; would it be exclusive of rail car. Attorney Price explained that there is not railroad tracks to the possible landfill site however the use of railcar is a possibility as long as the waste is containerized. Joann Gilbert asked if the landfill would accept hazardous or solid waste. Attorney Price explained that this would be determined by the siting application. Mr. Schilling noted that in the information he has seen on the design of the facility he would be surprised to see hazardous waste as a criteria. Alderman Burd noted that #7 in the Host Agreement states that Fox Moraine shall not knowingly accept any hazardous waste. Mrs. Gilbert clarified that the property owner files the siting application but he might not necessarily be the operator. Attorney Price stated that this was true. She asked if the property owner's business ethics have been researched. Attorney Price stated that this has been done. Mrs. Gilbert noted that Mr. Hammond has a landfill outside of Plainfield and it is spewing methane gas. Attorney Price noted that if Mr. Hammond is going to be the same operator, this is the type of information to be brought forward at the siting public hearing. Todd Milliron, County resident, stated he objected to the five minute rule because it appears as an opportunity for the City Council to limit the debate. He asked what the qualifications were to be an operator, how one went about getting a license and how long does this process take. Attorney Price explained that several things are looked at in the licensing process such as past record, training, certifications, etc. Mr. Schilling added that there are tests involved, IEPA training, training from other professional agencies, etc. Mr. Milliron asked Attorney Price's opinion as to which one of the Host Agreements, Kendall County's or Yorkville's was more financial favorable to the applicant. Attorney Price asked if this was assuming that they are both recalcitrant and problematic. He stated that the Yorkville agreement asks the operator to pay upfront and as soon as possible. If there is a recalcitrant fight, Yorkville's agreement is a better deal for the City. Wally Werderich, 786 Sunflower Court, noted that the Host Agreement is between the City and Fox Moraine however the annexation agreement is between the City and Northstar Trust. He The Minutes of the Special Meeting of the Citv Council — October 30, 2006 — pa t 77 asked who the beneficiary's of the trust are and who the share holders of Fox Moraine LLC are. Attorney Price stated that he did not know the answer to either question. Randy Scott of 45 Highview Drive congratulated Aldermen Spears and Burd on the meeting. He stated that he lost his rights by being a Kendall County resident. He asked everyone, especially the City Council, to do their homework well and investigate every angle of landfills before making a decision. Deena Schroeder, 18 Cotswold Drive, asked if there was a law which wouldn't allow the landfill within city limits. Attorney Price stated that Kendall County passed an amendment in May 2006 indicating that landfills had to be in an unincorporated area. He stated that one of the criteria in the siting process is that it will be consistent with the Solid Waste Master Plan and it is up to the applicant to prove this. Jerry Deeter, County resident, commented that the land annexed for the landfill seems like a peninsula in the County. He asked if Kendall County residents will have a say in the siting process hearings. Attorney Price stated that where someone lives in immaterial at the public hearings and he briefly explained the process a gain . Mr. Deeter asked if 180 days was sufficient time to go though the process and Attorney Price stated that it was. Mr. Deeter questioned the limit of 1000' in regards to property values. Attorney Price explained that the Host Agreement is a starting point and this distance can be amended. Alderman Spears commented that she felt that the vacation of Sleepy Hollow Road should not have been in the Annexation Agreement. Having this include in the agreement caused the Council to prejudge the property as a landfill. She stated that this should have been a separate issue. She asked Attorney Price what his opinion was on this issue. Attorney Price stated that he respected her perspective on the issue and it was lawful to include the vacation in the agreement. Jenny Lunn, Yorkville resident, asked if traffic was addressed as it takes her 27 minutes to go from the Countryside area to Yorkville Intermediate School in the morning. Attorney Price explained that this is a concern and a traffic study has been requested. Mrs. Lunn asked if anyone could dump in the landfill as long as the fee is paid. Attorney Price explained that there will be a plan for waste acceptance which will check on how things come in to the landfill. She commented that she felt there was a much better use for this land and she suggested the gravel pits in Oswego would be a better location for a landfill. Chris Baldwin, 1520 Foxcroft Drive, commended Alderman Spears for wanting the public to have more than five minutes to speak and he felt those who did not agree with this should be ashamed. He asked Attorney Price who is paying for the experts he has employed. Attorney Price stated that the City is paying for their services until an application is received. He noted that since all the experts are being paid, they should have attended the meeting. Attorney Price stated that this was not the forum for discussions with the experts because no application has been received yet. Mr. Baldwin asked if $10,000.00 would be enough to cover the cost incurred and he asked if it was fair for the Mayor, City Administrator and Director of Public Works to be the judge and jury on problems. Attorney Price explained he thought the people designated for the review team was great and that the $10,000.00 is enough to pay for daily complaints. He stated that he has seen the escrow work well in other instances. Mr. Baldwin asked if the new City Council would have to vote on the application if it occurred after the elections and Mr. Price stated that this was correct. Lori Patten, 279 Windham Circle, asked where the City's water came from. Director of Public Works Dhuse explained that the City has a deep well system and the water comes from an aquifer that begins in Wisconsin. He stated that the City has four wells and is looking to drill a fifth. Ms. Patten asked where the wells were in relation to the annexed property. Director Dhuse explained that the closest well will be on Pavilion Road. She stated that she has been doing research on the internet regarding hazardous wastes and she asked how this would be monitored. Attorney Price explained that there will be both a monitoring and handling program which should be outlined in the siting application. She asked if this would be a private or public landfill. She explained that her research indicated that a public landfill is easier to control whereas a private landfill is predicated on making money. Attorney Price stated that given her definitions, this landfill is neither. Ms. Patten noted that in Indiana where a landfill contaminated the water, potable water was brought in but unfortunately the contamination remained in the ground. Ms. Patten asked for clarification on railroad transport in containers. Attorney Price reiterated the waste would have to be enclosed in a solid container, not one with a canvas top. Alderman Spears noted that there was another meeting scheduled and asked Attorney Price for more information. Attorney Price stated that the next meeting would be on the siting process. He indicated that no date had been set yet. Alderman Spears asked those present to register their I�� i The Minutes of the Special Meeting of the Citv Council — October 30. 2006 — Dage 8 attendance especially if they wish notification of upcoming meetings. She asked Attorney Price to have Dr. Benson in attendance at the next meeting and he said he would do this. ADJOURNMENT Alderman Spears asked if there was a motion to adjourn. So moved by Alderman Burd; seconded by Alderman Bock. - Motion approved by a viva voce vote. Meeting adjourned at 10:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I CITY COUNCIL SPECIAL MEETING October 30, 2006 PLEASE PRINT NAME: ADDRESS: - 24�— �hrislQa��1�i�Y� � saO lo dlr WWI VeAer� cr/ 'j ��9 to �� k-� �1 r i SIGNIN i CITY COUNCIL SPECIAL MEETING October 30, 2006 PLEASE PRINT NAME: ADDRESS: 0 -2 v - V , f C 17t 1S n xl- z� 5Ain, aq C pw --- l Q) Q-C;�(_d 0 U..O U,) C,,, ID L c(Nv� �� G�('dN C� dN cT �� - 1�'7 ��r /Lt.rI�Y• , cl�K- ✓�`��e n i r SIGN G CITY COUNCIL SPECIAL MEETING October 30, 2006 PLEASE PRINT NAME: ADDRESS: y � Z-A 3g7/ qfZ frin i �e. S 71 �eciliar, �7 Z4 Pnl?74 yz pop, 3 6 el / 6�6 W// /-/ A d 6 's4 i(lV- ode /te v c� �✓ /r/L �/�C. ��1 .cf�T� �� .�/Y�c mil f s�.c�� SIGNIN I I i SPECIAL CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on October 30, 2006, at the hour of 7 :00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. I, D- 807506 REPO . COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630-983 -0030 • Fax 630.299.5153 www.depocourt.com 2 1 P R E S E N T: 2 MS. ROSE ANN SPEARS, Acting Chairman; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS, Alderman; i 8 MR. JOSEPH BESCO, Alderman; 9 MR. JAMES BOCK, Alderman; 10 MR. JOHN CROIS, City Administrator; 11 MS. JACQUELYN MILSCHEWSKI, City Clerk. 12 " 13 A P P E A R A N C E S: j 14 MR. JOHN JUSTIN WYETH, appeared on behalf of the United 15 City of Yorkville, Illinois. 16 17 - - - - - 18 19 20 21 22 23 " 24 i Depo Court Reporting Service (630) 983 -0030 i I 3 1 (Pledge of Allegiance) 2 CHAIRMAN SPEARS: The first item 3 will be a public hearing, and I would like to i I 4 entertain a motion for a public hearing regarding 5 General Obligation Refunding Bonds Alternate 6 Revenue Source. 7 MR. LESLIE: So moved. 8 MR. BOCK: Second. 9 CHAIRMAN SPEARS: Okay. And we are 10 now in public hearing. I'm sorry, may we have a 11 roll call vote? 12 MS. MILSCHEWSKI: Besco. 13 MR. BESCO: Aye. 14 MS. MILSCHEWSKI: Leslie. 15 MR. LESLIE: Aye. 16 MS, MILSCHEWSKI: Wolfer. 17 MR. WOLFER: Aye. 18 MS. MILSCHEWSKZ: Munns. 19 MR. MUNNS: Aye. 20 MS, MILSCHEWSKI: Burd. 21 MS. SURD: Aye. 22 MS. MILSCHEWSKI: Spears. 23 MS. SPEARS: Aye. 24 MS. MILSCHEWSKI: Bock. Depo Court Reporting Service (630) 983 -0030 4 1 MR. BOCK: Aye. 2 CHAIRMAN SPEARS: Okay. Now we are 3 in public hearing, and I'd like to know if 4 anybody would like to address the Council. Okay. 5 We also have Kevin McCanna from Spear Financial. 6 WHEREUPON: 1 7 KEVIN McCANNA, 8 testified before the Yorkville City Council as 9 follows: 10 MR. McCANNA: Good evening. I think 11 you are aware that these bonds are being 12 authorized. 13 CHAIRMAN SPEARS: These bonds are j 14 being authorized to refund debt certificates and 15 the idea is to issue up to six million dollars of 16 alternate revenue bonds to refund the comparable 17 amount of debt certificates. 18 It appears that we'll probably 19 issue about three million dollars of bonds to 20 refund about three million dollars of debt i 21 certificates. The savings is expected to be 22 approximately $100,000 on the alternate bonds. 23 In addition, there will be some 24 debt certificates sold at the same time, about Depo Court Reporting Service (630) 963 -0030 5 1 five million dollars, which will save about 2 another $250,000. 3 Does anybody on the Council have any ny questions. i 5 (No Response) 6 CHAIRMAN SPEARS: Okay. I would 7 like to entertain a motion to go out of public 8 hearing. 9 MR. LESLIE: So moved. 10 MR. WOLFER: Second. 11 CHAIRMAN SPEARS: Roll call, please? 12 MS. MILSCHEWSKI: Leslie. i 13 MR. LESLIE: Aye. i I I 14 MS. MILSCHEWSKI: Wolfer. 15 MR, WOLFER: Aye. 16 MS. MILSCHEWSKI: Munns. 17 MR. MUNNS: Aye. 18 MS. MILSCHEWSKI: Burd. 19 MS. BURD: Aye. 20 MS. MILSCHEWSKI: Spears. 21 MS. SPEARS: Aye. 22 MS. MILSCHEWSKI: Bock. 23 MR. BOCK: Aye. 24 MS. MILSCHEWSKI: Besco. Depo Court Reporting Service (630) 983 -0030 6 1 MR. BISCO: Aye. 2 (Which were all the 3 proceedings had in 4 the public hearing.) 5 --- 000 - -- 6 7 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 7 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified b Shorthand Reporter doing business in the State of c P 7 Illinois; R i 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing. I 14 IN WITNESS WHEREOF I have hereunto set j 15 .Triy d this ay of 1/27 16 2006. 17 18 19 20 CHRISTINE M. VITOSH, C.S.R. 21 CSR License No. 084- 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 i $100,000 4:22, 4:22 five 5:1 $250,000 5:2, 5:2 follows 4:9 < M > --- o00 - -- 6:5 < C > foregoing 7:11, 7:12 M. 1:8, 7:6, 7:23 084 - 002883 7:24 C.S.R. 1:8, 7:23 MARTY 2:7 2006.7:18 call 3:11, 5:11 matter 1:7 7:00 1:9, 1:9 certificates 4:14, < G > Mccanna 4:5, 4:7, 800 1:9 4:17, 4:21, 4:24 Game 1:9 4:10 Certified 7:7 General 3:5 MEETING 1:1, 1:6 CHAIRMAN 2 :2, 3:2, million 4:15, 4:19, <A> 3:9, 4:2, 4 :13, 5:6, 4:20, 5:1 above- entitled 1:7 5:11 < H > MILSCHEWSKI 2 :11, Acting 2:2 CHRISTINE 1:8, 7:6, hand 7:17 3:12, 3 :14, 3 :16, w addition 4:23 7:23 hearing 3:3, 3:4, 3:18, 3:20, 3:22, address 4:4 City 1:1, 1 :2, 1:10, 3:10, 4:3, 5:8, 7:11, 3:24, 5:12, 5:14, Administrator 2:10 2:10, 2 :11, 2 :16, 4:8 7:15 5 :16, 5 :18, 5:20, aforesaid 7:14 Clerk 2:11 hearing. 6:4 5:22, 5:24 Alderman 2:3, 2:4, comparable 4:16 hereunto 7:16 motion 3:4, 5:7 2 :6, 2 :7, 2 :8, 2:9 contains 7:14 hour 1 :9 moved 3:7, 5:9 Alderwoman 2:5 correct 7:13 MS 2:2, 2:5, 2:11, Allegiance 3:1 Council 1:1, 4:4, 4:8, 3:12, 3:14,3:16, Alternate 3:5, 4:16, 5:3 < I > 3:18,3:20, 3 :21, 4:22 COUNTY 7:3 idea 4:15 3:22, 3:23, 3 :24, amount 4:17 CROIS 2:10 Illinois 1:2, 1:10, 5:12, 5:14, 5:16, ANN 2:2 CSR 7:24 2:16,7:1, 7:9 5:18, 5:19, 5:20, anybody 4:4, 5:3 issue 4:15, 4:19 5:21, 5:22, 5:24 appeared 2 :15 item 3:2 MUNNS 2:7, 3:18, appears 4:18 < D > 3:19, 5 :16, 5:17 approximately 4 :22 D- 807506 1:24 authorized 4:12, day 7:17 < J > 4:14 DEAN 2:6 JACQUELYN 2:11 < N > aware 4:11 debt 4:14, 4:17, JAMES 2 :3, 2:9 No. 7:24 Aye 3:13, 3:15, 3:17, 4:20, 4:24 JASON 2 :4 notes 7:13 3:19, 3:21, 3:23, 4:1, doing 7:8 JOHN 2 :10, 2:14 5:13, 5:15,5:17, dollars 4:15, 4:19, JOSEPH 2:8 5:19, 5:21, 5:23,6:1 4:20,5:1 JUSTIN 2:14 < O > duly 7:6 oath 7:7 Obligation 3 :5 f < B > < K > Okay 3:9,4:2, 4:4, behalf 2 :15 < E > KEVIN 4:5, 4:7 5:6 BESCO 2:8, 3:12, entertain 3:4, 5:7 3:13, 5:24,61 evening 4:10 BOCK 2:9, 3 :8, 3:24, expected 4 :21 <L> < P > 4:1, 5:22, 5:23 LASALLE 7:3 P.M. 1:9 Bonds 3:5, 4:11, LESLIE 2:4, 3:7, PAUL 2:3 4:13, 4:16, 4:19,4:22 < F > 3:14,3:15, 5:9,5:12, please 5:11 KURD 2:5, 3:20, Farm 1:9 5:13 Pledge 3:1 j 3:21, 5:18, 5:19 Financial 4:5 License 7:24 probably 4:18 business 7:8 first 3:2, 7:6 PROCEEDINGS 1:6, I 6:3, 7:11, 7:15 <T> public 3:3, 3:4, 3:10, testified 4:8 4:3, 5:7, 6:4, 7:11, three 4:19, 4:20 7:15 transcript 7:13 true 7:12 <Q> questions 5:4 < U > United 1:2, 2:15 <R> refund 4:14, 4:16, < V > 4:20 VALERIE 2:5 Refunding 3:5 VITOSH 1:8, 7:6, regarding 3:4 7:23 REPORT 1:6 vote 3:11 reported 7:10 I Reporter 7:8 Response 5:5 < W > Revenue 3:6, 4 :16 WHEREOF 7:16 Road 1:9 WHEREUPON 4:6 Roll 3:11, 5:11 will 3 :3, 4:23, 5:1 ROSE 2 :2 WITNESS 7:16 WOLFER 2:6, 3:16, 3:17, 5:10,5:14, 5 :15 < S > WYETH 2:14 save 5:1 savings 4:21 says 7:7 <Y> Second 3:8, 5:10 Yorkville 1:2, 1:10, set 7:16 2:16,4:8 Shorthand 7:8, 7:10, 7:13 six 4 :15 < Dates > sold 4:24 october 30, 2006 sorry 3:10 1:8, 1:8, 1 :8 Source 3:6 Spear 4:5 SPEARS 2:2, 3:2, 3:9, 3:22, 3:23, 4:2, 4:13, 5:6,5:11, 5:20, 5:21 SPECIAL 1:1 ss 7:2 State 7:1, 7:8 sworn 7:7 I HOST AGREEMENT SFFNG PROCESS QUEST�ONS FROM PUBUC L - �,,ropobgy and Geobgy trate &tmg Process Fox MoraJne property has been consJdered for over 10 years o Expbred �n 1993 County SWMV P County Amendments to Ran Move frolm Transfer Statoons to Consoderatuon of Landfills o o c ook Consequences for Cott' Lesson of Me-nards and PNA o Benefits / Burdens 0 Conditions D C ontro0s o anagoc g potento�a jompacts on other units of government • Fire District • Sc hoo0s • Neighboring municipaJotoos • County . rit :J4 Yf PRELIM17 :sue Review no update s'tthg 000 o Assembo team of experts NegotQate Host Agreement Prepare for root of process 'room LEI o o00 o0 - 177 years of soNd waste management °xpenence ° Exocutovo Drector for 13 years for the a authoroty o on Hflnoos D'Tectod the development of a hand oal and two transfer stafoons ° Prov'dded consuffincg seMces on the dovoJopmont of poflutoon control facHotoos throughout the CNcago are ° Consu�tong work also 'McUes spocoaHzed sorvocos to o�� , U ' bca0 governments on a 6 aspecis soHd waste sorvocos n I RE � g Assocate Chaor for Envy ronmenta0 co enco and Eng'Meer'Mg, Dept. of CMS t -y and Envoronmenta0 Engonoer n , Consuu t0d on more than 80 projects for rr government ernment anal ondustr 'M the UJ � n'tte S tates and abroad �/ ConsuK ncg work once udes spec' ty dosogn and ana�ys0s, poor rovoc w, prototype and fie d tost�ng of new took noDog oes, f orenso c eng i o, p ring, an Ro gatoon support City's - ten � S S chflHn go, 0 15 yeses of soHd waste management Toohn0ca0 revQe s for 17 land fls provode d toc hnic d oxpoffso oM 7 bcaa hand H sothg proposals o Qssostod on the deve opment of 19 SoHd Waste Management Raps in 1 HHnois Uoonsed Procossbnd Engone n ow am Traffic �mpact Ana�ys�s Expert over 25 years of transportation p�annong experience © Member, American �nstituto of Cortocood Rannors 0 Licensed Procossoona� Engineer Poflut0on Contrd Fadity siting -- experience L ��i��eanna Enterpmses Deco (ED) City Staff AUREEMV EMU coca 39.2 Mended to set stage oor poff',catbn On opportum'ty to dscuss 0 oot0000 of 000t con0000roton of 0000n00 Condtbns (respons'We to pubHc, t to 000noo sUH 00000 Do o nu C ^Coco terms for each pro�ect ircumstancc00 00000 pr'oorotJes Mv000 oG (broad, 0ox000 oo 000Qtoo G� G V. ReguDatory (s terms and flnes, deNterate **Fox H ®rraons 4 V®rrkMfle Agreement e aH obHgai ors under agreement terrmonate after Dandf !H ceases acceptance of waste. FA P0an affective untH FM "conc�udss its post- COMPARISON OF KENDALL COUNTY AND CITY \HOST obligations ////// Kendall Couri{v City of Yorkville Commerl Ij li ('(� Ca re"" 9 ® yea rs §1.4. Expiration Date This Agreement shall expire 30 years from and after S. TERM OF AGREEMENT This Agreement 'Kendall Only Agreement specifies ongoing ® s u LI IJ e" the date of closure of the Landfill, as certified by the IEPA ( "Final Closure'), commences on the Effective Date and shall oblf g � Pe rah res ct to environmental presuming siting approval and environmental permitting has been achieved and remain in force and effect unfit the Landfill ceases protection IEPA certifies Final Closure, " a ? r � a n Gill n fl � � c (sas as the Landfill becomes operational, except that the operative effect of the to operate ('Expiration Date ") "Fox MorainefYorkille Agreement - ail S following Sections shall continue beyond Final Closure: Obligations under agreement terminate after SeetionfArlfele Description ierdii8 caasC3 acceptance 04 waste. 1 General §3 §3.1 Operations] Commitment I �( C9.111 Il �Uf (f v C9d lh §32 Transfer Request §3.3 Performance Commitment §3.6 - Operator Pledge §4.3 Community Relations /Complaint Resolution pJ/ ,� rL !/'1115 C4.1 V'-r uJ lu1 nr1, fit ('�j 1 f (excluding maintenance of a Landfill Web Site) V {/ �\ 5 r� 51 (��'1 r'✓nt lS §4.6 Siting Conditions but only to e xtent, uired by their terms, lJ `l LI Ll LI u V continued compliance is required after certified Final Closure $4.7 County Access and Inspection Rights §5.1 Compliance §5.2.2 Performance Standard related to transfer of ownership §5.2.4 Performance Standard as related only to development and implementation of corrective measures plan, but excluding compliance monitoring (unless compliance monitoring is required by IEPA after certified Final Closure) §52.5 Performance Standard as related only to a confirmed release to groundwater §5.2.7 Performance Standard related to the illegal discharge of leachate §5.2.8 Performance Standard as related only to undertaking excavations in, or around, the Landfill §5.2.11 Performance Standard related to excavation or relocation of waste §5:2.20 Performance Standard related to nuisance odors §5.2.21 Performance Standard related to maintenance of final cover §5.3 Enforcement (all subsections) §5.4 Indemnification §5.5 Third Party Claims 55.6 Retention of Counsel; Settlement - Fox Moraine I YorkvoHe Agreement as sHent uMth respect to transfer of 66 ownerrsHp" of Danduof0 gas and operraUonaa rresponsoC flty for the Dandfl00 gads management system. [FALSE "No t ransfer of an owuner ship or other onter sz ors the Lan�RH y L Kendall Co." jy Clty of Yorkville 6omments _ may he made 0 ❑ ❑ vs � lS 11 IJ o u lS §5.7 a Insurance (excluding pollution liability insurance rL.f� and subject to the terms of the Lease between the the p r j j ©r n .s r'P � 5 ry e n a p ('fll roil a County and Waste Management Illinois) 1..,( L 4J (1 11 IJ V� f1 1515 !1 11 C4.1 �NJ 11 V C9.1 §7.2 County lease of Property after closure Article 8 Default And Remedies 9 Article 9 Miscellaneous ©f � h e ( OK y §2.17. "Landfill gas collection system" refers to the portion of the landfill gas Fox MorairioNorkville Agreement i3 siient with 'Kendall County Agreement defines landfill gas management system that collects the landfill gas generated within the Landfill In respect to transfat of "ownership' of landfil! gas as "property" the transfer of which is treated as a the process of the decomposition of the material deposited therein and delivers and operationai responsibility for the iaridfili gas 'transfer request' subject to County Board same to (a) a landfill gas disposal system or (b) a landfill gas recovery system. maoagement sys._m. approval under § 3.2 (Transfer Request). This n fl �C� /7 Gl §3.1. Operational Commitment. Waste Management Illinois commits that it provision is intended to protect against transfer of f U l IJ % 2 LI will be the sole operator of the Landfill and Landfill Gas Management System ope ration of the landfill gas management system and will not transfer ownership of the Property (upon conveyance of the to third party that is more interested in making Property to k by KLC) or assign its rights and obligations to operate the Landfill money from the gas than protecting the or any operations related to the Landfill, including the Landfill Gas Management environment and public health. System or any component thereof, without the written approval of the Board. §5.2.6. Fail to operate the landfill gas management system in accordance with Section 5.2.6 details Countys specific concems. IEPA permits, including, by way of example: () allowing oxygen intrusion above The allowance of oxygen intrusion above applicable regulatory standards; (ii) failing to regularly monitor the integrity of applicable regulatory standards has the potential landfill gas collection wells and undertake necessary repairs or replacement of to cause a fire inside a landfill. This is a very _ -- - - - - -- - _ - _ compromised wells; (in) allowing water or leachate from the wells to accumulate serious problem. A third party that "owns" the in a way that compromises a well or causes landfill gas to migrate into existing landfill gas is primarily concerned about drawing and/or future structures outside the boundaries of the Property. enough gas to operate turbines and generate electricity. Drawing too hard on the gas collection system may cause oxygen intrusion above safe levels and runs the risk of starting a fire deep inside the landfill. §3.4. Minimum Guaranteed Payment Upon commencement of Landfill Fox Moraine/Yorkville Agreement is silent. "Kendall County Agreement guarantees a operations, as more specifically detailed in §6.2 of this Agreement, Waste minimum annual payment. -Fox Management Illinois guarantees that the County will receive a minimum annual Moraine/Yorkville Agreement does not contain a host fee that equates to one million tons of waste per year. In addition to host minimum annual payment. Kendall County is fees, Waste Management Illinois also guarantees lump sum payments to the guaranteed to receive on the order of $4,000,000 County as further delineated in §6.3. a year in host fees. Fox Moraine has made no such guarantee to Yorkville. 2 *Kendall County Agreement guarantees a mWmum annuaa payment. **Fox Moraon9 York -vffle Agreement does not aortae n a mWmum annua0 payment. ent. DON T RECOMMEND ao2s or orders of any lgovsrnmsnta0 snUty o o e or Kendall Countyy Cltv of Yorkville Comments .rL ,rL §5.7 a Insurance (excluding pollution liability insurance a ny g o Os f P' t'fil fKY�I s n 1 r 31 � gal c r � o I'�il and subject to the terms of the Lease between the a ny V fl IJ IJ 11 ll ll fl Il eb(fll Ql is Il IJ County and Waste Management Illinois) tt §7.2 County lease a Property after closure {'r h ash p fps p e n t tc 1,� �1 � � from ffi fit Article 8 Default And Remedies �l � ll �t prevents o- J J Il ll 11 11 Article 9 Miscellaneous §2.17. "Landfill gas collection system refers to the portion of the landfill gas Fox Moraine/Yorkville Agreement is \silwtwi\ - Kendall County Agreement defines landfill gas �' management system that collects the landfill gas generated within the Landfill in respect to transfer of "ownership" of landfill gas as "property" the transfer of which is treated as a the process of the decomposition of the material deposited therein and delivers and operational responsibility for the landfill gas ransfer requesr subject to County Board same to (a) a landfill gas disposal system or (b) a landfill gas recovery system. management system. a roval under § 3.2 (Transfer Request). This p g �a n t e s c v s � n c [ (1 p �� iV-.1 n g, new §3.1. Operational Commitment. Waste Management Illinois commits that ft pr vision is intended to protect against. transfer of Ql Il Il Il lJ ls J will be the sole operator of the landfill and Landfill Gas Management System 0 lion of the landfill gas management system and will not transfer ownership of the Property (upon conveyance of the to a ird party that is more interested in making 99 Property to it by KLC) or assign its rights and obligations to operate the Landfill moos from the gas than protecting the�� or any operations related to the Landfill, including the Landfill Gas Management environ ent and public health. System or any component thereof, without the written approval of the Board. p §5.2.6. Fail to operate the landfill gas management system in accordance with Section 5. 6 details County's specific concerns. * V-� �O u �i j/ '2'1 ® � h C9d 11 Il e IJ Il ll Il ll l; 11 n s m ©n � y�© r J IEPA permits, including, by way of example: (t) allowing oxygen intrusion above The allow ce of oxygen intrusion above �J t`/ �/ applicable regulatory standards; (ii) failing to regularly monitor the integrity of applicable se ulatory standards has the potential landfill gas collection wells and undertake necessary repairs or replacement of to cause a fir inside a landfill. This is a very compromised wells; (ili) allowing water or leachate from the wells to accumulate serious proble A third party that ° owns" the in a way that compromises a well or rouses landfill gas to migrate into existing landfill gas is pr adly concerned about drawing n I^ �� 5l y`� and/or future structures outside the boundaries of the Property. enough gas to erate turbines and generate 11 cl /� � e Il lJ IJ Il (Yi1 Il td a lr, electricity. Drawin too hard on the gas collection system may cause xygen intrusion above safe levels and runs the isk of starting a fire deep inside the landfill. * B Ott l s D §3A. Minimum Guaranteed Payment. Upon commencement of Landfill Fox MoraindYorkvilie Agreement is silent. 'Kendall County Agreement guarantees a operations, as more specifically detailed in §6.2 of this Agreement, Waste minlrnum annual payment. ^F ox Management Illinois guarantees that the County will receive a minimum annual Moraine/Vorkville Agreement does not contain a host fee that equates to one million tons of waste per year. In addition to host minimum annual payment. Kendall County is fees, Waste Management Illinois also guarantees lump sum payments to the guaranteed to receive on the order of $4,000,000 County as further delineated in §6.3. a year in host fees. Fox Moraine has made no - such guarantee. to Yorkville. 2 E Waste Stream Commitment: IPrroAded so'Ung for the service area d1esognated on the S)Mng Applicait n has been obtained, Wfflaste Management lfflnoos guarantees that oft !., has du0y executed contracts for the dosposa0 of wA astte at the Landfill M the amount of at least one mulloon tors of waste upon commencement of operraUonso Kendall County / City of Yorkville Comments - t1A ')\,II n f "per � \J`/ 8 a r�� `� §3.5. Waste Stream Commitment. Provided siting for tiba sary ce area Fox Momine/Yorkville Agreement is silent. 'Kendall County Agreement represents that UU IJ V lS IJ das;gratad In the Siting Applicabam has tieen eblainad, Waste Maltagemant guaranteed volume is already under contract. The Illinois guarantees that it has duly Vxecmed contra for tine disposal of waste County is notjust relying on the promise by Waste at the Landfill in the amount of at least nee million tons of waste upon Management Illinois to deliver 1 million tons a ° ca'emc;ncementufoperat:. ^rs year. Waste Management Illinois represents it �➢ Hau f ing c®ntracts �n already has under contract 1 million tons of waste that can be delivered to the Landfill. Contrast this With a landfill built on speculation — the applicant � assumes haulers will deliver waste to the landfill. This provision ensures that the Landfill will be economically viable. "Fox MorainefYorkvil[e Agreement does not identify where the waste to be disposed of at the landfill will come from. §3.8. Property Value Guarantee and Well Testing Program. In orderto assure 12. PROPERTY VALUE GUARANTEE Fox 'Kendall County Agreement designates property that properties in close proximity to the Landfill are protected against their Moraine, LLC agrees to provide a property value owners as Third Party Beneficiaries — meaning values being detrimentally impacted by the landfill, Waste Management Illinois protection plan to owners of residential properties they can enforce the Property Value Protection agrees to offer Property Value Guarantees, in the farm of Attachment B hereof, with lot lines located within one thousand (1,000) and Alternative Water Supply Agreements B and to all owners of property located within 1 mile of the Landfill footprint (the area feet of the lot lines of the Property, said program C directly against Waste Management Illinois. where waste will be deposited), within thirty (30) days of [EPA issuing a to be described as the "Residential Property Note Property Value Guarantee Agreement in the development permit for the Landfill. Notice shall be delivered to the property Value Protection Plan" set forth in Attachment B Kendall County Agreement extends 1 mile; the owners of record in the form provided in Attachment BA. In addition, Waste and hereby incorporated by reference herein. Property Value Guarantee In the Fox Management Illinois agrees to fully comply with the Domestic Well Protection 13. GROUNDWATER PROTECTION Fox MorainefYorkvilie Agreement extends only 1000 Agreement that is attached hereto as Attachment C. Both Attachments B and C Moraine, LLC agrees to provide a groundwater feet. are incorporated herein and made a part hereof by reference. protection plan to owners of residences located Note Groundwater Protection Agreement in the §9.9. No Third -Party Beneficiaries. With the exception of §§3.8 (Property within one thousand (1,000) feet of the Property, Kendall County Agreement extends 1.5 miles; the value Guarantee and Well Testing Program) and 5.5 (Third Party Claims), said program to be described as the Groundwater Protection Agreement in the Fox nothing in this Agreement, whether expressed or implied, is intended to confer "Groundwater Protection Plan" set forth in MorainefYorkville Agreement extends only 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C and incorporated by reference feet. entities other than the parties and their respective successors and assigns, nor herein. shall any provision give arty third persons or entities any right or rights of action against any party to this Agreement. Fox Moraineryorkville Agreement does not give property owners the right to independently enforce the Property Value Guarantee and Alternative Water Supply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox Moraine/Yorkville Agreement is silent. 'Kendall County Agreement utilizes the Internet orentine Sitino Approval for the Landfill, with or without conditions, and, to ensure that the Landfill operates with complete 3 'For, MoraineNorkAfle Agreement floes not odentofy vvhere the waste to be ldosposed of at the hand H wa M come from. " HaKharr 10085 County. Kendall County Citv of Yorkville Core is _ V L� u ire t h s " a s `v s C omes §3.5. Waste S m Commitment. Provided siting for the service area Fox Moraine/Yorkville Agreement is silent. 'Ken a County Agreement represents that designated in the Siting Application has been obtained, Waste Management guarante volume is already under contract The F Illinois guarantees that it has duly executed contracts for the disposal of waste County is n tjust relying on the promise by Waste //� ^„ cs n g �� I U' (B u ,% u a[ the Landfill in the amount of at least one million tons of waste upon Management Illinois to deliver 1 million tons a commencement of operations. year. Waste anagement Illinois represents it already has and contract 1 million tons of waste b e °� r u u aj C�1 p p f l c CQI 11 IJ �� n e that can be dative d to the Landfill. Contrast this u U"1 I with a landfill built speculation — the applicant assumes haulers will eliver waste to the landfill. This provision ensure that the Landfill will be Agreement viable. "Fox M t r elYork to �� fI ®� (a ct O,f2 Agreement t does not nll rim where the waste s fG. L I IJ r be disfxc�^d of at the landfidnll will = €mm. §3.8. Property Value Guarantee and Well Testing Program. In order to assure 12. PROPERTY VALUE GUARANTEE Fox 'Kendall County Agreement designates property that properties in close proximity to the Landfill am protected against their Moraine, LLC agrees to provide a property value owners as Third Party Beneficiaries — meaning O values being detrimentally impacted by the Landfill, Waste Management Illinois protection plan to owners of residential properties they can enforce the Property Value Protection agrees to offer Property Value Guarantees, In the form of Attachment B hereof, with lot lines located within one thousand (1,000) and Altemative Water Supply Agreements B and to all owners of property located within 1 mile of the Landfill footprint (the area feet of the lot lines of the Properly, said program C directly against Waste Management Illinois. where waste will be deposited), within thirty (30) days of IEPA issuing a to be described as the "Residential Property Note Property Value Guarantee Agreement in the development permit for the Landfill. Notice shall be delivered to the property Value Protection Plan' set forth in Attachment B Kendall County Agreement extends 1 mile; the owners of record in the form provided in Attachment B,1. In addition, Waste and hereby incorporated by reference herein. Property Value Guarantee in the Fox Management Illinois agrees to fully comply with the Domestic Well Protection 13. GROUNDWATER PROTECTION Fox MorainefYorkvilie Agreement extends only 1000 Agreement that is attached hereto as Attachment C. Both Attachments Band C Moraine, LLC agrees to provide a groundwater feet are incorporated herein and made a part hereof by reference. protection plan to owners of residences located Note Groundwater Protection Agreement in the 59.9. No Third -Party Beneficiaries. With the exception of §§3.8 (Property within one thousand (1,000) feet of the Property, Kendall County Agreement extends 1.5 miles; the Value Guarantee and Well Tesfing Program) and 5.5 (Third Party Claims), said program to be described as the Groundwater Protection Agreement in the Fox nothing in this Agreement, whether expressed or implied, is intended to confer "Groundwater Protection Plan" set forth in MoraineNorkville Agreement extends only 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C and incorporated by reference feet. entities other than the parties and their respective successors and assigns, nor herein. - shall any provision give any third persons or entities any right or rights of action against any parry to this Agreement. Fox MorainsfYorkville Agreement does not give property owners the right to independently enforce the Property Value Guarantee and Alternative Water Supply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox MominefYorkville Agreement is silent. 'Kendall County Agreement utilizes the internet omminq Sitinq Approval for the Landfill. with or without conditions, and to ensure that the Landfill operates with complete . 3 r i 1 Waste Management flHn®0s agrees t® offer Property Va�ue Guarantees, fin the foam of Attachment 3 hereof, t© aH owners ®v property hoc ated vny0tN n I mHe of the LandfM f ®® pftt (the area where jIyaSte v 00l be deposRed), evRNn tHr ty (30) gays of UEFA 0ssuo ng a development perrm 2 for the L�r� ®��0000 7 Vfi NQ M THE KEY (not distance ucy 0wr\ n er s at time of appflcaftn Kend C all Cpyra�y ' of Yorkville Comments §3.5. Wasfte SStream Comm'dmenL Provided siting for the service area Fe Momine/Yorkville Agreement is silent. `Kendall County Agreement represents that designated in the Siting Application has been obtained, Waste Management guaranteed volume is already under contract. The W OM 0 0�� t ime (of guarantees that it has duly executed contracts for the disposal of waste County is not just relying on the promise by Waste at the Landfill in the amount of at least one million tons of waste upon Management Illinois to deliver 1 million tons a commencement of operations. year. Waste Management Illinois represents it - already has tend 1 million tons of waste ^ that can be delivered to the Landfill. Contrast this P la f IJ 11 Ll �,l with a landfill built on speculation — the applicant assumes haulers will deliver waste to the landfill. This provision ensures that the Landfill will be economically viable. ""Fox disposed Merei waste to [Evidence. (r1i � � ^ ° A e does not identify where the the waste to S laa� (c l be disposed d of at the landfill will come from. §3.8. Property Value Guarantee and Well Testing Program. In order to Ossure 12. PROPERTY VALUE GUARANTEE Fox 'Kendall County Agreement desi nates roperty A men n �j, that properties in close proximity to the landfill are protected againjIt their Moraine, LLC agrees to provide a property value owners as Third Party Beneficiaries — meaning C O can A � IJ u e rl tJ values being detrimentally impacted by the Landfill, Waste M na ement Ii hi=ts protection plan to owners of residential properties they can enforce the Properly Value Protection agruos to Offer Property Value Guarantees, in the form of Attachment 3 hereof, with lot lines located within one thousand (1,000) and Alternative Water Supply Agreements B and ppp to aft owners of property iocatcd within 1 Milo cf the Landffil footprint (:he s a n he area feet of the lot lines of the Property, said program C directly against Waste Management Illinois. (t k e s when, waste will be deposited), within thirty (3 0) days of IEPA issuing a to be described as the "Residential Property Note Property Value Guarantee Agreement in the l development pe-mit for the '_andal. Notice shall be delivered to the property Value Protection Plan" set forth in Attachment B Kendall County Agreement extends 1 mite; the , owners of record in the form provided in Attachment B.I. In addition, Waste and hereby incorporated by reference herein. Property Value Guarantee in the Fox Management Illinois agrees to fully comply with the Domestic Well Protection 13. GROUNDWATER PROTECTION Fox MorainelYorkvilla Agreement extends only 1000 Agreement that is attached herein as Attachment C. Both Attachments B and C Moraine, LLC agrees to provide a groundwater feet are incorporated herein and made a part hereof by reference. protection plan to owners of residences located Note Groundwater Protection Agreement in the 59.9. No Third -Party Beneficiaries. With the exception of §§3.8 (Property within one thousand (1,000) feet of the Property, Kendall County Agreement extends 1.5 miles; the Value Guarantee and Waif Testing Program) and 5.5 (Third Party Claims), said program to be described as the Groundwater Protection Agreement in the FOX nothing in this Agreement, whether expressed or implied, is intended to confer 'Groundwater Protection Plan" set forth in Moraine/Yorkville Agreement extends only 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C and incorporated by reference feet. entitfes other than the parties and their respective successors and assigns, nor herein. shall any provision give any third persons or entities any right or rights of action against any party to this Agreement. Fox MominefYorkville Agreement does not give property owners the right to independently enforce the Property Value Guarantee and Alternative Water Supply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox MorainelYorinrille Agreement is silent. ' Kondall County Agreement utilizes the Internet arantine Siting Approval for the Landfill, with or without conditions, and to ensure that the Landfill operates with complete. 3 Note Groundbwaterr Flrrotec Uon Agreement M the KendaH County Agreement extends 1.5 moles; the Ground wa aterr PrrotecUon Agreement on the Fox H oraMe/Y®rrl vMe Agreement extends oMy 1000 feet. oU DEH Qnot dso anc ec 7ha Act Mr sally Covers AN Mss a nc es QVbb UC Y proper t "y Boundary. No qusstoons asks ; Kendall County Citv of Yorkville Comments §3.5. Waste Shuarn Commitment. Provided siting for the service area Fox Moraine/Yorkville Agreement is sile 'Kendall County Agreement represents that ° r �n f designated in the Siting Application has been obtained, Waste Management guaranteed volume is already under contract The c o 11 ('ry� 11 t � !l u u ss fo 3 0 years ll s Illinois guarantees that it has duty executed contracts for the disposal of waste County is n.tju. relying on the promise by Waste �l at the Landfill In the amount of at least one million tons of waste upon Management Illinois to deliver 1 million tons a �L commencement of operations. year. Waste Management Illinois represents it �j 1 r� I'll �lj /c � n e operation f f1l already has under contract 1 million tons of waste a l,.,l ll C9.1 �J l% ll (1 that can be delivered to the Landfill. Contrast this with a landfill built on speculation — the applicant ssumes haulers will deliver waste to the landfill. is provision ensures that the Landfill will be r! ec nominally viable. -*Fox MorainefYorkville �Alq o U u u f��j u Rs acts° Ag ment does not identify where the waste to be di osed of at the landfill. will come from. l must , 1 rL r �j for §3.8. Property Value Guarantee and Well Testing Program. In order to assure 12. PROPERTY VALUE GUARANTEE Fox 'Ken \1ve ty Agreement designates property Ov§ � LI e LI Iy IJ 11 IJ u s lr, pay o r� that properties in close proximity to the Landfill are protected against their Moraine, LLC agrees to provide a property value ownerrd Party Beneficiaries — meaning values being detrimentally Impacted by the landfill, Waste Management Illinois protection plan to owners of residential properties they crce the Property Value Protection ys �O _ n o ° agrees to offer Property Value Guarantees, in the form of Attachment B hereof, with lot lines located within one thousand (1,000) and Al Water Supply Agreements B and (! 1 IIJJ to all owners of p roperty located within 1 mile of the Landfill footprint (the area feet of the lot lines of the Properly, said program C direst Waste Management Illinois waste will be deposited), within thirty (30) days of IEPA issuing a to be described as the "Residential Property Note Value Guarantee Agreement in the development permit for the Landfill. Notice shall be delivered to the property Value Protection Plan" set forth in Attachment B KendaAgreement extends t mile; the l � ° ° owners of record in the form provided in Attachment 8.1. In addition, Waste and hereby incorporated by reference herein. Proper Guarantee in tare Fox o I, JJ � � � o ends w � ° � h a Ct i ve Management Illinois agrees to fully comply with the Domestic Wall Protection 13. GROUNDWATER PROTECTION Fox Moraiil Agreement extends only 1000 11` 9 Agreement that is attached hereto as Attachment C. Both Attachments B and C Moraine, LLC agrees to provide a groundwater feet. i Ile Incorporated herein and made a part hereof by reference. protection plan to owners of residences located Nets Groundwater Proter:EOn Agreernenl ir: O.c o n fpa ®n ° §9.9. No Third -Party Beneficiaries. With the exception of § §3.8 (Property within one thousand (1,000) feet of the Property, Kendal! County Agreement extends 1.5 miles; the lc lJ Value Guarantee and Well Testing Program) and 5.5 (Third Party Claim), said program to be described as the Gmun:W ;ter P i Mention Agreement In the Fox nothing in this Agreement, whether expressed or implied, is intended to confer "Groundwater Protection Plan" set forth in MoralneNgrkvilfe Agreement extends c_nly 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C and incorporated by reference inset. entities other than the parties and their respective successors and assigns, nor herein. shall any provision give any third persons or entities any right or rights of action against any party to this Agreement. Fox MorainelYorkville Agreement does not give property owners the right to independently enforce the Property Value Guarantee and Alternative Water Supply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox MoralneNorkvi0e Agreement is silent. 'Kendall County Agreement utilizes the internet granfinq Sitinq Approval for the Landfill, with or without conditions, and to ensure that the Landfill operates with complete 3 Fox MorraMeNorkville Agreement does not gove property muoynerrs the rroght to Mepends Uy enforce the Property j prop ° rte �o propor�y Protection Man Qsogn 4 p� . Kendall County Citv of Yorl�ille Comments l L� �v� $$ ® 63.5. Waste S am Commitment. Provided siting for the service area Fox Morainelorkville Agreement is silent. 'Kendall County Agreement represents that lS designated in the Siting Application has been obtained, Waste Management guaranteed volume is already under contract. The Illinois guarantees that it has duly executed contracts for the disposal of waste County is notjust relying on the promise by Waste (( �� u O r VL L w Il I1 e IJ o at the Landfill in the amount of at least one million tons of waste upon Management Illinois to deliver 1 million tons a L Q o commencement of operations. year. Waste Management Illinois represents it already has under contract 1 million tons of waste rL .rL that can be delivered to the Landfill. Contrast this vs aj '1 r e r— n O s u�} r l6 n e a d e d o with a landfill built on speculation —the applicant C4.1 LS I1 I7 ll Q `s assumes haulers will deliver waste to the landfill This provision ensures that the Landfill will be economically viable, ""Fox MominefYorkville Agreement does not identify where the waste to be disposed of at the landfill will come from. + §3.8. Property Value Guarantee and Well Testing Program. In order to assure 12. PROPER`' VALUE GUARANTEE Fox 'Kendall County Agreement designates property that properties in close proximity to the Landfill are protected against their Moraine, LLC at roes to provide a property value owners as Third Party Beneficiaries — meaning _ ve lues. being detrimentally impacted by the Landfill, Waste Management Illinois protection plan t� owners of residential properties they can enforce the Property Value Protection _ agrees to offer Property Value Guarantees, in the form of Attachment B hereof, with lot lines loc ded within one thousand (1,000) and Alternative Water Supply Agreements B and to all owners of property located within 1 mile of the Landfill footprint (the area feet of the lot firs of the Property, said program C directly against Waste Management Illinois. where waste will be deposited), within thirty (30) days of IEPA issuing a to be descdbec as the "Residential Property Note Property Value Guarantee Agreement in the development permit for the Landfill. Notice shall be delivered to the property Value Protection Plan" set forth in Attachment B Kendall County Agreement extends 1 mile; the owners of record in the form provided in Attachment B.I. In addition, Waste and hereby incorl orated by reference herein. Property Value Guarantee in the Fox Management Illinois agrees to fully comply with the Domestic Well Protection 13. GROUNDV.ATER PROTECTION Fox MorainefYorkville Agreement extends only 1000 Agreement that is attached hereto as Attachment C. Both Attachments B and C Moraine, LLC ag ess to provide a groundwater feet are incorporated herein and made a part hereof by reference. protection plan tk owners of residences located Note Groundwater Protection Agreement in the §9.9. No Third -Party Beneficiaries. With the exception of §§3.8 (Property within one thousa \d (1,000) feet of the Property, Kendall County Agreement extends 1.5 miles; the Value Guarantee and Well Testing Program) and 5.5 (Third Party Claims), said pmgmm b be described as the Groundwater Protection Agreement in the Fox nothing in this Agreement, whether expressed or implied, is intended to confer "Groundwater Protection Plan" set forth in Moraine/Yorkville Agreement extends only 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C ad incorporated by reference feet. enfdies other than the parties and their respective successors and assigns, nor herein. shall any provision give any third persons or entities any right or rights of action against any party to this Agreement. Fax MominefYorkvi0e Agreement does not give propr.,rty owners the rigor. to independently enfprgc: the Property ' Guarantee and .4!taraa, ve Water Supply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox Moraine/Yorkville Agreement is silent. 'Kendall County Agreement utilizes the Internet qmntinq Siting Approval for the Landfill, with or without conditions, and to ensure that the Landfill operates with complete 3 Y i i I j Fox Moral neNorkvlHe Agreement os sHent. i , l SHOULD o CE DD EMBED KpP II COUg(y City of ills Comments _ /CS\ F7 R H EAR �� O § §33 Waste 96eam Commitment. Provided siting for the ser area Fox MoBaZYorkville Agreement is silent. Kendall County Agreement represents that L/�1L1 IJ i� Ll 11 designated in the Siting Application has been obtained, Waste Management guaranteed volume is already under contract. The Illinois guarantees that it has duly executed contracts for the disposal of waste County is notjust relying on the promise by Waste O T � O 0 V Is at the Landfill In the amount of at least one million tons of waste upon Management Illinois to deliver 1 million tons a commencement of operations. year. Waste Management Illinois represents it already has under contract 1 million tons of waste that can be delivered to the Landfill. Contrast this with a landfill built on speculation — the applicant ,r� ,f p �j assumes haulers will deliver waste to the landfill. Why ��j (� /J S 1 r O p X11 i' ly �A (alb S � l ,rt, S (/ r This provision ensures that the Landfill will be t-t V� lJ L . \ °! lS Cod L!J LLS, Vv' ° economically viable. "Fox MorainefYorkville Agreement does not identify where the waste to be disposed of at the landfill will come from. /'� � §3.8. Property Value Guarantee and Well Testing Program. In order to assure 12. PROP TY VALUE GUARANTEE Fox 'Kendall County Agreement designates property Cj D m m u u u � y m s s t � � g a that properties in Dose proximity to the Landfill are protected against their Moraine, LL agrees to provide a property value owners as Third Party Beneficiaries — meaning �d �J values being detrimentally impacted by the Landfill, Waste Management Illinois protection Rla to owners of residential properties they can enforce the Property Value Protection agrees to offer Property Value Guarantees, in the torn of Attachment B hereof, with lot lines It' sated within one thousand (1,000) and Aftemative Water Supply Agreements B and to all owners of property located within 1 mile of the Landfill footprint (the area feet of the lot nes of the Property, said program C directly against Waste Management Illinois. _,.:..•;s:.. „resxc where waste will be deposited), within thirty (30) days of IEPA issuing a to be descri d as the "Residential Property Note Property Value Guarantee Agreement in the ” - -` development permit for the Landfill. Notice shall be delivered to the property Value Protecti n Plan" at forth in Attachment 8 Kendall County Agreement extends t mite; the owners of record in the form provided in Attachment B.1. In addition, Waste and herehy in rpo.,ad by reference herein. Property Value Guarantee in the Fox Management Illinois agrees to fully comply with the Domestic Well Protection 13. GROUN WATER PROTECTION Fox Moraine/Yorkville Agreement extends only 1000 Agreement that is attached hereto as Attachment C. Both Attachments B and C Moraine, LLC rees to provide a groundwater feet. are Incorporated herein and made a part hereof by reference. protection plan o owners of residences located Note Groundwater Protection Agreement in the §9.9. No Third -Party Beneficiaries. With the exception of §§3.8 (Property within are thous nd (1,000) feet of the Property, Kendall County Agreement extends 1.5 miles; the Value Guarantee and Well Testing Program) and 5.5 (Third Party Claims), said program to be described as the Groundwater Protection Agreement in the Fox nothing in this Agreement, whether expressed or implied, is intended to confer "Groundwater tection Plan" set forth in MorainefYorkville Agreement extends only 1000 any rights or remedies under or by reason of this Agreement on any persons or Attachment C a incorpomted by reference feet entities other than the parties and their respective successors and assigns, nor herein. shall any provision give any third persons or entities any right or rights of action against any party to this Agreement. Fox M ills Agreement does not give property owners the right to independently enforce the Pro rty Value Guarantee and Alternative Water S pply Agreements. §4.4. Landfill Web Site. Within thirty (30) days of the date of a Siting Decision Fox MorainefYarkv'ille Agreement is - silent. 'Kendall County Agreement utilizes the intemet orantinq Siting Aooroval for the Landfill, with or without conditions, and to ensure that the Landfill operates with complete 3 Fox Moralne/Yorkville Agreement os sHent FALS o d UCYT2Go 66 compflancs wA Rh aH of Kendall Count City of Yorkville Comments _ � h s o rdl i n a n c es � a' �lws 9 regardless of w ether any Siting Condition(s) is appealed by KLC or Waste transparency. Interested members of the Management Illinois to the IPCB, Waste Management Illinois shall establish and community are not required to submit freedom of maintain, at Waste Management Illinois' expense, a Landfill Web Site information act requests to multiple government r u J a s a n d �.ar `., g n J n � at i o r s of containing, at a minimum, the following items for general public access and agencies to find out what is going on at the u � u downloading: Landfill. Al public records relating to the Landfill will be available at the click of a mouse. 't he , } , � f r� §222. "Performanca Standards" refers to those standards set forth in §5.2 of Fox MoralnoNorkville Agreement I silent. -Kendall County Agreement Incorporates Ll Ll o C o State ISCR.I lSo o u this Agreement, the violation of which subjects Waste Management Illinois to specific standards enforceable by the host stipulated damages pursuant to §8.3 of this Agreement or, where applicable, community.•Kendall County Agreement provides ❑ U enforcement pursuant to the Act; detailed Performance Standards addressing both � � � i n o � o a �rLr lS u n�fT'�1 u a 5.2. PZ apce S nd��ds. The parties hereto acknowledge that (1) annoyances that may commonly occur at a the following listed P 56ndards are essential to an appropriately landfill and (2) serious problems that have the sited, well- managed and operated Landfill, irrespective of permits, variances, potential to arise at a landfill. A well run landfill, and approvals that may be granted by IEPA. Waste Management Illinois shall which we assume the Landfill would be, will not States o //p��r�t`�/p� f llZlu u � e therefore not: have any problem meeting these Performance 5.2.1. Place waste outside the horizontal and vertical boundaries of Standards. The . Performance Standards are clear IEPA permitted disposal areas. and concise. It will be straightforward to >... 5.2.2. Transfer ownership or operation of the Landfill, including any determine whether the Landfill complies with a component of the landfill gas management system, without obtaining Performance Standard. any relevant IEPA and County approval of the transfer of applicable permits. 5.2.3. Cause significant and repeated discharges of surface water outside the scope of any IEPA approved or authorized surface water management and discharge plans or negatively affect surface and subsurface drainage or water quality of adjacent upstream and downstream properties. 5.2A. Fail to monitor groundwater in accordance with the IEPA approved groundwater monitoring plan, including, by way of example the failure to undertake compliance monitoring, assessment monitoring and development and implementation of corrective measures plan, if required. 5.2.5. Cause or threaten, by a confirmed release or groundwater flow alteration at the Landfill, an adverse impact to water quality or diminishment of the yield of an offsite water well used for either potable and/or agricultural purposes. 5.2.6. Fail to operate the landfill gas management system in accordance with IEPA permits, including, by way of example: (i) allowing oxvnen intrusion above anelicable moulatory standards: GO failino to 4 - .cwt.. .. WA PM V /�Q1M7ED UST FOR PURPOSES OF DEG MNS SCOPE OF SMPULAMU DAMAGES Kendall Count( Citv of Yorkville Comments regardless of whether any Siting Condition(s) is appealed by KLC or Waste transparency. Interested members of the Management Illinois to the IPCB, Waste Management Illinois shall establish and community are not required to submit freedom of maintain, at Waste Management Illinois' expense, a Landfill Web Site information act requests to multiple government containing, at a minimum, the following items for general public access and agencies to find out what is going on at the downloading: Landfill. All public records relating to the Landfill will be available at the click of a mouse. §2.22. "Performance Standards" refers to those standards set forth in §5.2 of Fox Moraine/Yorkville Agreement is silent. *Kendall County Agreement incorporates this Agreement, the violation of which subjects Waste Management Illinois to specific standards enforceable by the host stipulated damages pursuant to §8.3 of this Agreement or, where applicable, community. *Kendall County Agreement provides enforcement pursuant to the Act; detailed Performance Standards addressing both 5.2. Perlorlma(tce Stgndards. The parties hereto acknowledge that (1) annoyances that may commonly occur at a the following listen Performance Standards are essential to an appropriately landfill and (2) serious problems that have the sited, welt- managed and operated Landfill, irrespective of permits, variances, potential to arise at a landfill. A well run landfill, and approvals that may be granted by IEPA. Waste Management Illinois shall which we assume the Landfill would be, will not therefore not: have any problem meeting these Performance 5.2.1. Place waste outside the horizontal and vertical boundaries of Standards. The Performance Standards are clear !EPA permitted disposal areas. and concise. It will be straightforward to 5.2.2. Transfer ownership or operation of the Landfil, including any determine whether the Landfill complies with a component of the landfill gas management system, without obtaining Performance Standard. any relevant IEPA and County approval of the transfer of applicable permits. 523. Cause significant and repeated discharges of surface water outside the scope of any IEPA approved or authorized surface water management and discharge plans or negatively affect surface and subsurface drainage or water quality of ad upstream and downstream properties. 5.2.4. t=ail to monitor groundwater in accordance with the IEPA i approved groundwater monitoring plan, including, by way of example the failure to undertake compliance monitoring, assessment monitoring and development and implementation of corrective measures Ilan, if required. 5.2.5. Cause or threaten, by a confirmed release or groundwater flow alteration at the Landfill, an adverse impact to water quality or diminishment of the yield of an offsito water well used for either potable and/or agricultural I :cc,rposes. 5.2.6. Fail to operate the landfill gas management system in accordance with IEPA permits, including, by way of example: (i) allorfing oxvqen intrusion above applicable regulatory standards; (ii) failing to i 4 MSPS QAorT Msc her gs [Performance Standards - ms as s carbon d su jds, suffur d orddg 002 0S H S1.1 °'DDS MM&NO Kendall Gou ry m fi City of Yorkville Comments FROM WA � � � � S 7 regular r y monitor the integrity of landfill gas rollertion .veils and J undertake necessary repairs or replacement of compromised wells; (iii) j. allowing water or leachate 4om the tells to accumulate in a way that compromises a well or causes landfill gas to rrigram into existing and /or future structures outside the boundaries of the Property. 5.2.7. Discharge leachate into a seepage coileien system without valid permits or in violation of a permit. 5.2.8. Allow waste filling patterns or phasing that could compromise the structural integrity or stability of the Landfill or undertake excavations in, or around, the Landfill without first undertaking necessary and appropriate geotechnical evaluations. 5.2.9. Construct the Landfill in a manner that deviates significantly from the siting application and;or IEPA approved developmentioperating plans, including, by way of example, the following components of the Landfill design: (1) excavation depth and base grades; (ii) liner and siftuails; (Ili) leachate collection system and leachate storage tank(s) location; (iv) site entrance location; (v) landfill gas management system; (v1) groundwater monitoring well installation; (vii) final elevation and slopes; (viii) final cover; and (ix) surface water management systems, including basin and surface water controls. 5.2.10. Fail to certify, by means of as -bui t drawings and construction quality assurance data, that the Landfill has been constructed in accordance with IEPA approved design, including, by way of example, fail to provide certified as -built drawings for the following components of the Landfill design: excavation depth and base grades; liner and sidewalls; leachate collection system; landfill gas management system; groundwater monitoring well installation; Final elevation and slopes; final corer; and retention basins and surface water control 5211. Excavate or relocate significant quantities of solid waste already disposed in the Landfill without County and IEPA approval. 5.2.12. Fail to maintain manc:ial assurance as required by IEPA. 5.2.13. Cause or allow habitual violations of the Act by reason of dedicating inadequate human resources and equipment to operate the Landfill, and tolerate operating practices that result in repeated and significant violations of the Act. Inadequate human resources and operating practices include, by way of example, inadequate oversight. training, internal audits, and internal checks and balances between meeting financial ob;eclives and achieving environmental compliance. 52.14. Fail to comply with essential security procedures at the Landfill. 5 i I l F NOT ON 7HE US`T`T TH EN NO DAM AGES No pravWan for navy Kendall Cotrpt+d City of Yorkville Comments �. inclu :ng, by way of example, disposal of waste at the Landfill after business hours or unlocked site access gates. 5.2.15. Fall repeatedly to dispose of solid waste at working faces that f are reasonably limited in size consistent with the approved Landfill phasing plan, including, by way of exarnple, the haphazard movement of the working face, so as to compromise the efficiency and effectiveness of the landfill gas management system. 5.2.16. Allow significant violations of the Landfill's waste acceptance plar:, including, by way of example, accept for disposal at the Landfill waste that is not authorized by this Agreement or the Act, dispose of solid waste at the Landfill unsupervised by qualified and trained Landfill personnel, dispose of special waste without a contract with the waste generator and completed special waste profile sheet, and dispose of regulated hazardous wastes, wastes under the Toxic Sub Control Art ( "TSCA'), 15 U.S.C. 2601, of seq., potentially infectious medical wastes or radioactive wastes. 5,2.17. Violate an approved Landfill dust control plan so as to cause chronic migration of dust off the Property. 5.218. Violate an approved Landfill litter control plan including, by way of example, fail to collect litter on the Property and maintain necessary litter control devices (such as litter control fences) or to otherwise cause chronic dispersion of linter on private and public properties in route to or in the vicinity of th Landfill. 5.2.15. Allow tracking of mud on public roads and highways so as to cause chronic mud tracking or unsafe conditions on public roadways. 5.2.20. Allow chronic nuisance odors to be consistently detected on off -site public or private properties. 52,21. Fail to maintain final and 'intermediate cover so as to (1) prevent excessive soil erosion; (ii) properly maintain vegetative cover; of fill' eliminate exposu,a of waste. 5.2.22. Fail to manage slonnwaler that comes in contact with solid waste as leachate as a solid waste or pollutant. 5.2.23. Allow chronic noise levels beyond the boundary of the Property in violation of Illinois Pollution Control Board noise regulations, 35 IAC §000 at. seq. or applicable local ordinances. Allow a Waste Management Illinois trucking company, or an of illate, to repeatedly violate the Truck Traffic or Truck Tarping Plans. 6 i i I i "SVPWated Damages" Fox Moraone9YorrG vMe Agreement Is sHent0 i E QC 11 LYc Kendall Coyp�y C °ty of Yorkvdie � Comments U v Li � z u � u z t host t o focu 2.29. "Stipulated Damages" refers to speck damages for specific offenses Fox Momine/Yorkvil €e Agreement is silent. 'Kendall County Agreement to imposes set forth in this Agreement so that said speck damages will be forthcoming, to stipulated damages for violations of the _ 17_ _ O �� P ^ ^ the County, in the event of a violation of §8.3 of this Agreement; Agreement, including the Performance. Standards. O (sal - l u /' U�s §5.3. Enforcement The parties acknowledge that the above - referenced See discussion of Paragraph 17 in Fox 'Kendall County Agreement strikes a balance Performance standards are required by the Act, the IPCB regulations and MorainefYorkville Agreement below. between (1) the host community relying entirely relevant permit requirements that IEPA will issue with respect to the Landfill. upon the ]EPA to address environmental problems The parties further acknowledge that the IEPA is authorized to enforce any at a landfill (Option 1) and (2) the host county violations of such provisions and requirements, pursuant to §31 of the Act. The entering into a delegation agreement with the purpose of the Performance Standards is to enable the County to treat IEPA to enforce the Illinois Environmental significant violations of the Act as a breach of this Agreement, and to seek Protection Act on a county -wide basis. Option 1 is appropriate remedies for said breach, as more fully set forth below. Siting the norm for most host community agreements in Conditions and the other requirements in this Agreement that are in addition to, Illinois. The host community agreement between or more stringent than, the requirements of the Act, may be enforced as Livingston County and Allied Waste is a good provided by §8.2 (Remedies) of this Agreement example of Option 1. The Counties that have entered into delegation agreements with the IEPA (Option 2) are urban counties (such as Lake County). Section 5.3 charts a middle course between Option 1 and Option 2. 5.3.1. Where the Performance Standards listed above are not being met to the Fox MoralmefYorkviile Agreement is silent. Kendall County is able to enforce the satisfaction of the County, the County will so advise the Director of the IEPA Performance Standards in the Circuit Court of and the IEPA Regional Field Office responsible for the Landfill in writing, via Kendall Comfy. See discussion below of certified mail, with a copy via certified mail to Waste Management Illinois, . Paragraph 17 in the Fox MoraineNorkville setting forth the specifics of any non - compliance alleged to constitute a violation Agreement. of this Agreement. Should the IEPA not issue a written notice of an alleged violation pursuant to §31 of the Act within 30 days of receipt of said written notice, or take other appropriate action pursuant to its authority under §§34 or 43 of the Act, the County may enforce the Performance Standards that were the subject of the written notice by filing an action for injunctive relief in the Circuit Court for the 16th Judicial Circuit, Kendall County, Illinois. Such relief shall be in addition to any other relief authorized by law or this Agreement, including stipulated damages pursuant to §8.3 of this Agreement §5.6. Retention of Counsel; Settlement In any such circumstance, the County "Fox Moraine/Yorkville Agreement does not or municipality, as the case may be, shall have the right, at their own expense, contain this provision. Fox Moraine will select to employ separate counsel and to participate in (but not control) the defense, legal counsel to defend the City and Fox Moraine compromise, or settlement thereof. The County or municipality shall not settle , will control the defense strategy. 7 i `Il [fie Counties that have entered into Magatoon agreements u&\ ith the [EPA (Option 2) are urban counties (such as Lake County . Section 5.3 harts a miMe course between Option Ii and Option 20 i w�i000[LC Q��O UNPROVEN Kendall Coyp Cv of Yorkville 'Comments �V _ n � n n n ^ rt �� 2.29. 'Stipulated Damages' refers to speck damages for specific offenses rox MorainefYorkville Agreement is silent. en U dall County Agreement to imposes ` I ll l I ^ ll� ` N ` ~ J I ll l set forth in this Agreement so that said specific damages will be forthcoming, to s ulated damages for violations of the the County, in the event of a violation of §8.3 of this Agreement Agr ment, including the Performance Standards. n §5.3. Enforcement. The parties acknowledge that the above- referenced See discussion of Paragraph 17 in Fox 'Ken a \enny., Agreement strikes a balance L � � � G Xr � O N W e Performance Standards are required by the Act, the IPCB regulations and MorainefYorkville Agreement below. be en ost community relying entirely relevant permit requirements that IEPA will issue with respect to the Landfill. upon thddress environmental problems The parties further acknowledge that the IEPA is authorized to enforce any at a lan 1) and (2) the host county violations of such provisions and requirements, pursuant to §31 of the Act. The enterinelegation agreement. with the purpose of the Performance Standards is to enable the County to treat IEPA the Illinois Environmental D �� l ^ © �� 7 sign ificant violations of the Act as a breach of this Agreement, and to seek Protection Act on coun -wide basis. Option 1 is �� appropriate remedies for said breach, as more fully set forth below. Siting the norm for most st community agreements in r Conditions and the other requirements in this Agreement that are In addition to, Illinois. The host co unity agreement between O n U IJ t ® �� or more stringent than, the requirements of the Act, may be enforced as Livingston County an Allied Waste is a good provided by §8.2 (Remedies) of this Agreement example of Option 1. The Counties that have eniered into dologaLon agreement; with the MPA ,Opt:or: 2) are urban ccunfies (surf: as Lake County), Section 5.3 charts a middle course behveen Option 9 and Option 2. 5.3.1. Where the Performance Standards listed above are not being met to the Fox Momine/Yorkville Agreement is silent. Kendall County is able to enforce the satisfaction of the County, the County will so advise the Director of the IEPA Performance Standards in the Circuit Court of -- - -- -- - and the IEPA Regional Field Office responsible for the Landfill in writing, via Kendall County. See discussion below of certified mail, with a copy via certified mail to Waste Management Illinois, Paragraph 17 in the Fox MorainelYorkvilie setting forth the specifics of any non - compliance alleged to constitute a violation Agreement. of this Agreement Should the IEPA not issue a written notice of an alleged violation pursuant to §31 of the Act within 30 days of receipt of said written notice, or take other appropriate action pursuant to its authodty under § §34 or 43 of the Act. the County may enforce the Performance Standards that were the subject of the written notice by filing an action for injunctive relief In the Circuit Court for the 16th Judicial Circuit, Kendall County, Illinois. Such relief shall be in addition to any other relief authorized by law or this Agreement, including stipulated damages pursuant to §8.3 of this Agreement. §5.8. Retention of Counsel; Settlement. In any such circumstance, the County "Fox MorainelYorkvills Agreement does not or municipality, as the case may be, shall have the right, at their own expense, contain this provision. Fox Moraine will select to employ separate counsel and to participate In (but not control) the defense, legal counsel to defend the City and Fox Moraine compromise, or settlement thereof. The County or municipality shall not settle will control the defense strateey. 7 A TLB o Davies ( Stephenson Winnebago Soon t Carroll Chicago b De Kalb Kane Department of Cook Envkonmenl Whiteside Lee. Kentlall Rock Island Bureau Henry Grundy Mercer Putnam Stark Marshall Knox Warren Peoria Woodford Livingston enders Iroquois Ford Mcdonough Mclean ancock Fulton Schuyler Mason Be Wt Champaign Menard Logan Adams grown Cass Platt Morgan Douglas - Moultrie Edgar Pike Scott Coles Greene Shelby Macpupin Cumberland Clark U Jersey Effingham Fayette Jasper Bond Clay Clinton Marion a JJabas n" a Washington Jefferson w Monroe Randolph Hamilton White Franklin J Gaifaun Williamson Sol— F7 Delegated County Hardin Union Johnson Pope Alexan �ulas Massa i Fox orraMe/iYorkvMo Agreement os sHento UCYo Prompt zo�uft s because o i� zs -hs� p Kendall County Citv of York 'le Comments _ r � h is and s s c ro vw 2.29. "stipulated Damages" refers to spec damages for specific offenses Fox Moraine orkville Agreement is silent. 'Kendall County Agreement to imposes set forth in this Agreement so that said specific damages will be forthcoming, to stipulated damages for violations of the the County, in the event of a violation of §8.3 of this Agreement; Agreement, including the Performance Standards. §5.3. Enforcement The parties acknowledge that the above - referenced See discussio of Paragraph 17 in Fox 'Kendall County Agreement strikes a balance a�o Performance Standards are required by the Act, the IPCB regulations and MoraineNorkvi to Agreement below. between (1) the host community relying entirely relevant permit requirements that ]EPA will issue with .respect to the Landfill. upon the IEPA to address environmental problems The parties further acknowledge that the IEPA is authorized to enforce any at a landfill (Option 1) and (2) the host county �j ry�{r, and � (�� violations of such provisions and requirements, pursuant to §31 of the Act. The entering into a delegation agreement with the 0 �� lS® �� o C1 LI LI �1 purpose of the Performance Standards is to enable the County to treat IEPA to enforce the Illinois Environmental significant violations of the Act as a breach of this Agreement, and to seek Protection Act on a county -wide basis. Option 1 is appropriate remedies for said breach, as more fully set forth below. Siting the none for most host community agreements in Candifions and the other requirements in this Agreement that are in addition to, Illinois. The host community agreement between �„ n m o nt h O or more stringent than, the requirements of the Act, may be enforced as Livingston County and Allied Waste is a good O O c \ s provided by §8.2 (Remedies) of this Agreement, example of Option 1, The Counties that have entered into delegation agreements with the IEPA (Option 2) are urban counties (such as Lake County). Section 5.3 charts a middle course [b rea ch between Option 1 and Option 2. .5.3.1. Where the Performance Standards listed above are not being met to the Fox Morainallorkviffe Agreement is siNifl. Kendall County is able to enforce the satisfaction of the County, the County will so advise the Director of the IEPA Performance Standards in the Circuit Court of -- - and the IEPA Regional Field Office responsible for the Landfill in writing, via Kendall County. See discussion below of certified mail, with a copy via certified mail to Waste Management Illinois, Paragraph 17 in the Fox MorainsfYorkville - setting forth the specifics of any non - compliance alleged to constitute a violation Agreement. of this Agreement. Should the IEPA not issue a written notice of an alleged violation pursuant to §31 of the Act within 30 days of receipt of said written notice, or take other appropriate action pursuant to its authority under § §34 or 43 of the Act, the County may enforce the Performance Standards that were the subject of the written notice by filing an action for injunctive relief in the Circuit Court for the 16th Judicial Circuit Kendall County, Illinois. Such relief shall be in addition to any other relief authorized by law or this Agreement, including _ stipulated damages pursuant to §8 -3 of this Agreement §5.6. Retention of Counsel; Settlement. In any such circumstance, the County *Fox MoraineNorkville Agreement does not or municipality, as the case may be, shall have the right, at their own expense, contain this provision. Fox Moraine will select to employ separate counsel and to participate In (but not central) the defense, legal counsel to defend the City and Fox Moraine compromise, or settlement thereof. The Countv or municipality shall not settle will control the defense strategy. 7 * *Fox MoralneNorWI�e Agreement does not aortae n tHs prrovosoon. Fox W orraone vfyM se�ect� DegaO oounse� too defend the oozy end Fox Morraone voyM c�ontrro� the defense HAVE 7HE ° G H7 70 GAME MAIM COUNSEL iron -co ad hidemnRy Kendall Cogpty Citv of Yorkville } Comments _ 2.29. 'Stipulated Damages" refers to speck damages for specific offenses Fox hloraineNorkvilie Agreement's silent. 'Kendall County Agreement to imposes 51 (`�'�( ('j1j (j�j (� j �� J� set forth in this Agreement so that said specific damages will be forthcoming, to stipulated damages for violations of the �l ll V� Ll ll L! u u u u u �✓ u u llllll v the County, in the event of a violation of §8.3 of this Agreement; Agreement, including the Performance Standards. §5.3. Enforcement. The parties acknowledge that the above - referenced See discussion of Paragraph 17 in Fox 'Kendall County Agreement strikes a balance mo an d M s ui ra a Ll ce a� Performance Standards are required by the Act, the IPCB regulations and MorainefYorkvills Agreement below. between (1) the host community relying entirely relevant permit requirements that IEPA will issue with respect to the Landfill. upon the IEPA to address environmental problems The parties further acknowledge that the IEPA is authorized to enforce any at a landfill (Option 1) and (2) the host county violations of such provisions and requirements, pursuant to §31 of the Act. The entering into a delegation agreement with the l) w purpose of the Performance Standards is to enable the County to treat IEPA to enforce the Illinois Environmental significant violations of the Act as a breach of this Agreement, and to seek Protection Act on a county -wide basis. Option t is appropriate remedies for said breach, as more fully set forth below. Siting the norm for most host community agreements in Conditions and the other requirements in this Agreement that are in addition to, Illinois. The host community agreement between' ' or more stringent than, the requirements of the Act, may be enforced as Livingston County and Allied Waste is a good provided by §8.2 (Remedies) of this Agreement. example of Option 1. The Counties that have entered Into delegation agreements with the IEPA ption 2) are urban counties (such as Lake unty). Section 5.3 charts a middle course b eon Option 1 and Option 2. 5.3.1. Where the Performance Standards listed above are not being met to the Fox MominefYorkville Agreement is silent. Ken all County is able to enforce the satisfaction of the County, the County will so advise the Director of the IEPA Per'd mane Standards In the Circuit Court of and the IEPA Regional Field Office responsible for the Landfill in writing, via Kend County. See discussion below of certified mail, with a copy via certified mail to Waste Management Illinois, Parag h 17 in the Fox MorainsfYorkville setting forth the specifics of any non - compliance alleged to constitute a violation Agreem nt. _ of this Agreement Should the IEPA not issue a written notice of an alleged - violation pursuant to §31 of the Act within 30 days of receipt of said written notice, or take other appropriate action pursuant to its authority under § §34 or 43 of the Act, the County may enforce the Performance Standards that were the _ subject of the written notice by filing an action for injunctive relief in the Circuit - - Court for the 16th Judicial Circuit, Kendall County, Illinois. Such relief shall be in addition to any other relief authorized by law or this Agreement, including stipulated damages pursuant to §8.3 of this Agreement §5 -6. Retention of Counsel; Settlement. In any such circumstance, the County "Fox MorainoNorkville Agreement does not or municipality, as the rase may be, shall have the right, at their own expense, contain this provision. Fox kicr. ine will select to employ separate counsel and to participate In (but not control) the defense, legal counsel tc defend the City and Fox Moraine compromise, or settlement thereof. The County or municipality shall not settle will control the defense strawgy. - 7 Fox N orraone//YorrkvMe Agreement does not rrequore Fora R,/gorra�ne to pay the CRy's enforcement costs. FALSE: UCYT 17 LAN 66 egress that K shaH ❑ ❑ ❑ Msmn T'y ❑ ❑ ❑ the oozy ❑ ❑ ❑ fro any and aH c�a0ms aotoons, costs, BrUpanses ottornewS Kendall Countv City of Yorkville Comments or compromise any such matter for which it is entitled to indemnification o `� o q ot " �� 4 hereunder without the prior written consent of Waste Management Illinois, unless said companies have failed to undertake control and defense of such action in the manner provided for In this Agreement Waste Management Illinois shall not settle or promise any fj .fi. comny such matter in which any relief other damages ffiY11 �j r�'1 (01� 5} f l� (� I fl fi �� (r�'1 ('i5'fi1 I'Fil 1f than the payment of money damages is sought against them, unless the County d a Il IJ LI a \ g � a Il d1 l�J.l N�..L ll IJ IJ LI 11 l y or municipality, as the case may be, consents in writing to such compromise or settlement // 8.2. Remedies. In the event of any default or breach by KLC or Waste Fox MoralnefYorkvi3R Agreement dons not "Fox Moraine/Yorkville Agreement, in contrast, /I 6 6 � � a � � � � � � ss 9 Q c,� �a s a rw�j s rd Management Illinois of their respective obligations hereunder, the County may require =ox Moraine to pay the City's enforcement does not provide for recovery of legal fees and II �f �J u l4 ( bring an action to enforce this Agreement and seek any and all relief available costs. costs. rte- ° }� fl �� at law or in equity. Waste Management Illinois shall reimburse the County for its a o a o u pry, u o lS or � IJ /� U c u �J pp �J lye s d b w reasonable attorneys fees and costs ('including fees for expert witnesses and consultants) incurred in enforcing this Agreement. ��1r, the iJ I� � p fps � o� �j 8.3. Stipulated Damages Any violation of a Performance 17. City shall give Fox Moraine mitten notice of "Fox MoraineNorkville Agreement is the only lq a �J e tw ... [bJ \"1 IJ w �� o p L) Standard shall result in stipulated damages against Waste Management Illinois„ any violation of the terms of this Agreement or host community agreement in IllinZ in which �! any applicable City Ordinances or State Laws the host community waives its authority to compel fI 51 .rL in addition to other rights and remedies available to the County, as follows: within 48 hours of the violation occurring, and Fox compliance with environmental and public health any and �J ©�'�} �f' 1 f O ('�j Stipulated Damage Per Day Day of Unaxcusod Failure to Moraine shall have 72 hours thereafter to! a) and safety laws. Yorkville has given away its a Il 11 a tl Cpl p✓ a lei lS u u P Y remedy the violation, or b) initiate remedy of such enforcement authority. Paragraph 17 of the Fox f� �I u o u ,'lr1(,' For Waste Management Achieve Performance violation If such remedy will take longer than 72 Moraine/Yorkville Agreement requires Fox � l.5 the lS IJ 11 Illinois's Unexeused Failure to Standards hours to complete. Should Fox Moralne fail to Moraine to deposit a mere $10,000 in an escrow ` I`\_ //I I . O dr Y ll V ll Achieve Performance remedy the violation, the City may, but is not account. If Fox Moraine fails to comply, the City of �, Standards required to, take such actions as are reasonable Yorkville may use the $10,000 to 'remedy" a $100 V through 14p day to cure the situation and may pay for same. "violation of the Agreement". 'All other disputes Property..." $250 15" throuoh 30'" day Accordingly, Fox Moraine shall deposit, and the relating to" the Agreement will be arbitrated. The `��\ $750 31" through 44'" day City shall maintain in a separate dedicated City has waived Its right to seek In u' n ve relief $1500 45" throuV 60' day account, the sum of $10,000.00 to assure faithful from the Circuit Court of Kendall County or the $2000 61 "throu ng 74 - day compliance the terms of this Agreement and Illinois Pollution Control Board. The issue of $3000 75'" through tlay applicable the and laws. The City shall not whether the Fox Moraine landfill is violati the $4000 91" day and Uevond draw upon the deposit except after an Illinois Environmental Protection Act will be - administrative hearing where Fox Moraine is decided by an arbitrator. This is a most unusual given the opportunity to present evidence and provision and is very one sided in favor of Fox rebut any testimony or evidence. The Moraine. Contrast this approach with the administrative hearing shall be before the Mayor, Kendall County Agreement The Kendall County the Director of Public Works and the City Agreement imposes specific Performance r . 8 **Fox �v orralo�iefforrG�vUe agreement os the oMy host Coo mmunRy agreement on HHnoos on v�vHch the host, c®rr munky vya ves Ks auth®rrlity t® c®mpe� comp0oance vdKh enArr®nmenW and pubH(l hea0 h and safety Daeeso YorkAHe has goven a�Away offs enforcement authorrky. o FALS E G orrz� v / &ooh SGN- (99 p and Lacaa 7rbuna1 1 Kendall Court City of Yorkville \dO-eG or mmpromuse any such matter for which it is entitled to indemnification hereunder without the prior written consent of Waste Management Illinois, n (1� °� ��y � �° °� O r,� n unless said companies have failed to undertake control and defense of such �j -"-t� l u u u action in the manner provided for In this Agreement Waste Management li inois shall not settle or compromise any such matter in which any relief other t� than the payment of money damages is sought against them, unless the County (7 fl I or municipality, as the case may be, consents in writing to such compromise or l�J k f1° (I settlement. 8.2. Remedies. In the event of any default or breach by KLC or Waste Fox MorainslYorkville Agreement dinelyorkvills Agreement, in contrast, n rI Management Illinois of their respective obligations hereunder, the County may require Fox Momme to pay the City's enforovide for recovery of legal fees and �� IJ L�O �� la I Lt - r�J l IJ IJ I n ffil / I V � ®hJ.l r bring an action to enforce this Agreement and seek any and all relief available costs. at law or in equity. Waste Management Illinois shall reimburse the County for its reasonable attorneys fees and costs (including fees for expert witnesses and consultants) incurred in enforcing this Agreement. 8.3. Stipulated Da ngaes Any violation of a Performance 17. City shall give Fox Moraine mitten tn arkville Agreement is the orrl Standard shall result in stipulated damages against Waste Management Illinois„ any violation of the terms of this Agreement or lyist aammunlfi( aareemen# in ((fflinots in vrich any applicable City Ordinances or State Laws uie host rommun; ,waives its aufhadty :o compel . in addition to other rights and remedies available to the County, as follows: within 48 hours of the violation occurring, and Fox canpliance with environmental and public health ulatad Damage Per Day Days of Unexcused Failure to Moraine shall have 72 hours thereafter to: a) and sa`rty laws. yorlwille has given away its Stlp Waste Management Achieve Performance remedy the violation, orb) initiate reme For dy of such enforemena aut :crity. Paragraph 17 of the Fox Illinois's Unexcused Failure to Standards violation if such remedy will take longer than 72 Moreinallorkville Agreement requires Fox Achieve Performance hours to complete. Should Fox Moraine fail to Moraine to deposit a mere $10,000 in an escrow remedy the violation, the City may, but is not account. If Fox Moraine fails to comply, the City of Standards required to, take such actions as are reasonable Yorkville may use the $10,000 to remedy a $100 1 "throuch 14' dam to cure the situation and may pay for same. "violation of the Agreement'. 'All other disputes $250 1r throuch 30' dyX Accordingly, Fox Moraine shall deposit, and the relating to' the Agreement will be arbitrated. The P 0 31° through 44'" dday City shall maintain in a separate dedicated City has waived its right to seek iniunctive relief 00 45'" throuaryry 60'" day account, the sum of $10,000.00 to assure faithful from the Circuit Court of Kendall County or the $2000 61" throgah74'" I compliance the terms of this Agreement and Illinois Pollution Control Board. The issue of $3000 75'" t'to 90� day applicable ordinances and laws. The City shall not whether the Fox Moraine landfill is violating the $4000 91" dav''dd beyond draw upon the deposit except after an Illinois Environmental Protection Act will be administrative hearing where Fox Moraine is decided by an arbitrator. This is a most unusual given the opportunity to present evidence and provision and is very one sided in favor of Fox rebut any tesfimony or evidence. The Moraine. Contrast this approach with the administrative hearing shall be before the Mayor, Kendall County Agreement. The Kendall County the Director of Public Works and the City Agreement imposes specific Performance- 8 1 .aee mere i I I Kendall Coyjtty Citv of Yorkville Comments _ l r� or compromise any such matter for which d is entitled to indemnification � l� 9 s an a s c L�ovs that � �� hereunder without the prior written consent of Waste Management Illinois, unless said companies have failed to undertake control and defense of such —p o action in the manner provided for in this Agreement Waste Management u (I �j5� r� I d Illinois shall not settle or compromise any such matter in which any relief other ll rp tl lJ Ll than the payment of money damages is sought against them, unless the County or municipality, as the case may be, consents in writing to such compromise or settlement. 8.2. Remedies. In the event of any default or breach by KLC or Waste Fox Moraina/Yorkville Agreement does not ox Momine/Yorkville Agreement, in contrast, Management Illinois of their respective obligations hereunder, the County may require Fox Moraine to pay the City's enforcement do not provide for recovery of legal fees and bring an action to enforce this Agreement and seek any and all relief available costs. costs. at law or in equity. Waste Management Illinois shall reimburse the County for its reasonable attorneys fees and costs (including fees for expert witnesses and consultants) incurred in enforcing this Agreement. 8.3. Stipulated Damages Any violation of a Performance 17. City shall give Fox Moraine mitten notice of "Fox Moral orkville Agreement is the only Slander! shall result in stipulated damages against Waste Management Illinois„ State Ls the an violation of the terms of this Agreement or h st host cemm commun m waives i me // in Illi%j in which any applicable City Ordinances or Sawu authority to compel in addition to other rig and remedies available to the County, as follows: within 48 hours of the violation occurring, and Fox compliance with on ' onmental and public health Moraine shall have 72 hours thereafter to: a) and safety laws. Y Wills has given away its For Waste Management Achieve Performance remedy the violation, orb) initiate remedy of such enforcement authority. er Stipulated Damage Per Day Days of Unexcused Failure to agraph 17 of the Fox a Failure to Standards violation if such remedy will take longer than 72 Moraine/Yorkville Agr meat requires Fox Illinois's Waste re 510,000 in an escrow Achieve Performance hours to complete. Should Fox Moraine fail to Moraine to deposit a me " remedy the violation, the City may, but is not account If Fox Moraine fails to comply, the City of Standards $100 1" through 14'" day - required to, take such actions as are reasonable Yorkville may use the $10,000 to 'remedy' a $250 15'" through 30°' day - to cure the situation and may pay for same. "violation of the Agreement ". "All other disputes Accordingly, Fox Moraine shall deposit, and the relating to" the Agreement will be arbitrated. The $750 31 "throuch 44'"�ay City shall maintain in a separate dedicated City has waived its right to seek injunctive relief $1500 45'" through 60 ' day account, the sum of $10,000.00 to assure faithful from the Circuit Court of Kendall County or the $2000 61 thr%. 0 74 ?r y compliance the terms of this Agreement and Illinois Pollution Control Board. The issue of $3000 75'" thrgyt 90'" a d - applicable ordinances and laws. The City shall not whether the Fox Moraine landfill is violating the $4000 91" day and beyon draw upon the deposit except after an Illinois Environmental Protection Act will be administrative hearing where Fox Moraine is decided by an arbitrator. This Is a most unusual given the opportunity to present evidence and provision and is very one sided in favor of Fox rebut any testimony or evidence. The Moraine. Contrast this approach with the - administrative hearing shall be before the Mayor, Kendall County Agreement. The Kendall County the Director of Public Works and the City Agreement imposes specific Performance 8 , C Thos os a most unusual prrov soon and os very one soled fln favor of Fox Moraoneo r is unusua0 lbu2 favors Don't need count's blessing—Hors soQa bnn Kendall Countv City of Yorkville Comments or compromise any such matter for which it is entitled to indemnification hereunder without the prior written consent of Waste Management Illinois, . \ unless said companies have failed to undertake control and defense of such action in the manner provided for in this Agreement. Waste Management Illinois shall not settle or compromise any such matter in which any relief other than the payment of money damages is sought against them, unless the County or municipality, as the case may be, consents in writing to such compromise or N ever ve rr f o r� (get the F E IP Q settlement. v u 8.2. Remedies. In the event of any default or breach by KLC or Waste Fox MominefYorkville Agreement does not x MorainelYorkville Agreement, in contrast, n_ n_ �� ( �.1 1 �1 111'/IIJI _^ clC� 9 ^ Management Illinois of their respective obligations hereunder, the County may require Fox Moraine to pay the City's enforcement doe not provide for recovery of legal fees and bring an action to enforce this Agreement and seek any and all relief available costs.. cos 51Y,11r at law or in equity. Waste Management Illinois shall reimburse the County for its and �((�� ©�n� ('� `� reasonable attorneys fees and costs (including fees for expert witnesses and consultants) incurred in enforcing this Agreement. �:-f1 I{ 19 y�� h cJ 111 � � ®lJ p�j LI C4.1 IJ LI �Y.1 LI � ll lS® 8.3. 5tioulated Demeans. Any violation of a Performance 17. City shall give Fox Moraine mitten notice of "Fox Mo InefYorkviile Agreement is the only � � �� Standard shall result in. stipulated damages against Waste Management Illinois„ any violation of the terms of this Agreement or host com unity agreement in tilino in which any applicable City Ord m Ordinances or State Laws the host co umty waives its authority to compel in addition to other rights and remedies available to the County, as follows: within 48 hours of the violation occurring, and Fox Moraine mpliance ith s environmental and public health Stipulated Damage Per Da Days of Unexcused Failure to Moraine shall have 72 hours thereafter to: a) and Safety I . Yorkville has given away its Sti p Y Y remedy the violation, or b) initiate remedy of such enforcement a honty. Paragraph 17 of the Fox For Waste Management Achieve Performance violation if such remedy will fake longer than 72 MorainelYorkv le Agreement requires Fox Illinois's Unexcused Failure to Standards hours to complete. Should Fox Moraine fall to Moraine to dep It a mere $10,000 in an escrow Achieve Performance remedy the violation, the City may, but is not account. If Fox mine fails to comply, the City of Standards required to, take such actions as are reasonable Yorkville may us the $10,000 to "remedy' a $100 1" through 14 "dayy - to cure the situation and may pay for same. "violation of the Ag ment". 'All other disputes $250 15'" through 30" day - Accordingly, Fox Moraine shall deposit, and the relating to° the Agre ent will be arbitrated. The $750 31°'throu�h 44'"da� City shall maintain in a separate dedicated City has waived its ht to seek iniundive relief $1500 45'" through 60'" day account, the sum of $10,000.00 to assure faithful from the Circuit Cou of Kendall County or the $2000 61"'through 74'" ley compliance the terms of this Agreement and Illinois Pollution Contr Board. The issue of $3000 75'" through 90p day applicable ordinances and laws. The City shall not whether the Fox Mora! landfill is violating the $4000 91"dav and beyond draw upon the deposit except after an Illinois Environmental otection Act will be administrative hearing where Fox Moraine Is decided by an arbitrator. i his is a most unusual given the opportunity to present evidence and provision and Is very one sided in favor of Pox rebut any testimony or evidence. The Moraine Contrast this approach with the administrative hearing shall be before the Mayor, Kendall County Agreement. The Kendall County the Director of Public Works and the City Agreement imposes specific Performance 8 'For, M oral ne/Yorkv!Ile Agreement e Yorkville waoves ks right t® seek rreflef on the Circuit Court of KendaH Country and p aces its fate ors the herds of e private errbKrrat®rro i FA FAT N OWN HAM 03 Kendall County City of Yorkville Comments Manager (or their equivalent or desig\dIspor ny Standards. Waste Management Illinois pays amounts drawn by the City after sug Stipulated Damages if those Standards are not shall be promptly replenished by Foe. complied with. (See §8.3 of the Kendall County Fox Moraine shall have the right of in Agreement) Further, the County reserves all RA7 faster, ; „ accordance with Section 27 of this Agre°righis, powers and remedies" that it has to j a 1 , u (� °� �l u 27. ARBITRATION Any controversy, or enforce the Agreement, Siting Conditions and claim arisi ng out of or relating to this t environmental laws, (See § §8.4 and 9.21of this rI� p s �J o 0 or the breach thereof, not settleAgreement) Comment: see discussion above. � `vJ I �{1 (I u l6 Il IJ (I y p (•{� d g �""1j I'flj (I'1' negotiations, shall be submitted to mo "Fox Moraine/Yorkviile Agreement does not !rte I I J �J/ jJ yvi r fit, a U IJ other altemative dispute resolutions pre provide for Stipulated Damages. -Kendall upon mutual agreement of the parties. Any County Agreoment provides for Stipulated �O �� fl dispute, controversy or claim arising out of or --ages for non - compliance with Performance 5 I relating to this Agreement, or the breach thereof, dards, Si(n9 Conditions and the Illinois not settled through negotiation or other mutually E 'ronmental Protection Act. agreed altemaltve dispute resolution procedure, _ shall be settled by arbitration administered by the American Arbitration Association. This agreement to resolve any disputes by binding arbitration shall extend to claims against any shareholder, brother - sister company, subsidiary or affiliates, any officers, directors, employees or agents or any of the above and shall apply as well to claims arising out of state and federal statutes and local ordinances as well as to claims arising under common law. The parties intend that this provision to arbitrate be valid, enforceable and irrevocable and that it provide the exclusive remedy with respect to all disputes within its scope. Any arbitration and award hereunder shall be final and }gndino upon the parties, a judgment on the award rendered by the arbitrators) may be entered in any court having jurisdiction thereof. (emphasis added) §8.4. Remedies Not Exclusive. No right, power or remedy conferred upon or Fox Moraine/Yorkville Agreement provides "Fox MnrainelYorkville Agreement — yorxville reserved to any Non -Defaulting Party under this agreement or under law shall arbitration (127) is the City's exclusive remedy. waives its right to seek relle -n the Circuit Court of be considered exclusive of any other right, power or remedy, but such rights, Kervdail County and piaer_s it; fate in the hands of powers and remedies shall be cumulative and shall be in addition to every other a private arbitrator. right, power and remedy qivan hereunder or now or hereafter available at law or * *Fox Moral ne/Yorkvo�De Agreement oMy rrequftres Fox Morraone to prrovode the Cky vwRh a cerfifocate of onsuranoeo I F , Leo IE Q Just D(nak to rho 2nd Kendall County City of S'orkville \ Comments /p� ( in equity or by statute or otherwise, and every right power and remedy given by lG rl w/ to this Agreement to any Non - Defaulting Party may be exercised from time to time �/ and as often as occasion may arise or as may be deemed expedient, without .rL ® raj precluding any Non - Defaulting Partys simultaneous or later exercise of any or {�r n�{� r �' 5dr 0 sL all other rights, powers or remedies, including, by way of example, the right of �,,( l �,,( I,� IJ lJ a �( the County to file a complaint with the IPCB alleging a violation of the Act and to enforce the Siting Conditions independently of this Agreement No delay or omission of the Non - Defaulting Party to exercise any right, power or remedy arising from any default or breach hereof an the part of the Defaulting Party shall impair any such right, power or remedy or shall be construed to be a waiver of any such default or breach or any acquiescence therein. §9.21. Reservation of Police Powers. The County reserves all its power and authority, including the power to tax and zone the Property, including zoning authority over a landfill gas recovery system should one be installed at the Landfill, except that the County agrees not to impose fees or taxes specific to the disposal of Solid Waste on the Property other than as provided in this Agreement 5.7. Insurance. The County, its agents, employees, officers, elected officials 18. Upon written request from the City, Fox \authodzed that parry has no rights under an shall be named as Additional Insureds. Moraine, LLC shall provide certificates of olicy u ass that party is named as an insurance to the City of the insurance coverage an end ement to the policy signed required to be maintained hereunder. The City odzed re resentative of the insurer. shall be named as an ad ditional named insured a third p with a "certificate of on all such certificates of insurance. confers no 'ghts to the third party, , '"Fox moraine ;Yorkvilie Agreement only � requires Fox Moraine to provide the City with a certkfi of insurance. §5.8. Financial Assurance. Waste Management Illinois may satisfy the Fox MominelYorkville Agreement is silent on *Kendall County Agreement excludes forms of financial assurance requirement in §21.1(a) of the Act, 415 ILCS 5/21.1(a), by financial assurance and relies exclusively on financial assurance approved by IEPA. IEPA any method of financial assurance for closure and post - closure care authorized IEPA to make sure the City of Yorkville is not left regulations allow a landfill operator to'seif- insure" in Subpart G of §811.700 of the IPCB's rules, 35 III. Adm. Code 811.700; "holding the bag". for closure and postclosure care of a landfill. This provided, however, that the following forms of financial assurance are excluded: form of financial assurance depends upon the 4 operator self- insurance pursuant to 35 III. Adm. Code 811.715; the meeting of a continued financial strength of the landfill operator. corporate financial test pursuant to 35 III. Adm. Code 811.719; and a corporate There are numerous instances where the IEPA guarantee, pursuant to 35 III. Adm. Code 811.720. Further, surety bonds and (and taxpayers) have been "left holding the bag" closure insurance, pursuant to 35 III. Adm. Code 811.711, 811.712 and (so to speak) when a "self - insured" company has 811.714, resoectiveiv. shall not be secured from a comoanv that is affiliated with gone bankrupt. Waste Management Illinois has 10 i, 1 *Kendall County Agreement excDudes forms of ff nancW assurance approved by EPA. C©M PLEN MUM Ke qui tl Cq{yygt City of Yorkville Comments ry� /�1 �'�1j f'fil a g �'1('�i fit, , ant in equity or 6y %tuts or otherwise, and every right, power and remedy given by U J L C9! Ll lJ CQl h L 1 1 this Agreement to any Non - Defaulting Party may be exercised from time to time � and as often as occasion may arias or may be deemed expedient, without a � lql� u � at i ° vas can [b e precluding any Non- DefauBing Pariys simultaneous any or or later exercise of any or I,_( all other fights, powers or remedies, including, by way of example, the right of the County to file a complaint with the IPCB alleging a violation of the Act and to (� /mil C�1 enforce the Siting Conditions independently of this Agreement No delay or (C s Il Il �� (mil �r r I7 51 omission of the Non - Defaulting Party to exercise any right, power or remedy u Lh `� h ,rL lS o /n17 f ll l� IJ arising from any default or breach hereof on the part of the Defaulting Party shall impair any such right, power or remedy or shall be construed to be a waiver of any such default or breach or any acquiescence therein. ©n ©n §9.21. Reservation of Police Powers. The County reserves all its power and authority, including the power to tax and zone the Property, including zoning authority over a landfill gas recovery system should one be installed at the Landfill, except that the County agrees not to impose fees or taxes spec to the disposal of Solid Waste on the Property other than as provided in this Agreement 5.7. Insurance. The County, its agents, employees, officers, elected officials 18. Upon written request from the City. Fox \authad sic at a party has no rights under an shall be named as Additional Insureds. Moraine, LLC shall provide certificates of ce policy unless that parry is named as an insurance to the City of the insurance coverage ' in a endorsement to the policy signed required to be maintained hereunder. The City authod d representative of the insurer. shall be named as an add itional named insured g a d party with a "certificate of on all such certificates of insurance. ce" conf no rights to the third party. Moraine orkville Agreement only s Fox Mora a to provide the City with a te of in%mn e. §5.8. Financial Assurance. Waste Management Illinois may satisfy the Fox MorainelYorkvills Agreement is silent on '14endall County Agreement exriudes lorms of financial assurance requirement in §21.1(a) of the Act, 415 ILCS 5/21.1(a), by financial assurance and relies exclusively on financial assurenr approved by IEPA. IEPA any method of financial assurance for closure and post-ciosure care authorized IEPA to make sure the City of Yorkville is not left regulations allow a landfill operator to 'self- insure" in Subpart G of §811.700 of the IPCB's rules, 35 III. Adm. Code 811.700; "holding the bag'. for closure and post - closure care of a landfill. This provided, however, that the following forms of financial assurance are excluded: form of financial assurance depends upon the operator self-insurance pursuant to 35 111. Adm. Code 811.715; the meeting of a continued financial strength of the landfill operator. corporate financial test pursuant to 35 III. Adm. Code 811.719; and a corporate There are numerous instances where the IEPA guarantee, pursuant to 35 Ill. Adm. Code 811.720. Further, surety bonds and (and taxpayers) have been 'left holding the bag" cosure insurance, pursuant to 35 III. Adm. Code 811.711, 811.712 and (so to speak) when a "self - insured' company has 811.714, respectivelv, shall not be secured from a comoanv that is affiliated with gone bankrupt. Waste Management Illinois has IO Ili I i i Fox M ®rraone//Y®rrkvMe Agreement os sHent on cost reombursemento NOT SLIENT 10OV7 WAMN7 �T Trade ohs sctMV fors Kendall CON City of Yorkville Comments KLC or Waste Management Illinois or a parent. subsidiary or affiliate of KLC or agreed to obtain financial assurance through a � � � (e � the � � � �� lowe Waste Management Illinois. third party, such as a bank or insurance company. Waste Management Illinois will have to pay a bank or insurance company a significant sum of money to provide financial assurance (precisely the n n �y nO � th n n a r d reason most operators opt to self-insure). \ �I � \ �I u �J u §6.4. County Reimbursement, In addition to the Host Community Fee and Fox MorainetYorkvg ��111 le Agreements silent on 'Kendall County Agreement reimburses the host _n �7 Lump Sum Payments, Waste Management Illinois shall pay the County an cos: reimbursement. community for oversight costs. dogs ®� � �� `�' � I �11(�g hen � house. � (r?S n ,amount not to exceed $100,000 per year to reimburse the County for its IIJJ a IIISSS llll 1111 vv �vl v reasonable and documented costs of inspecting and monitoring compliance of the Landfill with the Act, this Agreement and Siting Conditions. Said reimbursement shall be made within 30 days of receipt of documentation of l� fl ® Ifl� fy— costs, unless the costs are disputed. In the event of a dispute, Waste I�'� }I 1 //�1 �fel I'Phl �5 ��1 n Management Illinois shall pay the undisputed amount. Waste Management tl V h s s �J IJ CQl h l Illinois and the County shall attempt in good faith to resolve any disputes concerning the reasonableness of the costs and adequacy of documentation. Unresolved disputes arising under this §6.4 shall be resolved pursuant to Article 8 (Default and Remedies) of this Agreement. §6.10. Capacity Guarantee for In -County Waste. Provided Waste Management 18. Disposal Guarantee. For at least 20 years "Fox MorainefYorkville Agreement has a Illinois is permitted for a landfill which is designed to accept at least 35 million after the Anniversary Date, or for the life of the disposal guarantee; but only for solid waste bank yards of waste, Waste Management Illinois agrees to provide adequate Landfill (if a longer parted of time), Fox Moraine, generated within the City of Yorkville. The Kendall disposal capacity for all waste received from municipalities in Kendall County for LLC shall allow the City access to disposal County Agreement provides for the entire County, a period of 15 years from the date the Landfill commences operation at a capacity at the Landfill for all of the Solid Waste including Yorkville. disposal fee no greater than the lowest fee charged by Waste Management which is generated within the City's boundaries Illinois in any waste contract negotiated with a municipality outside Kendall and which is not defined as Hazardous Waste, County. Nothing herein shall preclude the County, or any municipality located provided, however, that Fox Moraine, LLC is within the County, from negotiating a Capacity Guarantee Agreement with permitted to receive said Solid Waste. Fox Waste Management Illinois. For the purposes of this §6.10, a "municipality" Moraine, LLC's obligation to allow the City access includes any unit of local government. Solid Waste to disposal capacity shall extend only to Solid Waste which is generated within the City. At all times during which the Landfill Is in operation, Fox. Moraine, LLC shall provide fist priority to the disposal of the City's Solid Waste. § 7A, The Landfill will at all times be designed, constructed, operated, and Fox MoramefYorkville Agreement Is silent *Kendall County Agreement ensures that the closed by Waste Manaqement Illinois with the intention of being converted to a Landfill will not look like a big mound. As stated i 'For, Rji®raone6Y®rkv!He Agreement has a dsposa� guarrantee; but one y for soft) vs\ aste generated vwKNn the My ®� Y®rrkvMe. M037 QO UEHE vii EM7 70 S 0T DVE M MU M TERMS Kendall Coyr♦,y City of Yorkville Comments �q Imo} ,/�, (� 9 KLC or Was a anagement Illinois or a parent, subsidiary or affiliate of KLC or agreed to obtain financial assurance through a ty, such lrJ� �t Pfi1 l f �� 511 f Waste Management Illinois. third parch as a bank or insurance company. !n� U u u ll LI a l a lrs v Waste Management Illinois will have to pay a bank insurance company a significant sum of money � r � (p �� n ° r � I provide financial assurance (precisely the u ll a a LI e V l d a u u a 9 - re n most operators opt to self - insure). §6.4. County Reimbursement, In addition to the Host Community Fee and Fox Moralna/Yorkville Agreement is silent on -Kanapfl County Agreement reimburses the host Im 51 ffil ®Pfii o Lump Sum Payments, Waste Management Illinois shall pay the County an cost reimbursement comm fly for oversight costs. s I I J y_// C�.l l! IJ IJ IJ amount not to exceed $100,000 per year to reimburse the County for its ❑_ �t� reasonable and documented costs of inspecting and monitoring compliance of c I•� IySI (( (I �p�� ? �LI IJ �j an d the Landfill with the Act, this Agreement and Siting Conditions. Said a IJ IJ h to ll reimbursement shall be made within 30 days of receipt of documentation of costs, unless the costs are disputed. In the event of a dispute, Waste Management Illinois shall pay the undisputed amount. Waste Management ++\ hl �j�j �� ' ©� ®� ° Illinois and the County shall attempt in good faith to resolve any disputes ! �7_ u u Li IIISSS concerning the reasonableness of the costs and adequacy of documentation. Unresolved disputes arising under this §6.4 shall be resolved pursuant to Article 8 (Default and Remedies) of this Agreement. - §6.10. Capacity Guarantee for In -County Waste. Provided Waste Management 18. Disposal Guarantee. For at least 20 years "Fox Moraine1Y°xkviHe Agreement has Illinois Is permitted for a landfill which is designed to accept at least 35 million after the Anniversary Date, or for the life of the d s guarantee; but only for solid waste bank yards of waste, Waste Management Illinois agrees to provide adequate Landfill (if a longer period of time), Fox Moraine, generated within the City of Yorkyllle. The Kendall disposal capacity for all waste received from municipalities in Kendall County for LLC shall allow the City access to disposal County Agreement provides for the entire County, a period of 15 years from the date the Landfill commences operation at a capacity at the Landfill for all of the Solid Waste including Yorkville. disposal fee no greater than the lowest fee charged by Waste Management which is generated within the City's boundaries Illinois in any waste contract negotiated with a municipality outside Kendall and which is not defined as Hazardous Waste, County. Nothing herein shall preclude the County, or any municipality located provided, however, that Fox Moraine, LLC is Within the County, from negotiating a Capacity Guarantee Agreement with permitted to receive said Solid Waste. Fox Waste Management Illinois. For the purposes of this §6.10, a 'municipality" Moraine, LLC's obligation to allow the City access includes any unit of local government. Solid Waste to disposal capacity shall extend only to Solid Waste which is generated within the City. At all times during which the landfill is in operation. Fox Moraine, LLC shalt provide fist priority to the disposal of the City's Solid Waste. § 7.1. The Landfill will at all times be designed, constructed, operated, and Fox Moraine/Yorkville Agreement is silent *Kendall County Agreement ensures that the closed by Waste Manaoement Illinois with the intention of beinn converted to a Landfill will not look like a big mound. As stated 11 - Foy, DVgorrao eNorrkvMe Agreement os Oentl on future use of the property by the Uty or any other pub ft entRy. Act C rftr ja 2 and 3 and SKIng DTdc nanc e a00 roc uor s and use fan � f� Kendall Countv City of Yorkville Comments ' n f ®ir " " a ft n to [ future passive recreational or open space end use developed in coordination above, Article 7 of the Agreement has significant with the County or other local ark lannin en les . On the first anniversa financial implications for Waste Management ty ti P 9 thy( ) N of the issuance of an operating permit for the Landfill Waste Management Illinois. It is less expensive to build a big mound. presented � n a p p � c a� � ®n o Illinois shall provide the County with $150,000 to fund a local government Designing topographic relief into -the Landfill (to working group to develop an end -use plan for the closed landfill and Property. avoid the "mound" effect) results in lost air space Said group shall include at least one individual or organization with expertise in and dollars for the landfill operator. The "Fox horticulture and open space planning and landscape architecture. Such plan Moralnefforkvllle Agreement is silent on End may be implemented in phases. To ensure this future end -use objective, the Use. The County's goal is to provide a public Hear �f from y ou u 11 51 a IJ LI f {�l Landfill shall be designed, constructed, developed, operated, and maintained amenity that the County and its residents will be tl 11 IJ tl IJ ddddd-- 111 with conformance to the following general end -use performance standards., proud of This is an opportunity to set a national precedent for how a landfill developer and a host n ❑ community should work together to enhance the L� environment. - Kendall County Agreement funds a public process for developing an End Use Plan and suggests that landscape architects of national ct I1 ,r7 ❑ renown participate in the process. S u bj ect Il lam✓ 11 IJ 1�1J l.5 r' rc O f ill' /�" I � 1 r j O n (� u 7.1. Upon IEPA certification of final closure of the Landfill, the County Fox Moraineftrkvi le Agreement is sent on *Kendall County Agreement establishes Design v L_h Il 11 c?J shall have the right to lease the Properly after closure for use in a manner fulu a use of the pro^rerty by the CYy or any other Criteria (that define how the Landfill will be consistent with the End Use Plan. This §7.2 applies when the County elects to public entity. constructed) to accommodate the End Use Plan. _ lease the Property. The lease shall contain the following terms: 7.1.1. The lease shall be for a term of 99 years, subject to automatic renewal for additional 99 year terms unless the County issues a notice of termination to Waste Management Illinois one year prior to the expiration of each 99 year term. 7.1.2. The County shall pay Waste Management Illinois an annual rent of $1.00. 7.1.3. The County's use of the Property shall be consistent with the End Use Plan. 7.1.4. The County shall pay insurance on the Property and Waste Management Illinois shall be named as an additional insured. 7.1.5. The County shall pay all utilities with the exception of those utilities related directly to the maintenance of the Landfill (for example, electricity to operate blowers). 7.1.6. Waste Management Illinois shall indemnify and hold the County harmless against all claims arising in connection with the release or threatened release of waste constituents from the Landfill. 7.1.7. The County shall be responsible for maintenance and upkeep of 12 7.1.8. The County may assoggn ohs roghts under this lease to a tNrrd - party or enter onto suNsases. 100 M07 IRIECOMMEND Kendall Countv City of Yorkville Comments Concert a n u sue' the Property, except that Waste Managen}6nt Illinois shall be responsible for any maintenance and repair of the Landfill including the final cover). 7.1.6. The County may assign its tight.- under the lease to a Orrd -party or ente leo 7 Another �( �� 7.1.9. 1.9. Alterations and improvements to the Property shall be subject to the approval of Waste Management Illinois, which approval shall not be unreasonably withheld, to ensure that the integrity of the Landfill is not compromised. 7.1.10. Waste. Management Illinois shall have access to the Property as necessary for the maintenance and repair of the Landfill. 7.1.11. Waste Management Illinois may reasonably restrict access to specific areas of the Landfill that it reasonably deems necessary to protect visitors to the Property or to protect components of the Landfill. 7.1.12. The County shall be responsible for the payment of property taxes on the Property. 7.2. Upon IEPA cenification of final closure of the Landfill, the County Fox MorainafYorkville Agreement is silent an `Kendall County Agreement details the terms of shall have the right to lease the Property after dosure for use in a manner public access or use of the property after the future government use and access. consistent with the End Use Plan. This §7.2 applies when the County elects to landfill is closed. lease the Property. The lease shall contain the fallowing terms: 7.2.1. The lease shall be for a term of 99 years, subject to automatic renewal for additional 99 year terms unless the County issues a notice of termination to Waste Management Illinois one year prior to the expiration of each 99 year term. 7.2.2. The County shall pay Waste Management Illinois an annual rent of $1.00. 723. The County's use of the Property shall be consistent with the End Use Plan. 7.2.4. The County shall pay insurance on the Property and Waste Management Illinois shall be named as an additional insured. 7.2.5. The County shall pay all utilities with the exception of those utilities related directly to the maintenance of the Landfill (for example, electricity to operate blowers). 7.2.6. Waste Management Illinois shall indemnify and hold the County harmless against all claims arising in connection with the release or threatened - release of waste constituents from the Landfill. 7.2.7. The County shall be responsible for maintenance and upkeep of the Property, except that Waste Management Illinois shall be responsible for am, maintenance and repair of the Landfill fincludinq the final coven. 13 'We expressed concern that such a "pr�vate" rev�ew of a " d raft" appHcaUon as to if%ffhetherr K masts statutory sklong crkerroa casts a shadow ever the enUrre sMng process. Messed by Appeflate No "Nazzing" [but a Kendall County City of Yo*wlla Comments c for more 7.2.8. The County may assign its fights under the lease to a third -party v or enter into subleases. .rL 7.2.9. Alterations and improvements to the Property shall be subject to ('flj �O (' ll 11 ll IJ f�('fi fit �j a lS 7 r O f Ftl the approval of Waste Management Illinois, which approval shall not be IJ lJ 11 IJ unreasonably withheld, to ensure that the integrity of the Landfill is not compromised. 7.2.10. Waste Management Illinois shall have access to the Property as necessary for the maintenance and repair the Landfill. C om p are `! j u �,� ffi c Man n 7.211. Waste Management Illinois may reasonably restrict access to u u u specific areas of the Landfill that it reasonably deems necessary to protect visitors to the Property or to protect components of the Landfill. R ��n �71� �I .r1 7.2.12. The County shall be responsible for the payment of property ` / /\,II Ill`f /I� `�\1 ( ��j'fj}� f'�yd taxes on the Property. V L it ll�ll ll J I 1 I U §9.12. County Obligations. The County shall assist KLC and Waste 21. PRE - FILING REVIEW OF SITING \review Fox orainelYorkville Agreement Management Illinois in protecting the health, safety and welfare of its citizens by APPLICATION. The City and Fox Moraine, LLC s the City f Yorkville to engage in a pre - taking all reasonable steps within its power to offer technical and socio- agree that prior to the formal submittal of a on review Fox Moraine's application for economic advice to KLC and Waste Management Illinois, where appropriate. Facility siting application by the Company to the pproval — o Iside of the public hearing The County shall also aid In public education concerning the process for siting a City pursuant to Section 39.2 of the Act, there . The County ade it dear to all potential pollution control facility under the Act In a manner and to the extent which the shall be an opportunity fora pre- filing review to be ts that we ouid not 'bless' the County its sole discretion, deems appropriate. By entering into this Agreement, conducted. The pre -filing review shall consist of on in private a behind closed doom, however, the County does not assume any obligation, or make any the Company submitting a final draft of the siting t was submitted r public review. 'Afa representation to Waste Management Illinois, with respect to the collection or application to the City for its review and comment, axprassed concern *,net such a "private" review of treatment of Landfill leachats. The City shall have up to thirty (30) days from the a 'draft° applcation as to whether it meets date the final draft is provided to the City to statutory siting c60a casts a shadow over the conduct its review and provide comments to the entire siting. process. Company. The Company and the City agree to communicate and meet as necessary in order to complete the review process within not more than the 30-day time limit The Company and the City acknowledge that the Company may, at its sole ! discretion, make changes in the siting application as may be recommended by the City. 14 ytl. unties in which proposed facilities Coup es on , AAdNch proposed facH es were subject to pre-filing review Jo Davies p spp I JO Davies IStc henson Ste hen Wnrrebago 3OO Mchervy Lake p Wnrobago hlchenry take { Canoll Carroll Oglo De Kalb K° ^C De Kalb ^° Du Page Cook CocN Whitasitle Lea Wnaesitle Lea Kendag Kendall M11 Rock Island W, Rock Island Bureau Bureau Henry LaSalle Henry LaSalle Mercer PNnam y Gmntl Grund Mercer PNnam y Stark Kanlmlme SWk Marshall Marshall Knox Krox M— Peoria Woodford UN pion Waaen Woodford Llnngslcn ender Iroquois entle koquols Ford Fartl Mcdonough Tazewell Mcdoiwugh Fulton TazawHl Mclean .—k Fukon Mclean ancock Schuyler Mason Schuyler Mason Vermilion De WK Champaign V '" " "' Logan Wm Champaign Menartl LPBan ManaN Adams Sawn Cass -fl Ad— Brown Cass Piatt Macon -- Macon Mo — Morgan Sangamon D U", Morgan Sangamon Douglas Moultrie Etlgar ultrie Etlgar Piko Scott Plkc Scotl Chdsgan CMes Chdstian Gr-- Shelby Greene SWby Clark Clark Mont Cumberland e M.—pin Montgomery ambedand M,—Pin gomary G Jersey I Emnghem Jasper C D Jersey Efhngh. tte L rawfoni tto _ Jasper Faye Cmwlortl Bane Bona Faye Madison Madison Lawrence r Clay Lawrence Croy RlChldM Manon RichlaM Clinton GIIMOn Madan bas abas St Clair St Cla'a v Wayne %Abyne w Washington Jefferson Washirgton Jefferson Mont ^° Monroe Jefferson Parry Hamikon Wh1e Rantlolph Perry Franklin Hamgton White Fanklin JacWOn Gallatin Jackson Gallatin Williamson Saline Williamson Saline .iartlin Hardin Union Johnson Union Johnson P.P. Pope _ Alexan �ula AMxan �ula Massa Massac days f f (-14) Public Notice 0 Request for Site Approval ccc�ccl 90 Backs pr'dcc Hearing A nce� Ghk 1 2 0 (630) 76 1 - 1676 dpn'ce@ance g nk.cc +30 Written Comment +180 Decision + 35 Appeal