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HomeMy WebLinkAboutC2009-536 - 12/8/2009 - ApprovedORIGINAI INTERLOCAL COOPERATION Aransas County WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ARANSAS COUNTY 2009-536 M2009-338 12/08/09 Aransas_County Waste Agmt_Final_20091123[1].doc Page 1 of 19 TABLE OF CONTENTS Article Subject Page Number 1 General Provisions ....................... ..................................................................3 2 Acceptable Waste ........................ ..................................................................8 3 Fees ............................................. ..................................................................9 4 Billing and Payments .................... ..................................................................9 5 Landfill Procedures ....................... .......................................:..........................9 6 Governmental Regulation .............................................................................11 7 Suspension for Force Majeure .....................................................................12 8 Liquidated Damages and Default .................................................................13 9 Representation and Warranties ....................................................................14 10 Governing Law and Venue ...........................................................................1'5 11 Miscellaneous Provisions .............................................................................15 Exhibit A (end; page 19) Aransas_County_Waste Agmt_Final_20091123[1].doc Page 2 of 19 INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT This waste disposal agreement ("Agreement") is made between the City of Corpus Christi ("City") and Aransas County ("Hauler") to address the acceptance, processing, and disposal of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ("Landfill") and requires the Hauler to deliver to the Landfill and pay for the disposal of waste accepted by the City under the terms and conditions of this Agreement. This Agreement is made by the parties pursuant to the provisions of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, debris, and construction/demolition materials, but does not include, for the purposes of this Agreement, hazardous waste, medical waste, heavy brush, recyclable materials, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, car- pet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Construction/demolition materials means waste resulting from construction or de- molition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Effective date means the date on which the last party to this Agreement executes this document. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material ad- Aransas_County_Waste Agmt Final_20091123(1].doc Page 3 of 19 verse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying on the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any federal, State, or local court, administra- tive agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the nonperfor- ming party, and the non-performing party does not control the administra- tive agency or governmental officer or body, provided that the diligent con- test in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change in interpretation, after the date of this Agreement, of any federal, State, or local law, regulation, rule, requirement, or ordinance that affects the interpre- tation or application of the provisions of this Agreement, excluding properly enacted increases in the published disposal rates. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City, and including an interruption caused by emergency conditions. (e) A strike, lockout, or other similar labor action. (f) The failure to obtain or maintain any essential permit or license from any governmental unit through no fault of the affected party (the party claiming a Force Majeure). Garbage means putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, resi- dences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, Aransas_County_Waste Agmt Final_20091123[1].doc Page 4 of 19 and boardinghouses, but does not include sewage, body waste, or industrial by- products. Generator means the person that creates a solid waste. For the purposes of this chapter, a construction or repair contractor or landscape or tree service is con- sidered to be the generator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a cus- tomer. Abusiness or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are returned to the business or commercial establishment that made the delivery. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous sub- stance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promul- gated the Act (including, without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C., 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, trans- portation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or byproducts material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or de- fined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Landfill or by any other federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: Aransas_County_Waste Agmt Final_20091123[1].doc Page 5 of 19 (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. (e) Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of hazardous waste from the provisions of this Agreement. Heavy brush means tree and shrub limbs and trimmings which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Notwithstanding the inclusion of the definition of this item, the parties to this Agree- ment are specifically excluding the acceptance, handling, and disposal of heavy brush from the provisions of this Agreement. Household appliance means general household appliance that will not fit into a refuse receptacle including: (a) Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item con- structed primarily of plastic or other non-metallic parts. (b) Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Landfill means the City's Cefe Valenzuela Municipal Landfill located in Nueces County, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health-care related facilities and asso- ciated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. Notwithstanding the inclusion of the definition of this item, the parties to this Agree- Aransas_County_Waste Agmt Final_20091123[1].doc Page 6 of 19 ment are specifically excluding the acceptance, handling, and disposal of medical waste from the provisions of this Agreement. Published disposal rate means the published tipping rate for commercial vehicles based on weight, as published in Section 21-41(e)(2)A of the City Code of Ordi- nances (hereinafter referred to as the "Code"), less the difference between the municipal solid waste system service charge published in Section 21-47(b)(1) of the Code and the credit published in Section 21-47(b)(5) of the Code and any appli- cable State or federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of recyclable materials from the provisions of this Agreement. Refuse means a mixture of garbage, rubbish, and other waste that is normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, which consists of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the site operating plan for the Landfill that is generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Specifically, "solid waste" for the purposes of this Agreement does NOT include hazardous waste, heavy brush, and medical waste. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at the City's disposal site. TCEQ means Texas Commission on Environmental Quality. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construc- tion/demolition material, but including small items, such as a small household appliance, that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan, or that have been excluded from this Agreement. Additionally, for the specific purposes of this Agreement, unacceptable waste also includes heavy brush, recyclable materials, medical waste, and hazardous waste. Aransas_County Waste Agmt Final_20091123[1].doc Page 7 of 19 USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and includes correlative words of feminine and neuter genders, and words importing the singular number means and includes the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agree- ment takes effect upon the authorized signature of the last party signing ("effective date") and continues in effect for a term of one (1) year. Following the initial one- yearperiod of this Agreement, the parties may mutually agree to renew and con- tinue this Agreement. Unless notification is sent by a party desiring termination not later than 90 days before the anniversary renewal date of this Agreement, such Agreement will automatically continue for an additional renewal period. This Agree- ment may be renewed by the parties for an additional nineteen (19) one-year periods following the initial term. 1.3.2. Upon the expiration or termination of this Agreement, the Hauler's obliga- tions to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3. However, by mutual agreement of the parties, the provisions of Sections 9.3 and 11.13 survive the expiration or termination of this Agreement. 1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co-mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this Agree- ment (and similarly excluded from the definition of acceptable waste in Section 1.1), should in the future be reclassified as acceptable waste. 2.2. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver heavy brush and hazardous, medical, or unacceptable waste to the City. Aransas_County Waste Agmt Final_20091123[1].doc Page 8 of 19 2.3. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator, and legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the gene- rators of any hazardous, medical, or unacceptable waste delivered to the Landfill. ARTICLE 3. FEES 3.1. Acceptance Fee. The discounted acceptance fee for 100% of acceptable waste delivered by the Hauler to the Landfill is seventy-two percent (72%) of the published disposal rate, plus any mandated federal or State fees. 3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. ARTICLE 4. BILLING AND PAYMENTS. 4.1. Billing. The City shall provide a monthly bill to the Hauler. 4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date") shown on the bill. 4.3. Disputes. 4.3.1. In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.3.2. The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. 4.3.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.3.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall promptly pay the amount due. 4.4. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.5. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abate- ments, refunds, or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES. 5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler underthe terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. Hauler shall deliver all acceptable waste generated within its boundaries to the Landfill. Aransas_County Waste Agmt Final_20091123[1].doc Page 9 of 19 5.2. Rejection of Solid Waste. 5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. However, the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery in the event Hauler's account is in arrears. 5.2.3. The City is not obligated to accept waste if the Hauler fails to comply with any published delivery procedures. 5.2.4. The City is not obligated to accept waste if a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.4. Delivery Schedule. 5.4.1. During the term, the Hauler may deliver acceptable waste to the Landfill during its normal posted hours of operations. 5.4.2. The City will open the Landfill for at least 58 hours during weeks without City holidays. The City reserves the right to expand or reduce Landfill hours as it deems necessary. If the City reduces Landfill hours, the City will notify the Hauler of such changes in writing within 24 hours of said determination, unless reduced due to an unavoidable circumstance. 5.4.3. The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.4.4. Except in a Force Majeure, the City will endeavor to provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 5.5. Delivery Procedures. 5.5.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit A. Aransas_County_Waste_Agmt Final_20091123[1].doc Page 10 of 19 5.5.2. The City reserves the right to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.6. Delivery Vehicles. 5.6.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the hauler or generator of solid waste being delivered to the Landfill. 5.6.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.6.3. The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance re- quirements, or the delivery procedures established by the City. 5.6.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.7. Front of Line Privileges. 5.7.1. The City will provide front of line privileges to the Hauler and other haulers with similar agreements with the City. 5.7.2. The City may at its discretion suspend front of line privileges under this Agreement when waiting times to tip for other permitted haulers at the Landfill ap- proach thirty (30) minutes. ARTICLE 6. GOVERNMENTAL REGULATION. 6.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transporta- tion, and disposal of solid waste is subject to regulation under both federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. 6.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. Aransas_County_Waste Agmt Final_20091123[1].doc Page 11 of 19 6.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti-discrimination, affirmative action, and minority business opportunity laws. ARTICLE 7. SUSPENSION DUE TO FORCE MAJEURE. 7.1. Suspension of Obligations. 7.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 7.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 7.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, pro- cess, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of Landfill capacity shall be determined by the City in its sole discretion. 7.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 7.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 7.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. 7.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 7.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties Aransas_County Waste Agmt Final_20091123[1].doc Page 12 of 19 shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 7.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 8. LIQUIDATED DAMAGES AND DEFAULT. 8.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 8.2. Events of Default of the City. The City is in default if it makes a general assign- ment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, appli- cation, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custo- dianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 8.3. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 8.3.1. The Hauler fails to pay any amounts including, without limitation, the acceptance fee and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 8.3.2. The Hauler fails to observe and perform any other material term, covenant, or obligation contained in this Agreement, the Site Operating Plan, or other agree- ments or policies to which either the Hauler is subject and the failure continues for a period of ten (10) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 8.3.3. The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for Aransas_County_Waste Agmt Final_20091123{1].doc Page 13 of 19 relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 8.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non-defaulting party has the following rights and remedies: 8.4.1. Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 8.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 8.4.3. Following ten (10) days notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 9. REPRESENTATION AND WARRANTIES. 9.1. Representations and Warranties of the Hauler. 9.1.1. The Hauler, by this Agreement, represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler and has, before entering this Agreement, delivered to the City evidence of the authority. 9.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contem- plated by this Agreement throughout its term. 9.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the oblige- tions and transactions contemplated by this Agreement. Aransas_County Waste Agmt Final_20091123[1].doc Page 14 of 19 9.2. Representations and Warranties of the City. 9.2.1. The City, by this Agreement, represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 9.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the oblige- tions and transactions contemplated by this Agreement. 9.3. Liability for Breach. It is understood and agreed that the parties to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obli- gation of this Agreement. This section survives the expiration or termination of this Agree- ment. ARTICLE 10. GOVERNING LAW AND VENUE. 10.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 10.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division, unless a provision of law bars such venue. 10.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obli- gations of the parties to make any payment or render any service required by this Agree- ment orthe rights of the parties under this Agreement. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1. Entire Agreement. This Agreement merges and supersedes all- prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 11.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 11.3. Amendments and Modifications. This Agreement may not be amended or modi- fied except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. Aransas County Waste Agmt Final_20091123[1].doc Page 15 of 19 11.4. Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 11.5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Operations. 11.6. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this section. Hauler: Aransas County Attn: Direc . r, Environmental Health Services ~1 '~ocl~~o~-~- ~-T~o~ ~1 3~~ (361) `r~I~®- ~~1~.-~ Phone (361) Iq,®- ~ I~~ Fax City: City of Corpus Christi Attn: Director, Solid Waste Operations 2525 Hygeia Street P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-1965 Phone (361) 826-1971 Fax 11.7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. The parties also recognize that the Hauler's continuation of this Agreement is subject to the identical provisions of this section, albeit with a different applicable fiscal year ending date. 11.8. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 11.9. Duplicate Originals. This Agreement may be executed in duplicate originals, any one of which is considered to be the original Agreement for all purposes. Aransas_County Waste Agmt Final_20091123[1).doc .Page 16 of 19 11.10. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdic- tion, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 11.11. Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obliga- tion or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 11.12. Headings for Convenience. The headings in this Agreement are for convenience and reference only and in noway define or limit the scope or content of this Agreement or in any way affect its provisions. 11.13. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 11.14. Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. (EXECUTION PAGE FOLLOWS) Aransas_County Waste Agmt Final_20091123[1].doc Page 17 of 19 AGREED TO BY THE PARTIES: ~, t ~-~'CEST; t.. ~,• ~- 4 ,.. .~ i ~y Pe y ~ Friebele County Cler•~r' ,, cy ,Date:. •, ~,l~irn,~i~. aS~ ~Qp9 ARANSAS COUN C. H. "Bu'r~'rM County Judge Date: / I.~~,~.e~~c.. ~`~. ~ 9' Ap oved to f rm: T is~ay of 009 Richard Bianchi County Attorney ATTEST: Armando Chapa City Secretary Date: /~/~~/a~ CITY OF CORPUS CHRISTI ~~~ `Ay1~eYR. Escobar ty Manager Date: l L y ~ © ~ Approved as to form: This ~ of 2009 Eliza h Hundl Assis ant City Attorney for the City Attorney ~; "'`~~ ~g . AUTHORI2E~ ~ c~oUKCI~ ..1~.~g ~a`~ .._.__ 8ECRE"I'ARY ~ . Aransas_County_Waste Agmt Final_20091123[1].doc Page 18 of 19 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA MUNICIPAL LANDFILL Aransas_County_Waste Agmt Final_20091123[1J.doc Page 19 of 19 Linda Garcia From: Richard Bianchi [rbianchi@aransascounty.org] Sent: Tuesday, November 24, 2009 1:47 PM To: Linda Garcia Subject: FW: Fwd: Revised Interlocal for commissioners ----- Original Message ----- From: Elizabeth Hundley <el_za__bethh@cctexas.com> To: <rba_n__ch@_aransascounty._o__rg> Cc: Date: Monday, November 23 2009 04:42 PM Subject: Fwd: Revised Interlocal Richard: Good talking with you. Following our conversation, I revised the agreement as discussed. I was also able to eliminate an additional page by making the following changes: (1) Deleted the definitions for "Coastal Bend Council of Governments" and "jurisdictional waste" as neither word is used anywhere else in the document. (2) Revised language in Section 5.1 (3) Revised language in subsection 5.7.1, since we're using an Interlocal agreement instrument. (4) Restyled title for Section 3.1; merged former subsection 3.1.1 into Section 3.1; reinserted "100%" for clarity (100% of "acceptable waste" which excludes heavy brush, recyclable materials, and medical and hazardous waste, as the parties have agreed). Also inserted/revised as follows: (1) Revised the page numbers in the Table of Contents. (2) Inserted blank lines in the notification address block (Section 11.6) so the information can be added (since I don't have it). (3) Revised subsection 1.3.3 to accurately reflect the correct referenced sections. (4) Revised definition for "unacceptable waste" to name the specific items to be excluded under the agreement (heavy brush, etc.) Should you need anything tomorrow, please contact me--I'm in the office all day. Best regards, Elizabeth 11 /24/2009 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA MUNICIPAL LANDFILL Aransas County Waste Agmt 20091106.doc Page 22 of 24 City of Corpus Christi Cefe ValenzueIa Landfill Municipal Solid Waste Permit No. 2259 Part IV Site Operating Plan Nueces County, Texas July 2007 Version 1 HDR Engineering, Inc. 17111 Preston Road, Ste. 200 Dallas, TX 75248 -S-Gao-1 a~ t~~~ ~~~- :~.. - ~~ ~ `6'T'1~~ ~~` ~~ This dacumettt is released for the purpose of review only under the authority of Michael W. Oden, P.E. # G7165. It is not to be used for bidding or construction. Forpages ~ thru C L City of Corpus Christi Cele Valenzuela Landfill Municipal Solid Waste Permit No. 2269 Part N Sfte Operating Plan Nueces County, Texas August 2007 Version 2 HDR Engineerintg, Inc. 17111 Preston Road, Ste. 200 Dallas, TX 75248 City of Corpus Christi Site Operating Plan for Cefe Valenzuela LandfiiI Table of Contents 1.0 Introduction ............................................................................................................. l 2.0 Recordkeeping Requirements ............................................................................... .. 3 3.0 Waste Acceptance Rates ....................................................................................... .. 8 4.0 Types of Landfill Personnel .................................................................................. 10 5.0 Types of Equipment .............................................................................................. 15 6.0 Personnel Trairung ................................................................................................ 17 7.0 Detection and Prevention of Disposal of Prohibited Waste .................................. 18 8.0 Fire Protection Plan ............................................................................................... 23 9.0 Access Control ...................................................................................................... 30 10.0 Unloading of Waste .............................................................................................. 33 11.0 Facility Operating Hours ....................................................................................... 3S 12.0 Site Signs .............................................................................................................. 36 13.0 Control of Windblown Solid Waste and Litter ..................................................... 37 14.0 Easements and Buffer Zones ................................................................................ 39 15.0 Landfill Markers and Benchmark ......................................................................... 41 16.0 Materials Along the Route to the Site ................................................................... 44 17.0 Disposal of Large Items ........................................................................................ 45 18.0 Air Criteria ............................................................................................................ 47 19.0 Disease Vector Conirol ......................................................................................... 49 20.0 Site Access Raads ................................................................................................. SO 21.0 Salvaging and Scavenging ...................:.............---................................................ 52 22.0 Endangered Species Protection ............................................................................. 53 23.0 Landfill Gas Control ............................................................................................. 54 24.0 Oil, Gas, and Water Wells .................................................................................... 58 25.0 Compaction .................................................................................................... .. 60 26.0 Landfill Cover ..................................................................... ........ ...........:...... .... .... 51 27.0 Ponded Water ........................................................................................................ 66 28.0 Disposal of Special Wastes ................................................................................... 68 29.0 Disposal oflndustrial Wastes ..........................................:.................................... 73 30.0 Visual Screening of Deposited Wastes ................................................................. 76 31.0 Operational Standards for Class i Waste Management ........................................ 77 city of Coipps Christi I July 2U67 Cefe ValeirLUela Landfill -SOP Version 1 City of Corpus Christi Site Operating Plan for Cefe Valenzuela Landfill Table of Contents List of Tables Table 2.1: Recordkeeping Requirements ........................................................................... 3 Table 3.1: Projected Waste Quantities ............................................................................... 9 Table 4.1: Landfill Disposal Operations Staffing Requirements .....................................14 Table 5.1: Minimum Equipment per Waste Acceptance Rate ......................................... I5 Table 8.i: Maximum Size of Working Face & Wet Weather Area ................................. 27 Table 8.2: Fire Type and Extinguishing Agent ................................................................ 29 Table 9.1: Repair and Reporting Requirements for Access Breaches ............................. 31 Table 9.2: Fence Specifications ....................................................................................... 32 Appendices Appendix N-A: Alternate Daily Cover Manufacturer's Information /' S~ Gcxr a s~~ s~.~~ This document is released for the purpose of review only under the authority of Michael W. Oden, P.E. fi 5X65. It is not to be used for bidding or constroction. For pages ~ thru,~ City of Corpus Christi ii July 2007 Cefe Valemuela Landfill -SOP Version 1 'i.0 in~rodluction The City of Corpus Christi's Cefe Valenzuela Landfill (Facility), Municipal Solid Waste Permit 2269, is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The coordinates and elevation are: Latitude 27° 38' 12" N, Longitude 97° 34' OS" W, and Elevation 46.07 feet above mean sea level (msl). The Cefe Valenzuela landfill property covers 2,273.59 acres. The layout wilt include the construction of two Type I municipal solid waste landfill units, which combined measure approximately 8I0 acres. This Site Operating Plan (SOP) is a modification to the currently approved permit 2269, and ,is designed to bring the SOP into conformance with rule changes that became effective in March 2006 by the Texas Commission on Environmental Quality (TCEQ}. The landfill is owned by the City of Corpus Christi (City}. The City is responsible for day-to-day landfill operations using both contract operators and City personnel. This Site Operating Plan (SOP) is intended to provide guidance from the design engineer to the site management and operating personnel. It will facilitate site operations in compliance with applicable TCEQ regulations and current standards of practice in the industry, compatible with the design of the facility. This Plan will serve as a reference source and is to be used as a training tool for Iandfill personnel. The contents of this SOP are consistent with the current pernlit and its supporting documents, except for portions which revisions are necessary to comply with the current SOP niles. The intent of this modified SOP is to provide additional detailed inforniation as required under Subchapter D of 30 TAC §330. . City of corpus Christi ~ July 2047 Cefe Valenzuela Landfill -SOP Version l 1.1 Description of ()n-3ite Facilities The facility includes an approximately 814 acre Type I 1VISW disposal area which tivill be developed in several phases as described in the Site Development Plan. Several buildings will be located on site to serve several functions including an administrative building, maintenance building, scale and scale house and other facilities to service the landfill's operations. City of corpus Christi 2 July 2007 Ce€e Valerrcuela Landfill -SOP Version I 2.0 Recordkeeping Requirements ,~ compliant with the recordkeeping zequirements of 30 TAC § 330.125, the City of Corpus Christi keeps an organized library consisting of a copy of the facility permit, the site development plan, the site operating plan, the final closure plan, the landfill gas management plan, and any other plans required by permit along with all issued modifications, and any temporary authorizations granted. The table below lists the filing location of the xecords, areas/groups, document type, and site location of the records. Table 2.i: Recordkeeping Requirements Document Type Site Locatton Frequency of Submfttal to Site Regulatory of Records Operating Record (see Note 1} Reference Landfill Permit Landfill Office PermitApplication - no additional submittals re aired §330.125(a) Slte Development Plan Landfill Office Permit Application - no additiona( §330.125(a) submittals re aired Site Operating Plan Landfill Office Permit Application -- no additional submiftals re aired §330.125(a) Final Closure Plan Landfi[ Office Permit Application -- no additional §330.125(a) submittals re aired Post-closure Maintenance .Landfill Office Permit Application - no additional §~0125(a} Pian submittals re aired Landfill Gas Management Landfill Office Perlnif Application -- no additional §330.125(a) Pian submittals required Location Restriction Landfi110ffice Permit Application - no additional §330.125(b)(1) Demonstrations submittals re aired inspection Records Landfill Office wI#hln 7 working days of i §330.125(b}(2} etion co Training Procedures Landflf Office Annually §330.125(b}(2}' 330.125 Notification procedures relating to excluding the Landfill Office As required §330.125(b}(2) recei t of rohibifed waste Gas Monitoring Results and Landfill Office Quarterly §330.125(b}(3} Remediation plans Leachafe or Gas Condensate placement and unit design Landfill Office As constructed §330.125(b}(4) documentation Groundwa#er Monitoring documentation Landfill Office Quarterly /Semi-annually §330.125(b)(5} / ~' ~~ ~~ 22 r ZOa~ Pis t 3 "~ City of Corpus Christi s Augeist?A07 Cefe Valenzuela Landfill -SOP 'V'ersion 2 Closure and fast-closure Landfill Office PermitApplication - no addltlonal §330.125(b)(8} Care Plans and related data submiftais re aired Cosf Estimates and Finane[al Landfiii# Office Annually §330.125(b)(7) Assurance Documentation Compliance with small NIA NIA §330.125(b}(8) communii exem tion criteria Copies of correspondence relating to the operafion of the Landfill Office As required §330.125(b)(9} fadlli Copies of correspondence relating to modifications to the Landfill Office As required §330.125(b)(9} ermif, a robals of matters Aocumentafion of receipt of an s ecial wastes Landfill 0#fice As required §330.125(b}(10} Records of s ra -a lied ADC Landfill Office As required 30.125 b 11 Other documents Landfill Office As re aired 330.125 12 Note 1: All documentation and data will be nlaced in the Site Oneratina Record within '7 days of completion or receipt of data, as appropriate Disclosure Statement: "Tn addition to the records mentioned above, the City of Corpus Christi reserves the right to add more documents to the libxary in order to optimize the landfill operations. Tf the City of Corpus Christi decides to add documents to the document library then the table listing the filing location of the xecoxds, areas/groups, document type, and site location of the records will be updated and added to Section 1 of the SOP" All information contained in the SOP records wi11 be furnished to the TCEQ upon request and will be made available at all reasonable times for inspection. The opexatong record as described in this section, plus any other related operational plans, or documents will generally be maintained at the landfill office. 2.1 Breach Related Reporting & Records In the event of an access breach, notice wilt be given to the TCEQ's regional office to document when a breach has been identified and when a repair is completed, if a repair is necessary, and if the repair is not completed within eight hours. The TCEQ's regional City of Corpus Christi ~ August 2007 Cefe Valer~zuela Landfill -SOP Version 2 office will be notified of the breach within 2~ hours of detection. The breach will be temporarily repaired within 24 hours of detection and will be permanently repaired by the time specified to the TCEQ regional office when it was reported in the initial breach report. If a permanent repair can be made within eight hours of detection, no notice will be submitted. A copy of these notices will be retained in the operating record in accordance with 330.131(b)(9). 2.2 Fire Incident Reporting & Records After any waste related fire occurs on-site that cannot be extinguished in ben minutes, the City will contact the TCBQ regional office. The notification will include: contact by telephone as soon as possible, but no later than 4 hours following fire discovery, and a written description of the cause and extent of the fire and the resulting fire response within I4 days of fire detection. The fallowing agencies or personnel will be contacted: r Fire -- 91.1 ^ Landfill Manager -Landfill Office a TCEQ Regional Office 2.3 Itinal Cover Reporting and Records As final cover is applied to the landfill, a lag wiIi be maintained of area covered, date applied, thickness and actinides and management practices. Any damage to the cover, including anticipated repairs will be reported to -the TCEQ and repaired within five days. 2.4 Waste Inspections and Unautliorized Waste Reporting The Landfill Manager will maintain and include in the site operating record the following reports: {I) load inspection reports, (2) records of regulated hazardous or 1'CB waste notifications, and {3) personnel training records. The report will include the date and time of the inspection, the name of the hauling company and driver, the type of vehicle, the size and source of the load, contents of the Toad, indicators of prohibited waste and the results of the inspection. A record of any removal of unauthorized material will be maintained in the site's operating record. City of Co-pus Christi 5 August 20Q7 Cefe Valenzueia Landfill -SOP Version 2 2.5 Long-Term Record Keeping The City will retain all information contained within the Opera#ing Record and the different plans required for the facility for the life of the facility including the post- closure care period. Once the landfill closes, the records will be maintained at the Department of Streets and Sanitation Office. cty afco~pus cl~;se fi August tom Cefe Valenzuela Landfill -SOP Vezsion 2 This page intentionally Left blank. City of Coypus Christi T August 240"7 Cefe Valenzuela Landfill -SOP Version 2 3.0 Waste Acceptance Rates As per the waste acceptance rate requirements of 30 TAC 330.125(h) and 330.675, the City of Corpus Christi is required to perform quarterly reporting to the TCEQ. The waste acceptance rate monitoring is intended to ensure that the facility's operations continue to be adequate when waste acceptance rates increase. Whenever the annual waste acceptance rate as established by the sum of the previous four quarterly summary reports exceeds the annual waste acceptance rate estimated in the permit application, and the waste increase is not due to a temporary occurrence, the City of Corpus Christi will file an application to modify the permit within 90 days of the exceedance. Once the quarterly waste acceptance rates are calculated then an average annual waste acceptance rate will be calculated. Data will be generated from actual scale data. The average is based on quantities accepted at the landfill divided by the actual number of operating days waste is accepted during the reporting period. If an exceedance of the .annual waste acceptance rate occurs, the following provision of the SOP will be evaluated and modified as necessary. ^ Number of operating personnel x Number and types of equipment ^ Waste compaction procedures ^ Odor prevention plan and control r Unloading of waste procedures r Waste screeningproeedures ^ Control of windblown waste and litter ^ Soil management, placement, and compaction of daily, intermediate and final cover ^ Other SOP provisions, as necessary 3.I Projected Waste Acceptance Rates The table below presents a projection of estimated waste acceptance rats based on an assumption that after 2010 the waste accepted per year will increase at 1.5% per year. City of Corpus Christi. B August 2lx?7 Cefe Vaienzuela Landfill -SOP Version 2 i c i Projected Waste Quantities shown in Table 3.1 are consistent with the previously appxoved permit for the Cefe Landfill. Table 3.1: Pz ojecteci Waste Quantifies Year Tons/Year Tons/Da Y Annual % Increase 2003 428,127 1385 - 2004 441,196 1427 3.0 2005 449,446 1454 1.9 2006 426,420 1380 -S.I 2007 432,8I6 1401 1.5 2008 439 309 1422 1.5 2009 445,898 1443 1.5 2010 452,587 1465 1.5 2011 459,375 1487 I,5 2012 466,266 1509 1.5 2013 473,260 1532 1.5 2A14 480,359 1555 1.5 2015 487,564 1578 I.S 2016 494,878 1602 1.5 2017 502,301 1626 1.5 2018 509,836 1650 1.5 2019 517,483 1675 1.S 2020 525 24S 1700 1.5 2021 533,124 1725 i.5 2022 541,121 1751 1.5 2023 549,230 1777 1.5 2024 557,476 1804 1.5 2025 565,838 1831 I.S '~ Based an a 309 day year and annual population growth of 1,S%. Quantities for 2003 to 2006 are based on City records. To determine if the projected waste quantity has been exceeded, each year the previous four quarterly waste quantities (calculated} will be compared to the projected waste quantities in Table 3.1. City of Corpus Christi 9 August 2007 Cefe Valenzuela l.at-d~ili -SOP Version 2 4.0 Types o~ Landfill Personnel 4.1 Organizational Chart The chart below represents the Cefe Valenzuela Organization Chart. Cefe Vatenzuela Organization Chart The City may contract with private entities to perform certain activities at the Landfill. The City understands it is xesponsible for all regulatory requirements of the permit regardless of whether the contractor is responsible for performing specific duties. City of Corpus Christi to 3uly 2U07 Cefe Vaiettzuela Landfill -SOP Version 1 4.2 Key Personnel Job Description The City of Corpus Christi is required to provide a job description for each position held by key personnel on site. The list below presents a description for each key position listed in the Cefe Valenzuela Organizational Chart. Director of Streets m:d Solid Waste: The Director of Streets and Solid Waste (SSW) is ultimately responsible for the overall site management. The contact person for matters related to regulatory compliance is the Director of SSW. Assistant Director ofSolid Waste: The Assistant Director of Solid Waste directs and oversees the overall management and opera#ion of the Solid Waste Services Department. The Assistant Director is responsible for the following: o conducts short and long term planning associated with the collection and disposal of municipal waste; e supports and facilitates the coordination and scheduling of personnel, materials and equipment; ~ prepares and oversees the deparhnent division operating budget, capital outlay, revenues, and fiscal programs; • prepares written reports, documentation, technical datalreports, agenda memoranda on various solid waste issues; and ® prepares and delivers oral presentations on the Division's aspects ofSolid Waste Services operations. Landfill Manager: Under the general direction of the Assistant Director of Solid Waste Services, the Landfill Manger administers the facility's SOP. The Landfill Manager is responsible for assuring that adequate personnel and equipment are available to provide efficient and compliant operations in accordance with the Site Development Plan (SDP), the SOP, and the TCBQ rules and regulations. The Landfill Manager will. serve as the emergency coordinator .during all site emergencies. The duties of the Landfill Manager may be City of Corpus Christi > > .Iuly 2007 Cefe Valenzuela Landfill -SOP Version I assigned to a qualified alternate individual in the event the Landfill Manager is away from the facility. The landfill manager's qualified designee, who must be an employee from a position shown on the organizational chart and who must have the equivalent training as The Landfill Manager shall act on behalf of the Landfill Manager with the same authority and responsibilities required for that position. In addition, the Landfill Manager may conduct random inspection of vehicles for prohibited wastes. CleiefLai:dfitl Foreina~r: The Chief Landfill Foreman monitors landfill operations which include: environmental activities such as management of leachate, condensate, methane collection, and methane flaring; supervises and monitors Iandfill personnel and equipment; and schedules and manages services for equipment and vehicles. Gate fttten~fatits: The Gate Attendants primarily responsibility is to visually inspect the waste loads for unauthorized wastes and maintain complete and accurate records of loads rejected. The Gate Attendants will also direct traffic at the entry gate to the Iandfill to assure a steady flow of Traffic and minimize the possibility of any potential traffic accidents. Tn addition, Gate Attendants may conduct random inspection of vehicles for prohibited wastes. Egrripn:ext Operators: The equipment operators are responsible for the safe operation of both light duty and heavy equipment, which is required to operate the landfill. These employees are responsible for being alert for potentially dangerous conditions, including careless and improper actions of other employees and other authorized persons at the site. The equipment operators general area of responsibilities include, but not limited to, overseeing unloading of waste from vehicles; detecting the presence of unauthorized waste, general site maintenance, construction activities, litter abatement, and site clean up. The equipment operators will intervene as necessary to prevent accidents and report unsafe conditions immediately to the Landfill Manager and /or designee. Tn addition, Equipment Operatoxs may conduct random inspection of vehicles for prohibited wastes. City of Corpus Christi ~ 2 July 2007 Cefe Valenzuelu Landfill -SOP Version 1 Laborers/Spotter: g-ZZ z°o P5°~3 Landfill laborers are responsible for overall site maintenance including IiuGC pica up, general site maintenance, and, in certain instances, waste screening. Some, but not all, laborers on site will be trained to conduct waste screening. 4.3 Key Personnel Minimum Qualifications Criteria The City of Corpus Christi is also required to provide a description of the minimum qualifications for each position held by key personnel located on site, including City and current contractor personnel. The following Table 4.1 shows minimum personnel training and qualifications. . Table 4.>? :Personnel Types and Descriptions Position Training Director of Streets and Solid Must hold and maintain MSW Supervisor Occupationai license Grade A Waste or be able to obtain one within one year of hire. Minimum of five years ex erience in the field of solid waste management. • Must hold and maintain MSW Supervisor Occupational license Grade A Assistant Director of Solid or be able to obtain one wlthia one year of hire. Minimum of five years Waste's experience in the field of solid waste management. Complete training in site saf ,fire rotection and waste screenin . Must hold and maintain MSW Supervisor Occupational license Grade C Landfill Manager~`t within 1 year of hire. Minimum three years solid waste or related re ulato experience, Com lete training in site safet ,fire rotection. Ciuef Landfill Foreman Must hold and maintaut MSW Supervisor Occupational license Grade C within 1 r of ]rite. Com lete trainin in site safe ,fire roteetion. Gate Attendant Waste screenin trainin , QO-hour HAZWOPR within 1 ar of hire. ui went O rator Waste screetrin trainin , 40-hour AAZWOPR within 1 car of hire. Laborer/ otter Waste screcni traini , 40-hour HAZWOPR within 1 ear of hire. ~•111ese personnel will have other duties within the department. fiThe Landfill Manager's designee must possess a license (Class A, B, or C) issued ial accordance with Chapter 30, Subchapter F. The City does intend to periodically contract with private firms to operate portions of the landfill. Private operators must demonstrate qualifications criteria for equivalent positions described in this section. City of Corpus Christi 13 August 2007 Cefe Valenzuela Landfill -SOP Version 2 4.4 Projections of Personnel as a Function of Waste Acceptance Rates The table below lists the types and required staff compared with the waste acceptance rates. The intention of this projection is to make sure that enough qualified personnel are present for the varying Ievels of waste acceptance. Table 4.2: Landfill Disposal Operations Staffing Requirements Personnel 1-1000 TPD 1001-- 2000 TPD 2001 -3000 TPD 3001-4000 TPD Director of Streets and Solid Waste 1 I 1 1 SSW Assistant Director 1 1 I I Landfill Manager 1 1 I I Chief Landfill Foreman I 1 I 1 ui ment erators 3 3 4 4 Gate Attendants 2 3 3 4 Laborers/S otters 3 4 5 b City of Corpus Christy t 4 July 2007 Cefe Valenzuela I,andtilI -SOP Version 1 5.0 Types of ~quipmen# As per the "Types of Equipment" requirements of 30 TAC §330.127(2), the City of Corpus Christi is required to list and discuss in the SOP the description, sizes, types, numbers, and functions of the equipment to be used at the facility. The City's contractor is required to handle the incoming waste after it has been accepted and screened by the City. The waste will be pushed to the proper location and compacted to achieve the desired density and waste elevations. The contractor is also responsible for covering the waste at the end of the day. The table below lists the types of equipment used in day-to-day operations according to the waste acceptance rate. The intention of this list is to anticipate the amount of equipment necessary in the event that an increase in waste acceptance occurs. Table 5.1: Minimum Equipment per Waste Acceptance Rate Equipment 1-1000 TPD 1001 -2000 TPD 2001» 3000 TPD 3001- 4000 TPD Landfill Com actor > 100,000 ibs 2 2 2 3 Bulldozers CAT D6 or E uiva[ent 2 3 3 4 Excavator 180 h ore uivalent 1 1 1 1 Articulating Truck GAT 725 or e uivalent 2 2 3 3 Motor Grader 145 h ore uivalent 1 1 1 1 Front End Loader 140 hp or e uivalent 1 1 1 1 Tractor Mower 1 1 1 1 Picku Truck various models 2 2 2 3 Fuel Truck 1 1 1 1 Water Truck 1000 gallon or e uivalent 1 1 1 1 Water Pump 1 1 1 1 City of Corpus Christi 15 July 2007 Cefe Vatenzuela Landfill -SOP Version 1 The following generally describes the functions of the heavy equipment listed in Table 5.1 above. ~ Dozer/loader -removing, replacing, moving daily and intermediate cover soils; repair levees and berms, building and repairing roads ® Excavator -- general excavation work; excavating for cover soil (daily and interim) ® Dump trucks -transporting cover soil ~ Compactor -compacting waste and cover ~ Water truck -dust control; transporting leachate; supplemental watering ® Scraper moving gravel and soils for daily and intermediate cover soils, levees and berms. m Motor grader -building and repairing on-site roads and drainage features a Tractor Mower- site maintenance, grass cutting ~ Water Pump -operating leachate collection system and for managing areas where water ponding may occur on the site. Disclosure Staten:ent "In addition to the above list, miscellaneous pickups, vans, and other light utility vehicles as well as various pumps, instruments, and safety and training equipment will be on-site as necessary for operational efficiency. At infrequent times, such as during equipment breakdown or periodic maintenance, some pieces of equipment may not be immediately available." City of Corpus Christi tG July 2007 Cefe Valenzuela Lattdfill -SOP Version I 6.0 Personnel Training Asper the "Personnel Training" requirements specified in 30 TAC § 330.127{4), the City of Corpus Christi is requixed to provide training and keep track of the personnel training records necessary to ensures the facility's compliance with rule requirements. Training and safety meetings will be scheduled at least once per month. If a regularly monthly meeting is cancelled, it shall be rescheduled or combined with the scheduled training the following month. Records of personnel attending each training session and the topics covered will be maintained at the site. The training will be provided by qualified personnel. Topics for training may vary each month but must be conducted at Least annually for: 1. Fire protection, prevention and evacuation 2. Fire extinguisher use 3. Asbestos waste management 4. Emergency response S. Litter control and windblown waste pick-up 6. Hazardous waste management and PCB waste detection and control 7. Prohibited waste management 8. Properties of methane gas and safety procedures for methane gas 9. Additional training for job specific activities as needed 10. Safety 1 I. Random inspection procedures Facility personnel must take part in an annual review of their training in accordance with 335.586 (c). The Landfill Manager will review each employee on an annual basis to see #hat adequate training is held to maintain the required licenses and that training in site safety and waste screening is provided at least annually. As per 30 TAC 335.586(a)(2), the training program will include - at minimum -procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; communications or alarm systems; response to fires or explosions; response to ground-water contamination incidents; and shutdown of operations. City of Corpus Christi ~ ~ July 2007 Cefe Vatenzuela Landfill -SOP version I 7.0 ®etec~ion and Prevention of ®iapo~al of Prohibited Waste As per the "Detection and Prevention of Prohibited Waste, Hazardous Waste, and PCBs" requirements specified in 30 TAC §330.127(5), the City of Corpus Christi is required to have a protocol to exclude prohibited waste, including hazardous waste, PCBs, and waste listed in §330.15(e). Prohibited waste includes but is not limited to lead acid batteries, used motor vehicle oil, used-oil filters from internal combustion engines, whole used or scrap tires, items containing chlorinated fluorocarbons (CFCs} unless all the CFCs contained within the item have been properly managed, liquid waste as defined in TAC §330.3 (relating to definitions), regulated hazardous waste as defined in TAC §330.3 (relating to definitions), polychlorinated biphenyl (PCB} waste, as defined under 40 Codes of Federal Regulations part 761, and radioactive material as defined in TAC §336. 7.1 Control of 1(ncaming Waste Incoming waste will be controlled in three ways to preclude the inadvertent receipt of prohibited wastes. First Level of Control consists of informing the customers that make inquiries via phone or in person of the types of waste accepted at the landfill. Screening of waste will also take place at the transfer station prior to waste from this location being hauled to the landfill. Second Level q Control consists of informing key personnel at the landfill of the typical characteristics of these prohibited wastes. Key personnel will be frained according to the "Personnel Training" requirements listed in Section 6 of this SUP. Personnel from both the City of Corpus Christi and the current contractor are instructed to contact the Landfill Manager or his designee on duty if prohibited material is detected anywhere on site. City of Corpus Ciuisti ~ $ Juty 200? Cefe Valenzueta Landitit -SOP Version 1 Thirzl Level o Control will be provided by the Landfill Manager, Gate Attendants, and Equipment Operators. Random inspections of a certain percent of vehicles entering the Iandfill will be made daily at the gate by landfill site personnel listed above. The percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected. The daily random inspections will be filed in the Site Operating Record. Fourth Level of Control will be provided by the Landfill Manager, and/or other qualified personnel at the working face. Random inspections of a certain percent of vehicles at the working face will be made daily by current contractor personnel, the percent of xandomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected from the working face. Trucks wilt be selected via a random number sheet identifying the number of trucks entering the site each day before the random inspection(s) will be conducted. The daily random inspections will be filed in the Site Operating Record. If there is an incident involving the receipt or disposal of regulated hazardous waste or PCB waste at the landfill, the ED and any local pollution agency with jurisdiction will be notified within two days of discovery, as required by §330.127(S)(D). Personnel shall be trained on an on-the job basis by their supervisors related to acceptable and unacceptable wastes. Records of employee training on prohibited waste control procedures shall be maintained in the facility operating record. The personnel shall be trained to look for the following indications of prohibited waste: • Yellow hazardous waste on PCB labels • DOT hazard placards or markings • Liquids • 55-gallon drums • 85-gallon overpack drums City of Corpus Christi ~ 9 July 2007 Cefe Vatenzuela Landfill -SOP Version 1 • Powders or dusts • Odor or chemical fumes Bright or unusual colored wastes • Sludges 7.2 Protocol for Random Waste Inspections The random inspections will be performed daily at the entry point to the landfill and at the working face. The purpose of the random inspections is to detect prohibited waste, hazardous waste, and PCBs that could potentially enter the site concealed within loads of authorized waste. The selection of loads for random inspection will exclude only waste in #ransfer vehicles that has already been screened. a All other vehicles will be included in the pool of loads far random waste inspections. However, if at any time an excluded vehicle outside the pool is found to have suspected waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to random waste inspection consideration. STEPS FOR RANDOM WASTE INSPECTION Step One Direct the selected vehicle to the designated random waste inspection site. Step Two Qualified Personnel will inspect the load seaxching for signs of prohibited waste, hazardous waste, and PCB's that could potentially enter the site concealed within loads of authorized waste. The personnel performing the random waste inspection reserves the right to ask the driver to completely empty the load for a thorough examination. Step Three The results from the random waste inspections loads will be recorded Site Operating Record. Ste~Four In the event that a prohibited waste, hazardous waste, or PCB's is detected then the waste must be managed in accordance with Section 7.3 or 7.4 of this SOP. City of Corpus Chrisri 2e July 2007 Cefe Valenzuela Landfsll -SOP Version 1 7.3 Management of Prohibited Wastes, Hazardous Wastes, and PCB's detected at the Entry Point of Cefe Valenzuela Landfill If a prahibited waste is discovered at the entry point of the landfill, the gate attendant shall immediately notify the Landfill Manager or its designee of the situation. The driver shall he advised that the waste cannot be accepted and where the waste may be disposed of legally. He or she shall be responsible for the proper disposal of this rejected waste. Gate attendants will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. 7.4 Management of Prohibited Wastes, Hazardous Wastes, and PCBs detected at the Working Face If a prohibited waste is discovered at the working face, personnel at the working face shall immediately notify the Landfill Manager or its designee of the prohibited waste Location and actions taken. Prohibited wastes that are not discovered until after they have been unloaded shall be returned to the vehicle that delivered the waste. The driver shall be advised where the waste may be disposed of legally and he or she shal3 be responsible for the proper disposal of this rejected waste. Personnel at the working face or other personnel assigned by the Landfill Manager or its designee will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. In the event that the unauthorized waste is not discovered until after the vehicle that delivered the waste is gone, the waste shall be segregated and controlled as necessary. An effort shall be first made to identify the entity that deposited the prohibited waste and have them return to the site and remove the waste. In the event that identification is not possible, the Landfill Manager will notify the TCEQ and seek guidance on how to dispose of the ~vaste as soon as possible. The Landfill Manager or its designee will enter the incident in the Site Operating Record. City of Corpus Christi zl July 2047 Cefe Valenzuela Landfill -SOP Version 1 7.5 Large Items Containing CFCs Large items containing CFCs will be kept separate from the working face. A licensed contractor will be responsible for removing CFCs in accordance with 40 CFR §82.156{fl. Once CFCs are removed, the appliances can be either recycled or disposed as a Large item in accordance with procedures defined in section 17.0 of this SOP. City of Corpus Christi 22 July 2007 Cefe Valenzuela Landfill -SOP Version Z 8.0 dire Protection Pian As per the "Fire Protection" requirements specified in 30 TAC § 330.129, the City of Corpus Christi is required to have fire protection procedures in place to protect the safety of the employees, protect the environment, and minimize damage to the integrity of the site and structures. 8.1 Preventive Acfions The fallowing steps must be taken by designated landfill personnel as precautionary measures to prevent fires: e Landfill personnel will take the necessary steps to prevent facility access to wastes that might present a fire hazard m Fuel spills must be contained and cleaned up immediately • No smoking will be allowed in prohibited areas and other areas that have not been specifically designed~for smoking ® A stock pile of soil will be kept at the working face to be used as a fire control measure in case a fire occurs in the warking face or adjacent areas. The open burning of solid waste, except for the infrequent burning of waste generated by on-site land cleaning operations or emergency clean-up operations as authorized by the TCEQ is prohibited at the site. Unattended landfill equipment will nvt remain in the active area of the site overnight. Additionally, fuel spills will be contained and cleaned-up in a timely fashion. Dead fines, brush or heavy vegetation will be moved at least 100 feet from the limits of the waste, and grass and weeds around the limits of waste will he moved so that forest, grass or brush fires cannot spread to the landfill. City of Corpus Christi 23 July 2007 Cefe Valenzuela Landfill -SOP Version I 8.2 Fire Protection Training All employees shall receive fire protection training regarding the provisions of this Fire Protection Plan. A review of fire control measures for all landfill personnel shall be conducted on an annual basis. At a minimum, each landfill employee shall receive ixaining regarding the following: p Fire prevention a Procedures to follow to respond to fires ~ Fire fighting techniques • The use and limitations of fire extinguishers • When and who to contact in case of an emergency • Other methods for fire control and prevention 8.3 General Rules for Tire incidents ^ Contact the Fire Department by calling 9-1-1. The City's Fire Department is approximately 3.5 miles away and ready to respond if necessary. ^ Alert other facility personnel. ^ Assess the extent of fire, possibilities for the fire to spread and alternatives for extinguishing the fire. ^ Proceed to attempt to contain ar extinguish the fire only if it appears that the ftre can be safely extinguished with available fire fighting devices and personnel. ^ Do not attempt to fight a fire alone; always wait for back up personnel to arrive. ^ Do not attempt to fight a fire without adequate personal protective equipment. Upon the arrival of the Fire Department, direct Fire Fighting personnel to the fire and inform them of the actions taken. 8.4 Specific Fire Fighting Actions ^ If a fire occurs on a vehicle or piece of equipment, then the first step is to bring the vehicle to a safe stop and isolate it. If the situation allows, the vehicle must be parked away from any fitel sources, uncovered solid wastes, personnel and vehicles. Shut off the engine, engage the brake, or use some other appropriate method to pxevent subsequent movement of the vehicle. City of Corpus Christi 24 July 2007 Cefe Valenzuela Landfill -SOP Version 1 If the fire is in the "working face" the burning area should be isolated and contained. Soils should be directly placed on the fire to prevent additional oxygen from feeding the combustion. If this is not possible or is unsafe, then attempt to cover the woxk face with additional soils, alternate .fire mitigation materials or water spray. A common fire fighting method at landfills include covering the area in question with a significant amount of soil so as to prevent any more oxygen from feeding the combustion. Also, water could be sprayed from the water truck to help extinguish the fire or prevent it from spreading. If a fire is detected early enough, then a small fire may be fought with a hand held extinguisher. Fire extinguishers will be located at the Gatehouse and on each piece of operating equipment. 8.4I Stoc[cpiling Fire-Fighting Materials Generally, the fire-fighting technique that can be quickly employed fo fight a landfill fire is smothering with soil. The faster stockpiled soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2,300 feet of the working face as an aid to fighting fires. A typical fire control stockpile is made up of one day`s worth of daily cover material. Based on the maximum working face size of 150' by 150', a total of approximately 417 cubic yards of soil will be available within 2,304 feet. This amount of soil will vary depending on the quantities of waste accepted at the site. Only one area of the landfill will typically be open at any given time. During wet weather conditions, a wet weather operating area will be maintained, but the normal working area will not be open at that time. During cell transition periods, it may be necessary to operate two areas at the same time. This will be ashort-term condition. Trained staff will be located at both areas. Each quarter, the Landfill Manager will evaluate waste acceptance at the site, and based on the largest quantities accepted per day, establish a stockpile quantity for the next City of Corpus Christi 25 3uly 2007 Cefe Valenzuela Landfill -SOP Version 1 quarter. The calculation will be made by multiplying the active working face area times .5 feet (cover thickness) divided by 27 cubic feet to determine cubic yards of stockpile. The landfill water truck will also beavailable on-site for fire fighting. Sufficient equipment is available on site to provide a minimum of six inches of soil over the working face in the event of a fire; however, this is not always deemed to be the most appropriate method for fire control. Under most circumstances, when the fire is limited to a small area of the site, material that is on fire will be removed from the working face to limit the size of the fire. Once removed, the fire can be extinguished using soil, fire extinguishers, or water from the water truck. If the fire becomes too large for control using these methods, the fire department will be notified immediately. Below is a calculation of the City's ability to place six inches of material over the maximum working face of 150' x 150'. Calculation Assumptions; Amount of soil required =surface area (150'x150') '~ cover thickness (.5') = 417 cubic yards 20 cubic yards per load (average} = 20.85 loads (11 per truck) 10 miles per hour average (includes loading and unloading time) = 880 feet /minute 11 loads @ 2,300' * 2 way = SO,b00 ft / 880 ft per minute = 57.5 minutes which is less than the required 60 minutes. The staff will be trained upon hire and annually in fire protection and containment techniques and will be advised of the procedural listing in this document. Sufficient material will be available for fire prevention and to assist in extinguishing a fire if one should occur. The projected maximum size of the working face will vary with throughput. The working face sizes will be limited to the following sizes under normal site operations. The ranges represent the size of the working face including the wet weather area. City of Corpus Christi '?6 July 2007 Gefe Valenzuela Landfill -SOP Version 1 Table 8,1: Maximum Sixe of Working Face & Wet Weather Area Tons per day Maximum Square Rest of Workin Face 1 -100 2,500 l0I - 1,004 10,000 l,ool . zoaa 22,soo z,ool - 3,000 ao,ooo Under normal working conditions, only one area will be allowed for disposal of municipal solid waste. During wet weather conditions, a designated wet weather area will be used. The maximum size of the wet weather area will correspond to the size of the normal working face. A trained employee staff (equipment operator or spotter) will monitor the working face during disposal operations. 8.s Operational Activities that Store, Process, ar Dispose of Combustible Materials Fueling Tank Operation: The City of Corpus Christi owns a 10,000 gallon fuel tank used for the fueling of heavy equipment vehicles servicing the landfill and surrounding City properties. 8.6 ire Fighting Equipment Facility equipment will include fire extinguishers, a water truck with powered spray capability, earth moving equipment, and a water pump. A fire extinguisher shall be placed at ail buildings on site, on each piece of heavy equipment, and at the fueling station. Each extinguisher shall be inspected at least annually and recharged as necessary. The site will have a bulldozer and earth moving equipment, either a scraper and/or excavator and dump -truck, and water pump available for fire fighting purposes. The bulldozer will be available for spreading soil over the bunting waste and for dispersing any incoming load that is on fire. The scraper or excavator and dump truck will provide cover sails for covering burning waste and for transferring extinguished and cooled loads for disposal. The water truck may be used for dumping or spraying water on fires. The City of Corpus Christi z7 July 2007 Cefe Valenzuela 1.andfll-SOP Version 1