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09/30/1993 - Minutes SALT LAKE VALLEY SOLID WASTE MANAGEMENT COUNCIL AMENDED COUNCIL AGENDA Thursday, September 30, 1993 3 : 00 P.M. West Valley City Council Chambers 3600 South 2700 West West Valley City, Utah BUSINESS ITEMS: 1 . Approval of Minutes (August 12, 1993) 2 . Recommended Changes to SWAB Bylaws & Membership 3 . 1994 Solid Waste disposal Budget - Presentation, Discussion and Request for Preliminary Approval 4 . Request for Acceptance of Waste Excavated at Airport Reasonable Accommodations for persons with disabilities provided upon request. Contact Jan at 963-3220 agendas93 . sep • Minutes of the Salt Lake Valley Solid Waste Management Council held on Thursday, September 30, 1993 at 3 : 00 P.M. , West Valley City Council Chambers, West Valley City, Utah Those present: Lonnie L. Johnson Salt Lake County Kent Miner SLC/County Health Dept. Dr. Ryan Dupont Utah State University Russell Willardson West Valley City/COG Others in Attendance: Daniel L. Bauer Solid Waste Disposal Romney M. Stewart Solid Waste Disposal Bud L. Stanford Solid Waste Disposal Pam Derbidge Solid Waste Disposal Dave Lore Solid Waste Disposal Renee Tanner Mayor' s Office, SLC Brian Bennion SLC/County Health Dept. Joyce Leach Recycling Info. Office Paul Maughan Co. Attprney' s Office Bill Lujan Salt Lake City Dustin Bills Salt Lake City • BUSINESS ITEMS : 1, Approval of Minutes (August 12, 1993) Kent Miner made a motion to approve the minutes of the Council meeting held August 12, 1993; Russell Willardson seconded the motion. The motion passed unanimously. Romney Stewart introduced David Lore, recently hired as the Environmental Technician at the Landfill. Lonnie Johnson indicated at this time that citizen comments were welcome during the proceedings of the meeting. 2 . Recommended Changes to SWAB Bylaws & Membership Romney Stewart introduced a letter from Craig Posselli, Chairman of SWAB, recommending amendments to the SWAB Bylaws and changes in the membership to include a representative from the Salt Lake Valley Landfill, Utah State Department of Environmental Quality, an educator, and a small commercial waste hauler representative. A representative from the League of Women Voters had also been included in the recommendation. Romney Stewart recommended that the amendments to the bylaws and the expanded membership be approved. A list of suggested individuals to serve as these new members on SWAB was also included. Russell Willardson made a motion to accept the recommendation from SWAB to amend the bylaws and increase the membership as outlined; Kent Miner seconded the motion. The motion passed unanimously. Kent Miner also made a motion to accept the recommendation from SWAB of suggested individuals to be asked to serve on SWAB. The motion was seconded by Russell Willardson; the motion passed unanimously. Romney Stewart was asked to proceed in contacting representatives to serve on SWAB. 3 . 1994 Solid Waste Disposal Budget - Presentation, Discussion, and Preliminary Approval Romney Stewart stated that existing revenues will cover 1993 operating and capital expenditures through the end of 1993 . Romney began his review of the 1994 Solid Waste Disposal Budget and indicated that the 1994 proposed budget included a $2 . 00 fee increase beginning July 1, 1994 . The fee increase is needed to fund reserves largely driven by financial assurance, liability, closure, and post closure maintenance costs required by Subtitle D. Changes in 1994 expenditure line items include substantial increases in the professional fees category to obtain base line monitoring data for Subtitle D. Module 3 will be constructed during 1994, providing enough space for disposal of solid waste through 1995 . He noted that there had been a 10% YTD increase in commercial waste; this is substantially greater than the 2% originally projected. Scheduled capital purchases of both on and off road equipment will be made during 1994 . Additional capital project items have been added in 1994 including the Landfill Visitors' Center, the Wildlife Resources Overlook, and the composting processing area. He felt additional input to the budget at the next. Landfill Council meeting would be an excellent idea. (A copy of the budget summary is attached. ) The Council discussed the projected increases in material brought to the Landfill and the increase in revenues as a result of the fee increase. Russell Willardson made a motion to give the proposed 1994 Solid Waste Disposal Budget preliminary approval and recommended a public hearing be held prior to the next Council meeting for input on the proposed $2 .00 per ton fee increase. Kent Miner seconded the motion; the motion passed unanimously. 4 . Request for Acceptance of Waste Excavated at the Airport Kent Miner made a motion to table the request pending an opinion on the request from Paul Maughan of the County Attorney' s Office and a determination from the Salt Lake City/County Health Department regarding the disposal requirements of the material from the Airport runway site under construction; Russell Willardson seconded the motion. the motion passed unanimously. Russell Willardson made a motion to adjourn; meeting adjourned at 3 :20 P.M. mins93 . sep fi • MEADOW VALLEY CONTRACTORS, INC GENERAL BUILDING AND GENERAL ENGINEERING P.O.BOX 121,MOAPA,NV 89025 TELEPHONE 702-864-2575 FAX 702-864-2580 September 15 , 1993 9304-94 Salt Lake Valley Solid Waste Management Council P . 0 . Box 308 Midvale , Utah 84047 Attn : Mr . Bradley Stewart ; Re : Airport expansion project Project No . 1 40-07-91 r,_ • �� i 2 ; 1993 Vv/aS I E DISPOSAL Dear Mr . Stewart : We are currently in the process of constructing Grading and Drainage for the New Runway at the Salt Lake City Airport . A portion of this project involves removal and disposal of "Unsuitable Excavation" . It has become apparent that some of this Unsuitable excavation cannot be disposed of in a demolition landfill as originally planned . Salt Lake International Airport needs an alternate disposal site . We originally anticipated that there may be as much as 45 . 000 tons of material to be disposed of in a .landfill which will accept municipal waste . It is now apparent that we only have 20 , 000 tons yet to be removed and that umber is very likely to be on the high side . It is our intention to place about 14 , 000 tons before March of 1984 . There may be an estimated 6 , 000 tons to be moved later . •YN ':yv a 4`/ v'+)�".*fa.-.,i ii' ,'1,. �r�. s L.'��,'_'.' - i'{',, -• .. September 15 . 1993 9304-94 Page 2 . We request that you consider accepting this material in your facility . If you are not able to accept all of it . could you consider accepting a portion of it? We would also consider a schedule to deliver it over a period of time to allow for your facility to handle the material . The new runway and expanded airport facilities will be of benefit of all of Salt Lake County , including the Jordan area of the Valley . The materials to be excavated originated in the Salt Lake Valley . The materials to be excavated originated in the Salt Lake Valley . and it is impractical to attempt to ship it elsewhere . Because the runway progress now is being held up . your early consideration would be greatly appreciated . Sincerely Yours ; acob N . Je. op Project Manager 1/02/9J-3 13:22 $801 468 2646 SLCo ATY Coy CTR el001/004 - ., • THE OFFICE " 14b)/1 ,$ . I�, . SALT LAKE COUNTY ,kTTORNEY DAVID E.YOCUM COUNTY ATTORNBY III WALTER R.ELLETT.cl-fleFnePvry JUSTICE DIVISION WILLIAM R.HYDE.oiisP DEPUTY Oyu_Donne N DONALD SAWAYA,tt11F:P PEPJTY QQVERNMENTAL SERVICES DIviS1ON SAX TRANSMSSION •f Civil Division 2001 South State .treet Suite#S360 Salt Lake City, Utah 84190-1200 Telephone: (801) 4 -3420 Fax Number: (801) 68-2646 • PERSON SENT TO: 4 • , 7/4.2 Agency Name: Agency Fax Number: 9 I / -- E 9 3 PERSON SENT FROM: Total Number of Pages (including this cover sheet): C OMNfENTS: PRIVILEGE AND CONFIDENTIALITY NOTICE The information in this teIecopy is intended for they, named recipient(s) only- It may contain privileged and confidential material. If you have rece s d this telecopy in error, please notify us immediately by a collect telephone call to (801) 468-3420, d return the original to the sender by mail. We will reimburse you for postage. Do not disclose the con is to anyone. Thank you. • 2001 SOUTH STATE STREET SALT LAKE CITY.U t'AH 84 190.1200 11/02/93 13:22 Ty801 468 2646 SLCo ATY COV CTR 0 002/004 1 ,el f, ror ryC Al li14: % '4'! i. ;- ''r THE OFFICE OFNip ! ii ',` SALT LAKE COUNTY ATTORNEY4rk 4-::e DAVID E. YOCOM • COUNTY ATT)RNeY WALTER R.ELLETT,CHIEF DEPUTY JUSTICE DIVISION I WfLLIAM R.HYDE,CHtEP DEPUTY CJVIL DIVISION DONALD SAWAYA,CHIEF bF.PU Y OOveRNMSNTAL•SERVICES DIVISION 7 October 29, 1093 b R A Fir A. Dennis Norton FOR OFFICE USE ONLY SNOW, 'CHRISTENSEN & MARTINEAU OAT 10 Exchange Place, 11th Floor P. O. Box 45000 Salt Lake City, Utah 84145-5000 Dear Mr. Norton: This office has been asked to *espond to your letter of September 29 , 1993 , written on behalf of Limhi Builders, who has sought permission from the Salt Lake Valley Landfill to accept approximately 20, 000 tons of waste, which is currently in an old Salt Lake city landfill located on land cheduled for an additional runway at the Salt Lake City Internati nal Airport. The Salt Lake Valley Landfill is jointly owned by Salt Lake City and Salt Lake County. Salt LakeCounty is charged with the daily operations of the landfill. Salt Lake County, after consulting with Salt Lake City aid numerous other local jurisdictions and private companies lbcated within the County, recently prepared and filed a statutarily required Solid Waste Management Plan which outlines the Coutity's solid waste disposal plan for municipal solid waste generated within the counts' over the next 20 years. The plan contains no piovision for the acceptance of waste from old or abandoned landfills. There are many such landfills located throughout the county. It would be counter productive to displace capacity which has been designed and constructed to meet Subtitle D reguireients of RCRA for currently generated waste by accepting waste mat „rials located, in these old and abandoned landfills. Contrary to your belief, the Salt Lake Valley Landfill has never accepted such waste in the past! from other landfills and declines the invitation to accept this particular waste material for the following reasons: 2001 SOUTH STATE STREET SALT LAKE CITY,UTAH 8410412(X) . 11/02/93 13:23 $801 468 2646 SLCo ATY GOV CTR U 003/004 A. Dennis Norton October 26, 1993 Page 2 First, since the closure of tI'e City's landfill at the airport, the federal government has ,; adopted new and stringent regulations, under Subtitle D of RCRA regarding the disposal of municipal solid waste. Included an these regulations are requirements for synthetic liners, lea ate collection systems, gas monitoring, and the monitoring of aterials deposited in the landfill to ensure against environmental damage from municipal solid waste. I At the time the City operated thins landfill, there were few, if any, legal or environmental restric ions regarding the types of material disposed of in landfills. In our letter you refer to the subject material as "qualifying solid aste" . However, the City- County Health Department has refused tjo certify or guarantee that the material in the City's landfill coflsists of only material that meets current federal, state and local municipal solid waste requirements. In fact, the health department has found specific items in the waste material that canno ' be disposed of in the Salt Lake Valley Landfill such as lead bateries. By permitting this material in the Salt Lake Valley Landf411, Salt Lake County would be accepting the risk of potential liJability for a waste stream that is currently the sole responsibility of Salt Lake City. Salt Lake County is not inclined to do so. Second, as stated previously, there are many old landfills located in Salt Lake County. Acceptinn this waste would create a perilous precedent if in the future economic or political need were to dictate that one or more of the ;! County's old landfills be excavated. If such waste materials ere taken to the Salt Lake Valley Landfill, the roles would be reversed and Salt Lake City would be accepting potential liability and a risk of loss it currently does not have. Precedet would also have been established regarding waste material from any old or ' abandoned publicly owned landfill. Third, the 20 , 000 tons of waste material you seek to transfer to the Salt Lake Valley Landfill consi t of over three percent of the landfill's current total annual ton age. Even if this material were to be accepted, the nature of this waste would require special handling in that the landfill would re uire that it be placed in a separate area for separate monitoring , o isolate potential future liability. The area requested for disposal would be significantly greater for this type of material . ?It would also require the landfill to expedite future design and. construction of additional modules at increased cost and ahead f current schedules. The impact on landfill capacity and the landfill's current operations by allowing for the separate disposal of this waste material is unacceptable. 1,1/02/93 13:24 '801 468 2646 SLCo ATY GOV CTR 004/004 A. Dennis Norton October 26, 1993 Page 3 The Salt Lake Valley Landfill played no role in the letting of the contract by Salt Lake City Int rnational Airport for the construction of its runway. Neither landfill management nor the County received any written request .or proposal to place this material in an open module. In fact, -io permit was obtained from the City-County Health Department to even begin the excavation of this material at the old City site. The County did entertain a request to receive such material provided it could have been placed on a closed landfill module on property. owned by the State Division of Wildlife Resources and provided the material could have been transferred and the Wildlife proper y restored prior to the effective date of Subtitle D regulation . This proposal was vetoed by the federal government. No other discussions were had regprding placing the material in open modules of the landfill. A spcial handling disposal fee of $20. 00 per ton was quoted to Lilnhi Builders to place the material on the now closed Wildlife Resources module. Even if the material were to be accepted by the Salk Lake Valley Landfill, the special handling fee would be even higher than the present $13 . 00 per ton and higher than the $20.00 pe ton fee quoted earlier in order to meet the special handling coss, on-site inspection costs upon excavation at the airport, the increased risk of liability, and the loss of current landfill capacity. To suggest that this is a probl '�m that can or ought to be handled between two city departments mistates the magnitude of the issues involved as far as the Salt Lake Valley Landfill is concerned. For the reasons stated above, the Landfill Council has voted to decline the acceptance of thi0 material. UN Sincerel -, MI FOR MICE USE ONLY DATE PAUL G. UGHAN Deputy unty Attorney Civil Di ision Telephony: (801) 468-2637 .tt t1imhi,pgm