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Library: Rulings: Consent Decree | |||||||||||||||
United States District CourtSouthern District of Indiana VI. SOLID WASTE SUPPLIED BY THE CITY AND COUNTY 23. The City and County each have determined that landfilling of solid waste represents a less desirable environmental and public health alternative to high temperature incineration. The City and County enter into this Consent Decree separately, independent of the obligations and the rights of the other. 24. Recognizing the public health need for Westinghouse to dispose of existing areas of PCB contamination and the need for the City and County each to dispose properly of solid waste, the City and County, with the authorization and approval of the State, have entered separately into this Consent Decree to dispose of solid waste generated within their respective bound- aries primarily through incineration and to provide an adequate fuel supply for PCB incineration. 25. To effectuate this Consent Decree and under the authority of the State, and pursuant to Indiana Code 36-9-30-5, the City and County shall each through appropriate ordinances, regulations and all other necessary actions, direct that all solid waste generated in the City and County, respectively, that I capable of incineration shall be delivered to the incinerator constructed pursuant to Section XXII. In addition, the City and County shall each bear the responsibility to adopt policies and regulations to ensure implementation of Sections V, VI and VII of this Consent Decree. 26. Commencing no later than thirty days after issuance of the final operating permit required for the incineration of solid waste at the Westinghouse incinerator facility, the City and County shall each deliver and Westinghouse shall accept, incinerate and/or dispose of solid waste as provided in paragraph: 27, 28, 29 and 30. However, the City and County have no obliga- tion to deliver a minimum quantity of solid waste. 27. The City and County shall each cause to be delivered all solid waste generated in the City and County, respectively, that is capable of incineration except: (a) car bodies; (b) white goods including refrigerators, stoves, freezers, water heaters and similar noncombustible domestic appliances; and (c) other metal goods of equivalent size. The County shall maintain an ancillary landfill for disposal of nonhazardous waste inappropriate for incineration and for white goods, as provided for in paragraph 31 below. In the event the City or County inadvertently delivers materials described in sub- paragraphs (a-c) above to the incinerator site, the City or County, as the case may be, shall pick up and dispose of such materials at its expense. Westinghouse is free to return to the generator, in accordance with all applicable statutes and regula- tions and at the generator's expense, any specific waste material contained in the solid waste which Westinghouse identifies as hazardous under state or federal law. 28. Westinghouse shall, at its sole cost and expense, sort all solid waste it accepts pursuant to paragraph 26 above, and shall determine whether such solid waste is appropriate for incineration. 29. Westinghouse shall utilize all appropriate solid waste as fuel for the incineration of PCBs, materials contaminated with PCBs and associated hazardous substances in the Westinghouse incinerator facility. 30. Except as provided in paragraph 27, any solid waste that meets the requirements of paragraph 25 and is subsequently determined by Westinghouse not to be appropriate for incineration shall be properly transported and disposed of or recycled by Westinghouse, at its sole cost and expense, in accordance with all applicable laws and regulations and requirements of the City and County. 31. Recognizing that there will be a period of time before the incinerator can be constructed, that there may be non- hazardous solid waste that is not suitable for incineration, and that there will be minimum periods pursuant to paragraph 12 when the incinerator is not available because of maintenance needs, the County shall develop and operate, prior to commencement of operation of the incinerator, ancillary licensed solid waste landfill facilities to dispose of nonhazardous solid waste as approved by the State. These ancillary facilities will be operated solely to dispose of nonhazardous solid waste. The site for the new landfill facilities may include, but shall not be limited to, expansion of the existing Anderson Road Landfill or any other suitable area within the County. The County shall take all steps necessary, including exercise of eminent domain, to acquire and develop the site for new landfill facilities. 32. Recognizing that the solid waste of the City and County provides a valuable fuel supply for the purpose of destroying PCBs, and at the same time, that incineration provides a valuable, environmentally sound disposal service for the solid waste of the City and County, Westinghouse shall receive a tipping fee from the City and County which shall consist of the following: (a) For each ton of solid waste that is accepted at the incinerator site, a fee established by Westinghouse which shall be no more than the tipping fee charged by the County for disposal at its licensed solid waste disposal facilities. The tipping fee charged by the County at its facilities shall reflect recovery of capital and operating costs and shall be reviewed annually. The current tipping fee charged by the County for disposal at its licensed solid waste disposal facilities is seven dollars per ton plus a one dollar entry fee. (b) For each ton of solid waste that is disposed of by incineration, an additional charge of fifty cents per ton, for Westinghouse to produce an ash which meets the requirements for nonhazardous ash established by the EPA under RCRA and any additional requirements to render the ash nonhazardous estab- lished by the City pursuant to paragraphs 7 and 39(c). 33. Westinghouse agrees to pay reasonable user charges for the administration of activities under this Section and Sections V and VII by the County or City. The user charges shall be established by the City or County, as the case may be, only after providing notice to Westinghouse and an opportunity to be heard. 34. The local approval functions under this Consent Decree, including those set forth in paragraphs 7 and 39(c), shall be performed by the City as provided in paragraph 136. The City shall provide administrative and technical coordination and support, to the extent necessary, for City and County perfor- mance under Sections V, VI and VII of this Consent Decree. VII ASH DISPOSAL 35. Subject to the written approval of the United States and State, and at Westinghouse's option, the City shall make available to Westinghouse for disposal of nonhazardous ash from the incinerator the City's licensed sludge drying beds and landfill at its Dillman Road Treatment Facility up to the present capacity of said Facility. The City and Westinghouse may reach a mutual written agreement on expansion of the sludge drying beds and landfill at the Dillman Road Treatment Facility subject to state and federal approval. If Westinghouse uses the sludge drying beds and landfill, Westinghouse shall pay the City all operating and administrative costs associated with permitting and operating ash disposal activities at those sites. In any event, Westinghouse shall incinerate at no cost to the City all of the sludge generated by the Dillman Road Treatment Facility for as long as Westinghouse operates the incinerator under this Consent Decree. In addition, Westinghouse shall, at its own cost and expense, incinerate all of the sludge which had been deposited in the licensed sludge disposal site prior to commencement of incin- eration. 36. In the event that Westinghouse does not use the sludge drying beds and landfill at the Dillman Road Treatment Facility for disposal of nonhazardous ash from the incinerator and in accordance with all applicable statutes and regulations, the City and/or County, as the case may be, shall provide Westinghouse, at Westinghouse's option, with a licensed solid waste disposal facility in Monroe County for disposal of non- hazardous incinerator ash. 37. Westinghouse shall pay the City and/or County, as the case may be, the full capital, operating, and admin- istrative costs associated with licensing, constructing and operating the facility referenced in paragraph 36. 38. Notwithstanding paragraphs 35 and 36, Westinghouse has the option, at its expense, to construct and operate a licensed solid waste disposal facility in Monroe County for disposal of nonhazardous incinerator ash generated by the incinerator. Westinghouse shall exercise its option in a timely fashion. In such event, the provisions of paragraphs 36 and 37 shall not apply. 39. Westinghouse may dispose of nonhazardous incinerator ash from the incinerator pursuant to paragraphs 35, 36 and 38 provided said ash meets the following requirements: (a) the ash is tested and determined to be non- hazardous as determined by federal and state requirements for classifying nonhazardous waste; (b) the concentration of PCBs in the ash is less than one part per million ("ppm"); and (c) the ash meets any additional requirements imposed by the City as part of the City's review of Westing- house's technical plans for ash disposal in accordance with paragraph 7 above. 40. The failure of the City and/or County to provide Westinghouse with a nonhazardous ash disposal facility pursuant to this Section shall not relieve Westinghouse of its obligation to dispose of the ash generated by the incinerator in accordance with all applicable requirements of local, federal and state laws and regulations. 41. In the event that any of the incinerator ash cannot be rendered nonhazardous by Westinghouse, Westinghouse shall not dispose of such ash in the facilities provided by the City and County pursuant to paragraphs 35 and 36 above. Westinghouse shall, at its sole cost and expense, properly dispose of such hazardous ash in any other facility that is licensed by state and federal authorities to accept such wastes. Such hazardous ash shall not be disposed of on the incinerator site. |
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