HomeMy WebLinkAbout981586.tiff Dig
RESOLUTION
RE: CANCELLATION OF FINANCIAL ASSURANCE AGREEMENT, RELEASE OF
FINANCIAL ASSURANCES, ACCEPT STATE ASSURANCE, AND AUTHORIZE CHAIR
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 14, 1990, the Board did approve Resolution #901167,
approving a Financial Assurance Agreement and Trust Agreement with Waste Services
Corporation, and
WHEREAS, on February 10, 1992, the Board did accept Irrevocable Letter of Credit
#38318, drawn on Nationsbank of North Carolina, in the amount of$50,000, and
WHEREAS, the Weld County Health Department has reviewed the State Assurance Plan
and is recommending acceptance of the State closure postclosure plan and assurances, and
WHEREAS, the Board deems it advisable to cancel said Financial Assurance Agreement
and Trust Agreement with Waste Services Corporation, and Accept the State Financial
Assurance Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Financial Assurance Agreement and Trust Agreement with Waste
Services Corporation, be and hereby are, cancelled.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the State Financial Assurance Plan, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Clerk to the Board be, and hereby is, directed to release and cancel
Irrevocable Letter of Credit#38318, drawn on Nationsbank of North Carolina, in the amount of
$50,000.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Clerk to the Board be, and hereby is, directed to pay Waste Services
Corporation all amounts accrued in the Waste Services Trust Fund on the books of Weld County.
1111111 illll 111111 11111 till 1111111 11111 III IIIII IIII I'll
2841079 09/17/1998 04:47P Weld County CO
1 of 2 R 0.00 D 0.00 JR Sukl Tsukamoto
981586
PL0777
RE: CANCEL FINANCIAL ASSURANCE AGREEMENT, RELEASE FINANCIAL ASSURANCE,
AND ACCEPT STATE ASSURANCE - WASTE MANAGEMENT DISPOSAL SERVICES OF
COLORADO, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLORAD,9
ATTEST: �� i �� ar.--zt1 i
A Constance L. Har ert, Chair
Weld County Clerk to th
E«: : .• � / i� 1eitlq
I./ , ��� W. H. eb er, ro-Te
BY:
Deputy Clerk to t ,=--p ', -r
O-11�Trir . / George . Baxter
P ED FORM:_
Daly K. Hall
ounty ttorney a tc ' } Like-
Barbara J. Kirkmeyer
1101111111111011111111111111111111111111111111111111
2641079 09/17/1998 04:47P Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
981586
PL0777
CLERK TO THE BOARD
PHONE (970) 356-4000, EXT.4218
FAX: (970) 352-0242
WAt•IIDe.
P.O. BOX 758
Y, COLORADO 80632
COLORADO
October 1, 1998
WASTE MANAGEMENT INC
c/o LINDA PAVLASEK
1001 FANNIN, SUITE 400
HOUSTON, TX 77002
RE: Cancellation of Financial Assurance Agreement
Dear Linda:
Enclosed is a copy of our resolution cancelling the Financial Assurance Agreement,
releasing the Irrevocable Letter of Credit and accepting the State Assurances.
Along with our resolution you will find a check and the original letter of credit which has
been released.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 356-4000, Extension 4227.
Sincerely,
(9-L/
iati—
Kimberlee A. Schuett
Deputy Clerk to the Board
Ynb RNTxuueaR 3055188
,OICENUMRER INVOICE INVOICE PISC[1UNTOR TAX : ADDITIONAL- NET
:REFERENCE'. ,DATE -: AMOUNT DEDUCTIONS WITHIIFDD AMOUNT AMOUNT
RUSTAEF 09/29/98 64,137.86 .00 .00 64,137.86
•
+ REMOVE DOCUMENT ALONG THIS PERFORATION +
THIS �ICUMENT IS •INTE' IN TW• CRLS' •• N/•T�ACCE IUNLESS :LUE ANR =R•WN • E ESENT.
Of
iii e � County WARRANT
3055188
Q By Order Of•T11e Board Of County Commissioners (o c.,O MONIES1N THEMONIES Ee,URI-
1PrO Box 758 OVRiI ED rx EREwRnxD
COLORADO GREE;LEY,COLORADO cx.RDE,RLEi°rxE J
(970),356-4000 FAX:(970)352-0242 'g,�1YEXACTLY
TREASURER B.":"!"..'64.,1 37.86 ill
OF SAID COUNTY DATE 09/29/98 VOID 8'NOT CASHED IN(0 DAYS
PAY 110 THE ORDER OF
WASTE MANAGEMENT INC • 9 9RD or COEN CO tMOxER
C/O LINDA PAVLASER
1001 FANNIN
SUITE 400 /WLL� 4 L-
- HOUSTON TX 77002 CLE xOF THE 9..RD
o' 30 5 5 L88II'I: 10 2 LOO SI 18':80 1 2700848H'
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PAGE 1 OF
NATIONSBANK OF NORTH (.AROL.INn, N. 1. ISSUE DATE: 31JANS2
ONE NOTI.ONSBANR PLAZA L/C NUMBER: 38318
L.E1TI R OF CREDIT DEPT, TEA
L'F-HORL..OTTE, NC B;_5U _0001
APPL):1:'ANT :
WASTE_ SERVICES CORPORATION
6037 I7 fH AVENUE
GREELEY, CO 80631+
BENEFICIARY: EXPIRY DATE / ninrr.
WELD COUNT Y, COLORADO 3 I JANE CHARLOTTE, NE
P. O. BOX 758
GREELEY, CO 80632
ATTN: BOARD OF COUNTY COMMISSIONERS
CURRENCY AMOUNT f USD***•*•* •****50, 000. 00 (
WE HEREBY ESTABLISH OUR IRREVOCABkE LET1ER OF' CREDIT NO. 3831A Tlx:
YOUR FAVOR, AT THE REQUEST AND F"OR\THE A(e>C►UNT OF WASTE SERVICES
CORPORATION, 6037 77TH AVENUE, GREET `'Y, gOL.ORADO 80634. FOR AN
AMOUNT UP TO BUT NOT EXCEEDING US$5 , 00.0 00 (FIFTY "THOUSAND UNITED
STATES DOLLARS) .
FUNDS ORE AVAILABLE UNDER THIS LE1(TE R OF CREDIT AGAINST
PRESENTATION OF:
\
t . A SIGHT DRAFT, PURPORTEDL.Y SIGN BY AI „ UTHORI ZELD
REPRESENTATIVE OF WELD COUNT l� �, B F2i.Nv- REFEF;E:NCE TO THIS
LETTER OF CREDIT NO. ✓8218 9ND
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: COUNTY ATTORNEY DATE: August 11, 1998
PERSON REQUESTING• D. Morrison, Assistant Weld County Attorney
Brief description of the problem/issue: RE: North Weld Sanitary Landfill Financial Assurance
Plan
Waste Management Disposal Services of Colorado, Inc. is requesting that the Board release the
financial assurances put in place November 9, 1990 as part of the approval process for the North
Weld Sanitary Landfill. (NWSL) At the time the NWSL was permitted,it was known that state and
federal rules would eventually be in place requiring financial assurances for closure and postclosure
care of the facility. The state financial assurance mechanism did not go into effect until April 9,
1997 and Waste Management is now requesting that the County's financial assurance mechanism
be replaced and assurances currently held be released to Waste Management.
The original Agreement with Waste Managements predecessor, Waste Services Corporation,
contemplated doing away with the County assurances once the state program was in place as
indicated in the last paragraph on page 2 of Waste Management's letter. It should be noted that Mr.
Jiricek of the Health Department has reviewed the State Assurance Plan and is now satisfied with
the closure postclosure plan and assurances. The amount of assurance required under the state plan
is substantially greater than what was originally required under the Weld County Financial Assurance
Agreement.
Recommendation to the Board: I recommend that the request be placed on the agenda to cancel
the Weld County Financial Assurance Agreement with Waste Management and to release the
financial assurances held by the County and accept the state assurance.
LDM/db
Attachment
pc: Planning
Environmental Health
981586
Initial:
Place on
Agenda Work Session Other
Baxter
Hall
Harbert /
Kirkmeyer
Webster
wuwaste.db
Waste Managements"
North Weld Sanitary Landfill J/ Phone 970.686.2800 --.-
40,000 WCR 25 / Fax 970.686.1031
Ault,Colorado 80610 �)5 I c 1 +7 I
August 6, 1998 k(
AUG 1 0 1998
Mr. Lee Morrison
' C
Weld County Attorney's Office =� COUNTY
ATtORNEY'S O=FICR
915 Tenth Street
P.O. Box 1948
Greeley, Colorado 80632
•
RE: North Weld Sanitary Landfill (NWSL)
Financial Assurance Plan
Dear Mr. Morrison:
Waste Management Disposal Services of Colorado, Inc. (WMDSC) hereby requests your review
and approval of the enclosed financial assurance mechanism (Standby Trust Agreement and
Letter of Credit) for North Weld Sanitary Landfill (NWSL). This financial assurance mechanism
serves as "alternate fmancial assurance" pursuant to Item 7 of the Financial Assurance
Agreement (FAA) between WMDSC (f.k.a. Waste Services Corporation) and the Board of
County Commissioners of Weld County (Board) dated November 9, 1990. In accordance with
Item 7 of the FAA, WMDSC also requests the Board's acceptance of the alternate financial
assurance and that the Trust established under the FAA be terminated and all funds held by the
Trust be distributed to WMDSC.
At the time of permitting the NWSL in 1990, a major revision to the federal solid waste
regulations, subsequently known as Subtitle D, was being developed by the United States
Environmental Protection Agency (EPA). These revisions included requirements for owners
and/or operators of solid waste disposal facilities to establish financial assurance sufficient to
ensure payments of costs associated with closing the facility and conducting post-closure care
activities.
WMDSC (f.k.a. Waste Services Corporation) entered into a FAA with the Weld County Board
of Commissioners. This FAA was intended to comply with the contemplated financial assurance
provisions of the proposed Section 258 of Title 40 of the Code of Federal Regulations (Subtitle
D), which was later adopted by the EPA. Accordingly, WMDSC submitted an irrevocable
$50,000 Letter of Credit (#38318) to the Weld County Board of County Commissioners on
January 31, 1992. In addition, WMDSC established a Trust Fund with the Weld County
Treasurer to be funded over several years (based on received volumes) not to exceed $113,172.
The Letter of Credit would be canceled when the Trust Fund reached that target amount.
Waste Management Disposal Services of Colorado,Inc. Printed on recycled paper
Letter Lee Morrison
August 6, 1998
Page 2
Although the Colorado version of the federal Subtitle D regulations became effective October
1993, the financial assurance provisions of the Colorado revised Regulations Pertaining to Solid
Waste Disposal Sites and Facilities, 6 CCR 1007-2 (Regulations) became effective April 9, 1997.
Accordingly, WMDSC submitted a Financial Assurance Plan including the selected financial
assurance mechanism (Letter of Credit and Standby Trust) to the Colorado Department of Public
Health and Environment (CDPHE), Weld County Health Department (WCHD) and Weld
County Department of Planning Services in compliance with the provisions and requirements of
the Regulations.
We have enclosed for your reference; letters of approval from the CDPHE and the WCHD for
the financial assurance mechanism established for NWSL pursuant to Section 1.8.4 (C) of the
Regulations. The approved financial assurance mechanism consists of an Irrevocable Standby
Letter of Credit issued by the Dai-Ichi.Kangyo Bank of Chicago, Illinois and the Standby Trust
Agreement between Waste Management Disposal Services of Colorado, Inc. as Grantor and the
Oak Brook Bank of Oak Brook, Illinois as Trustee. We have also enclosed copies of these
documents for your reference.
Since submittal of the NWSL Financial Assurance Plan in April 1997, we have maintained
financial assurance pursuant to both the Weld County Financial Assurance Agreement and the
Financial Assurance Plan for the NWSL. The financial assurance mechanism (Letter of Credit
and Trust Agreement) has been approved by CDPHE and WCHD as meeting the financial
assurance requirements of the Regulations and provides superior financial assurance compared to
the original Weld County Financial Assurance Agreement. The original agreement included
provisions for an eventual fund of $113,172 compared with the adjusted April 1998 Letter of
Credit, in the amount of $862,584. The Letter of Credit will be adjusted annually in order to
provide continuing and adequate amounts of financial assurance in accordance with the
Regulations.
WMDSC's request is further supported in the preamble of the FAA which states, "Whereas, this
Agreement, and the Trust Agreement contemplated herein, are not intended to duplicate or
supplant Part 258 as finally adopted or imposed by the State. To the extent that the terms of this
Agreement or the Trust Agreement are duplicative of or otherwise provide financial assurance
similar to that required by the terms of the proposed Part 258 as finally adopted or any similar
State statutory or regulatory requirements, then this Agreement and the Trust Agreement shall be
appropriately amended, transferred, or, if necessary, terminated by the Board, to eliminate such
duplication or excess financial assurance".
Letter Lee Morrison
August 6, 1998
Page 3
Given the financial assurance that is held by Weld County under the FAA is duplicative of the
enclosed standby Trust Agreement and Letter of Credit, we believe you will agree that the FAA
and related Trust Agreement should be now terminated.
Thank you for your consideration of these requests. We look forward to your approval of the
alternate financial assurance for NWSL, and acceptance by the Board, and release of the existing
FAA.
Sincerely,
.crP,e_e4y(
; �
Alan Scheere Bill Hedberg
Environmental Specialist Landfill Site Manager
AS/as
Enclosures
cc: Trevor Jiricek, WCHD w/enc.
Brenda Lujan, CDPHE w/enc.
Glenn Mallory, CDPHE w/o enc.
Scott Ballstadt, WCDPS w/o enc.
Don Warden, Weld County w/o enc.
Board of County Commissioners, w/o enc.
Art Willis, Weld County w/o enc.
•
STATE OF COLORADO
Roy Romer, Governor OF COr
Patti Shwaydcr, I xecutive()ire( ot
Dedicated to protecting and improving the health and environment of the people rat(oh'rad)
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION � „\
http://www.cdphestate.co.usihm/
co.usih m/ ran
4 300 Cherry Creek Dr.S. 222 S.6th Street, Room 232
Denver,Colorado 80246-1530 Grand function, Colorado 81501-2768 Colorado Department
Phone(303)692-3300 Phone(970)248-7164 of Public Health
I ax(303)759-5355 Fax 1970)248-7198 and Environment
May 4, 1998
Mr. Tom Schweitzer
Waste Management, Inc.
3900 S. Wadsworth Boulevard
Suite 800
Lakewood, CO 80235
- RE: Review of Standby Trust Agreement and Amended Letter of Credit for
North Weld Sanitary Landfill. SW WLD NWC IE
Dear Mr. Schweitzer:
The Department has reviewed the revised Standby Trust submitted for North Weld Sanitary
Landfill on April 27, 1998 and the amended Letter of Credit dated April 8, 1998. Both
instruments were properly worded and appropriate inflationary adjustments to the closure and
post-closure cost estimates were made. Your 1998 financial assurance submittal is hereby
approved.
If you have any questions regarding this letter or financial assurance, please contact me at (303)
692-3350.
Sincerely,
•
Mira Neumiller
Administrative Program Specialist
Compliance Program
I:\sw\98facorr, p32
it 1\IC "in
DEPARTMENT OF HEALTH
1517 16TH AVENUE COURT
liD GREELEY, CO 80631
ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970) 353-0635
COLORADO COMMUNITY HEALTH (970) 353-0639
FAX (970) 356-4966
July 7, 1998
Alan Scheere
Bill Hedberg
North Weld Sanitary Landfill
40,000 Weld County Road 25
Ault, Colorado 80610
RE: North Weld Sanitary Landfill, Standby Trust Agreement and Letter of Credit
Dear Mr. Scheere and Mr. Hedberg:
The Weld County Health Department (WCHD) has reviewed your May 28, 1998 letter.
This letter requests that the WCHD approve the financial assurance mechanism
(revised Standby Trust Agreement and amended Letter of Credit) for the North Weld
Sanitary Landfill.
The WCHD approves of the financial assurance mechanism.
If you have any questions, please do not hesitate to call me at (970) 353-0635,
extension 2232.
Sincerely,
( 11, Ltr-O
Trevor Jiricek
Supervisor
Environmental Protection Services •
tj\1056
cc: Brenda Lujan, Colorado Department of Public Health and the Environment
Glenn Mallory. Colorado Department of Public Health and the Environment
Lee Morrison, W.C. Attorneys Office
tlDEPARTMENT OF HEALTH
1517 16TH AVENUE COURT
Iit Cf:.
GREELEY, CO 80631
WI C. ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970) 353-0635
COMMUNITY HEALTH (970) 353-0639
COLORADO FAX (970) 356-4966
July 6, 1998
•
Alan Scheere
Bill Hedberg
North Weld Sanitary Landfill
40,000 Weld County Road 25
Ault, Colorado 80610
Re: North Weld Sanitary Landfill, Financial Assurance Plan
Dear Mr. Scheere and Mr. Hedberg:
The Weld County Health Department (WCHD) has reviewed your May 1, 1998, letter.
This letter provides information in relation to my February 13, memorandum, concerning
the surface water control structures at the North Weld Sanitary Landfill (NWSL). My May
1, 1998, memorandum requested that the NWSL either provide funds in the NWSL's
Financial Assurance Plan to install the appropriate controls or provide a demonstration
that the existing and future controls are constructed to handle the 100-year, 24-hour
storm event.
The WCHD concurs with this letter. The NWSL has adequately demonstrated that the
April 1997 Financial Assurance Plan includes sufficient funds for storm water control
improvements in the event of closure.
The WCHD appreciates your efforts in addressing our concerns. If you have any
questions, or if I can be of any assistance, please call me at (970) 353-0635, extension
2232.
S�cerely,x �,
/AL
J�1A
Trevor'dfricek, MAES
Supervisor
Environmental Protection Services
tjA 1050
cc. Lee Morrison, W.C. Attorneys Office
Brenda Lujan, Colorado Department of Public Health and Environment
Glenn Mallory, Colorado Department of Public Health and Environment
DKB THE DAI-ICHI KANOYO BANK, LTD.
CHICAGO BRANCH
10 South Wacker Drive, Chicago, Illinois 60606
Phone: (312) 876-8600 FAX: (312) 876-2011 Telex. 25-4515
DATE CREDIT NO.
April 8, 1998 SDC-743-003537
AMENDED AND RESTATED
IRREVOCABLE STANDBY LETTER OF CREDIT NO.SDC-743-003537
Director
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver,CO 80222-1530
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter or Credit No. SDC-743-003537, in your favor, at the
request and for the account of North Weld Sanitary Landfill,a division of Waste Management Disposal Services
of Colorado,Inc. ("WM of Colorado),4000 Weld County Road 25,Ault,CO 80610,up to the aggregate amount
of USD862,584.00(Eight Hundred Sixty Two Thousand Five Hundred Eighty Four and 00/100 United States
Dollars available upon presentation of:
1. Your sight draft bearing reference to this Letter of Credit No.SDC-743-003537,and
2. Your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to regulations issued under authority of the Colorado
Solid Wastes Disposal Sites and Facilities Act as amended."
This Letter of Credit is effective as of April 8, 1997 and shall expire on April 8, 1998, but such expiration date
shall be automatically extended for a period of one year on April 8, 1998 and on each successive expiration date,
unless,at least 120 days before the current expiration date,we notify both you and WM of Colorado,do Waste
Management,Inc.,3003 Butterfield Road,Oak Brook,IL 60523-1100,Attn.:Treasury,by certified mail that we
have decided not to extend this Letter of Credit beyond the current expiration date. In the event you are so
notified,any unused portion of the credit shall be available upon presentation of your sight draft, for 120 days
after the date of receipt by both you and WM of Colorado,as shown on the signed return receipts.
Whenever this Letter of Credit is drawn on under and in compliance with the terms of this credit,we shall duly
honor such draft upon presentation to us,and we shall deposit the specified amount of the draft directly into the
standby trust fund of WM of Colorado,in accordance with your instructions,unless an alternate mechanism has
been established by the State of Colorado to directly receive monies.
We certify that the wording is of this Letter of Credit is identical to the wording specified as such regulations
were constituted on the date shown immediately below.
This Credit is subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision)
InternationalChamber of Commerce Publication No.500 or the Uniform Commercial Code.
Sincerely,
The Dai-lchi Kangyo Bank,Ltd.
Chicago Branch
Seiichiro Inn-Vice President
Date 2/ ` .? --
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="4M 'a I1 OF
STANDBY TRUST AGREEMENT
Standby Trust Agreement, the "Agreement," entered into as of October 9, 1997, by and
between Waste Management Disposal Services of Colorado, Inc., a Colorado corporation, the
"Grantor," and Oak Brook Bank, incorporated in the State of Illinois, the "Trustee".
Whereas, the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division, a Regulatory Agency of the State of Colorado,
"Department", a regulatory agency of the State of Colorado, has established certain regulations
applicable to the Grantor, requiring that an owner or operator of a solid waste management facility
shall provide assurance that finds will be available when needed for closure and/or post-closure care of
the facility.
Whereas, the Grantor has elected to establish a standby trust to provide all or part of such
financial assurance for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee
to be the trustee under this agreement, and the Trustee is willing to act as trustee.
Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement
and any successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any
successor Trustee.
Section 2. Identification of Facilities and Cost Estimates.
This Agreement pertains to the facilities identified on attached Schedule A.
Section 3. Establishment of Fund.
The Grantor and the Trustee hereby establish a standby trust fund, the "Fund," for the
benefit of the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division. The Grantor and the Trustee intend that no
third party have access to the Fund except as herein provided The Fund is established
initially as consisting of the property, which is acceptable to the Trustee, dckrilx%i in
Schedule B, attached hereto Such properly and any other property subsequently
transferred to the Trustee is referred to as the Fund, together with all earnings and profits
thereon, less any payments or distributions made by the trustee pursuant to this Agre ratan
The Fund shall lK held by the Trustee, IN TRLI51, as hereinafter provided. The Tnistee
shall not be rcr:1' m'R hle nor shall it undertake any regxinsihilrty tot the amount or ad,,•
of, nor any duty to collect from the Grantor, any payments necessary to discharge any
liabilities of the Grantor established by the Department.
Section 4. Payment for Closure and Post-Closure Care
The Trustee shall make payments from the Fund as the Department shall direct, in writing,
to provide for the payment of the costs of closure and post-closure care of the facilities
covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as
specified by the Department from the fund for closure and post-closure expenditures in such
amount as the Department shall direct in writing. In addition the Trustee shall refund to the
Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall
no longer constitute part of the Fund as defined herein.
Section 5. Payment Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to
the Trustee.
Section 6. Trustee Management.
The Trustee shall invest and reinvest the principal and income of the Fund and keep the
Fund invested as a single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the Grantor may
communicate in writing to the Trustee from time to time, subject, however, to the
provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the
Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and diligence under the
circumstances then prevailing which persons of prudence, acting in a like capacity and
familiar with such matters, would use in the conduct of an enterprise of a like character and
with like aims; except that:
(1) Securities or other obligations of the Grantor, or any other owner or operator of the
facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as
amended, 15 U.S.C. 80a-2. (a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee,
to the extent insured by an agency of the Federal or State government and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested
for a reasonable time and without liability for the payment of interest thereon
Section 7 Commingling and Investment.
The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any and all of the assets of the Fund to any common,
commingled, or collective trust fund created by the Trustee in which the Fund is eligible to
participate, subject to all of the provisions thereof, to be commingled with the assets of
other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment
Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created,
managed, underwritten, or to which investment advice is rendered or the shares of which
are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.
Without in any way limiting the powers and discretions conferred upon the Trustee by the
other provisions of this Agreement or by law, the Trustee is expressly authorized and
empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it,
by public or private sale. No person dealing with the Trustee shall be bound to see to the
application of the purchase money or to inquire into the validity or expediency of any such
sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate to carry
.out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a
nominee and to hold any security in bearer form or in book entry, or to combine certificates
representing such securities with certificates of the same issue held by the Trustee in other
fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified
central depositary even though, when so deposited, such securities may be merged and held
in bulk in the name of the nominee of such depositary with other securities deposited therein
by another person, or to deposit or arrange for the deposit of any securities issued by the
United States Government, or any agency or instrumentality thereof, with a Federal Reserve
bank, but the books and records of the Trustee shall at all times show that all such securities
are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings
certificates issued by the Trustee, in its separate corporate capacity, or in ally other banking
institution affiliated with the Trustee, to the extent insured by an agency of the Federal or
State govenunent, and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.
All taxes of any kind that may be assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration of this Trust,
including fees for legal services rendered to the Trustee, the compensation of the Trustee to
the extent not paid directly by the Grantor, and all other proper charges and disbursements
of the Trustee shall be paid from the Fund.
Section 10. Advice of Counsel.
The Trustee may from time to time consult with counsel, who may be counsel to the
Grantor, with respect to any question arising as to the construction of this Agreement or
any action to be taken hereunder. The Trustee shall be fully protected, to the extent
permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation.
The Trustee shall be entitled to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor.
Section 12. Successor Trustee.
The Trustee may resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have the same powers
and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's
acrPptance of the appointment, the Trustee shall assign, transfer, and pay over to the
successor trustee the funds and properties then constituting the Fund. If for any reason the
Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee
may apply to a court of competent jurisdiction for the appointment of a successor trustee or
for instructions. The successor trustee shall specify the date on which it assumes
administration of the trust in a writing sent to the Grantor, the Department, and the present
Trustee by certified mail 10 days before such change becomes effective. Any expenses
incurred by the Trustee as a result of any of the acts contemplated by this Section shall be
paid as provided in Section 9.
Section 13 Instnictionsto the Trustee,
All orders, requests, and instructions by the Grantor to the Trustees shall be in writing,
signed by such persons as are designated in the attached Exhibit A or such other designees
as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully
proteted in Acting without inquiry in accordance with the Grantor's outer:, requestti, any.
instructions. All orders, requests, and instructions by the Department to the Trustee shall be
in writing, signed by the Director or his/her designee and the Trustee shall act and shall be
fully protected in acting in accordance with such orders, requests and instructions. The
Trustee shall have the right to assume, in the absence of written notice to the contrary, that
no event constituting a change or a termination of the authority of any person to act on
behalf of the Grantor or Department hereunder has occurred. The Trustee shall have no
duty to act in the absence of such orders, requests, and instructions from the Grantor and/or
Department, except as provided for herein.
Section 14. Amendment of Agreement.
This Agreement may be amended by an instrument in writing executed by the Grantor, the
Trustee, and the Department, or by the Trustee and the Department if the Grantor ceases to
exist.
Section 15. Irrevocability and Termination.
Subject to the right of the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the written agreement of the
Grantor, the Trustee, and the Department, or by the Trustee and the Department, if the
Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less
final trust administration expenses, shall be delivered to the Grantor.
Section 16. Immunity and Indemnification.
The Trustee shall not incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in carrying out any
directions by the Grantor or the Department issued in accordance with this Agreement. The
Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or
both, from and against any personal liability to which the Trustee may be subjected by
reason of any act or conduct in its official capacity, including all expenses reasonably
incurred in its defense in the event the Grantor fails to provide such defense_
Section17. Choice of Law
This Agreement shall be administered, construed, and enforced according to the laws of the
State of Colorado.
Section 18. Interpretation.
As used in this Agreement, words in the singular include the plura, and tivords in the plural
include the singular. The descriptive headings for each Section of this Agreement shall not
affect the interpretation or the legal efficacy of this Agreement
In Witness Whereof the parties have caused this Agreement to be executed by their
respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of
the date first above written: The parties below certify that the wording ofthis Agreement is identical to
the wording specified in these regulations as constituted on the date first above written.
WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
BY: i/dO
William C. Kei / 1
TITLE: Asst t Trer
ATTEST:
TITLE: ),gP zrca- ✓,crJ
SEAL-
OAK/BROOK BANK
`
BY: 11'L BRLUu t'-1,L tl'i
Sherri Nugent
TITLE: Assistant Vice President
Trust Officer
Ii I 1 1
C/
AI I EST: "
TITLE: Li
SEAL
State of Illinois
County of DuPage
On this 2 Y-1 day of April, 1998, before me personally came William C. Keightley to me known,
who being by me duly sworn, did depose and say that he resides in Chicago, Illinois, that he is the
Assistant Treasurer of Waste Management Disposal Services of Colorado, Inc. the corporation
described in and which executed the above instrument; that they know the seal of said corporation, that
the seal affixes to such instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said corporation, and that they signed their name thereto by like order.
.rau °ftt OFFICIAL SEAL
Notary Public COLLEEN QUENZER
My Commission expires:r/9 o jo NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPRES:01/20/02
State of Illinois
County of DuPage
On thisy Say of I �J J C)C] ({, before me personally came ((14, V IL C)Cif to
me known `gho being by me duly o di d%po and say that she/he resides
f�1 at G'(yel V i 1 (C, lc--- ,that she/he is t t n( i e in U of Oak Brook Bank the
corporation described in and which executed the above instrument; that she/he knows the seal of said
corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like
order.
Notary Public �`
My scion expires:
Note Ro�17N y�
on FxPic"
%CO01 1
Standby Trust Agreement between
Waste Management Disposal Services of Colorado, Inc. as Grantor
and Oak Brook Bank as Trustee
Schedule "A"
for
North Weld Sanitary Landfill
Cost Estimates
Facility Address Closure Post-Closure
40,000 Weld County Road 25 $349,992 $512,592
Ault, CO 80610
Standby Trust Agreement between
Waste Management Disposal Services of Colorado, Inc as Grantor
and Oak Brook Bank as Trustee
Schedule"B"
Standby Trust Assets
for
North Weld Sanitary Landfill
FINANCIAL ASSURANCE
The Dai-Ichi Kangyo Bank, Ltd. Letter of Credit No. SDC-743-003537
Standby Trust Agreement between
Waste Management Disposal Services of Colorado, Inc as Grantor
and Oak Brook Bank as Trustee
Exhibit "A"
The following individuals are authorized to issue written orders, requests and instructions to the
Trustee, Oak Brook Bank:
William C. Keightley
Assistant Trnaaver
H. Vaughn Hooks
Assistant Treasurer
North Weld San ,.;
40,000 WCR 25
Au:t, Colorado S0C V L D COQ. ) �( A Waste Management Company
+'0/686-2800•Fa:,
February 19, 1998 CLER
TO T4_ F
Board of Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
RE: North Weld Sanitary Landfill (NWSL)
Revised Financial Assurance Plan
Dear Commissioners:
At the time of permitting the North Weld Sanitary Landfill (NWSL) in 1990, a major revision to the
federal solid waste regulations, subsequently known as Subtitle D was being developed by the
U.S.E.P.A. These revisions included requirements for owners and/or operators of solid waste disposal
facilities to establish financial assurance sufficient to ensure payments of costs associated with closing the
facility and conducting post-closure care activities.
Waste Management Disposal Services of Colorado, Inc. (WMDSC), then known as Waste Services
Corporation entered into a Financial Assurance Agreement with Weld County patterned after the
anticipated (draft) Subtitle D regulations. Accordingly, pursuant to Condition 3c of the Certificate of
Designation Special Review Permit issued June 27, 1990, WMDSC submitted a Letter of Credit #38318
to the Weld County Board of County Commissioners on January 31, 1992. In addition, WMDSC
established a Trust Fund with the Weld County Treasurer to be funded over several years (based on
received volumes) not to exceed $113,172. The Letter of Credit would be canceled when the Trust Fund
reached that amount.
Although the Colorado version of the federal Subtitle D regulations (Regulations) became effective
October 1993, the fmancial assurance provisions of the Regulations became effective April 9, 1997.
Accordingly, WMDSC submitted a Financial Assurance Plan to the Colorado Department of Public
Health and Environment (CDPHE), Weld County Health Department (WCHD) and Weld County
Department of Planning Services in compliance with the provisions and requirements of the revised
Regulations. The NWSL Financial Assurance Plan meets the specific financial assurance requirements for
solid waste disposal sites as listed in Section 1.8 of the Regulations as described below:
1. Maintain cost estimates, in current dollars, for hiring a third party to close the largest area of the
facility requiring closure during the active life of the site. The cost estimate must also include
costs associated with conducting post-closure care.
2. The facility must establish financial assurance sufficient to ensure payment of the third-party
closure and post-closure care costs.
Since submittal of the NWSL Financial Assurance Plan in April 1997, we have maintained financial
assurance pursuant to both the Weld County Agreement and the Financial Assurance Plan for the NWSL.
The April 1997 Plan has been accepted by CDPHE as meeting the financial assurance requirements of the
Letter Board of Commissioners
February 19, 1998
Page 2
Regulations and provides superior financial assurance, compared to the original Weld County Financial
Assurance Agreement. This original agreement included provisions for an eventual fund of $113,172
compared with the April 1997 Plan which includes $845,753. In the future, this account will be adjusted,
in order to provide continuing and adequate amounts of financial assurance in accordance with the
Regulations.
Consequently, we request the Board of County Commissioners accept the State approved Financial
Assurance Plan dated April 1997. Since North Weld Landfill has established financial assurance in
accordance with the Regulations, we further request that the Letter of Credit established under the
Agreement be terminated and any funds held in the Trust be returned to WMDSC.
We have enclosed a copy of the April 1997 Financial Assurance Plan for your information. Thank you
for your consideration of this request. We look forward to your acceptance of the enclosed Financial
Assurance Plan and release of the existing enclosed Agreement.
Sincerely,
Bill Hedberg Alan Scheere
Landfill Site Manager Environmental Specialist
Enclosures
cc: Trevor Jiricek, WCHD w/o enc.
Gloria Dunn, WCDPS w/o enc.
Don Warden, Weld County w/o enc.
Lee Morrison, Weld County w/o enc.
Art Willis, Weld County w/o enc.
•
FINANCIAL ASSURANCE PLAN
NORTH WELD SANITARY LANDFILL
Weld County, Colorado
Prepared by:
Waste Management Disposal Services of Colorado, Inc
North Weld Sanitary Landfill
40,000 Weld County Road 25
Ault, Colorado
April 1997
FINANCIAL ASSURANCE PLAN
NORTH WELD SANITARY LANDFILL
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION 1
2.0 REGULATORY REQUIREMENTS I
2.1 COST ESTIMATES 1
2 2 FINANCIAL ASSURANCE ACTIVITIES 1
2.3 FINANCIAL ASSURANCE MECHANISMS 2
3.0 CLOSURE AND POST-CLOSURE COSTS 2
4.0 FINANCIAL ASSURANCE MECHANISM 2
5.0 PROFESSIONAL ENGINEER'S SEAL 2
LIST OF APPENDICES
Appendix
A Closure Costs
B Post-Closure Care Costs
C Letter of Credit for Closure and Post-Closure Care Costs
Pmanaal .4ssurancc Plan - Apnl I'1'1
North ACold Sannais L:mdlill
FINANCIAL ASSURANCE PLAN
NORTH WELD SANITARY LANDFILL
REVISION LOG
DATE DESCRIPTION OF REVISION BY
Financial Assurance Plan April 1997
u
North Weld Sanitar} I ;wdlill
1.0 INTRODUCTION
This financial assurance plan has been prepared in accordance with Section 1.8 of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1007-2, (Regulations) and sets forth the
closure and post-closure care costs for the North Weld Sanitary Landfill (NWSL) in Ault, Colorado.
The plan also describes the financial mechanism which is in place to ensure the payment of all
associated closure and post-closure costs. This Financial Assurance Plan is to be used in conjunction
with the Closure/Post-Closure Plan prepared for NWSL.
2.0 REGULATORY REQUIREMENTS
2.1 COST ESTIMATES
Section 1.8 of the Regulations list the specific financial assurance requirements for solid waste
disposal sites. These requirements are described below:
1. Maintain cost estimates, in current dollars, for hiring a third party to close the largest
area of the facility requiring closure during the active life of the site. The cost estimate
must also include costs associated with conducting post-closure care.
2 The facility must establish financial assurance sufficient to ensure payment of the third-
party closure and post-closure care costs
2.2 FINANCIAL ASSURANCE ACTIVITIES
The following are the requirements for financial assurance activities as described in Section 1.8 of the
Regulations:
I Notify the CDPHE when the required cost estimates have been placed in the operating
record;
2. Annually adjust cost estimates to account for inflation using the method prescribed by
CDPHE;
3 Replace original cost estimates with new cost estimates every five(5)years, unless
otherwise required by CDPHE;
4 Costs associated with closure, post-closure and corrective actions may be adjusted,
after approval by CDPHE and the local governing authority;
5 Financial assurance must be provided continuously unless a release is granted by
CDPHE.
i u�anciat Avsurance Plan Apnl inn-
1
' nl( Wcid S:uutary I.audlill
2.3 FINANCIAL ASSURANCE
MECHANISMS
Several financial assurance mechanisms are available, and more than one mechanism may be used.
For corporate entities, these mechanisms include a trust fund, letter of credit, surety bond and
insurance.
• Waste Management Disposal Services of Colorado, Inc. (WMDSC) has chosen to establish a
letter of credit to meet the financial assurance requirements. The letter of credit was prepared in
accordance with the requirements set forth in Section 1.8.7 of the Regulations.
3.0 CLOSURE AND POST-CLOSURE COSTS
Closure and post-closure costs are those costs associated with closing the facility and conducting post-
closure care activities. These costs are determined by calculating the cost to complete all of the actions
• in the Closure/Post-Closure Plan. The unit cost values for closure activities were determined by using
cost values provided by CDPHE, or costs that WMDSC has determined. In situations where unit cost
values differ from the default values provided by CDPHE, adequate explanation is provided in the form
of a footnote to the cost spreadsheet.
The detailed closure costs are provided in Appendix A, and the detailed post-closure costs are
provided in Appendix B. As specified by CDPHE, a professional engineer's seal is provided in Section
5.0 for the engineering cost estimates.
4.0 FINANCIAL ASSURANCE MECHANISM
WMDSC has established a letter of credit to assure adequate funds are available for all closure and
post closure care costs determined in the Closure/Post-Closure Plan. The letter of credit meets all
requirements set forth in Section 1.8.7 of the Regulations,"Letter-of-Credit for Closure and Post-
Closure" The letter of credit is provided in Appendix C. Also presented in Appendix C, is the letter
required in Section 1.8.7(E)of the Regulations, which is from the owner/operator of the facility and
sets forth the EPA number, name and address of the facility and amount of funds assured for closure
and post closure by the letter of credit.
5.0 PROFESSIONAL ENGINEER'S SEAL
The Closure/Post-Closure engineering cost estimates for the North Weld Sanitary Landfill were
reviewed by `ontlunu4��i
�PQ0 REGh.;�ii
N9'S tiA17../ 7)y 007
t •; • ova Thomas S. Schweitzer
o
' F,p •••••••••'c3"Z"r `$ Registered Professional Engineer
8.9'JAYAs AL •-Avss State ofColorado - License #24176
Iwaucial As>nrJucc Plan , April 1997
North WcId Sannan Landfill
f
APPENDIX A
CLOSURE COSTS
Financial Assurance Cost Estimate for Closure
. NORTH WELD SANITARY LANDFILL
I T
Item Unit Unit Unit Unit Item
Qty Cost Cost* Cost
FINAL COVER CONSTRUCTION
Foundation Layer
• Sand/gravel placement
sand and/or gravel available on site 0 cy 4.50 SO
sand and/or gravel purchased off site 0 cy 8.40 SO
• Soil(unclassified fill)placement
unclassified fill available on site cy 4.63 SO
unclassified fill purchased off site 0 cy 7.00 SO
—
• * Other materials:
Backfill of Intermediate Grades
to achieve minimum 5%slope• 60000 cy 4.63 1.00 $60,000
Infiltration Layer
• Clay placement
clay available on site b 70200 cy 8.34 2.50 $175,500
clay purchased off site 0 cy 10.01 SO
• Other materials:
Geomembrane Barrier Layer
• IIDPE Liner
Polymeric liner,high-density polyethylene.40 mil 0 sf 1.06 SO
Polymeric liner,high-density polyethylene,60 mil 0 sf 1.45 SO
Polymeric liner,high-density polyethylene,80 mil 0 sf 1.83 SO
• FML/Bentonite liner
materials and installation 0 sf 0.88 SO
• Drainage netting
1%4 inch thick high density polyethylene 0 sf 0.25 $0
geotextile fabric,heat bonded I side 0 sf 0.54 SO
geotcxtile fabric,heat bonded 2 sides 0 sf 0.65 SO
• Geognd
biaxial 9.8 ft by 164 ft roll,TM 14.000 psf 0 sf 0.17 SO
biaxial 9.8 ft by 164 ft roll,TM- 18,500 psf 0 sf 0.26 SO
uniaxial 4.3 I't by 98 ft roll,'I'M-50,000 psi 0 sf 0.49 SO
uniaxial 4 3 ft by 98 ft roll,TM 130.000 psf 0 sf 0.97 SO
• Geotcxtile
60 mil,non-woven 0 sy 1.24 SO
80 mil.non-woven 0 sy 1.38 SO
105 mil,non-woven 0 sy 1.66 SO
30 mil.non-woven
0 sy 2.20 50
170 tail,non-woven 0 sy 2.95 SO
• I ithc r materials. _ --
— ----
--Root me Laver(Frost-protection leer)
• I Jutelassilicd fill placement
unclassified fill available on site cy 4.63 —_.
— - —
unclassified fill purchased oil sue _� cy 7 00
• Other materials:
Erosion Layer(seed-bed layer)—-- -- y
• I opsod placement
141111 r\ ,t 'I 1 00S.I WOI
tul,snil at:ulahlr on site -
t lu,,r.i, a.t I.:Innaic I of S \,,,4,N.Id`Al,,,d,N 1.u,diili
I
Item Unit [nit Unit Unit Item
Qty Cost Costa Cost 4
topsoil purchased off site cy 29.68
• Seeding
hydraulic spread,50 Ib/msf d 29 acre 391.00 200 S5,800
mechanical seeding.50 lbimsf acre 451.16
• Mulch
oat straw. 1 inch deep` 29 acre 1260.51 600 S17,400,
• Fertilize
hydraulic spread(@ 35 lb/1,000 sf acre 95.83
push rotary @ 800 lbs/acre acre 76.13
spray from truck @ 18.36 ib/1,000 sf 29 acre 45.84 S1,329
• Water with tank truck, 1 kgal/ac r acre 38 64 SO
• Other materials:
Final Cover Cost Subtotal 5283,429
SURFACE WATER CONTROL STRUCTURES t
• Drainage Swaies
10 ft wide,grass lined LF 3.62
• Drainage Channel Construction
grass-lined channel IF 8.94
rip-rap lined channel LF 21 84
concrete-lined channel LF r 37.86
_ r
• Sedimentation Ponds
small pond(less than 1.67 ac-ft) LS 5000.00
large ponds(>1.67 ac-ft) ac-ft 2800.00
• Corrugated metal pipe(CMP)
8 inch diameter IF 5.98
10 inch diameter LF 6.61
12 inch diameter LF 7.29
15 inch diameter T LF 8.67
• Corrugated metal pipe(continued)
18 inch diameter 0 LF 9.91 SO
-
24 inch diameter 0 IF 13.14 SO
30 inch diameter 0 LF 16.35 SO
36 inch diameter 0 IF _2.0.85 SO j
• Culverts 1
18 ft complete.24 inch CMP culvert with headwalls 0 ca 2021 35 SO
14 ft complete.24 inch CMP culvert with headwalls 0 ea 2294.77 SO
52 ft complete,24 inch CMP culvert with headwalls 0 ea 2602.36 SO
76 It complete.24 inch CMP culvert with headwalls 0 ea 3012.49 SO
0 SY 32.00 SO
' Downspout gabians SO
• Berms(small earth fill,2-6 ft deep) 0 cy 30.33
• Other:
SO
.Surface Niter Control Structures Cost Subtotal - SO 1
I:Kttl NI)N:%rERSz CAS MoMTollNl_Nvi.t. tNsC��l.l..V1'[ON' -_____
• Well Installation(2 inch well casing.size)
Mobilize demobilize drilling riu&crew 0 IS 12-12.08 SO
1 lollow-stcm auger,8 in O1)1311 for 2 inch well 0 1.1: 22.40 SO
2 inch PVC.schedule 80 well casing 0 LF 7.12 SO
tr inch dram,outer well casing 0 1.F 11.60 SO
2 inch PV('.schedule 80,welt screen 0 1.F 9 13 S0
irn0 ,,.iccu.litter pack Il IF 111 46 Sri
r'b,cnrr 1..,a 1•.mm..: :.11 ' N.nrh'gild tianuary I enSfll
•
• Item Unit Unit Unit Unit Item
_ Qty Cost Cost• Cost
2 inch well,grout(annular seal) 0 LF 24.78 SO
i
2 inch well,bentonite seal 0 LF 31.09 SO
surface pad,concrete,6 in thick 0 ea 69.05 $0
2 in well,locking cap 0 ea 19.62 SO
5 ft guard posts with 4 posts per well 0 ea 49 87 SO
' Groundwater pump,pneumatic with controls 0 ea 2819.63 $0
Other materials:
SO
• Welt Installation(4 inch well casing size)
Mobilizeidemobilize drilling rig&crew 0 LS 1232.08 SO
Hollow-stem auger, 11 in OD BH for 4 inch well 0 LF 27.38 SO
4 inch PVC,schedule 80 well casing 0 LF 14.64 SO
• 9 inch diam,outer well casing 0 LF 16.40 SO
4 inch PVC,schedule 80,well screen 0 LF 17.36 SO 11
4 inch screen,filter pack 0 LF 18.47 SO
4 inch well,grout(annular seal) 0 LF 42.80 SO
4 inch well,bentonite seal 0 LF 77-75 $0
surface pad,concrete,6 in thick 0 ea 69.05 SO
4 in well,locking cap 0 ea 65.03 — SO
5 ft guard posts with 4 posts per well 0 ea 49.87 SO
Groundwater pump,pneumatic with controls 0 ea 2819.63 SO
Other materials:
SO
Groundwater and Gas Well Installation Cost Subtotal SO
GAS VENTING SYSTEM CONSTRUCTION I
Extraction Well Installation
* Well installation(4 inch well casing size)
mobilize/demobilize drilling rig&crew 0 LS 1232.08 SO
l lollow-stem auger. 11 in OD BH for 4 inch well 0 LF 27.38 SO
4 inch HOPE well casing 0 LF 2 57 SO
4 inch I IDPE perforated well casing 0 LF 6.07 SO
4 inch screen,gravel pack 0 I,F 2.17 SO
4 inch well.grout(annular seal) 0 LF 42.80 SO
4 inch well.bentonite seal 0 LE 77 75 SO
Other materials:
SO
• • Weil installation(8 inch well casing size)
mobiln.e:demobilize drilling rig&crew 0 LS 1232.08 SO
l lollow-stem auger. 16 in OD BI{for 8 inch well 0 I 41.07 SO
8 inch IIDI'!i well casing 0 LF 7.22 SO
8 inch I II)Pl: perforated well screen 0 LF 10.72 SO
8 inch screen.gravel pack 0 I.I 2 52 SO
8 inch will-uuut(annular seal) 0 l,l: 84 0') SO
8 inch well,bentonite seal l) i.1' 171 07 ` .�__- — c(1 1
l)Iher material: -- Ii
Sll
Well I lead Assembly ——
• materials and installation (1 ea 1200.00 SO
Gas/Vapor Collection Trench System
• Drench cXracaiion 0 I.E 8'14 — _S0
— I •---- Vii)
• llca,lrr 4'i _.I" iin w i.rllein 0 I.1' 1:1 -18
t'owre 1't Pil I.sunr.a.c 1 III i N.vtl,WA'Canv;nc I.,n,)tlll
Item l nit l'nit 1frlit Unit Item
Qty cost Cost' Cost
• Sand backtill — 1.i-. T 6.01 SO
Header Drains(dripkgs for condensate)
• Excavation t) cv _ 2 75 SO
• materials and installation 0 ca 1800 00 SO
Blower/Flare System
• Blower
1 1 l CFM,5.6 HP Blower 0 ea 3855.89 S0
143 CFM,12.2 HP Blower 0 ea 4444.69 SO
278 CFM, 19.7 HP Blower 0 ca 4984.29 SO
427 CFM,28.3 HP Blower 0 ca 7534.22 SO
615 CFM,49.6 HP Blower 0 ea 11143.00 SO
Other:
SO
* Blower Building
24 ft by 20 ft by 10 ft with foundation 0 ea 28507 02 SO
Other:
SO
* Hare
7.5 million BTU/Hour 0 ca 37450.28 SO
10.5 million BTU/Hour 0 ea 48801.51 SO
22.5 million BTU/Hour 0 ea 99496.74 SO
30 million BTU/Hour 0 ea 115267.06 SO
36 million BTU/Hour 0 ea 131294.52 SO
60 million BTU/Hour 0 ea 155114.73 SO
120 million BTU/Hour 0 ea 682677.85 SO
Other:
SO
Gas Venting System Construction Cost Subtotal SO
SECURITY SYSTEM INSTAI.I-ATION
• Fencing i 0 1_I 8 3 I SO
• Posting of signs I as •19.37 549
• Other:
$0
Security System Installation Cost Subtotal -_ S49
MISC.ELL.ANFOUS
• Access Road Construction k 0 I.1' SO
Grading 0 sv • 0.30 SO
Gravel 0 cv 11.00 $0
Gcotextile 60 mil.non-woven 0 sv 1.24 50
80 mil.non-Woven it sv 1.38 SO
105 mil.non-woven 0 Nv 1.66 S0
I ill mil.ncm 1-woven i. .....s O
2.20 SO-
( 17U mil.nun-�aoi".'n �I tip + -._ 2.9i SO
• I ithcr 511
Miscellaneous Cost Subtotal SO
ENGINEERING MANAGEMENT
• Construction Inspection.))cercight I It wk 1189.17 50.513
• 1ol i e1 in!m 8 .!av 60(1.00 c I.800
.•Io.ruc I'...I LiIIIIINIC d Ili 1 1/4.0I di weld 5•niiai. I.nrdiill
Item Unit Unit Unit Unit Item
Qty Cost Cost• Cost
* Construction Design documents/CQA Manuals/CQA reports 1_5 5% $14,174
* Other
$0
Engineering Management Cost Subtotal 528,487
CLOSURE COST ESTIMATE SUBTOTAL $311,966
" Zip code adjustment factor " I 5311,966
• Administrative Cost(5%) LS 5% $15,598
' Contingency(5%) LS 5% $15,598
CLOSURE COST ESTIMATE TOTAL $343,[63
Backup justification for unit costs entered in unit cost column:
a Unit cost based on recent WMDSC construction projects,is$1.00/cy.
b Unit cost based on recent WMDSC construction projects is$2.50/cy,and includes moisture conditioning
c Unit cost based on recent WMDSC construction projects,is$1.00/cy.
d Unit cost based on recent WMDSC construction projects is$200/acre
c Unit cost based on recent WMDSC construction projects is$600/acre
f A drvland native grass mix will be used,therefore watering will not be necessary.
g All surface water control structures have been constructed.
h No additional groundwater nor gas monitoring wells need to be constructed.
i No gas venting system is currently required.
j All perimeter fencing is currently in place.
k Access roads arc currently in place.
I Based on 4 acres final cover construction per week.
m Based on one day of surveying per week.
n To he most conservative,the zip code factor was not used.
-load nw I.auwnm .t North Weld Senhx,v I nndIill
I
APPENDIX B
POST-CLOSURE CARE COSTS
Form C-2: Financial Assurance Cost Estimate for Post-Closure Care
. NORTH WELD SANITARY LANDFILL
ITEM BASIS FOR COST UNIT UNITS UNIT EVENTS ITEM COST
QTY COST Comments PER YR PER YEAR
• Site Inspection/Reporting Includes one person one day 1 ea 850.00 2 S1,700.00
plus summary report
• Maintenance/Repairs
Erosion damage repair Assumes soil loss of 0.9 cy/ac 26 cy 15.00 See Note I 1 $390.00
Vegetation and Soil Amendments Assumes 10%of site
requires amendments 1.5 acre 400.00 See Note 2 I $600.00
Gas collection/treatment system 5%of system cost 0 LS 5% $0.00
Groundwater&gas wells pump repair replacement 1 LS 500.00 I $500.00
i (average per year)
Leachate collection system line cleaning 0 I.F 0.32 See Note 3 $0.00
• Monitoring
Groundwater
mobilize/demobilize 0 hr 35.00 0 $0.00
sampling and analysis 3 Iv/'sample . Append IA&IB 6 well 330.00 2 $3,960.00
report preparation 1 LS 3000.00 1 53,000.00
I.eachate 1hr%sample-Append 1A&IB+ I location 760.00 I S760.00
report per sump location
Gas Alt —2 well locations per hr 23 well 20.00 4 $1,840.00
• Treatment/Disposal
l.eachate disposal At treatment plant 0 gal 0.02 See Note 3 1 $0.00
Gas condensate disposal At treatment plant 0 gal 0.02 0 $0.00
' Other
Security-Fencing Repair _ I LS 80.00 1 $80.00
Surface water-maintenance and repair I LS 1200.00 2 $2.400.00
SUBTOTAL 515,230.00
Administrative Cost(5%) 1 LS 0.05 S761.50
Contingency Cost(5%) 1 LS 0.05 $761.50
TOTAL COST PER YEAR $16,753.00
TOTAL COST PER 30 YEAR PERIOD $502,590.00
Note 1: The assumed erosion damage repair unit cost of SI is based on soil that is readily available from on-site stockpiles or borrow areas
Note 2: Revegetation is assumed to be performed at the rate of 5%of the site per year. This rate,combined with the vegetation performed at
closure,is sufficient to vegetate the entire site 2.5 times prior to completion of the post-closure care period. The vegetation unit cost is
$400iacre based on recent WMDSC projects.
Note 3: Leachate isnot expected at the facility
APPENDIX C
LETTER OF CREDIT FOR
CLOSURE AND POST-CLOSURE CARE COSTS
WMX
( .
Waste Management, Inc.
•
A r rmq -npa3w P4rd e30391a 1400
3900 S +8ieswmir iii',C.o-a d
)une 800
aKew8:d SC 904 P.
April 9, 1997
•
•
Mr. Glenn Mallory
Solid Waste Unit Director
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
•
4300 Cherry Creek Drive South
• Denver, CO 80222-1530
Dear Mr. Mallory;
This letter shall serve to fulfill the requirements of Section 1.8.7(E)of the Colorado Regulations
Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR-1007-2.
Letter of Credit Number SDC-743-003537 was obtained by Waste Management Disposal Services of
•
Colorado, Inc. for the following facility:
North Weld Sanitary Landfill
(EPA ID Number- NA)
40,000 WCR 25
Ault, CO
(970) 686-2800
The letter of credit, issued by the Chicago Branch of the Dai-lchi Kangyo Bank, Ltd., is in the amount
of$845,753, the total of all closure and post-closure costs. The effective date of the letter of credit is
April 8, 1997.
Please call me at (303)914-1467, if you have any questions about this submittal.
Sincerely,
Tom Schweitzer
Environmental Engineering Manager
Waste Management Disposal Services of Colorado, Inc.
cc: Bill Hedberg(N W SL)
Tom Buchholz 1 W h•I DS(')
' DKB THE DAI-ICHI KANGYO BANK, LTD,
CHICAGO BRANCH
10 South Wacker Drive. Chicago. Illinois 60606
Phone. (312] 876-8600 FAX. (312] 876-2011 Telex: 254515
DATE CREDIT NO.
April 0*,1997 SflC-741M03517
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SDC-743-003537
I
Director
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver,CO 80222-1530
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. SDC-743.003537,in your favor,at the request and for the account
of North Weld Sanitary I andfill a division of Waste Management Disposal Services of Colorado, Inc. ("WM of Colorado"),4000
Weld County Road 25,Ault,CO 80610 up to an aggregate amount of USD845,753.00(Eight Hundred Forty Five Thousand Seven
Hundred Fifty Three and 00/100 United States Dollars)available upon presentation of:
1. Your sight draft bearing reference to the Letter of Credit No. SDC-743-003537,and
2. Your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to regulations issued under authority
of the Colorado Solid Wastes Disposal Sites and Facilities Act as amended."
This Letter of Credit is effective as of April 8, 1997 and shall expire on April 8, 1998,but such expiration date shall be automatically
extended for a period of one year on April 8, 1998 and on each successive expiration date,unless,at least 120 days before the current
expiration date,we notify both you and WM of Colorado,c/o WMX Technologies, Inc., 3003 Butterfield Road,Oak Brook,IL
60521, Attn.: Treasury,by certified mail that we have decided not to extend this Letter of Credit beyond the current expiration date.
In the event you are so notified,any unused portion of the credit shall be available upon presentation of your sight draft,for 120 days
after the date of receipt by both you and WM of Colorado,as shown on the signed return receipts
Whenever this Letter of Credit is drawn on under and on compliance with the terms of this Credit,we shall duly honor such draft
upon presentation to us,and we shall deposit the specified amount of the draft directly into the standby trust fund of WM of
Colorado, in accordance with your instruction,unless an alternate mechanism has been established by the State of Colorado to
directly receive monies.
We certify that the wording is of this Letter of Credit is identical to the wording specified as such regulations were constituted on the
date shown immediately below.
This Credit is subject to Uniform Customs and Practices for Documentary Credits(1993 Revision)International Chamber of
Commerce Publication No. 500 or the Uniform Commercial Code.
Sincerely,
THE DAI-IClil KANGYO BANK LTD.,
CHICAGO BRANCH
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