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Home My WebLink AboutNYS DEC/Monitor Billing FORM TO ACCOMPANY CONTRACTS, LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY FOR APPROVAL The document is between the Town of Southold and NYS DEC New Renewal X Revision If renewal, what is the expiration date of the previous document? Unkown Term of document: Unknown Information regarding the nature of the document (what is it for): See attachment Resolution Date: June 29, 2004 Date document needs to be signed by: Done, but held by John C. Sent to: Date: Date: Date: Contact Person at TOS: John Cushman To: Town Board From: John Cushman Date: June 23, 2004 Re: NYS DEC Stipulation of Settlement for Monitoring Billing NYS DEC has proposed that we modify the process for reimbursement DEC for costs associated with monitoring as required by our stipulation of settlement with DEC. Currently, we maintain a $10,000 account with DEC from which DEC draws funds as needed. We replenish the account quarterly in order to maintain a $10,000 balance. As I understand it, the proposed change will allow DEC to return our $10,000 and bill us annually for the costs. I believe that this revised process is a good thing and recommend that we accommodate the change. In view of this, please consider the following resolution: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a modification to the monitor provisions contained at attachment 1, paragraphs I.B-I.B.@ of Stipulation of Settlement #91- 19273 issued by the New York State Department of Environmental Conservation, said modification subject to the approval of the Town Attorney. New York State Department of Environmental Conservation Division of Environmental Permits, 4th Floor 625 Broadway, Albany, New York 12233-1750 Phone: (518) 402-9167 · FAX! (518) 402-9168 Website: www.dec.state.ny.us Mr. Jolm Cushman Town of Southold P.O. Box 1179 Southold, NY 11971 June 18, 2004 Department Initiated Permit Modification to Account for Monitor Billing DEC Permit #1-4738-02967/00001 Permit Type: Article 23, Title 27 (Mined Land Reclamation) and Article 27, Tire 7 (Solid Waste) Facility: Town of Southold, 53095 Main Road, Southold, NY Dear Mr. Cushman: The purpose of this correspondence is to notify you of a Department initiated modification to the above-referenced permit ("the Permit"), undertaken in accordance with the provisions of the Department's Uniform Procedures Regulations located at Title 6 of the Next' York Code of Rules and Regulations ("NYCRR") Part 621. Section 621.14, wlfich addresses Department initiated permit modifications,, suspensions and revocations, specifically addresses this issue. The Permit contains a provision requiring your company to fund an environmental monitor. The Department proposes a modification to the Permit to address changes in the Department's monitor billing system. This change is necessitated by the need to streamline the system and make it easier to administer, consistent xx,ith the State's annual budgeting cycle. In addition, many permittees have requested such a change in the billing system so that they can plan an annual budget for this expense, rather than make variable quarterly payments. As of April 1, 2005, the Department will bill out the costs associated with environmental monitoring services on an annual basis for activities in the upcoming year. This simple ministerial change will not affect your status or rights under the Permit, or any status or rights of the DeparUnent that currently exist. To be~n implementing this program, the first payment will cover a six-month period, from October 1, 2004 to March 31, 2005. Therefore, the first bill will be for one-half of the annual cost. You should receive this bill on or about August 1, 2004, requiring payment within 30 days. The Department will reconcile and close out your existing account, and a refund check will be issued to you for any balance remaining. Thereafter, you will be receiving an annual bill prior to April lst of each successive year the permit is in effect. The language for the proposed modification is provided in the attachment to this letter. Additionally, before the start of the State fiscal year, the Department will provide you with a work plan with specific env'tronmental monitoring services that will be undertaken during the year. This work plan will appropriately document the monitoring services to be provided at the site during the annual period. The proposed modification will go into effect on July 7, 2004 unless you file a written statement giving reasons why the permit should not be modified, or you request a hearing, or both. This filing with the Department must be made within 15 calendar days of the mailing of this notice of intent to modify. If you fall to make a timely filing, the modification will go into effect on the date indicated above. If you have .may questions about this matter, kj.'ndly contact Scott Crisafulli, the Department's attorney for this matter. Mr. Crisafulli can be contacted at (518) 402-9507_ Thank you in advance for your anticipated cooperation. Sincerely, William Aariance Ch./el Permit Administrator Enclosnre cc: w/enc S. Crisafulli T. Cava K. Murphy Regional Permit Administrator w/out ~nc. T. Stetson D, Blackmm~ L. Korona EDMS#77975 MODIFICATION TO THE MONITOR PROVISIONS CONTAINED AT SPECIAL CONDITIONS PARAGRAPHS 24(a)124(d) OF DEPARTMENT ISSUED PERMIT #1- 4738-02967/00001 ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. Paragraphs 24(a)-24(d) of Permit #1-4738-02967/00001, which set forth the method for funding the Environmental Monitor, are hereby deleted and revised to read as follows: (a) Funds as required to support the monitoring requirements shall be provided to the Department for funding of env'Lronmantal compliance activities related to the operation of Respondent's Facility. This sum is based on annual Environmental Monitor service costs. Subsequent annual payments shall be made for the duration of this Permit to maintain an acco,mt balarfee sufficient to meet the next year's anticipated expenses. The permittee shall be billed annually for each fiscal year beginning April 1, 2005. One semi-annual payment shall be made for the period begriming October 1, 2004 to March 31, 2005, and thereafter the permit-tee shall be billed annually for each fiscal year be~nrdng April 1, 2005. (b) The Department may revise the required payment on an annual basis to include all costs ofmoni-toring to the Department. The annual revision may take into account factors such as inflation, salary increases, changes in operating hours and procedure, s;and the need for additional Environmental Monitors. Upon written request by the Permittee, the Department shall provide that entity with a written explanation of the basis for any modification. If such a revision is required, the Department will notify the Permittee of such a revision no later than 60 days in advance of any such revision. (c) Prior to making its annual payment, the Permit'tee will receive and have an opportunity to review an annual work plan that the Department xvill undertake during the year. (d) Payments are to be made within 30 days of receiving a bill from the Department. Payments for this account shall be in addition to any other fends previously paid by the Permittee for environmental monitoring services prior to October 1, 2004. 2. All other provisions of the Permit shall rema'm in fidl force and effect. 3_ The effective date of tiffs modification to the Permit is July 7, 2004. New York State Department of Environmental Conservation Division of Environmental Enforcement Bureau of Enforcement and Compliance Assurance, 14th Floor 625 Broadway, Albany, New York 12233-5500 Phone: (518) 402-9507 · FAX: (518) 402-9019 Website: www. dec.state.ny, us Mr. John Cushman Town of Southold P.O. Box 1179 Southold, NY 11971 Erin M. Crotty Commissioner June 18, 2004 "" ..... ~ ' Stipulations of Settlement to Account for Monitor Billing Stipulation #91 - 19050 and Stipulation #91-19273 Dear Mr. Cuslmaan: The purpose of this correspondence is to seek a modification to the above-referenced administrative Stipulations of Settlement ("the Stipulations") issued by the New York State Department of Environmental Conservation ("The Department") to your company or municipality. The Stipulations contain provisions requiring your company or municipality to fund au environmental monitor. The Department proposes a modification to. the Stipulations to address changes in the Department's monitor billing system. This change is necessitated by the need to streamline the system and make it easier to administer, consistent with the State's annual budgeting cycle. In addition, many entities have requested such a change in the billing system so that they can plan an annual budget for this expense, rather than make variable quarterly payments. As of April 1, 2005, the Department will bill out the costs associated with env'tronmental monitoring ser-Acas on an annual basis for activities in the upcoming year. This s:maple ministerial change will not affect your status or fights under the Stipulations. To begin implementing this program, the first payments will cover a six-month period, fxom October 1, 2004 to March 31, 2005. Therefore, the first bill will be for one-half of the annual cost. You should receive this bill on or about August 1, 2004, requiring payment within 30 days. The Department will reconcile and close out your existing accounts, and refund checks will be issued to you for any balance remaining. Thereafter, you will be receiving annual bills prior to April 1st of each successive year the Stipulations are in effect. The language for the proposed modifications are provided ni the attachment to this letter. Additionally, before the start of the year, the Department will provide you with xvork plans with specific environmental monitoring activities that will be undertaken during the year. This work plans will appropriately document the work to be performed at the site. In all cases,' environmental monitor work activities will be tracked throughout the year to ensure delivery of all necessary work activities_ The Stipulations provide that the parties may agree to modifyits terms in writing. Therefore, the Department is proposing that both parties execute, the enclosed Stipulation modifications to allow the Department's new billing method to proceed. After you have reviewed the proposed Stipulation modifications, please have the responsible corporate or municipal officer execute them before a notary public and return it to me within 30 days of the date of this correspondence. If you are tmwillhag to agree to these modifications, the Department will be forced to consider other options for implementing these modifications, including bringing these matters to an administrative or judicial hearing to seek these modifications. If you have any questions about this matter, kindly contact the undersigned. Thank you in advance for your anticipated cooperation. Sincerely, Scott Crisafulli Water Compliance Counsel Enclosure cc: w/eric_ T. Cava m. Mmphy ;v/out eric. D. Blackman T. Stetson L. Korona EDMS# 78000 CONSENT BY RESPONDENT Respondent hereby consents to the making, entering and filing of the foregoing modification to the Stipulation of Settlement without further notice and waives its fight to a heating herein. NAME OF RESPONDENT By: Title: Date: STATE OF NEW YORK ) ) SS.: COUNTY OF ) On this day of ,2004 personally came , to me known, who being by me duly sworn did depose and say that he/she resides at that he/she is the of , the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name as authorized by said corporation. NOTARY PUBLIC MODIFICATION TO THE MONITOR PROVISIONS CONTAINED AT ATTACHMENT 1, PARAGRAPHS I.B-I.B.2 OF STIPULATION OF SETTLEMENT #91-19273 ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. Attachment I, Paragraphs I.B-I.B.2 of Stipulation of Settlement, Index #91-19273, ;vh/ch set forth the method of ftmdin§ the Environmental Monitor, are hereby revised to read as follows: (a) Funds required to support the monitoring requirements shall be provided to the Department for funding of environmental compliance activities related to the operation of Respondent's Facility. This sum is based on annual Environmental Monitor service costs. Subsequent annual payments shall be made for the 'duration of this. Stipulation to maintain an account balance sufficient to meet the next year's anticipated expenses. One semi-annual payment shall be made for the period beginning October 1, 2004 to March 31, 2005, and thereafter the Respondent shal/be billed annually for each fiscal year beginning April 1, 2005. (b) The Department may revise the required payment on an annual basis to include all costs of monitor:n# to the Department. The annual revision may take into account factors such as,inflation, salary increases, changes in operating hours and procedures, ~,d the need for additional Environmental Monitors. Upon written request by the Respondent, the Departtnant shall provide that entity with a written explanation of the basis for any modification. If such a revision is required, the Department will notify the Respondent of such a revision no later than 60 days in advance of any such revision. (c) Prior to making its annual payment, Respondent will receive and have an opportunity to review an annual work plan for activities that the Department will undertake pursuant to the Stipulation, during the year. (d) Payments are to be made within 30 days of receiving a bill from the Department. Payments for this account shall be in addition to any other funds previously paid by Respondent for environmental monitoring services prior to October 1, 2004. 2, All other provisions of the Stipulation of Settlement shall rema'm in full force and effect. The effective date of this modification to the Stipulation of Settlement is the date the Commissioner, or the Commissioner's designee, signs this modification. DATE: Albany, New York ,2004 ERIN M. CROTTY Commissioner of Environmental Conservation of the State of New York By: Peter Scully, Re~onal Director CONSENT BY RESPONDENT Respondent hereby consents to the making, entering and filing of the foregoing modification to the Stipulation of Settlement without further notice and waives its right m a hearing herein. NAME OF'RESPONDENT By: Title: Date: STATE OF NEW YORK ) ) SS.-' COUNTY OF ) On this day of ,2004 personally came , to me kno~vn, who being by me duly sworn did depose and say that he/she resides at , tliat he/she is the of , the corporation described in and wkich executed the foregoing instrument; and that he/she signed his/her name as authorized by said corporation. NOTARY PUBLIC MODIFICATION TO THE MONITOR PROVISIONS CONTAINED .AT ATTACHMENT 1, PARAGRAPHS I.B-I.B.2 OF STIPULATION OF SETTLEMENT #91-19050 ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. Attaclxment I, Paragraphs I.B-I.B.2 of Stipulation of Settlement, Index #91-19050, which set forth the method of funding the Environmental Monitor, are hereby revised to read as folloxvs: (a) Funds required to support the monitoring requirements shall be provided to the Department for funding of environmental compliance activities related to the operation of Respondent's Facility. This sum is based on annual Environmental Monitor service costs. Subsequent annual pa>merits shall be m~de for the duration of this Stipulation to maintain an account balance suff165ent to meet the next year's anticipated expenses. One semi-annual payment shall be made for the period be~nning October l, 2004 to March 31, 2005, and thereafter the Respondent shall be billed annually for each fiscal year beginning April 1, 2005. (b) The Department may revise the required payment on an annual basis to include all costs of monitoring to the Department. The annual revision may take into account factors such as inflation, salary increases, changes in operating hours and procedures, and the need for additional Environmental Monitors. Upon written request by the Respondent, the Department shall provide that entity with a ~vritten explanation of the basis for any modification_ If such a revision is required, the Department will notify the Respondent of such a revision no later than 60 days in advance of any such revision. Prior to making its annual payment, Respondent will receive and have an opportanity to review an annual work plan for activities that the Department will undertake pursuant to the Stipulation, during the year. (d) Payments are to be made within 30 days of receiving a bill from the Department. Payments for this account shall be in addition to any other fimds previously paid by Respondent for environmental monitoring services prior to October 1, 2004. 2. All other provisions of the Stipulation of Settlement shall remain in full rome and effect. The effective date of this modification to the Stipulation of Settlement is the date the Commissioner, or the Commissioner's designee, signs tltis modification. DATE: Albany, New York ,2004 ERIN M. CROTTY Commissioner of Environmental Conservation of the State of New York By:. Peter Scully, Regional Director SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK THE TOW~ OF SOUTHOLD,~ ~ Petitioner, - against - THE DEPA~T/~ENT OF ENVI~O~AL CONSERVATION OF THE STATE OF NEW YORK, Respondent. X Index No. 91-19050 Justice Werner STIPULATION OF SETTLeMeNT IT IS HEPd~BY STIPULATED AND AGREED by and between the parties herein (i.e., the New York State Department of Environmental Conservation ("DEC," "Depar~ment,'' "N-YSDEC") and the Tow~ of Southold ("Town") as follows: 1. The above-referenced Article 78 proceeding, together with the Administrative proceedings presently .pending against the Tow~, 'bearing Department of Envirornnenta~ Conservation No. 1- 4020, is settled in accordance with the terms set forth below and in the "Compliance Schedule" attached hereto as Attachment 1 with Appendices and agreement attached hereto as Attachment 2 and incorporated by reference herein. All the terms and conditions Df the Compliance Schedule attached hereto as Attachment 1 with Appendices and the DEC-approved portions of the Agreement attached hereto as Attacb-ment 2 are the essence of this Stipulation. 2.. This proceeding as well as the pendin~ administrative proceedings shall be discontinued with prejudice without costs and disbursements awarded to any party on the te~-ms and 1 conditions set forth at Paragraphs 1 and 3 threugk 7, herein. 3. On October 8, 1993, the Town ceased the landfi!ling of any wastes at the Cutch0gue solid waste management facility. The To~n will not landfill any wastes at the Cutchog~e solid waste management facility in the future, except for cover materials approved by the DEC, which approval will not be unreasonably withheld. Th~s last sentence shall, not prohibit the To~n from continuing other solid waste management ~ctivities that are permitted or approved by the DEC at the C~tchog~e solid waste management facility. 4. The parties agree that this Stipulation settles, among other things,' all operational violations of the Pa~.~t 360 regula- tions applicable to the Cutchogue Landfill and the Fishers Island Metal Dump, whether asserted or not asserted by the DEC in the administrative proceedings recited above, tJ~rough the execution hereof. This does not foreclose, however, the DEC from pursuing any action within its authority and jurisdiction to enforce violations arising at the site after the execution hereof. 5. The parties hereby acknowledge that this Stipulation is in full satisfaction of any and all claims each has raised or could have raised against the other through the date of the signature hereof with regard to the operation of the Cutchogue Landfill under Article 27 of the New York State Environmental Conservation Law ("ECL" and ~ NYC~ 360 or any claims related theret6. This Stipulation may be so 2 o~dered by the Cou~ without further notice from one party to the other. It.may thereafter be enforced as a judgment of the Supreme Court of the state of New York. The parties agree r_hat this Stipulation may, alternatively, be enforced in an administrative proceeding instituted by the DEC. 7. This-Stipulation is refer~ed to as "Order" in Attachments 1 and 2, hereto. Dated: Stony Brook, New York 1994 G. Oliver Koppell Attorney General of the State of New York Attorney for Respondent New York Stat~ Department of Law 120 Broadway New York, New York 10271 By: Gregory J. Nolan Assistant Attorney General Frank Islet As Counsel for the Town of Southold Smith, Fi~elstein, Lundberg, Isler an~ ~akaboski 456 Grilling Avenue /} Riverbed, New York/l~/9;0~ - · ~ F~ank rIsler L~%ngdon Harsh Commissioner, New York State Department of EnvironmentJl Conse=vation By :. Ray E. Cowen, P.E. Regional Director Thomas Wickham Supervisor SO ORDEI~ED AND ENTE~D, HONOPd%BI2E M.M. WERNER, J.S.C. ATTACHMENT I Town of Southold Compliance Schedule GENERAL REQUIREMENTS A. Payments. !. There is hereby imposed upon the Town a civil penalty in the sum of Six Hundred Fifty Thousand ($650,000) Dollars, ~enty Five Thousand ($25,000) Dollars of which shall be paid on or before June 1, 1995. 2. The remaining $625,000 of the civil penalty shall be suspended, conditioned, upon the Town's payments as described below: (a) To the State University at Stony Brook (hereinafter "SUNY"), East End Environmental C~mp Program at the Baiting. Hollow Boy Scout Camp in Wading River in the Tow~ of Riverhead hereinafter "Project"): (i) Forty Five Thousand ($45,000) Dol!a~s on or before February 1, 1995. Notice of such deposit shall be given to the NYSDEC by March 1, 1995. (ii) Thirty Thousand ($30,000)' Dollars on or before June i, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) Fifty Five Thousand ($55~000) Dollars on or before February 1, 1996. Notice of such deposit shall be given to the ~YSDEC by February 15, 1996. (iv) Thirty Thousand ($30,000) Dollars on or before first day of February for five (5) years connnencing February 1, 1997. In the event of a default in any payment, the NYSDEC reset-yes the right to declare entire balance to be due. (v) The parties hereto agree that these monies shall be used to establish and maintain the East End Environmental Education Camp to be independently operated by SUNY, in accordance with the agreement entered into simultaneously herewith among the Towns of Riverhead, Southold and East Hampton and SUNY, a copy of which is annexed hereto and made a part hereof as Attachment No. II. it is acknowledged that the Towns' sole responsibility with respect co the projec~ is to provide the funds as set forth in paragraphs 2(a) hereof. (b) To the East End Economic and Environmental Insuituta for use in the Institute's project relating to the preservation and protection of natural resources and the envirorunent as follows: _. (i) $55,000 on or before February 1, 1995. Notice of suck deposit .shall be given to the NYSDEC by February 15, 1995. (ii) $45,000 on or before June 1, !995. Notice of such deposit shall be given to .the ~YsDEC by June 15, 1995. (iii). $70.~o00 .on. gr ~fore February 1, 1996. Notice of such deposit shall-be given to.the NYSDEC by February 15, 1996. - (iv) $35,000 on or before the first day of February for five (5) years commencing February:l, 1997. In t_he event of a default in any payment, the N~SDEC resez-~es the right to declare the entire balance to be due. ~. Ail projects must be submitted to the Department and approved by the Department prior to ~/ly :~onies being expended upon them. In addition, annual reports shall, be.!submitted to the Departmen~t by the Towns, beginning on December 15, 1995 and continuing ~ntil all. monies provided hereunder have· been expended, sett//lg forth the status and accomplishments of the DEC-approved projects and expenditures thereon. The projects are described in a proposal from Cornell Cooperative Extension to the Initiate a~d include (A) organic pesticide demonstration and testing; (B) agricultur.al comp0sting demonstration' and testing;· (C)' pest ~anagement research, (D).wetla~d restoration projects; and (E) other~projects as may be chosen .by the Institute, .the impl.~mentation Of w.~utch shall be s~bject to the review and approval of the NYSDEC,?.~hich shall not be Unreasonably withheld. · i ~:i~ , . . (c) . In the-~verfc that~!~.U~r~ is unable to continue to operate the . project for ..any reasonii~hatsoever, the parties agree to use their best .efforts to ~ind an air'native i~dependent contl-actor to replace SUNY. In the event, h6wever, that the monies are not used for a period in excess of two (2) years, the monies being held Ln escrow, together with the monies subsequently paid into that account pursuant to the schedule in subparagrap'..h. 2(a), above, shall be paid by the ·escrow agent to an alterna.tiv~ recipient or recipients ~o be proposed by the Towns and approved by .~%h.e Department. Upon the Department's approval, the escrow acdou/%t mus~.~. be modified accordingly. ~' . (d)' 'The Town.'s agreem,e~t with SUNY shall require the establishment of an iescrow account b~ S,~N.Y in which t~he amounts referred to in 2(a) above shall be paid~ p~ovided, however, that any expenditure from the escrow account mustl b~i~re-approved by the Department. The Town's agr~emen~ with SLrNY. mu~t also provide that an accounting of the escrow account must be provided to the NYSDEC by the 15th of each month beginning February 15, 11995- (e) The Regional ~tt~ney for Region One of the Department shall have 2 authority to approve expenditures from the escrow-account t~ be established by SUNY. (f) The DEC is not a party to the Agreement attached hereto as Attachment 2, but hereby approves Paragraphs 2-11, thereof. 3. Failure by the Town to comply with any provision of this Order, and the Attacb-ments attached hereto and made ~ pa~ hereof~ including any appendices thereto and the requirements of all approved work plans and associated approved implementation schedules, shall constitute a default and violation of this Stipulation, which shall subject the Town to the.following stipulated penalties for each violation of the Order, without further ad~inistra=ive or judicial adjudication: Day 1 throu=h 45 for each violation: $304 penalty per day. Day 46 and thereafter for each violation: $1,000 penalty per day. 4. Ail stipulated penalties and payments assessed pursuant to this section shall become due and owing on the 15th calendar day after receipt by the Sown of written notice of determination from the NYSDEC. 5. Beginning fifteen (15) calendar days after the date of sudn : notice, the Town shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the day on which it %~s due through,.and including, the date of payment. 6. Ail penalties shall be paid by certified check or money order, made payable to the "New York Stats Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq., Regional Attorney, Department of Environmental Conservation, Building 40, SoU.N.Y. Campus, Stony Brook, NY 11790-2356. B. Environmental Monitorinq. Nithin thirty (30) days of the execution of t~his Order, the Town shall pay to the NYSDEC, the s~m of $10,000 to be-placed in an acccunt for the NYSDEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with this Order. This su~ will be used toward payment of the first year costs for such activities, which su/~ shall be subject to quarterly revision by the NYSDEC. Subsequent quarterly invoices shall be submitted to the Town to maintain ~n accoun= balance sufficient to meet the next nine months' projected expenses. This nine mont~s advance account shall be made in accordance with the following provisions: 1. Quarterly invoice costs to be covered by this fund include: (a) Direct personal service costs and fringe benefits of~tke environmental monitor(s) and full-time supervisor(s), including the cost of replacement personnel for the person(s) regularly assigned to these positions. (b) ·Direct non-personal service costs, including but not limited to purchase or lease of a vehicle and its full operating costs, equipment travel, training, supplies and materials, and any appropriate chemical sampling and laborator~ analysis fees. (c) Inflation and .negotiated salary increases._ (d) Overhead and indirect support costs at the annually c~lculated indirect cost z-ate. 2. T,~e N~SDEC m~y revise the required qu'az~erly a~ount which revision ma~.~z~ke into account factors such as inflation, salary increases, ac~-ued.-interest to be applied to t~e balance, ch~_nges in operation ho~rs and procedu~e~, the need for additional or fewer on- site monitor~ .and supervision of such monitors by full-time monitor. supe~isors. The To~n may seek information from the Department as to t~e reason for any such revision, and such infor-mation shall not be unreasonably wi~b/held. It is understood by the paz~ies hereto that t~e sum of Ten ThouL~amd.~ ($10~000)' Dollars is based on the pro¥ision of funding for lO~-6f~tl~e cost as described aboV~-of one environmental monito~.uo~ition~'~!~iny q~rteriy.revision to this a~ount will be based on this sa~ t!~e'~f~'ca]~c~lation. 3. Withih ~th-~ ~(30.)~ calendar days after ~eceipt of a -quarterl~ st~te~-nt/invoice from the NYSDEC, the T~wn shall forward t_he amount due to the N-~SDEC at: ~UfS Depar~ment of E~vironmental Conservation, Room 608, ,~50 Wolf Road, Albany, New Y~ork 12233-1510, Attention: Director, Environmental Monitors. Payments are to be in · advanc~ .of~i't~eii-~riod in which they will be expended. 4. Upon. te~-~ination of this Order and payment of any outstanding costs, the. une'~Pe~ded balance, including interest, will be returned to Respond~nt~%~oh~!~DEC' app~bval of the Closure Certification Report for the lan. d~l!l(s!)~, ~el environmental monitor amount w~ll be reduced, commenS, urate ~i~ eX]~ec~d future costs of env~_ronmental monitoring pursuant to t~i~.'s ·~az-agr~ph I.B. · 5. Failure to submit timely payments shall be considered a violation of this Order which may be enforced pursuant to the terms of this Order and/or as otherwise provided by law. 6- The obligation under this Section (i.B.) shall terminate if a change in-law o~curs such that a monitor for this'subject f~cility would no longer· 6e~ required by law and/or regulation. 7. The Town 'shall not be liable'for any costs pursuant to ~is paragraph I.B. in excess of an annual ~moun~ of thirty thousand ($30~000) Dollars. C. Modification to Schedule Dates The parties hereto recognize that implementation may be subject to compliance with, among other things, the competitive bidding requirements of the General Municipal Law. The par~ies further recognize that delays may result in awarding contracts and implementation of contracts when such bidding process is required. .If any such delay occurs due to the bidding require- ment, the To%rn may' make application to the Department for a modification of the schedule dates herein, provided that the Town requests such modification at least ten (!0) business days prior to the date for which it is sought, and that said request provide justification for the modification sought, including a showing that the delay was due to circumstances beyond the Town's control. If such a modification request is made, the modification requested shall not be unreasonably wit_b_held by the Depar~-ment. This is not intended to limit to any extent the Town's right to apply for variances, waivers or modifications as provided elsewhere in this agreement or under Par~- 360. D. 360 ADmli~abilit¥ Unless otherwise specifically noted herein, the closure and postT closure requirements of the 360 regulations in effect on October 8, 1993, shall apply to this Compliance Schedule. However, should the closure and/or post-closure requirements subsequently be amended or revised so as to be less costly or onerous.to the Respondentf the · Respondent, at its sole option, can elect to proceed in compliance with the updated requirements. E. Request for Variance, Modificationsr Waivers The Tow~ may submit in writJ_ng to the Depart-merit bona fide requests for modifications of the time deadlines included in the "Technical Requirements" (Section II, below) of this Compliance Schedule, as well as variances, modifications or waivers under §360- 1.7(c), of any substantive Part 360 requirement. A bona fide request under this paragraph is defined as one which has been previously discussed with the Department's technical staff and been deemed, in writing, by such staff, to be tec~hnically complete and approvable regardless of staff's opinion as to whether or. not it will ultimately be approved on the merits. Any such variance, modification and/or waiver requests with regard to the provisions of I!.B. below, will be submitted by the Town no later than ninety (90) days of.the Department approval of the CiR. The deadlines here!n shall be suspended pending the Department's determination that the request is bona fide and its subsequent determination on the merits of any such bona fide recfues~. Variance, modification or waiver requests may be submitted subsequent to ninet]z 5 (90) days after the Department's approval of the CIR, but the deadlines imposed herein shall not be suspended during the Department's review and determination of such a request. As to requests for an extension of the time deadline(s) under this Order, if said requests are s~bmitted in w~iting to the Department at least thil-ty (30) days prior to the subject deadline(s), the subject deadline(s) will be suspended until the Department has rendered Such a determination in writing. Landfill Closure Fundinq. The Depa~h~ent and the Tow~.understand that interest-subsidized short and long-term loans are available through the Envirornnental Facilities.Corporation to fund municipal landfill closure costs, and that, in par~_icular shorh--term subsidized- ~nterest loans may be available to cover landfill closure costs pending the availability of landfill closure grants under the Environmental Protection Fund. ~_ny interest paid by the Town for loans pending Environmental Protection Fund ~ant..authorization would qualify as ~nt eligible costs unde~ the terms 10f the grant agTeement and applicable legal requirements. Further, the bepartment will take all necessary steps to facilitafe development of financing arrangements, including expeditious review and approval of the To%m%'s applications for funding under the Environmental Protection Fund that meet the requirements of the law i and associated rules and regulations now being promulgated by the Department. The Town's ~relative position on the grant eligibility list will be based,upon ~the date of applicatidn unless the application -is subse~ently disqualffied. II. TECHNICAL REQUIREMENTS:' A.' Generai'Re0Ui~ments Immediately, Respondent, having ceased operation of the Cutchoque Landfill on October 8, 1993, shall continue to maintain the Landfill in compliance with the requirements set forth in 6 NYCRR 360-1.14(w) and taka the necessary steps to maintain the landfill in compliance with the cover requirements set forth in 6 NYCP~R 360-2.17(d). B. Landfill Closure Recuirements: Within two (2) weeks of the date of the execution of this Order, Respondent sh~ll submit to the Department any and all of its existing reports and data relative to landfill gas and 6 Within forty-five (45) days of the Department's written notifi- cation to Respondent that additional investigations and data, if any, are necessary_ with regard to methane gas and hydrogeologic conditions at the site, Within one hundred and fifty (150) days of the completion of the implementation of the above-referenced workplan, or of t_he Department's deter- mination that no additional investigation or data is necessary, whichever is sooner, Within thi_~-ty (30) days of receipt of DEC's comments on the draft CIR, hydrogeologic conditions at the site. Respondent shall submit to the Department for its approval, an approvable workplan for the performance of such investiga- tions and gathering of such data. Said workplan shall include a proposed implementation schedule with Lmplementation to commence within fo~-ty-five (45) days of Department approval of the work, lan. Respondent shall complete implementation in accordance with the DEC approved workplan and schedule. Respondent shall submit to the Department, an approvable~ draft Closure Investigation Report (C!R) in compliance witt} 6 NYC~R 360-2.15 (a). A final, approv~ble CIR incorporating DEC'-s comments shall be submitted by Respondent to the Department for its approval. The Department-approved CIR shall be attached to and incorporated into this Compliance Schedule as Appendix A. Respondent shall perform such additional investigations as ~he Department determines necessa~t; due to the analysis and conclusion in the CIR. in the event additional investigations are determined by the Department to be necessm_v~, a schedule for these additional 1 "Approvabie" as used in this Order shall mean approvable by the~Depar~ment wi~k minLmal revision. "Minimal Revision'~ shall mean that Respondent~ can incorporate all revisions required by the Department and resubmi~ the plan for Department approval within fifteen (15) calendar days after receipt of writ~e~ comments of the Department. 7 Within one hundred ~nd eighty (180) days from the Department 'approval of CIR or Respondent's completion of any additional investigations deemed necessary by the Department, whichever is longer~ Within six~ (60) daysi'of the r~ceipt of DEC comments on the dr~ft CP, Within one hundred twenty (120) days after the date of approval of the Closure Plan, Within ninety (90) days after completion of all construction activities identified in the Department-approved CP, investigations will be mutually agreed to. Respondent shall submit to the Department am approvaJ31e draft Closure Plan (CP) in compliance 6 N-YCP~R Part 360-2.15; said plan to include an implementation schedule. Respondent shall su~mit a final approva3ole CP incorporating the DEC's comments to the Depal-tment for its approval. The Department- approve~ CP shall be attached to and incorporated into this Compliance Schedule as Appendix B. Respondent shall commence implemen- tation and complete it in accordance with'the Depar*-ment-approved Closure Plan and Schedule. Respondent shall submit to the Department for its approval, an approvable Closure Certification, Report (CCR), which shall includ~ a w~itten certification of individuals licensed to prmctice engineering in the State of New York; that all construction activities identified in the Department-approved CP were undertaken in accordance with each requirement of 6 NYCP~q P~rt 360 and this Order. The Department-approved CCR shall be attached to and incorporated into this Compliance Schedule as Appendix C. The Department specifically acknowledges -that if the approved CP' includes a landfill cap, the To~n may apply for variances so that the cap meets the following minimum requirements: (1) a geomembrane barrier with a barrier protection layer of 12" of soil; '(2) a 12" gas venting layer that has a maximum of ten (10%) per cent by weight passing through the ~200 sieve after p~acementy (3) a minimum final 6" layer composed of any material ~a~ can be shown to be ~fole to continually support plant life. The Department ac~owledges that based upon the facts as presently known, such variance applications, if they meet the applicable procedural standards, will be deemed bonafide as defined in I.E. above, and absent extenuating circumstances revealed in the Department's review of the applications, will be acted upon favorably by the Depa~Lment. As concerns any application for variances for ground and surface water monitoring for ~he landfill: (1) upon implementation of the DEC-' approved Closure Investigation Report in accordance with this Stipulationf and (2) upon implementation of complete baseline parameter monitoring one (1) year from the date of initial base- line monitoring in performance of, the approved hydrogeologic work plan and. approved C~R, and · (3) upon implementation of quarterly routine monitoring for two (2) years from the date of initial baselJ_ne monitoring in accordance with the approved Work Plans and approved CIR2, ~ the.To~ may thereafter monitor grou_~d and surface water semi- annually for routine parameters ~_nd every three (3) years for baseline parameters, u~less monitoring repo~s reveal a contravention of applicable ground and/or surface water standards deemed material by the DEC in accordance with the following procedure. 2 In the event that the Town demonstrmtes that existing monitoring data satisfies all or pal-c of the initial baseline and/or routine monitoring requirements of this variance, all or part of' the iniLial baseline and/or routine monitoring may be waived by the DEC. If a new or increased contravention of ground and/or surface water standards is documented, the Town may demonstrate to.the DEC that the contravention is non-material. If the Town does not make this submission, such contravention will be deemed material. Upon such a demonstration and prior to requiring increased routine and/or baseline monitoring, the Department must find the contravention to be material by considering the following factors.: (1') the toxicity or other hazard of the contravening substance(s); (2) the potential impacts to public health (including drinking water supplies), the environment or natural resources threatened by the contravention; (3) whether the contravention may reveal a potential failure of th~ landfill cap. Notwithstanding the procedure set forth in this paragraph, upon finding by the Department that the contraven- tion is material, the Tow~ shall perform, additional monitoring deemed necessary by the Department to determine the scope and nature of pollution by the contravening substance(s) and ass6ciated substances pending resolution of any dispute that may arise regarding the Department's finding that the contravention is material. C. solid Waste Manaq~ment Plan Within one hundred andtwenty (120) days of receipt of DEC's comments on the revised Solid Waste Management Plan (SWMP), Respondent shall submit to the Department, an approvable revised draft of the Solid Waste Management Plan (SWMP) which includes a Comprehensive Recycling Analysis (c~u~). within thirty (30) days of receipt of DEC's comments on the revised draft SWq~P, Respondent shall submit an approvab!e final SWMP to the Department. The Department-approved 'plan shall be attached to and incorporated in~o this Compliance Schedule as Appendix D. Upon ~p~roval of the S~P Respondent shall implement the 10 by the Depa~ment, approved D. Permanent Transfer Station Within two hundred and seventy (270) days of the date of execution of this Order, The To~m shall submit to the Depart- ment, a complete ~nd approvable application for one of the following alternatives: (.1) a permit pursuant to 6 NYCR-~ Part 360 for the operation of a solid waste management facility for the collection at and transportation from the site of municipal solid waste generated within the Town; (2) registration pursuant to Part 360 for the ti~P_e of facility described above in $iI; and/or (3) an alternative plan for the disgosal of waste. E. Reclamation Within twelve (12) months of the date of ~xecution of this Order, The Town, at its sole option and discretion, shall have the right to investigate the feasibility of complete and/or partial reclamation of the facility pursuant to 360-2.!8, effective October 9, 1993, as a partial or complete alternative to closure and shall have submitted:to the Depal-tment, an approvable Feasibility Study Report. Withih three (3) months of the Department's approval of the Fea~ibi!ity Study Report, with findings that reclamation is feasible, The .Town shall have submitted to the Department for its approval, an approvable reclamation workplan with an implementation schedule. Upon Depa~-~.ment approval of the reclama- tion work-plan, it shall be imple- mented by the Town in accordance with the approved plan and shall be attached to and become incorporated into this Schedule as Appendix E. Upon DEC approval of the reclamation' plan, the To~n shall have the right to seek a modification of the deadlines in this schedule for tasks in the Closure Plan Implementation which may be impacted by reclamation. The Town shall no5 be held in default under this schedule if they are waiting for a response from DEC to their re_cDlest for such a modification 'after DEC approval of a reclamation plan, nor shall the Town be held in default under this schedule if they have submitted an approvable feasibility study reporm in !I accordance with this schedule and have not yet received a Department decision on it. DEC's approval of any such modification requ/est shall not be unreasonably with//eld. It is understood herein that this option is to be explored by the Town concurrently with the time frames in this schedule, and not as a substitute for t~em, until such time as a reclamation plan is approved by the Department. F. Fishers Island Metal Duma Closure Requirements Within one hundred and eighty (180) days of the date of execution of t~lis Order, The TowN shall submit to t_he Depart- ment fo~ its approval, an approvable Closure Plan or approvable specifications for total waste removal, with implementation schedule, identifying the method of closure of the Metal Dump. The Town' shall implement the closure plan Ds approved by the Departnnent. Within sixty (60) days of the date of execution of this Order, Reclamation of Mined Area R~spondent shall submit a revised updated ap~rovable reclamation plan for the ±5 acre mined area of the Cutchogue Landfill in letter form. Said plan shall include a request for a variance from the 25 foot buffer requirement, which variance will be acted upon favorably by the Department, absent extenuating circumstances revealed in the Department's review of the application letter; a minimum 1:2 slope to be established and definitive narrative statement as to the proposed land use objective. Said plan shall include a timetable with reclamation to be completed no later than one (1) year from its initiation. The Town shall implement the plan as approved by the Department. The Department hereby ackd~owledges that the ~ow]~ has submitted a mining and reclamation plan in December, 1987. 12 ATTACh~4ENT II AGREEMENT, made and entered into this day of October 1994 by and between the To~s of Riverhead, Southo!d and East Hampton ("Towns"), and tile State University of New York at stony Brook ("SUNY[') on behalf of its Center for Excellence and Innovation in Education, who will work in conjunction with the Marine sciences Research Center. The parties to this agreement hereb~ agree that: i. The Towns hereby retain the services of SUNY for purposes of developing, implementing and operating the East End Environlmental Camp (the Project), which is more fully described below. 2. Within ninety (90) calendar days after execution of this Agreement, SUI~Y shall submit to the New York State Department of Environmental Conservation ("DEC"), a plan and description of the Project ("Project Plan!'), including a schedule for development and implementation of the project for conunencement, during the Sua~er of 1995. The. Project Plan shall, at a minimum, include the following: a. Beginning on January 1~, 1995, submittal by SLrNY to the DEC and the Town, an annual budget and proposed program for the following summer season on or before November 15 of each year; b. Beginning on October 1, !995, submittal by SUNY to the DEC and the Town, an annual year end report on the prior sunLmer's experience by no later than October 1 of each year; c. Provision for at least three (3) one-week sessions per sunu~er of ~he environmental education camp commencing in the sunumer of 1996, serving approximately 100 (but not less'than 75) campers per week, including contractual arrangements with the Baiting Hollow Camp or an acceptable alternate site, and provision for necessary supplies, equipment.and associated contractual services; a one-week experimental camp serv~_ng 100 (but not less than 75) ca,pets per week shall be conducted during the s~mmer of 1995. d. Provision for hiring, training and qualifications of conservation camp s~pel-visor(s), conservation c~mp counselor(s), and all other employees necessary pursuant to any applicable laws, rules and re~u/lations for such projects and/as necessary to implement the Project; e. A curriculum comparable to that de~e!oped for existing environmental education camps in New York.State, centering on natural resources and environmental quality through active participation in the environment, including but not limited to studies to be conducted in streams, ponds, marshes, coastal ~nvironments and woodlands in the environment of the camp so as to lead to a better understanding of the interconnections of 'components of the environmenti aimed at developing environmental literacy and the acceptance of personal responsibility for stewardship of resources; and emphasizing the importance and value of the marine resources and their history on Long Island; f. Provision for necessary capital improvements to selected camp site; and g. Provision for the establishment cf a schedule for qamper tuition/fees and eligibility criteria; S%~Y shall exercise best efforts to ensure that at least 30% of the campers reside outside of Suffolk County; SUNY shall also establish a program for at least 30% full-paid scholarships based upon economic need. Fifteen (15%) percent of such full paid scholarships shall be per Town for camper participating herein, for residents of ~e Town. h. Provision for at least 15% of available camper spots to be offered to children from each of the To~ns participating Ln the funding of the Project. (i) A plan for recruitment of attendees to meet the percentages noted in g and this section h. The rec~uitment for the 15% from the Town will be coordinated through the Town's recreation department. If the 15% have not been filled within ninety (90) days of the stal-cing d~te of that su~er's camp, SUNY~ reserves the right to fill any vacant spots from other 3. Upon approval by the DEC of the Project plan, SUNY shall implement the Project Plan as approved. 4. if the Baiting Hollow Camp site should for any reason become unavailable, any alternate site selected by SU~Vf shall be located in one of the Towns p~rticipating in the Project. 5. The parties acknowledge that SUNY is an independent contractor and solely responsible for the planning implementation and opera,ion of the Project. SUNY shall, to the fullest extent authorized under the New York State Court of Claims Act and case decisions thereunder, be responsible to the Towns {and DEC} for all liability, demands, claims, suits, losses, damages, causes of action, fines or judg/nent$, including costs, reasonable attorneys' fees if assessed by a court of competent jurisdiction, witness fees and expenses incident thereto, for damages to persons or property arising out of or in connection with the Project if caused bY negligence of the center, its agents or employees.. In addition, SUNY shall purchase and maintain liability and/or any other insurance necessary for the implementation of the Project in the appropriate amounta but not less than One Million Dollars per person and Three Million Dollars per incident. Said insurance shall name the Towns and the DEC as additional insureds. 6. Beginning on February 1, 1995, SUNY shall as prescribed in. Attachment I incorporated herein receive from the Towns funds on or before February 1 of each year 'for that year's summer camp. If, for any reason, SUNY does not implement-the Project after having withdrawn funds from the escrow account, any funds not already dedicated for a specific purpose-will be i~mediately returned to the DEC for return to the escrow account. 7. SI/NY acknowledges that the source of the funding for the project is monies paid by the Towns into an escrow fund 'established and maintained by-SUNY under sole and exclusive control in amounts specified in stipulations of settlement entered into between each Town and NYSDEC on this date, and fees paid by users. SUNY acknowledges that it is familiar wi~h the ter~s of the stipulations and in particular, with the monies to be paid and the dates when they are due. SUNY further acknowledges that neither one of the Towns will provide any additional monies other than those specified in the stipulations of Settlement an~ that NYSDEC mnd SUNY is providing no independent funds {'or the Project. 8. SUNY shall expend money only from the escrow account upon prior approval by the NYSDEC's Regional Attorney after submission of an annual budget. Ail disbursements from the account must be made in accordance with the Department approved budget. 9. The parties hereto agree that this Agreement shall remain in effect from the date of its exeoution.u-~ti! October 1, 200!, provided, however, that if monies paid by these Towns remain in the escrow account after October 1, 2001, this Agreement shall remain in effect until all monies ade_quate for the continued operation of the camp in said account have been expended. SUNY may elect to telnninate this agreement in ~he' event adequate monies are not available. Such termination shali be effective upon the Towns.and DEC's receipt of written notice. Said notice to be at least sixty (60) days prior to an? such termination. 10. SUN-f_ acknowledges its obligation to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan. If the NYSDEC determines that SUNY has failed to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan, SUNY, upon notification from the NYSDEC, must return any monies not dedicated for a specific purpose to the escrow account, which ~he N~fSDEC dete_~nines to be necessary. The parties hereto hereby recognize the authcrit'; of the NYSDEC to make determinations in this regard. !I. It is understood and agreed to by the parties hereto, chat SUNY shall be ~e!ieved of a_~ obligations herein in ~= evenn an 5 acceptable camp site suitable to car_~y out such obligations is not avsilable or in the event circumstances beyond it's control prevent SUNY's opera~ion of the camp. 12. The provisions of Exhibit A (Standard State clauses) are incorporated herein. IN WITNESS W}IE1REOF, the parties hereto have hereunto set their hands hereby acknowledging that the provisions of this agreement shall be bind/i~ upon them and any successors thereto. TONY BULLOCK/ '~' SuperviSor on eha l/of // Town of E~st Ha~pto~ / THOMAS WTCKHAM Supervisor on behalf of the Town. of Southold JOSEPH JANOSKI Supe~;isor on behalf of the Town of Riverhead MICPIAEL DEFLARTIS Director of Purchasing and Stores Purchasing State University of New York at Stony Brook STATE OF NEW YORK) COUNTY OF SUFFOLK) On This , ~ day of SS.: 1994, before me personally came Tony Bullock, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he execut?d the same. JS~N R. HORNSCK N'O~ARY 'PUBLZC STATE OF NEW YORK) COUNTY OF SUFFOLK) On this ~/--'-~/day of ~ personally came Thomas Wickham, 1994, beret9 me to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. STATE OF NEW YORIK) COUNTY OF SUFFOLK) On this day of · 1994, .before me personally came Michael DeMartis, to me ~nown and known to me to be the.individual described in and wko executed the foregoing instrument and he acknowledged to me that he ex_~uE_d the same. NOTA.~Y PUBLIC STATE OF NEW YORK) COUNTY OF SUFFOLK) On ~his day of 1994, before me personally came Joseph Janoski, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. NOTARY PUBLIC LS;A:encehamp1004941s State Assistance Municipal Landfill Closure Program (6 NYCRR Subpart 360-9, effective September 1, 1990) MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN- FACILITY NA~IE Town of Southold Landfill EXTENT OF WASTE DEPOSIT (ACRES) approx. 30 FACILITY ID# FACILITY LOCATION COUNTY FACILITY OWNER FACILITY OPERATOR cONrFACT PERSON ADDRESS PHONE NO: County Road 48 , Cutchogue, NY Suf~lk Town of Southold Town of Southold J~mes Bunchuck, for Tom Wickham, Town Supervisor Southold Town Solid Waste Districtr P.O. (516) 734-7685 Box 962. Cutchogue,.NY 119 35 STAGE BEGIN DATE Prepare Closure Investigation Work Plan Perform Closure Investigation 9/95 P/A Prepare Closure Investigation Report Prepare Closure Plan 1/96 P/A 7~96 P/A Perform Vector 3/97 Remediation, if required P/A Construct Leachate Collection System, if **(see rever~J required ~/~ **(see reverse) Construct Gas Venting Layer and Gas Collection/Control System P/A *Draft Plan submitted to DEC in March, 1995. (9/90) END DATE COST 11/94 (A) 3/95 (A) $ 10,000. 12/95p/A $ 70,000 E/A 4~96 P/A 20,000 E/A 12196 P/A $ 100,000 E/A 4/97 P/A $ 25,000 E/A P/A E/A P/A E/A Currently awaiting DEC comments. Page lB of 2B MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (cont'd) STAGE Construct Barrier Layer Construct Barrier Protection Layer BEGIN DATE **(see. b~}~TM) **(see below) P/A (see "Construct/A Construct Topsoil Layer Landfill Coverl.I PI~ ) Establish Vegetative Cover Construct Landfill Cover 3/9? Prepare Construction Certification Report 1/qB P/A Notes: p : Prospective A: Actual E: Estimated END DATE 12/97 3/98 TOTAL: COST E/A P/A P/A E/A P/A E/A P/A E/A $2,000,000 P/A $ 4o,oooE/A $2,265,000 **Construction cost of the cap is based on the Town of Southold's plan to place an asphalt compost pad over approximately 11 acres of the landfill and a soil and vegetative cover over the remaining 19+ acres. If NYSDEC does not approve this plan and requires a typical Part 360 cap, including a geomembrane barrier, the cost of construction would be about $6,000,000. (9/90) Page 2B of 2B J~.rDrrfl T. TERRY TOI~FN CLEP,.K REGISTtL-kR OF VITAL STATISTICS i~L~qRIAGE OFFICER RECORDS MANAGEMENT OFI~qCER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main 1~ad P.O_ Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 25. 1995: RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE S OF ARTICLE 54 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW. WHEREAS, the Town of Southold, herein called the "Municipality" has hereby determined that certain work, as described in the state assistance application and any amendments thereof, herein called the "Proiect", is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized state assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be in the public interest and benefit uncler this law to apply therewith; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold That Thomas Wickham, Supervisor of the Town of Southold, is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid Waste, New York State Department of Environmental ConserYation, 50 Wolf Road, Albany, New York 12233-4Q10, together with the application; and 3. That this Resolution take effect immediately. ,~' Judith T. Terry ~ Southold Town Clerk July 26, 1995 CERTIFICATE OF RECORDING OFFICER I, Judith T. Terry, Town Clerk of the Town of Southold, hereby certify that the attached Resolution is a true and correct copy of the Resolution, authorizing the submission of a state assistance municipal landfill closure application, as regularly adopted at a meeting of the Southold Town Board, duly held on the 1995; and further that such Resolution has been fully Southold Town Board Meetings Minute Book in my office. In witness hwereof, I have hereunto set my hand this July, 1995. legally convened 25th day of July, recorded in the 26th day of (S E A L) ~' Judith T. T4rry Title: Southold Town Clerk TO~t'OF~OUTHOLD I~iMORANDUM To: Date: Norman Nosenchuck, Director Division of Solid Waste // NYSDEC, 50 Wolf Road, Albany, NY 12233-4010 ~/ Thomas Wiekham, Supervisor, Town of Southold August 15, 1995 SUbject: Landfill Closure Assistance Application I hereby' submit the following statements in support of The Town of Southold's application for State Assistance For Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the Environmental Conservation Law, as required. 1 ) SITE CLASSIFICATION The Southold Town Landfill was delisted from the State Registry of inactive hazardous waste sites and was removed from the list of potential (Class 2a) hazardous waste sites by the DEC in October 1993. These actions were taken as a result of findings of the .July 1991 Part 360 and Phase II Hydrogeologic Investigation, and subsequent sampling events. 2) SITE USE AFTER CLOSURE Once closed pursuant to Part 360 regulations, the closure project area will not be considered for the location of any future landfilling activity. Nor is the Town considering using the area for any other purpose, with the exception of the asphalted portion will be used for the proposed yard waste composting program, pending DEC approval. - After closure, any uses of the area or portions thereof would be undertaken only in accordance with DEC regulations. 3) POST-CLOSURE OPERATION AND MAINTENANCE The Town will fund and implement post-closure monitoring and maintenance of the landfill closure site in accordance with Subdivision Memorandum to Norman Nosenchuck, Director Page Two AUgust 15, 1995 360-2.15(i) of the regulations, and in consideration of variances available in the Town's stipulaied agreement with the DEC. BOARD RESOLUTION OF JIJLY 25, 1995: / rnomas' WlCKilam l~a e Supervisor, Town of Southold · JUN-OS-19D5 88:11 NYS DEC_ AFFI~t~ATIVE ACTION WORKPLAN NEW YOP~K STATE DEPART}tENT OF F/~VIRON~E~TAL CONSERVATION Municipality m Town of Southold 53095 Main.-Rd. Au=!~or i zed Represan=a=ive Thomas Wickham Address 53095 Main Rd. City Southold Southold Zip Code 11971 Au~horiz ed Signature Zip Code 11971 Phone No. (516)765-1889 iAff~rmative Ac=ion Represen=a=ive James McMahon PhOne No. (516)755-189h PROJECTED. EEO AND MBE/WBE CONT~ACT SLg{HARY I % J Amount . To=al ~roje~= I I00/ $2,265,000 Dollar Value · MBE Applied~ 15 / $ 339,750 ProJ eeo Goal 5 / $ 113,250 . WBE Applie~ ~ruj ec= Goal Total Employee Total Minority EmDloyees Goal 7. To=al Female EEO Combined 'Totals 20 4. M~E'/W2E Com- bined Totals $. 453,000 % · N'o./Empl.. TBD TBD TBD · T.BD ;O:H '~.-u.~ O&--='..~C'~ O~ AFPZi~v. ATTym A~ON USE ~E ( % )] EZO-~omen (%) ' t In£=ials SOUTHOLD TOWN LANDFILL CLOSURE PROJECT AFFIRMATIVE ACTION WORKPLAN State Assistance Municipal Landfill Closure Program for Assistance for Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the Environmental Conservation Law The Town of Southold will comply with the following affirmative action and equal employment opportunities provisions, as found in: Federal Executive Order No. 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as amended; 38 U~.C. 4212 of the Viemam Era Veterans Readjustment Assistance Act of 1974; the Age Discrimination Act of 1967, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; Section 109 of the Housing and Community Development Act of 1974, NYS Executive Law, Article 15-A. and all other State and federal statutory and constitutional non-discrimination provisions. The Town of Southold is committed to carry out the intent of New York State Executive Law, Article 15-A, as they pertain to the activities financed by the State Water Pollution Control Revolving Fund Program loan. The Town of Southold will develop a comprehensive MBE/WBE-EEO program which will assure the meaningful participation of minority and women's business enterprise in contracting and the meaningful participation of minorities and women in the workforce(s) associated with the Southoid Town Landfill Closure. James C. McMahon, Executive Assistant, Town of Southold shall be the local governmental official responsible for administrating the approved comprehensive Affirmative Action Program. The Town of Southold has begun work on the final closure and capping of the Town Landfill in Cutchogue, New York, in accordance with the stipulation settlement between the Town and the DEC of October 5, 1994. The landfill property encompasses approximately 60 acres, about one-half of which contains material landfilled from around 1920 through October 8, 199~}, when all landfill activity ceased. All manner of mixed municipal solid waste is buried at the site, including household trash, small business commercial waste, septic waste (sludge), construction and demolition debris, and yard waste. There is no industrial waste buried at the site. In addition, burial of Household Hazardous Wastes virtually ceased in 1986, when Southold became the first municipality in New York State to establish a permanent HHW facility. Since the landfill opened prior to the establishment of Part 360 Regulations it was constructed without a liner. Also, portions of the currently required 100 foot buffer zone between the landfill and its property boundaries have been used for landfilling solid waste in the past, prior to the current requirements. The Town has requested variances from these requirements and plans to request additional variances from specific closure requirements, as described in the stipulated agreement. The Town expects to propose a cap consisting of an. asphalt pad over roughly 11 acres of the site that is at a relatively flat grade consistent with surrounding properties, and which contains the oldest waste mass in the landfill, and a 19' acre vegetative and soil cover over the remaining landfill area, much of which is 20 - 30 feet above surrounding grade. The contractor(s) shall provide services in support of a series of engineering, analytical, and construction work phases required to meet Part 360 Closure Requirements, subject to approved variances, some of which have been applied for by the Town and are under review by the NYSDEC. These phases of work be~n with preparation of the Closure Investigation Workplan (already completed and submitted to NYSDEC; awaiting comments) through the final Construction Certification Report (see Closure Project Workplan, attached). The Closure Investigation Work Plan provides a detailed description of the investigation field activities, including the sampling and analytical quality assurance/quality control program to be undertaken in the Closure Investigation. The Closure Investigation Report will present findings of the field work and lay the basis for the Closure Plan. The Closure Plan will involve the engineering work necessary to develop the plan and specifications for the closure, including the actual construction activity, and the gas, leachate, and runoff control mechanisms. Construction of the landfill cover itself will include the work necessary to lay the asphalt pad and vegetative cover described above. The Town plans to use the pad for a NYSDEC approved yard waste compasting program. The soil and vegetative cover will be designed to discourage runoff and promote evapotranspiration of rainwater, subject to NYSDEC approval. The construction phase will require considerable regrading of the site and special landscape expertise. New York State Department of Environmental Conservation Regional Director, Region One BuildinQ 40 - SUNY, Stony Brook, New York 11790-2355 Phone: (516) 444-0346 FAX: (516) 444-0349 John P. Cehitl Comrniss[oner JUL I 5 1998 Dvirka & Bartilucci 330 Crossways Park Drive Woodbury, Ne~v York 11797-2015 · Attention: Thomas F. Maher, P.E_, Vice President Dear Mr. Maher: This~is.in~e~ponse to yoUX'fg~tuest 6n b&half0f th~ T0wn 0fS0uthold,.for 0'f~h~Sbpul~bon O~'Settlcment (Index No. 91-19050) executed on October 5, 1994. The modification requested is for an extension of time of 60 days, to August 17,1998, to submit the Town's approvable Draft Closure Plan. Your request is based upon design changes involving the Town's decision, after consultation.with DEC, to change the location of the proposed yard waste composting facility. Based upon these circmnstanc~S;~-an ~xten~i6his'~nted2 Accordingly, the milestone date is Section liB on Page 8 of Attachment I of said stipulation is hereby changed fi~om "Within one hundred and eighty (180) days fi.om the Department's approval of CIR or Respondent's completion of any additonal investigations deemed necessary by the Department, whichever is longer," to "On or before August 17, 1998". All other terms and conthtions of the stipulation remain in full force and effect. Regional Director REC :MEC :nb cc: Hon. Jean W. Cochran A:RECLegal/Maher JUL 2 O 898 SUPERVISORS OFFICE TOWN OF SOUTHOLD SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK THE TOWN OF SOUTHOLD, Petitioner, - against - THE DEPA~qTMENT OF ENVIROI~ENTAL CONSERVATION OF THE STATE OF NEW YORK, Respondent. X X Index 'No. 91-19050' Justice Werner STIPULATION OF SETTLEMENT IT IS HEREBY STIPULATED AND AGREED by and between the parties herein (i.e., the New York State Department of Environmental Conse~-vation ("DEC," "Department," "NYSDEC") and the Town of Southold ("Town") as follows: 1. The above-referenced Article 78 proceeding, together with the Administrative proceedings presently pending against the Town, 'bearing Department of Environmental Conservation No. 1- 4020, is settled in accordance with the ter~s set forth below and in the "Compliance Schedule" attached hereto as Attachment 1 with Appendices and agreement attached hereto as Attachment 2 and incorporated by reference herein. All the terms and conditions pf the Compliance Schedule attached hereto as Attachment 1 with Appendices and the DEC-approved portions of the Agreement attached hereto as Attachment 2 are the essence of this Stipulation. 2.. This proceeding as well as the pending administrative proceedings shall be discontinued with prejudice without costs and disbursements awarded to any party on the ter~s and conditions set forth at Paragraphs 1 and 3 through 7, herein. 3. On October 8, 1993, the Town ceased the landfilling of any wastes at the CutchQgue solid waste management facility. The Town will not landfill any wastes at the Cutchogue solid waste management facility in the future, except for cover materials approved by the DEC, which approval will not be unreasonably withheld. This last sentence shall not prohibit the Town from continuing other solid waste management ~ctivities that are permitted or approved by the DEC at the Cutchogue solid waste management facility. 4. The parties agree that this Stipulation settles, among other things,' all operational violations of the Part 360 regula- tions applicable to the Cutchogue Landfill and the Fishers Island Metal Dump, whether asserted or not asserted by the DEC in the administrative proceedings recited above, t~rough the execution hereof. This does not foreclose, however, the DEC from pursuing any action within its authority and jurisdiction to enforce violations arising at the site after the e~ecution hereof. 5. The parties hereby acknowledge that this Stipulation is in full satisfaction of any and all claims each has raised or could have raised against the other through the date of the signature hereof with regard to the operation of the Cutchogue Landfill under Article 27 of the New York State Environmental Consel-vation Law ("ECL" and 6 NYCRR 360 or any claims related theret6. 6. This Stipulation may be so ordered by the Court without 2 further notice from one party to the other. It may thereafter be enforced as a judgment of the Supreme Court of the State of New York. The parties agree that this stipulation may, alternatively, be enforced in an administrative proceeding instituted by the DEC. 7. This Stipulation is referred to as "Order" in Attachments 1 and 2, hereto. Dated: Stony Brook, New York 1994 G. Oliver Koppell Attorney General of the State of New York Attorney for Respondent New York Stat9 Department of Law 120 Broadway New York, New York 10271 By: Gregory J. Nolan Assistant Attorney General Frank Islet As Counsel for the Town of Southold Smith, Fi~elstein, Lundberg, Isler'an~ Nakaboski 456 Grif~jng Avenue/} Riverbed, New York/ll9.0L ~ Frank 'Isler Langdon Marsh Commissioner, New York State Department of Environmental Conservation By: Ray E. Cowen, P.E. Regional Director Town utho~ Thomas Wickham Supervisor SO ORDERED AND ENTERED, HONORABLE M.M. WERNER, J.S.C. ATTAC}~ENT I Town of Southold Compliance Schedule GENERAL REQUIREMENTS A. Payments. 1. There is hereby imposed upon the Town a civil penalty in the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty Five Thousand ($25,000) Dollars of which shall be paid on or before June 1, 1995. 2. The remaining $625,000 of the civil penalty shall be suspended, conditioned upon the Town's pa!rments as described below: (a) To the State University at Stony Brook (hereinafter "SUNY"), East End Environmental Camp Program at the Baiting. Hollow Boy Scout Camp in Wading River in the Town of Riverhead (hereinafter "Project"): (i) Forty Five Thousand ($45,000) Dollars on or before Februaz-y 1, 1995. Notice of such deposit shall be given to the NYSDEC by March 1, 1995. (ii) Thirty Thousand ($30,000)' Dollars on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) Fifty Five Thousand ($55,000) Dollars on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) Thirty Thousand ($30,000) Dollars on or before the first day of February for five (5) years co~umencing February 1, 1997. In the event of a default in any payment, the N¥SDEC reserves the right to declare the entire balance to be due. (v) The parties hereto agree that these monies shall be used to establish and maintain the East End Environmental Education Camp to be independently operated by SUNY~ in accordance with the agreement entered into simultaneously herewith among the Towns of Riverhead, Southold and East t[ampton and SUNY, a copy of which is annexed hereto and made a part hereof as Attachment No. II. It is acknowledged that the Towns' sole responsibility with respect to the project is to provide the funds as set forth in paragraphs 2(a) hereof. (b) To the East End Economic and Environmental Institute for 1 authority to approve expenditures from the escrow.account tQ be established by SUNY. (f) The DEC is not a party to the Agreement attached hereto as Attachment 2, but hereby approves Paragraphs 2-11, thereof. 3. Failure by the Town to comply with any provision of this Order, and the Attachments attached hereto and made ~ part hereof, including any appendices thereto and the requirements of all approved work plans and associated approved implementation schedules, shall constitute a default and violation of this Stipulation, which shall subject the Town to the~.following stipulated penalties for each violation of the Order, without further administrative or judicial adjudication: Day 1 throuqh 45 for each violation: $306 penalty per day. Day 46 and thereafter for each violation: $1,000 penalty per day. 4. Ail stipulated penalties and payments assessed pursuant to this section shall become due and owing on the 15th calendar day after receipt by the To~n of written notice of determination from the NYSDEC. 5. Beginning fifteen (15) calendar days after the date of such notice, the Town shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the day on which it was due through, and including, the date of payment. 6. Ail penalties shall be paid by certified check or money order, made payable to the "New York State Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq., Regional Attorney, Department of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony Brook, NY 11790-2356. B. Environmental Monitorinq. Within thirty (30) days of the execution of this Order, the Town shall pay'to the NYSDEC, the sum of $10,000 to be-placed in an account for the NYSDEC environmental compliance monitoring activities for the Town's facilities, landfill compliance and closure activities and compliance with this Order. This sum will be used toward payment of the first'year costs for such activities, which sum shall be subject to quarterly revision by the NYSDEC. Subsequent quarterly invoices shall be Submitted to the Town to maintain an account balance sufficient to meet the next nine months' projected expenses. This nine months advance account shall be made in accordance with the following provisions: 1. Quarterly invoice costs to be covered by this fund include: 3 use in the Institute's project relating to the preservation and protection of natural resources and the environment as follows: (i) $55,000 on or before Februal-y 1, 1995. Notice of such deposit shall be given to the NYSDEC by February 15, 1995. (ii) $45,000 on or before June 1, 1995. Notice of such deposit shall be given to the NYSDEC by June 15, 1995. (iii) $70,000 on or before February 1, 1996. Notice of such deposit shall be given to the NYSDEC by February 15, 1996. (iv) $35,000 on or before the first day of February for five (5) years commencing February 1, 1997. In the event of a default in any payment, the NYSDEC reserves the right to declare the entire balance to be due. Ail projects must be submitted to the Department and approved by the Department prior to any monies being expended upon them. In addition, annual reports shall be submitted to the Department by the Towns, beginning on December 15, 1995 and continuing until all monies provided hereunder have been expended, setting forth the status and accomplishments of the DEC-approved projects and expenditures thereon. The projects are described in a proposal from Cornell Cooperative Extension to the Institute and include (A) organic pesticide : demonstration and testing; (B) agricultural composting demonstration and testing; (C) pest management research; (D).wetland restoration projects; and (E) other projects as may be chosen by the Institute, .the implementation of which shall be subject to the review and approval of the NYSDEC, which shall not be unreasonably withheld. (c) In the event that SUNY is unable to continue to operate the project for any reason whatsoever, the parties agree to use their best efforts to find an alternative independent contractor to replace SUNY. In the event, however, that the monies are not used for a period in excess of two (2) years, the monies being held in escrow, together with the monies subsequently paid into that account pursuant to the schedule in subparagraph 2(a), above, shall be paid by the escrow agent to an alternative recipient or r~cipients to be proposed by the Towns and approved by the Department. Upon the Department's approval, the escrow account must be modified accordingly. (d) The Town's agreement with SUNY shall require the establishment of an escrow account by SUNY in which the amounts referred to in above shall be paid, provided, however, that any expenditure from the escrow account must be pre-approved by the Department. The Town's agreement, with SUNY must also provide that an accounting of the escrow account must be provided to the NYSDEC by the 15t~ of each month beginning February 15, 1995. (e) The Regional Attorney for Region One of the Department shall have 2 (a) Direct personal service costs and fringe benefits of.the environmental monitor(s) and full-time supervisor(s), including the cost of replacement personnel for the person(s) regularly assigned to these positions. (b) Direct non-personal service costs, including but not limited to purchase or lease of a vehicle and its full operating costs, equipment travel, training, supplies and materials, and any appropriate chemical sampling and laboratory analysis fees. (c) Inflation and negotiated salary increases. (d) Overhead and indirect support costs at the annually calculated indirect cost rate. 2. The N~$DEC may revise the required quarterly a~ount which revision may take into account factors such as inflation, salary increases, accrued interest to be applied to the balance, changes in operation hours and procedures, the need for additional or fewer on- site monitors and supervision of such monitors by full-time monitor' supe~isors. The Town may seek information from the Department as to the reason for any such revision, and such infor-mation shall not be unreasonably withheld. It is.understood by the parties hereto that the sum of Ten Thousand ($10,000)' Dollars is based on the provision of funding3:for?lO% of the cost as described above-of one environmental monitori~positiOn? Any quarteriy revision to this amount will be based on this:same t~Pe of calculation. - 3. Within thirty (30) calendar days after ~eceipt of a -quarterl~ statement/invoice from the NYSDEC, the Town shall forward the amount due to the NYSDEC at: NYS Department of Environmental Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510, Attention: Director, Eng~rorumental Monitors. Payments are to be in - advance of the period in which they will be expended. 4. Upon termination df this Order and payment of any outstanding costs, th~ unexpeh~ed balance, including interest, will be returned to Responden~.~pou DEC appr6val of the Closure Certification Report for the landfill(s), ~he environmental monitor amount Will be reduced, commensurate withi~xpec%~d future co,ts of environmental monitoring pursuant to this ~ragraph I.B. 5. Failure t0~submit timely payments shall be considered a violation of this Order which may be enforced pursuant to the terms of this Order and/or as otherwise provided by law. 6. The Obligatipn under this Section (I.B.) shall terminate if change in'~w ~ccu~s such that a monitor for this subject facility would no longer ~e required by law and/or regulation. 7. The Town ~h~ll not be liable for any costs pursuant to this paragraph I.B.' in excess of an annual amount of thirty thousand 4 a ($30,000) Dollars. C. Modification to Schedule Dates The parties hereto recognize that implementation may be subject to compliance with, among other things, the competitive bidding requirements of the General Municipal Law. The parties further recognize that delays may result in awarding contracts and implementation of contracts when such bidding process is required. If any such delay occurs due to the bidding require- ment, the Town may make application to the Department for a modification of the schedule dates herein, provided that the Town requests such modification at least ten (10) business days prior to the date for which it is sought, and that said request provide justification for the modification sought, including a showing that the delay was due to circumstances beyond the Town's contrel. If such a modification request is made, the modification requested shall not be unreasonably withheld by the Department. This is not intended to limit to any e×tent the Town's right to apply for variances, waivers or modifications as provided elsewhere in this agreement or under Part' 360. D. 360 ADpli~abilit¥ Unless otherwise specifically noted herein,' the closure and post/ closure requirements of the 360 regulations in effect on October 8, 1993, shall apply to this Compliance Schedule. However, should the closure and/or post-closure requirements subsequently be amended or revised so as to be less costly or onerous.to the Respondent, the Respondent, at its sole option, can elect to proceed in compliance with the updated requirements. E. Request for Variance, Modifications, Waivers The Town may submit in writing to the Department bona fide requests for modifications of the time deadlines included in the "Technical Requirements" (Section II, below) of this Compliance Schedule, as well as variances, modifications or waivers under §360- 1.7(c), ef any substantive Part 360 requirement. A bona fide request under this paragraph is defined as one which has been previously discussed with the Department's technical staff and been deemed, in writing, by such staff, to be technically complete and approvable regardless of staff's opinion as to whether or.not it will ultimately be approved on the merits. Any such variance, modification and/or waiver requests with regard to the provisions of II.B. below, will be submitted by the Town no later than ninety (90) days of the Department approval of the CIR. The deadlines herein shall be suspended pending the Department's determination that the request is bona fide and its subsequent. determination on the merits of any such bona fide request. Variance, modification or waiver requests may be submitted subsequent to ninety (90) days after the Department's approval of the CIR, but the deadlines imposed herein shall not be suspended during the Department's review and determination of such a request. As to requests for an extension of the time deadline(s) under this Order, if said requests are submitted in writing to the Department at least thirty (30) days prior to the subject deadline(s), the subject deadline(s) will be suspended until the Department has rendered such a determination in writing. F. Landfill Closure Fundinq. The Department and the Town understand that interest-subsidized short and long-term loans are available through the Environmental Facilities Corporation to fund municipal landfill closure costs, and that, in particular short-term subsidized- interest loans may be available to cover landfill closure costs pending the availability of landfill closure .grants under the Environmental Protection Fund. Any interest paid by the Town for loans pending Environmental Protection Fund grantauthorization would qualify as grant eligible costs unde~ the terms of the :grant agreement and applicable legal requirements. Further, 'the Department will take all necessary steps to facilitate development of financing arrangements, including expeditious review and approval of the Town's applications for funding under the Environmental Protection Fund that meet the requirements of the law I and associated rules and regulations now being promulgated by the Department. The Town's relative position on the grant eligibility list will be based upon the date of applicatidn unless the application is subsequently disqualified. II. TECHNICAL REQUIREP~NTS: General Requirements Immediately, Respondent, having ceased operation of the Cutchogue Landfill on October 8, 1993, shall continue to maintain the Landfill in compliance with the requirements set forth in 6 NYCRR 360-1.14(w) and take the necessary steps to maintain the landfill in compliance with the cover requirements set forth in 6 NYCRR 360-2.17(d). Landfill Closure Requirements: Within two (2) weeks of the date of the execution of this Order, Respondent shall submJ_t to the Department any and all of its 'existing reports and data relative to landfill gas and 6 Within forty-five (45) days of the Department's written notifi- cation to Respondent that additional investigations and data, if any, are necessary with regard to methane gas and hydrogeologic conditions at the site, Within one hundred and fifty (150) days of the completion of the implementation of the above-referenced work-plan, or of the Department's deter- mination that no additional investigation or data is necessary, whichever is sooner, Within thirty (30) days of receipt of DEC's comments on the draft CIR, hydrogeologic conditions at the site. Respondent shall submit to the Department for its approval, an approvable workplan for the perfor~uance o~ such investiga- tions and gathering of such data~ Said workplan shall include a proposed implementation schedule with implementation to commence within forty-five (45) days of Department approval of the workplan. Respondent shall complete implementation in accordance with the DEC approved workplan and schedule. Respondent shall submit to the Department, an approvable1 draft Closure Investigation Report (CIR) in compliance with 6 NYCR_~ 360-2115 (a). A final approvable CIR incorporating DEC'.s comments shall be submitted by Respondent to the Department for its approval. The Department-approved CIR shall be attached to and incorporated into this Compliance Schedule as Appendix A. Respondent shall perform such additional investigations as the Department determines necessary due to the analysis and conclusion in the ciR. In the event additional investigations are determined by the Department to be necessary, a schedule for these additional ~ "Approvable" as used in this Order shall mean approvable by the;Department with minimal revision. "Minimal Revision" shall mean that Respondents can incorporate all revisions required by the Department and resubmit the plan for Department approval within fifteen (15) calendar days after receipt of written, comment~ of the'Department. 7 Within one hundred and eighty (180) days from the Department approval of CIR or Respondent's completion of any additional investigations deemed necessary by the Department, whichever is longer, Within sixty (60) days of the r~ceipt of DEC comments on the draft CP, Within one hundred twenty (120) days after the date of approval of the Closure Plan, Within ninety (90) days after completion of all constr~ction activities identified in the Department-approved CP, investigations will be mutually agreed to. Respondent shall submit to the Department an approvable draft Closure Plan (CP) in compliance 6 NYCRR Part 360-2.15; said plan to include an implementation schedule. Respondent shall submit a final approvable CP incorporating the DEC's comments to the Department for its approval. The Department- approve~ CP shall be attached to and incorporated into this Compliance Schedule as Appendix B. Respondent shall commence implemen- tation and complete it in accordance with 'the Department-approved Closure Plan and Schedule. Respondent shall submit to the Department for its approval, an approvable Closure Certification. Report (CCR), which shall includ~ a written certification of individuals licensed t6 practice engineering in the State of New York; that all construction activities identified in the Department-approved CP were undertaken in accordance with each requirement of 6 NYCRR Part 360 and this Order. The Department-approved CCR shall be attached to and incorporated into this Compliance Schedule as Appendix C. Th~ Department specifically acknowledges that if the approved CP includes a landfill cap, the Town may apply for variances so that the cap meets the following minimum requirements: (1) a geomembrane barrier with a barrier protection layer of 12" of soil; '(2) a 12" gas venting a maximum of ten (10%) weight passing through after placement; layer that has per cent by the #200 sieve 8 (3) a minimum final 6" layer composed of any material that can be shown to be able to continually support plant life. The Department ac~owledges that based upon the facts as presently known, such variance applications, if they meet the applicable procedural standards, will be deemed bonafide as defined in I.E. above, and absent extenuating circumstances revealed in the Department's review of the applications, will be acted upon favorably by the Department° As concerns any application for variances for ground and surface water monitoring for the landfill: (1) upon implementation of the DEC- approved Closure Investigation Report in accordance with this Stipulation, and (2) upon implementation of complete baseline parameter monitoring one (1) year from the date of initial bas~- line monitoring in performance of, the approved hydrogeologic work plan and approved CIR, and (3) upon implementation of quarterly routine monitoring for two (2) years from the date of initial baseline monitoring in accordance with the approved Work Plans and approved CIR2, the Town may thereafter monitor ground and surface water semi- annually for routine parameters and every three (3) years for baseline parameters, u~less monitoring reports reveal a contravention of applicable ground and/or surface water standards deemed material by the DEC in accordance with the following procedure. 2 In the event that the Town demonstrates that existing monitoring data satisfies all or part of the initial baseline and/or routine monitoring requirements of this variance, all or part of the initial baseline and/or routine monitoring may be waived by the DEC. 9 I.f a new or increased contravention of ground and/or surface water standards is documented, the Town may demonstrate to.the DEC that the contravention is non-material. If the Town does not make this submission, such contravention will be deemed material. Upon such a demonstration and prior to requiring increased routine and/or baseline monitoring, the Department must find the contravention to be material by considering the following factors: (1) the toxicity or other hazard of the contravening substance(s); (2) the potential impacts to public health (including drinking water supplies), the environment or natural resources threatened by the contravention; (3) whether the contravention may reveal a potential failure of the landfill cap. Notwithstanding the procedure set forth in this paragraph, upon finding by the Department that the contraven- tion is material, the Town shall perform additional monitoring deemed 'necessary by the Department to determine the scope and nature of pollution by the contravening substance(s) and associated substances pending resolution of any dispute that may arise regarding the Department's finding that the contravention is material. C. Solid Waste Manaqement Plan (SWMP) Within one hundred andtwenty (120) days of receipt of DEC's comments on the revised Solid Waste Management Plan (SWMP), R~spondent shall submit to the Department, an approvable revised draft of the Solid Waste Management Plan (SWMP) which includes a Comprehensive Recycling Analysis (c~). Within ~hirty (30) days of receipt of DEC's comments on the revised draft SWMP, Respondent shall submit an approvable final S~IMP to the Department. The Department-approved 'plan shall be attached to and incorporated into this Compliance Schedule as Appendix D. Upon approval of the SWMP Respondent shall implement the 10 by the Department, approved SWMP. D. Permanent Transfer Station Within two hundred and seventy (270) days of the date of execution of this Order, The Town shall submit to the Depart- ment, a complete and approvable application for one of the follcwing alternatives: (1) a permit pursuant to 6 ~YCRR Part 360 for the operation of a solid waste management facility for the collection at and transportation from the site of municipal solid waste generated within the Town; (2) registration pursuant to Part 360 for the type of facility described above in and/or (3) an alternative plan fcr the disposal of waste. E. Reclamation Within twelve (12) months of the date of ~xecution of this Order, The Town, at its sole option and discretion, shall have the right to investigate the feasibility of complete and/or partial reclamation of the facility pursuant to 360-2.18, effective October 9, 1993, as a partial or complete alternative ~o closure and shall have submitted,to the Department, an approvable Feasibility Study Report~ Withih three (3) months of the Department's approval of the Feasibility Study Report, with findings that reclamation is feasible, The .Town shall have submitted to the Department for its approval, an approvable reclamation workplan with an implementation schedule. Upon Department approval of the reclama- tion workplan, it shall be imple- mented by the Town in accordance with the approved plan and shall be attached to and become inco~-porated into this Schedule as Appendix E. U~0n DEC approval of the reclamation plan, the Town shall have the right to seek a modification of the deadlines in this schedule for tasks in the Closure Plan Implementation which may be impacted by reclamation. The Town shall not be held in default under this schedule if they are waiting for a response from DEC to their request for such a modification 'after DEC approval of a reclamation plan, nor shall the Town be held in default under this schedule if they have submitted an approvable feasibility study report in 11 accordance with this schedule have not yet received a Department decision on it. DEC's approval of any such modification request shall not be unreasonably withheld. It is understood herein that this option is to be explored by the Town concurrentiy with the time frames in this schedule, and not as a substitute for them, until such time as a reclamation plan is approved by the Department. F. Fishers Island Metal Dump Closure Requirements Within one hundred and eighty (180) days of the date of execution of this Order, The Tow~ shall submit to the Depart- ment fo~ its approval, an approvable Closure Plan or approvable specifications for total waste removal, with implementation schedule, identifying the method of closure of the Metal Dump. The Town' shall implement the closure plan as approved by the Departmen.t. G. Reclamation of Mined Area Within sixty (60) days of the date of execution of this Order, Respondent shall submit a revised updated approvable reclamation plan for the ±5 acre mined area of the Cutchogue Landfill in letter form. Said plan shall include a reqUest for a variance from the 25 foot buffer reqUirement, which variance will be acted upon favorably by the Department, absent extenuating circumstances revealed in the Department's review of the application letter; a minimum 1:2 slope to be established and definitive narrative statement as to the proposed land use objective. Said plan shall include a timetable with reclamation to be completed no later than one (1) year from its initiation. The Town shall implement the plan as approved by the Department. The Department hereby acknowledges that the Town has submitted a mining and reclamation plan in December, 1987. 12 ATTACHTIENT II AGREEMENT, made and entered into this day of October 1994 by and between the Towns of Riverhead, Southold and East Hampton ("Towns"), and the State University of New York at Stony Brook ("SUNY") on behalf of its Center for Excellence and Innovation in Education, who will work in conjunction with the Marine Sciences Research Center. The parties to this agreement hereby agree that: 1. The Towns hereby retain the services of SUNY for purposes of developing, implementing and operating the East End Environmental Camp (the P~oject), which is more fully described below. 2. Within ninety (90) calendar days after execution of this Agreement, SUNY shall submit to the New York State Department of Environmental Conservation ("DEC"), a plan and description o'f the Project ("Project Plan!'), including a schedule for development and implementation of the project for commencement, during the Summer of 1995. The Project Plan shall, at a minimum, include the following: a. Beginning on January 1~, 1995, submittal by SUNY to the DEC and the Town, an annual budget and proposed program for the following summer season on or before November 15 of each year; b. Beginning on October 1, 1995, submittal by SUNY to the DEC and th~ Town, an annual year end report on the prior summer's experience by no later than October 1 of each year; c. Provision for at least three (3) one-week sessions per 1 summer of the environmental education camp commencing in the summer of 1996, serving approximately 100 (but not less than 75) campers per week, including contractual arrangements with the Baiting Hollow Camp or an acceptable alternate site, and provision for necessary supplies, equipment.and associated contractual services; a one-week experimental camp se~-ving 100 (but not less than 75) campers per week shall be conducted during the summer of 1995. d. Provision for hiring, training and q~alifications of conservation camp suDervisor(s), conservation camD counselor(s), and all Qther employees necessary pursuant to any applicable laws, rules and regulations for such projects and/as necessary to implement the Project; e. A curriculum comparable to that de~eloped for existing environmental education camps in New York State, centering on natural resources and environmental quality through active participation in the environment, including but not limited to studies to be conducted in streams, ponds, marshes, coastal ~nvironments and woodlands in the environment of the camp so as to lead to a better understanding of the interconnections of components of the environmenti aimed at developing environmental literacy and the acceptance of personal responsibility for stewardship of resources; and emphasizing the importance and value of the marine resources and their history on Long Island; f. Provision for necessary capital improvements to the selected camp site; and 2 g. Provision for the establishment of a schedule for camper tuition/fees and eligibility criteria; SUNY shall exercise its best efforts to ensure that at least 30% of the campers reside outside of Suffolk County; SUNY shall also establish a program for at least 30% full-paid scholarships based upon economic need. Fifteen (15%) percent of such full paid scholarships shall be par Town for camper participating herein, for residents of the Town. h. Provision for at least 15% of available camper spots to be offered to children from each of the Towns participating in the funding of the Project. (i) A plan for recruitment of attendees to meet the percentages noted in g and this section h. The recruitment for the 15% from the Town will be coordinated through the Town's recreation department. If the 15% have not been filled within ninety (90) days of the starting date of that summer's camp, SUNY reserves the right to fill any vacant spots from other' areas. 3. Upon approval by the DEC of the Project Plan, SUNY shall implement the Project Plan as approved. 4. If the Baiting Hollow Camp site should for any reason become unavailable, any alternate site selected by SUN¥ shall be ~ocated in one of the Towns participating in the Project. 5. The parties acknowledge that SUNY is an independent contractor and solely responsible for the planning implementation and operation of the Project. SUNY shall, to the fullest extent author{zed under the New York State Court of claims Act and case decisions thereunder, be responsible to the Towns (and DEC) for 3 all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, reasonable attorneys' fees if assessed by a court of competent jurisdiction, witness fees and expenses incident thereto, for damages to persons or property arising out of or in connection with the Project if caused by negligence of the Center, its agents or employees. In addition, SUNY shall purchase and maintain liability and/or any other insurance necessary for the implementation of the Project in the appropriate amounts but not less than One Million Dollars per person and Three Million Dollars per incident. Said insurance shall name the Towns and the DEC as additional insureds. 6. Beginning on February 1, 1995, SUNY shall as prescribed in Attachment I incorporated herein receive from the Towns funds on or before February 1 of each year for that year's summer camp. If, for any reason, SUNY does not implement'the Project after having withdrawn funds from the escrow account, any funds not already dedicated for a specific purpose-will be immediately returned to the DEC for return to the escrow account. 7. SUNY acknowledges that the source of the funding for the project is monies paid by the Towns into an escrow fund ~stablished and maintained, by'SUNY under sole and exclusive control in amounts specified in stipulations of settlement entered into between each Town and NYSDEC on this date, and fees paid by users. SUNY acknowledges that it is familiar with the terms of the stipulations and in particular, with the monies to be paid and the dates when they are due. SUNY further acknowledges that 4 neither one of the Towns will provide any additional monies other than those specified in the stipulations of settlement and that NYSDEC and SUNY is providing no independent funds for the Projectl 8. SUNY shall expend money only from the escrow account upon prior approval by the NYSDEC's Regional Attorney after submission of an annual budget. All disbursements from the account must be made in accordance with the Department approved budget. 9. The parties hereto agree that this Agreement shall remain in effect from the date of its execution'until October 1, 2001, provided, however, that if monies paid by these Towns remain in the escrow account after October 1, 2001, this Agreement shall remain in effect until all monies adequate for the continued operation of the camp in said account have been expended. SUNY may elect to terminate this agreement in the' event adequate monies are not available. Such termination shall be effective upon the Towns.and DEC's receipt of written notice. Said notice to be at least sixty (60) days prior to any such termination. 10. SUNY acknowledges its obligation to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan. If the NYSDEC determines that SUNY has failed to develop, implement and operate the Project in accordance with the NYSDEC-approved Project Plan, SUNY, upon notification from the NYSDEC, must return any monies not dedicated for a specific purpose to the escrow account, which the NYSDEC determines to be necessgry. The parties hereto hereby recognize the authority of the NYSDEC to make determinations in this regard. 11. It is understood and agreed to by the parties hereto, that SUNY shall be relieved of all obligations herein in the event an 5 acceptable camp site suitable to carry out such obligations is not available or in the event circumstances beyond it's control prevent SUNY's operation of the camp. ]2. The provisions of Exhibit A (Standard State clauses) are incorporated herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands hereby acknowledging that the provisions of this agreement shall be b~nd~ upon them and ~ny successors thereto. TONY BULLC ~K/ '~' JOSEPH JANOSKI Superv~ ~or Supervisor )f the/ // on behalf of the ~st Ha~pto~ / Town cf Riverhead on behalf Town of THOM~AS ICK2qA_~ Supervisor on behalf of the Town of Southold MICHAEL DEMARTIS Director of Purchasing and Stores Purchasing 'State University of New York at Stony Brook 6 STATE OF NEW YORK) COUNTY OF SUt:FOLK) On this - / ~ day personally came Tony Bullock, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. JEA,"~ R. HORi'qEOK ..~ / STATE 0~' EoEW YO;~K CO~v:M :~ C'"', ': '.' ,~ :-~'.:A,~(-;~, ~0, 19/~ N~T~ARY 'PUBLIC STATE OF NEW YORK) COUNTY OF SUFFOLK) On this /~ day of ~~ 1994, before me personally came Thomas Wickham, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. STATE OF NEW YORK) COUNTY OF SUFFOLK) N~TARY PUBLIC juo~ ~ r~a~¥ / ~., O~lhried in Suffolk County ~.~ On this __ day of , 1994, .before me personally came Michael DeMartis, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. NOTARY PUBLIC 7 STATE OF NEW YORK) COUNTY OF SUFFOLK) On this day of , 1994, before me personally came Joseph Janoski, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. NOTARY PUBLIC LS:A:encehamp1004941s SOUTHOLD DEADLINES - MASTER LIST [EFFECTIVE DATE: 10/5/94] DATE DUE DOCUMENT/ACTIVITY RESPON. PARTY. IMMEDIATE RETAIN CONSULTANT TO HANDLE COMPLIANCE IMMEDIATE APPLY FOR SHORT TERM LOAN 10/19/94 SEND IN EXISTING DATA WHICH WILL '['RIGGER SUBMITI'AL SCI IEDULE (SEE ATTACHED) I 1/4/94 $10,000 PA'FMENT TO\VN 11 / 15/94 CLEAN-UP PLAN TEMP. TRANSFER FAI STATION 12/5/94 LETrER RE MINING PERMIT AND FAI VARIANCE 2/1/95: $100,000 PA't'MENT (SEE PAY. SCH)_ TOWN 4/5/95 SPECIFICATIONS FOR FISHER ISL. FAGAN ASSOC. METAL DUMP REMOVAL 6/1/95 $100,000 PAYMENT (SEE PAY. SCH). TOWN PERMANENT TRANSFER STATION/ CONSULTANT REGISTRATION/ALTERNATE PLAN 10/5/95 RECLAM. FEASIBILITY STUDY CONSULTANT 10/8/95 TEMPORARY TRANSFER STATION FAI/TOWN AUTHORIZATION EXPIRES 2/1/96 $125,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/97 $65,000 PA'~'MENT (SEE PAY. SCH). TOWN 2/1/98 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/991 $65,000 PAYMENT (SEE PAY. SCH). TOWN 2/1/00 $65,000 PAYMENT (SEE PAY. SCH}. TOWN 2/1/01 $65,000 PAYMENT (SEE PAY. SCI-I)_ TOWN ANY EXTENTION OF A DEADLINE MUST BE APPLIED FOR AT LEAST 30 DAYS PRIOR TO THE DEADLINE Q_ /5/95 TOWN BOARD FAI/CONSULTANT CONSULTANT SOUTHOLD CLOSURE SUBMITTAI- SCHEDULE [EFFECTIVE DATE: 10/5/94] DOCUMENT/ACTMTY SEND IN EXISTING DATA WORKPLANS (IF REQUIRED) DRAIq' CI~SURE INVESTIGATION REPORT (CIR} FINAL CIR RECLAMATION FEASIBILITY STUDY DEADLINE FOR SUBSTANTIVE VARIANCES STAYING SCHEI)ULE DRAFT CLOSURE PLAN {CP) FINAL CLOSURE PLAN (CP) IMPLEMENTATION OF CP CLOSURE CERTIF[CATE REPORT FISHER ISLAND METAL DUMP DATE DUE 10/19/94 45 DAYS FROM DEC RESPONSE 150 DAYS FROM COMPLETION OF WORKPL~kNS OP. DEC RESPONSE 30 DAYS FROM DEC COMMENTS SIMULTANEOUSLY XV[TH FINAL CIR BUT NO LATER THAN 10/5/95 90 DAYS AFI'ER CIR 180 DAYS FROM DEC APPROVAL OF CIR 30 DAYS FROM DEC APPROVAL OF DRAW/' CP 120 DAYS AWrER DEC APPROVAL OF CP 90 DAYS AFTER COM- PLEHON OF ALL CONSTRUCTION 180 DA~S SU~BMIT ] SPECS FOR REMOVAL DATE FILED ANY EXTENTION OF A DEADLINE MUST BE APPLIED FOR AT LEAST 30 DAYS PRIOR TO THE DEADLINE PAYMENT SCHEDULE 2/1/95 - $i00,000 · $55,000 to East End Economic and Environmental Institute (Institute) and · $45,000 to SUNY Marine Science Center (SUNY/Camp) 6/][/95 $100,000 · $45,000 to the Institute · $30,000 to (SUNY/Camp) · $25.000 penalty to State of New York 2/1/96 - $125,000 - $55.000 to the Institute · $70.000 to (SUNY/Camp) 2/1/97 through 2/1/2001 (5 5"rs) - $65,000 per year · $35,000 to the Institute · $30,000 to (SUNY/Camp) ATTORHEY/CLIENT P~{IVILEGED C01~I~UI~I CA~ I ON SUlVl]VIAR¥ OF DEC/SOUTHOLD SETTLE~ENT MONEYS PAYABLE BY THE TOW1N Total Settlement Palqnent: $650,000 over 7 years Environmental Benefit Portion ............................................... $625,000 Comell Cooperative (East End Inst.}..$345,000 East End Environ. Camp (SUN'r3 ......... $280,000 $625.000 Penal ty ............................................................................................. $ 2.5,000 $650,000 Payment Schedule 1. $100,000 - 2/1/95 · $55,000 to East End Economic and Environmental Institute (Instil:ute) and · $45.000 to SUNY Marine Science Center (SUNY/Camp) 2. $100,000 - 6/1/95 · $45,000 to the Inst2tuke · $30,000 to (SUNY/Camp) · $25,000 penalty to State of New York 3. $125,000 - 2/1/96 · $55,000 to the lnsLitute · $70,000 to (SUNY/Camp) 4. $65,000 per year for 5 years commencing 2/1/97 · $35,000 to the Inshtute · $30,000 to (SUNY/Camp) The Towns' sole responsibility with respect to the SUNY Camp is expressly limited to paying the specified a~nounts. The Towns will have no responsibility for operation or management of the camp, but will be an "additional" insured under SUiXDr liability policy. The camp will be required to take a total of 45% of the campers for each session from the Southold, RJverhcad and East Hampton (15% per and each town will be entitled to 15% of scholarships inade available to campers· Thc towns will be provided with anuual accountings and reports rcgardiug the camp. ATTORH~Y/CLIENT PRIVILEGED COMMUNICATION · CLOSURE OF THE LANDFILL - The town will prepar~re investigation r~p_9 _l~,~eadmg to a forrnal engineering plan for cappLr/g tlYe~ut~t~ l~mdi;{I1CZa~ well as a closure plan for the Fisher ~I'~--d-~etal dump . Simultaneously, the town has the option to study the feasibility of reclamation, in whole or in part. as alternative to capping. The settlement sets forth a time table for the preparation of these documents. ? - VARIANCES/1VIANDATE RELIEF: ~-~ ' - ~ ' '' <) - If the town elects to cap thc landfil},.,tt~e agreement has built into it several specific v~tce~-f,r~nf t~art 360[clapping requirements which should -l~'-g~anted upon the Town s appfication.l~ · Fm-thermor¢. provided that the...~woundwalcr lcsiiug, shows significant threat to the aquifer, the post-closure ~oumlw~tcr 1/10tlli~,'ltlg. requirements will be dramatically reduced. These mandate relief variances are expected to resul[ in several million dollars in savings to the Town · In addition, the settlement provides for the to~k~n to seek additional variances/waivers of any substmntive closure requirement, if based upor! bona fide scientific or engineering principles_ If timely made, any such application will stop time deadlines from running during the period it is being considered. · Delays due to bidding problems, if any, will also extend time deadlines. ADDITIONAL PROVISIONS · GRANT MONEY and SUBSIDIZED LOANS: The agreement contains a commitment from the DEC to work xvith the Town in preparation and expeditious review of grant applications for closure funding. In addition, the DEC will likexvise assist in the Town's obtaining s,h~?rt term interest-free and long term subsidized lower interest rate financing ~available through the Envi,-onmental Facilities Corporation. · ~- · STIPULATED PENALTIES: the p:'greement provides that failure to comply with any provision will result inf. of $300/day for the first 45 days and $1.000/day thereafter~,,/. ['" · ENVIRONMENTAL~ MONITOR: \Vithin 30 days, ti~e Town is to pa)' $10.000 into an environmental monitor fund. · FINAL DISPOSAL OF WASTE: The town ~dll have 270 days to file an applicatio,~ for a permanent iransfer staiion; file a registration for a transfcr station; or submit an alternative plan for waste disposal. The temporaD~ ATTORNEY/CLIENT PRIVILEGED COMMUNICATION · SOLID WASTE MANAGEMENT PLAN: The form's sw~np Is filed if comments are received, the town will resubmit within 120 days. - IVHNING PERMIT/PLAN: an informal submittal will be made updated~.Q Lhe pr/or mining pcHnit application and plan_ A variance from seiback requirements will be granted, absent unforeseen problems. The tox~q] will have to re-grade the slopes.