HomeMy WebLinkAboutHauling and Disposal SECTION C
• TOWN OF SOUTHOLD SOLID WASTE HAUL-DISPOSAL SERVICES
CONTRACTOR BID FORM
1.0 INTENT
The undersigned hereby recognizes that these documents are complementary
and are intended to provide for uniformity in bid evaluations. The formal
Agreements resulting from this Bid Solicitation shall be in a form provided by the
Town.
These documents are intended to depict complete Solid Waste Haul-Disposal
Services Agreement and therefore any discrepancies contained in the
documents, of the omission from the documents of express reference to any
work which obviously was intended under the Agreement, shall not excuse or
relieve the Bidder from furnishing the same. No oral statement shall in any
manner or degree modify of otherwise affect the terms of the Agreement. Work
or materials described in words which have a well known technical or trade
meaning, shall be interpreted by such meaning.
• 2.0 GENERAL BID.STATEMENT
TO: TOWN OF SOUTHOLD
STATE OF NEW YORK
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971
Gentlemen:
The undersigned Bidder has carefully examined the forms and content of the
Bid Solicitation, including notice to bidders, bid bond, sample operating agreement,
performance bond, certificates of insurance, general conditions, bid specifications, and
addenda, has familiarized itself with the sites of work, and hereby proposes to furnish
all necessary services, permits, labor, materials, equipment, vehicles, and tools
required to perform and complete the work in strict accordance with all of the bid
documents written by or on behalf of the Town of Southold for this project.
The undersigned Bidder agrees to abide by all conditions stated, intended, or
implied both particularly and generally by the terms of this Bid Solicitation, the
Agreement to be provided by the Town, and the unit price Bid herein stated._
• 39
1. The Undersigned Bidder also agrees as follows:
• FIRST: If this bid is accepted, to execute the Agreement and furnish to the
Town a satisfactory performance bond, and insurance all within ten (10)
calendar days.
SECOND: To begin Solid Waste Haul-Disposal services operations on the
commencement date of any Agreement awarded hereunder, having completed
all necessary prior preparations of operational planning, personnel hiring,
equipment procurement, subcontractor contractual agreements, and ancillary
facilities, etc., to assure a smooth and orderly acceptance of these duties.
THIRD: To pay the Town any and all damages it may incur as a result of
the Contractor's failure to perform all acts necessary to the execution of the
Agreement as provided in the Bid Solicitation.
It is recognized and agreed that the Town has the unconditional right to utilize
the funds provided by the bid bond posted by the Bidder as a means of
obtaining indemnification or, payment of such damages.
FOURTH: During the performance of this Agreement, the Contractor hereby
agrees as follows:
• a. The Contractor shall not discriminate against any employee or applicant
for employment because of age, race, creed, color, sex,
marital status, national origin, physical disability, and shall take
affirmative action to ensure that they are afforded equal employment
opportunities without discrimination because of age, race, creed, color-,
sex, marital status, national origin or physical disability. Such action shall
be taken with reference, but not be limited to: recruitment, employment,
job assignment, promotion, upgrading, demotion, transfer, layoff, or
termination, rates of pay, or other forms of compensation, and selection
for training or retraining, including apprenticeship and on-the-job training.
b. The Contractor shall comply with the provisions of Sections 290 through
301 of the Executive Law, shall furnish all information and reports
deemed necessary by the State Commission for Human Rights under
these nondiscrimination clauses and such sections of the Executive Law,
and shall permit access to his books, records, and accounts by the State
Commission for Human Rights, the Attorney General, and the Industrial
Commissioner for purposes of investigation to ascertain compliance with
these nondiscrimination clauses and such sections of the Executive Law
and Civil Rights Law.
• - 40
• C. This Agreement may be forthwith cancelled, terminated, or suspended, in
whole or in part, by the Town upon the basis of a finding made by the
State Commission for Human Rights that the Contractor has not complied
with these nondiscrimination clauses, and the Contractor may be declared
ineligible for future Agreements made by or on behalf of the state or
public authority or agency of the state, until he satisfies to the State
Commission for Human Rights that he has established and is carrying out
a program in conformity with the provisions of these nondiscrimination
clauses. Such findings shall be made by the State Commission for Human
Rights after conciliation efforts by the Commission have failed to achieve
compliance with these nondiscrimination clauses and after verified
complaint has been filed with the Commission, notice thereof has been
given to the Contractor, and an opportunity has been afforded to him to
be heard publicly before three members of the Commission. Such
sanctions may be imposed and remedies invoked) independently or in
addition to sanctions and remedies otherwise provided by law.
d. No laborer, workman or mechanic in the employ of the Contractor or
subcontractor shall be permitted or required to work more than eight
hours in any one calendar day, or more than five days in any one week
• except as otherwise provided in Labor Code Section 220.
e. The Contractor shall include the provisions of clauses (a) through (e) in
every subcontract or purchase order in such a manner that such
provisions will be binding upon each subcontractor or vendor as to
operations to be performed within the State of New York. The Contractor
will take such action in enforcing such provisions of such subcontract
or purchase order as the Town may direct, including sanctions and
remedies.
FIFTH: By submission of this bid, the Bidder and each person signing on
behalf of any Bidder certifies, and in case of a joint bid each party thereto
certifies as to its own organization, under penalty of perjury that to the best of
his knowledge and belief:
a. The prices in this bid have been arrived at independently without
collusion, consultation, communication, or agreement for the purpose of
restricting competition, as to any matter relating to such prices with any
other Bidder or with any competitor.
b. Unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the: Bidder and will not
41
. knowingly be disclosed by the Bidder prior to opening, directly or
indirectly to any other Bidder or to any competitor.
c. No attempt has been made nor will be made by the Bidder to induce any
other person, partnership, or corporation to submit or not to submit a bid
for the purpose of restricting competition.
2. The undersigned also declares that it has or they have carefully examined the
Bid Solicitation requirements and sample operating agreement and that it has
or they have personally inspected the actual location of work, together with the
local sources of supply, has or have satisfied itself or themselves as to all the
quantities and conditions, and waives all rights to claim any misunderstanding,
omissions or errors regarding the same which such inspection and observation
would have disclosed.
The undersigned further understands and agrees that: it is or they are to furnish
and provide in return for the respective Evaluation Unit Bid Price, all the
necessary materials, machinery, vehicles, implements, tools, labor services,
and other items of whatever nature, and to do and perform all work necessary
under the aforesaid conditions, to complete operations of the aforementioned
Solid Waste Haul-Disposal Services operations in accordance with the Bid
Solicitation requirements, which requirements are a part of this response, and
• that it or they will accept in full compensation therefore, the compensation
provided for in Section C-3.
3. The undersigned submits herewith a bid guaranty within the form provided by
the applicable bid documents in the amount of $100,000.00 for any option or
combination thereof. In the event this proposal is accepted, and the
undersigned fails, within ten (10) calendar days after date of receipt of Notice
Of Award from the Town to execute and deliver an Agreement in the form
provided by the Town or fails to execute and deliver evidence of proper
insurance coverage and performance bond in the amounts required and in the
prescribed form within ten (10) days after Notice of Award, the bid guaranty
shall be forfeited and be retained by the Town toward the satisfaction of
liquidated damages and not as a penalty. Otherwise, the total amount of bid
guaranty liquidated will be returned to the Bidder.
4. The undersigned acknowledges the receipt of the following addenda, but it
agrees that it is bound by all addenda whether or not listed herein and whether
or not actually received, it being the Bidder's responsibility to receive and have
knowledge of all addenda.
ADDENDUM NUMBER AND DATES
• 42
i
CNA INSURANCE COMPANIES
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we
TransRiver Marketing Company, L.P.
Principal.
and National Fire Insurance Company of Hartford Surely. are held and firmly bound unto
Town of Southold
, Obligee.
in-the sum of One Hundred_Thousand & NO/100---------------------
Dollars (5 100,000.00 )
fP the payment of which we bind ourselves, our legal representatives, successors and assigns.
jointly and severally, firmly by these presents.
• WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract
for Solid Idaste Haul-Disposal Services
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within
such time as may be specified, enter into the contract in writing and give such bond or bonds as
may be specified in the bidding or contract documents with surety acceptable to Obligee; or if
Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of
such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to
remain in full force and effect.
Signed, sealed and dated TransRiver t tin m a L.P.
May 22, 1997 (Principal
by l eal)
Ross M. Dowler, Manager Treasury Services &
National Fire Insurance Risk Managemen'
(Surety) Companyof ar ord
byEX t Q
• Sandra Parker Attorney-in-Fact
G 2305a C
CNA
For All th,Comm it.m 1'ou M.k«
r POWER OF ATTORNEY APPOINTING INDIVIDUAL, ATTORNEY-IN-FACT
• Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation(herein collectively called"the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Karen M. Kellner, Donald R. Gibson,William L. Power, Sandra Parker, Robert L. Bruce, Lisa A.Ward, Individually
of Houston,Texas
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly
adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 11th day of March , 1996
CONTINENTAL CASUALTY COMPANY
•t�.cAs 4 atSUA4A,C�• fi PIT opr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
`aV,2 coMaure ® aa•�Mca<trnur�e ;
' t5 JULY 71,SEAL
1897 �
M.C.Vonnahme Group Vice President
State of Illinois, County of Cook,ss:
On this 11th day of March 1996 ,before me personally came
M. C.Vonnahme ,to me known, who, being by me duly swom,did depose and say:that he resides in the Village of Darien State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FARE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporations.
PG. D
O �
2
J
NOTARY •� �f
PUBLIC yam/ (�
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
1,John M. Littler Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 22nd:;day of May
CONTINENTAL CASUALTY COMPANY
• A�cA54Aq��,` NISug4A,C ,Cue NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
2 '` y �0 , AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
�' oopPc"arc �yT y � � S 9rce�oatrn s
0110 SEAL t y 190E 0
a
1097 � NMhO>� �
John M.Littler Assistant Secretary
(Rev.7/14/95)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates attorneysyn-fact to act in behalf of the Company in the
execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject
to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President
or any Executive,Senior or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously
given to any attorney-in-fact.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed
and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which k is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article VF--Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-in-fad.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fad to ad in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and
sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
Number 1 - Dated: n/a
• Number 2 - Dated:
Number 3 - Dated:
Number 4 - Dated:
Number 5 - Dated:
5. The Bidder has completed the Contract Bid Form and Unit Price Schedules in
both words and numerals in accordance with these bid requirements.
3.0 UNIT PRICE BID SCHEDULE
SOLID WASTE HAUL-DISPOSAL SERVICES
SOUTHOLD TOWN, NEW YORK
3.1 COMPENSATION
The undersigned hereby submits the following price bid to furnish Solid Waste
Haul-Disposal Services, to Southold Town, New York for the terms July 10, 1997
• through July 9, 2002.
HAUL-DISPOSAL SERVICES
The Haul-Disposal Service applicable unit price per ton for agreement
year 1997-1998 is fifty nine dollars and
zero cents ($ 59.00 ). (Cl)
The Haul-Oisposal Service applicable unit price per ton for agreement
year 1998-1999 is sixty one. dollars and
zero cent ($ 61 .00 ). (C2)
The Haul-Disposal Service applicable unit price per ton for agreement
year 1999-2000 is sixty three dollars and
• 43
zero cents ($ 63.00 ). (C3)
• The Haul-Disposal Service applicable unit price per ton for agreement
year 2000-2001 is sixty six dollars and
zero cents ($ 66.00 ). (C4)
The Haul-Disposal Service applicable unit price per ton for agreement
year 2001-2002 is seventy dollars and
zero cents ($ 70.00 ). (C5)
3.2 EVALUATION UNIT BID PRICE FORMULA
Evaluation Unit Bid Price =
(C1)10 000+(C2)10 000+(C3)10.000+.5(C4)10.000+.5(C5)10.000
40,000 tons
Evaluation Unit Bid Price = $ 62.50
• The evaluation unit bid price formula is designed to evaluate years four and five at .5
the evaluate of each of the first three (3) years.
Bidder. Transriver Marketing Company L.P. 333 Earle Ovington Blvd.
Firm-Corporation Address on a e,
NY 11 bb3
By:
Authorized Representative Date
44
a._
4.0 BID SECURITY ACKNOWLEDGEMENT
• 1 have attached the required bid security to this bid.
5.0 INFORMATION SCHEDULES
I agree to furnish and include the following information schedules in addition
to the information submitted with this proposal, as a part of this bid:
A. Certification that the Bidder does not currently owe taxes, or other
outstanding funds, or have pending or is currently involved in any
litigation involving the Town of Southold, State of New York (Schedule
A, attached hereto).
B. Location and address of the Bidder's main office and the main office
of parent companies (if applicable) and Certified Statements of
Ownership (Schedule B, attached hereto).
C. Identification of Surety Company and its Agent, and written certification
from the Surety verifying the bond specified herein will be provided
(Schedule C, attached hereto).
• D. Identification of all currently registered parent bidding subsidiary
corporate officers, and their addresses, and identification and
certification of offices authorized to execute an Agreement on
behalf of the firm (Schedule D, attached hereto).
E. Detailed financial statement for the Bidder, and if applicable, for
parent companies (Schedule E, attached hereto).
F. Statement of Bidder's Qualifications and related experiences
(Schedule F, attached hereto).
G. Major Subcontractors-(Schedule G, attached hereto).
H. Equipment - (Schedule H, attached hereto).
I. Maximum Specified Capacity- (Schedule 1, attached hereto).
J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J,
attached hereto).
K. Form of Bid Bond (Schedule K, attached hereto).
• 45
• L. Performance Bond (Schedule L, attached hereto).
M. Operation Plan (Schedule M, attached hereto).
6.0 SUPERSEDING PROVISION
Notwithstanding any provision to the contrary contained in any bid
document, written or oral communication relating to the Town's bidder's
solicitation or this bid, or any provision of applicable law, the undersigned
bidder in submitting this bid agrees only to negotiate in good faith an
agreement generally based on the Town's bidder's solicitation and the
other bid documents. While many requirements of the bid documents are
acceptable, certain requirements are not. These unacceptable
requirements must be modified in a mutually acceptable manner before the
undersigned bidder can become bound to any contract with the Town.
Dated: May 22, 1997
Name of Bidder: Transriver Marketing Company L.P.
Address of Bidder: 333 Earle Ovington Blvd.
• Uniondale, NY 11553
By: f'49—'� Director of Marketing
Signature Title
Corporate Seal
(If a Corporation)
Incorporated under the laws of the State of
Names and addresses of officers of the corporation:
(President) Name Address
(Secretary) Name Address
• (Treasurer) Name Address
• (If an individual or partnership)
Names and addresses of all principals or partners
Lynn Johnston 333 Earle Ovinqton Blvd., Uniondale, NY 11553
Tom Beck 333 Earle Ovington Blvd., Uniondale, NY 11553
Sean Burke 777 N. Eldridge, Houston, TX 77079
•
•
• INFORMATION SCHEDULE A
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
This Bidder, TransRiver Marketing Company. L.P., herein certifies that as a Bidder,
it does not currently owe delinquent taxes or other outstanding funds, or having
pending or currently involved in any litigation involving the "town of Southhold, State
of New York.
Name of Bidder: TransRiver Marketing Company, L.P.
• O
By: Date:
NOTE:(1) If blank not applicable, fill in with N/A
(2) If bidder owes the Town taxes or is involved in any litigation, a
statement of explanation will be attached hereto.
•
• INFORMATION SCHEDULE B
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The following is information on the undersigned Bidder's office locations:
Bidder's Main Office Uniondale, New York
Manager's Name ( Contact) Tom Beck
Firm's Legal Name TransRiver Marketing Company, L.P.
Street Address (Box Numbers) 333 Earle Ovington Blvd
City State Zip Uniondale, New York 11553
Telephone Number (516) 227-3900
•
The Bidder herein certifies that the (firm) TransRiver Marketing Company, L.P. is 98
percent owned by American Ref-Fuel company.
Name of Bidder. TransRiver Marketing Company, L.P.
By: �/ lr� Date: _512-1177-
Note: (1) Any attachments or modifications to this form shall be labeled
Schedule5.0.B., and be property integrated into the Bid Form.
•
INFORMATION SCHEDULE C
Town of Southhold Bid Project
• Solid Waste Haul-Disposal Services
•
• INFORMATION SCHEDULE D
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The Bidder herein certifies that the below named individuals are the current
registered corporate officers, along with their current permanent addresses, and
designates their authority to execute an Agreement on behalf of the firm
Officer's Name Lynn Johnston
Subsidiary N/A
Corporate Title President
Address 333 Earle Ovington Blvd.
City Uniondale
State, Zip New York 11553
• Officer's Name Tom Beck
Subsidiary N/A
Corporate Title Marketing Director
Address 333 Earle Ovington Blvd.
City Uniondale
State, Zip New York 11553
Officer's Name Sean Burke
Subsidiary N/A
Corporate Title Vice President
Address 777 N. Eldridge
City Houston
State, Zip TX 77079
Name of Bidder: TransRiver Marketing Company, L.P.
By G%/?� ��//' — — Date:
• INFORMATION SCHEDULE E
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
STATE OF BIDDER'S FINANCIAL CONDITION
SEE ATTACHMENT
1. This Bidder agrees to provide for any subsidiary and parent firm, and hereto
attaches a current or the most recent Audited financial Statement(s) including
as a minimum the firms opinions, notes, revenue/expense statements,
conditions of cash, etc. The attached statement provided includes:
Accounting Firm Name:
Address:
Financial Period To
• Statement Date
2. The bidder certifies that he currently has an available line of credit in the
amount of$ . A supporting documententay evidence attached to
this form is supplied by:
Name:
Address:
Date:
3. The undersigned Bidder certifies to the validity of statement and agrees to
furnish any other information upon request that may be required by the Town
of Southhold, New York.
4. The und6rsigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by Town of Southold, New
York in verification of the fines financial condition.
•
Dated at: This 22nd day of May, 1997
Tom Beck
Name of Bidder
Director of Marketing
Title
State of New York, County of Nassau being duly sworn deposes and says that he is
the Director of Marketing of Transriver Marketing Company L.P.
and that the answers to the foregoing questions and all statements therein
contained are true and correct.
• Sworn to me this XL$day of Ma,, 1997.
Notary Public WENDY BETIK
NOtapt Public, State of New York
No. :u-,6,:ij46
Qualified m „�,,,,;, county q�/
Commission txpi,es NN.L, gid, 191Q
My Commission Expires:
t •
• INFORMATION SCHEDULE F
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The Bidder herein certifies that it is qualified to perform the work covered by this
proposal. To substantiate these qualifications, the Bidder offers the following related
information and references in order that the Town may evaluate the Bidder's
qualifications and experience.
1. Bidder's Legal Name: TransRiver Marketing Company, L.P.
2. Business Address: 333 Earle Ovington Blvd.
3. State Incorporated: Delaware Year Incorp.: 1995
4. New York State; Business License No.:
5. No. years in contracting business under above name: 3 yrs
• 6. Has firm ever defaulted on a contract? Yes No X
7. Gross Value -work under current contract Approximately $10 million
8. Number of Current Contracts: Approximately 50
9. Brief description general work performed by firm: Waste services —
transportation and disposal
10. Has firm every failed to complete work awarded? Yes_ No X
If Yes, attach support statement as to circumstances.
11. Related ' Experience Reference (within previous 5 years) SEE
ATTACHMENT
11.1 Project Title:
• Owner's Name:
Address:
Engineer:
• Address:
Project Initial State Date:
Project Acceptance Date:
Initial Bid Value: $
Final Complete Project Value: $
Brief Project Description:
11.2 Project Title
Owner's Name:
Address:
Engineer:
• Address:
Project Initial State Date:
Project Acceptance Date:
Initial Bid Value: $
Final Complete Project Value: $
Brief Project Description:
11.3 Project Title:
Owner's Name:
Address:
Engineer:
• Address:
Project Initial State Date:
• Project Acceptance Date:
Initial Bid Value: $
Final Complete Project Value: $
Brief Project Description:
12. Principal Firm Members' Background/Experience (3 members minimum).
Attach current resumes as Schedule 5.01 supplement or give concise
description by individual.
Name of Bidder: TransRiver Marketing Company L.P.
By: ��.�`.'� Date:
•
• INFORMATION SCHEDULE G
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
The Bidder hereby states that it proposes, if awarded an Agreement to use the
following haul subcontractors on this project.
Subcontractor/ Address Phone# Trade/Specialties
Contract
Individual
1. JBHTrucking 81 Old Dock RD 924-6347 Trucking
Yaphank, NY
11980
•
2. Kephart Trucking P.O. Box 386 814-857-7704 Trucking
Co. Bigler, PA 16825
Name of Bidder. Transriver Marketing Company L.P..P
By: ' Date: 5'< Z V(fIZ
•
• INFORMATION SCHEDULE H
Town of Southhold Bid Project
Solid Waste Haul-Disposal Services
SEE ATTACHMENT
The Bidder states that it owns the following pieces of equipment that are available
for use on the project, if awarded the agreement.
Equipment Item Proposed Project Use Current Equipment
Location
EQUIPMENT OWNED BY
SUBCONTRACTED
• HAULING FIRM
Name of Bidder. Transriver Marketing Company L.P.
By. Date:
Note: Any supplemental attachments or modifications to this form shall be labeled
Schedule 5.0.H and shall be properly integrated into the Bid (Form.
•
. INFORMATION SCHEDULE I
Town of Southhold Bid Project
Solid Waste Haul-Disposal Services
The Bidder hereby states that it will be prepared to dispose of up to the following
Maximum Specified Yearly Capacities in tons of Town of Southhold's solid waste if
awarded an Agreement.
Contract Year Maximum Tons Per Contract Year
1997-1998 20,000
1998-1999 20,000
• 1999-2000 20,000
2000-2001 20,000
2001-2002 20,000
FOR ALL TONNAGE UP TO 20,000 TONS PER YEAR, THERE WILL BE AN
ADDITIONAL$5 PER TON FEE OVER THE INITIAL 10,000 TONS PER YEAR.
Name of Bidder. TransRiver Marketing Company, L.P.
Ely: '�'�-- Date:
1NFORMAT7ON SCHEDULE J
Town of Southold Bid 'rroject
Solid Waste Haul-Disposal Services
NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID
WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE
COMPLETED FOR EACH DISPOSAL SITE .
The Following is information on the undersigned Bidder 's Solid
Waste Disposal Site:
I . 3ENERAL
A . Disposal Site Location
Name: American Ref-Fuel of Delaware County
Address: 10 Highland Avenue
• Chester, PA 19103
Phone: (610) 497-8100
�,ispcsal Site mailing adds=_ss —. _=.'ere
nt -a. ,
i )
Address:
II . CURRENT OPERATIONS
A . Operations Permit
1 . Permittee: Amarican Raf_Fual of Dalawara County
Z . No . : 400593
3 . State: PA
Date of Issue: 4/16/97
S . Date of Expiration: 9/23/97
• S . Copy Enclosed: Yes: X No:
Bidder Solid Waste Disposal SiteCs) Schedule: S.O .J
BID (PROPOSAL) FORM Page 1 of 7
INFQRMATION SC;E'lUt i nrtnt.F,�
-a . Hours of Operations
1 . What are the PERMITTED operating hours?
DAY A .M . P .M .
MONDAY 6 to 8
Tuesday 6 to 8
Wednesday 6 to 8
Thursday 6 to
Fridau 6 to 8
Saturday _ 6 to 8
Sunday to --
C . Are there any P-RMITTED closure periods
stipulated?
No
• 3 . What are the ACTUAL operating hou-s?
-,AV A . " . = .n .
Monday 6 to 8
Tuesday 6
Wednesday 6 _ .to 8
Thursday 6 to 8
Friday 6 to 8
Saturday 6 to 8
Sunday -- to --
If . What holiday or other period is the Disposal Site
typically closed?
DAY YES NO
New Year 's X to
Memorial X to
Independence X to
Labor —T— to
Thanksgiving X to
Christmas X to
Other (Specify) to
•
Bidder Solid Waste Disposal Site(s) Schedule S.O .J
BID (PROPOSAL) FORM Page 2 of 7
• INFORMATION SCNEOULE - (continued)
L • Will the ACTUAL operating hours in Question 11 . 8 . 3
be extended up to the PPERMITTED operating hours in
Question II . B . 1 in order to accommodate Town of
Southold solid waste? N/A
Yes No
S . Are there any local agreements, ordinances, etc .
which would prohibit extending the ACTUAL
operating hours in Question II .E .3 up to the
PERMITTED operating hours in Question 11 . 3 . 1 . ?
Yes N/A No
C . What is the PERMITTED annual capacitu in tons?
1998 1 .300.000
1999 1 ,300,000
zooa 1 ,300,000
• 2001 1 ,300,000
2002 1 ,300,000
D . At the 'E=r1 770 IeVei5 in Question .. I . C . , What i5 the
projected useful life in years?
Greater than 20 years
E . What is the annual RECEIVING level today? 1 .000.000 tons/year
Bidder Solid Waste Disposal Sites) Schedule 5'0 'J
• BID (PROPOSAL) FORMS Page 3 of 7
INFn F•+,mATIIIN
F . At the RECEIVING levels in Duesticn . . • E • , what is the
projected useful life in years?
Greater than 20 years
G . How much of the RECEIVING level in =uestion is
committed to under, contract in tons?
1998 300,000
1999 300,000
2000 300,000
2001 300,000
2002 300,000
• H . Does the Disposal Site have special- waste 'est-ictions
for: Gate
yes No Fee CS) (Combustible
Ccnst-ucticn/Demeiition X - — — C&D Only)
a . Asbestos X —
3 . Wastewater Treatment X —
Sludge
u . Hazardous Waste X
•
Bidder Solid Waste Disposal Site(s) Schedule: S.O .J
BID CPROFOSAL) FORM Page `t of 7
INFORMATION SCHEDULE J - (Continued)
i . Are there any existing Agreements with local
municipalities which prohibit:
Item Yes No
1 . Routing to site X
2 . Weight limits between X (80,000 gross vehicle
state roads and site weight)
3 . Number of vehicles X
Ii . Vehicle size X
S . Solid waste importation X
outside jurisdictional area
5 . Host Community Benefits X
• Iii . EXPANSION PLANS
A . Application Permit
i . ==rr„lttee: N/A
2 . No . :
3 . State:
` . Date of Submission:
S. Copy Enclosed: Yes No
G. Submission Status:
a . Expansion of current site or new site
N/A
b . Local Citizenry reaction N/A
C. Regulatory agency N/A
•
Bidder Solid Waste Disposal Site(s) Schedule S.O .J
BID CPROPOSAL) FORM Page S of 7
i NV-nR,-A.`i!]N KXED!I iLE - - i ;"nnr. 1 ni ia1 i
C . Litigation N/A
e . Likelihood to succeed N/A
B . IE you are successful in Question III .A . , what is the
additional annual DESIGN capacity in tons (do not
include Figures From Question 1I .C. )?
1998 N/A
1999 N/A
2000 N/A
2001 N/A
2002 N/A
• C . At the annual DESIGN levels in Question III . B . , what
would be the projected useful 1_Fe in years?
N/A
D . Would you be willing to share with the Town of Southold
engineering reports utilized For the preparation of the
Operating Permits on Expansion Application?
Yes Y No
C . Bidder's Disposal Site(s) Engineer of Record
Firm 's Name N/A
Firm's Address
Project Engineer.
• Bidder Solid Waste Disposal Site(s) Schedule S .O .J
BID (?ROPOSAL) FORM Page 6 of 7
INFORMATION SCHEDULE J - (Continued)
IV . ATTACHMENTS
Attach copies of all permits required of the disposal
siteCs) and a copy of the agreement, performance bond and
insurance between bidder and permit holder to use the disposal
siteCs) during the term of this Agreement.
Are you willing to meet with the Town of Southold to discuss
your short and long term disposal capabilities? Yes X No
The undersigned hereby certifies that services, material , or
equipment to be furnished as a result of this bid will be in Full
accordance with Town of Southold specifications applying thereto
unless exceptions are indicated above and an explanation
attached .
Bidding Company Transriver Marketing Company L.P.
Address 333 Earle Ovington Blvd.
Uniondale, NY 11553
• City State Zio
By Tih2/ytAS 4�7 1 13ez44- Dt iL('L-T� .f MA,<Ie4---nNC7
(Please Print or Type) NAME AND TITLE
Signature ✓X/
Phone No. (516) 227-3Q 12
Date 5/22/97
CORPORATE SEAL
Bidder Solid Waste Disposal Site(s) Schedule S.O.J
BID (PROPOSAL) FORM Page 7 of 7
•
INFORMATION SCHEDUL= J
Town of Southold Bid 'Prclect
Solid Waste Haul-Disposal Services
NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID
WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE
COMPLETED FOR EACH DISPOSAL SITE.
The following is information on the undersigned Bidder 's Solid
Waste Disposal Site:
I . 3ENERAL
A . Disposal Site Location
Name: Conestoga Landfill _
Address: Mineview Drive Extension
• Morgantown, PA 19543
Phone: (610) 286-6844
�.spos2l �:1Le mailing adc_ ass C_fCerenz than
Address: P.O. Box 128
Morgantown, PA 19543
II . CURRENT OPERATIONS
A . Operations Permit
1 . Permittee: New Morcian Landfill Co. . Inc.
2 . No . : 101509
3 . State: PA
Date of Issue: 6/24/92
S . Date of Expiration: 6/24/02
• S . Copy Enclosed: Yes: X No:
Bidder Solid Waste Disposal SiteCs) Schedule S.O.J
BID CPR0PO5AL) FORM Page 1 of 7
PiFnRMr=+T i ON 5C; i�i1� v - Jnr.+ n�i<^
S . Hours of Operations
1 . What are the PERMITTED operating hours?
DAY A .M . P .M .
MONDAY 5 to 8
Tuesday 5 to 8
Wednesday �r _ to 9 _
Thursday _ to 8
Friday 5 to 8
Saturday 5 to
Sunday tp
c . Are there any PERMITTED closure periods
stipulated?
• 3 . What are t`;e ACTUAL operating hours?
AY AA_ . M .
Monday 6 tc 5
Tuesday 6 to �-
Wednesday A _ .to S
Thursday A _ to 5
Friday _ R to _5
Saturday 6 _ to 10 M.
Sunday to
't . What holiday or other period is the Disposal Site
typically closed?
DAY YES NO
New Year 's x _ to
Memorial x _ to
Independence X to
Labor X to
Thanksgiving X to
Christmas X to
• Other (Specify) to
Bidder Solid Waste Disposal Site(s) Schedule S.O.J
BID CPROPOSAL) FORM Page E of 7
INFORMATION SCHEDULE S
4
Will the ACTUAL operztinc hours in Question 1I . 1. . 3
be extended uP to the P-RMITT-D oPe:raLing hours in
Question II .B . 1 in order to accornmodate Town of
Southold solid waste?
Yes No X _
o . Are there any local agreements , ordinances, etc .
which would prohibit extending the ACTUAL
operating hours in Question II .B .3 up to the
PERMITTED operating hours in Question
Yes No X
C .
What is the PERMITTED annual capacltu ?.n tons?
1998 2,n TpD Monthly Average
1999 10 000 TPD Maximum
2004
• 2001
2002
D •
AL the ?ERMITTED levels in Quest; on . . •C • , whit 15 the
projected useful life in years?
>12 Years (this does not include any expansion numbers)
E , what is the annual RECEIVING level today? 4 200 TPD
• Bidder Solid waste D±sp0891 Sit?<.s Face ofc70' 'T
BID (PROPOSAL) FORMS
iNFnFrth"T7N S^}fFLiiii,F_: ,i
F . At the RECEIVING levels in Duesticn _ : .E • , what is the
projected useful life in years?
x.14+ years
G . How much of the RECEIVING level in :uestion II .E. is
committed to under contract in tons?
1998 2,000 tons per day
1999 N/A
2000 N/A
2001 N/A
2002 N/A
• H . Does the Disposal Site have special waste restrictions
`Cr: Gate
Yes No Fee (S)
Ccnstructicn/Demollticn X
? , Asbestos X
9 , Wastewater Treatment X
Sludge
H . Hazardous Waste NOT ACCEPTED
•
Bidder Solid waste Disposal Sites) Schedule S .O .J
BID (PROPOSAL) FORM Page 4 of 7
INFORMATION SCHEDULE J - (Continued)
Are there any existing Agreements with Local
municipalities which prohibit:
Item Yes No
1 . Routing to site X
2 . Weight limits between X
state roads and site
3 . Number of vehicles X
L� . vehicle size X
S . Solid waste importation X
outside Jurisdictional area
6 . Host Community BeneFits X
• Iii . 'EXPANSION PLANS
A . Application Permit N/A at this time
1 . =erm:.tee :
2 . No . :
3 . State:
H . Oate of Submission:
S. Copy Enclosed: Yes No
6 . Submission Status:
a . Expansion of current site or new site
b . Local Citizenry reaction
C. Regulatory agency
•
Bidder Solid Waste 0isposal Site(s) Schedule S.O.J
BID CPROPOSAL) FORM Page S- of' 7 .
• INFORMA-ION SCHEDULE J - (Continued)
IV . ATTACHMENTS
Attach copies of all permits required of the disposal
siteCs) and a copy of the agreement, performance bond and
insurance between bidder and permit holder to use the disuosal
site(s) during the term of this Agreement .
Are you willing to meet with the Town of Southold to discuss
your short and long term disposal capabilities? Yes X No
The undersigned hereby certifies that services, material , or
equipment to be furnished as a result of this bid will be in `ull
accordance with Town of Southold specifications applying thereto
unless exceptions are indicated above and an explanation
attached .
Bidding Company Transriver Marketing Company L.P.
Address 333 Earle Ovington Blvd.
Uniondale, NY 11553
• Citu State zi-
By J-ND aA$7 D124_-f T rL_ .•F M/1 eY-,--MNCi
(Please Print or Type) NAME AND TITLE
Signature v ��
Phone No. (516) 297 9g 12
Date— 5/22/97
CORPORATE SEAL
Bidder Solid Waste Disposal Sites) Schedule S.O .J
BID (PROPOSAL) FORM Page 7 of 7
•
• INFORMATION SCHEDULE J
Town of Southold cid Project
Solid Waste Haul-Oisposal Servicas
NOTE: IF A BIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID
WASTE OISP05AL SITE, AN INFORMATION SCHEDULE J MUST BE
COMPLETED FOR EACH DISPOSAL SITE .
The following is information on the undersigned Bidder ' s Solid
Waste. Dispasal Site:
I . SENERAL
A . Disposal Site Location
Name: coax o m .y_ Resource Recovery Faci'lity
Address: 183 Raymond Blvd.
Newark, NJ 07105
• Phone: (201 ) 344-0900
�_sccsa_ mang address u_ffererz Lhan
Address: N/A
II . CURRENT OPERATIONS
A . Operations Permit
1 . Permittee: coo a+i-ancpri
2 . No . :
3 . State:
u . Date of Issue:
S . Date of Expiration:
• S . Copy Enclosed: Yes: _ No:
Bidder Solid Waste Disposal Site(s) Schedule S.O .J
BID CFROPCSAL) FORM Page 1 of 7
MAT-[I*'ar I8:Z5 Ffom:AAERICAR REF-FUEL/ESSEXZ�i3 9� i-487 P.03/09 Job-949
• OPERATINO PERMITS
Nemo Permit o Expiration Date
Solid Waste Operating Permit 0714000341 November 17, 2000
Air Operating Permit 05943 None
•
•
_NFORMATION SC11FOULE - pnr+ niiA�
E . Hours of Operations
1 . What are the PERMITTED operating hours?
DAY A.M . P .M .
MONDAY �2 _ to 12
Tuesday 12 to 12
Wednesday 12 to —72—
Thursday 12 to 12
Friday 12 to 12
Saturday 12 to
Sunday --
c Are there any = RMTTTED 1
- c osure per,-4 --ds
stipulated?'
None
• 3 . What a-= the ACTUAL ooerating hou-s?
DAY A . M . P .M .
Monday 1 to 6
Tuesday 1_ to 6
Wednesday 1 _ to _6
Thursday 1_ to 6
Friday �_ t❑ 6
Saturday 1_ Co 3
Sunday __ to --
Lt . What holiday or other period is the Disposal Site
typically closed?
DAY YES NO
New Year 's X to
Memorial X to
Independence x _ to
Labor x to
Thanksgiving X to
Christmas X to
Other (Specify) to
• Bidder Solid Waste Disposal Site(s) Schedule S.O .J
BID (PROPOSAL) FORM Page E of: 7
I
• INFORMATION SCw7DU' E .i - 'con- + nu
Will the ACTUAL operating hours in Question 11 . 0 . 3
be extended up to the PERMITTED operating hours in
Question II . B . l in order to accommodate Town of
Southold solid waste? To be discussed.
Yes No
S . Ara there any local agreements, ordinances, etc .
which would prohibit extending the ACTUAL
operating hours in Question II .E .3 up to the
PERMITTED operating hours in Question
Yes No—__
C . What is the PERMITTED annual capacity in tons?
1998 914.325
1999 985,500
2000: 985,500
• 2001 985,500
2002 985,500
0 . At the 3ERM177ED levels in Question iI .C . , what is the
projected useful life in years?
25 years.
E . What is the annual RECEIVING level today? o14 195 TPY
Bidder Solid Waste Disposal Sites) Schedule S,O .j
• BID (PROPOSAL) FORMS Pace 3 of 7
INFORMATION SCHEDULE J - (Continued)
i . Are there any existing Agreements with local
municipalities which prohibit:
Item Yes No
1 . Routing to site X
2 . weight limits between X _
state roads and site
Number o� vehicles X
4 . vehicle size X
S . Solid waste importation X
outside jurisdictional area
S . Host Community Benefits X
IIi . EXPANSION PLANS
• A . Application Permit
; . Permi_tee: N/A
2 . No . :
3. State:
Date of Submission:
S. Copy Enclosed: Yes No
G. Submission Status:
a . Expansion or current site or new site
b . Local Citizenry reaction
C. Regulatory agency
•
Bidder Solid Waste Disposal Site(s) Schedule S.0.J
BID CPROPOSAL) FORM Page S-:oE 7
• L N,70 RNA 7T ON =i'X ED"t E ?
d . Litigation
a • Likelihood to succeed
you are successful in Question 111—A . , what is the
additional annual DESIGN capacity in tons (do not.
include Figures From Question II .C.
N/A
1998
1999
2000
2001
2002
• C. At the annual DESIGN levels in C+uesti:on III .B . , what
would be the Projected useful li=e in years?
N/A
D . Would you 5e willing to share with the Town of Southold
engineering reports utilized far the preparation OF the
Operating Permits on Expansion Application?
Yes �_ No7 . _
Bidder's Disposal Sits(s) Engineer of Record
Firm 's Name Cummings and Smith
Firm 's Address 90 Bent j place Upper Montclair, NJ
Pro Ject Engineer Daniel Shabat P E
• Bidder Solid Waste Disposal Site(s) Schedule S.O .J
BID (PROPOSAL) FORM
Page 6 of 7
• TNFORMA-ION SCHEDULE J - (Continued)
Iv . ATTACHMENTS
Attach copies of all permits required of the disposal
site(s) and a copy of the agreement, performance bond and
insurance between bidder and permit holder to use the disocsal
site(s) during the term of this Agreement.
Are you willing to meet with the Town of Southold to disclss
Your short and long term disposal capabilities? Yes X Ne
The undersigned hereby certifies that services„ material , or
equipment to be `urnished as a result of this bid will be in Eui1
:accordance with Town of Southold specifications applying thereto
unless exceptions are indicated above and an explana=ion
attached .
3idding Company Transriver Marketing Company L.P.
Address 333 Earle Ovington Blvd.
Uniondale, NY 11553
City .:tate
z' ^
• By I-Hp#tgrj 6• i3euc�— D!x ecfprL .4,- AAIKk=1:'nt4rrT --
Please F-pint or Type) ��NAME ANO TITL_
S'lynatur=_T1��
Phone No. (516) 227-1912
Date_ 5/22/97
CORPORATE SEAL
Ridder Solid Waste Oisposal Site(s) Schedule S.C1 .,i
SI:O CPROPOSAL) FORM Page 7 of i
i
-----------
i
INFORMATION SCHEDULE J
Town of Southold Bid Project
Solid Waste Haul-Disposal Services
NOTE: IF A BBIDDER INTENDS TO UTILIZE MORE THAN ONE SOLID
WASTE DISPOSAL SITE, AN INFORMATION SCHEDULE J MUST BE
COMPLETED FOR EACH DISPOSAL SITE .
The following is information on the undersigned Bidder 's Solid
Waste Disposal Site:
I . SENERAL
A . Disposal Site Location
Name: American Ref-Fuel Company of Hempstead
Address: 600 Avenue C at Stewart Avenue
• Westbury, NY 11590
Phone: (516) 683-5438
S . Disposal Site mailing address Cl: different than
I )
Address:
II . CURRENT OPERATIONS
A . Operations Permit
1 . Permittee: ARC of Hempstead
Solid haste: 1-2820-01727/00010-0
2 . No . : Air: 1-2820-01727/00011
3 . State: New York
Date of Issue: SW: 7/24/95 -- Air: 8/7/96
S . Date of Expiration: SW: 7/23/00 -- Air: 8/6/97
• Copy Enclosed: Yes: _X No:
Bidder Solid Waste Disposal SiteCs) Schedule S .O .J
BID (PROPOSAL) FORM Page 1 of 7
NFORMATION SCIFUULE pnt+ nu=�
B . Hours of Operations
1 . What are the PERMITTED operating hours? 24 HOURS
DAY A .M . P .M .
MONDAY tp
Tuesday to
Wednesday to
Thursday to
Friday to
Saturday to
Sunday to
c . Are there any P--RMT-TED closure periods
stipulated?
Nn_
• 3 . What ace the ACTUAL operating hours?
DAY A .M . F .M .
Monday 12 to 10
Tuesday 12 to 10
Wednesday 12 to 10
Thursday 1_ to _10
Friday 12_ to 10
Saturday 6 to �_
Sunday to
't . What holiday or other period is the Disposal Site
typically closed?
DAY YES NO
New Year 's X to
Memorial �- to
Independence X to
Labor X to
Thanksgiving X to
Christmas X to
Other (Specify) to
•
Bidder Solid Waste Disposal Site(s) Schedule S .O .J
BID (PROPOSAL) FORM Page 2 of 7
• IN.*'ORMATIDN SCHEDULE J - !continued;
5 . Will the ACTUAL operating hours in Question 11 . 8 . 3
be extended up to the PERMITTED operating hours in
Question II . B . 1 in order to accommodate Town of
Southold solid waste?
Yes No X
E . Are there any local agreements, ordinances, etc .
which would prohibit extending the ACTUAL
operating hours in Question II .E .3 up to the
PERMITTED operating hours in Question 11 .B . 1 . ?
Yes No X
C . What is the PERMITTED annual capacity in tons?
1998 914,325
1999 914,325
2000 914,325
• 2001 914,325
2002 914,325
D . At the PERMITTED levels in Question II .C . , what is the
projected useful life in years?
20 Years
E . What is the annual RECEIVING level today? 914.325
Bidder Solid Waste Disposal Sites) Schedule 5'0 .J
• BID (PROPOSAL) FORMS Pace 3 of 7
TNFQRr!ATInN SCHEDULE i - i'•, - . ._j:
F . At the RECEIVING levels in Duestic- : : . E . , what is the
projected useful life in years?
20 vears
G. How much of the RECEIVING level in :uestion II . E . is
committed to under contract in tons?
1998 Approximately 70%
1999 Approximately 70%
2000 Approximately 70%
2001 _&pprnxima ly 70%
2002 ApQroximately 70%
H . Does the Disposal Site have special waste restrictions
• for:
Gate
Yes No Fee (S)
1 . Construction/Demolition X
2 . Asbestos X
3 . Wastewater Treatment X
Sludge —'
H . Hazardous Waste X
None Accepted
• Bidder Solid waste Disposal Site(s) Schedule S.O .J
BID (PROPOSAL) FORM Page It of 7
INFORMATION SCHEDULE J - (Continued)
I . Are there any existing Agreements with local
municipalities which prohibit:
Item Yes No
1 . Routing to site X
2 . Weight limits between X
state roads and site
3 . Number of vehicles X
µ . vehicle size X
S . Solid waste importation X
outside jurisdictional area
S . Host Community Benefits X
III . EXPANSION PLANS
• A . Application Permit
1 . Permittee: No current plan to expand
2 . No . :
3 . State:
It . Date of Submission:
S. Copy Enclosed: Yes No
6 . Submission Status:
a . Expansion of current site or new site
b . Local Citizenry reaction
C . Regulatory agency
Bidder Solid Waste Disposal Site(s) Schedule 5 .0 .J
BID (PROPOSAL) FORM Page 5 of 7
• i NFORMAT I ON SCXEDI lLE i - C =nnr ni_u=(S l
d . Litigation N/A
e . Likelihood to succeed N/A
B . If you are successful in Question III .A . , what is the
additional annual DESIGN capacity in tons (do not
include Figures from Question II .C. )?
1998 N/A
1999 N/A
2000 _ N/A
2001 N/A
2002 N/A
•
C . At the annual DESIGN levels in Question 11I . B . , what
would be the projected useful liFe in years?
N/A
O . Would you be willing to share with the Town of Southold
engineering reports utilized for the preparation of the
Operating Permits on Expansion Application?
Yes No N/A
Bidder 's Disposal SiteCs) Engineer of Record
Firm 's Name In-house engineering
Firm's Address Steven Giammona, P.E.
Project Engineer
• Bidder Solid Waste Disposal Site(s) Schedule B .O .J
BID (PROPOSAL) FORM Page 6 of 7
TNFORMAT7ON SCHEDULE J . - (Continued)
IV . ATTACHMENTS
Attach copies of all permits required of the disposal
site(s) and a copy of the agreement, performance bond and
insurance between bidder and permit holder to use the disucsal
site(s) during the term of this Agreement .
Are you willing to meet with the Town of Southold to discuss
your short and long term disposal capabilities? Yes X No
The undersigned hereby certifies that services, material , or
equipment to be furnished as a result of this bid, will be in full
accordance with Town of Southold specifications applying thereto
unless exceptions are indicated above and an explanation
attached .
3idding Company Transriver Marketing Company L.P.
Address 333 Earle Ovington Blvd.
Uniondale, NY 11553
• City State Zip
By �T, l3eUe- Dja et-Mn- ,F AthKK�"T►1N�i
(Please Print or Type) NAME AND TITLE
Signature
Phone No . (516) 277'Iq 12
Date— 5/22/97
CORPORATE SEAL
Bidder Solid waste Disposal Sites) Schedule S.O ..;
BID (PROPOSAL) FORM Page 7 of i
•
INFORMATION SCHEDULE K
FORM OF BID BOND
•
•
• INFORMATION SCHEDULE L
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS, that (hereinafter
called the "principal" and _ (hereinafter called the "Surety") are held and firmly
bound to the Town of Southold (hereafter called the "Owner") in the full and just sum
Of dollars ($ ) good and lawful money of the United
States of America, for the payment of which sum of money, well and truly to be made
and done, the Principal binds himself, his heirs, executors, administrators and
assigns and the Surety binds itself, its successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement
bearing date on the _ day of_, 1997 with the Owner for the Town of Southold
Solid Waste Haul-Disposal Services, a copy of which Agreement is annexed to and
hereby made part of this bond as though herein set forth in full.
NOW, THEREFORE, the conditions of this obligation are such that if the
Principal, his or its representatives or assigns, shall well and faithfully comply with
and perform all the terms, convenants and conditions of said Agreement or his
(their, its) part to be kept and performed and all modifications, amendments,
• additions and alterations thereto that may hereafter be made, according to the true
intent and meaning of said Agreement, and shall fully indemnify and same harmless
the Owner from all cost and,damage which it may suffer by reason of failure so to
do, and shall fully reimburse and repay the Owner for all outlay and default, and
shall protect the said Owner against, and pay any and all amounts, damages, costs
and judgments which may or shall be recovered against said Owner or its officers or
agents or which the said Owner may be called upon to pay to any person or the
doing of said work, or the repair of maintenance thereof, or the manner of doing the
same, or the neglect of the said Principal, or his (their, its) agents or servants or the
improper performance of the said work by the said Principal, or his (their, its) agents
or servants, or the infringement of any patent or patent rights by reason of the use of
any materials furnished or work done as aforesaid or otherwise, then this obligation
shall be null and void, otherwise to remain in full force and effect;
PROVIDED HOWEVER, the Surety, for value received, hereby stipulates
and agrees, if requested to do so by the Owner, to fully perform and complete the
work mentioned and described in said Agreement, pursuant:to the terms, conditions,
and convenants thereof, if for any cause the Principal fails or neglects to so fully
perform and complete such work and the Surety further agrees to commence such
work of completion with ten (10) calendar days after written notice thereof from the
Owner and to complete such work within ten (10) calendar days from the expiration
• of the time allowed the Principal in the Agreement for the completion thereof; and
further
PROVIDED HOWEVER, the Surety, for value received, for itself and its
successors and assigns, hereby stipulates and agrees that the obligation of said
Surety and its bond shall be in no way impaired or affect by an extension of time,
• modification, work to be performed thereunder, or by any payment thereunder
before the time required herein, or by any waiver of any provisions thereof, or by any
assignment, subletting or other transfer of any work to be performed or any monies
due or to become due thereunder; and said Surety does hereby waive notice of any
and all of such extensions, modifications, omissions, additions, changes, payments,
waivers, assignments, subcontracts and transfers, and hereby expressly stipulates
and agrees that any and all things done and omitted to be done by and in relation to
assignees, subcontractors, and other transferees shall have the same effect as to
said Surety as though done or omitted to be done by or in relation to said Principal.
IN WITNESS WHEREOF, the Principal and hereunto set this (their, its) hand
and seal and the Surety has caused this instrument to be signed by its and
its corporate seal to be hereunto affixed this_day of
Principal
(If Corporation add
Seal and Attenstation) By:
• Attest:
Surety:
Add Corporate Seal By:
Attest
Address of Surety
•
• INFORMATION SCHEDULE M
OPERATIONAL PLAN
The Bidder hereby states that its proposes to implement the following operational
plan to haul and dispose of Municipal Solid Waste (bISW) from the Town of
Southold Landfill if awarded an Agreement.
I. Haul
The two possible subcontract haulers own over 50 pieces of equipment
between the two of them. Both companies have extensive history in the waste
business both on Long Island and elsewhere. Trucks will be available , especially
with the close proximity of JBH in Yaphank, to dispose of the Town's waste as
needed. 4-6 drivers per day will be available to deliver empty containers and pick-
up waste at the Town's facility on a as needed basis. If the amount of drivers and
trucks are incorrect, they will be adjusted accordingly.
II. Disposal
• The primary facilities to be utilized to dispose of the Town's waste are waste-
to-energy plants. The waste will be burned at extremely high temperatures and
energy will be produced from the heat. Bulkies will be removed from the waste
stream at the facilities and shipped to landfills.
Site No. 1
NAME American Ref fuel of Delaware County
LOCATION 10 Highland Avenue, Chester, PA
CONTACT PERSON AND PHONE NO. Steve Simmons 610-497-8100
ARRANGEMENTS FOR USE Transriver is 98% owned by American Ref-
fuel
TREATMENT OR UNUSUAL CONDITIONS Waste-to-Energy
Site No. 2
• NAME American Ref-fuel of Hempstead
LOCATION 600 Avenue C at Stewart Avenue
CONTACT PERSON AND PHONE NO. Bill Wareham 516-683-5423
• ARRANGEMENTS FOR USE Transriver is 98% owned by American Ref-
fuel
TREATMENT OR UNUSUAL CONDITIONS Waste-to-Energy
Other facilities to be utilized include American Ref-fuel of Newark and BFI-
Conestoga Landfill in Pennsylvania. Please see section J for permits and details.
LITIGATION
To the best of Bidders knowledge, there is now current litigation which would have a
material adverse effect on Bidders operational capability or the useful life of the
solid waste disposal site.
•
•
0 0 0
American Ref-Fue. Coapany Date: 13-MAY-, 10:19:49
Profit fi W.. Statement Page:
Current Period: APR.FY-97
Currency: USD
00.61 (TRANSRIVER MARKETING)
Current Current Current
Month Month Month Year-To-Date Year-To-Date Year-To-Date
Budget Actual Fav/(UnFav) Budget Actual Fav/(DnFav)
''. -------------- -------------- -------------- -------------- -------------- --------------
REVENUE:
TIPPING FEES 6,038,463.70 6,263,835.05 225,371.35 35,772,742.00 33,095,487.43 (2,677,254.57)
______________ ______________ ______________ -------------- -------------- -__-_-_-__----
GROSS REVENUE SUBTOTAL 6,038,463.70 6,263,835.05 225,371.35 35,772,742.00 33,095,487.43 (2,677,254.57)
______________ ______________ ______________ -------------- -__-_-----_---
NET REVENUE 6,038,463.70 6,263,835.05 225,371.35 35,772,742.00 33,095,487.43 (2,677,254.57)
.............. .............. .............. .............. .............. ..._..........
OPERATING EXPENSES
------------------
SALARY EXPENSE 113,365.13 90,369.78 22,995.35 757,466.07 674,062.97 83,403.10
EMPLOYEE S PUBLIC RELATED 23,578.00 21,770.18 1,807.82 159,050.00 105,498.42 53,551.58
OFFICE EXPENSE 51,659.87 52,215.69 (555.82) 395,167.76 319,849.85 75,317.91
OUTSIDE SERVICES 6 FEES 3,775.00 3,018.23 756.77 17,975.00 41,988.48 (24,013.48)
RENTALS 4,600.00 4,737.89 (137.89) 30,584.00 38,630.31 (8,046.31)
DEPRECIATION/AMORTIZATION EXPENSE 4,000.0D 3,625.36 374.64 28,000.00 25,377.80 2,622.20
011m EXPENSES 26,606.89 45,349.71 (18,742.82) 1B6,248.23 219,934.47 (33,686.24)
OPERATIONAL EXPENSES 5,343,179.00 5,460,553.52 (117,374.52) 31,555,559.00 28,742,302.29 2,813,256.71
SUMMARY OF LABOR 6 MATERIALS (3,000.00) 16,924.00 (19,924.00) (21,000.00) 69,605.71 (90,605.71)
-------------- -------------- -------------- -------------- -------------- ----_---------
TOTAL OPERATING EXPENSE 5,567,763.89 5,698,564.36 (130,800.47) 33,109,050.06 30,237,250.30 2,871,799.76
OPERATING PROFIT 470,699.81 565,270.69 94,570.68 2,663,691.94 2,858,237.13 194,545.19
MANAGEMENT RESERVE (69,436.00) 0.00 (69,436.00) (210,936.00) 0.00 (210,936.00)
INTEREST INCOME/EXPENSE (9,500.00) (5,339.76) (4,160.24) (66,500.00) (56,899.53) (9,600.47)
-------------- -------------- -------------- -------------- --------------
--------------
TOTAL =R COSTS (78,936.001 (5,339.76) (73,596.24) (277,436.00) (56,899.531 (220,536.47)
PBTA 549,635.81 570,610.45 20,974.64 2,941,127.94 2,915,136.66 125,991.28)
CORPORATE G fi A 76,044.00 114,719.00 (38,675.00) 532,308.00 1,006,803.00 (474,495.00)
-------------- -------------- -------------- -------------- -------------- -----_--------
473,591.61 455,691.45 (17,700.366, 2,408,819.94 1,9066,333.66 ;500,486.28)
PBITA 549,635.81 570,610.45 20,974.64 2,941,127.94 2,915,136.66 (25,991.28)
• American Ref• Conpany Date: 13 MAY
-•1U:24.16
Trial Balance Page: 1
Current Period: APR.FY-97
Currency: USD
- CO-61 (TRANSRIVER MARKETING) -
ACCr SOB CO AREA DEPT PR0.7 FUTR DR/(CR) Prior DR/(CR) t .th DR/(CR) Year
________________________________________ __________________ ___ ____ ____ ______ _____ ------------------ __________________ __-_______________
1111 CIE - MASTER ACCOUNT 000 GENERAL 61 000 0000 00000 0000 2,931,308.02 (1,166,816.161 1,764,491.86
__________________ __________________
Total Cash in Banks 2,931,308.02 (1,166,816.16) 1,764,491.86
1121 WORKING FOLD 001 BANK1 61 000 0000 00000 0000 21,085.72 1,211,462.64 1,232,548.36
1121 WORKING FUND 005 IMPRESr FUND ( 61 000 0000 00000 0000 9,302.26 0.00 9,302.26
1125 PETTY CASH 000 GENERAL 61 000 0000 00000 0000 500.00 0.00 500.00
__________________ __________________ -------.._________
Total Working Fwd 30,887.98 1,211,962.69 1,292,350.62
__________________ ___ ____ ________
Total Cash and Short Term Investments 2,962,196-00 44,646.48 3,006,842.48
1311 A/R - TRADE 000 GENERAL 61 000 ODDO 00000 0000 8,527,799.36 1,967,443.38 10,495,242.14
1319 ALLOW. FOR DOUBTFUL ACCTS 000 GENERAL 61 000 0000 00000 0000 (355,890.95) (40,000.00) (395,890.45)
Total A/R Net Trade 8,171,908.91 1,927,443.38 10,099,352.29
1331 A/R - PARTNERS 001 BFI 61 000 0000 00000 0000 769,517.13 15,163.90 784,681.03
1333 A/R RELATED PARTIES 010 HOUSTON 61 000 0000 00000 0000 30,746.26 20,018.49 50,764.75
1333 A/R RELATED PARTIES 050 NIAGARA 61 000 0000 00000 0000 235,792.22 18,578.33 254,370.55
1333 A/R RELATED PARTIES 070 A/P - SEWASS P 61 000 0000 00000 0000 570,179.66 73,481.78 643,661.64
1333 A/R RELATED PARTIES 203 TRANSRIVER ADM 61 000 0000 OOD00 0000 12,232.44 32,678.24 44,910.68
1333 A/R RELATED PARTIES 204 TRANSRIVER PER 61 000 0000 00000 0000 173,744.66 24,113.03 197,857.69
1335 A/R BPI PHARMACEUTICALS 001 RDS-PHARMACEUT 61 000 0000 00000 0000 14,726.17 701.32 15,427.49
__________________ __________________ __________________
Total A/R Related Party 1,806,938.74 184,735.09 1,991,673.83
1345 PROMISSORY NOTES-EMPLOYEE 000 GENERAL 61 000 0000 00000 0000 4,165.01 (832.99) 3,332.02
__________________ __________________ __________________
./o ,.. .. 4.165.01 (832.991 3,332.02 -
1361 DEFERRED BILLING 000 GENERAL 61 000 0000 00000 0000 71,122.82 (12,666.08) 58,456.74
1361 DEFERRED BILLING 010 HOUSTON 61 000 0000 00000 0000 13,943.46 (13,943.46) 0.00
1361 DEFERRED BILLING 030 ESSEX 61 000 0000 00000 0000 2,520.00 360.00 2,880.00
1361 DEFERRED BILLING 070 SEMASS PARTNER 61 000 0000 00000 0000 216.39 0.00 216.39
1361 DEFERRED BILLING 080 SEMASS OPERATI 61 000 0000 00000 0000 0.00 2,750.00 2,750.00
1363 A/R REFUNDS 000 GENERAL 61 000 0000 00000 0000 25.80 0.00 25.80
__ _____ __________________ ------------------
Total
_ _____Total A/R Other 87,828.47 (23,499.54) 64,328.93
_____
__________________ __ ______
Total Accounts Receivable 10,070,841.13 2,087,845.94 12,158,687.07
__________________ __________________ __________________
Total Current Assets 13,033,037.13 2,132,492.42 15,165,529.55
1681 EMPLOYEE L/T NOTE RECVBLE 000 GENERAL 61 000 0000 00000 0000 30,853.0'1 0.00 3U,853.07
• American Ref-Flle. :Oupany Date: 13-MY
1010-24 36
Trial Balance Page: 2
Current Period: APR.FY-97
Currency: USD
CO-61 (TRANSRIVER MARKETING)
ACCT SUB CO AREA DEPT PRQ3 FV1R DR/(CR) Prior DR/(CR) Month DR/(CR) Year
________________________________________ __________________ ___ ____ ____ ______ _____ ------------------ ------------------ ------------------
------------------
Total Long Tenn Imrestments 30,853.07 0.00 30,853.07
1713 PLANT 4 EQUIPMENT - 000 GENERAL 61 000 0000 00000 0000 180,776.19 0.00 180,776.19
1721 CONSTRUCTION IN PROGRESS 000 GENERAL 61 000 0000 00000 0000 8,417.74 0.00 8,417.74
__________________ __________________ __________________
Total Plant, Property 6 Equipment 189,193.93 0.00 189,193.93
I
I
1751 ACCURRATED DEPRECIATION 000 GENERAL 61 000 0000 00000 0000 (66,573.211 (3,540.99) (70,114.20)
1756 ACC M. AMORT. 000 GENERAL 61 000 0000 00000 0000 (1,518.671 (84.37) (1,603.04)
__________________ __________________ ____ -
Total Acc lated Depreciation (68,091.881 (3,625.36) (71,717.24)
1925 DEPOSITS 000 GENERAL 61 000 0000 00000 0000 5,546.00 0.00 5,546.00
__________________ __________________ .__-_--_
Total Deferred Costs - Other 5,546.00 0.00 5,546.00
_ _________________ ______
Total I<" Term Assets 157,501.12 (3,625.36) 153,875.76
__________________ __________________ --------------_..
Total Assets 13,190,538.25 2,128,867.06 15,319,405.31
2011 A/P - TRADE 000 GENERAL 61 000 0000 00000 0000 (44,190.08) 23,377.81 (20,812.27)
2015 A/P - ACCRUED 000 GENERAL 61 000 0000 00000 0000 (85,707.01) (81,528.79) (167,235.80)
------------------ ------------------ -------
Total Accounts Payable Trade (129,897.09) (58,150.98) (188,048.07)
2033 A/P RELATED PARTIES 010 HOUSTON 61 000 0000 00000 0000 (176.682.79) (19.471.75) (196,154.54)
2033 A/P RELATED PARTIES 020 HEMPSTEAD 61 000 0000 00000 0000 (1,867,136.53) (125,123.94) (1,992,260.47)
2033 A/P RELATED PARTIES 030 ESSEX 61 000 0000 00000 0000 (2,277,941.24) (379,847.35) (2,657,788.59)
2033 A/P RELATED PARTIES 040 SOUTHEASTERN 61 000 0000 00000 0000 (12,367.38) 12,367.38 0.00
2033 A/P RELATED PARTIES 070 A/P - SEMASS P 61 000 0000 00000 0000 (3,966,658.64) (566,486.60) (4,533,345.24)
2033 A/P RELATED PARTIES 080 SEMASS 61 000 0000 00000 0000 (548.88) 0.00 (548.88)
2033 A/P RELATED PARTIES 120 DEI.CO 61 000 0000 00000 0000 0.00 (472,343.211 (472,343.21)
2033 A/P RELATED PARTIES 203 TRANSRIVER ADM 61 000 0000 00000 0000 0.00 (43,828.13) (43,828.13)
2038 A/P-PARTNERS 001 BFI 61 000 0000 00000 0000 (1,293.30) 1,293.30 O.DO
__________________ __________________
Total A/P Related Party (8,302,828.76) (1,593,440.30) (9,896,269.06)
I 209L ESCROW FUND PAYMENT 000 GENERAL 61 000 0000 00000 0000 (15,000.00) 0.00 (15,000.00)
Total A/P - Other (15,000.00) 0.00 (15,000 00)
__________________ __________________ __________________
Total Accounts Payable (8,447,725.85) (1,651,591.28) (10,099,317.13)
• American Ref Company Dale: 13-MAY 010:24:16
Trial Balance Page: 3
Current Period: APR.FY-97
Currency: USD
CO-61 (TRANSRIVER MARKETING)
ACCT SUB CO AREA DEPT PR03 FUIR DR/(CR) Prior DR/(CR) Month DR/(CR) Year
________________________________________ __________________ ___ ____ ____ ______ _____ _______________ __________________
2311 ACCRUED FRINGE BENFT 000 GENERAL 61 000 0000 00000 0000 (29,578.75) (7,562.89) (37,161.64)
2313 ACT. FRINGE FED. BE COSTS 002 OASDI 61 000 0000 00000 0000 11,010.78 3,194.31 14,205.09
2313 ACT. FRINGE FED. BE COSTS 003 MEDICARE 61 000 0000 00000 0000 2,575.02 747.03 3,322.05
2313 ACT. FRINGE FED. ER COSTS 004 FUTA 61 000 0000 00000 0000 528.20 18.07 546.27
2314 ACT. FRNG. STATE ER COSTS 001 UNEMPL. NY 61 000 0000 00000 0000 2,597.11 99.37 2,696.48
2314 ACT. PRNG. STATE ER COSTS 011 UNEMPL. MA 61 000 0000 00000 0000 323.99 0.00 323.99
2317 ACT. FRING. MEDICAL/HEALTH 001 GREAT WEST/CON 61 000 0000 00000 0000 0.00 66.10 66.10
2317 ACT. FRING. MEDICAL/HFALTN 002 FID 61 000 0000 00000 0000 912.76 3,112.36 4,025.12
2317 ACT. FRING. MEDICAL/HEALTH 003 AETNA 61 000 0000 00000 0000 13,215.06 443.18 13,658.24
2317 ACT. FRING. MEDICAL/HEALTH 005 GUARDIAN 61 000 0000 00000 0000 48.58 (15.64) 32.94
__________________ __________________ ------------._____
Total Accrued Fringes/Payroll 1,632.75 81.89 1,714.64
2413 PAYROLL TAX - FEDERAL 001 FEDERAL INCOME 61 000 0000 00000 0000 (0.04) 0.00 (0.04)
2413 PAYROLL TAX - FEDERAL 002 ER - OASDI 61 000 0000 00000 0000 (0.08) (0.04) (0.12)
i2413 PAYROLL TAX - FEDERAL 003 ER - MEDICARE 61 000 0000 00000 0000 0.02 0.02 0.04
2413 PAYROLL TAX - FEDERAL 004 FUTA 61 000 0000 00000 0000 0,01 0.00 0.01
2413 PAYROLL TAX - FEDERAL 006 EE - MEDICARE 61 000 0000 00000 0000 (0.01) 0.00 10.01)
2414 PAYROLL TAX LIABILITY - STATE BE 001 SUI - NY 61 000 0000 00000 0000 0.03 0.00 0.03
__________________ __________________ _____________..____ '
Total Payroll Tax Liability (0.07) (0.02) (0.09)
2423 SALES i USE TAX LIAB 000 GENERAL 61 000 0000 00000 0000 (2,342.44) 0.00 (2,342.44)
Total Other Taxes (2,342.44) 0.00 (2,342.44)
2432 PAYROLL DEDUCTIONS 001 UNITED WAY 61 000 0000 00000 0000 (109.00) (38.00) (147.00)
2433 SAVINGS/RETIREMENT PLANS 001 EMPLOYER BASIC 61 000 0000 00000 0000 (2,204.95) (80.21) (2,285.16)
2433 SAVINGS/RETIREMENT PLANS 002 EMPLOYER 401K 61 000 0000 00000 0000 (1,757.49) (63.29) (1,820.78)
2433 SAVINGS/RETIRF}ENT PLANS 003 EMPLOYEE 401K 61 000 0000 00000 0000 (7,428.11) 93.16 (7,334.95)
2433 SAVINGS/RETIREMENT PLANS 004 401K EMPLOYE L 61 000 0000 00000 0000 (2,059.67) 161.64 (1,898.03)
2435 ACCRUED BONUS 000 GENERAL 61 000 0000 00000 0000 (41,588.82) (15,055.28) (56,644.10)
2439 ACCRUED PAYROLL 000 GENERAL 61 000 0000 00000 0000 (53,762.36) (6,484.22) (60,246.58)
I __________________ __________________ __________________
Total Payroll Accruals/Deductions (108,910.40) 1 (21,466.20) (130,376.60)
__________________ __________________ __________________
Total Current Liabilities (8,557,346.01) (1,672,975.61) (10,230,321.62)
__________________ __________________ __________________
Total Liabilities (8,557,346.01) (1,672,975.61) (10,230,321.62)
2911 CONTRIBUTED CAPITAL - BFI 001 BFI GP 61 000 0000 00000 0000 (20.00) 0.00 (20.00)
2913 CONTRIBUTED CAPITAL - ARC 001 CONTRIBUTED CA 61 000 0000 00000 0000 (1,944,122.00) 0.00 (1,944,122.00)
__________________ __________________ _____
Total Capital (1,944,142.00) 0.00 (1,944,142.00)
2993 BEG. RETAINED EARNINGS - ARC 000 GENERAL 61 000 0000 00000 0000 (1,236,608.03) 0.00 (1,236,608.03)
Total Beginning Retained Earnings (1,236,608.03) 0.00 (1,236,608.03)
• American Re* Conpany WL, IJ MAYO 10:24:14
Trial Balance Page: 4
wrrenL Period: APR.FY-97
Currency: USD
CO-61 (TRANSRIVER MARKETING)
ACCT SUB M AREA DEPT PRW FV1R DR/(CR) Prior SDR/(CR) Month DR/(CR) Year
------------------
------------------ __________________ __________________
Total Retained Earnings (1,236,608.03) 0.00 (1,236,608.03)
__________________ __________________ __________________
Partner Equity (3,180,750.03) 0.00 (3,180,750.03)
Net Inc (Loss) 1,452,442.21 455,891.45 1,908,333.66
Assets 13,190,538.25 2,128,867.06 15,319,405.31
Liabilities (8,557,346.01) (1,672,975.61) (10,230,321.62)
Partner Equity (3,180,750.03) 0.00 (3,180,750.03)
Net Income (Loss) (1,452,442.21) (455,891.45) (1,908,333.66)
Trial Balance Total 0.00 0.00 0.00
I '
• S.O.F - EXPERIENCE
TransRiver Marketing Company
TransRiver Marketing Company is a limited partnership owned by an indirect wholly-
owned subsidiary of Browning-Ferris Industries, Inc. and American Ref-Fuel Company.
TransRiver is responsible for waste acquisition marketing, transportation coordination
and special waste acquisition for American Ref-Fuel and BFI waste disposal facilities.
TransRiver provides marketing, management and contract administration in the area of
waste acquisition and associated administration for American Ref-Fuel Company
resource recovery facilities and BFI landfills.
Browning-Ferris Industries, Inc.
• Browning-Ferris Industries, Inc. (BFI) is one of the largest publicly held waste
companies in the U.S.. Along with its subsidiaries and affiliates BFI collects, processes
for recycling, transports and disposes of a wide range of commercial, industrial, medical
and residential solid wastes. The company has annual revenues of more than $5.5
billion. BFI operates in 46 states and many foreign countries. BFI is the largest
collector and processor of recyclable materials in the world.
Worldwide, BFI employs approximately 43,000 people, including operations in
approximately 450 locations serving North America and approximately 320 districts
outside of North America.
•
• American Ref-Fuel Company
American Ref-Fuel Company was formed in 1983 by Browning-Ferris Industries, Inc.,
and Air Products and Chemicals, Inc. Its primary objective is to build and operate
advanced waste-to-energy facilities using a unique combustion technology licensed from
the distinguished German firm, Deutsche Babcock Anlagen GmbH. This technology,
which has been designed specifically to handle garbage of widely varying composition,
reduces the incoming volume by 90 percent and produces electricity. Together with its
parent companies, American Ref-Fuel offers a wide range of waste disposal solutions,
including composting, waste-to-energy, landfills, methane gas recovery, ash and metals
marketing and other related services.
Through competitive bidding, American Ref-Fuel has been selected to design, construct,
• own and operate three waste-to-energy facilities. Two more large-scale resource
recovery facilities were added via acquisitions in 1993 and 1996. Combined, these
facilities provide American Ref-Fuel with an aggregate asset base of $1.6 billion, and a
processing capacity of approximately four million tons per year.
Hempstead, New York; Essex County, New Jersey; and a 14-town area of Southeastern
Connecticut serve as examples of U.S. communities that have selected American Ref-
Fuel Company to provide their waste processing systems. Together with facilities
acquired in Niagara Falls, New York, and Rochester, Massachusetts, these plants serve
as the central features of the integrated solid waste management systems in the
communities they serve.
•
05/22/97 08:17 FAX 8148577675 Z002
• 65/21/1997 61 PmIART Tfd1dtING CO. Page
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::YV C:, IWl2VNjT Lit: Ayy'•VS
Fdr,-• H
SIN: 1FUrIDSY1D:P1'if72445 State: PA Lie Exp: OSlIU97 SthYW.eel: F
43 1993 FREI F:L::CR J : � r art , .': i,.. War, 9 L;Ft
Model.* f7C12664ST; ^t` . �iL'et Lit: 0930120` •;',
Llt 'xp• Ju; wnCa;,
156 199E FREIGHTLIM11 Tractor Color: BLUE Lift Axle; N
_.�.;off:F`t'�`! a,. -'• A C L —�•
S/N- IFUYDSYB5trd47^ • `»„ S/ . F
t�g ` . State: PA :i , Lie Exp: 05/,31197:^gJ Sah Wheal: F
:."Lr-1993�REi�Ein �otrvf w,vr."D;'v�'�'TiTs'n.,e. n
Andel: FLD32064ST
Lie: AM446 ILwp: H
S/N: 1P.R, B,'1P4;72,C: SWe.' ^^ Li ' 65 ::
e.e- n t E:Y. !( !97 5th :^r^aii: F
^,
153 1944 fRFILD"LiNER. Tractor Color* BLUE . . Lift Axle: N
diT: r,nn�n ^rr . .i •. .
is WlLvr+� :-. B Poop: H
STF' ^JINCSYB2"A4E065C—'— St¢te.^PR— LiL'Exp: 65rR747-5th Sihaa F.
154 :944 FREIni ;11iER Tr:c ar Color BLUE 'Li Ft ft-4. J
---4fc a`�TLV1ZDd4.�---Tc:'RA664D ---�--paAp-„
Lit E:Y: .5,'31;9°,, .,.r -,w. F.
15:—X994'-fTfFiGHTCTti6'—'—tractor Calor:"P1llC— -•'Gift�x1e: h
adi'•: F 266;5' Lic: AA'46d3 Ra-• H
SJN: 2TUYDSYB6RA430652 State: PA Lie Exp: OS/31/97 Sth Wheel; F
:56 ;994 rREI TL1::LR Tractor. Calor: EUIE LJF, Axli: N
Madel: FLD12064ST Lie. AD74142, pomp.. H
��";ZT,"I^,,.5'71�:t�:3�t,,`3' '�a..:-P�----:._Lt.-C C•'3:L'::: Ja
:571994 FREIGFITLINER Tractor C01er: BLUE Lift Axle: N
SRI; ?FUYDSY8XRA430G;4 � ' St.;te: PR .. .`,1.. Li Exp: 05/31/97 '.:�' 5th
d
MAY 22 197 08:29 8148577675 PAGE.O2
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Equipaeit Inforntion ( lenu-TU)
-•---------------------------
ISe 1444 FIEIGNTLINEP.' Tractor -
Y z^ $* Color: SLUE." Lift Azle: I✓
—£Tf�FDPJSYSIRATO W a'�e O rc .xp'^0573r/9�nli unw,
154 I474 F&ISI YIMLT! Nc or Cclar: ME Li Ft Awi:
Model: J Ic, np.
STi2PJ ' :656 Sta:e: W Lic Exp: 05! 1:57' St` 1tiail: r
rac or 6Ior ECOE —� n AtTe ll
Nvdi1: FTJ^,:20645' Lic: 93314w
P.W. N
$M: 2FUYLr', PA430657 State: PA Lit Exp: 05/411/97 5th Nhefl: F
L
1991 FTSE:3N:'Ll .'•
s Fl
BUX.
Nu�e1: F1D120645T i�
Lic:
111. . 1 PE39 7?� : r : .
. .)'' �j+ .Piwp�: H
J•WJ eLe. 1 LiL „p: vJ/JaI r J•,: •
:CC•
162 :944 FREIGHTLINER Tractor Color: BLUE Lift Axle: N
a
::0411 L Y � • _ 0>
SJN.:''2FUYGS"591 A<30659: 'State: P0.
�•: ;. Lic Expe'05131/YJ:a: : Sth 10eeF F s
T, M •rW.Vr WIV tin ,1x18. /.
Mode:: CH613 Lic: AB?9a8V Punp: N
SM: :.U1,J3v,4R."i13A'.2, Rate: PA CAV3,I/9, rL 1.
.•c Exp: YJ 3,111 JYh .Fill. F
1 V14 MACK Tractor i ^alar: BLUE, Lift Axle: N
".'.Ucc::A��{ "— ..i: • u.
J/M1• 1.111.111' ;1.6L1. P LIC xpw ,i A'. �'� .. ryVj�1• M • :
JYd�OY, 75I19f'—SI
Ire 1
Tr .4 YLn, -.L
Iw 494 :mm ;clr ^..'lor: LOUIE Li Ft Axle: M
c,u. .wwl rnm N3w�23 .
:LMw1 Y/ ((' �. a:,PA. , Lic • VV 1 CL 1 1-
Exp. ,3 (�S7.. JYh I�ee:. F ; � �:•.
ra: or CuTceTBLUE--trft-wrr.
MOW: 0413 Lic: A834:44 - - - Pump: M
S/N: 1N1AA13YXI`430724 State: PA Lic Exp: 05/31/97 5th :0:eal: F
16' 1444 MA„ Tractor Color: BLUE Li Ft A:a: N
Yade1 EY613 Lic: 08405M Pu,
p: N
1d8 1944 NAG( Tractor Calor: BLUE Lift Axle: N
Y:� A84058P rr:r
S/N: :MSAAS^sY3R: 072b Stati: PA
Lic Exp: 05YS.r97 5th :+Eget: F Nodel: 17 0,12A64STPmp
Lic: AB75449 Pump'. N
SIN: L
2F'Y:.`SYB5RA43:66'• •'w StaLe:. PA ry1 "
%\ Up: VSI3Yi 1, F ,
170 1494 F70:TVMI:.ER Tractor Color. BLUE
Mati:: FIL;,120,5 Lic: AA44b6"' Lie. Axle: N
��/'r."2f'Ol'OG'•'fPPrv:,30SS2''---taro:'F�-=—=—.�9[ p•'^Y: FI.
-E•xp-0SY3i?97--5i:: fig�'� :'
:^1 11994 FREWL1: 11 Tractor :J-:or: e'LS,E Li Ft Axli: ll
:,7:
S 2Fw'YrSt92F4400662 S < PA Llc Exp: 05,31!9 5t5 L eel:.F` jl
�e
MAY 22 197 0829 8148577675 PAGE.O3
05/22/97 08:17 FAX 8148577675 [a004
• 05/21/1947 Cl KEPHART TRUCKING M. Page : 3
Eyeiprart lrfar,�tian j"ara-TTII,
y `'------_..ry.-__r"{-----I-----y-/_---------------------------------------------
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VI CI�uV - ft
dal:
Ir<L Wr Vr- BWL LI:.Y t.
" cdal:FIDI20645T� Lic: AA44673 Por+pu. H
---- JVOV<. :n LI♦ 1Y.�VIY.II
173 1994 rREIGHfLINER Tractor Color: BLUE Lift Axle: N
Iwvt�1JI1L�Jl uL �. .
SIN: 2M'DMRA,430664 State: PA .. Lic Eup: 05/31/97 5th meal: r.
r nnrc. nL—
Model: FL012064ET Lic: PM9026 Pugp: H
SIM: 21I.AR.IY64m430ur, St:e: PA Lic Exp: O101119" Rh Ma.:: F
175. . 10f94 rRE1CHTLINEA,_. ' ' 2 '. Tractor Color: BLU& ^ Lift Axle:
. . nudEl: rLili2i:6+s^ \ :es4� T Liv: nB'4: ', �a.' ' . h::�: . ;i Par:
--=�rN--;ro;cE�tBaFa;:,'�as�s:nr.-� . . o5r.3ti9r-=-5tMaAreete r
176 1994 FREIGW-LINCI Tractor Color: CLIA; Lif`. Axle:
}IcCeI�FtC12064 ,
3:ri: 2FJ"•I� B&4" "'Sd.. t '.
1i'• SYt•' n4Jv • ,. �t4�i:'1• •A 0i6.�:2M1. . . :•' �^+, VI M-I. .1: •
F.
:77—:974fIrli2n •. .1 Y}S,;
.1
Ani L'11��'tFfL Axle: 0
MriV il. FWL2V6,E? LI�: nV•I.J2J PumpH
SJR: 2FUYCSYExIA430bb0 State: PA Lic Exp: 05/31/97 5th Wheel: F
I 'l1.T� FNEIV.IILII ',I C't'y� ?rOVWr .. S If.• 1 : ; � YViVr: ULVG. Llft ry.i9: Il ,:3 .t
Model: FL0120G43T • " Lic.• AS41526" f . pgap: H ;,g °' ..•.' iJ
�V.I�\�rI��1I�1nA. �{ Ott '•
O.I\. aJ VIWl01•V1.V v<Ve: n Lly L••��—y Jt'IJJj,II - \..,r
"Y• Jtli cel.
1B0 1995 FITEIGHT1.110 Tractor Color: BLUE lift Axle: N
"��IIGveTM•FCn.1203: .- .. LI�."BI ,<33;J.- -----r.`¢.
9/1.4% 4.ate: PA Lic Exp: 05/ollV7 '. 5th Wheal: F
1u
P 76TOGWIt1 �<LVV LVIV� IILvt yily n�IC• n
Model: FID12044ST Lic: AA00141 Pur\p: H
E/N: lFLlw JJr474RY7Y SL<Lt: PA LIC E?p: CJl3.U9" 5ta Rhaa:. F
182 1945 fREf0iR1hLR Tractor,
���p Color: BLUE Lift Axle: N
aJ<:. FL .LYV,ST L.L. VJ+,I. Pao: H
.—��R:^.Ftll'BSYB79i7R9071—��tat' . ,c Exp: "v5:3iJ97--- St`'I.'hEElt•F
IB3 1945 F I%ILIA'ER ?rc cr Color: Bur Lift kli: N
`r—Pod el!7LI2Cd4ET'-- R♦r�wp:-H—
E": 1Fr"CS19SEi17R4072 Stt:E: PA : Liz up: 04/31/97 YY.I M"<a'1: F
10,E"�19951GtITL7N[R" Tractate— -;,alar:
BLUE---'Lift Axle:
Mc4a1: F0112064ST L:—: :244349 P=p: H
S/8: IFUrM091794073 State: PA Lic Exp: 05/31/97 5th Wheel: F
:"5 1485 FAEIGHTL,"ER ?r:cLar. „-lar: BLUE. Lift ::
A Iz:
Model: F1012064ST. . Lic: XNii=2 pump. H . . ."
5/:T:;FCT"IS`.'B''Sf,'S?:?,—�.xo-'.�:-T^--=—�Y•i�ExprAVZVV' —Stt :.Ika<:-F - .
1995 FREIGHTLPIR Trac�topr��Il� Calor: BLUE �Lift Axle: N
-: •Wa,.
t S/N: SFU7C5YE49d99075 is Ex y
;,: ; ' ;;'.='�. ? ': State: PR..:',iri L' p. 05/33!47, 4th Deal: F i
k
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MAY 22 197 021:30 8148577675 PRGE.04
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Equipment Information (Menu-Tel(
___-
----------------------------- ----------
187 1995 FREIGNTLIl4:(J. - -*: - - --
Tractor' Color: SUE... Lift Axle: N
..Jypr. F'L.,•2•.L,ST' .. "
Y V N
J� Llc xp:7573DS7 �Eh''?ee ,
:BN :49a FRE!GHTLIA'ER 'rectJr w:vr: B'ur'E Lift Ax:e: :
Jt: r 1
SI1F6"1PS1839LS9 State: PA L `/n I,r,I. mp,
. -c E:;p: ,.r91 T.. 5th Whes:,
F :
�ISSI�ZmdS4a5x:TrFCfyGh^TCUl'iJT: Lrlac Aoer v HSPJ: IFUwDSME,799.78 State: PA Lit Exp: 05/31/97 Sth lifiE
e;
; '
F
.9q,
C sLUE
` . Y.a e1 CH613
r,:, r r7 Li N. 6a:et M'
x :
Lie.
AC51 91.
; Pump: N
JVOwe, n • ''•
Iit gip. v.el'�. ]9'`r��JLa rrcil:`
191 1994 HAD( Tractor Color: BLUE Lift Axle: N
o`.- 1'33
1
rrr. . :.:.� ,i, .,.• . , , 1[ �°r•
are: P /31I42.;TSI : IHA1-mfu042498St
5th Wheel: F '
lIL • 1 Iw1"IM' al Wr WIVr: BW'E^`�'F4 nA 1C,•w ••
Model: C11413 Lie.' AA44672 Pump: N
_ S,"J: 1";".1;3Y1C C424SS S e r
• Lit E:p: 9e13::d7 5t5 :;w: F
094 % .. ,i, Tractor
C'I1' ;:, . - Color: BLUE >'_ Lift Axle., N: ;
Iv nnUw�U pump. y
n
145 Node
Node I
FRFLD2attar Cora: CLUE Lift• 1-I- 1
-
w •,.IO. J1
: IcCd 51•;' IC 1
PA
:heel. F
:96
HVECI. I199;-FTs'XI:LhiA.44Sq
. l 11 '-,
n
• ""Sii:."'1
� n
SIN: 1FIftDs ,4199400C H
State: IA Lic Eq, 95/31/97 5'IN Wheel: F
197 1445 FRE:317L.:XR ':-actor Color: BLUE
Model: FLD12o64SF .' ' Lie.' A849368 `rampp n" "
: H ..
JLCLC,, I��- LiL CIII.•VJ�.i.,M JYL�n'"i:CC�4
198 1995 rruJ1fFLIHES Tractor Color: BLUE Lift Axle: H
SRI: VtAl aisl749082 : State: PA Lie Exp: OS+31/97. 5th Wheel: F.,
•n'J .'445•FT1CTSRTC',1,'ER __ . ..
Model: FI.D12064ST Lic'LA1306C09 w V^- Pump: H
F,
r "
ste: PI".
Lie t%p: C;'3:;d7 5th :`aa:: F
<'Oo 1995 INTERJ{"niTC:JAL Tractor AL
941. Color: BLUE Lift Axle: N
_ 9 6:: 2
Li : AD5n5S PJr
n^1 r.92C'2gT-- —Gt6tie:"T c Ezp:�57aC/91`-5 `emcee ,
:955 FTd:OML::CA .
^'r wlJ•r: MUE ' iFt Ax:e: N'
- -
. n.. 1f L'1w^llSi4F?9inti`,.��•: S:a:R:, PA e i Exp:
f
MAY 22 197 06:30 8148577675 PAGE.05
05/22/97 08:17 FAX 8148577675 fdj008
• 0521/1497 01 RE111ART T9UCXlNG CO, Fagl! : 5
Eycipcar: 10orutior "a::c•T11:}
Y0; - - ----•-•------r
- - - - ---- ---- -- -
14^51RETuMITi1��R TreC`rt' Colo: IO_i:E;'.
McdEl: F D:27(4BT'" L!Ft
Lic:
ASSS507 Panp: H
JI' J7Ri74 " Yat[• FIA .�YL
\IL E y. •Irl,,, 4Y,. „t[
205 1995 FREICFRIRER Tractor Color: CLUE; Lift Axle: N
rFLM206; L:L. .8555tb�- -
}1�_rU1'Dr"�'73p99086. ';: S°Yata: PA Lic Exp: 05/31/97 . . : StA Wheal: f
-LUO •.lV :I{C.M .L.1. .1 Ol W:Vr�y4yL�![• 1.
Podel: FLD120MccT Lic: M56527 pump; H
w:.. 1R1YCu/B49f 44 S7 [St:
Lic: PA ic E—y: 05,'31/47 $tt "-hii:: F
207 1445'FRE{GFITLINGETR. �; TractorM . . Color: BLUE.., lift Axle; NIT
NOW. F'LD'ImAV1, - •ViL: 1V.:4"'ir•• : Pump :"r,•TA
—_—sT 'IfU>w�81'
E= PAtirE�ro$.%fi9r -= StA�A2ei. r --
2DB :445 MA'v.: 'raC wr "-'••' Blo'E Lift n"-!i: :.
Al
nnp u$. . . . ryry'C�ABppd1S[4 .. : +� Pump �—
�V•RNJn..TV iZ'ISl' ,'}'i JYOYL„[11', L1V y_ "SI J1147 StA '�_ l: \1•
Zl'J-199511!!CR::;T1�:AC'•"'--�r;�,� '----�f't�1Yt e'-1
Model: ";00 6:; Lic: A864066
Pump H
SA: MWEZTC04eS69 State: PA Lic Exp: 05/31197 Sth 4'1eal: F
�i :446 :0ERF4A'l":w. Tractor. .,. " �• rn .
4s.4r: BLrE;'. Li Pt ate: k
Model: 9500 6X4_ '." ` Lic: ABU 067. "'
--'~'.�""21b7T1^ER"T"YSe,;,,;L S.:Y[. ^� L:L E,;, 06'317'1'--5ti-�"'�;•F
PIR9: It
212 1996 IIJTEOMATIIX:AL Tractor Color! SLUE Lift Axle: N
L:Y:AMC
5!M
34::b:AERITC048871 State: PAS
Lic Cxp: DS/2,1,7/ ' 5th Whoa:, f.
2i3—'—�49d-:::TE^n:mT:vJAL^"� •wo.Lr. X11�y1� �.y . .
LYUr WIVr�'y.,VL - ry n IC: .
°s6al: 4400 6Xe Lic: AC64069 Pump: H
SIT"r,.. T . Z �- -,
.,. 2F6'F'IL."El13re.
wBB L J.a.[.YPA L!c ENp: 05:3:I S7 5tr: :Y:ca!: F
2:4 1996 1NTEMATiCNAL Tractor Color: BLUE Lift Axle: N
di5: 4;00 6�; .
1:_ . a .
L.L. H.
—" SRi.^IgI1 AERi:x4^�6�- nye �A—__�•iz �p 05;31197— 5."4heeft F
C 5 496 FRE:JM OMER 'ra;wr C cr. CLUE Ll Ft aae: :J
---FW'6t1"F:D120d;ST— yic:'A963774-
w?J: 2Fr"BELS'"707613 "
Stab: PA Lic Exp: 0$,'8:!4" Stt iel: F
^:1d�-194�FRElSiLINER—� Tra `ar- CO1cr: BLJE- {-:ftAxle:•N—�_
Madi!: FLC120d4S1 "-' ABL4"DO
Ru .: H
SnJ: 7FU1C B3TA707d19 State: PA Lic Exp: 05/V;l;% 5th Neel: F
1446 TRE:04:L:MER 'r;,";r "-'-•- BLUE LIP' '
Node!: FLD12OW , Axle, N
'19,96
+�2 4"OSE&'A^.0'd Y Lit: �6 731 Pump: H
E•� JY'. n•Aii,. r41 '
1906 FREIGHTLUJER Tractor MI Calor: BLUE Lift Axle; N
::4 [.• IYILVY.J. . / LI L. .gY�i,U P�{Yill L
SITi 2ru roSEB6TA70762I I
_ S4k'.• ySlate: is Exp:505/31/97• •r: 1
PA r ' L 5th Whea : F !
MRY 22 '97 08:31 8148577675 PAGE.06
05/22/97 08:17 FAX 8148577675 IZO07
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Equipment information (Menu-TBS)
T.0 199b FREIGHTLTI7EJt - - Tractor - - Calor: SLUE - - - ------•------
ewe:: FLS 2v"6;a •' , L'•c: AB52C39 ..
Lift AVIa: N
P.'+'. H .
'Cm.•�iT3;'�B9TA7c752<--'—'Mate:-ra—�—t,'f'E,rp:-DSrn4/'—stTrtiTaet. : .
22; 1,996 FRETSHTLI:SR Tractor Calor: ELIE Litt Az:e: ;1
--l�ade'T:rFIDTZOb•1�— ,.,A.TcT'A64b3 :, --
�1�1��• ry, {� �y Tf--
VI'1:: 4'VI.KI,W T I':7D76W • St'i• IR .. 1 • E. • A!/��1•/M el 16._,• ••
Ylc :p. YJ.• 1,1! JYr. nl,!!.. F
.q rac or �c� TIE
19S�iETGFRL.
Mcvi.: FLnv:Y"Y64ST L:c: A862267 Paop: H
SIN: 2F1J11t~.`B7TA707624 State: PA Lic Exp: 05/31/97 5th Wheel: F
1445 iff:ACL:,`.ff2 . . 'r:ctrr. Carr: 9 LIP, Ax::: M ^ �.
Model: f,-120645T`' " -i 4; :: Lic: AS03267•
_ : w;R,; " p��; p
.L a.. ;
V".YJ I�B41 n�•':"V.OLY JYYYe• n Y:• pe YJIi�.'1,w .14� eeI.••
7.24 1996 FRE1ChTL1:6:R Tractor Color: BLUE Litt Axle: N
11 uCl• W12DS�J- .`�jI��VJI L1•. . ti���•)=�
SlR: 9UYpCYE0TA707626: . ' State: PA Lic Exp: 05I31/47:.': . 5th Wheel; F
- t • .
LOW!
Model: FLD14064ST Lic: A003260 Pump: H
51":: Sb"(w�1B2TA7C762' Sta a: PA Lic Up 0513::47 5th Ra;: F
1996 FAEICHT1.110 Tractor Color: BLUELift'Axle: N
'�:1':`ZF9YpS"B;TA7C7628-'rSta¢:-Fp--=—=-=rc aE F. OSl3IY9�"•5tttt•RMpaT-•' .
1445 FRE:SF YTMER Tractor Color: �LL'E Lift Aft IN
PuT'eM F1D^11064 tc. X032 pubp
S/I,': 2F'vlw �rA7D762S. . GYu-. y L: n5. ./1.�
. .. 11.� i.. Jy.. C. 1"' \ Ei:-• :3:.r9" 11I. 11 ,• .. '. ,
8--�WrTnDrTETI,ER�—iFa�tor G lar:'ELllE �ift-AxR'-N
M1-IVC:: 11W12V647 ,
LIY•• 1=15235 F•�. H
Sld:: 2FT11SMOTA707630 State: PA Lic Exp: 0541197 5th WNW F
23C ;776 FREISH L1:iR Tractor . CV cr: TL11E Li It A::a:
NOW' FLD12C64ST
Lic: AB652'6
Nap: H
----�Wrr-:FLry�.,,S,•A7C763�'_'__S`Y'-''-'�A_"�—�.L_E.�•.-e1.3• �_. .
�K•• IY •p- YJ, 1I / eft I1j,:t Y
231 1996 FRETCHTLNER Tractor Color: SLUE Lift Axle: N
FLD:2CL;�1 ` .12Y —
YiC -n. Tyn�•j:
S/H: 2FUYDSYB6TA7y2b32 state: PA Lic Exp: 05/31/97 5th Wheel. F
Modal: 9400 mA 6.X4 Lic: ABA6915
s A: 21LrV7+^S^n:TC05 " ' St e: PA Lic Exp: C5/3i:97 StF 5 ee:: F
2M 1946 1NTET:AATTINIAL _ Tractor Color: DLIIE:, .Lift Azle: N
`odo 44CY SBA6 4 LIz, E6S91S' PyM1: .:
—S/R:h;J1S"cMr IT OY`77C� St3: Pa ^ 'ttr L y-05,31 97-5th Use _
.•,.. 1496 ..Y.G,.,.. n.ul Tr:� k
Yi I't
9
S�': Y"J`77`r7.''• .4' •�5`.e.e: PA i `,` : E:x: c5,'3:;S7: � 5th
MAY 22 197 08:31
8148577675 PfIGE.O7
05✓22/97 08:17 FAX 8148577675 X1008
• 45/21/1997 01 WEPHART TRUMING CO. Page : 7
Cyui'YfieRt irirarwtim filen TB:j
"ada1: 9140 MA 6X4 ` " Lie: ABaa916 Llft
'ucp: H
gra 1996 R:TMNATIC:A1 Tractor Color: BLUE
Lift Axis: N
L.\. ; PA PA
5/4: 2V$F}lAopTC057708 . ' State:
II Lit Exp: 45/31/97 Sth Wheal: F
Model./F'LD12D64ST Lie: A875039
JPuap: H
P. LIVIVJLP.:IAa47:34 StowC: PA LiV Exp: VS,J:l 97 5th n�iti: r
2m 1997 FTEfGitTL1HEN Tractor Calor: BLUE„ : .
FLD124'A 7 Lift Axle:.N'
MYtI. uN. ' or;39V l •' :
. : Pu:y: H ,..`%`.
•c Exp 1 5nY"� 5th lihee+
��" 1447 Fly:p•f LIIIZR Tr „r C:Icr: VL.14E
Lift Axle: M
M0d¢t=-'FL'D124S4ST" 439'
s,�: 2r'TD�sz:'rs47a^ 1 - ' t=•
;,a :. : ,i' 1 . . SLta e. w •:f•s. Lie E;p: 46/3L/97 5th ImUil: F.
<^:2—:997-FCE1CITracts Cc:or BLUE
"adel: rL 0147' tiff-AFIe�N
Lica A8741342
SRC 7UTDSEDRVA407441 *tate: FA
JJI Lie Exp: 453 /.91
Pth Wheal.,
F
' 1p)7 FRp IIEp IrKWColor: pwVEModel,FU,2064" uP nx1t. NCie: 84401'
pap: H
J,.• Lfv: yLyy !M. VYOYV C. In �r1�1VICi JIII. , u �� •.. - I
Y• V• .9;441•
2;3 1997 FRET-MINER
Tractor Calor: BLUE Lift We: N
E/N: �2wFUYDa�WI'AfC7!33 S;aL,e R Lfc Exp: 05/31/47 5th Wheel; F ;
iw i.aj 7•II\L1V.T�L�N�6l Wr-��.'wi ...ti.1r � . ..
Model: FID1206LOTYLYL LI
_ Lfc: A074394
5R1: 2rD4DBEB 'AaV7r, V •yot_• A Pump: H
� P^ Lie Ezp. 451.3:'47 5th L`.ael: F
2:5 1997 FTO:IGMTLlMQ' Tractor SLUE Model: narwrq.r Color Lift Axle: 4
Wtl. IWLLVr.yl Vi\: nD71i V2 .
S" 2Fl11"J36 :m:473S� ^Lot "' P„r: H
Jw t. In Lit Exp:`OS/131/F: 5th-L'heel:•fF---�_
2 d :"47 FIF13RL?iXR Tr
DUUE
Lit: 467437 Pceq: H--
S";: 2^."IPNCtA.:4W'4':44 L'- 0�/r�., J4 ,
iL Gp: J/JL,9 h xee1: F
to
7— —:49T ITSIG4^tll.ER--. Lic: AD7;:43 Tract
How: �iLVV'IJ,.l., , 'Colon BLUE—Lift.Axle:N
w:
5✓N: 2FU EE5UAa07;;7 ¢-w: H
St;te: "A Lie Exp: 051x1197 5th Wheel: F
':SMPI UX'
Tr.,-r Cc:or:-6'LIIE "Ft ,oi:
_ Model: Lie: A682D37
Pulp: H
-+-e.c. n LicE�puteJP31.14'-5t`a�Et�`P—' .. •
1997 IN1CtMlATlOh'AL Tractor Calor: SUE
Lift Gwle: N
7H }IAD`0•V=24798. tate"
ABS Pte.
" .; ...: .. .. to Lfc Exp St Wheel: F''
: 05/31/97
MAY 22 '97 0832 8148577675 PAGE.OB
05/22/97 08:17 FAX 8148577875 Fm009
• 05/21;14"" 01 kEPK411 1=111'.4 Y"^. Page, : 0
Equipment Information (Menu-TBI)
------ -
- -
- - --251' 1497;IMTETJAT1pLTractor color LitAxle: -
5tar-e. n p:•'OSoT"174T'---'-'S,Irr. H
ttr31'Nlef:
2Jl Oft111.TIN1I,1 �1 1� ry
- Inl nnl\M\nl Tr OGYVr Y/I Vr• LLVC VI IY n�•le: 111
...... Ic. AE82D4u Puffy.. .
SR1': 2F6:1L:'!AMICO2S80C Stat!: PA:, . . . LJ- E;. 5• 1". .
- --19ST Th'fl':PATTP: ratorLfft-OFre:
•11N<I: LIL• n.lYCv^'•.. pump1. N
SIN: aSFHAM%. IJCO2S001 State: PA Lic Exp: 05,x31/97 5th Wheel: F
2`,A: 1497 1"nUt-mT: AL;: : �Tr-actor - -Li A.1_. hl '.~I.
17ade1;' ?1 Li G: A682062' ,, i, z fop. H
.ave.
uG xp. vv, ,a,- Yv l wle-e•. `•
255 1947 INTr;T10NAL Tractor Color: 1^'..UE Lift Axle: N
SIN: 21GFNAISNVCO29003 'State: Pq`: r 5/31/77y;. h L'heel: F
Lic Exp: 0 .>`.
S3--!VY7 ^E^:M"' :nL ..-s .sr st
Model: Lic: 9EB1039 Puip: N
S,':t: 21GTlIA„QL:�•"^2400; et ta: PA Lic Er: 05/31/47 5th :54a1: F
Y 1997. JNTERNATII::AL ' Tractor; : • Color: l3UlE LiftAxle; N
Model; ,
1• '�""7w CO24805L"--- - e. ic- x-P 05131'797-'—StIf1AG.-!r. . ..
K^Y 144," n IATIDI.l r..".. • BLUE Litt „le:
ft....
rt YlM,': AHBZ"^"• . pad, n
J:i; UVN^I^.M•w2wvb' K : 1 n• 6-•
uw.t. PA ;t
'Lc Up'
4111.14, 5th l?IeaJ::F.
285---14977E^C"nIAT10MA rector -Cdlor'ELUE-- tift'MrJe:
H
VVC:• Li G: ABY82Y48 - ,V'ap:
SRS: iY[Y1I.MR1UCO24807 State: Pa Lic Exp: 05/SQ/97 51h Wheel: F
28: 1447 :�^,E^JA'IM AL Tr-�-r Color: CLII '.�.: LiFt A :a: N•
Nodel: Lic: AB81040 Pomp: H
$r^J:�1�F'11"..•1:7 =1r 24$rl��-�it'e't":_Pn SIG Epp: "r,a1.•S7—".:f-L'hclT:'
m"CO2; 1980 CST MFG Walking Floor Color: Lift pill: N Length; 45
Sto
SRI: IE141':28SJ9090S8 e: P.A Lic Exp: 09!30197 Chate' .y Capac:
LTt'gr1<:
Mendel: Lic: :D98035 Tarp: N F. F 1V
S,'N: 1E1P �0211"J009024tat-'
S t. PA Lic Exp: 4:30/47 Chate: :, r.___
r^`.
w
=Fw 1 1483 CAST MFG Walking Floor Color: Lift Axle: ,y Length:. y, 45
'Up• " TrasY.P�.. ..
��T:"-EPnIL°°7PC 9 ., L 11 iY7Y- Gla a —Ce ^L.
^''CM :9888 EAS^ l58 ::""nii Fluor Cater: LJ rt Ar:a- :.' Leroyl. 1 45
e .,, y
c. ^ Jar . _Fra
t
y! .
S.K: pA �`»' . '..': E:r: 09/30/47::; a,. ns - a¢s'!
t;
MPY 22 197 08:32 8148577675 PRGE.09
05/22/97 08:17 FAX 8148577675 12010
• 05/21/1997 01 kMiAM1T TAUCkING CO. Page : 9
Eyrip.,rt Inforcaticn (14nu- 01(
--------
II.Y .I3.W 4/9r .n.LMM.\NV14�T•!' ••: • lr9ctor••• •• ------------
_ /'•\_
f..
�-�w�r ic: A 40884 per. N
11526�y 1997 EAST ISG Walking Floor Calor: Lift Axle: N Length:
£/N: 1E1U1Y283VIS21371. '. Sta e: 06/
`. Lic Exp:. 15/97 Chute: N
.:.'" •LwT—�w,vl'�— u • n.n. n Le'.
Model:
r ry �� �y Lic: TIyA�171 ry ryTarp; Y Frame' F
1U."..LSY.I\AU= St.";.. NE Uc Ery! VSI.IS/l1 MIVVC: :l ypYpl:
11526 r ..1997 EAST IIFG.:Tt` Lx'. Balking Floor. i : Calor: _
�.. :�. .. Lift Axle: N Lenylh:+';i'. . 1' 12',1,
Color:
•nc.1 T__ t1 .
'2851 < A Y Y . ..p: Y :"
Rp.`OkI1i�199'—d1:ILY:
N529 1977 EAS! } 'WI.-frig L:1• \T. :: LTnyYn.
�� w : 2 . . ;.q•�'. .":,E,`'7 ,wt \C Exp: rb .vr . ;Chu'te: n' Cs-aC:;_ .
..iL°3+�—T99T'C,�TYJ�'�—t:a l:i ng•PIDDi'�—�C'Dt':'---�tjf6'�rte."M-tligtir�-•-'^-�
11/Vel: L1•• MI7
sm; IE1=235=2372 State; ME Lic Exp: osn5/49 QuU: N Capac F
1 1"47 EAS 59, , kng Fart Crlrr: I:FC nwle: k Lir '
LI yYh:
Lit: T30S6C' ' Tarp: Y
Frame, F
-�S�ni . a . ` 5 e.s. , E .�bvalun �. . ..
1532 1994 SUMMIT Balking Floor Color: Lift Axle: N Length:
SIN: 1m..Y1.M.4526110008297, State: r•
i s Lic Exp: lismi:97. Mate: N' Capac: .
:�1JJ tY1J L . r:IJ Vl.eli�.•. Wer
Lic;
Uym u.
Model: Lic: US$158 me
. 0 /•x Tarp: Y Frame: F
$p. lE:v.Y2wR71i/i1pY317 ...ate: :E Lit Exp. 61 a.:97 ^:UU: :.l ^ •
. ,.spat.
=11 1995 EAST MFG Balking Floor . . Color: Lift Axle: N Le�.3th:
�..,.."
pCl. .... L'c: t'S5136 T-
•
"'—S/N:�ETU1R263�ik1E . Chug .!'-N ;pac.`F
5 1999 E wl MFG :alklry Floor CO!or: I: w_l.. 1 ,__"
L'i'CTT1954
em. �n•p2GdP✓rY�^ ,..TRrp..'Y— Frage:-l:-^-�'^—;
L:t E
.0$0 1992"DLT'O,..E. lking-Hoar --Color. --•�-ift Axit.-N'-Leng !---45 .
Mrdt:: I :_. Yn'131105
I\ n .I L,L• ••, •ar-r; Y Fr.r;: F
SIP: 10TI„0.1291T0,065< state: PA Lic Exp: C9/30i97 Cty.e: N C:pac:
x1v :992 Dm�Y \y, :,;!king F:rrr Li Ft Aale: :: Lery.h:
1:rde1: Lic: YC70016 Tarp: Y
Frame. F
.5"i7:
rpL.
*0 •1� DMY walking Floor Color: Lift Axle: N Length; 45
SIN: 10.11!!.'25:7P0306501
. . .`:G:'z .- �• " .;:` . . • . . . r• . •-F. . .5•
e`•+ State..Al., . 'Lic °xp: 09/30/97 "Chat
F
MAY 22 197 08:33 8148577675 PAGE.10
05/22/97 08:17 FAE 8148577675 JO11
• 05/21:;99" 0: -'EPIL'IRT mE -_Jm M. SO
Paga :
Egaipogent Inforn.ation (Menu-TBI)
-------------------------------------- r----___-•----- - -
k1110 '992 D015EY Walking Floor .'. Color,
- .
;;; r: Lift Axle: N Length; 45
IIVVL,.. • . .•, \ Llc, I1V f6'a, ,^�. •1pLT,/ ..' T. • : .
5711:Di:.^>{20wwjv . '. . ICr; Y' rr,�E; F
J.a e. — LTc'txp 09,e30797—�t-.^N'—wru'c.
/""2 INM SE l
a.Lv :.L-Ikirlg F;:.or ^ ,. .
. ,. . . . „I.Jr. Lift Ax}E: : Lirytt: 45
.. :•:..
TV;'
-,a:
.:$tate: PA i.f Lie v L"hwc': �' .^-__^•'
E:p; 04l;9"iS7
_May------1992 ng aar 010'r!
SIM: 1 Tar-• Y NIR: F
SlN; }DTL':84'24NP030435 State: PA Lie E 09/30/97 Chvti: N ae
Ca :
P
1992 :am , ' : ••C,4. .-
�• f FJor ,; wvr: • a. uAe N '' 1
,'R-, • • NVVEl. tY ij R4' ..R4�• V I .'' � ) Rf .L♦ :C; Leryah,
Li ,C9T011 % Tarp: Y ; . . Frame: F=ft'
'_S^`_"'T"ftr"r,�a:`7: ,.ave " _;•.
• Lie •n'r, v .. n
L'epae.
N115_� 19914 �Y Walking Flow Color: Lift Axle: N Length: 45
SIN SDTli9: &MD30657
). ' i State: AA ; Llcgyp• 9911;0147, Chute: N . . Gpac;
n.,v. . .. mvrol:irlj .:,ar ..v,cT 7:� �'. . .1•,•
"adal;
Lie: :DS7597Tarp: Y Frame: F
5 J..,3,L,`^T03v 2 Stora: PA L:'c Eap: 14410147 v i.�i: N e---•
1170 1992 DORSEY r.. ,. .. Walking Floor., Color:
tLift Axle',A Length: 1
,•wc,. •. .. . Li c: r.69.468 . l i T_ 4S '. •ys;
—"v EnDTgiBTliNpO?0L Y` Frisi: F x:
a: ie Expo 047;O a e — Capae —
cove . r,cI. g FILui w Li: L}rt n,':e: 1 Liryth: 45
S ;0�:8=28:P131661: S`».i: °A : : Lie Exp: 19�SJ4 C`I—e: :: "-- [
+. .. ., .. ' � • . _ .. w+.VL..'
n Floor
r'wCE:: Li-, "'•9 � Ca oTr.•„'�CjfF-AT':
., 44094 Tar'. Y rraa: F
S/N: SCTWi}4}2:d 020661 State: PA Lie Exp; 09/3/97 Chace: N Capacd
2v� S942 DOFSEY Balkh- Floor "_1_ , f ^ .La r. �5•_. . . '
Model: . • y LJIJr. : Li .•
rrwau yi n�}fm� L+c. kD47732. , Q T , .Tarp: Y .
Fra e: F
Il• 1V,N4„�ll rY•IYVJ•• J'NGC. I" Li\ C., -YI/•!."r'lI Fr;a_l
r• Ch C, I. J.p,L♦
KS_10 199: DISt.Y :l::king Floor Color: Lift Axle: N Lerlgth: 45
aJil: Lie.''•,'E1 Tarp: Y---FrESE�F
811; ]OTW18:;u8020663 State: PA Lie Ex 30,'97. . ,
. , , . i x : p' 09/ lute: N Gpac:
^'a22v_�992�IM, .,s, :rlg .,,.,r •.-.".,`.l;;t_ ^_— —L;TL I '"c:�n ic'ry_R:—�
Madil; Lie: =5911 carp: Y rraxe: F
State: PA Li
c Exp: 19/3C/47
,1220. 1492 ODf4LY
Walking Floor Calor: Lift Axle: N Length: 45"1,
M: '
'—" "'LT:"SDTGIliT17NP0.",OE3'--Sta£e'rPir Tarp: Y Fr:mi: F
—rc'Exp�09730i'77—"L11ute—;�—(;op;•r�—�'.
41 1942 =MY 1e:.:ny F:aor Ca:cr:
: . i Lift
' r- 4.
Fram r
SEx- 1 '�1/
ti
MAY 22 197 08:33 8148577675 PAGE.11
05/22/97 08:17 FAX 8148577875 12 012
• 05121/1997 01 10:WT Tr='ING CO. Page : li
EGuipriet :nr;,r::Y>t:cr
-' ."42 ____ ;5 s'.. I--,-- -.
- - _ -_---:?-L.:.:__ri --;; ,:L?
Y. a;�' 9, .•y F:oor - i..' i' a .:p. m .'
" Nadel:,. s i• :Leryh'.:'
Lic: XC67889'. 'Tarp:
w..uY•• vA'P"3v aYaYe. ., L:l YR'• Y FrauE:•F
cp. Y. . .v , wYYI•
914,611 1992 DORSEY Walking Floor Color; Lift Axle: N Length: IS
•NYC:• L•l, w 'Lit Ex
CT, —
SM:':OTk11Y :1PC3066�. nate: PII arp�Y--FrYc — �- �v
1 p: 09130/97,e" Chute, N
�FCapac:
..7:'„115: L .y •Y ..v.vr---' L.r��1 X Lc
Model: �:�--
Lit, XD68405 ^x`
Tarp: Y . Frame: F
. ••>.,>6d4 Bt:Ya: PA • Lit Up: OS1:;r197
`1994 EAST MFG,.' ♦' gqj 'p;Ik,ing Floor ' : t . Coia :., .�X'!' �Lift Acle: N 't AS tr.
uaua,.' `' }i• lt ib• ^" L XAd:wS -s's'. S . �: . bt�.
i. i`'' •.:e .rte.
Exp:-071!:6:99`--'„h
1,.340 1994 E*T NFGu_n.e ^'I.
ny F:oor L.._. Y
SAN:
E;,-y: 4.9/3v/97.'.• wLi..e: is" ' •z'a.'�.•;
-r350`— 99�EAPT IS ki;:g Flaar— --{b`ar^---L;ftflxl'e-N^Eerth --4S :''
` Lit: X091933
Tarp: Y Fra.a: F
8/N: tE1U:X296RRC16606 Slate: PA Lit Exp: 09/30/97 Chute: N Capac:
0360 :774 EAST `
' :„pry F:N;r 1cr:
4' . ,e� , � l :v'1 Li vrt::e: n .Lerili;'
Mode^.�...., ; .. .:' •c Lic: XA61636 9• �, :r: .:+' ' Tarp: Y
A ^ Frana: F
Ys M.
RI370 1994 EAST NFG Walking Floor Color:
Lift Axle: N Length: 45 ;•
S1N: lE1lI1X2UYIM6608• I,' State; PA ;;' Lit Exp: 09/30/97 Chute: N Capac:
L:3S�'_':°^:c.' ':: J •b r F!L Tom---Cc.
Model: Lic: XA51;11r Tarp: Y Frame: F
L.V6V9 JYCY[_ ' " 1 VI
91390 1994 E(d;T ;•FG Walking Floor Color:. • .
Lift Axle: N Length: 45 ;;i: '
yoda:: . t' :.. :..
.....J: • Tarp,: • F 1
^EI^"230�FLf6bZ0Statc:, L Y Frcre.
o1N. Yaw xp:-OR130/47•--;shute- --Capat:
91400 :R9; CST M1'S : ::irg Fkar ^-•-
YY.Yr. Lift .;,:e; :.' Lary.h: 4$
�'--�"-dem—'—�•'Yc:XAdT63 --Tarp;Y—Fraae�F
Lic E,p: 0?'3019^
,^.4:0-"1944 E0.51 7 blkirgfFaor-- —Co Lift�ixit M-L•ength�45
WEN Li c: ,�,V..rz ..
L•a, .•.. Tarr: Y rram;: r '
SZ. 1E1U1X201RRC16b12 Sta`Ye: PA Lit Exp: 09130.'97 Chute: N Capac:
X;420 1"4Er:5 "F^u q:;;ry Flea Li N Axle; L:egth:
Model
Lit: D59b14 Tarp: c Frame: F
��Y:bb7--'�5:;�: ,. •F.l;. 9^,'30:9 - --�
�30 1994 EAST `IFG Walking Floor Color: Lift Axie: N Length, ;S
..,i•., e,.. . . ., ..:1.
Y"•"SR!• 1EIU1 295RRLYE k!,' Zte."" T
}.'� _il:'ic Exp_ )s•.•
�S
4."
e.
3"• ac•
.. Sta FA`.
y9l30/97" e�.p ,
MPY 22 197 08:34 8148577675 PAGE.12
05/22/97 08:17 FAX $148577675 1@013
• 05!2.'1997 D1 XEPH6R: '4 m's Paye : 12
Equipment Information (NenU-MI)
T4 O y 1919 EAST YF61° 'tlt .- f _ Walk!,-,g FIooP r Col WV' i .b; a y.K'.'. , •S .�u
}•�a t V sx. ( f' Axle. }p� Yen h. "
�•i .> i,.'}Cye i, ' . . 2Yn&` i 1)•�k@' 'YZ4'+ 'lam • i l t
.•Y^fe{ � A. 't " (yL`ar: Y ...a� Frme:.•s i'!: : '�'�8 •
y •" �a e. xp. `,oDifli"—'_-LTiOyE:lr===--�aC:
w Ire
n•, ' 44 EA$• YF$
rnJ \V Fl „';: :..w • e \: ..
, a \_. n
Ungtm
• , I i
Ick >'� T• raaQ"F—T'•+'--
`, • '{k . ;SZ'M`^Eiv,nLSdid +♦) e CStn.e: PA . w.s • rypgr yyt<.
"At
bla1Qiet++ tw•.q §�
1'.:i ,.x, ti :tie �;i1 e: a•.c: A{,s 5
_\. 9 .00r oor. x e.'
$44' IEw1X280RRM6617 L9c: XAd153;• 'irp! Y Frae: F.
^ { Sete: PA Lic Exp: 09 , Chu•a: N pac:.
rsD/97 �
X...::• 1. �t „k i -:'rti) .:�.• t AR` ::'x•Yr , ek.}.. . I} )r..�, `¢ .�
,7.Y({:�,,q �, Ep5T.:'.F'�',. t` •>� •.. ::o:kir F:JO1'' e..' r \'! 5 t` k��i.• RMf':.� ,�5 GR i
t$ Zi,`` Made'3: #3 .) ►;
Li
.C'XO68��3'.
wn. , •u•. v : , • K_e. n u, • . •_.R'^'.4�• a:4• ` •F i a' �.�'4
,FVK WiIW
X1 80 17'14 EAST YFG
_ _ Walking Floor Color: Lift Axle: N h: 4
�} Length: 5
.,;q r SYN: ]EIG1X2E=nRRCib61 � &� • t:gy4ft;':. �;:t2:: -:t..,4ir " . vY. ,a , fefii. .t.. . . : • '
itt". 'Li[ Ex D9/3D/ a:.d•. x a. h r
ai> i'� n xeex : R :; S.y: Dom : Chsrte:`N' • Capai:' :n'
ia}'` tli i� 3•t^J�• t,�. it:. .,•1.9.s �' •.L b
Zr t• . i^.. .: ::# .i•"*' } ,.�•1:i�" 'i•1�.;
a� u a Y + r I J •a d:ry' IJJT w\Jr. '�'' ��•"�`�,•'�
Yodel: • XA61632 VI ,cryo}.
S : EtV,nLuwy .. .. Sla : �l L;• E' MI-1m,~r Tarp: Y Frame: F
1 "''y^""Iq'1SS2O State: PR --•
u9
SOD' �: Y.ai,'Gi .. '• 4 R' . . �4'.:• i} ,'. ' '4?C4 .•; .;: : ar .
n " R "Mo
Lift Axle•
{• a:stl:"kEAST MZG� •„, •y5 . . . , •I.,�k'in9
oar, Y'
,. tF7 � . _ .. . Cp�a`�` :'
'• ' .t4 t♦ $kn : 4L*rC. rinyaYig�{ .. r`�a,r t.. v_.
" y2R i+r. • ,.'!rs r,
n1J D 1991 EAS' IS 11-\L: 1.. y 1_
•.aany riw QIVr: I,p Me: 11 1. 1 IC
.• r e e N..: • •• .. _ . u n•.e. n Leiyul:l Yy
y., r.` ,,.+. . ..�,1•'.:,• ;{3x.:�'•. Ry"iS56272n '��f'Caa}waIC^:SL•^ 2: RR�.�,�,jS�.P.4ft•'I•cY•yu..}i.'•tL:�^yY!.',n ',, .3< *' irpu.w.
Bd• tic Exp •. ;, rpaWE. ;{I ta.� 5t,
cl.E'i•
-D �"• :. ., .ice oort o , 5'• ''# •' :,p4ir
i. :. x e. e
Yodel: Lia X"61437
MUMURRC16623 n 'erY: Y FraGe: F -
`fw' $tae: PR Lic Exp: 09/3O/97
Chute; N Capac
.
y
f�'' ... S4
u..Ly'F.\,rr:� �R: �.^,e]:r: � R �:.:. �
Lic;'XGT397s q,,-
Tarp FrapgeC F 'v.rd r '• �'
n: .wnav,O a Ya ueue• I n sic xUpsw y
ue. \aes.
81770 1995 EAST WG Walking Floor
4g� c t'3Color,
, 4.t4 Col L9Qt ft Anile., Length.
;t 45;.
E1
SAM;1M1 ;9242 aate: YA':1tat
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MAY 22 '97 08:35 8148577675 PAGE.13
05/22/97 08:17 FAX 8148577675 014
• 05/211997 01 KEPHART TRUCKING CO, -Palle : 13
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MAY 22 '97 08:36 8148577675 PAGE.14
05/22/97 08:17 FAX 8148577675 fQJ015
• v5.121rri997 Vi I 1rc.lINIIINw w 1i
I ,AT
Equipment Information (henu-TBI)
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MAY 22 197 08:38 8148577675 PAGE.15
s
5.0.J
i PERMITS / DISPOSAL AGREEMENTS
•
MiAY-21-1997 10:33 FP.JM BFI CONESTMP TO 15150537413 P.009/023
oaiA rMMr OF fivi'oi M'—W-At gitaeracs:s
M)FE tJ OF WAAM MANAMMINT
Permit
a For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
p9mit ue. 10I5C9
Date lasued June 24 . -
0are Expired June 2 4 . 2
Under t;e provisions cf the Pennsylvania Solid U'laste Management Act of Juiy 7, 1980,
Act 97, a permit for a solid waste disposal and/or processing at 'municipaiityl
`lew Morgan lorc;ucn in the County of i3 ks
is granted to (apoiicant)1e! Morgan Landfill Company, Inc.
address) 30C 3ortn Pottstowr, Pike. Suite S
This permit is amicable to the facility named as
arcantown Landiti '.
and cescribed as:
- �•
New Morgan Landfill Company, Inc.
Morgantown Landfill ��/�
Latitude - 400 , 1011
7, his permit is subject to`Tiodificatien,7;j', 54
land supplement by the Deparment
of Environmentai Resources and is further subject to revocation or suspension by the
Department of Environmentai Resources for any vioiatfon of the applicable laws or the
rules and regulations adopted thereunder, for failure to comply in whole or in part with
the conditions of this permit and the provisions set forth in the application no. I n5oo
which is made a part hereof, or for causing any ccnditian inimical to the public health,
safety or wetfare.'
See attachment for waste limitations and/or
special conditions \4 ;
FOR THI DROARTMENTOP i
ENVIRONMENTAL RESOURCES
�4uaa� �
THIS PERMIT IS NON—TRANSFERAKI
pow i or 12
01AY-21-1997 10:03 FROM 8F1 CONESTOGA TO 15166831413 P.010i023
.__ w•....v..,e�,y l A Yr rtMWTRYAMA
OVARTAIMT of VyIV�N�IOy OMWAL Iselpt RM
UMEAU 00 Pernnit
For
• Solid Waste Disposal and/or Processing Fooft•
FORM NO. 8
Permit Mo. 101509
Date laaued June ite
Date EXIDired Jstne 74 7 n n
This awnicipal wasta permit is issued Oasea upon apliication No. 101509
wnich was receivea in the Morristown Regional Office of the Oepartment of
Environmental Resources an Movember 24, 1987. -his permit is for the
construction and operation of the Mew Morgan lanafiil Company, Inc.
Morgantown landfill located in New Morgan Borough, 3erks County.
i
This 'Waste iManagemert Permit Application was revised in accordance with the '
new Municipal :lasts Management Rules and Regulations on September 23, 1988
and amended on January 17, 1989, August 3, 1991, January 22, 1.092 and on May
28, 1992.
This approvea application consists of the -ollowing documents.
Form A received September 23, 1988, revises August 8, 1991
Farm 8 receivea September 23, 1988, revised August S., 1991
• Form C received September 23, 1988, revisal August 8., 1991
Form 0 received September 23, 1988, revised Aucust 8, 1991, and
January 22, 1992
Form E received September 23, 1988, revised Auoust 3, :991
Form 1 received September 23, 1988, revised August a, 1991 and on
January 22, 1992
Form 2 received September Z3, 1988, revised August 8, 1991
Form 3 received September 23, 1988, revised August 8., 1991
Form 6 received September 23, 1988, revised August 8., 1991
Farm 7 received September 23, 1988 and revised August 8, 1991
Form 8 received September 23, 1988 and revised August 8, 1991
Farm 11 received September 23, 1988 and revised August 8, 1991
Farm 12 received September 23, 1988, revised August 8, 1991,
January 22, 1992, April 27, 1992, and on May 28, 1992
Form 13 recei4ed September 23, 1988 and revised August 8, 1991
Form 14 received September 23, 1988, revised January 27, 1989,
August 8, 1991. January Z2, 1992 and on May 28, 1992
Farm 15 received September 23, 1988, revised August 8, 1991 and on
January 22, 1992
i
THIS PW1W Is XM-TRAl1t>!IUA5l.i
ti9e 2_of 1Z.
MAY-21-1997 10:03 SROM BF1 COFF: OGA TO 15166931413 P.011/023
aEr ursnmrr as e+vniowa«rni eeaourraa,
auMMU or+WACM eoer
Aertnit
..- For
• Solid Waste Disposal and/or Pr=swing Facility
FORM NO. 8
Permit Na. 101509
Dasa Issued 4 u n e 24 . !992
Data Exc fired 'ju n a 24 , 2002
ForT, 16 received Saptamoer 23, :988, revised August 3, 1991 and on
January ZZ, 1992
Form 11 received Seot a dc r Z3, revised vit January 27, 1489,
August 8, 1991 and oa :anuary Z2, '4992
Form 18 received Septamber Z3, 1988 and revised August 8, 1991
Form 19 received Septemoer Z3, 1988 and rev-.sad Aumist 8, 1991
Form 23 received Strca,nbar 23, 1988, revised an January Z7, 1989 and
an August 3, 1991
Form Z4 recciveu �apta'fLc' r 23, 1988, revised en January 27, 1989,
August 8, 1991 and on January 22, 1992
Form 25 received September Z3, :988, revised on January 27, 1989,
August 2, 1991 and on January 22, 1992
Form 26 received September 23, ?988 and revised August 8, 1991
=arm 27 received September 22, :988, revised August 8;, :941 and on
January Z2, 1992
Form 28 received September 23, 1988, revised August 8, 1991 and on
January 22, 1992
Form 38A leacnata dataction HOPE pipe instead of PVC pine recaived
August 8, 1991 and revised on January 22, 1992
Form 388 laachats collection HOPE pipe instead of PVC pipe received
August 8, 1991 ant revised on January Z2, 1992 i
Form 38C leachate detection zone aggregate material received August 81
1991 and revised on January 22, 1992
Form 380 protactive cover graval material above the primary liner
received August p, 1991 and revised on January 22, 1.992
Form 38E geonet material on the side slopes received August 8, 1.991 and J
revised on January 22, 1992
Form 38F geonet in the cao drainage layer received- August 8, 1991 and
revised an January 22, 1992
Farm 45 received August 3, 1991 and revised on January 22, 1342
Form 46 received .►gust 3, 1991 and revised on January 22, 1992
Insurance dccumentation received on August 8, 1391 and revised on i
January 22, 1992
Drawing No. 63 of 1 rrvised on May 28, 1992
I
I
THIS M Wrr IS MM -TRAAISFVWU
pee 3 of 12
MAY-21-1997 10:04 FROM BFI CONESTOGA TO 15166831413 P.012i023
OePA ff"IMT OP WVRIOIYMIWAL MSOU1=13
aueBAU OP WA=UANAQW r
Permit
For
Solid Waste Disposal andlor Processing Facility.
FORM NO. 8
Permit No 101509
Den Issued "n e
Das expired 'ju n e ?up ZUUW
A set of plans and soecifications consisting of the `gliowing plan sneet
numbers: 1-86, D-: , 3-'. , 3-?, 3-5, 's-5, 3-7 , 3-10, 3-12, 3-16, 3-17, 3-18,
3-29 and 1-1 receives August 3, 1991 and'revisea an January 22, 1.992
Drawing No. 1 of 1 received June 1, 1992
A report an subsidence monitoring received April 7, 1992
Mine subsidence survey maps from 1969 :0 1986 received. April 7, 1992
Waste analysis pian allowing for the acceptance of the• following categories
of municipal waste requiring special handling and residual waste received
August 3, 1991, revised January 22, 1992 and an May 28, 1992
1. Infectious/chemotnerapeutic incinerator ash from
infectious/chemotnerapeutic incinerators
2. Autoclaved or processed infectious waste from
3. 'Municipal waste incinerator ash
4. Municipal sewage sludge!grit and screenings
S. Grinding sludge
5. Asbestos Containing waste
7. Virgin fuel contaminated soils
8. 'Refractory waste
9. Flyash/bottom ash
10. Plastic waste I
11. Foundry sand
12. Generic plant refuse
13. Empty raw material containers
14. Baghouse dust
his approved application includes a response :o the Department 's December j
2, 1988 review lettar received on January 27, 1989, a response to the
Depajrtment's August 3, 1990 and March 21, 1991 review letters received on
August 8, 1991, a resoonsa to the Department 's December 5, 1991 review
letter received January Z2, 1992 and additional information received May 28,
1992.
I
i
� I
I
Tt= PEMW T 1$4NON— 1TR ZNSFMBLE
MAY-21-1997 101:04 Fr,Orl _2F 11 CfXZ37OGA To 151666 14.. D, 717'0r�
DEAAIMAINT OF I MVB>Mt WNWAL WOBmCn:i
BUREAU OF YYAETe MAM GEMeff
Permit
For
Solid Waste Disposal and/or Processing FFaciliity,
FORM NO. 8
Pvrntit No.
Date Isaed "une c- ,
Date ?xcired June 727-7-722=::
The contents of all :he above lista: doc:.m. rzts ars her? oy inccr:oratad ir,
the ,^ermit as canditi;ns 'with which the •oer..,ira ML'St comply.
iL. Nothing in chis permi—. sha71 be :Znstrued tc suoe-sate, Anend, 7r -iuthorize
violation of, the gravis'ons Of any valid and 3opli :able local law,
ordinance, or regulation, provided that said local law, Ordinance, or
regulation is not ore-emptea ny the Pennsylvania S011d 'nasze Pianag?c;ent Ac;,
the Act of July 7, 1.980, Act 97, ;5 P.S. 5010.101, et sac. , and riC4 101 cf
July ?8, 1988 :ne Municipal Waste Plann4. .1g, Recycling and ,iasta 2ecuction
Act.
As a condition of this pe snit, and of :he permit:ae's �uthuriL,, -O conduct
the activities autnorized :y this Permit, the ?ermi.:ee :nareby aurnor,.zes
and consents to V %-w autnori.sd emeioyees or agents of the epar--e:nt ,
without advanced notice or a search warrant, ucon presentation of
appropriate credentials, and without delay, to nave access to and to inspect
_ ! all areas on which solid waste ,management activ'.ties .re neing or will be
conduced. The authorization and consent shall inciude -consent to :oiler:
samples of waste, Svl , was:awz?3r, ieacrate avatar Or gases, to :3 a
photographs, to perform aneasurer4ntS, Su-Heys 3:1: r_�er :eST.s, :.0 i'15ireCt
any monitoring equipment, to inspect the Methods of operation, and to
inspect and/or ropy documents, books or papers required by the Department to
j be maintained. This permit condition is referenced in accordance with
Seddon 608 and 610 (7) of the Solid Waste Management Act, 35 P.S. Sections
6018.608 and 6018,610 (7) , This -condition in no 'Hay 14,mits any other powers
granted under the Solid Waste Management Act. i
4. Form 37, certification of facility construction activity, is to he surmitted
to the Regional Solid Waste Manager in the Decartment 's Regional Office
after each pad' of the landfill has leen constructed in accordance with the
approved design pians including the sub-base preparation, preparation of the
i witness zone, installation of the primary line^, installation of the
leachate collection !toes and the preparation of the protection layer for
I the primary liner prior to the start of landfilling activities for each pad
of the landfill site.
i
THIS PMWr ISBION-PIRAgLE
MAY-21-1999 10!04 =ROM BFI CONESTOGA TO iSIGG831413 P.014;023
UP POMOTLYAMA
oesARTNMNT aR aVvelo%RjWAL AMUpcns
BUY&Au OF WAST[INANAGB ORT
Permit
For
• Scild Waste Disposal and/or Processing Facility
FORM N0. 8
Permit No. 101509
Date 133ued J u n e
Date expireo J u n e 24 . 2002
A full-time third ca^ty quality assurance inspector must actively inspect
all construction. : , the inspec:or leaves the prem % 'on, C
must cease. The insuecLur msc be _noruugniy familiar witn ail aspects of
the design, and must also nave a set of jermit documents listed in
Condition 1 with mini at the permitted site, ine inspector must keep a
tnorough log of ail aspects of construction, especially any deviations or
problems that occur. The inspector should have a pager, and use of a
construction trailer dquipoed with a tsieohone capable of -scoreing
messages. Any deviation from this condition can only be done with written
permission Trow ;..Ie :evdrtment.
E . Ouring the lining :rocscura, a calicratsd lab quality tensiometer must be 4t
the site and available for usa.
i . iso lys:ering Of any rateriais may oc:ur without appr,aval from the
- Department.
-1. The Department must have an adequate otportun':y to lnspect and anorove all
construction, esoeciaily the subbase, :ne compacted clay, :ne geomembrane,
etc.
g. The ,method of measuring the depth of protective cover must be approved by
the Depamment.
10. The Depar:agent rsserves the right td require (geomembrane) destructive
samples beyond wnat the engineer has specified in the permitted documents.
j
:1. if there is more than one set of standards in the permitted documents for
any materials ,(synthetics and;or natural ) used in the construction of the
landfill , the most stringent set of criteria must be used for evaluating the
materials unless ot-envise approved oy the Depamment.
•
THIS MMTT IS NON—TRARIPPOW iE
peeg 6 of 12
MAY-21-'1997 10:05 FROM BF1 C7NESTOGA TO ISIGG731413 p.015i023
�n—.gym«eA:.MV. 1n" COMMOWMALTM CP PDMYLVANIA
DEAAMMOT OP MIVIRWWMTAL RSSOURM
SURE" OP WANK NANAQLVALVr
Penn it
For
• Solid Waste Disposal and/or Processing Facility
FORM N0.9
Remeit No. 101509
Otte issued •�"
Dere Exeired .,Qne C4 , c
'2. Any final ooara:ion, oesian or other Plan seveloced ij ose4uent to perm :
issuance onion azn= .its changes in ine S:ructures, iocat'.ons ,
specifications , con:-ol measures or otner changes of su os:ance shall be
submitted to the Deaartment for su_saquent permit action. Any deviation
from pians :herein aporoved shall not be `Mplenent3d before first obtaining a
permit modification cr appraval from the Ospartment.
i3 . Approval of any niar.s or- fac'. ' ities herein refers :a functional cesian , but
doers not guarantee ability or operational efficiency. Failure of the
measures and fact ' - :4-s :ierein approved to perform as ^tensed, or as
des'i ;ned, or i- ;== i 'ance .vith the apoi 'cabie pules Ina 2egulations of the
Oepar:.vent, for any mason, shall to grounas for :ne revacation or
suspension of :nis permit. =aiiure of the Rernit:ee to comply toiith the
terms Of the permit or conditions, or failure of the Permi :t_e to construct
• or operate one pr000sed facilities in conformity with the approved plans
shall be grounds for the revocation or suspension of Chis permit.
i
14. Prior to the beginning of construction of .he subbase for the liner, New
Horgan Landf' ii Con;panv Inc. , their consultants, engineers, QA/QC personnel
and any other persons who will be ;nvoivea in any aspects of the QA/AC
activities at the site mus: attend a pre-construction meeting with t:,
Department.
1S. The witness zone be-;ween the primary and secondary liner rwst be mnitored
on a -meekly basis to determine the rate of flow, if any. These results must
be submitted to the Regional Solid 'Waste Manager in tine Department 's
Southcentral Regional Office.
16. A daily operations' ^ecora is to be maintained in accordanea with Section �
273.311 of the Municipal 'Waste Management Rules and Regulations.
17. A quarterly open ons report is to be submitted on air before the 20th day
of April , July, October and January for the three month period ending the
last day of Marc, June, Septenber dna Oecember in accordance with SeCtion
273'.312 of the aiunic-. pal waste regulat*:ons. �
;
•
THIS Pawn' 18 NON—TRANSPIRAiLE
pgo 7 of 12
MAY-21-1997 10:05 FRCP1 BFI COWSTOGA TO 15166831413 P.016i023
OOMMONWULTM OP PVMXYLVAAIIA
OePAMTMENT OP OWN10rRA WAL 10I7WPM
5uF&Au OF WAm MANAGvmwr
Permit
For
• Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit No. 101509
Ute issued June 2a , i- 2
Date :;wino J u n e c
18. An Annual Operations Report is to !x sLj.bmit-ed to the Deoart:nent , the 3er'<s
County Planning Commission, Caernarvon :"ownsnip arc sew Morgan dorouah on or
before June 30 of each year and in accordance with :-ie format indicated fir,
Chapter 273.312 of the Municipal waste MaMagenlent Rules and Regulations.
This report is to cover the reporting oeriod of the previous calendar year
and is to include an annual topographic survey including the elevation and
total volume of the area which has been `filled. The annual report su unfitted
to the Department is to .be accompanied ay the annual perdu administration
fee.
19. The sump areas Cf ill lanViil Cells ,Trust be :este^_ i.o the Sat4S41act1On of
the Oepartment to ceterrline the integr'ty of t:1e sump areas prior to
certification or start of lasts disposal operations .
• 20. Monitoring well and monitoring point Nos.: GI-iW-iU, GMW-2U, GMW-3U, GrMW-30,
GMW-50, GMW-50, GMW-7D, 14W-80, Gi4W-9D, GMW-1000 GMW-ILO, GMW-120, GMW-130,
GMW-140, GMW-150, GMW-10-0, GMW-17D, GMW-180, SMW-1, SMW-2, SMW-3 and SMW-s
are to be tested on a quarterly basis and an an annual basis starting one
year after this permit ',as been ?ssued for all parameters indicated in form
No. 19. The results of these tests are to be submitted to the Regional
Solid Waste .Manager in the Department 's Southcentral Regional Office.
2I. This facility is permitted to accept waste for disposal on six days during
each week. The permitted days and 'hours of operation are Monday through
Saturday, 5:00 a.m. - 8:00 P-m- , or such other hours as the host
municipality may set by ordinance, pursuant to Section 304(b) (2) of the
Municipal Taste planning, Recycling and Waste Reduction Act, 53 PS, Section
4000.304( b)(2)- For purposes of the calculation of average or maximum daily
volumes, each partial operating day shall be counted as one day.
i
i
i
•
THIS MMrr 15 NON-T 1A IISPOAABLE
MAY-21-199" 10:05 FROM GFI CONEG70nA TO 1E16ba 1113 P.OI^A!23
— -•..w�wu w.n. 4.,w IUMMONWeALTH OM PM YLVAMA
COARTMOff OF Q!4Y111oNwjWTAj. MOUMM
IUFAAU OP WAWM&VAAOIMENT
Permit
for
• Solid Waste aispo=i and/or Pmeassing l=adrty
FORM No. 8
Permit Pka. 101509
Date Issued 7U n e 13ft
One Cx0ired June ,
?2.
No mora than :0,000 tons of ..,unicipal and residuai waste may be reca' ved at
this FaCti
MRY-21-1997 10:06 FROM BFI CONESTOGA TO 15166831413 P.016/023
• -••w.n yr rc�ip.�...nr
auMaAU Of WAM MANAgVMW
Permit
For
• Solid Waste Ofsposel and/or Processing Facalty
FORM N0. 8
Permit No. 10I5O9
Data Isaued
Data ExpimC
24. This permit is, nerecy, conditioned t0 pronibit the facility 's receipt and
disposal of .municipal waste from any awnicipaii.y chose aepartment approved
municipal waste management plan designates anotner facility for such
disposal of its municipal +astes. However, this ^ondi;ion shall not apply
in those instances where the pian designated 'ac' tity is unable to accept
waste in a manner that is consistent with the rules anc regulations of the
Department. Nothing in this paragraph shall be construed to restrict
aczaotanca of source-separated materials at :his °acili.y for the purpose of
recycling those materials.
25. in the event that the City of Philadelphia amends its Solid ',ias.e Management
Plan to incluce 'iorgartown Landfill as a facility designatea -0 receive
waste generated withi- the City, this , :'.lay Accept JP t0 an average
daily volume or s ,ZgO .cns per day Of Municipal dasze 4rom Philadelphia in
• addition to the tcl umes permitted in Condition 23 above-
_5. Any existing contracts for acceptance of municipal wasta originating in
Pennsylvania counties .rhich do not designate the New .Morgan Landfill
Company, Inc. as the i1sposal site may not be exterdeh cr be renegotiated
beyond t."._ir currenr and dates.
i27. Any new source of municipal waste requiring special handling, or residual
waste which is similar chemically, physically and/or biologically to generic
waste stream categories in the approved application ,nay be approved in
xriting by the Cepar.-amt under this permit.
129. All approved sources of residual waste and mlunicipal waste requiring special
handling are to be analyzed on an annual basis for parameters included in
the approved Module No. 1, Form 35, Form 36 or Foran 43 submission. The
analysis reports are to be sent to tae Regional Solid Waste Manager in the
Southcentral Regional Office.
29. This facility may not accept for disposal , or for processing other than
composting, truckloads composed primarily of leaf waste.
THIS PENM 16 NON—TRAPMXNNaMr 0
rIPY-21-1997 10:06 FROM BFI CN EST00A TO 15166831413 P.019/023
• D[PARTWA lT OF MYWANVANTAL 009MACU
aueeaw OF WA&M AMNAGBMT
Permit
For
• Solid Waste Disposal and/or Processing Faca ty.
FORM NO. 8
Permis No. t
Date IssuedUne ZQ ,
Data Excired June 416 , _Z0(U12
I
I
30. This facility may not operate to receive waste unless the operator has
esU blishea at leas. one drop-off center for the c_-lluc_ion and sale of at
least three recyclaDie materials chosen from the following:
Clear glass, colored ;lass, aluminum, steel , ana ci-metaTlic cans, high
grade office paver, newsprint, corrugated paper ana plastics. The drop-off
center must be located at the facility or at a location that is easily
accessible to substantial numbers of persons generating nunicipai waste that
is processed or oisgosed of at the facility. The drop-off center shall be
operated in compliance with Section 1502( b) of the Municipal Taste Planning,
Recyclinn and Waste leduction Act, 53 PS, Section 1000.:502( b) .
s1. No lead acid batteries shall be placec into mixes waste at this facility,
discarded, or other-mise disposed of at this facility.
0'; 32. The treatment plant is to be operable for treating leachate within 3 years
after waste is first deposited in the landfill.
34. Bench mark elevations for cerci mark numbers 4, i, 5 and 7 must oe
established prior to earth cisturoance.
I
i
134. All easements or right-of-way agreements regarding placement of the leachate j
outfall line must be in place prior to the start of landfill construction
activity. j
i
35. The Department 's air quality progras must approve the gas flare/venting !
system prior to the construction of these units.
36. The mine subsidence survey must be updated on a semi-annual basis. All data !
j from the survey monuments is to be submitted to .he Regional Solid Waste
it Manager in the Department 's Southcentrni Regional Office.
I
j37. Within fourteen days of the issuance date of this permit, the permittee !
shall submit a complete package of all information listed under Permit
Condition I to the Regional Solid Waste Manager in the Department 's
Southcentral Regional Office. ;
i � I
j
THIS P=Wrr as 1WN—TRANSFERABLEl
MAY-21-1997 10:06 , ROM BFI CONESTGGR TO .9c0/E23
OVARMONT OP evvwaN wWAL iiasouRosa
8USN" of WAff!YANAGU09Mr
Fennit
For
• Solid Waste Disposal and/or Processing Faculty.
FORM NO. S
Pwmh No. 101509
Dass Issusd "u e 44 , _
Oars Expired Ju n e ,
38. A- twenty-foot long entrance-way must be used to enter the landfill
footprint from the time the subbase is certified to the time the protective
cover is being applied to the primar"j liner. The entrance-way will be made
of pallets covered with geonet or some other equivalent .material . -he
purpose of the entrance-way is to minimize tne amount of stones , mud, etc.
carried into the site inadvertently on coots ano snoas. Any deviation from
this condition can only occur with permission from the Department.
39. Within 30 days after permit issuance a citizen 's advisory committee composed
of area residents, perks County officials, Caernarvon Township officials,
New Morgan Borough officials, and community organization officials be formed
to meet on a reguiar oasis to aiscuss issues wnicn nay arisa during
construction and operation of the landfill . `
I
• 40. The area of the site previously known as Area 2 and now identified as a
Sorrow Area shall not be allowed as an expansion area for landfilling.
Area 2 is extremely close to the collapse features and associated
deformation, fracturing and subsidence owing to mining. Area 2 cannot be
monitored adequately for groundwater contamination.
i
41. The collateral bond dated February 6, 1992 oetween law Morgan Landfill
Company, inc. and the Oepartment in the amount of 523,2751870.00 is hereby
approved as part of this Permit. $5,819,000 has initially beenexecuted by
the Department. Year end payments of 1,745,487.00 are due within 45 days of
the anniversay date of the permit each year starting in 1993 and continuing
through Z002. Payments are to be su omitted to the IDER Southcentral
Regional Office. this bond must be updated within 90 days after receipt of
written notice. from the Department in accordance with Chapter 271 of the j
Municipal waste Management Rules and Regulations.
(WMPI)/.11
i
i
i
i
f
THIS PERMIT IS MON—TRAMSFUl"L!
i'eoe 12 ot 112
MAY-21-1997 10:07 FP,OM BFI CONcbTuuA TO 151E6a31$13 p.021/023
COMMONWEALTH OF PENNSYLVANIA
PENMSYLV MiA DEPARTMENT OF ENVIRONMENTAL RESOURCES
SOUTHCENTRAL REGION - FIELD OPERATIONS
Waste Management Program
One Ararat Boulevard
Harrisburg, Pennsylvania 17110
(717) 657-4588
MAY 2 Y t9°3 '
Mr. David K. Conrad, lice President
New Morgan Landfill Company, Inc.
300 North Pottstown Pike. Suite S
Exton, PA 19341
Re: Minor Permit Modification
Change of Name
Morgantown Landfill
Permit No. 101509
New Morgan Borough, Berks County
Dear Mr. Conrad: `
• I am pleased to enclose a Permit Modification changing the facility name of
Morgantown Landfill to "Conestoga Landfill". It is issued in accordance with
the Pennsylvania Solid Waste Management Act, Act 97.
Compliance with the limitations and stipulations thai: have been set forth on
.your permit is mandatory. You have the right to appeal any limitation or stipu-
lation as stated an your permit.
Any person aggrieved by this action may appeal , pursuant to Section 4 of the
Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative
Agency Law, 2 Pa. C.S. Chapter SA, to the Environmental Hearing Board, Second
Floor, Market Street State Office Building, 400 Market Street, P.O. Box 8457,
Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board
through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed
with the Environmental Hearing Board within 30 days of receipt of written notice
of this action unless the appropriate statute provides a different time period.
Copies of the appeal form and the Board' s rules of practice and procedure may be
obtained from the Board. The appeal form and the Board's rules of practice and
procedure are also available in braille or on audiotape from the Secretary to
the Board at (717) 787-3483. This paragraph does not, in and of itself, create
any right of appeal beyond that permitted by applicable statutes and decisional
law.
0
An Eouai OboartuniWANirmative Aat3en Emoiavar ftw .
MA:'-21-1997 10:07 FROM BFI CONESTOGA TO 15166831413 P.022i023
Mr. David K. Conrad, Vice President
• May 19, 1993
Page Z
If you have any questions concerning the enclosed permit and/or the require-
ments set forth by the Pennsylvania Solid Waste Management Act, please call me
at the above number.
�.5i- ¢Pe y'
Francis P. Fair
Program Manager
FPF:vlb
Enclosure
•
•
MAY-21-1997 10:07 rROM BF[ CONESTOGA TO 15166931413 P.0231023
COMMONWEALTH OF PENNSYLVANIA
• DEPARTMENT OF ENVIRONMENTAL RESOURCES
WASTE MANAGEMENT PROGRAM
SOUTHCENTRAL REGION
FORM NO. 13-A
MODIFICATION TO SOLID WAS'T'E DISPOSAL AND/OR PROCESSING PERMIT
Under the provisions of Act 97, the Solid Waste Management Act of July 7, 1980,
Solid' Waste Permit Number 101509 issued an June 6, 1992 to:
New Moll Co an Inatts i eite own uc.
rr
S
Exton, PA 19341
is hereby modified as follows:
This permit modification is issued changing the facility name of Morgantown
Landfill to "Conestoga Landfill ". It is issued based on a minor permit modifi-
cation submitted under 817I Waste Systems cover letter dated April 12, 1993 and
received by this office April 15, 1993.
Condition:
•
I. Nothing herein shalt be construed to superceds, amend or authorize
violation of the provisions of any valid and applicable local law,
ordinance. or regulation, provided that said local law, ordinance
or regulation is not preempted by the Pennsylvania Solid waste
Management Act, the Act of July 7, 1980, Act 97, 35 P.S. 6018.101,
et sem.
This modification shall be attached to the existing Solid Waste Pedescribed
above and shall become a part thereof effective on MpY 21,16
,
" ,L�-r
• R RC
Page 1 of 1
BRAS KU41:itev.9180
COMMONWEALTH OF PENNSYLVANIA
DEPARTmmmr OF vrvzoNmERrAL PROTEMON
BUREAU OF WASTE MANAGENOff
• Permit
For
Solid Waste Disposal and/or Processing Facility
FORM NO. S
Permit No. 400593
Date Issued April 16, 1997
Date Expired 090/98
nder the provisions of the Pennsylvania Solid Waste Management Act of July 7, 1980, Act 97,a
permit for a solid waste disposal and/or proceuing facility at City of cheater in the County
of I)Lh88'M is granted to Amorift+n Ref-Fi.1 CompmW of Delaware Com,
10 Highland Avenue,Chester,PA 19013
This permit is applicable to the facility named as Delaware valley Resource Recover:Facility,
mid described as: Resource Recovery Facility
Latitude-340.AT.3c .
Longitude-Zr.23'.2r
This permit is subject to modification,amendment and supplement by the Department of Environmental
Protection and is further subject to revocation or suspension by the Aepartment of Environmental
Protection for any violation of the applicable larva or the rules and regulations adapted thereunder,
for failure to comply in whole or in part with the conditions of this permit and the provisions set
forth in the application no.40050,1 which is made a par hereof,or for causing any condition
inimical to the public health,safety or welfare. I .
See Attachment for waste limitations and/or special
conditions
FOR THE DEPARTMENT OF
ENVUtONMENTAL PROTECTION
THLR PERMIT IS NODI-TPANSFEVABUI
Page 1 of 111
Boot Z409L860T9 rVd 0:rT Q3fi WTZ/20
250"M-WMe1009A Rev. 1/86
COMMONWEALTHOPP1'OMMVAP"
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OP WASTE MANAGEMENT
Permit
For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit 190. 400593
Date Issued Aril 16, 1997
Date Eapires 09!23/98
1. This Waste Management permit is re-issued to American Ref-Fuel Company of Delaware County L.P.
based upon application No.400593 which was received in the Southeast,Regional Office of the Department
Of Environmental.Protection on December 17, 1996. This permit is for the reissuance of a Waste
Management permit to American Ref-Fuel Company of Delaware County L.P. from Waste Energy
Resources Inc.for the continuing operation of the renounce recovery facility located in the City of Chester,
Delaware County.
This application includes Forms A.B,131,HW-C,1,46, public notice,notice to municipalities,and notice
to contiguous landowners' received on December 17, 1996 and additional information received on January
21,, 1997. This application also includes the bondin;documentation received on March 5, 1997 and the
liability insurance documentation received on Match 7, 1997.
This application 490 incorporates by reference applications and supplemental information submitted and
approved in support of the permit issued on September 23, 1988 and the permit modifications issued on
Mauch 3, 198%February 7, 1992,June 8, 1993 and November 16. 1995.
The contents of all the above listed documents are hereby incorporated in the permit as conditions with
which the permittee must comply.
2. Nothing in this permit shall be construed to supersede, amend, or authorize violation of, the
Provisions of any valid and applicable local law,ordinance,or regulation,provided that said local
la*.ordinance,or regulation is not pre-empted by the Pennsylvania Solid Waste Management Act,
the Act of July 7. 1980.Act 97, 35 P.S. 6018.101,gj aq,
3. Asia condition M this permit,and of the perrnittee's authority to conduct the activities authorized by this
permit,the pannittee hereby authorizes and consents to allow authorized employees or agents of the
Department,without advanced notice or a search warrant,upon presentation of appropriate credentials,and
without delay, to have access to and to inspect all area on which solid waste managenrem activities ars
being or will be conducted. The authorization and consent shall include consent to collect samples of
waste, water or gases,to take photographs.to perform measurements,surveys and other trip,to inspect
anyt monitoring equipment,to inspect the methods of operation, and to inspect and/or copy documents,
boolnt or papers required by the Department to be maintained. This permit condition is referenced in
accordance with Section 608 and 6L0(7)of aro Solid Waste Management Act,35 P.S.Sections 6018.608
and 601&610(&). This condition in no way limits any other powers granted under the Solid Wage
Maomement AcL
TffiS PERMIT I3 NON-'IRANMW ABLE
Page 2 of is
0102 'i3!]d321eK38V ZD09L8t0T9 TFd Lt:tT 03.0 L6ITZ/90
zstae-PM-Wh6H4A tier.vas
COMMONWEALTH OF PENranVANIA
DEPARTMERr OF>'Nt=NMt??fl'AL pROTEMop(
BUREAU OP wASTg MANAGEMENT
• Permit
For
Solid Waste Disposal and/or Processing FaciiiV
FORM NO. 8
Permit NO. 400593
Date Issued April 16, 1997
Date Expires o9/23/98
4. oily operational records must be kept in a format outlined in Section,83161 of the Municipal waste
Management Rules and Regulations.
5. An annual operations report is to be submitted on or before June 30 of each year to the Department's
Southeast Regional Office in accordence with the format presented in Section 283.262 of the Municipal
Waste Management Rules and Regulations.
6. The Permittee shall comply with the following requirements:
A. Operate a ferrous metal recovery system to recover ferrous metal from incinerator ash residue in
accordance with Section 283.281 of the Municipal Waste Regulations. The ferrous metal recovery
system may operate 7 days a week 24 hours/day. The operation shall be conducted in.a three sided
structure attached to the incinerator ash storage area and utilize permanent ferrous metal recovery
equipment.
B. Operate the fly ash conveying system by routing it from the spray dryer/baghouse directly to the.
existing incinerator Residue Building instead of first going to the Boiler Building.
C. Utilize the approach route to the facility by bringing truck traffic into the site on Harwick
Strad from 2nd Street instead of utilizing Tbudow Street from 2nd Street. Thurlow Stmt between
2nd street and the facility is to be used by track traffic only when the Hardwick Strata entrance is
blocked due to circumstances beyond permiusse's ability to control. The Department,the City of
Chester.and any local nelghborhood association which requests notice should be notified by
telephone as soon ze pemrittee has reason to believe that Herwidc Sliest is or will be blocked. In
no event shall the pemdttee allow buck traffic on T uldow Strad for a period of more than the
period during which Harwick Street is blocked without written permission from the Department
and written notice to the City of Cheater,and the local neighborhood association If Berwick Street
is blocked.truck Traffic may utilize other alternative routes if such alternate routes are designated
by local or state agencies. Permittee shall ensure that Harwick Street is fully maintained
throughout the duration of this permit.
7. This facility may not incinerate more than the thermal equivalent of 2.688 tams per day of municipal waste
having a higher heating value of 5,200 BTUAb.
THIS PERMIT IS NON-TRANSFERABLE
Page 3 of it
TTOM 7H1133lIL?IffiiY ZTOiBLetOT9 T63 WVT tab csiTz%so
260e+FlM•7WMsa09A Rev.11"
COMMONWEALTH Of FMOBYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WASTE MANAGEMENT
. Permit
For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit Mo. 400593
Data issued April16 1997
Date Expires 09!23/98
iiw permittee may accept no more than a maximum of 4350 tons of waste per day.prc Md77thefollowing conditions ate complied with:A- At no time shall the quantity ofwaste On the tipping floor of the facility exceed 10B. At the close of each day on which waste is accepted at the perminee's facility,the mus
certify, to a reasonable degree of certainty,in the daily log maintained by the facility,that the
quantity of municipal watae on the tipping floor did not exceed 10,752 tons at any time during the
Proceeding 24 hours. The permittee shall also maintain in the daily log a record of the approximate
quantity of waste on the tipping floor at the close of each day, whether or not waste is received on
that day.
C. The permittee shall use reference maria to detemtitte the quantity of waste on its facility tipping
floor,provided that the permittee an demonstrate, to the satisfaction of the Department,that the
use of reference marks allows measurement of quantity to a reasonable degree of accuracy.
9. The permittee in cooperation with Delaware County shall ensure that household hazardous waste collection
programs take place annually at a minimum of three sepaate sites within Delaware County. The program
shall comply with the provisions of Section 1512 of Act 101, including prior approval by the Departmem
10. The facility tnay accept waste during the hours of 6:00 AM to g.600 PM.Monday through Saturday. Wu
mdy be incineated seven days/weeit,24 hesue day.
H. T1Ns approved waste accxptsnce pian allows American Ref-Fuel Company ofbalaware Casty I erstor
facility to accept the following categories of Municipal!Tike Residual Waste
ind"bratioa and Residual Waste for
T M PERMIT IS NON-'1RAPISF'ERAMZ
PAP 4 of 10
ZTOIn ZDO9LOt0T9 %V3 er:tT 03A1 LO/TZ/50
aaaaasK.wMIMA Rev. vas
COMMONWEAL ROPPPNMMV NIA
DBPARTMWr OF ENVIR0M=TAL PRM7M70N
BUREAU OP WAME MANAt
Permit
For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit No. 400593
Datelssued _April 16, 1997
Date Expires 09/23/98
7AxWs (diRwmw&ow
hemicals tpli t6)
hemicals (pH
F1 d'es Chemicals
al Salts
esidues (decolering fdtering)
Coating(soled, semi-solid paints,polishes, adhesives and IW
ds(diatommceous earth)
ediaes
Daterpats
CWrdng Agents 71
Off Specification Products. intermediates
Pharmaceutical waste
Loather Wastes
TrVeated Wood waste including particle board
TOxtile Waste(yarn, fabric,fiber and elastic)
Hsllogenated Plastics(PVC,teflon,CPEO
Electronic Component Waste(off Spec semi-conductors,circuit boards)
Agricultural Waste (fertilizer, feed supplemeata)
Ph*graphie waste (film and photographic paper)
! Comteinera (which have'an processed by a Department approved procedure)
ll Contaminated Waste(spent absorbent and oily rage)
Spent Catelysta
Spill Residue
Foram S Municipal like residual wastes)
GIAM Reinforced Plastics
Catena or Fabric Soap Waste
Cured Rain Waste
Foam Typo Waste
Food Waste
Pre*Air Lualm filtets
fisaket waste (urwaed)
Mw
THIS PERMIT IS NON.
Page 5 of is
CTOQ� Zf08LMT9 IVd 8V;rT (Ilk LB/TZ/90
2368-PM.V/M8888A Rev. 11s6
COMMONWEALTH Of PFNNMVANW
DEPARTMENT OF ENVIRONMENTAL PROTEC nON
BUREAU OP WASTE MANAGEMENT
. Permit
For
Solid Waste Disposal and/or Processing:Facility
FORM NO. 8
Permit No. 400593
Date issued April 16, 1997
Date Ejq>ires 09/23/98
Labels/Packing Wam
Neu fialagetutted Plastic Waste(polyethlene,polystyrene,polyurethane)
Nylon Material Waste
Pbckin&Shipping Material Waste
Paper, Cardboard Waste
Robber Elastomer Waste
Screen Waste
Shingle Scrap Waste
Thermal Irsulatim Waste
Personal Protective Equipment(unused or uncontaminated)
Untreated Wood.Sawdust and Shavings (must be from untreated wood)
13nmpty Containers
Linoleum Waste
12. All Residual Waste and Municipal Like Residual Waste accepted from new generators must be consiatent
with requirements stated in the Form R and Form S waste analysis classification plan.
13. The permittee shall not accept any Residual Waste or Municipal Like Risidual Waste when chemical
constituents are not included or are in excess of the msximurn acceptable concentrations as delineated in
the waste analysis and classification plan unless a permit amendment application is submitted and approved
by the Departinem.
14. The permittee shell not accept,receive,dump,discharge,process or dispose of hazardous waste as defined
in 25 P L Mode Chapter 261 or 40 CFR Part 261.
15. The permittee must submit a waste processing request and source reduction strategy from each individual
large quantity residual waste generator. Proof of submission to the Department would be dated certified
mail rerun receipt cards,signed,dated,acceptance receipts for hand delivered requests,or signed,dated
receipts frau overnight M&Wedwd express delivery. The waste accepterce requests indicated on From U
may be accepted for incineration by the pemrittee aha fifteen(15)Department working days. If at any
time after the fifteen (15) work day period it Is determined by the Department that the waste accepted for
incfneration is not consistent with the waste analysis classification plan or the design of dee facility,or
waste reduction strategy.the permittee shall be subjected to all and any applicable enforcement action of
the;Solid Waft Management Act or the Department's rules and regulations promulgated thereunder if
waft is accepted Absence of disapproval by the Department before Std after the waiting period does not
constitute an approval or final action of the Department
PHLS PERMIT L4 NON-TRANSFERABLE
Pap 6 of 10
DTO� I�73Htlex3mty ZN9L6tOTe TVd 6t rT as LS/TZ/SO
25aa-F'M-WM0008A Rev.1/86
COMMONWEALTH OF PMgMMPANG
DEPARTMENT OF ENVMN188LN+ rAL PROTFjMoN
BUREAU OF WASTE MANAGEbIENr
Permit
For
Solid Waste Disposal and/or Processing 'Facility
FORM NO. 8
Permit No. 400593
Datelaslted kpril 16, 1997
Date Exr�-es 09/23/98
16. All submissions covered by Condition No. 15 must be sent to the host municipality and host county at the
Sarre time they am submitted to the Department.
17„ The permittee shall submit quarterly by April 30,July 31,November 30,and January 31 to the
Department's Southeast Regional Office an amended appendix to the permit which lists all residual waste
from specific generators accepted for incineration at the facility. This amended appendix shall include
information by generators including the waste type,approved quantity,quantity accepted,genetxtor
identification number and the identification number for each Form U document for all waste,Including
residual waste from small quantity generators and snail quantity waste types form large quantity
generators. The appendix must include the anniversary saxptance data for each generator of residual
waste.
18. Form 26R the annual analysis report is to be kept on file for each residual waste generator at the facility.
This is due at the American Ref-Fuel Company Of Delaware County Resource Recovery Facility from the
generator one year after the Department receives the Form U submission.unless the waste was not
accepted. The waste cannot continue being accepted for incineration if the Resource Recovery Facility
does not have an annual submission of Form 26R on file from the generator Of residual waste.
19. No more than 10%by weight of the total amount of waste accepted per day at the facility can be residual
waste from the Form R residual waste list in Condition No. 11 of the penmit. This must be documented in
the quarterly appendk to the permit as per Condition No. 17.
20. Any new large quantity generator of municipal like residual waste that proposes to use the Resource
Recovery Facility Must submit Form S and Fort ZSR to the Resource Recovery Facility.
17MPF.RhfI7'is NON.TRAIVSFERAHI,E
Page 7 of 10
STO® I3]d32Ir?ImYY Z608L61,0T9 %V3 6b:rT an LOITZ/SO
25094M.WMe108A Rev.1/86
COMMONWEALTH OF PBNKMVAMA
D$PARTMFIf OF LNVLR MUMAL FRo9EMON
BUREAU OF WASTE MANAGEMMff
Permit
• For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit Ivo. 400593
Date Issued Ayre i 16. 1997
Date Expires 09/23/98
21. The Resource Recovery Facility must keep certification documents ;small quantity res7w-a"stegenerator on file indicating that their waste streams are not hazardous.
22. The annual report submitted by June 30 of each year must include documentation that theacertification required under Section 287.54 of the Residual Wasp Regulations for chemicalwaste for each waste stream from each individual generelor utilizing the,Resource RecoveryadUtyis on
file.
21 All Form U and Form S documents must be kept on file and each assigned a sequential identification
number which is to be recorded on all Form U documents m xnitted to The Department.
24. All mixed loads of Municipal Waste,Municipal Like Residual Waste ar,4 Residual Waste.accepted at the
Resource Recovery Facility are subject to the fees required by the Municipal Waste Planning,Recycling
and Waste Reduction Act of 1988.
25. No residual (Form U) waste is to be accepted form any facility bulking/mixing different categories of
residual (Form U)waste unless such facility is permitted by the Department or State Environmental
Protection Agency for this purpose.
26. Each Form U submitted for acceptance of residual waste for inciueratim,,must include an analysis of total
metals for the following parameters:
Arsenic
Carbnium
Chromium
Barium
Lead
Mercury
Selenium
saver
THIS PERMIT IS NON-TRANS)D2RABLE
page 8 of 18
9i0� 'l311d3t1x?133tb
9608LMT0 IV3 64:6T aalk LB/TS/SO
1500+FM-
WM000BA PAY.1/86
CobMONWEALTH OP FENMMVANIA
DEPARTMEW OF ENVELONMEaAL,FROTEMON
BUREAU OF WAS hLWACjUMWM1
• Permit
For
Solid Waste Disposal and/or processing Facility
FORM No. 8 .
Permit ilio. 400593
Datelssr.-I _April 16. 1997 _
Date Expires 09/23/98
The total metal concentrations for any individual Form U Residual Waste are to be no more than 30%of
the maximum concentrations indicated on Form 41 (incinerator ash analysis) (1993 and 1994 quarterly
reports). To modify this Condition a minor permit amendment application must be approved.
27. The heat value for each generator of Residual Waste and Municipal Li6:e Residual Waste must be at least
2400 Btu per pound.
28. Form 41 for incineration ash analysis is to be submitted on a quarterly basis by April 30,July 31,
October 31 and January 31 of each year. If the percentage of Form S (municipal like residual waste)
exceeds 10%of the total waste stream accepted on any particular day ash testing will have to be done in
"cordanca with start up testing procedures for the week of and the week fallowing the day(s) that the
Percentage of Form S wastes accepted exceeds 10%of the total waste stream accepted,
29, The permittee shall implement aground water monitoring program at the facility. Existing tttonitoring
wells MW-1 (upgmdient) and MW-2,MW-4 and MW-5(downgradienf) should be used as monitoring
points. Monitoring well MW-6 may be utilized as an alternate downgradiem monitoring point in the event
monitoring well MW-5 is determined to be unusable. The monitoring program shall consist of the
following:
A. Samples shall be collected from each of the four designated monitoring wells and the samples shall
be analyzed for the following organic parameters once during the first year of monitoring.
Acenaphthene
Fluorene
Phenanthene
PYMN
Beozo(a) anthracene
Benzo (a) pyran
Benzo(b) fluosanthene
Benzo(k)fhtoramhene
chryseee
Bis(2•ethyihexyq phthalate
Fiuoranthene
TIMIS PERMIT L4 N
Pass 9 of 10
LTO 'I3(1a3Xtany MIRLMT9 Net 09:VT QMI LB/TZ/90
2800-1PM-WM0808A Rev. 1/86
COMMONWEAL2110FFEN MVANIA
DEPAitTMENr OF BNVOtONMMrAL P2oTzc7lON
BUREAU OF WARM MANAGEMENT
Permit
• For
Solid Waste Disposal and/or Processing Facility
FORM NO. 8
Permit No. 400593
Date Issued _April 16, 1997
Date F.x!r'-m 09/23/98
Monitoring shall be conducted once during the first year of monitoring and all analytical results
shall be submitted to the attention of the Department's Southeast Regional Office Wsate
Management Program within 90 days of the date the last well is sampled for the sampling event.
B. Samples shalt be collected from each of the four designated monitoring wells and the samples shall
be analyzed for the following inorganic parameters on a quarterly basis until further notice:
Aluminum
Arsenic
Chromium
Iron
Lead
Manganese
memiry
Nickel
Selenitam
Silver
Monitoring shall be conducted on a calendar quarter basis and all UWAiical results shall be
submitted to the attention of the Department's Southeast Regional office Waste Management
Program within 90 days of the date the last well is sampled for each quarterly sampling event.
After the completion of a minimum of one year(four quarters)of meoitnring,the permittee may
submit a written request to the Department's Southeast Regional Office's Waste Management
Program to reduce the monitoring frequency,or eliminate the mordtodng program,basad upon the
Petudttea's analysis of the mankodttg results. In thee,an such a request is made,the monitoring
program shall conlinue as described above until or unless modified in writing by the Department.
30. A Copy of the Environmental Impairment Liability lunmmoe must be suhminad to the Department
after the transfer of ownership is completed.
31. The nutty bond dated February 12, 1997 between American Rat-Fuel Company of Delaware County,L.P.
and the Department in the amount of SIA55,600.00 is hereby approved as pact of this permit. Upon receipt
of written notice from the Departaunt,this bond will have to be updated within 90 days,in accordance
with Chapter 271 of the municipal waste regulations.
TEUS PERUrr 19 NON-TRADABLE
C3MA85 rase 10 of 10
9t0� 1311.43wr-uatV ZPOUOfOT9 1i3 02:tl aaM La/TZ/n
Now York State Department of Environmental Conservation _
Buadiny 40-SUNY, Stony Brook, Now York 11790-2368
Telephone (516) 44444
r • FaaknBt (516) 444-0373
lNOW
Ukhad D.Zapata
CaemdsWanw
March 4, 1996
Peter Pohlot
American Ref-Fuel
333 Earle Ovington Blvd. , Suite 302
Uniondale, NY .11553
}
RE: Permit #1-2820-01727/00011
Dear Mr. Pohlot:
Your recent request to renew the above permit has been
carefuuly reviewed pursuant to 6NYCRR, Part 621 . In conformance
with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6NYCRR, Part
621) we are enclosing your Renewed permit . Please read all
conditions carefully. If you are unable to comply with any
conditions, please contact us at the above address.
(• Very truly yours,
Ifjz-
Mark C Carrara
Senior Environmental Analyst
enclosure
cc: file
T. Cava
REN YORK STATE 99FARTMOT w ENVIRONMENTAL ®iHIVA:IM
DEC PERMIT INBeER - A& tt ,EFFECTIVE19%
1-2820-o1n /Dooit
X00 T,/PRbaAM NMRMBER(:) PERMIT ,MLIatT6, 1D997
Emission Points /00001 thru -*Qbdor tie 6Mrvasental
F b?-.-ConewrRtion W
1W rTYPEOF PERMIT 0 Now I Renewal 0 Modification 0 Permit to Construct • Permit to Operate
0 Article 15, Title S: Protection 0 6NYC= 608: Voter Owl Ity 0 Article 27, Tftle 7; 6MYCRR 360:
of Voters Certification Solid Mute MeneBasmrt
0 Article 15, Title 1Ss Voter 0 Article 17, Titles 7, 8: VMS 0 Article 27, Title 9; 6MYCRR 373:
Supply Natordma Mute Management
Article 19: Air Pollution
0 Article 115, Title 15s Voter Control 0 Article 34: Coastal Erosion
Transport Management
0 Article 23, Title 27: Mined Lard
0 Article 15, Title 1S: Lone Reclamation 0 Article 36: Floodplain
Ulard Wells i Managessnt
0 Article 24s Freshwater Wetlands
0 Article 15, Title 27: Vold, 0 Articles 1, 3, 17, 19, 27, 37;
Sconic grid Recreational Rivers 0 Article 25: Tidal WetlaMs 6MYCRR 380: Radiation Control
0 Other:
PERMIT ISSUED TO TELEPNOME NUMBER
516 683-5400
American Not-Fust of N lead
ADDRESS OF OWITTEE
600 Avenr at Stawart Avenue Vestbury, MY 11590
CONTACT PERSON MR PERMITTED WORK TELE►NOME MIRIBER
516 227-3950
Nr. Peten let
� - NAME AMD NESS OF PROJECT/FACILITY
ICted R ource Recow Facili Westbury
OCATION OF'PROJECT/FACILITY
OUNTY TOWN MATERCOURSE MYTH COORDINATES
oseau Hempstead M/A
MIMM CF A MMIC XTIVITY : Operate eight emission points consisting
of (3) furnaces, (3) process exhaust/ventilation systems for lime silos,
(1) ferrous shredder, and (1) solid waste storage area.
By scsaptenee of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified tags Does 2) end any Special Conditions included as part of
this permit.
PERMIT ADMINISTRATOR: ADDRESS
CG33my-w z Bldg. 40, BUNT, Room 219, Stony Brook, MY 11790-2356
A-AUTMIZED OINATURE DATE
fabntrry 78, 1996
Page 1 of 10
Inspect ions
1- The permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Deparvmnt of EnvironTental Conservation (the Department) to determine
W,ather the permittee is cmplying with this permit and the ECL. Such represen-
tative may order the v%ork suspended pursuant to E1 71-0301 and SAPA 401 (3) .
copy of this permit, including all referenced maps, drawings and special
conditions, mist be available for inspection by the Department at all tines at
the project site. Failure to produce a copy of the permit upon request by a
Departrrent representative is a violation of this permit.
Permit Changes and Rarieneis
2. The Department reserves the right to modify, suspend or revoke this permit Vhen•
a) the scope of the permitted activity is exceeded or a violation of any
condition of the permit or provisions of the E1 and pertinent regula-
tions is found;
b) the pernit '.ves obtained by misrepresentation or failure to disclose
relevant facts;
W aero material information is discovered; or
d) envirortrental conditions, relevant technology, or applicable lav or
regulation have materially changed sirice the permit vas issued.
3. The permittee must sutmit a separate written application to the Departrrant for
renew 1 , codification or transfer of this permit. Such application Must include
any fors, fees or supplermntal information the. Department requires. Any
renenel, m3dification or transfer granted by the Deparrrentfrust be in writing.
4. The permittee must sutmit a reneneI application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination Systen (SPCES) , Hazardous Vbste Nhnagffmt Facilities `J
(RAW) , major Air Pollution Control (APC) and Solid WAste NlenageTant
Facilities (S%F) ; and
b) 30 days before expiration of ail other permit types.
5. Lhless expressly provided for by the Deparvent, issuance of this permit does
not modify, supersede or rescind any order or determination perviously issued by
the Department or any of the tem-s, conditions or requiraTents contained in such
order or determination.
Other Legal CbIIgat Iam of Pend ttee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all derages, direct or indirect, of Wiatever
nature and by Wxrrever suffered, arising out of the project described in this
permit and has agreed to inde'mify and save harmless the State frrm suits,
actions, dareges and costs of every Hare and description resulting from this
project.
7. This permit does .not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted v%ork nor does it authorize the irrpa i mvnt of any rights, title, or
Interest in real or personal property held or vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands, l
easamts and rights-of-ney that may be required for this project. J
Pa 2 of 10
9S.204,f(711171-15C NEW YORK STATE DEPARTMENT Of ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
CFor Article 19 r Air pollution Control
1. No later than May 31f 1995, the permittee shall submit a
Compliance Plan acceptable to the Department that includes
measurable incremental steps of progress towards
installation of a Nitrogen Oxide (NOx) continuous emission
monitoring (CEM) system in order to evaluate and control
Municipal Waste Combustor NOx emissions. This Compliance
Plan shall be submitted to the Department"s Regional Air
Pollution Control Engineer (RAPCE) . The ;permittee shall
control NOx emissions through the utilization of effective
combustion control (i.e. , optimization of air/fuel ratio,
temperature and pressure measurements, steam flow, etc.) .
The NOx CEM system will be used to monitor the performance
of the combustion control for NOx.
2. A preliminary CEM system protocol shall be submitted to the
Department"s RAPCE at least 60 days prior to equipment
installation. A final CEM system protocol shall be
submitted to the RAPCE for approval at least 30 days prior
to equipment installation. The location of and
specifications for each instrument or device, as well as
procedures for calibration, operation, maintenance, data
evaluation and data reporting, must be acceptable to the
CDepartment.
3. Emission Limits:
A. Particulate emissions from each furnace stack shall be
limited to 0. 015 qr/dscf corrected to 123 CO2 .
B. Sulfur dioxide (S02) emissions from each flue shall not
exceed 30 percent by weight of the uncontrolled S02
emissions (70 percent reduction) , as determined by
continuous monitoring, or 50ppm dry volume corrected to
123 CO2, based on a running 8-hour average, whichever
is less restrictive.
C. Opacity of emissions from each incinerator stack shall
not exceed lot for a period of six or more minutes
during any continuous sixty-minute period.
D. Facility carbon monoxide emissions are not to exceed
418 lb/hr.
E. Facility hydrocarbon emissions are not to exceed 21.5
lb/hr.
F. Facility nitrogen oxides emissions are not to exceed
437 lb/hr.
C PERMIT NUMBER
1-7.820-a01727/00011
fACILITY ID NOMBER PR RAM N
2820005643 Emission Pts. no 0 1 t�lru08 Page Z of 10
ti-�
95-2116((7I87)-2Sc NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 19 ( Air Pollution Control
4. Incinerator Temperature Requirements \
A. The flue gas temperature in each incinerator shall be
maintained at or above 1500°F after, the last point of
overfire air injection, based on a running 15 minute
average of readings. Such measurements may be made
directly or through the use of a surrogate temperature
measurement acceptable to NYSDEC.
B. Auxiliary burners shall be used to maintain the
temperature in Special condition 4A.
The auxiliary burners must be in place in the
incinerator and in operation at the following times:
-prior to commencing refuse feed during start-up
-during shutdown until complete burnout is achieved
-during upset operations or to maintain proper
combustion while processing difficult to burn refuse.
5. Combustion Efficiency
A. Combustion efficiency (CE) , as defined below, shall be 1)
maintained at or above the following levels in each
incinerator:
CE - 99.67% or greater, (400 ppm CO @12* CO2) running
1-hour average
CE - 99.92* or greater, (100 ppm CO @12* CO2) running
8-hour average
CE - CO2 X 100
CO2 + CO
CO2- Carbon dioxide conc. , ppm dv
CO - Carbon monoxide conc. , ppm dv
B. Combustion efficiency shall be determined from
continuous measurements conducted at a location prior
to any air pollution control equipment.
C PERMIT NUMBER .�
1-2820«01727/00011
FACILITY ID NUMBER PROGRAM NUMBER
282000$643 Emission Pts. 000111 thru 00008 Page 4 of 10
95.200(71871-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 19 I Air Pollution Control
6. Emissions Testing
A. Stack testing shall be conducted for the following
contaminants:
-Total Particulate Matter
-Sulfur Dioxide
-Oxides of Nitrogen
-Hydrogen Chloride
.-Polychlorinated dibenzo-p-dioxins*
-Polychlorinated dibenzo furans*
-Polycyclic aromatic hydrocarbons
-Polychlorinated biphenyls
-Heavy Metals
Arsenic
Beryllium
Cadmium
Chromium
Lead
Mercury
Nickel
*Testing of congeners of this contaminant is required,
as specified by DEC. Such testing will only be
required at one of the three incinerator sources at
this facility.
This list may be changed as deemed necessary by the
Commissioner of DEC.
B. Stack testing for contaminants listed in Special
Condition ♦6A. shall be performed once per calendar
year.
A report presenting the results of stack testing shall
be submitted by the permittee to DEC in accordance with
6 NYCRR 202.3.
C. Protocol Approvals
A protocol for stack testing must be submitted for DEC
approval at least 90 days prior to the start of the
stack-test. Witnessing by DEC staff of all stack tests
is required. DEC will not accept the results of any
stack tests done in the absence of an approved
protocol, or which are not witnessed.
EC PERMIT NUMBER
1. 2820-01727/00011
FACILITY ID NUMBER PROGRAM NUMBER
2820005643 Emission Pts. 0001111 thru 00008 Page 5 of 10
95.206f(7Ie7)-2Sc NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
C
For Article 1 19 Air Pollution Control )
,..JJ
D. Health Risk Analysis
A health risk analysis of homologue and congener
specific polychlorinated dibenzodioxins (PCDD) ,
polychlorinated dibenzofurans (PCDF) and other emitted
air contaminants that may have an adverse health impact
as identified by the permittee or the Department, will
be prepared by the permittee based upon measured stack
emissions and Department approved risk assessment
protocols for those contaminants exceeding values used
in the accepted Health Risk Assessment. A report
presenting the results and analysis of the health
impacts associated with facility emissions which exceed
values used in the accepted Health Risk Assessment,
will be submitted to DEC within 90 days of completion
of the stack testing as required by Special Condition
/6 or if the stack test demonstrates a violation of the
conditions of this permit, within 90 days of the
subsequent stack test showing compliance with such
conditions.
7. Continuous Emissions Monitoring
CA. Continuous emissions monitors shall be installed J
and operated on each incineration exhaust stack
during incinerator operation. Equipment
specification, calibration and operating
procedures and data evaluation and reporting
procedures must be submitted to DEC prior to
replacement. All monitors and monitor locations
shall be located in accordance with 40CFR60 App B,
except for those noted below.
B. The following parameters shall be continuously
monitored for:
sulfur dioxide
opacity
hydrogen chloride*
temperature**
carbon monoxide***
carbon dioxide****
oxygen***
* If hydrogen chloride monitors are not
installed initially, DEC reserves. the right
to require subsequent installation in the
future if such monitoring is determined to be
feasible and necessary by DEC
EC PERMIT WLNcaER �J
1-2TTY612P�0-0417737/00011
Pae
FS%TUu0j943 Em].ssi on Pts. 00 A6cN'ruM8T1008 10
S of
95-104-1(7187)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
4 For Article 19 ` Air Pollution Control
** Temperature monitoring to be at a point
consistent with Special Condition #4A.
*** Monitors must be located before any air
pollution control equipment.
**** Monitors should be located before and
after any air pollution control equipment.
8. Recordkesping
A. All continuous monitoring data required in Special
Condition 07 shall be recorded and tabulated and
summarized. All continuous monitoring data shall be
kept on file at the facility for a period of not less
than three years. Continuous monitoring data shall be
made available to DEC personnel within ten business
days of notification by DEC.
B. A written report of excess emissions and out-of-
compliance operating parameters shall be submitted to
the DEC Regional Air Pollution Control Engineer on a
quarterly basis. The report shall detail the exact
nature and cause, if known, and corrective action, if
any, that was taken.
C. A record must be kept indicating times, duration of
use,- fuel consumption, and reason for, use of auxiliary
burners. These records shall be made available for
inspection by DEC personnel.
D. A record of time in service and all maintenance and
repair of the air pollution control devices shall be
maintained at the facility. Such record shall be made
available for inspection by DEC personnel.
9. Applicant shall submit revised plans detailing practices and
procedures to be followed during start-up, shutdown and
upset periods. Such revised plans must be approved by DEC
prior to implementation. NYSDEC shall make a determination
of acceptability of such plans within 30 days of receipt
from applicant.
10. on-site operation shall be directed by a person possessing
an appropriate, current New York State Resource Recovery
Operator Certification. This requirement is effective nine
months after the first qualifying examination for such
certification approved by the Commissioner of DEC.
7FA
RMIT NUMBER
82001727 00011
Y ID NUMlER PROGRAM NUMBER
0005643 Emission Pts. 000 1 thru 00008 Pae 7 of 10
9S-XI-6f MM-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
19 -Air Pollution Control �w
For Article ( 1 I,
11. Excepting start-up, shutdown and upset conditions operation, v�
the facility shall be restricted to a range of 65-100% of
maximum continuous rating (MCR) of the boilers. Initial
emissions testing for opacity, particulate temperature and
combustion efficiency have been conducted at the lower and
upper ends of such range, and have demonstrated compliance
with the emissions limitation set forth in this permit, the
facility shall be permitted to operate within the specified
NCR range. VThe facility shall not charge more than 914,325
tons/year-and shall report to the Department, on a monthly
basis, the facility's average daily throughput.
12. All facility plans including any changes made in accordance
with this certificate shall be identified by drawing number,
preparer"s name, and date of preparation and shall be
attached to the certificate, along with any supplementary
letters(s) of approval issued by NYSDEC and kept readily
available at the site.
13. The permittee shall maintain a fabric filter baghouse that
is designed to control particulate emissions to a level of
0.010 grains/dscf at 12% CO2.
14. Emissions data from the emissions testing conducted by
Radian Corporation for the permittee during the fall of 1989
and accepted by this Department shall be used as part of the
data base from which future emissions standards or limits
will be established when future revised regulations require
such emissions standards or limits.
15. Proper Operation and maintenance - The permittee shall at
all times properly operate and maintain this facility.
Proper operation and maintenance includes, but is not
limited to, effective performance, adequate process and
laboratory controls, and appropriate quality assurance/
quality control procedures in accordance with the
requirements of this certificate. This provision requires
the operation of backup or auxiliary facilities or similar
systems only when necessary to achieve compliance with the
conditions of the certificate.
16. Inspection and Entry - The permittee shall allow any
authorized,representative of the Department of Environmental
Conservation ("Department") , upon the presentation of
credentials and other documents to:
a. Have access to and copy, at reasonable times, any
records that must be kept under the conditions of this
certificate, including any and all confidential data;
DEC:PERMIT NUMBER
1-282R-01727/00011
FACILITY ID NUMBER PROGRAM NUMBER
2820005643 Emission Pts. 0000 thru 00008 Pase B of 10
9S-20-6I(7187)-2$c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 0
SPECIAL CONDITIONS
For Article 19 Air Pollution Control
17. Duty to Provide Information - The permittee shall furnish to
the Department, within a reasonable time, any relevant '
information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing,
or suspending this certificate, or to determine compliance
with this certificate. The permittee shall also furnish to
the Department, upon request, copies of records required to
be kept by this certificate.
18. Twenty-four Aour Reporting - The permittee shall report any
noncompliance which may endanger human health or the
environment to the Department's Region 1 Air Pollution
Control Engineer. Any such information shall be reported
orally within 24 hours from the time the permittee becomes
aware of the circumstances and followed up in writing within
seven days.
19. Effect of Application The issuance of this certificate is
based on the assumptions that permittees application
includes all material information, is accurate, and that the
facility will be operated as specified in the application.,
Any material inaccuracies or incompleteness found in the
( information presented in the application constitutes grounds
for the termination or modification of this certificate and
potential enforcement action.
20. Transfer of Certificates - This certificate may be
transferred to a new operator only if it is modified or
revoked and reissued pursuant to 6 NYCRR Part 621.
21. CONFIDENTIAL INFORMATION - The permittee may claim
confidential any information required to be submitted by
this certificate. All documentation which the permittee
believes justifies its claim of confidentiality must be
submitted in accordance with 6 NYCRR Part 616.
22. ALL REPORTS AND SURNITTALS
a. Unless otherwise specified all reports and submittals
required by this certificate to be submitted to the
Department shall be sent to the following addresses:
1 copy
Bureau of Source Control
New York State Department of Environmental Conservation
50 Wolf Road
Albany, New York 12233-7250
C PERMIT NUMBER
-2820-01727/00011
FACILITY ID NUMBER PROGRAM NUMBER
2820005643 Emission Pts. 0000 thru 00008 Page 9 of 10
95•:06(ORA-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 19 t -Air Pollution Control
i
1 copy
Air Pollution Control Engineer
New York State Department of Environmental Conservation
Region 1 Headquarters
Bldg. 040, S.U.N.Y.
Stony Brook, New York 11790-2356
b. All plans reports and schedules required by the terms
of this certificate are, upon approval by the
Department, incorporated by reference into this
certificate. Upon incorporation, the provisions of
each such document shall be binding upon the permittee
and have the same legal force and effect as the
requirements of this certificate.
C. The permittee shall submit draft plans and reports
required by this certificate to the Department for
review and comment. If the Department determines that
any plan or report required by this certificate is
deficient (in whole or in part) , the permittee shall
promptly respond to the Department"s comments within a
reasonable timeframe specified by the Department.
Extensions of the due. datc for submittals may be
granted by the Department based on the permittee"s j
documentation that sufficient justification exists. �-
d. The Department will notify the permittee of any
approvals or disapprovals of plans and/or reports in
writing. Any notification of disapproval shall include
the reasons for the disapproval.
e. Failure of the permittee to submit an approvable plan
or report required by this certificate within the
specified timeframe shall constitute a violation.
OEC:PERMIT NUMBER
1-2820-01727/00011
FACILITY ID HUMBER CRAM NUMBER
2820005643 Emission- Pts. 000 thru 00008 Pae 10 of 10
NEN YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
P
PERMIT' MUMBER EFFECTIVE GATE
20.01 7/00010-0 Jul 24 1995
LITY/PkOORAM AMER(S) PERIT EXPIRATION PATE(S)
( 30"E•06 r-Ander % FnviF'on stat July 23, 2000
�;: . Mervmtion W
TYgE OF PERMIT 0 Mw a Ranswat ■ Medfffoatian 0 Permit to Construct 0 Permit to operate
0 Article 15, Title 5: Protection 0 6MYCRR 606: altar Quality a Article 27, Title 7; 6MYCRR 360:
of alters Certification Solid mute Management
0 Article 15, Title 1S: Vater 0 Article 17, Tftles 7, B: SPDES
apD1Y 0 Article 27, Title 9; 6MYCRR 373:
-
0 Article /9: Air Pollution Natardow Vote Nwaemont
0 Article Title /S: altar Control 0 Article 34: Coastal Erosion
0 Article 23, Title 27: Mined Lard Management
0 Art�e15, Title 1S: Lang Reclamation 13 Article 36: Floodplain
0 Article 24: Freshwater Wetlands
MWgeo nt
0 Article 15, Tftle 27: mild, 0 Articles 1, 3, 17, 19, 27, 37;
Scenic and Recrestiwl Rivers 0 Article 25: Tidal Wetlands 6MYCRR 380: Radiation Control
0
Other:
PERMIT ISSUED TO TELEPHONE NUMBER
Merica !$f-Fust of Hampstead (516) 683-5400
ADDRESS OF IPERNITTEE
600 Avenue C at Stamrt Avenue
Westbury, a 11590
CONTACT PWON FOR PERMITTED YORK TELE
arPHONE UMBER
John J. Yaf mehmidt (516) 683-5400
NAME AND ADDRESS OF PROJECT/FACILITY
Nwpstesd 109aurce Recovery Facility
600 Avenue 0, at Stewart Avenue
TION OF PROJECT/FACILITY
Westbury
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Nassau x read
C SMIPTICN CF AM-MIM) acrIVITY
OParstion of the Hempstead Resource Recovery Facility as a moss burn facility with an annual charging rate not to exceed
914,325 tam with a reference mate of 4,700 b.t.u. to be used to generate electricity. Permit modified to include
cardboard recycling. -
By aegaptnee of this permit, the permfttee agrees that the permit is contingent upon strict compliance with the
ECLall applicable regulatfwGeneral,•the General Condition specified (see page 2) Ord any Speciat Corditiaru included es part of
this
permit.
PERMIT ADMINISTRATOR: ADDRESS
George W. Hammarth
tldp. 40, SUNY, Roam 219, Starry Brook, MT iTi90-2356
EAUTHMIZED SIGNATTUURREE DATE
/[!: July 19, 1995 Page 1 of 7
Inspections
1"„ The permitted site or facitity, including relevant records, is subject to In-
spection at reasonable hours and intervals by an authorized representative of
the Departrrent of Environ-ental Conservation (the Department) to determine
W*ther the permittee is omplying with this permit and the ECL. Such represen-
tative may order the work suspended pursuant to E1 71-0301 and SWA 401 (3).
copy of this permit, including all referenced rreps, draM ngs and special
conditions, frust be available for Inspection by the Department at all tirres at
the project site. Failure to produce a copy of the permit upon request by a
Department representative (s a violation of this permit.
Permit Changes and Fle Ovals
2. The'Department reserves the right to rrod1fy, suspend or revoke this permit vdnen:
a) the scope of the permitted activity is exceeded or a violation of arty
condition of the permit or provisions of the E1 and pertinent regula-
tIam Is found;
b) the permit wes obtained by misrepresentation or failure to disclose
relevant facts;
c) rwwrmterial infoamtion is discovered; or
d) environmental conditions, relevant technology, or applicable lav or
regulation have materially changed since the permit was issued.
3. The permittee must submit a separate written application to the Department for
reneml, m3dif!cat!on or transfer of this permit. Such application must Include
any foam, fees or supplarantal info nation the Deparrrent requires. Any
rerwmi , mndif!cation or transfer granted by the Departrrent mut be in writing.
4. The permittee rrust submit a reneneI application at Ieast:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination Systen (SFt"6) , Hazardous 1llaste khnagerent Facilities
(KTJF), rra j o r Air PoI I ut i on Cont ro I (APC) and So 1 i d ftste Nhnagerent
Facilities W%F); and
i b) 30 days before expiration of all other permit types.
5. Wass expressly provided for by the Department, issuance of this permit does
not m3dify, supersede or rescind any order or determination perviously issued by
the Department or any of the teas, conditions or requirements contained in such
order or determination.
OtherLege l Cb l !gat(ons of Pleari ttee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all daTages, direct or indirect, of whatever.
nature and by vrtwrever suffered, arising out of the project described in this
permit and has agreed to indem ify and save harmless the State frorn wits,
actions, damges and costs of every name and description resulting fron this
project.
7. This permit does not convey to the pe ani ttee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted work nor .does It authorize the impaimrent of any rights, title, or
interest in real or-personal property held or vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands,
easeTiants and rights-of-wey that may be required for this project.
Page 2 of 7
xmblNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 27 Title 7: 6NYCRR 360: SWM
i
TOWN OF HEMPSTEAD RESOURCE RECOVERY FACILITY
SOLID WASTE MANAGEMENT FACILITY
6 NYCRR PART 360 PERMIT TO OPERATE
SPECIAL PERMIT CONDITIONS
1. Permitted Activities
Permitted -activities are limited to the delivery, unloading
and combustion of solid waste and loading„ trans-shipment of
ash residue, recovered materials, bypass waste and cardboard
removal for recycling. No other solid waste activities
regulated under 6 NYCRR Part 360 are to be conducted at the
Facility, unless allowed for as a special permit condition.
2. Authorized and Unau ho ized Wastes
The Facility may receive and combust only household waste
and non-hazardous commercial waste. In addition, non-
hazardous industrial wastes may be only accepted with prior
written approval of the Regional Solid Waste Engineer. All
requests should be submitted along with an "Application for
Treatment or Disposal of an Industrial Waste Stream" at
least two weeks in advanced of requested acceptance.
Approvals shall be valid for either one year or until any
information on the approved application changes, whichever
is sooner. No hazardous waste as defined in 6 NYCRR Part 371
which is subject to regulation under 6 NYCRR Part 370
through 374 and no radioactive waste as defined in 6 NYCRR
Part 380 may be accepted at this Facility. No regulated
medical waste or sewage sludge may be processed at this
Facility unless specifically authorized in writing by the
Department.
3. Operational Recuirement
a. All activities at the Facility must be performed in
accordance with the manuals, plans, and programs
required by the Part 360 regulations and approved by
the Department. All manuals, plans, and programs must
be updated no less frequently than the duration of the
permit:-oto operate. The Facility must operate in
compliance with the requirements of 6 NYCRR 360-3 and
360-1.
QAC PERMIT NUMBER
-2820-01727/00010-o
LITY ID NUMBER PROGRAM NUMBER
0-E-06
Pae 3 of 7
15.20.0(7187)-26c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
RR 360: SWM.
Title 76NYC
For Article 27 I ,
b. The Facility shall not charge more than 914,325
tons/year of authorized wastes. Also, the Facility
shall not process approved non-hazardous industrial
wastes in amounts exceeding 10 i of -the daily thruput.
4. Reoortina
All reports and submittals shall be in accordance with
6 NYCRR Part 360 and the approved Operation and Maintenance
Manual and also:
a. The Regional Solid Waste Engineer must immediately be
notified of the delivery to the Facility of
unauthorized medical waste, hazardous waste or low
level radioactive waste or of any emergency, breakdown
or unplanned total Facility shutdown occurring for more
than 24 Hours.
b. The average daily throughput shall be reported to the
Department on a monthly basis and shall also include
the quantity and percentage of non-hazardous industrial
wastes processed.
C
C. In addition, Quarterly and Annual Reports shall include the amounts of industrial waste processed and also the
amount of cardboard removed from the waste stream.
d. Ash testing for volatile matter as per part 360-
3 .5 (c) (2) (i) shall be conducted as follows:
i) On a monthly basis if volatile matter remains
below 10 percent.
ii) on a weekly or more basis (as determined by the
Department) if volatile matter exceeds 10 percent
in addition to the requirements of 360-
3.5(c) (2) (i) (d) .
5. Access
. The Permittee must restrict the presence of, and must
minimize the possibility for any unauthorized entry onto the
Facility. A description of the security measures must be
updated as they change and must include, but not be limited
to, a meani.to control entry at all times through the gates
or other entrances to the Facility (as by a 24 hour
surveillance system which continuously monitors and controls
entry, or an artificial or natural barrier) . Signs legible
from a distance of at least 25 feet that read "VISITORS AND
UNAUTHORIZED PERSONNEL MUST REPORT TO THE OFFICE" must be
0EC PERMIT NUMBER
2120-01 27 00010-0
ILITY to NUMBER PROGRAM NUMBER
30-E-06 Page 4 of 7
t ,.
-----------------
152661 mu)-RSC NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 27 (Title 7: SNYCRR 360: SWM
i
posted at each entrance to the Facility and at other
locations, in sufficient numbers to be seen from any
approach to the Facility.
S. Proper operation and Maintenance
The Permittee shall at all times properly operate and
maintain this Facility. Proper operation and maintenance
includes, but is not limited to, effective performance,
adequate funding, adequate operator staffing and training,
and adequate process and laboratory controls, including
appropriate quality assurance/quality control procedures in
accordance with the requirements of this permit and as
described in the Operation and Maintenance Manual. This
provision requires the operation of back-up or auxiliary
facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
7. Non-Hazardous Sampling and testing
The facility shall conduct sampling and testing for
verification that Department approved wastes are non-
hazardous using the methods described in the approved waste
C control plan. These results shall be submitted to the
Department within 90 days after samples have been collected.
a. The Permittee must include in each of the Permitteeos
service contracts provisions that:
a. Each municipality whose solid waste is to be processed,
treated, or disposed of at the Facility must have, a
CRA satisfying the requirements of 6NYCRR 360-1.9 (f) ,
and an implemented recyclables recovery programs
determined to be feasible by that analysis, unless
for the service area of the facility, either another
municipality has such analysis and the Department
approved it and that analysis addresses the waste
stream of that municipality, or a local solid waste
management plan that addresses all components of such
analysis, is in effect.
b. The Department may direct the Permittee to refuse to
accept solid waste from any municipality that is not
computing with special condition S (a) .
9. The permittee shall not accept solid waste that
originates from a municipality that has not completed a
comprehensive Recycling Analysis (CRA) satisfying the
requirements of 6 NYCRR 360-1.9 (f) and implemented the
recyclables recovery program determined to be feasible
C PERMIT NUMBER
1- -2820-01727/00010-0
FACWTV ID NUMBER PROGRAM NUMBER
30-13-06 Pa e 5 of 7
1S•IBiI(7N71+13c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
27 Title 7: 6NYCRR 360: SWM
For Article f �
by the analysisdmless for the service area of the
Facility, either another municipality prepares such an
analysis, and the Department approves it and that
analysis addresses the waste stream of that
municipality; or a Department-approved local solid
waste management plan that addresses all components of
such analysis is in effect.
10. The permittee shall maintain the account previously
established to fund environmental monitoring compliance
activities at the Hempstead Resource Recovery Facility and
other directly related solid waste activities in the Town of
Hempstead as per 360 1.11(a) (2) :
a. The sum of $60,000 shall be the minimum amount
maintained with the Department to fund an environmental
monitor. This sum is based on an estimate of annual
costs and is subject to quarterly revision. Subsequent
quarterly payments shall be made for the duration of
this agreement to maintain the above account balance.
Quarterly payments shall be made for the duration of
this permit in accordance with the following
provisions.
b. Costs to be covered by this fund include:
(1) Direct personnel service costs and fringe benefits
of the environmental monitor, including the costs of
replacement personnel for the person regularly assigned
to these positions.
(2) Direct non-personnel service costs, including a
share of cost to purchase or lease a vehicle, if
necessary, and its full operating costs.
(3) Inflation increases and negotiated salary
increases.
(4) Indirect support or overhead costs at the approved
indirect support cost rate.
C. As noted, the Department may revise the required
payment on a quarterly basis to include all costs of
monitoring to the Department. The quarterly revision
may take into account factors such as inflation, salary
increases, accrued interest to be applied to the
balance, changes in operating hours and procedures and
the need for additional on-site monitors.
DEC PERMIT N4IMBER
1-2820-01727/00010-0
CILITY ID NUMBER NiOGRAM NUMBER
• F
(7!871-2Sc NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article
27 (Title 7: GNYCRR 360: SWM
�
d. Within 30 days Of written notice by the Department that
a payment is due, payment shall be forwarded to the.
Department. Payment should be sent to the NYS
Department of Environmental Conservation, so wolf Road,
Room 525, attention Director of Environmental Monitors,
Keay, X.Z. 12233-1310. Payments are to be in advance
Of the period in which they will be expended.
e. Upon termination of this permit and payment of any
outstanding costs, the unaxpended balance, including
interest will be returned to the Permittee.
f. The Department may take appropriate action to enforce
the payment provisions.
g. The environmental monitors shall receive from the
Permittee all general safety training which is normally
given to new site employees. This training will be a
supplement to the mandatory safety training which the
NYSDEC monitors shall receive from the, Department.
PERMIT
M NUER
20-017 7/00010-0
FACILrTY IO NUMBER PROGRAM NUMBER
30-E-06 Paae 7 of 7
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
.:... . . < 8/1/89
> > 8/1/99 Air Cert. to Operate
/ / Diesel Fuel Tank
/091745
•, :.'tr;.pp gin.. :}S.i�tG:'':�G!i!: i:
8/1/89 8/1/99 Air Cert. to Operate
8/1/94 Diesel
Generator/091743
8/1/89 8/1/99 Air Cert to Operate
8/1/94 Fire Pum s/091744
9/17/93 3/10/00 Air Cert. To Operate
12/10/94 Ferrous and Ash
6/13/94 Conveyors/114399
3/15/94
• 1/28/94
90 days
2/14/92 90 days
2/9/92 10/30/93
8/1/93
5/3/93
11/4/92
8/6/92
5/8/92
11/11/91 4/23/00 Air Cert. to Operate
4/23/95 Ash Cond. Room Dust
1/23/95 Coll./102349
10/25/94
7/27/94
4/28/94
1/28/94
10/30/93
8/1/93
5/3/93
11/4/92
• 8/6/92
5/8/92
. 1
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date" Expiration Date Type of Permit/ No.
Location
2/8/92
11 /11/91 5/3/98 Air Cert. to Operate
5/3/93 Phosphoric Acid
11/4/92 Tank/102348
8/6/92
5/8/92
2/8/92
"
11/11/91 5/3/98 Air Cert. to Operate
5/3/93 Lime Slaker No. 1
11/4/92 Vent/102347
8/6/92
5/8/92
2/8/92
12/10/85 12/10/90 Air Cert. To Operate
Ferrous System/
0714000341
• (Removed from
service
12/11/85 90 days after Permit to Construct,
startup Install or Alter Air
Control Apparatus or
E ui ment/076793
11/11/91 4/23/00 Air Cert. To Operate
4/23/95 Lime Slaker No. 2
1/23/95 Vent/102350
10/25/94
7/27/94
4/28/94
1/28/94
10/30/93
8/1/93
5/3/93
11/4/92
8/6/92
5/8/92
2/8/92
•
2
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date' Expiration Date Type of Permit/ No.
Location
1/1 /90 12/21 /96 Air Cert. To Operate
12/21/91 Lime Silo 5-
9/22/91 10213/074475
6/24/91
3/26/91
3/31/90
5/29/86 8/15/88
5/17/88
2/17/88
11/19/87
8/21/87
5/23/87
2/22/87
11/24/86
8/26/86
1/1/90 12/21/96 Air Cert. To. Operate
• 3/26/91 Lime Silo S-
12/21/91 102C/074476
9/22/91
6/24/91
3/31/90
5/29/86 8/15/88
5/17/88
2/17/88
11/19/87
8/21/87
5/23/87
2/22/87
11/24/86
8/26/86
12/27/94 1/31/00 NPDES Stormwater
3/15/91 2/14/93 Permit/0055247
2/1/86 1/31/91
8/13/91 2/8/97 Air Cert. To Operate
2/8/92 Lime Silo S-
11/10/91 102A/100645
• 1/1/90 6/24/91
3/26/91
3
. AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date` Expiration Date Type of Permit/ No.
Location
12/26/90
6/29/90
3/31/90
5/29/86 8/15/88
5/17/88
2/17/88
11/19/87
8/21/87
5/23/87
2/22/87
11/24/86
8/26/86
6/21/96 "N/A" Final PSD Permit
Modification
3/14/91 3/13/93 Stormwater Permit to
Construct and
• Operate Treatment
Works 90-
4880-4
1/1/95 12/31/96 Underground Storage
1/1/94 12/31/94 Tank Registration Cert.
1/1/93 12/31/93 UST/0218225
1/1/92 12/31/92
1/1/90 12/31/90
12/11/85 3 yrs. after Water Allocation
initiation of Permit/ 1041 D
construction
12/11/90
12/11/85 12/11/90 Waterfront
Development Permit-
Water Quality
Certificate/ 84-0447-1
4/19/96 4/19/01 Waterfront
Development Permit
0714-94-0006.6 -6.7 -
6.8
•
4
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS _
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
9/14/94 (New 9/14/99 Stream
issuance for a 2/22/87 Encroachment
1/30/85 Permit/0714-94-
subsequent job) 0006.2.3.4
11/17/95 11/16/00 Solid Waste Permit
/07142000341
7/7/93 12/17/96 Air Certificate to
9/18/96 Operate-Boilers S-
6/21/96 101/AB&C
3/22/96
12/23/95
9/24/95
6/26/95
3/28/95
12/28/94
9/29/94
• 1/1/90 7/1/94
4/2/94
1/2/94
10/4/93
9/11/93
6/13/93
3/15/93
12/15/92
9/16/92
6/18/92
3/20/92
12/21/91
9/22/91
6/24/91
3/26/91
3/31/90
8/22/95 6/30/97 Department of
6/8/93 6/30/96 Transportation
6/30/94 Certificate of
Registration/
• 082195001015D
8/28/91 "N/A" Air Permit/1400814
5
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
Activated Carbon Silo
Permit No. 0194028
(Incorporated into air
certificate to operate
boilers
8/22/95 8/22/00 Hazard Materials/
H2MP194
7/29/92 within 45 days of Cert. Of Approval for
installation Backflow Prevention
Devices/92CC-0458
e. ry
1/1/95 1/1/00 Toxic or Hazardous
1/1/94 1/1/95 Material Storage*
•
8/1/92 8/1/93 Facility Permit/01243
7/1/91 7/1/92
3/1/91 3/1/92
1 /1 /90 1/1/95
2/20/87 none listed Water Connect
Permit/ WW847
"
2/1/90 8/6/90 Solid Waste Permit to
11/1 /89 2/6/90 Contruct/
11/6/86 11/6/89 10-86-0345 Part 360
11/6/89 2/6/90 Contruction of a
10/24/88 11/6/89 Resource Recovery
11/6/86 11/6/87 Incinerator/Air Permit
to Operate/ 10-
86-0345
7/24/95 7/23/00 Solid Waste Permit to
5/15/95 7/23/95 Operate/
5/15/90 5/14/95 1-2820-01727/00010-0
"
12/21/94 3/3/97 Storage Tank
3/5/93 3/31/95 Permit/1-000036
8/7/96 8/6/97 Air Permit to Operate/
8/7/95 8/6/96 1-2820-01727/00001 -
5/9/95 5/9/96 0
6
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date" Expiration Date Type of Permit/ No.
Location
5/11/94 5/14/95
5/6/93 5/14/94
5/10/92 5/14/93
5/14/91 5/14/92
5/15/90 5/14/91
11/6/86 "N/A" Well Permit to
Operate/ W-3466
2/5/87 4/6/87 Sewer Connect
Permit/
S-124561
Nffi` 12/12/88 None Solid Waste Permit to
hy,>
Construct SW-1 14-RR
ig
4 0 .
12/9/93 None Solid Waste
Modification: Permit
to Construct SW-1 14-
RR
8/11/95 None Solid Waste Minor
Permit Amendment:
Permit to Construct
SW-114-RR
5/14/93 None Solid Waste Final
Permit to Operate SW-
1140201
12/8/93 None Solid Waste Minor
Amendment: Permit
to Operate SW-
1140201
12/9/93 12/9/98 Solid Waste
Modification: Permit
to Operate SW-
1140201
8/11/95 8/11/2000 Solid Waste Minor
7
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
Permit Amendment:
Permit to Operate SW-
1140201
10/13/95 None Air Permit - Revised
Final Permit to
Operate 150-0012-
0001-01 and 150-0012-
0002-01
12/21/92 None Final Air Permit to
Operate/150-0012-
0001-01 and 150-0012-
0002-01
12/21/93 None Revised final Air Permit
to Operate/ 150-0012-
0001-01 and 150-
0012-0002-02
• 3/28/94 None Revised final Air Permit
to Operate/ 150-0012-
0001-01 and 150-
0012-0001-02
4/6/92 None Air Permit to Operate
emergency diesel
generator/150-0012-
0003-02
" 12/2/91 12/2/96 NPDES Stormwater
Permit/ DEP/WPC-1 14-
015 (Replaced with
General Permit for
Industrial Stormwater
Discharges)
" 10/1/92 10/1/97 General Permit for
Industrial Stormwater
Discharges
"N/A" "N/A" Electricity Generator
Siting Decision and
Order/ Docket No. 74
•
8
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS _
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
w: 11/16/95
11/16/00 Air Permit to Operate
s No. OP-23-0004
�9(
h.
vd' v Sal +
4/16/97 9/23/98 Solid Waste Permit to
Operate No. 400593
7/12/96 7/12/01 Stormwater Discharge
Permit No. PAR900004
5/1 /97 4/30/02 Wastewater
• Discharge Permit No.
114-W06
*Many permit extensions have the some issuance date
cAg1c\bidperm.doc
3/21/97
•
9
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date" Expiration Date Type of Permit/ No.
Location
12/26/90
6/29/90
3/31/90
5/29/86 8/15/88
5/17/88
2/17/88
11/19/87
8/21/87
5/23/87
2/22/87
11/24/86
8/26/86
"
6/21 /96 "N/A" Final PSD Permit
Modification
3/14/91 3/13/93 Stormwater Permit to
Construct and
• Operate Treatment
Works 90-
4880-4
"
1/1 /95 12/31/96 Underground Storage
1/1/94 12/31/94 Tank Registration Cert.
1/1/93 12/31/93 UST/0218225
1/1/92 12/31/92
1 /1/90 12/31/90
"
12/11/85 3 yrs. after Water Allocation
initiation of Permit/ 1041 D
construction
12/11/90
12/11/85 12/11/90 Waterfront
Development Permit-
Water Quality
Certificate/ 84-0447-1
4/19/96 4/19/01 Waterfront
Development Permit
0714-94-0006.6 -6.7 -
6.8
•
4
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
9/14/94 (New 9/14/99 Stream
issuance for a 2/22/87 Encroachment
1/30/85 Permit/0714-94-
subsequent job) 0006.2.3.4
11/17/95 11/16/00 Solid Waste Permit
/07142000341
7/7/93 12/17/96 Air Certificate to
9/18/96 Operate-Boilers S-
6/21/96 101/AB&C
3/22/96
12/23/95
9/24/95
6/26/95
3/28/95
12/28/94
9/29/94
• 1/1/90 7/1/94
4/2/94
1/2/94
10/4/93
9/11/93
6/13/93
3/15/93
12/15/92
9/16/92
6/18/92
3/20/92
12/21/91
9/22/91
6/24/91
3/26/91
3/31/90
8/22/95 6/30/97 Department of
6/8/93 6/30/96 Transportation
6/30/94 Certificate of
Registration/
• 082195001015D
8/28/91 "N/A" Air Permit/1400814
5
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
Activated Carbon Silo
Permit No. 0194028
(Incorporated into air
certificate to operate
boilers)
8/22/95 8/22/00 Hazard Materials/
H2MP194
7/29/92 within 45 days of Cert. Of Approval for
installation Backflow Prevention
Devices/92CC-0458
ME a.
1/1/95 1/1/00 Toxic or Hazardous
1/1/94 1/11/95 Material Storage
• 8/1/92 8/1/93 Facility Permit/01243
7/1/91 7/1/92
3/1/91 3/1/92
1/1 /90 1/1/95
2/20/87 none listed Water Connect
Permit/ WW847
2/1/90 8/6/90 Solid Waste Permit to
11/1/89 2/6/90 Contruct/
11/6/86 11/6/89 10-86-0345 Part 360
11/6/89 2/6/90 Contruction of a
10/24/88 11/6/89 Resource Recovery
11/6/86 11/6/87 Incinerator/Air Permit
to Operate/ 10-
86-0345
7/24/95 7/23/00 Solid Waste Permit to
5/15/95 7/23/95 Operate/
5/15/90 5/14/95 1-2820-01727/00010-0
12/21/94 3/3/97 Storage Tank
3/5/93 3/31/95 Permit/1-000036
8/7/96 8/6/97 Air Permit to Operate/
• 8/7/95 8/6/96 1-2820-01727/00001 -
5/9/95
-2820-01727/00001 -5/9/95 15/9/96 10
6
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
5/11/94 5/14/95
5/6/93 5/14/94
5/10/92 5/14/93
5/14/91 5/14/92
5/15/90 5/14/91
11/6/86 "N/A" Well Permit to
Operate/ W-3466
" 2/5/87 4/6/87 Sewer Connect
Permit/
S-124561
t 12/12/88 None Solid Waste Permit to
Construct SW-1 14-RR
12/9/93 None Solid Waste
Modification: Permit
to Construct SW-1 14-
RR
8/11/95 None Solid Waste Minor
Permit Amendment:
Permit to Construct
SW-114-RR
5/14/93 None Solid Waste Final
Permit to Operate SW-
1140201
12/8/93 None Solid Waste Minor
Amendment: Permit
to Operate SW-
1140201
12/9/93 12/9/98 Solid Waste
Modification: Permit
to Operate SW-
1140201
18/11/95 18/11/2000 Solid Waste Minor
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
Permit Amendment:
Permit to Operate SW-
1140201
" 10/13/95 None Air Permit - Revised
Final Permit to
Operate 150-0012-
0001-01 and 150-0012-
0002-01
12/21/92 None Final Air Permit to
Operate/150-0012-
0001-01 and 150-0012-
0002-01
"
12/21/93 None Revised final Air Permit
to Operate/ 150-0012-
0001-01 and 150-
0012-0002-02
• 3/28/94 None Revised final Air Permit
to Operate/ 150-0012-
0001-01 and 150-
0012-0001-02
" 4/6/92 None Air Permit to Operate
emergency diesel
generator/150-0012-
0003-02
" 12/2/91 12/2/96 NPDES Stormwater
Permit/ DEP/WPC-114-
015 (Replaced with
General Permit for
Industrial Stormwater
Discharges)
"
10/1/92 10/1/97 General Permit for
Industrial Stormwater
Discharges
" "N/A" "N/A" Electricity Generator
Siting Decision and
Order/ Docket No. 74
•
8
• AMERICAN REF-FUEL COMPANIES
FACILITY PERMITS
Facility Name and Issuance Date* Expiration Date Type of Permit/ No.
Location
11/16/95 11/16/00 Air Permit to Operate
z . No. OP-23-0004
� 4
I
a
4�'aFa
4/16/97 9/23/98 Solid Waste Permit to
Operate No. 400593
7/12/96 7/12/01 Stormwater Discharge
Permit No. PAR900004
5/1/97 4/30/02 Wastewater
• Discharge Permit No.
1 14-W06
*Many permit extensions have the same issuance date
cAgiclbidpmm.doc
3/21/97
•
9
DELAWARE COUNTY-TRANSRIVER
MASTER WASTE DELIVERY AGREEMENT
This Agreement is entered into as of the_ day of 1997, by and between
TRANSRIVER MARKETING COMPANY, L.P., a Delaware limited partnership with offices at
1101 Stewart Avenue, Garden City, New York 11530 ("TransRiver"), and AMERICAN REF-
FUEL COMPANY OF DELAWARE COUNTY, L.P., a Delaware limited partnership with of-
fices at 777 North Eldridge, 5th Floor, Houston,Texas 77079 ("Delaware County")
PREAMBLE
- A. Delaware County operates a waste-to-energy facility located in the city of Chester in the
Commonwealth of Pennsylvania(the "Delaware County WTE").
B. The Delaware County WTE requires significant and :near continuous volumes of solid
waste to operate efficiently.
C. TransRiver has the marketing ability to provide the Delaware County WTE with the vol-
• umes of solid waste as may be requested by Delaware County from time to time during
the term of this Agreement.
D. TransRiver and Delaware County have negotiated a brokerage agreement for TransRiver
to supply solid waste as may be requested by Delaware County to meet the requirements
of the Delaware County WTE, and TransRiver and Delaware County desire to reduce this
agreement to writing.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each party
hereunder, TransRiver and Delaware County hereby agree as follows:
•
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 1 OF 1 I PAGES
(RMC]p:\wpdata\arcdelU.doc Revision No. I,Last Revised on February 14, 1997
ARTICLE I
DELIVERY AND ACCEPTANCE OF ACCEPTABLE WASTE
§1.1 Delivery & Acceptance: TransRiver shall use commercially reasonable business efforts
to deliver Acceptable Waste (as defined below) in the amounts and at the times requested by
Delaware County for the Delaware County WTE and Delaware: County shall use commercially
reasonable business efforts to cause the receipt and disposal of all Acceptable Waste that Trans-
River delivers as requested by Delaware County to the Delaware: County WTE. For the purposes
hereof, "Acceptable Waste" means that portion of solid waste that (a) is collected and disposed
of as part of municipal waste collections, including garbage, trash, rubbish, and refuse or (b) is
commercial and industrial solid waste that can be legally and physically processed by the Dela-
ware County WTE. Any components or portions of solid waste shall not be Acceptable Waste .
hereunder if (i) processing such components or portions does or would cause the Delaware
• County WTE to violate any permit criterion applicable to the Delaware County WTE, or (ii) such
components or portions are hazardous waste, or (iii) such components or portions have a reason-
able possibility of posing a threat to health or safety or adversely affecting the operation or
maintenance of the Delaware County WTE. Delaware County shall be entitled to reject any and
all solid waste delivered or attempted to be delivered by or on behalf of TransRiver that is not
Acceptable Waste, and TransRiver shall bear at its sole expense the cost of removing and dis-
posing of all solid waste that is rightfully rejected by Delaware County as not being Acceptable
Waste.
§1.2 No Liability: Except for the obligation to use commercially reasonable business efforts
described in §1.1 above and as otherwise provided in this Agreement, there shall be no liability
of TransRiver to Delaware County for the failure of TransRiver to deliver to the Delaware
• County WTE Acceptable Waste in the volume requested by Delaware County and there shall be
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 2 OF 11 PAGES
no liability of Delaware County to TransRiver for the failure of Delaware County to accept de-
livery of Acceptable Waste tendered by or on behalf of Trans.River in compliance with volume
•�
deliveries requested by Delaware County.
§1.3 No Obligation: Delaware County and TransRiver recognize that TransRiver, in arranging
for deliveries of solid waste to the Delaware County WTE, does not and will not have the capac-
ity to evaluate and determine whether all such solid waste actually delivered to the Delaware
County WTE is Acceptable Waste and, therefore, Delaware County and TransRiver agree that,
except for the obligation of TransRiver to bear at its sole expense the cost of removing and dis-
posing of all solid waste that is rightfully rejected by Delaware County as not being Acceptable
Waste, (i) TransRiver shall have no responsibility to Delaware County for any damages, losses,
fines, penalties, and charges suffered and expenses incurred by Delaware County due to the re-
ceipt by Delaware County at the Delaware County WTE of solid waste delivered by or on behalf
• of TransRiver that is not Acceptable Waste ("Non-Conforming Waste') and (ii) Delaware
County hereby waives any and all rights, claims, suits, demands, causes of action, and awards of
damages against TransRiver that may arise from the receipt by Delaware County at the Delaware
County WTE of Non-Conforming Waste. Delaware County agrees to pursue any such rights,
claims, suits, demands, causes of action, and awards of damages that may arise from the receipt
by Delaware County at the Delaware County WTE of Non-Conforming Waste against the gen-
erator of such Non-Conforming Waste rather than against TransRiver. In the event that Dela-
ware County elects to pursue the generator of Non-Conforming Waste, TransRiver shall cooper-
ate with Delaware County and take all reasonably necessary actions requested by Delaware
County, including, but not limited to, assignment of all rights, warranties, and indemnities that
TransRiver may have in connection therewith to enable Delaware County to pursue such rights,
•
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 3 OF I1 PAGES
claims, suits, demands, causes of action, and awards of damages that Delaware County or Trans-
River may have against the generator of such Non-Conformin;; Waste.
ARTICLE II
INDEMNITY
§2.1 Delaware County Indemnity of Obligations Under Tliis Agreement: Delaware County
shall, but not if prohibited by law, protect, keep harmless and indemnify TransRiver and the
partners of TransRiver and the parents, subsidiaries, and affiliate companies thereof, other than
Delaware County(collectively,the"TransRiver Group"), from and against
(i) any and all claims, suits, demands, causes of action, awards of damages, or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
administrative bodies or through public or private action), arising either at law or in eq-
• uity, and
(ii) all damages, losses, fines, penalties, charges, or expenses arising therefrom (including
reasonable attorney's fees, settlement costs, expenses and costs of investigation and court
costs),
arising by reason of any personal injury (including, without limitation, physical or mental im-
pairment, anguish, disease, or death of any person or persons including, without limitation, any
employee or agent of Delaware County or TransRiver or it or their subcontractors) property
damage (including, without limitation, existing or threatened environmental contamination) or
actual or alleged, existing or threatened claims, suits, causes of action, damages or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, remedial ac-
tions or corrective or preventative actions, groundless or not, sought or issued by judicial or ad-
ministrative bodies or through public or private action) that pertain to the activities of Delaware
DELAWARE COUNTY-TRANSRI VER MASTER WASTE DELIVERY AGREEMENT PAGE 4 OF 11 PAGES
County, its employees and agents, conducted pursuant to, or arising out of, the obligations of
Delaware County under this Agreement.
• §2.2 Delaware County Indemnity of Other Agreement& Delaware County shall, but not if
prohibited by law, protect, keep harmless and indemnify TransRiver and the partners of Trans-
River and the parents, subsidiaries, and affiliate companies thereof, other than Delaware County
(collectively, the "TransRiver Group'), from and against the Indemnified Percentage (as defined
in §2.4 below) of:
(i) any and all claims, suits, demands, causes of action, or awards of damages, or orders
(including, without limitation, cease and desist, conxpliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
administrative bodies or through public or private action), arising either at law or in eq- . .
uity, and
• (ii) all damages, losses, or expenses arising therefrom (including reasonable attorney's
fees, settlement costs, expenses and costs of investigation and court costs)
arising out of the obligations of TransRiver under any agreement entered into by TransRiver for
the disposal of solid waste other than this Agreement and the similar separate Master Waste De-
livery Agreements ("MWDA'� dated October 1, 1995, entered into by TransRiver with-Ameri-
can Ref-Fuel Company of Hempstead ("Hempstead"), with.American Ref-Fuel Company of Ni-
agara, L.P. ("Niagara"), with American Ref-Fuel Company of Essex County ("Essex"), and
American Ref-Fuel Company.of Southeastern Connecticut("Southeast").
§2.3 Limitation on Indemnity: No person or entity shall The entitled to indemnification under
this Article II if the claim or liability in question arises from (i) such person or entity not acting
in good faith and in a manner reasonably believed to be in or not opposed to the best interests of
• the party for whom such person or entity is acting on behalf of, (ii) the gross negligent acts or
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 5 OF 11 PAGES
omissions or willful malfeasance of such person or entity, or (iii) with respect to any criminal
action or proceeding, acts or omissions reasonably believed by such person or entity to be unlaw-
ful.
§2.4 Indemnified Percentage: As used herein, the phrase "Indemnified Percentage" means a
fraction expressed as a percentage, the numerator of which fraction is the aggregate number of
tons of Acceptable Waste processed at the Delaware County WTE that was delivered or caused
to be delivered by TransRiver to the Delaware County WTE under this Agreement during the
eight (8) calendar quarter periods ending on the last day of the immediate prior calendar quarter
that ended not less than sixty (60) days prior to receipt by a party to this Agreement of written
demand for indemnification under this Article II, which 8 calendar quarter period is hereafter re-
-. ferred to as the "Base Period" and which aggregate amount is hereafter referred to as the
"Delivered Tons," and the denominator of which is the sum of the Delivered Tons plus the Other
• Solid Waste, as hereinafter defined. The phrase "Other Solid Waste" means the sum of the De-
livered Tons calculated under §2.4 of Article II of the MWDA :for Hempstead, for Niagara, for
Essex, and for Southeast,plus the total number of tons of solid waste disposed of by or on behalf
of TransRiver during the Base Period to customers of TransRiver other than Hempstead, Essex,
Niagara, Southeast, and Delaware County.
§2.5 No Liability: Except as otherwise provided herein or in other agreements, neither Dela-
ware County, TransRiver, nor any other member of the TransRiver Group shall be liable for any
special, incidental, consequential, punitive or exemplary damages, whether arising in contract,
tort, strict liability, or in any other cause of action whatsoever. Except as otherwise expressly
provided herein, nothing in this Agreement is intended or shall tie construed to confer upon any
party or third party, other than Delaware County, TransRiver, and the TransRiver Group, any
• right,remedy, or claim under or by reason of this Agreement.
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 6 OF 11 PAGES
§2.6 Unavailability of Indemnity: The indemnities otherwise provided to the TransRiver
Group in §2.1 and §2.2 above shall not be applicable nor available to any member of the Trans-
• River Group where another member of the TransRiver Group is contractually obligated under
any other agreement, excluding, however, each of the MWDA's between TransRiver and Hemp-
stead,Niagara, Essex, and Southeast to indemnify any other member of the TransRiver Group or
Delaware County for the same circumstances giving rise to a claim for indemnity under §2.1 or
§2.2 above.
ARTICLE III
COMPLIANCE WITH LAWS
TransRiver and Delaware County shall comply with all applicable local, state, provincial,
and federal laws. TransRiver shall also comply with work and Safety rules that have been prom-
ulgated by Delaware County to govern operations at the Delaware County WTE.
ARTICLE IV
INDEPENDENT CONTRACTOR
The work and labor required in the delivery of solid waste to the Delaware County WTE
shall be performed and furnished by or on behalf of TransRiver as an independent contractor and
under the sole supervision, management, direction,and control of TransRiver in accordance with
the terms and provisions of this Agreement. The work and labor required in the processing of
Acceptable Waste delivered to the Delaware County WTE shall be performed and furnished by
or on behalf of Delaware County as an independent contractor and under the sole supervision,
management, direction, and control of Delaware County in accordance with the terms and provi-
sions of this Agreement.
•
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 7 OF l l PAGES
ARTICLE V
PRICING
•r The price to be paid by TransRiver to Delaware County for Acceptable Waste delivered
by or on behalf of TransRiver to the Delaware County WTE shall be [Confidential] of the gross
amount received by TransRiver from the customer of TransRiver that is the source of the Ac-
ceptable Waste delivered by TransRiver under this Agreement. At reasonable times upon written
request, Delaware County shall have the right to audit the records of TransRiver for purposes of
confirming that payments to Delaware County by TransRiver are in compliance with this Article
V.
ARTICLE VI
PAYMENT . .
Delaware County shall invoice TransRiver monthly and each invoice shall be due ten
• days after issuance. TransRiver shall make payment to the address specified in such invoice by
wire transfer. Unpaid invoices shall begin to accrue interest on the tenth day after issuance and
each day interest shall accrue at the lesser of(i) a rate equal to two percentage points (2%) above
the prime lending rate quoted to substantial and responsible commercial borrowers on ninety day
loans by Chase Manhattan Bank,New York,NY(or its successor), or (ii) the maximum rate pro-
vided by law.
ARTICLE VII
NOTICES
Any notices from one party to the other parry required or permitted under this Agreement
shall be given in writing to the following addresses:
•
DELAWARE COUNTY-TRANSRI V ER MASTER WASTE DELIVERY AGREEMENT PAGE 9 Of 11 PAGES
If to Delaware County:
American Ref-Fuel Company of Delaware County, L.P.
•
c/o American Ref-Fuel Company
Attn.: Corporate Secretary
777 North Eldridge, 5th Floor
Houston, Texas 77079
If to TransRiver:
TransRiver Marketing Company, L.P.
Attn.: President
1101 Stewart Avenue
Garden City,New York 11530
with a copy to:
TransRiver Marketing Company, L.P.
Attn.: Chairman of the Management Committee
757 North Eldridge
Houston,Texas 77079
Either party may change its address for notices by giving notice to the other party as provided in
• this Article VII.
ARTICLE VIII
TERM
This Agreement shall continue in force and effect until terminated as herein provided.
Either party-may terminate this Agreement by providing the other party thirty (30) days prior
written notice. BFI Energy Systems of Delaware County, Inc. ("BFI-ESDC'D, one of the general
partners of Delaware County, and TransRiver, hereby agree that Air Products Ref-Fuel of Dela-
ware County, Inc., another general partner of Delaware County, has the absolute right at its sole
option and discretion to terminate this Agreement on 24 hours' prior written notice to TransRiver
and BFI-ESDC.
•
DELAWARE COUNTY-TRANSRI VER MASTER WASTE DELIVERY AGREEMENT PAGE 9 OF I i PAGES
ARTICLE IX
ASSIGNMENT
• r Neither party may assign its rights and obligations under this Agreement, without the
prior written consent of the other party.
ARTICLE X
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties hereto and can-
cels and supersedes all prior negotiations, representations, understandings, and agreements, either
written or oral, with respect to the subject matter hereof. No changes, alterations, or modifica-
tions to this Agreement are binding upon a party to this Agreement unless in writing and signed
by the party sought to be bound.
ARTICLE XI
JOINDER OF BFI-ESDC
•
BFI-ESDC joins in the execution of this Agreement solely for the purposes of consenting
to the termination rights set forth in the last sentence of Article VIII.
Executed as of the date first written above.
'AMERICAN REF-FUEL COMPANY OF DELAWARE COUNTY,L.P.
BY:
PAUL J. VARELLO
Chairman and CEO
TRANSRIVER MARKETING COMPANY,L.P.
BY:
• LYNN JOHNSTON
President
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 10 OF I 1 PAGES
BFI ENERGY SYSTEMS OF DELAWARE COUNTY, INC.
BY:
BRUCE I. HENDRICKSON
President
•
•
DELAWARE COUNTY-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE I 1 OF I I PAGES
EXHIBIT I
QUANTITY: As requested by Delaware County from time to time for delivery to the Delaware
County WTE.
SERVICE TYPE:
Deliveries of solid waste by TransRiver are interruptible at the sole discretion of
Delaware County but not arbitrarily.
RIGHTS OF INSPECTION:
Delaware County reserves the right to and shall cause inspection on a random basis
of incoming waste vehicles delivering TransRiver solid waste. The results of all
such inspections will be recorded and Delaware County shall notify TransRiver of
any solid waste delivered by or on behalf of TransRiver that is not Acceptable
Waste.
•
•
EXHIBIT I TO MASTER WASTE DELIVERY AGREEMENT PAGE I OF 1 PAGE
ESSEX-TRANSRIVER
MASTER WASTE DELIVERY AGREEMENT
This Agreement is entered into as of the 1st day of October, 1995, by and between
TRANSRIVER MARKETING COMPANY, L.P., a Delaware limited partnership with offices at
1101 Stewart Avenue, Garden'City, New York 11530 ("TransRiver"), and AMERICAN REF_
FUEL COMPANY OF ESSEX COUNTY, a New Jersey general partnership with offices at 183
Raymond Blvd.,Newark,N.J. 07105 ("Essex")
PREAMBLE
1. Essex operates a waste-to-energy facility located in the State of New Jersey (the "Essex
2. The Essex WTE requires significant and near continuous volumes of solid waste to oper-
ate efficiently.
3. TransRiver has the marketing ability to provide the Essex WTE with the volumes of solid
waste as may be requested by Essex from time to time during the term of this Agreement.
4. TransRiver and Essex have negotiated a brokerage agreement for TransRiver to supply
solid waste as may be requested by Essex to meet the requirements of the Essex WTE,
and TransRiver and Essex desire to reduce this agreement to writing.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each party
hereunder,TransRiver and Essex hereby agree as follows:
ARTICLE I
DFL IVERY AND ACCEPTANCE OF ACCEPTABLE WASTE
¶A. Delivery & Acceptance: TransRiver shall use commercially reasonable business efforts
to deliver Acceptable Waste (as defined below) in the amounts and at the times requested by Es-
ESSEX•TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE I OF I I PAGES
WATJP:\WPDATAIESSE TR5.DOC REVISION NO.10,LAST REVISED ON SEPTEMBER 27,1995 AT 10:45:00 AM
• sex for the Essex WTE and Essex shall use commercially reasonable business efforts to cause the
receipt and disposal of all Acceptable Waste that TransRiver delivers as requested by Essex to
the Essex WTE. For the purposes hereof, "Acceptable Waste" means that portion of solid waste
that (a) is collected and disposed of as part of municipal waste collections, including garbage,
trash, rubbish and refuse, (b) is commercial and industrial solid waste that can be legally and
physically processed by the Essex WTE, or (c) is described in the state regulations specified in
Exhibit I attached hereto and made a part hereof for all purposes. Any components or portions of
solid waste shall not be Acceptable Waste hereunder if(i) processing such components or por-
tions does or would cause the Essex WTE to violate any permit criterion applicable to the Essex
WTE, or (ii) such components or portions are hazardous waste., or (iii) such components or por-
tions have a reasonable possibility of posing a threat to health or safety or adversely affecting the
. operation or maintenance of the Essex WTE. Essex shall be entitled to reject any and all solid
waste delivered or attempted to be delivered by or on behalf of TransRiver that is not Acceptable
Waste, and TransRiver shall bear at its sole expense the cost of removing and disposing of all
solid waste that is rightfully rejected by Essex as not being Acceptable Waste.
¶B. No l.iabilify: Excepi for the obligation to use commercially reasonable business efforts
described in¶A above and as otherwise provided in this Agreement, there shall be no liability of
TransRiver to Essex for the failure of TransRiver to deliver to the Essex WTE Acceptable Waste
in the volume requested by Essex and there shall be no liability of Essex to TransRiver for the
failure of Essex to accept delivery of Acceptable Waste tendered by or on behalf of TransRiver in
compliance with volume deliveries requested by Essex.
¶C. h Obligation: Essex and TransRiver recognize that TransRiver, in arranging for deliver-
• ies of solid waste to the Essex WTE, does not and will not have the capacity to evaluate and de-
ESSEX.TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 2 OF 11 PAGES
• termine whether all such solid waste actually delivered to the Essex WTE is Acceptable Waste
and, therefore, Essex and TransRiver agree that, except for the obligation of TransRiver to bear
at its sole expense the cost of removing and disposing of all solid waste that is rightfully rejected
by Essex as not being Acceptable Waste, (i) TransRiver shall have no responsibility to Essex for
any damages, losses, fines, penalties, and charges suffered and expenses incurred by Essex due to
the receipt by Essex at the Essex WTE of solid waste delivered by or on behalf of TransRiver
that is not Acceptable Waste ("Non-Conforming Waste") .and (ii) Essex hereby waives any and
all rights, claims, suits, demands, causes of action, and awards of damages against TransRiver
that may arise from the receipt by Essex at the Essex WTE of Non-Conforming Waste. Essex
agrees to pursue any such rights, claims, suits, demands,causes of action, and awards of damages
that may arise from the receipt by Essex at the Essex WTE of Non-Conforming Waste against
• the generator of such Non-Conforming Waste rather than against TransRiver. In the event that
Essex elects to pursue the generator of Non-Conforming Waste, TransRiver shall cooperate with
Essex and take all reasonably necessary actions requested by Essex, including, but not limited to,
assignment of all rights, warranties, and indemnities that TransRiver may have in connection
therewith to enable Essex to pursue such rights, claims, suits, demands, causes-of action, and
awards of damages that Essex or TransRiver may have against the generator of such Non-
Conforming Waste.
ARTICLE II
INDEMNITY
¶A. Fqcex Indemnity of Obligations Under This AEreenlent: Essex shall, but not if prohibited
by law, protect, keep harmless and indemnify TransRiver and the partners of TransRiver and the
•
ESSEX-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 3 OF t I PAGES
parents, subsidiaries, and affiliate companies thereof, other than Essex (collectively, the
"TransRiver Group', from and against
(i) any and all claims, suits, demands, causes of action, awards of damages, or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
administrative bodies or through public or private action), arising either at law or in eq-
uity, and
(ii) all damages, losses, fines, penalties, charges, or expenses arising therefrom (including
reasonable attorney's fees, settlement costs, expenses and costs of investigation and court
costs),
arising by reason of any personal injury (including, without limitation, physical or mental im-
pairment, anguish, disease, or death of any person or persons :including, without limitation, any
employee or agent of Essex or TransRiver or it or their :subcontractors) property damage
(including, without limitation, existing or threatened environmental contamination) or actual or
alleged, existing or threatened claims, suits, causes of action, damages or orders (including,
without limitation, cease and desist, compliance, and clean-up orders, remedial actions or correc-
tive or preventative actions, groundless or not, sought or issued by judicial or administrative
bodies or through public or private action) that pertain to the activities of Essex, its employees
and agents, conducted pursuant to, or arising out of, the obligations of Essex under this Agree-
ment.
Essex Indemnity of Other Agreements: Essex shall, but not if prohibited by law, protect,
keep harmless and indemnify TransRiver and the partners of TransRiver and the parents, subsidi-
•
ESSEX-TRANSRJVER MASTER WASTE DELIVERY AGREEMENT PAGE 4 OF I I PAGES
• aries, and affiliate companies thereof, other than Essex (collectively, the "TransRiver Group"),
from and against the Indemnified Percentage(as defined in¶D below) of:
(i) any and all claims, suits, demands, causes of action, or awards of damages, or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
administrative bodies or through public or private action), arising either at law or in eq-
uity, and
(ii) all damages, losses, or expenses arising therefrom (including reasonable attorney's
fees, settlement costs,expenses and costs of investigation and court costs)
arising out of the obligations of TransRiver under any agreement: entered into by TransRiver for
the disposal of solid waste other than this Agreement and the similar separate Master Waste De-
livery Agreements ("MWDA") entered into by TransRiver of even date herewith with American
Ref-Fuel Company of Hempstead ("Hempstead'I, with American.Ref-Fuel Company of Niagara,
L.P. ("Niagara', and with American Ref-Fuel Company of Southeastern Connecticut
("Southeast").
IC. Limitation on Indemnity: No person or entity shall be entitled to indemnification under
this Article H if the claim or liability in question arises from (i) such person or entity not acting
in good faith and in a manner reasonably believed to be in or not: opposed to the best interests of
the party for whom such person or entity is acting on behalf of, (ii) the gross negligent acts or
omissions or willful malfeasance of such person or entity, or (iii) with respect to any criminal
action or proceeding, acts or omissions reasonably believed by such person or entity to be unlaw-
ful.
•
ESSEX.TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 5 OF I I PAGES
• ¶D. Indemnified Percentage: As used herein, the phrase `'Indemnified Percentage" means a
fraction expressed as a percentage, the numerator of which fraction is the aggregate number of
tons of Acceptable Waste processed at the Essex WTE that was delivered or caused to be deliv-
ered by TransRiver to the Essex WTE under this Agreement during the eight (8) calendar quarter
periods ending on the last day of the immediate prior calendar quarter that ended not less than
sixty (60) days prior to receipt by a party to this Agreement of written demand for indemnifica-
tion under this Article II, which 8 calendar quarter period is hereafter referred to as the "Base
Period" and which aggregate amount is hereafter referred to as the "Delivered Tons," and the de-
nominator of which is the sum of the Delivered Tons plus the Other Solid Waste, as hereinafter
defined. The phrase "Other Solid Waste" means the sum of the Delivered Tons calculated under
¶D of Article II of the MWDA for Hempstead, for Niagara, and for Southeast, plus the total
• number of tons of solid waste disposed of by or on behalf of TransRiver during the Base Period
to customers of TransRiver other than Hempstead, Essex,Niagara, and Southeast.
¶E. No Liability: Except as otherwise provided herein or in other agreements, neither Essex,
TransRiver, nor any other member of either the Essex Group or the TransRiver Group shall be
liable for any special, incidental, consequential, punitive or exemplary damages, whether arising
in contract, tort, strict liability, or in any other cause of action whatsoever. Except as otherwise
expressly provided herein, nothing in this Agreement is intended or shall be construed to confer
upon any party or third party, other than Essex and the Essex Group and TransRiver and the
TransRiver Group, any right, remedy, or claim under or by reason of this Agreement.
IF. Unavailability of Indemnity_: The indemnities otherwise provided to the TransRiver
Group in¶A and¶B above shall not be applicable nor available to any member of the TransRiver
• Group where another member of the TransRiver Group is contractually obligated under any other
ESSEX-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 6 OF I1 PAGES
• agreement, excluding, however, each of the MWDA's between TransRiver and Hempstead, Ni-
agars, and Southeast, to indemnify any other member of the TransRiver Group or Essex for the
same circumstances giving rise to a claim for indemnity under¶A or¶B above.
ARTICLE III
COMPLIANCE WITH LAWS
TransRiver and Essex shall comply with all applicable local, state, provincial, and federal
laws. TransRiver shall also comply with work and safety rules that have been promulgated by
Essex to govern operations at the Essex WTE.
ARTICLE IV
INDFPENDENT CONTRACTOR
The work and labor required in the delivery of solid waste to the Essex WTE shall be per-
formed and famished by or on behalf of TransRiver as an independent contractor and under the
sole supervision, management, direction, and control of TransRiver in accordance with the terms
and provisions of this Agreement. The work and labor required in the processing of Acceptable
Waste delivered to the Essex WTE shall be performed and famished by or on behalf of Essex as
an independent contractor and under the sole supervision, management, direction, and control of
Essex in accordance with the terms and provisions of this Agreement.
ARTICLE V
PRICING
The price to be paid by TransRiver to Essex for Acceptable Waste delivered by or on be-
half of TransRiver to the Essex WTE shall be eighty-five percent (85%) of the gross amount re-
ceived by TransRiver from the customer of TransRiver that is the source of the Acceptable Waste
• delivered by TransRiver under this Agreement. At reasonable times upon written request, Essex
ESSEX-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 7 OF 1 l PAGES
• shall have the right to audit the records of TransRiver for purposes of confirming that payments
to Essex by TransRiver are in compliance with this Article V.
ARTICLE VI
PAYMENT
Essex shall invoice TransRiver monthly and each invoice shall be due ten days atter issu-
ance. TransRiver shall make payment to the address specified in such invoice by wire transfer.
Unpaid invoices shall begin to accrue interest on the tenth day after issuance and each day inter-
est shall accrue at the lesser of(i) a rate equal to two percentage points (2%) above the prime
lending rate quoted to substantial and responsible commercial borrowers on ninety day loans by
Chase Manhattan Bank,New York,NY (or its successor), or (ii) the maximum rate provided by
law.
. ARTICLE VII
NOTICES
Any notices from one party to the other party required or permitted under this Agreement
shall be given in writing to the following addresses:
If to Essex:
American Ref-Fuel Company of Essex County
c/o American Ref-Fuel Company
Attn: Corporate Secretary
777 North Eldridge, 5th Floor
Houston,Texas 77079
If to TransRiver:
TransRiver Marketing Company, L.P.
Attn: President
1101 Stewart Avenue
Garden City,New York 11530
• with a copy to:
ESSEX-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT - PAGE 9 OF 11 PAGES
• TransRiver Marketing Company, L.P.
Attn: Chairman of the Management Committee
757 North Eldridge
Houston, Texas 77079
Either party may change its address for notices by giving notice to the other party as provided in
this Article VII.
ARTICLE VIII
TERM
This Agreement shall continue in force and effect until terminated as herein provided.
Either party may terminate this Agreement by providing the ether parry thirty (30) days prior
written notice. TransRiver and BFI Energy Systems of Essex County, Inc., one of the two gen-
eral partners of Essex ("BFI-ESEC"), hereby agree that Air Products Ref-Fuel of Essex County,
• Inc., the other general partner of Essex, has the absolute right at its sole option and discretion to
terminate this Agreement on 24 hours' prior written notice to TransRiver and BFI-ESEC.
ARTICLE IX
ASSIGNMENT
Neither party may assign its rights and obligations under this Agreement, without the
prior written consent of the other party.
ARTICLE X
ENTIRE A . E.EMENT
This Agreement constitutes the entire understanding between the parties hereto and can-
cels and supersedes all prior negotiations,representations, understandings, and agreements, either
written or oral, with respect to the subject matter hereof. No changes, alterations, or modifica-
•
ESSEX-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 9 OF I I PAGES
tions to this Agreement are binding upon a party to this Agreement unless in writing and signed
by the party sought to be bound.
ARTICLE XI
JOINDER OF BFI-FSF. .
BFI-ESEC joins in the execution of this Agreement solely for the purposes of consenting
to the termination rights set forth in the last sentence of Article VIII.
Executed as of the date first written above.
AMERICAN REF-FUEL COMPANY OF ESSEX COUNTY,INC.
BY:
. VARELLO
•! Chairman/President
TRANSRIVER MARKETING COMPANY,L.P.
BY: �
L JOHN TON
President
BFI ENERGY SYSTEMS OF ESSEX COUNTY,INC.
BY:
BRUCE I. HENDRICKSON �1Y
President
•
ESSEX-TRANSRIYER MASTER WASTE DELNERY AGREEMENT PAGE 10 OF I I PAGES
FXH03IT I
QUANTITY: As requested by Essex from time to time for delivery to the Essex WTE.
• SERVICE TYPE:
Deliveries of solid waste by TransRiver are interruptible at the sole discretion of
Essex but not arbitrarily. Essex will give fust priority to the acceptance of Essex
County,New Jersey solid waste and New Jersey waste contracted for by the Essex
County Utility Authority ("ECUA'� over the acceptance of all other waste, such
that at no time will Essex reject Essex County waste or ECUA waste in favor of
any other waste if they are delivered or scheduled to be delivered at the same time.
STATE RFGULATTONS:
Acceptable Waste as defined in Article I of this Agreement includes the following
as to the state indicated:
• New Jersev: Solid waste described in identification numbers 10,23 and 27 (other
than the following subcategories set forth in identification number 27: non-
hazardous oil spill clean-up waste; dry non.-hazardous pesticides; dry non-
hazardous chemical waste; research and development process waste; asbestos-
containing materials such as ceiling tiles and insulation; and contaminated soils) in
Section 7:26-2:13(g)(1) of the regulations of the Division of Waste Management of
the New Jersey Department of Environmental Protection and Energy, as such
regulations may be amended or supplemented from time to time.
New York: As to deliveries of municipal solid waste, TransRiver shall only
deliver to the Essex WTE municipal solid waste from municipalities that have pre-
pared a comprehensive recycling analysis satisfying the requirements of 6 NY
• Code of Revised Regulations, Section 360-1.9(f) and have implemented any recy-
EXHIBIT I TO MASTER WASTE DELIVERY AGREEMENT PAGE I OF 2 PAGES
clable recovery program determined to be feasible:by that analysis, unless either (i)
another municipality has prepared such an analysis that NYSDEC has approved
• and such analysis addresses the waste stream of the municipality in question, or(ii)
a local solid waste management plan that addresses all components of the analysis
has taken effect.
RIGHTS OF INSPFCTION:
Essex reserves the right to and shall cause inspection on a random basis of incom-
ing waste vehicles delivering TransRiver solid waste. The results of all such in-
spections will be recorded and Essex shall notil.'y TransRiver of any solid waste
delivered by or on behalf of TransRiver that is not Acceptable Waste.
•
•
EMdBrr[TO MASTER WASTE DELNERY AGREEMENT PAGE 2 OF 2 PAGES
HEMPSTEAD -TRANSRIVER
MASTER WASTE DELIVERY AGREEMENT
This Agreement is entered into as of the 1st day of October, 1995, by and between
TRANSRIVER MARKETING COMPANY, L.P., a Delaware limited partnership with offices at
1101 Stewart Avenue, Garden City, New York 11530 (,"TransRiver'% and AMERICAN REF-
FUEL COMPANY OF HEMPSTEAD, a New York general partnership with offices at 600 Ave-
nue C at Stewart Avenue, Westbury,New York 11590 ("Hempstead's
PREAMBLE
1. Hempstead operates a waste-to-energy facility located in the State of New York (the
"Hempstead WTE").
2. The Hempstead WTE requires significant and near continuous volumes of solid waste to
• operate efficiently.
3. TransRiver has the marketing ability to provide the Hempstead WTE with the volumes of
solid waste as may be requested by Hempstead from time to time during the term of this
Agreement.
4. TransRiver and Hempstead have negotiated a brokerage agreement for TransRiver to
supply solid waste as may be requested by Hempstead to meet the requirements of the
i Hempstead WTE, and TransRiver and Hempstead desire to reduce this agreement to
writing.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by each party
hereunder,TransRiver and Hempstead hereby agree as follows:
•
HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE I OF I I PAGES
[RhMPAWPDATAUHDAPSDTR.DOC REVISION NO.1.LAST REVISED ON;SEPTEMBER 27,1993,u 10:22:00 AM
ARTICLE I
DELIVFRY AND ACCEPTANCE OF ACCEPTABLE WASTE
JA. Delivery & Acceptance: TransRiver shall use commercially reasonable business efforts
to deliver Acceptable Waste (as defined below) in the amounts and at the times requested by
Hempstead for the Hempstead WTE and Hempstead shall use commercially reasonable business
efforts to cause the receipt and disposal of all Acceptable Waste that TransRiver delivers as re-
quested by Hempstead to the Hempstead WTE. For the purposes hereof, 'Acceptable Waste"
means that portion of solid waste that (a) is collected and disposed of as part of municipal waste
collections, including garbage, trash, rubbish, and refuse, (b) is commercial and industrial solid
waste that can be legally and physically processed by the Hempstead WTE, or (c) is described in -
the state regulations specified in Exhibit I attached hereto and made a part hereof for all pur-
• poses. Any components or portions of solid waste shall not be Acceptable Waste hereunder if(i)
processing such components or portions does or would cause the Hempstead WTE to violate any
permit criterion applicable to the Hempstead WTE, or (ii) such components or portions are haz-
ardous waste, or(iii) such components or portions have a reasonable possibility of posing a threat
to health or safety or adversely affecting the operation or maintenance of the Hempstead WTE.
Hempstead shall be entitled to reject any and all solid waste delivered or attempted to be deliv-
ered by or on behalf of TransRiver that is not Acceptable Waste, and TransRiver shall bear at its
sole expense the cost of removing and disposing of all solid waste that is rightfully rejected by
Hempstead as not being Acceptable Waste.
¶B. No Liability: Except for the obligation to use commercially reasonable business efforts
• described in ¶A above and as otherwise provided in this Agreement, there shall be no liability of
TransRiver to Hempstead for the failure of TransRiver to deliver to the Hempstead WTE Ac-
HEMPSTEAD-TRANSR[VER MASTER WASTE DELIVERY AGREEMENT PAGE 2 OF 1 I PAGES
ceptable Waste in the volume requested by Hempstead and there shall be no liability of Hemp-
stead to TransRiver for the failure of Hempstead to accept delivery of Acceptable Waste tendered
by or on behalf of TransRiver in compliance with volume deliveries requested by Hempstead.
¶C. No Obligation: Hempstead and TransRiver recognize that TransRiver, in arranging for
deliveries of solid waste to the Hempstead WTE, does not and will not have the capacity to
evaluate and determine whether all such solid waste actually delivered to the Hempstead WTE is
Acceptable Waste and, therefore, Hempstead and TransRiver agree that, except for the obligation
of TransRiver to bear at its sole expense the cost of removing and disposing of all solid waste
that is rightfully rejected by Hempstead as not being Acceptable Waste, (i) TransRiver shall have
no responsibility to Hempstead for any damages, losses,-fines, penalties,-and charges suffered -
and expenses incurred by Hempstead due to the receipt by Hempstead at the Hempstead WTE of
• solid waste delivered by or on behalf of TransRiver that is not Acceptable Waste ("Non-
Conforming Waste's and (ii) Hempstead hereby waives any and all rights, claims, suits, de-
mands, causes of action, and awards of damages against TransRiver that may arise from the re-
ceipt by Hempstead at the Hempstead WTE of Non-Conforming Waste. Hempstead agrees to
- ---- - -- ----- -
pursue any such rights, claims, suits, demands, causes of action, and awards,of damages that may
'j arise from the receipt by Hempstead at the Hempstead WTE of Non-Conforming Waste against
the generator of such Non-Conforming Waste rather than against TransRiver. In the event that
Hempstead elects to pursue the generator of Non-Conforming Waste, TransRiver shall cooperate
with Hempstead and take all reasonably necessary actions requested by Hempstead, including,
but not limited to, assignment of all rights, warranties, and indemnities that TransRiver may have
in connection therewith to enable Hempstead to pursue such rights, claims, suits, demands,
•
HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 3 OF I1 PAGES
causes of action, and awards of damages that Hempstead or TransRiver may have against the
generator of such Non-Conforming Waste.
ARTICLE H
INDEMNITY
IA. Hemmed indemnity o_ f Obligations Under This Agreement: Hempstead shall, but not if
prohibited by law, protect, keep harmless and indemnify TransRiver and the partners of Trans-
River and the parents, subsidiaries, and affiliate companies thereof, other than Hempstead
(collectively,the"TransRiver Group',from and against
(i) any and all claims, suits, demands, causes of action, awards of damages, or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
• administrative bodies or through public or private action), arising either at law or in eq-
uity, and
(ii) all damages, losses, fines, penalties, charges, or expenses arising therefrom (including
reasonable attorney's fees, settlement costs, expenses and.costs of investigation and court
costs), — -
z arising by reason of any personal injury (including, without limitation, physical or mental im-
pairment, anguish, disease, or death of any person or persons including, without limitation, any
employee or agent of Hempstead or TransRiver or it or their subcontractors) property damage
(including, without limitation, existing or threatened environmental contamination) or actual or
alleged, existing or threatened claims, suits, causes of action, damages or orders (including,
• without limitation, cease and desist, compliance, and clean-up orders, remedial actions or correc-
tive or preventative actions, groundless or not, sought or issued by judicial or administrative
EJEMPSTEAD-TRANSRNER MASTER WASTE DELNERY AGREEMENT _ PAGE 4 OF I I PAGES
bodies or through public or private action) that pertain to the activities of Hempstead, its em-
ployees and agents, conducted pursuant to, or arising out of, the obligations of Hempstead under
this Agreement.
',B. Hempstead Indemnity of Other Agreements: Hempstead shall, but not if prohibited by
law, protect, keep harmless and indemnify TransRiver and the partners of TransRiver and the
parents, subsidiaries, and affiliate companies thereof, other than Hempstead (collectively, the
"TransRiver Group', from and against the Indemnified Percentage (as defined in¶D below) of:
(i) any and all claims, suits, demands, causes of action, or awards of damages, or orders
(including, without limitation, cease and desist, compliance, and clean-up orders, reme-
dial actions or corrective or preventative actions, whether sought or issued by judicial or
administrative bodies or through public or private action)„ arising either at law or in eq-
uity, and
(ii) all damages, losses, or expenses arising therefrom (including reasonable attorney's
fees, settlement costs, expenses and costs of investigation and court costs)
arising out of the obligations of TransRiver under any agreement entered into by TransRiver for
the disposal of solid waste other than this Agreement and the similar separate Master Waste De-
livery Agreements ("MWDA'D entered into by TransRiver of even date herewith with American
Ref-Fuel Company of Essex County ("Essex'D, with American Ref-Fuel Company of Niagara,
L.P. ("Niagara"), and with American Ref-Fuel Company of Southeastern Connecticut
("Southeast").
!,C. Limitation on Indemnity: No person or entity shall be entitled to indemnification under
• this Article II if the claim or liability in question arises from (i) such person or entity not acting
in good faith and in a manner reasonably believed to be in or not opposed to the best interests of
HVAPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 5 OF I I PAGES
• j the party for whom such person or entity is acting on behalf of, (ii) the gross negligent acts or
omissions or willful malfeasance of such person or entity, or (iii) with respect to any criminal
action or proceeding, acts or omissions reasonably believed by such person or entity to be unlaw-
ful.
ID. Indemnified Percentage: As used herein, the phrase "I:ndemnified Percentage" means a
fraction expressed as a percentage, the numerator of which fraction is the aggregate number of
tons of Acceptable Waste processed at the Hempstead WTE that was delivered or caused to be
delivered by TransRiver to the Hempstead WTE under this Agreement during the eight (8) cal-
endar quarter periods ending on the last day of the immediate prior calendar quarter that ended
not less than sixty (60) days prior to receipt by a party to this Agreement of written demand for
indemnification under this Article II, which 8 calendar quarter period is hereafter referred to as
the "Base Period" and which aggregate amount is hereafter referred to as the "Delivered Tons,"
and the denominator of which is the sum of the Delivered Tons plus the Other Solid Waste, as
hereinafter defined. The phrase "Other Solid Waste" means the sum of the Delivered Tons cal-
culated under ID of Article II of the MWDA for Essex, for Niagara, and for Southeast, plus the
total number of tons of solid waste disposed of by or on behalf of TransRiver during the Base
Period to customers of TransRiver other than Hempstead, Essex, Niagara, and Southeast.
¶E. No Liability: Except as otherwise provided herein or in other agreements, neither
Hempstead, TransRiver, nor any other member of either the Hempstead Group or the TransRiver
Group shall be liable for any special, incidental, consequential, punitive or exemplary damages,
whether arising in contract, tort, strict liability, or in any other cause of action whatsoever. Ex-
cept as otherwise expressly provided herein, nothing in this Agreement is intended or shall be
construed to confer upon any parry or third party, other than Hempstead and the Hempstead
HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 6 OF I1 PAGES
•( Group and TransRiver and the TransRiver Group, any right, remedy, or claim under or by reason
of this Agreement.
!(F. Unavailability of Indemnity: The indemnities otherwise provided to the TransRiver
Group in¶A and¶B above shall not be applicable nor available to any member of the TransRiver
Group where another member of the TransRiver Group is contractually obligated under any other
agreement, excluding, however, each of the MWDA's between TransRiver and Essex, Niagara,
and Southeast, to indemnify any other member of the TransRiver Group or Hempstead for the
same circumstances giving rise to a claim for indemnity under¶A.or JB above.
ARTICLE III
COMPLIANCE WITH LAWS -
TransRiver and Hempstead shall comply with all applicable local, state, provincial, and
• federal laws. TransRiver shall also comply with work and safety rules that have been promul-
gated by Hempstead to govern operations at the Hempstead WTE.
ARTICLE IV
INDEPENDENT CONTRACTOR',
The work and labor required in the delivery of solid waste to the Hempstead WTE shall
be performed and furnished by or on behalf of TransRiver as an independent contractor and un-
der the sole supervision, management, direction, and control of TransRiver in accordance with
the terms and provisions of this Agreement. The work and labor required in the processing of
Acceptable Waste delivered to the Hempstead WTE shall be performed and furnished by or on
behalf of Hempstead as an independent contractor and under the sole supervision, management,
• direction, and control of Hempstead in accordance with the terms and provisions of this Agree-
ment.
HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 7 OF i I PAGES
( ARTICLE V
PRICING
The price to be paid by TransRiver to Hempstead for Acceptable Waste delivered by or
on behalf of TransRiver to the Hempstead WTE shall be eighty-five percent (85%) of the gross
amount received by TransRiver from the customer of TransRiver that is the source of the Ac-
ceptable Waste delivered by TransRiver under this Agreement. At reasonable times upon written
request, Hempstead shall have the right to audit the records of TransRiver for purposes of con-
firming that payments to Hempstead by TransRiver are in compliance with this Article V.
ARTICLE VI
PAYMENT
Hempstead shall invoice TransRiver monthly and each invoice shall be due ten days after
issuance. TransRiver shall make payment to the address specified in such invoice by wire trans-
fer. Unpaid invoices shall begin to accrue interest on the tenth day after issuance and each day
interest shall accrue at the lesser of(i) a rate equal to two percentage points (2%) above the prime
lending rate quoted to substantial and responsible commercial borrowers on ninety day loans by
Chase Manhattan Bank, New York, NY (or its successor), or (ii) the maximum rate provided by
s
law.
ARTICLE VII
NOTICES
Any notices from one party to the other party required or permitted under this Agreement
shall be given in writing to the following addresses:
•
HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 8 OF I I PAGES
If to Hempstead:
American Ref-Fuel Company of Hempstead
c/o American Ref-Fuel Company
Attn: Corporate Secretary
777 North Eldridge, 5th Floor
Houston,Texas 77079
If to TransRiver:
TransRiver Marketing Company, L.P.
Attn: President
1101 Stewart Avenue
Garden City,New York 11530
with a copy to:
TransRiver Marketing Company, L.P.
Attn: Chairman of the Management Committee
757 North Eldridge
Houston,-Texas 77079
Either party may change its address for notices by giving notice to the other party as provided in
this Article VII.
ARTICLE VIII
TERM
This Agreement shall continue in force and effect until terminated as herein provided.
Either party may terminate this Agreement by providing the other party thirty (30) days prior
written notice. TransRiver and BFI Energy Systems of Hempstead, Inc., one of the two general
partners of Hempstead ("BFI-ESH'�, hereby agree that Air Products Ref-Fuel of Hempstead,
Inc., the other general partner of Hempstead, has the absolute right at its sole option and discre-
tion to terminate this Agreement on 24 hours' prior written notice to TransRiver and BFI-ESH.
•
HEMPSTEAD•TRANSRNER MASTER WASTE DELIVERY AGREEMENT PAGE 9 OF I1 PAGES
•( ARTICLE IX
ASSIGNMENT
Neither party may assign its rights and obligations under this Agreement, without the
prior written consent of the other party.
ARTICLE X
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties hereto and can-
cels and supersedes all prior negotiations,representations, understandings, and agreements, either
written or oral, with respect to the subject matter hereof. No changes, alterations, or modifica-
tions to this Agreement are binding upon a party to this Agreement unless in writing and signed
• by the party sought to be bound.
ARTICLE XI
JOINDER OF BFI-ESH
BFI-ESH joins in the execution of this Agreement solely for the purposes of consenting
to the termination rights set forth in the last sentence of Article VIII.
Executed as of the date fust written above.
AMERICAN REF-FUEL COMPANY OF HEMPSTEAD
BY: L% ``/ /
J. VARELLO
Chairman/President
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HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE 10 OF II PAGES
• ( TRANSRIVER MARKETING COMPANY,L.P.
BY:
LYNN J STO
President
BFI ENERGY SYSTEMS OF HEMPSTEAD,INC.
BY:
BRUCE I. HENDRICKSON
President
:S
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HEMPSTEAD-TRANSRIVER MASTER WASTE DELIVERY AGREEMENT PAGE II OF II PAGES
EXIMrr I
• Q AI NTITY: As requested by Hempstead from time to time for delivery to the Hempstead WTE.
SERVICE TYPE:
Deliveries of solid waste by TransRiver are interruptible at the sole discretion of
Hempstead but not arbitrarily. Hempstead will give first priority to the acceptance
of Town of Hempstead solid waste and second priority to Town of Brookhaven
solid waste over the acceptance of all other waste.
STATE REGULATIONS:
Acceptable Waste as defined in Article I of this Agreement includes the following
as to the state indicated:
:. New v: Solid waste described in identification numbers 10, 23 and 27 (other_
than the following subcategories set forth in identification number 27: non-
• hazardous oil spill clean-up waste; dry non-hazardous pesticides; dry non-
hazardous chemical waste; research and development process waste; asbestos-
containing materials such as ceiling tiles and insulation; and contaminated soils) in
Section 7:26-2:13(g)(1) of the regulations of the Division of Waste Management of
the New Jersey Department of Environmental Protection and Energy,:as such
regulations may be amended or supplemented from time to time.
New York: As to deliveries of municipal solid waste, TransRiver shall only
deliver to the Hempstead WTE municipal solid waste from municipalities that have
prepared a comprehensive recycling analysis satisfying the requirements of 6 NY
Code of Revised Regulations, Section 360-1.9(f) and have implemented any recy-
clable recovery program determined to be feasible lby that analysis, unless either(i)
• another municipality has prepared such an analysis that NYSDEC has approved
EXFBBIT I TO MASTER WASTE DELIVERY AGREEMENT PAGE 1 OF 2 PAGES
and such analysis addresses the waste stream of the municipality in question, or(ii) -
a local solid waste management plan that addresses all components of the analysis
has taken effect.
RIGHTS OF INSPECTION:
Hempstead reserves the right to and shall cause inspection on a random basis of
incoming waste vehicles delivering TransRiver solid waste. The results of all such
inspections will be recorded and Hempstead shall notify TransRiver of any solid
waste delivered by or on behalf of TransRiver that is not Acceptable Waste.
�a
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EMBIT I TO MASTER WASTE DELIVERY AGREEMENT PAGE 2 OF 2 PAGES