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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. 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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-/_--------------------------------------------- -•-y 1-__--1_I.-�_ 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 } MAY 22 197 021:30 8148577675 PRGE.04 05/22/97 08:17 FAX 8148577875 005 • ACS/21N'1 y1 t VI \ l 997 I' T N/ I nyR IrtVYn.rNn 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 D5,'2;/1SS' °„ ::EPriART TR:M{N^u w. ^:y2 6 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 y{ t 45t Lic Ext O4/3O, ,.ya, Chute,, Cayar." y;c; ,Y .Y f-•�p�-per ,r'V����-�.. {.� n \��r Y `�'�_:: :tl V LT]I ,:T.1 .rY\n lrly IVef• yJrVr. \L.LI\ , I^ C.•\• LC•. `4 '1 -`. Nadel: Lic: X873399 ' Tarp;\Yn Fran e: F 4 S.^: E:v': 2y35Av 4213 $tete: PA Lic Exp: 04.3 !'S Chate: n w cu. Y 11740 �1945 EAST?F131ki Floc ' t 4t eh ft •: Y t .I � c 4( s ^9 rt'° { ,R . Color, IL4tlHi>. .,;A.'.LiftAx`Ia• N Largit .` 45 e2' S.• ^4�.: :4 Tau., :.. Fr i• :q T.~�.i . ., tip • a u - u . . is y '. y a :^ "99 Color {.�;`'•" +� .+ 3+'* 't `£ti_ 4,a a r SILVER rt'uh: icy '77 Q� .•.• IT'.'�..•'� ad` " `„4' w+$. . .. .s.YwC.�P.� : 4� ii4�Yr ,ni i ^^� . . : .�rze: .�4• ggy'xp, 2k. +i {{4 . 3 'tiL'. :}td ,5 a r6(1 •$c• ra6y� a {$`}96,:� « % l !"1 +'vw t`t" .Ai,.,`•41 RH tat x` 4v'41 {� . MAY 22 '97 08:35 8148577675 PAGE.13 05/22/97 08:17 FAX 8148577675 014 • 05/211997 01 KEPHART TRUCKING CO, -Palle : 13 A. $ yy t Egciprint 110arzatian (Manu-TB%, .......�OX ........SSG.6 it gLI I.i � '4P• ,t��r g_-t,-P',.____ t i99� • 5g. ...'s2}•.'e.•7'y FFvar '. 4 '�}A.f 4� •Gv:W'i 4ai ♦Yy c , . :t1P, 43 i} lk:' 'c is 4 1 . a7.61r q:K7• ,e'{' A.ccc..''1 L-ern{ IR;( + Ivyvy l�! ` i9ode : >ii e ; btu' fic: �Y,t bn4 -P4,A.. 4141' :1+ u,1 L Ps . 7srp:;f L.Y.LK x1830 1996 EAST MFG walking Floor Color; YYCLift {ole: N Length: 45 .. . : . ; .. �. 4• F: .p.;•,.'. I ; .Ie sats''' SRI;+1Elliiz �Ti�i ,z tee: PA : �;p F. _ , t s. • i•? "tg: 6 : r+ita a y !f. Lic Exp: 09/20/Tl' of 'Chutf�.;.?=.Ca Chute: paz. :i •eta .4 . 1101`1 ai.. _ 19'. ::d .fly..�'. e: }}j S t�{1 . ni V d• 1., � .. T i _ �' 1i S _a 1 i•SOt ^• S-: F::tr.� , • \ 1 J n01\Ily IW ,VVIV - ��w• - ' : 2I�'' :••'Y Model: Liz: YErAfle 5":: 1r.w.-n8;^BF19P.b �_ Tarp: Y Frame: F Stv.e., PA L:\ Ezp: 0!P/3t/97 1"1i N w-paC: Is n.Q° 7} � 1, 6 MF WG A'4•v !!5!• ng Flo t! k' • '' 1 �?.:'_..- • 1 x,LA� .;... gt• i sv v �!. a . .• ; t< IIiingFtaor gi ^. ' Colo +; a.:R. S.'.Q:• 5kUlb z ,_„ t 2 t .s1R1 . MU, .q>jbk� � d;��,Y.,y_ .w ' ' •��. c E ..��. L,ttAxle:.N •Length: A r.4S.." t �. v-i . rt. :ti. .. ..: .w37?n.45 C•/� :'ri 'G' :h15:4�! "r_: �.� . . . v . rH u; 1860 19% EAST MF$ 1_\1.1 �_, „Llxy Flaar r: Lrift ...1e-., N 1 p d� -� : nan Lerig"i}: :: : i�• `• 9iakid'•v ', rT.� . l d. A}.. '.� Kq^ .a't itl•.: : .. "i .'?' . i PA09,3:' `A III r--� -=' 2:. •'r1t i,w. 1 ?) r . "` � A ".i' i-.i3Y� •. 41:4:}4�.,.. u_s_\. �it1'AxtF`NZellg{1 , nwcr• LiC wu3Q::^ Tarp: Y Fr:Frc: F S/N: 7LiP1:28e.138100196 State: PA Lic Exp: 09,130/97 Chute: N C:pac: A ' , - ,.. ly.: w.t:• ...n\ ''1t ': �x^l . . `� g4 AC..l\ FIvuL.' j tNt r• t. 1; 1_ M:.t.: �' T }E Mode1LZ7 ,:• y3 5 Y,Jr nv1x. vS f,1, i4l. •.84T ., 1;D;,� Lic:.Y03801i1:`f '.'y •``` s ` 5�': *' yrl .1.1., « z ;: , . ' tris Fy . .y: Tarp: Yt, ;.Fralae: F vorc. n Lit. Ap. v ..fr• . I�vc: It '"" •'a tA'E 1•'�1¢ wyov., SIa49 1988 EAST MFG walking Floor Color: Lift Axle: N Length: 45 i s SIN:. IE1s .. p p . r5•, P�14X263t1hSO8PA9 { a• State: PA ' 't3's'•'• 09/ 3 a Ch ute: ..yi+. . ie" T. ? i .R'- .;=ii1••�Ja•• ''�. ?r "l�i'�: .,i.r :k:'. A- Model''+'•W+ 1104 Levet\ 1 J • .. . Model: Lic: 00012 S. 1E1P1;2E;936: Tarp: Y Frame: F State: PA L:c E.p: 09,1=91 Ca:a: N Cap:c: SR539 .1900 EAST MFG'- ' 1j4 1•`" ' ' qsa'y. 8Floi. Gor ar?' wfOKi +'' Li Qt Axle: N Lni • 45'}�. :•' : . • • c M v ..i1'; :..' ',iPU - orY: t»` d: Frill- , :F'.E ' 57550 1:1111 -It - Till, 2&9�?38. .E.�SP.<.-1.F'F2zG u'�£u�I\nk•v�•t cY r sIc rS:ij1i.,..S1„s-W_1i1:rC•.. [I w1,Fn1.ial arE • tie^m4Lai1rdPtY401i, ee -�pr, et`-.iL l. •'s; ame` Ip. `R •fi, It•R•/- YOW8 '. Ig-F1a Y Ytr • - ..Ily ryr,e:-M--iemgth����: o.le:• LEc: ;037596 SIN: lEI 131 08552 Tar;: T Fraa: F State: PA Lic Exp: 09/30/97 Chet ; e: N Capaz: 5M59 qe4 v�}•i.}i$�. �51i .. Y�'y . l•1•alkl •ala .. w-r_ v t Nyle ( 1 .' ^:ii : Yi.. ryF .r .a',$= \.L...r. k,'.L7yt:l: ,: 'r•: . . ali k03E016' i': 4 ' vevn:•vs Oak .l.ew. � na +:Rat• %bS4 ct GTifp: Y Frame: F � �i=,- t41•, \ 7 1994 EMIT µi1k; ag Floor Calor: Lift Axle: N Length:' I . 51Ye.sy, win > t�, T t A, 9 52ER0008254tnt x S afa tlit 1K NY g S UT Exp: 12%3I1 �4 '.CAut�e p•: i. 8 �•;:../ ,1 s@11 ,..; t ,t N. . Cal '.; .• 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) =-- �- - d .,: Tat,»• '�j'3j v -'- '. .. a _w_*"_ 'give. Pf•„^"'-- ! ,-'— ...' .�1 - -- t ✓%� tj�(yr � SU�1h,M r1}••iTT..�'• r a,,jy, j.1 S} .g.7 §.y ri /CAVI/Y , y% • •3`_[ :l'�VK,V,I�I,TR„':vG.i}�� Sy i P'" �}11S1:o ,y '^ '� LaVY.N.IR� ; eng;6; �+ '.4•' yler ',r..i Fr;i;`'F QQ9a9�"-S�aF:�9 ICIEY�^IZ7.,+I,c t.nYRE:�'—'C.yiC• ♦ . n'�44 5:'St 199' S9":T a::iry '- Floor "c:ar: a. ��Fr A;;la I: Layth: i�c, r ,. F1�xRa• 3 ' ar rare. l• S,+j:t',uRia'.c. !/1 VWWY J •¢} 1 ,l 'S .i O S1: . .-•. ( g {-: . L_:.E�r: .,2'3. 9 *.. °.^. . •fit,». 1' i 59 1 7��, tee§ Lot or,.ttS � .sy3.Y� i• i$!$ . ;i:�y :s;+ .-j 04 STATE 10E Lic: &:E293 Tarp: Y Frare: F SRf 115;;Rr00B396 State: NYLic Exp: 12x1/46 Chute: N Capac: ' 5,+„+ �„1 ' ' �.�lwwi{�sL Ae � }Eq l+'•• . ry P, or i{ w,F ' .'w yY -� vq}' •.'.''::Ni�L4A�.l.. 4 R4i- .a' �LN"e. 9676ZG:' i�YYY . . ';rs� Cir. lF 'Y•'y' ; nw,e. * wc�yl::'Y�@v •_ ' •.rnR . tigl,, TEz+1Mz-cE33° . 5 . =•t G �,<: . �gIk arp:��"p@'}t• Fra�e;;F•�.ss,�x� �: 94453 1994 SUMMIT Walking Floor Color: Lift Axle: N Length: ::fir " tI4S7•R: 1SBF�j52R00GS3 .., e' 'e: 171''ffi „ •t re'o�`a .'L ai is Exp:�1213iNfb. ." apac: .IB' * ..,• 7. tmlT Ila 00 41"1 1 .:E00 Model. STATEWIDE Lic: 967606 Tarp: Y rrame: F S/I:: R'�452:ACCt9Z`3 SUU: wy Lic Ex-: 12/$1/96 1 4'SL4f yt.za w... . 1k4 Od T1� b. . . PXI4: it L p.si: Su 1iR } Z` K��•5 *e�ytS ;�s 8 � {4 $ `�"g, . $ . 3[?� .. • . t` z5 �52iS000B3T d ria F '.'> `�• eeEp71T. u : 'r,gi'•'rrlt.}'QQq' yx,,�.•e' g•}». 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I g1y,, •�, a T:s 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 • 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 • 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 • EMBIT I TO MASTER WASTE DELIVERY AGREEMENT PAGE 2 OF 2 PAGES