'-'<'--

,.,--

cSTA'l'EOF IIJL:tNOIS

,"""'T'n,>""U, OF 'GRUNDY,

, ". STATE

S A'r'fORNEY

'DAvIOWL NEA!.;,'

Petl tioht';!r

SNV~RONTft;CH,

INC.

and Illinois

Corporation, and CITY OF MOHRIS,

U ... LINors,

CO-Respondents

No.

PCB 92 207

The parties to this cause hereby stipulate that

~hey

entered

into a settlement agreement marked "Exhibit A", attached hereto and

incorporated herein

reference.

Said settlement agreement

contains an Intergovernmental Agreement bebveen the City of I1arris

and the County of Grundy and an Agreement between Env irantech, Inc.

and the County of Grundy.

Said

sett~ement

agrpement addresses the concerns of

state'~

Attorney David W. Neal and the County of Grundy as set forth in

their obj action to the approval of Environtech

Inc.

siting

request filed during the siting process,

The parties hereby stipulate that the request

Environtech,

Inc., for. location approval for regional pollution facility is

consistent with the Grundy County Solid Waste Management Plan based

upon the evidence set forth during the siting process and the

information included in the settlement agreement and the

agreement between

•

that all matters in

appeal

are

hi~reby

cornp::omised ai:.d

-stlpulate that this cause should be dismis,sed.

::~7 ~~;(;g~

DATE:

_.1~·

/ /-

NI{ BLACK

ATTORNEY fOR THE CITY OF MORRIS

ENVIRO~tEC.

Ii" JINe

//);,1

BY:

( ....

10-

I}.)

~·-I(:V)~.

+- /

--------

'qpHN CONDON

•

".._-.

J. / .

L- I

( ,-."

DA'fE :

. ./ /

------1----"-------

A'l"rORNEY FOR ENVIRON'rECH

INC.

PROF-I.E OF THE STNl'E 01" ILLH:fors

and

71Ht.::

COUNT.Y OF GRU1n:ry:

lIII,INOIS

9.~X

rel

GH,TJNDY cm.JN'I'Y

S'l'A'l'E

AT~rORNEY

DAVID W. NEAL,

Pet.i.tionet',

~~vn(ONTECH,

INC.,

!llinQis

(.O'I:po:t'.;\ t:t::Jl'l

and CI'l'Y.

Dr-'

t10RIUS,

IIJLI}JOIS"

CO-H-::.spondonts

PO~LurrJ.I)N

CON'l'fWL 8:)ARD

PC3 92

207

1'hh:: Agreement

t:)

-:luted this

_~_

day

:'QbnlcL:'Y

1993,

bebleel1

the ci ty

of MO?Tis

:liinois

r<u:licipa~.

COli.,nt',)'?:

~.on

an.d

/::"1':"

('(Jtl!1ty

of Grundy

an Illincis COUIT:Y.

t.ne

',; 7- ••

~',

~2;qUCSt

Grundy

and City of Morris have

"Exhibi

herein

reference; and

WH:EREAS{the

C(Jllnty of Gruncy and Environtech, Inc., hava

executed an Agreement marked "Exhibit. 8" attached hereto and

inCorporated herein

reference; and

WHEREl'\$, these agreements

addl~ess

the iSGues set forth in

state: s Attorney Neal's obj ection to Env irontech

Inc.

request

for location approval flled as public comment during the siting

process.

NOW, THEREFORE

in consideration of the forego ing, and of

their

mutual

covenants and agreements set forth here'in, the parties

agree as follows:

state's Atturney Neal moves for the dismissal of this

appeal with prejudice.

"Exhibit A", an Intergovernment.al Agreement bet\\reen the

City of

Morr.is

and the County

of Gr.undy,

and "Exhibit BO, an

Agreement between the County

Grundy

and

Environtech, Inc., are

hereby attach8d to this Settlement

Agn~ement

and inco:!:"porai:ed

herein by reference.

Environtech, Inc.

~;[;all

pay to the County Grur,dy the sum

- .-,

BOARD

•

_ •••

•

···~Ru'ND~~COuNTi'B'l'ATE'

SAT

.Omfls~

B~~t·

-_._-- DATE:

#.j.~_

CITY

BY:

•

III!biJ

thi.s

.~_~

._ day

an Illlnois r.runicip31 corporation, .,'

IlLinois county.

County

Grundy

has enacted a Solid wasta

Planpul'suant to Ill.

RBV.

stat.

~:l§

--/3°/.12.

NOV6llUber

lilHEREP .. S

it is in the urut.ual intci:est of the parties to

implement

the

Grundy

County

Solid

{Vust:€:

Mana(]9ment

Plan

immediat~lYi

and

WHER1~AS,

the city of

Mar-d.g

ha:"

enae~od

a landfill tax

pursuant to 111. Rev. stat., eh. 111 1/2, para. 1022.15; and

WHE:HEl\S, statutorily permissible uses of the landfill tax are

.::ons:i.stent.

,,,ith

the proposed

implelaentation

of the Grundy county

Solid WnGte Management Plan; and

WHEREAS ,the

city of liforr is has approved the request

Environtpch; Inc. for l.ocation approval of a regionai pollution

control facility; and

WHEREAS

David

vl.

Neal, Grt;.ndy County

S~:(lte

s Attorn.?y has

filed an appeal of the

C,ity's

approval of Environtech, Inc. 's

request: and

W!-IEREAS, state's At:tornf!Y Nc.11 has alleged

in part

that

tJv~

request for location <tpproval is not consis,tent \vith the Grlmdy

county Solid Waste

Man~g8ment

Plan; and

a!L&

/;.

.. in consideration of the foregoing

and agreements set, forth herein, the

1.'

I.K~ENTATION

OF GRUNDY COUNTY

~OLrD WAS'~~

~AG]lME:r~LAN

county of Grundy agrees to begin implementation of the

Grundy county Solid

l'laste

Hanag€ment Plan immediately.

In order

to implement the Grundy County Solid waste Management Plan it is

necessary to set forth an annual budget and the amount of financial

contributton

the city of Morris to the county of Grundy.

AWNU~L BUDGE~

During such time as the City of Morris is making an

agreed contribution to the implementation of the Grundy county

Solid waste Plan as set forth, the annual budget for the Grundy

county Solid Waste Management Plan shall be prepared

agreement

of the city of Morris and the county of Grundy. The budget for the

first five years of this agreement has been prepared and approved

by the parties. Said budget has been marked as "Exhibit All and is

attachctl hereto and incorporated herein

reference.

The procedure for resolving subsequent budget disputes is set

forth in paragraph 4{A) below and shall control all such disputes.

The City of Morris agrees to contribute financially to

1022.15.

helow

limitationf~,

the

City

a sum equal to thirty percent

collected by the City of Morris

for waste received

Environtech, Inc.

Paymetit shall be made .from the city of Morris to th(;'l

Grundy on a quarterly basis commencing .in April

1993.

Tll!? rate of payment (thirty percent of the total landfill tax

collected

the City of Morris from Environtech, Inc. for waste

received after February 28

1993) shall remain constant for a

period of five years.

The amount of the City's financial

contribution for the remaining term of this agreement shall be

determined as set forth belm.,.

During the enti.re life of this agreement, -the total

annual payment

the City of Morris to the County of Grundy during

any County fiscal year shall never exceed the total annual agreed

upon budget of the Grundy county Solid Waste Management Plan less

any state and federal grant or financial assistance and

otht~r

landfill tax received by the

Cou~ty

of Grundy for the purpcse of

implementation of the

Gr1).ncly

Countv Solid Hast.e r.lanagement. Plun for

that same fiscal year.

During the fifth year of this agreement, the City of

Morris and the County of Grunay shall commence negotiations to

the amount

following:

l),trhat the City of Morris

cont.ribution shall.

exoeed.30% of the total landfill tax collected by the

cit-yof Mor'ris from Envlrontech, Inc" and that the city

. of Morris contribution shall never exceed the annual

agreed upon budget less state and federal grants and

financial assistance and other landfill tax.

Any amendments to the Gru.ndy County Sol id Waste

Managr;nnent Plan. At such time as the Citizens Advisory

Committee makes recollunendations to the Grundy county

Board regarding amendment.:s to the Gr.undy County Solid

waste :t1anagementPlan

the

county

of Grundy shall provide

the recommendations to the City of Morris for review and

comment. 'rhe county of Grundy sha 11 consider any

comment by the City of "Morris \vhen determining vlhether

to implement the recommendations of the Citizens

Advisory committee.

The naturta and scope of the duties of the Sol id

Waste Coordinator.

The County of Grundy shall provide

the

city of Morris a copy of the job description of the

Solid Waste Coordinator upon the completion of drafting

said job description.

Annual agreed budget of

the

Grundy County Sol id

waste Management Plan.

Available sources of funding the Grundy County Sol id

Waste Management Plan. The County of Grundy shall exert

good faith efforts in applying for grants to assist in

funding the Grundy county Solid Waste Management Plan.

~~le

financial ability of the City of Morris and the

County of Grundy to contribute to the plan.

The need for the City of Morris to expend funds for

other statutory

llse~:;

of the landfill tax.

If the City of Horris and County of Grundy cannot reach

a~reement

on the City's financial contribution, the contribution

dispute resolution set fort,h in paragraph 4

(B)

below shall commence

~O%ofthe·En"ironteoh,

of~orria

and contributed

agr~ed

hudg'et of the Grul1dy .

Plan, less state and federal grants

and

landfill tax, then the city may cease

contribution for that fiscal year.

'l'he county

have a claim to tha.t portion of the landfill

1:qxcolleqted.

thE~

city Of Morris which exceeds the annual aqreed

budget, less state and federal grants and finanGial assistance and

landfill tax, for any fiscal year.

l\nnual

.. udi t

vTithin thirty days after the conclusion of the annual

Grundy county financial audit., the County of Grundy shall provide

to the city of Horris proof of the actual expenditunO>.s of the

Grundy County Solid \ilaste Management Plan. If actual expenditures

are less than the amount contributed by the City of Morris to the

county of

Grundy

the County shall reimburse the excess

contribution back to the City of Morris for deposit into the City's

designated landfill tax fund.

'{'he city of Morris and County of Grundy shall

attr~mpt

reach an agreed budget prior to the month of June of the fifth year

of this agreement

and each successive ye.ar. If there has been no

....

T77d

JJRa

g' ....

ures

//: ..

third representat1ve, by

indi.viduals shall submit a.

budg~t

County Board and city finance committees no later

that calendar year.

The city of 140rris and county of Grundy shall attempt to

reach an agreed amount for the cityfs contribution no later than

June of the fifth year of this agre.ement and for each successive

year. If there has been no agreement by June 1 of that year, the

City shall designate a representative and the County shall

designate a representative to further negotiate an agreement. Once

designated,

these

bvo

individuals

shall

choose

t.hird

representative,

agre.ement

to mediate the negotiations.

This committee of three individuals shall submit a

proposed financial contribution agreement to the Morris city

council and the Grundy county Board no later than August 1 of that

calendar year.

In no event can the amount of the city contribution ever

exceed the limitations set forth in paragraph 3.

~ULTI-~EAR

AGREEMENTS

Nothing in this agreement shall be deemed to preclude the

•••• ____ I •• _____ •• ____

_£L_III111ZM.'IIV%IIliiill!,.O-----.

-_.-

agreement.

agreement, the County of

landfill tax or similar tax upon

any other landfill in the corporate.

liniJtsof the city of ltforris. HOltlever

this agreemEmt shall not

:com~trued'to

limit the right of the County of Grundy to enact

such a tax for any landfill operation outside the City liro.its of

Morris which may be proposed follo\dng the date of this agreement.

Unless amended

mutual agreement of the part:ies, this

agreement shall be for a term cqJ.lal to the remaining

lifE~

Environtech, Inc., as set forth in their request for location

approval granted by the city of Morris on NOV8jnber 9, 1992.

However, if Illinois EPA denies Environtech, Inc.

reqtles.t for a permit for horizontal and vertical expa.nsion as set

forth in its request for location app:r:oval, ilnd sa id d'?nial becomes

final, then this agreement shall terminate and the County of Grundy

shall reimburse to the city of Morris all contributions paid by the

City to the county.

This agreement shall apply to and

binding upon the

city of Morris and Grundy County and upon their officers,

directors, successors, assigns, agents and agencies.

The

undersigned representative of each party certifies that he or she

It..,

/j'~)

Neal shall move to dismiss

pending

app~al

in case

#PC"J 92

207.

If this

vlith prejudice, then this Agreement shall be null

IN W:.C'l'NESS WHEREOF', the

part:i,es

have caused this Host

Agreement to be executed

their duly authorized representatives

on that date hereinabove set forth.

GRUNDY

C01~TY:

/ .. /' ,

~- -~~

BY:

".r/-l .... &f-?"1.

.. -

~A-~ ~n'-=:--=_-

DONAIJD KAUF'MAN

:;./

CHAIRMAN OF 'l'RE GRUN ,.

COUNTY BOARD

'Clerica~

Fringe.

Benefic~

Implement Record Keeping System

.Mileage & Expenses

(20,000 x .25 + $500.00)

Legal Sel:'v!ce;;

Public Information

(Advertising, publications &

education)

Local Grants Program

TOTAL

1993

35,000

36,750

38,600

'10,500

12,250

12,800

13,500

J4,200

15,000

15,750

16,500

17,350

5,250

5,500

5,800

6> 100

8,000

5,500

' 5

500

5,500

10,000

5,000

30,000

20,000

7.0,000

20,000

20;000

20,000

-----.----~-.-.------

.....

-~.------.-----

,000

121,300

124,900

]28 J50

132,600

into this 9th.'

on November 9, 1992, t11e City of

r~orris,

:tl:U.nQi:s.

("l1orl;i~n)

approved Environtech

s Request for S

i tEl

Location

l\pproval

of New

Regional Pollution Control FaJ;ili'ties

("Siting Hequest") concerning a proposed vertical an(l lateral

expansion of Environtech

s exilort.i.ng landfill in the Cit.y of

Horris ("landfill").

WHEHEAS, on November 9, 1992, Envirolltech and Morris

mitered

into

Host Agreement:

("Host

Agre_ement") .

WHImEAS

on November 10, 1992, the County adopted a

Solid Haste Management Plan (!lPlan").

WHERE.AS, t:l1e County has filed with the Illinois

PDllu-tion Control Board a Petition for

H(~c:ciliq

to Cont.est Sit::in;:

Approval in which the County claims in part that

Environ~ec}l's

Siting Request is inconsistent with the Plan,

an~

the

proceedinqs before the Illinois Pollu-tion ControL Board pur.suan-t:

to -the County's Petition have J:)('(;'!n

as~,i(.Jned

docket.

nuslthec

92-

~07

("PCB Proc8odingf;").

HHEREi\S, Environtech denie!:-, that ih--: Sit.ing RE.quost

inc~nsistent

with the Plan.

WHEHEAS,

Envi:t:t)nt.f~ch

and UiL! County

C;(~S).n~

-to

sc,:~:J.~

and

. }..l .

:i.nc

x_~tl_ng

t.!10:3(;;

u',latFd t.o t.he PCB Proceedin,:L.', and t.o

pL<Jvide

for tho;3""

a:~SllranCCi3

Environ tGch \'lhicll .ell\?

d.~'I:rnccl

necessary

t~H'!

l1li10.&

.lfiijjj

as follows:

, for and in consideration of the mutual.;.-

and other <;.rood and

receipt and sl.lff.i.ciency of v;hich

by the parties, Environtech and the County agree

For b;enty (20) year;;; from and after the

effective date of the Host Agreement., Envlrontech agrees to

provide disposal capacit:y at the landfill for all

non~hazardous

waste generated within Grundy county as is delivered daily to

the landfill for disposal, up to a maximum of

2589

cubic yards

per day based upon five days per week.

Environtech represents and vlarrants to the County

that it. reasonably believes that the proposed expansion of the

landfill, if permitted in accordance with existing plans, will

provide landfill capacity to enable Environtech to accept for

disposal at the landfill at least 13,420,000 cubic yards of

waste.

Environtech agrees to furnish to the County a signed

verification

fro~

the design engineer for the landfill

confirming the representation contained in this paragraph.

If at any time it can be shown that there is

insufficient disposal capacity in the landfill to ac.c.ommodate

the commitment cr;ntained in paragraph 1. of t.his Agreement and

provided that at least 2589 Gubic yards of wast:e per day frpm

Grundy County is delivered t.o t.he landfill for disposal,

Environtech Bhall cease acceptin(:,1 \Vaste from any source outside

the landfill.

waste.

Environtech agrees that for a period of t,.,enty

yearsi;rom and atter the date of. this Agreement, it will

restrict the lntake of vlaste at the landfill to the extent

neoessary to insure that in. no calendar quarter shall the total

waste disposed of at the facility exceed 460,300 cubic yards.

Er.virontech will deliver to the County on a

quarterly basis a statement of the total -volume of waste

accepted for disposal at the landfill in the immediately

preceding calendar quarter and will, on reasonable request and

prior notice from the County, penni

the county to examine such

daily l"€lcords as record the volume of waste received.

Environtech takes the position that the evidence

shoyls

that because of the unique location of its Morris lar..dfill

and other surrounding land uses, property values of the

surrounding properties have not been and will not be adversely

affected by the landfill operation and, therefore, no property

value guarantee program of the type envisioned by the Plan is

required. The County has revis'\...,ed the evidence presented during

the local siting proceeding.

Based upon the representations

made

Environtech in this paragraph, upon the findings by

Morris, and upon t.he COIUl.ty

revi.ew of the evidence present,ad

during the local siting proceeding, the County determines that

the policy concerns underlyi.ng t.lls requirement. for a property

no domest.i.c water vlells wi thin one

thousand'

the pl';'oposer3 landf.i.l1 expansion which are

. oW'ned

byorul1der option to and the control of Environtech

and

tbat under those '".!ircumstances, no domestic well \'later

protection plan of the type envisioned

,by

the Plan is required.

The County has revie,,,ed the evidence presented during the local

siting proceeding.

Based upon the representations made

Environtech in this paragrapl:, upon the findings

Horris, and

upon the review of the evidence presented during

'the

local

siting proceeding, the County determines that the policy

concerns underlying the requirement for a domesi-,le well water

protection plan have been satisfied

Environtech. The County

waives the requirelnent for submission of a formal domestic

~'lell

water protection plan.

The parties agree that paragraph 7 of the Host

Agreement between the City of Morris and Environtech, Inc.

satifies

the

rE"~quirements

of thE: plan for an environmental

contigency escrow fund.

Promptly following execution of this Agreement,

county will file witll the Illinois Pollution Control Board such

documents as are required to have the Board dismiss with

prejudice the PCB proceedings.

attorneys'

the event

that:

interest. in the

el'l'tity , Envircntech $hal1 promptly t.hereafter provide to

t.he County written notice identifying .the name and address of

the person or entity to whom ownership has been transferred.

12.

TM.s

agreement shall be binding upon Environtech,

its successors and assigns and all subsequent owners of the

landfill.

13. 'l'his agreement shall cansti tut:e a covenant

running with the land, and it is

en~orceable

by any and all

legal and equi.table remedies, includlng \</ithout limitat,ion,

specific performance. Environtech, Inc. agrees to execute any

additional documents which

lUay

be reasonably required by the

County to permit the agreemert to be recorded in the chain of

title.

).4. If any provisi.on or subsection of this Agreement

or the application thereof to any person or circumstances is

determined to be invalid by a court: having jurisdiction of t:he

parties cmd the matte:c, the remaining provisions of this

Agreement and/or their applicability to other persons or

circumstances f'hall not be affected thereby.

15. This Agreement shall apply to and be binding

upon the County and Envi rontech and upon their officE,rs,

& .. _____

I1 •• _______

rIlllI1l8111 ... _______ .....

... ,_

............ ____ ...

=_R __

___ "_._. __ . __ _

---.

c'r~p:resentandwarraut

,this

Agreement

are $ ign ing to

INvlITNESS WHEREOF

thE! parties have caused'this

tbb~

executed as of the date hereinabove set forth.

ENVIRONTECll., INC.

/ ..... >

/' /'

By:

-.-L.(.{,---

_____ .