Minutes of the Board of Directors Meeting
August 16, 2002

The Board of Directors of the Lancaster County Solid Waste Management Authority met on Friday, August 16, 2002 at 7:30 A.M. at the Authority office, 1299 Harrisburg Pike, Lancaster, PA.

ATTENDANCE

Board of Directors present were: Chairman Ebel, Frost, Hammel, Houck, Kassees, Musser, Rosier, Snoke and Wood. Staff present were: Warner, Buller, Forster, Lausch, Norris, Olson, Zorbaugh and Dougherty. Also present were: Solicitor Alex Henderson of Hartman Underhill & Brubaker; Jim Klecko, Covanta Energy; Ad Crable, Lancaster New Era; and citizens as listed on the attached sign-in sheet.

APPROVAL OF THE MINUTES

Mr. Ebel asked if there were any additions or corrections to the minutes of the June 14, 2002 meeting. Mr. Musser noted that on page 4 John M. Wright, Sr. should be Joseph M. Wright Sr. Mr. Frost moved that the minutes be approved as corrected. Ms. Hammel seconded. Mr. Ebel called a vote; the motion passed unanimously.

PUBLIC COMMENT

Mr. Ebel opened the meeting for public comment. Members of the public who wished to speak, were asked to step to the podium so that the comments would be recorded from the microphone.

Mary Glazier (269 Chestnut Grove Road) commented that the new meeting room was more comfortable, but wished arrangements had been made to allow staff to face the public, as well as the Board of Directors.

Ms. Glazier went on to relay an incident in which she picked up trash that spilled out of trucks with untarped loads. The license plate was noted and the police notified. The police relayed the information that a special detail had been deployed at the landfill for untarped loads. Additionally, the Authority had requested Manor Police to direct their attention to this matter.

Ms. Glazier suggested that the $50 fine, allowed for in the Authority's Rules and Regulations, might be applied in such cases.

Ms. Glazier expressed an interest in knowing where non-licensed haulers originate from..She asked if the Request for Information form could be posted on the website. She asked why she was not allowed to take the tape of the last board meeting out of the office to make a dub.

Mr. Warner said that he had spoken with the Authority's solicitor regarding that matter, and was advised that until the tape was a matter of public record, and approved as minutes, it could not leave the premises.

Ms. Glazier asked if she would be able to take the tape to get it copied, now that it was a matter of public record.

Mr. Ebel said the matter would be discussed with the Solicitor, and an answer would be provided at the next meeting.

Ms. Glazier thanked Mr. Ebel, and asked that the tape be held until that time.

Rhea Cosentino (232 Oak Road) asked the Board if Mr. Warner had indicated that a 4th burner would be added to the incinerator.

Mr. Ebel said that it was not being considered at this time, nor had it been suggested by Mr. Warner.

Ms. Cosentino asked about the Authority's plans in regards to recycling.

Mr. Ebel reported briefly on his trip to Halifax, Novia Scotia and outlined some aspects of their program. He noted that the new foundation being created by PALE might be able to help the recycling effort in Lancaster County.

Mr. Warner added that the recycling direction was set by the County plan, and that it indicates a recycling rate of 35% of municipal wastes. He mentioned that one of the new initiatives was to work on the collection, shredding and composting of ‘woody waste'.

He added that another possibility being considered by the Authority would be to purchase a wood grinder that could process such waste and be shared with municipalities.

Ms. Cosentino asked about LASA's plans to turn their biosolids into Class A biosolids.

Mr. Warner said that he knew of LASA's goal to create a Class A sludge, but nothing beyond that, and that no conversations had taken place between the two agencies.

Ms. Cosentino asked if the Authority's contract with LASA expires in 2007.

Mr. Warner confirmed that was correct. Mr. Warner said that once it expires, roles could be redefined and terms adjusted, or not. Mr. Warner explained that sludge management was something that the Authority considers, but is not at the forefront of its agenda.

Mike Bare (107 Chestnut Grove Road) noted that a landfill by Kennett Square had a large sign that said "No untarped loads accepted" and that the Authority might consider the same kind of sign at the landfill.

He also asked about the schedule of the feasibility study for the Creswell Re-use.

Mr. Warner reported that the study is underway, and that the CAC had a detailed briefing on it two days earlier, and that the entire study would probably take1 -2 years.

Mr. Norris added that, at the end of the year, some preliminary findings would be completed.

Mr. Warner added that exploratory borings had been done, indicating that initial assessments with regard to the site's suitability were relatively correct; that the site is favorable in terms of bedrock, depth to water, nature of the waste, etc.

Mr. Ebel directed the staff to examine the pros and cons of posting a sign at the entrance to the landfill.

Mr. Warner said that the staff would look into it. He commented that by the time someone is at the landfill to see the sign, it is already too late. He noted that although the Authority can issue a $50 fine, it lacked the ability to enforce payment. He added that the Transfer Station, typically on a Saturday, bears the brunt of the traffic brought on by residents bringing in their own trash that would otherwise go to the Landfill.

Mr. Ebel noted that the newspaper reporter present in the audience might do a story on the topic.

Mr. Warner said that it wasn't a case of litter blowing all over the host municipalities. The problem was with the resident who brought in a load very infrequently, and who subsequently forgets between trips about the tarping requirement.

Mr. Warner noted that the absence of a municipal contract collection can augment the problem of residents bringing in their own waste.

Mr. Boyer noted that littering was against the law, and that perhaps a few arrests might do more good than putting up a sign.

Mr. Warner explained that was why Manor police were contacted because they have greater powers of enforcement.

Pat LeMay (78 Sun Lane) asked that the Authority consider the sign because anyone turned away would learn the lesson not to arrive again with an untarped load.

Ms. Hammel asked if municipalities who turn people away have a higher incidence of illegal dumping.

Mr. Warner observed that when a load is turned away, it leaves the facility untarped; that it was better to issue a warning, but to get the waste off the truck in the proper manner.

Barbara May (100 Red Fox Road) asked if the recycling rate were to increase to hypothetically 70%, what would be the result at the Resource Recovery Facility.

Mr. Warner said that in today's material-market, and given the components of the municipal waste stream, a 70% recycling rate is unrealistic.

Mr. Warner noted that the recycling rate was staying at approximately 34 - 35% and that the waste stream was growing by 3.5% per year. That indicates that recycling was actually growing as it kept pace with the ever- increasing waste stream. He said a lot of programs in other areas were showing decreased recycling levels, but the good programs show a consistent performance from year to year.

Mr. Warner added that the policy of the Authority over the last 10 years had been to make sure that the Resource Recovery Facility had sufficient fuel to operate all three boilers. He reported that the 5-year business plan was being drafted and projections showed that less out-of-county waste would be coming into the Resource Recovery Facility as the waste from Lancaster County increased. He noted that if a huge spike in recycling was realized, the Resource Recovery Facility would have to maintain all its three boilers, per Authority policy, through a select importation of waste.

Ms. May asked if that meant more waste would be brought in.

Mr. Warner said that the Authority had been doing that for the last eight years.

Ms. May said the incentive for recycling therefore might not exist.

Mr. Warner replied that there was no disincentive for recycling because the market would dictate what can be recycled. Additionally, the most important economic incentive to recycling is higher disposal fees. So Lancaster County's system provides significant economic incentive for recycling above and beyond what is seen in other communities where tipping fees might be $25 or $30 a ton at a merchant landfill. The collection programs in the county are set up so that the municipalities have the direct incentive to recycle because for every ton they recycle that is one ton they save in disposal fees.

Mr. Ebel observed that in Halifax most of the 50% of waste that is not recycled is put in a landfill.

Mr. Warner said that Halifax uses considerably more landfill space than Lancaster, for a community that is smaller than Lancaster County.

Mr. Ebel added that the Resource Recovery Facility is a form of recycling because electricity is produced by incinerating waste.

Ms. Cosentino asked if she could discuss fluoride detects in groundwater monitoring at the Landfill with Mr. Norris after the meeting.

Mr. Ebel said that would be fine.

Ms. Cosentino asked if toothpaste was still being accepted at the landfill.

Mr. Warner responded that toothpaste is accepted at the Resource Recovery Facility, not at the landfill.

EXECUTIVE DIRECTOR'S REPORT - Mr. Warner reported on the following:

• Hauler Agreements - Meetings will be scheduled with the haulers for August and September to review the results of the Hauler Agreements over the past 5 years and introduce new Agreements for the next 5 years.
  
  
• Real Estate - Currently there are real estate issues with regard to properties near the landfill. Over the next several months a draft "Real Estate Management Plan" will be presented to address proposed future strategies to deal with the variety of properties in the area.
  
  
• Continuing with Waste Processing/Disposal Agreements - On motion by Mr. Frost, second by Mr. Rosier and unanimous vote, the Board approved the Executive Director to negotiate new Waste Processing/Disposal Agreements with haulers who delivered at least 100 tons of Municipal Waste to the Authority Facilities in the prior year. The term of the new Agreements may be up to 5 years in duration.
  
  
• Resolution No. 2002-6 - Mr. Warner asked the Board to adopt a form resolution required for the purchase of the Nissley property. This resolution would affect the settlement by deed in lieu of condemnation to avoid transfer taxes. Mr. Henderson read Resolution No. 2002-6 for the record. Mr. Wood made a motion to adopt Resolution No. 2002-6. Second by Mr. Frost.

Cabell Kladky (109 Chestnut Grove Road) asked about what happens to a piece of property after it had been purchased by the Authority.

Mr. Warner explained that in Mr. Nissley's situation he could remain in his residence, per his agreement with the Authority.

Ms. Kladky asked if they rent their home from the Authority.

Mr. Warner explained that in the option agreement, the homeowner could exercise his/her right to maintain residency, and to request a closing on the property whereby the Authority pays the owner the remaining 75% of the property, as it was valued in the agreement.

Ms. Kladky asked about who paid the taxes etc.

Mr. Warner said that under the agreement the Authority owns the property, but as long as the owner maintains residency, the owner must keep it insured and pay the local taxes.

Mr. Ebel called for the vote The Board unanimously adopted Resolution No. 2002-6.

• CFI Agreement to Purchase - Mr. Warner requested the Board approve the Agreement of Sale of Real Estate for the CFI Property. On motion by Mr. Snoke, second by Mr. Musser and unanimous vote the Board approved the CFI Purchase Agreement. The Authority's obligation to purchase the property is expressly subject to the Authority's securing all the necessary permits and "Brown Field" funding.

FINANCE DEPARTMENT - Ms. Olson reported on the following:

• LCSWMA Preliminary Results Actual vs. Budget - All Programs for the Month ended July 31, 2002.
  
  
• LCSWMA Accounts Receivable Report and Past Due Detail Analysis as of July 31, 2002.
  
  
• Approval of Disbursements - On motion by Mr. Musser, second by Mr. Frost and unanimous vote, the Summary of Disbursements for June 2002 in the total amount of $3,594,199 and for July 2002 in the total amount of $3,935,464 were unanimously approved.

ADMINISTRATIVE SERVICES DEPARTMENT - Mr. Lausch reported on the following:

• Summary Tonnage Report - During July, total revenue tons were 49,335 and total tip fee revenues were $2,876,516 which was slightly above budget. Total MSW was 34,299 tons or 5.09% over budget due to strong Construction/Demolition waste deliveries. The Resource Recovery Facility received 30,603 tons, down 6,151 tons from budget; and the Landfill received 18,579 tons, up 6,332 tons from budget. We have now received 328,058 revenue tons year-to-date, or 10,161 more tons than budgeted.
  

  & Solid Residual Waste - There were seven Waste Services Agreements completed in July. The largest contract finalized was with Armstrong World Industries, Inc. New three-year Waste Services Agreements were signed with Specialty Bakers, Bird-in-Hand Woodworks, Shank's Extracts, ITW Angleboard, Exide and the Columbia Waste Water Treatment Plant.
  
  

• Waste Transportation Safety Program (WTSP) - The Authority received an update on the timetable for implementation of the new waste transporter licensing program contained in Act 90, passed by the Legislature and signed into law by the Governor on June 29. Owners of waste transportation vehicles (trucks registered for more than 17,000 pounds and trailers registered for more than 10,000 pounds) that "regularly transport" municipal or residual waste to a processing facility in Pennsylvania are required to obtain written authorization from DEP by December 27, 2002. The registration fee is $100 per truck and/or $50 each truck/trailer combination. Waste processing and disposal facilities will be prohibited from accepting waste from vehicles that do not have a valid registration certificate. We have forwarded this licensing information to all of our customers.
  
  
• Recycling - Yard Waste - An overview of current and potential methods of managing yard waste in the County was presented by Tim Breneisen to the Lancaster Inter-Municipal Committee at their July meeting. The purpose of the presentation was to promote interest in inter-municipal arrangements for processing yard wastes, particularly the handling of shrubbery and tree trimmings as an additional component of municipal yard waste programs.
  
  
• Insurance - The Authority is in the process of renewing property and casualty insurance. Recommendations will be presented to the Board for approval in September.
  
  
• House Bill 2100 - This act takes effect on December 26, 2002. The bill amends the Act of June 21, 1957 referred to as the Right-to-Know Law. The Public Information Policy approved by the Board at the June Meeting will be reviewed for compliance with the amending act.

OPERATIONS DEPARTMENT - Mr. Zorbaugh reported on the following:

• Administrative - The staffing of a vacated position at the Transfer Station and the addition of staff at this facility, as well as at the Resource Recovery facility, continues to shift personnel within the organization.
  

  The Authority has applied for the appropriate authorization forms from DEP to license its truck fleet. The licenses fees will run $5,300. This license will require yearly renewal with the state.
  

• Facility Operations - All facilities operated well and within regulatory compliance through the month of July.
  

  For the second consecutive month, customer participation at the HHW Facility was at an all time high, with 550 participants dropping off materials in July. During 2002, the HHW Facility has served 1,000 more customers (35%) more than at this time last year.

  The Liquid Treatment Plant concluded routine acceptance of waste deliveries at the end of June.

  The Equipment and Maintenance staff repaired a hydraulic failure to compaction machine #3 at the Transfer Station. The repair spanned several days, however staff was able to have the machine available during peak delivery times during the day to minimize delays to customers.
  

• Safety Program - During the month of July, there was one notable accident to report at the Transfer Station. An employee was performing a task in front of the pit in Bay #1. A customer backed his vehicle into Bay #1 bumping the employee into the pit. The employee fell into the pit and received cuts and bruises. The accident was investigated by staff, and red and green lights have been installed to signal customers when they may enter a bay. A warning bell was also installed to ring if a customer enters the bay when the light is red. There has not been any lost time as a result of the accident.
  
  
• Purchase of a New Pickup Truck with Snow Plow - On motion by Ms. Hammel, second by Mr. Musser and unanimous vote, the Board awarded the contract for the purchase of a new Ford F-250 Pickup Truck with Snow Plow to New Holland Ford for the bid price of $22,763.
  
  
• Purchase of a New Landfill Compactor - On motion by Mr. Frost, second by Mr. Wood and unanimous vote, the Board awarded the contract for the purchase of a new 826G II Landfill Compactor to Cleveland Brothers Equipment for the bid price of $482,275. The sale of the used 826G landfill compactor was also awarded to Cleveland Brothers Equipment for the bid price of $161,000.

RRF CONTRACT ADMINISTRATION DEPARTMENT - Mr. Forster reported on the following:

• Site Operations - Electric revenues for July were $1,021,159, or $63,159 below budget. Revenues failed to meet budget expectations due to unscheduled outages for Units #1 and #2.

Unit #1 was brought down to repair six grate bars. It operated 97% of the time in July.

Unit #2 was brought down to repair a tube on the front wall. Covanta decided to proceed with the scheduled mini-outage for the unit. Total downtime for this outage was 58 hours. The second Unit #2 outage occurred when a tube in the roof of its 2nd pass failed. Covanta was able to fix the leak and bring the unit back within 61 hours. Unit #2's availability for the month was 93%.

Covanta processed 30,324 tons of waste in July, or 6% less than last month due to a 5% increase in the waste stream's higher heating value (HHV), which Covanta calculated to be 5,666 BTU's per pound.

• Regulatory Activities - Randy Weiss of DEP visited the facility on July 17th for his monthly operational inspection. There were no discrepancies noted in his report.

Final stack test results show that the facility remains in compliance with its Title V permit.

Final 2nd Quarter ash test results were submitted to PaDEP on July 25. The results were all below allowable levels.

During the month of July zero emission exceedances were reported to PADEP.

• Other Activities - The Elizabethtown wastewater treatment plant upgrade activities are nearing completion, including the final tank filling stage. There may be some interruptions to the flow to the RRF during this phase of the project, but this should not present a problem to boiler operations since the plant is designed to handle such events.

TECHNICAL SERVICES DEPARTMENT - Mr. Norris reported on the following:

• Capital Project Administration - ARM Group completed the Surface and Sub-Surface investigation (37 soil borings and installation of 20 landfill gas wells) for the Creswell Reuse Study.
  
  
• Consent Order - Working with the Citizens Group and Manor Township, Rettew Associates has begun work on the tree-lined buffer. The design will be completed in 2002 and the planting of trees will occur next year. Also, the well testing of all the additional contiguous landowners has been completed.
  
  
• FFLF Concrete Paving Project - Work on this project is expected to be completed by the end of the month. The mounting system for the Radioactive Monitoring Equipment will also be installed. When DEP's final approval is received, the final procurement of the Radioactivity Monitoring Equipment will proceed. The Authority has up to 4 months after receipt of DEP approval to install the equipment and begin this monitoring program.
  
  
• Cell 5 - ARM Group has completed their review of the bid documents and drawings are being assembled. Request for Qualifications have been distributed to 32 contractors. Bid documents will be available in October, with award of the bid in December and project start-up early in 2003.
  
  
• Facility Compliance and Assurance - The CW NPDES permit renewal was received in July. As a result of data collection and information storage, the Authority demonstrated to the Department that certain parameters proposed for monitoring have never been present in these wastewaters. Over the 5 year life of the NPDES permit, this will result in a $50,000 savings to the Authority as a result of this waiver.
  
  
• ISO 14001 Certification Project - Several meetings have been held with Gannett-Fleming regarding this project. We remain on schedule to complete the bulk of the work by year's end.
  
  
• Pennsylvania Drought - When the river flow at Harrisburg drops to 3,000 cubic feet per second (CFS), the Authority is required, by the SRBC, to augment that flow. The Authority has been in contact with Elizabethtown Borough, who owns the Cornwall Open Pit Mine, where the Authority would get water for this purpose. When the river flow gets to 3,000 CFS, Elizabethtown Borough will be notified and additional 600 gallons of water per minute will be pumped into the Conewago Creek.

Ms. Cosentino asked Mr. Norris to list the five different parameters that were waived by PADEP.

Mr. Norris stated the specific parameters were: alpha-terpineol, benzoic acid, para-cresol, phenol, and zinc.

CITIZENS ADVISORY COMMITTEE

The CAC met on August 14, 2002. They heard a presentation by Ned Wehler, ARM Group outlining findings to date on work relative to the Creswell Reuse Project. Also, Mr. Warner gave the members an update on the CFI Property and the Transfer Station Planning. The next meeting of the CAC will be held on October 23, 2002.

OTHER BUSINESS

Mr. Warner introduced Tim Breneisen, Recycling Manager and Julie Burt, Recycling Coordinator who recently earned the professional recycling certification sponsored by PADEP to promote professional standards for recycling managers . They had to complete 40 hours of course work to achieve their certification. Also noted was that there are only two counties in Pennsylvania that have two people with this certification.

Ms. Kladky asked if she could have a copy of the ARM Preliminary Study.

Mr. Warner said he would be glad to give her a copy, He added that he did give extra copies to Ms. Cosentino after the CAC meeting so she could share them.

Ms. Kladky asked if that was the same study as what goes to the Board.

Mr. Warner said yes it is the same.

Ms. Hammel requested that Ms. Buller provide a report to the Board of Directors on new programs and initiatives that she has started and have it included in the monthly report.

Mr. Rosier noted that he appreciated the recent tour of facilities.

EXECUTIVE SESSION

The Board went into Executive Session at 9:25 A.M. to discuss a specific real estate acquisition issue.

ADJOURNMENT

There was no other business to come before the Board. On motion by Mr. Frost, second by Ms. Hammel and unanimous vote, the Board meeting adjourned at 10:10 A.M.

APPROVED BY THE BOARD OF DIRECTORS OF THE LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY THIS 13TH DAY OF SEPTEMBER, 2002.

Lester O. Houck, Secretary