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R.ANDOLPH COUNTY
BOARD OF COMMISSIONERS
Randolph County Office Building ■ 725 McDowell Road
Asheboro, North Carolina 27205 ■ Telephone 336-318-6300
Darrell Frye, Chairman
David Allen, Vice Chairman
Kenny Kidd
M.�txton McDowell
Hope Haywood
AN ORDINANCE APPROVING A SOLID WASTE FRANCHISE PURSUANT TO N.C.
GEN. STAT. §§ 153A-136 AND 130A-294(bl)(2)
WHEREAS, Randolph County issued a franchise to Waste Management of the Carolinas,
Inc. ("Waste Management") on April 7, 2014 for the construction and operation of a sanitary
landfill in Randolph County; and
WHEREAS, Waste Management has applied for modifications to the original franchise;
and
WHEREAS, pursuant to N.C. G. S. 130A -294(b1)(3), Randolph County gave more than 30
days' notice to the public of a public hearing that was held on February 11, 2019 after placing a
copy of the draft franchise in the public library; and
WHEREAS, the Board of Commissioners by a vote of 5-0 voted on March 11, 2019 to
approve the modified franchise; and
WHEREAS, the franchise has been presented to the Board of Commissioners for second
reading and approval on April 1, 2019.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the
County of Randolph, State of North Carolina, that the franchise to Waste Management of the
Carolinas, Inc. is hereby amended by this ordinance, adopted this 1 st day of April 2019.
Attest:
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ana Crisco
Clerk to the Board
Darrell Frye, Chairman
Randolph County Board of Commissioners
www.randolphcounrync.gov
AN ORDINANCE MODIFYING A FRANCHISE TO WASTE MANAGEMENT OF
CAROLINAS, INC. TO PERMIT, CONSTRUCT AND OPERATE A SANITARY
LANDFILL IN RANDOLPH COUNTY
SECTION 1. Grant of Franchise
(a) Randolph County is responsible for providing long-term, cost-effective means of
waste disposal for the citizens of Randolph County. The County has decided to
open a regional Subtitle D solid waste landfill facility to serve its citizenry and
surrounding counties and municipalities.
(b) Pursuant to authority established in N.C. Gen. Stat. §§ 153A-136 and 130A-294,
and pursuant to the procedures and requirements established in N.C. Gen. Stat. §§
153A-46, 130A-294(b1)(2), and the Randolph County “Ordinance Establishing
Procedures for the Application and Issuance of Franchises for Solid Waste
Facilities,” Randolph County (“County”) granted a franchise for the construction
and operation of a solid waste landfill to Waste Management of Carolinas, Inc.,
(“Waste Management”) subject to the conditions herein, on April 7, 2014.
(c) Upon application by Waste Management and after a duly noticed public hearing
and second reading, the County hereby removes the Section entitled “Renewal”
and modifies new Section 6(a) to clarify that this franchise applies only to the
eastern portion of the total site; new Sections 6(b) and 8(a) to modify daily
tonnage allowances; and Section 4 and new Section 9 to change the term of the
franchise to life-of-site. All other terms and provisions of the original ordinance
adopting this franchise not modified herein are reaffirmed.
(d) This modification of franchise is contingent upon the execution of appropriate
revisions to the operating agreement between the County and Waste Management.
SECTION 2. Extent and Limits on Franchise
(a) The County grants Waste Management an exclusive franchise for the following
activities:
(i) the permitting, construction and operation of a solid waste landfill
within Randolph County;
(ii) the operation and maintenance of the county’s convenience centers
and recycling centers, subject to existing contracts;
(iii) the hauling of solid waste from within and outside Randolph
County for disposal at the County’s landfill facility;
(iv) the recycling and resource recovery of materials in the waste
stream.
(b) The exclusive rights and privileges established in this franchise do not extend to
the following: existing landfills; construction and demolition debris landfills; land
clearing and inert debris landfills; or to decisions reserved by statute to Randolph
County municipal corporations to control the hauling and disposal of waste within
their municipal boundaries.
(c) The County does not grant Waste Management a franchise for the conversion of
landfill gas energy or any other waste-to-energy activities within the landfill
facility. Any activity involving (i) the collection, transport, disposal or processing
of solid waste or (ii) the conversion of solid waste into energy or for any secondary
use that is not specifically covered by this franchise shall be deemed excluded
from this franchise.
SECTION 3. Acceptance of Franchise
The execution by Waste Management of the Operating Agreement between the County and
Waste Management shall constitute an acknowledgement by Waste Management that it accepts
the terms and provisions contained herein.
SECTION 4. Term
Pursuant to N.C. Gen. Stat. §130A-294(b1), this franchise shall commence on and extend to the
life of the site as defined in Section 6(a) below from June 2, 2014, the date that Waste
Management and the County first executed an operating agreement for the permitting,
construction and operation of a solid waste landfill.
SECTION 5. Territory and Population to be Served
Waste Management may collect and receive permitted waste that is transported from within the
State of North Carolina for recycling or disposal within Randolph County. The population to be
served shall not exceed the population of the State of North Carolina as it increases or decreases
from time to time.
SECTION 6. General Description of the Proposed Sanitary Landfill
(a) The proposed Randolph County landfill facility is located in central Randolph
County adjacent to the existing closed Randolph County MSW Landfill, North
Carolina Solid Waste Permit (NCSWP) #76-01. The center of the proposed
Randolph County MSW landfill is located at Latitude: 35.752822°N and
Longitude: 79.755992°W. The proposed disposal site is bordered to the north by
the Deep River, to the west by the closed Randolph County landfill, to the south
by Henley Country Road, and to the east by Old Cedar Falls Road. The proposed
landfill is composed of several undeveloped parcels comprising approximately
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667 acres, approximately 200 acres of which are proposed as the waste disposal
unit. The footprint of the first phase of the proposed landfill is approximately 34
acres and is located on the southeastern side of the subject property. The first
phase of the proposed landfill will be designed to contain approximately ten years
of waste disposal and will occupy approximately 34 acres of the total 190-acre
waste footprint. The facility entrance will be located off of Old Cedar Falls Road
at the eastern corner of the landfill. This franchise extends to and covers only the
115 acre eastern portion of the landfill and does not extend to the western side of
the power lines crossing the facility.
(b) The landfill facility shall be served by an entrance road leading to scales for all
incoming waste. Waste will be deposited into lined cells, compacted, and covered
daily as required by law. Waste Management may receive, on average, up to
4,000 tons per day. Recycling and/or resource recovery is expected to occur
within the landfill facility. The beneficial use of landfill gas is also an expected
future activity. The proposed landfill facility will be permitted, constructed, and
operated in accordance with state and federal rules and regulations governing
Subtitle D facilities. The landfill shall have protective geo-membrane liner
systems, leachate collection, and environmental monitoring systems as required
by state and federal rules and regulations and the County issued Special Use
Permit.
(c) The County also owns four convenience centers and expects to have two more
constructed. The convenience centers shall be managed as local collection centers
for county citizens. This franchise extends to and includes these convenience
centers which are located in areas outside the landfill facility.
SECTION 7. Types of Waste Allowed
(a) The types of waste allowed in the waste stream shall be wastes defined by the
State of North Carolina as “municipal solid waste” and any other wastes allowed
by law and permit to be disposed of in a fully permitted municipal solid waste
landfill. Municipal solid waste shall include any solid waste resulting from the
operation of residential, commercial, industrial, governmental, or institutional
establishments that would normally be collected, processed, and disposed of
through a public or private solid waste management service.
(b) If the facility permit provides for limitations on the types of solid waste allowed,
Waste Management shall strictly abide by the permit requirements.
(c) Limitations on waste types contained in the Special Use Permit shall apply.
SECTION 8. Description of the Volume and Characteristics of the Waste Stream
(a) The volume of waste disposed shall not exceed an average daily intake and
disposal rate of 4,000 tons per day or a maximum daily intake and disposal rate of
5,500 tons per day to account for times when intake rates may peak, including
periods when emergency debris management is required after floods, hurricanes,
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tornados or other such events.
(b) The characteristics of the waste stream entering the landfill facility may include
all solid waste allowed by law, subject to limitations imposed by the facility’s
Special Use Permit and the facility permit. Unless limited by permit, Waste
Management may accept all typical waste streams for a fully permitted Subtitle D
landfill. Subject to limitations imposed by the facility permit and operating
agreement, Waste Management may construct a solidification pit that enables
Waste Management to accept liquid waste streams for treatment and disposal.
Recovered and recyclable materials and any recycled products shall be diverted
from the solid waste disposal facility to the extent reasonably feasible and required
by the County, state laws or the operating permit.
SECTION 9. Projection of the Useful Life of the Landfill
Based upon engineering calculations and other data, the useful life of the site as defined in
Section 6(a) above is projected to be approximately 12 to 15 years based upon an average daily
intake of 4,000 tons per day, with this franchise covering the life-of-site of the eastern 115 acres
described in Section 6(a). Waste Management accepts this estimate and acknowledges that this
calculation is based upon information currently available and assumes any risks that the useful
life could be less than projected.
SECTION 10. Procedures for Governmental Oversight
(a) The Randolph County Planning Department, acting in the normal course of
business, shall oversee compliance with the Special Use Permit issued by the
Randolph County Planning Board pursuant to authority bestowed by both general
statute and the Randolph County Zoning Ordinance.
(b) NCDEQ, pursuant to its own policies and schedules, shall oversee compliance
with the Permit to Construct and the Permit to Operate.
(c) The North Carolina Department of Transportation shall oversee compliance with
the terms of the landfill facility driveway permit and, in cooperation with the
Randolph County Planning Department, shall oversee road improvements as
required by the Special Use Permit.
SECTION 11. Regulation of Fees and Rates
Waste Management shall be responsible for setting landfill fees and rates. Fees and rates charged
for disposal of waste in the landfill facility may change from time to time and shall be fees and
rates determined by Waste Management to be commercially reasonable and competitive within
the industry as reflected by rates at privately owned or operated facilities in North Carolina.
Posted gate rates shall not exceed an approximate average of posted gate rates at similar,
privately owned or operated facilities in Piedmont North Carolina.
SECTION 12. Payments to Randolph County
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Waste Management shall pay Randolph County such payments, host fees, closure and post-
closure costs and other fees as set forth in the operating agreement.
SECTION 13. Compliance with Laws
Waste Management shall comply with all federal, state and local laws and permits regarding the
hauling and transport of solid waste and the construction and operation of the landfill and
convenience and recycling centers. Waste Management’s willful or intentional violation of
federal, state or local laws may grounds for revocation of this franchise.
SECTION 14. Franchise Non-Transferable
(a) This franchise is issued exclusively to Waste Management upon the County’s
determination that Waste Management has the requisite experience and financial
strength to permit, construct and operate a regional municipal solid waste landfill.
This franchise cannot be sold, transferred, leased, assigned, acquired or disposed
of, including, but not limited to, by force or voluntary sale, merger, consolidation,
acquisition, bankruptcy, receivership or other means to any other person or entity
except upon consideration and approval of the Board of Commissioners following
procedures established by law.
(b) Waste Management shall promptly notify the county of (1) any actual or proposed
change in or transfer of its ownership or (2) acquisition by any other party of
control of the company. The word “control” as used herein is not limited to
majority ownership but also includes operational control in whatever manner
exercised. A rebuttable presumption that a transfer of control has occurred shall
arise upon the disposal by Waste Management, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation devise or otherwise, of at least
50 percent ownership or controlling interest at one time or cumulatively over the
term of the franchise to a person or group of persons, corporation, partnership,
limited partnership, trust, limited liability, or company association. Any two or
more persons or entities which cumulatively own more than fifty (50) per cent of
the company and act in concert shall be considered one entity owning a majority
interest.
(c) The transfer, sale, lease, assignment or disposition of control of Waste
Management, including, but not limited to, by force or voluntary sale, merger,
consolidation, receivership or other means, shall make the franchise subject to
cancellation unless and until the county shall have consented thereto. For the
purpose of determining whether it shall consent to such transfer, sale, lease,
assignment or disposition of control of Waste Management, the county may
inquire into the legal, financial, character, technical and other public interest
qualifications of the prospective controlling party, and the proposed grantee shall
assist the county in any such inquiry. Failure to provide all information
reasonably requested by the county as part of its inquiry may be grounds for
denial of the proposed franchise transfer. After considering the legal, financial,
character, technical, and other public interest qualifications of the applicant, the
county may transfer and assign the rights and obligations of such franchise as may
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be in the public interest. The consent of the county to such transfer shall not be
unreasonably withheld, conditioned or delayed.
(d) Any approval by the county or transfer shall be contingent upon the prospective
controlling party becoming a signatory to the franchise and any operating
agreement or other agreement as required by the county.
(e) The requirements of the State of North Carolina pertaining to the transfer of
ownership or control of an entity possessing a solid waste permit are separate
requirements.
SECTION 15. No Recourse
Waste Management shall have no recourse whatsoever against the county or its officials, boards,
commissions, agents, subcontractors, vendors, or employees for any loss, cost, expense or damage
arising out of any provision or requirements of the franchise or because of the enforcement of
the franchise. This section does not apply to equitable relief.
SECTION 16. Forfeiture and Revocation
(a) This franchise may be revoked in its entirety or with respect to certain rights and
privileges upon (1) Waste Management’s default in the performance of any of the
material obligations under this franchise or the operating agreement after notice
and opportunity to cure as provided in the operating agreement; (2) Waste
Management’s willful violation of any orders or rulings of any regulatory body
having jurisdiction over Waste Management’s operation of the landfill after notice
thereof, continuing and not being remedied or reasonably addressed within 60
days of notice; (3) Waste Management’s commission of fraud or any unfair or
deceptive act or practice in its application for this franchise or as to the County
under this franchise or the operating agreement; (4) Waste Management’s
insolvency, inability, or unwillingness to pay any debts; or Waste Management is
adjudicated bankrupt; (5) Waste Management’s misrepresentation of a material
fact in the application for, or negotiation of the franchise or any extension or
renewal thereof.
(b) The procedures to be followed in the event of any of the reasons or bases for
default established in Section 16(a) above shall be the procedures set forth in
Section 8(b) of the Randolph County Ordinance Establishing Procedures for the
Application and Issuance of Franchises for Solid Waste Facilities. The decision
which results after completion of appeal procedures as set forth in Section 8(b)
shall constitute an exhaustion of administrative remedies.
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SECTION 17. Effective Date
This Ordinance shall become effective on April 1, 2019.
Clerk’s Certificate,
I, Dana S. Crisco, Clerk to the Randolph County Board of Commissioners, do hereby certify
that the foregoing ordinance was first introduced at the March 11, 2019, regular meeting of the
Randolph County Board of Commissioners, a quorum being present, and passed 5-0. The
Ordinance was presented for a second reading at the Commissioners’ April 1, 2019, regular
meeting, a quorum being present, and was duly adopted by a vote of 4-1.
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This the 1day of April 2019.
Clerk to the Board
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