File #: 14-126    Version: 1 Name: WM Settlement & AmendLFAgr
Type: Agreement Status: Adopted
File created: 3/17/2014 In control: City Council
On agenda: 3/25/2014 Final action: 3/25/2014
Title: Communication from the Peoria City/County Landfill Committee and the Public Works Director with a Request to Approve the PROPOSED SETTLEMENT and AMENDMENT to the LANDFILL AGREEMENT with WASTE MANAGEMENT.
Indexes: Goal 1 - Financially Sound City , Have an efficient government., Keep taxes and fees competitive, Support sustainability
Attachments: 1. AGMT NO 14-126 Landfill Agreement, 2. WM Settlement Agreement andAmendment to Landfill Agreeme
ACTION REQUESTED:
Title
Communication from the Peoria City/County Landfill Committee and the Public Works Director with a Request to Approve the PROPOSED SETTLEMENT and AMENDMENT to the LANDFILL AGREEMENT with WASTE MANAGEMENT.

Body
BACKGROUND:
On December 26, 1996, the City of Peoria, County of Peoria and the Landfill Committee entered into a Landfill Agreement with Waste Management of Illinois. This Landfill Agreement outlined the services for the contractor to be responsible for operating Landfill #2 and the Landscape Waste Composting Facility. Services included: permitting, developing, operating and maintenance of Landfill #2; specified post-closure care for Landfill #1; and maintenance and security for the 447 acre tract of land.

When issues of the entrance road maintenance at the facility were brought to the Landfill Committee's attention, parties were not in agreement as to who was responsible which proceeded towards arbitration. State's Attorney Jerry Brady retained Attorney Timothy Bertschy, Partner at Heyl Royster, to represent the City and County's interest in litigation and negotiation proceedings. Through the process, the Landfill Committee members Ryan Spain (City Councilman) and Stephen Morris (County Board member) participated in the negotiations.

The Proposed Settlement addresses the following issues:
* Increased host fee paid by the operator from $1.50/ton to $2.15/ton with an annual increase
* City rebate with an annual increase
* Address soil stockpile agreement and establish specific guidelines
* Entrance road compliance and maintenance plan
* Yard waste operations
* Operating hours

The Proposed Settlement was approved by the Peoria City/County Landfill Committee on February 19, 2014.

FINANCIAL IMPACT:

NEIGHBORHOOD CONCERNS: N/A

IMPACT IF APPROVED: The Landfill Committee will move forward with the approved settlement.

IMPACT IF DENIED: The Landfill Committee's cash flow would be impacted and C...

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