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2020-046 Landfill Expansion PermitDate: May 1, 2020 Report No. 2020-046 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: City of Denton Landfill Expansion Permit Status – May 1, 2020 Update BACKGROUND: The City of Denton originally permitted a landfill at a site near 1527 S. Mayhill Rd. in 1984 to manage waste generated in and around the City of Denton. This site originally operated under State Permit 1590. The facility began accepting waste on March 13, 1985. The original pre- subtitle D landfill design included approximately 2.4 million cubic yards of air space and was estimated to have a life of 28 years. In 1996, the City of Denton amended the landfill’s waste permit to include additional space for disposal of waste. The Texas Natural Resources Conservation Commission approved MSW Permit #1590-A in 1997, which added 207 acres onto the permit limit, expanding the landfill to approximately 243 acres. The Landfill has continued operations under this permit since that time. As early as 2006, the Denton City Council approved and entered into contracts with engineering firms to evaluate the feasibility of expanding the existing permit and completing services in anticipation of that effort. Council approved efforts including but not limited to: • July 18, 2006 - Professional Services Agreement with RW Beck PSA for feasibility of landfill expansion • September 6, 2011 – Professional Services Agreement with CP&Y, Inc. for engineering services and consulting services associated with the expansion of the City of Denton’s Municipal Solid Waste Management facility • February 18, 2014 - Professional engineering services with CP&Y to perform preliminary activities regarding the amendment of the landfill permit • April 5, 2016 - Authorized a professional services agreement for engineering with Parkhill Smith and Cooper related to the preparation, development, and submittal of the Municipal Solid Waste Permit 1590A Amendment • January 10, 2017 – Authorized an agreement with Lloyd, Gosselink, Rochelle, & Townsend for legal services related to the permitting of the proposed expansion of the City’s Landfill • April 2, 2019 – Authorized a professional services agreement with Parkhill, Smith & Cooper to provide professional and engineering services in the preparation, development, and submittal of permit application and associated services required to secure a permit amendment for MSW Permit 1590B Date: May 1, 2020 Report No. 2020-046 An application for permit modification was submitted to the TCEQ in February 2017 to expand the footprint of the existing permit #1590A to include approximately 104 acres immediately north of the existing facility, providing an estimated 60 years of additional capacity at the facility, and inclusive of a source separated organics composting facility, a citizen’s collection area, and other, various waste processing operations at the facility. The City of Denton and its contracted engineering and legal consultants have worked closely with the TCEQ over the past 3 years to ensure that the submitted application has complied with the administrative rules of the State of Texas and that its design and operations will meet the highest standard of engineering, operation, and environmental protection. Throughout this time, the City has published notice, as required by law, and responded to questions, as well as presented information to interested groups, committees, and the City Council related to the application, the proposed operations, and generalized waste management concepts. To date, in excess of $10 million has been spent to support property acquisitions, studies and professional services, education, and outreach associated with the proposed permit amendment. DISCUSSION: On December 2, 2019, the City of Denton received notice from the TCEQ Chief Clerk’s Office stating the Executive Director had completed the technical review of the City’s application for landfill expansion, determined the application to be administratively and technically completed, and prepared a preliminary decision and a draft permit. The City published notice of this proposed activity within a prescriptive timeline set by the state. A public hearing, originally scheduled to be held on April 28, 2020, was postponed in response to COVID-19 social distancing protocols. The state has tentatively rescheduled the public meeting for June 25, 2020 and will be using an online, virtual meeting and telephony solution. Staff is working to publish the necessary public notices and will provide updates to the City Council as the date approaches. In anticipation of the public meeting, Texas Campaign for the Environment (TCE), a statewide environmental activist group, held meetings on February 12, February 26, March 12, and April 15 (via Zoom) to discuss their strategy for opposing Denton’s landfill permit modification. Staff has communicated to the TCEQ that the majority of the City Council is in support of the permitted expansion. In recent years, the City Council has provided direction to proceed with the landfill expansion during work sessions in February 2018 and January 2019. The Council also voted to approve change orders for engineering and legal services associated with the permit in April 2019 and January 2020. Should a permit amendment be awarded, the City of Denton Department of Solid Waste and Recycling will work with the City Council to obtain a Special Use Permit (SUP) to define operation hours, landfill height, screening and landscaping, and other locally controlled site operation parameters. Date: May 1, 2020 Report No. 2020-046 STAFF CONTACT: Brian Boerner Director of Solid Waste (940) 349-8001 Brian.boerner@cityofdenton.com REQUESTOR: Staff initiated PARTICIPATING DEPARTMENTS: Solid Waste and Recycling STAFF TIME TO COMPLETE REPORT: 1 hour