SWDC asked to go slow on landfil

The Loudon County Commission is asking the Solid Waste Disposal Commission to put the brakes on the extension of a contract with Republic Services Inc. to operate the Matlock Bend Landfill.

At a special called meeting June 1, County Commission reviewed the proposed contract extension and discussed their concerns with members of the SWDC. The meeting was contentious at times with commissioners and members of the public sharing their thoughts outside the normal rules of order.

The contract would be an amendment to an agreement to operate the landfill first signed in 2007 which would expire in 2027. The amended agreement would expire in 2038. The SWDC has sole authority over the contract but has ben previewing the amended version to stakeholders including the county, Loudon and Lenoir City.

Commissioners discussed specific points of negotiation including which entity -the stakeholders or Republic — should control the fees charged to dump waste at the landfill and which entity would assume responsibility for closing cells and enforcement of the inter-local agreement.

SWDC commission member Pat Hunter spoke during public comment to say that she was not in favor of signing the extension. She said that the inter-local agreement that was created to authorize the SWDC and the management of the landfill puts the power to set tipping fees in the hands of the stakeholders.

“If we cannot enforce the current contract, what makes us think we can control the new contract?” she said.

She also said she was concerned about the cost of closing the landfill, originally estimated at $8 million but recently climbing to an estimated $13 million. Arguably the biggest improvement over the 2007 contract, some who have read the new contract believe it is not clear whether or not Republic will be responsible for the closing costs.

Hunter said that she had problems getting documents related to the landfill, despite the fact that she is a member of the SWDC. She also said that members of the SWDC were not receiving documents until shortly before the monthly meetings.

Commissioner Bill Satterfield said he wanted to know why a member of the SWDC could not get access to the documents, including minutes of the previous meetings, in a timely manner. He said that denying a member of the SWDC access to documents is a slap in the face to transparency. He also questioned whether the SWDC was in control of the contract.

“It’s a bad contract now and I can’t for the life of me understand why we would want to extend the contract,” he said.

Commissioner Kelly Littleton-Brewster, also chairwoman of the SWDC, said that the issue of access to information was raised by a citizen that attended meetings who wanted to have minutes of the meetings delivered to him on his schedule. She said she was not aware of any records that had been withheld from Hunter.

Pandora Vreeland, a Tellico Village resident, said the contract needed to be renegotiated. She said she thought the stakeholders should receive more of the revenue from the landfill.

“They starved us in the revenue, 5.5% won’t cut it,” she said, referencing the county’s share under the new agreement.

Vreeland also addressed the commission about the need to enforce the inter-local agreement, including prohibitions against collusion and penalties for non-compliance with the contract.

“I believe we need to lay down the law,” she said.

Vreeland mentioned reports that Republic tried to donate $500 to the political campaign of SWDC chairwoman Littleton-Brewster. She said the attempt to provide something of value to a member of the commission is a violation of the existing contract.

Littleton-Brewster, who did not run for re-election, said she never asked for, nor received, a donation from Republic. Inquiries made to Kevin Stevens, attorney for the SWDC, regarding the donation and its relationship to the non-collusion clause in the contract have not been answered.

Steve Field, the longest serving member of the SWDC, addressed commission about the criticism of the contract. He said that there are a lot of things in the contract he doesn’t like, but there are a few very important improvements in the new contract including switching liability for closure from the county to Republic.

He asked that those reviewing the contract look at what is being accomplished rather than criticizing shortcomings.

“What can you be for?” he asked.

Satterfield asked about the provision in the new contract that limits the origin of waste to within 75 miles of the landfill. He wanted to know how we can be certain that the waste is not coming from some place farther away.

Field said that origin reports track the source of all waste dumped in the landfill. He said that there is no way to be certain where the waste comes from because the landfill operators work on “the honor system.”

Commission chairman Henry Cullen said he could not understand why the SWDC was rushing into the contract extension when there was still five years left on the original contract. He said he thought the SWDC would have more leverage as it came to the end of the contract.

“I see no reason to rush into the contract,” he said. “I say put the heat on Santek (Republic).”

Commissioner Adam Waller asked why the county did not control the tipping fee when the inter-local agreement on which the management of the landfill and the contract with Republic is based states that the county is to control the tipping fee. He questioned county attorney Bob Bowman about whether it was legal to violate the inter-local agreement.

Bowman confirmed that the agreement did give control over tipping fees to the county. He said he wasn’t sure why control of the tipping fee was given over to the contractor. He also said that there was nothing in the agreement that prevented the county from delegating control over the tipping fee to another party.

Santek/Republic was setting fees too low for some large customers. Those customers are no longer using the landfill. He said he didn’t think there would be an issue of the fees being too high because there is competition among landfills and most rates are negotiated.

SWDC commissioner Larry Jameson said that the purpose of the contract extension was to get a better deal for the county. He said the SWDC had worked diligently toward that purpose. He said he valued the opinion of county commission and would also consider the opinions expressed by the other stakeholders. He added that he would fight any attempt to sell the landfill.

Commissioner Matt Tinker asked if Jameson thought Republic would continue to negotiate the contract, particularly issues such as the tipping fee. Jameson said that Republic had walked out of previous negotiations over some of the issues raised by those who want to stop the contract.

Tinker asked that the members of the SWDC try to understand the concerns of the county commissioners and continue to negotiate the areas of the contract that were being discussed.

SWDC member Tammi Bivens, who also represents stakeholder City of Loudon, said she would attempt to address the issues raised.

“I didn’t come here just to brush off your concerns,” she said.