2009-004 Solid Waste - UNC - Landfill Gas Agreement

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miles to the west of the Highway 86 exit from Interstate 40, alid approximately five (5) miles north of Chapel,Hill, at 1514 Eubanks Road, Chapel Hill, North Carolina, which consists of two land disposal areas, a "North" closed unit comprising about fifty (50) acres (the "North Landfill"), and a "South" operating unit comprising approximately twenty-five (25) acres and operated in four phases (the "South Landfill"). The South Landfill is currently operating in Phase 4 and is expected to reach capacity in the Spring of 2011; WHEREAS, waste acceptance records indicate that the North Landfill received about 1.2 million tons of waste during its operating period from 1972 to June 1995. The capacity of the South Landfill is approximately 920,000 tons; WHEREAS, Landfill Gas (as defined below), consisting principally of methane, carbon dioxide, nitrogen and traces of other constituent gases, is generated as a by-product of the decomposition of waste in the Landfill; WHEREAS, subject to the tei-~ns and conditions set forth in this Agreement, the County desires to grant to the University the exclusive right to design, develop, install and operate the LFG Project (as defined below) to process the Landfill Gas (and in particular, methane) and to convert LFG into one or more forms of energy, thereby reducing associated greei~liouse gas emissions from the Landfill, while at the same time generating power fiom a renewable energy source; WHEREAS, subject to the teens and conditions set forth in this Agreement, the University desires to have the exclusive right to design, develop, install, and operate the LFG Project, and to collect, extract, and remove LFG fiom the Landfill, and either to destroy such gas or to convert all or any portion of it into energy to supply part of the University's energy needs at its Carolina North Campus, or for any other lawful purpose; and 4