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2 <br />Issue: Does the Council agree with the Cou*s assessment that there does not seem <br />to be a causative relationship between landffi blasting activities and water quality <br />concerns in the landfill neighborhood? <br />Comment: We agree with the County Engineer's view that the available data does not <br />support any causative relationship between landfill blasting activities and assertions of <br />water quality impacts. Landfill monitoring wdls located close to the blasting events <br />show no evidence of impacts. Seismic monitoring of blasting events demonstrated that <br />they were well within US Bureau of Mines protection limits. <br />4. j sue: Given the Countys, coniclusions in 2. and 3. above, and the previous opinions of <br />the County and Town Attorneys indicating that landfill funds carviot be utilized to fiord <br />camrruuIIty benefits not related to landfill operations, does the Council agree that any <br />benefits provided should not be financed by the landfill fi3nd? <br />Comnmt: As we understand it, North Carolina law, as established by both Gezi d <br />Staunes and Appellate Cart decisions, limits landfill tipping foes to those reasonably <br />necessary to provide the services which the foes are mtcoded to support North <br />Carolina Court decisions indicate that a municipality may charge fns reasonably <br />associated with operations, depreciation and actual or anticipated capital costs of a <br />public enterprise. A statutory provision expressly states that a County landfill fee "may <br />not exceed the cost of operating the f tcffity -" <br />Therefore, the Landfill Fund appears not to be an appropriate source of fiends for <br />commiin. improvements. The governing bodies could appropriately spend other <br />public fiords on community benefits in this area <br />B. 1 ,slue: Bentfit #1 -Waxer /Sewer Extensions: Potential Approaches <br />r : Wbich neighborhoods, if any, does the Coumi think should be included in any <br />benefit related. to water quality? What approach should be pursued m these <br />neighborhoods, including the consideration of individual home water filtration systems? <br />Co : The "Groundwater Risk Assessment" prepared by Buxton Environmental, <br />Tnc. dated November 17, 1997 concludes that there are no residential driniang wells <br />that would be at risk of contamination by the landfill. The Buxton Environmental <br />report shows the area (map attached) estimated by the consultant to be m the leacbate <br />flow zone if there were a release of lewhate from the north side of the landfill. We <br />believe the consultants' conclusion that none of the neighborhoods surrounding the <br />landfill are at risk is reasonable. <br />We also believe that any release from the south side is extremeiy improbable because <br />that area of the landfill is constructed with a modern composite liner and leachate <br />collection system. <br />