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59 <br />To: Orange County Commissioners <br />Carrboro Board of Aldermen <br />Chapel Hill Town Council <br />From: John Roberts, Orange County Attorney <br />Michael Brough, Carrboro Town Attorney <br />Ralph Karpinos, Chapel Hill Town Attor-ney <br />Date: September 20, 2011 <br />Re: The 1999 Interlocaa Agreement for Solid Waste Management (the "Interlocal <br />Agreement") <br />On September 13, 2011 the attorneys for Orange County (the `County") and the Towns <br />of Carrboro and Chapel Hill (the "Towns") met to discuss issues related to solid- waste <br />disposal in Orange County. Among the items discussed were whether the Interlocal <br />Agreement adequately addresses Municipal Solid Waste ("MSW") disposal in Orange <br />County upon the closure of the MSW Landfill and whether the Interlocal Agreement <br />adequately addresses post-closure costs related to the MSW Landfill. <br />Section 1 of the Interlocal Agreement provides that the County will provide and operate <br />"System Management Facilities suitable for the disposition of Solid Waste by the <br />County..." System Management Facility is defined as "those assets of the System used <br />to provide (a) final disposal of solid waste, including construction and demolition waste, <br />such as landfills, or (b) any other handling or processing of materials placed in the <br />custody of the System, such as_ transfer stations, materials recovery facilities for <br />cleaning, sorting or other processing of recyclable material." <br />After considering and discussing these definitions and various other sections of the <br />Interlocal Agreement the consensus opinion of the attorneys is that, upon the closure of <br />the MSW Landfill and absent the opening of a successor facility such as a landfill or <br />transfer station, the Interlocal Agreement is essentially terminated for purposes related <br />to the disposal of MSW. If it is the desire of the governing boards for the County to <br />