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7 <br /> INTRODUCTION <br /> In 1972, the north side of Eubanks Road became the site of a solid waste landfill <br /> operated by the Town of Chapel Hill. Orange County assumed operational control of the <br /> landfill as the result of an August 17, 1999 agreement between the Towns (Chapel Hill, <br /> Carrboro, and Hillsborough) and the County. The Historic Rogers Road Community has <br /> lived with this landfill for 40 years. Over many years, residents representing the Rogers <br /> Road area have voiced concerns about various operational elements associated with <br /> the landfill and the impact on the Rogers Road Neighborhood. The Neighborhood is <br /> geographically split by the Orange County and Carrboro. Orange County, as the current <br /> owner of the landfill, is taking the lead to make remediation improvement to the Historic <br /> Rogers Road Community. <br /> A number of local government initiatives have been implemented to improve the quality <br /> of life in the Rogers Road Community and they are as follows: <br /> 1. The Solid Waste Fund paid $650,000 to extend public water service by the <br /> Orange Water and Sewer Authority (OWASA) to the Rogers Road area. <br /> 2. Solid Waste installed gas flares to reduce odors. <br /> 3. The Town of Chapel Hill initiated bus service on Rogers Road. <br /> 4. Orange County initiated a no-fault well policy to deal with failing drinking <br /> water wells remaining in the adjoining neighborhoods. <br /> 5. Orange County approved the appropriation of$750,000 from the Solid Waste <br /> Fund Balance to establish a Rogers Road Remediation Reserve Fund. <br /> 6. On July 1, 2011 Orange County established a $5.00 tipping fee surcharge <br /> and a plan to incrementally increase the tipping fee each fiscal year by a <br /> minimum $2 per ton as long as the landfill is operational to fund the Rogers <br /> Road Remediation Reserve Fund. <br /> 7. A partnership with Orange County and the University of North Carolina <br /> created a Landfill Gas to Energy Project that commenced operation on <br /> January 6, 2012 and will have an immediate and noticeable impact on the <br /> odor created by the operation of the landfill. The project will further provide a <br /> long-term renewable energy source to UNC, reducing dependence on <br /> increasingly expensive fossil fuels, and reduce carbon emissions. <br /> 8. On October 4, 2011 the Orange County Board of County Commissioners <br /> authorized staff to proceed with a "one-time" effort to clean-up illegal dump <br /> sites within three-fourths of one mile of the landfill boundary, at no cost to the <br /> individual property owners. <br /> At the January 26, 2012 Assembly of Governments meeting, the Orange County Board <br /> of Commissioners and the Town Boards discussed the extension of sewer service and <br /> a community center for the Rogers Road Community. County and Town Attorneys <br /> (Appendix A) have concluded that use of Solid Waste reserves to extend sewer service <br /> to the Rogers Road Community is not consistent with North Carolina General Statutes <br /> and would subject the local governments to legal challenges. As such, a community <br /> 1 <br />