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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 1, 2008 <br />Action Agenda <br />Item No. _~G _ <br />SUBJECT• Joint UNC/Orange County Landfill Gas Recovery Project Update <br />DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): INFORMATION CONTACT: <br />(Under Separate Cover) <br />Public Information Meeting Presentation <br />Pro forma Gwen Harvey - 245-2307 <br />Draft Agreement Gayle Wilson - 968-2885 <br />PURPOSE: To present a status report of the progress of negotiations and a draft agreement <br />between Orange County and UNC-Chapel Hill regarding development of joint landfill gas <br />recovery project. <br />BACKGROUND: In January of 2008 the Board of Commissioners (BOCC) authorized a <br />Memorandum of Understanding between the County and UNC authorizing discussion on the <br />feasibility of a landfill gas to energy project at the Orange County Landfill. In April 2008 the <br />Board authorized staff to proceed towards final contract negotiations. In the ensuing period <br />County and University Staff have been working diligently to conclude negotiations and present a <br />recommended agreement and project development plan to the County and University <br />administrations for consideration. Staff is of the opinion a final draft agreement is nearing <br />completion and believes it is time to brief the BOCC on the provisions and features of the <br />current draft agreement as well as the overall project approach. A public information forum was <br />held on October 13. <br />Under the terms of the proposed Agreement, the County will grant UNC the rights to the landfill <br />gas ("LFG") generated at the Eubanks Road Landfill. UNC will construct a system to collect, <br />transport, and combust such LFG, initially through flaring and then through electricity <br />generation. In exchange for the LFG rights, UNC will make monthly payments to the County for <br />a percentage of the heating energy value of LFG that UNC has flared and used to generate <br />electricity. UNC is responsible for all costs and operating responsibilities associated with the <br />LFG Project. <br />Key Terms <br />Rights Granted UNC: The County grants UNC the rights to the LFG generated by the <br />Landfill during the Agreement's Term along with a license to access the Landfill and <br />