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08-20-2013 Solid Waste Committee PKTPittsylvania County Board of Supervisors SOLID WASTE COMMITTEE Tuesday, August 20, 2013 5:00 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business: (a) Requests For Proposals (RFPs) for Engineering Services - Pittsylvania County Landfill (b) Existing Groundwater Monitoring Contracts and Review of Compliance Reports (c) Review of Pittsylvania County Solid Waste Ordinances; Chapters 17, 29 & 32 5. Adjournment Requests For Proposals (RFPs)- Engineering Services Pittsylvania County Landfill PITTSYLVANIA COUNTY VIRGINIA l�•S S Y L Otis S. Hawker � s Assistant County Administrator o Operations & Facilities aL +`V c 1 Center Street, Chatham, Virginia P.O. Box 426 y w o y Phone (434) 432 -7712 m t Chatham, Virginia 24531 1767 Fax 434 6� www. itt) 432 -7714 ov.or otis.hawker @pittgov.org Yia'.,t p g g To: William D. Sleeper, County Administrator From: Otis S. Hawker, Assistant County Administrators Date: August 9, 2013 Subject: RFP — Master Contract for Solid Waste Engineering Services I submit the following draft RFP for Solid Waste Engineering at the Pittsylvania County Landfill for your review and consideration. It is my understanding that the Solid Waste Committee will be discussing this matter at their next meeting on August 20, 2013. As you are aware, this is a very complex change due to the Federal and State laws that govern Landfill Permit 571. Adequate time by the staff, legal counsel and the Board of Supervisors should be allowed to insure that all permit requirements are complied with and no interruptions with compliance during this transitional phase. Strong consideration should be given as to the reason and cost benefit to the County prior to making a change that could adversely affect the groundwater monitoring, stormwater monitoring and the many variances and permit amendments that are ongoing in various stages of review with the State under Subtitle D. If the County decides to proceed with this draft RFP, it would be reasonable to allow 6 months to one (1) year to go through the procurement process. To have a comprehensive review to develop a plan on how to transition in the event of change to existing Master Contract, I need clear direction of how to move forward and would recommend that you proceed with the existing negotiated contract with Dewberry for this fiscal year's monitoring requirements at the Pittsylvania County Landfill. I will be available if needed to address any concerns the Solid Waste Committee may have. If you should have any questions regarding this matter, please do not hesitate to contact my office. OSH/kp Attachment Cc: J. Vaden Hunt, Esquire County Attorney Ct0 o,' . COUNTY OF PITTSYLVANIA REQUEST FOR PROPOSAL (RFP) # SOLID WASTE ENGINEERING SERVICES August 8, 2013 Name of Soliciting Public Body: County of Pittsylvania Purchasing Department 1 Center Street, P.O. Box 426 Chatham, VA 24531 DRAFT Non - mandatory pre - proposal meeting will be held 2013 at PM. Pittsylvania County Landfill, 382 Rainbow Lane, Dry Fork, Virginia 24549 Sealed Proposals Will Be Received Until 12013 at PM For Furnishing The Services Described Herein All Inquiries for Information Should Be Directed to Donna Meeks, Purchasing Manager, Phone: 434 - 432 -7744 or Donna. Meeksga pitteov.ora IF PROPOSALS ARE MAILED OR HAND DELIVERED, THEN DELIVER TO: County of Pittsylvania Purchasing Department 1 Center Street, P.O. Box 426 Chatham, Virginia 24531 In Compliance with this Request for Proposal the named parry hereby submits a proposal in response to Pittsylvania County RFP# to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal. The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiard or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By -Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name And Address Of Firm: Date: Code: Phone: (_) E -mail: Receipt of the following Addenda are acknowledged: Addendum No. dated (Please note all addenda's) By: (Signature in Ink by Officer of the Corporation) Name: (Please Print) Title: Fax: (_) State of Incorporation: State Corporation Commission #: Attach a copy of your company's SCC Certificate and a list of officers (Return this Form) 1't TABLE OF CONTENTS I. PURPOSE II. INSTRUCTIONS TO OFFERORS III. BACKGROUND INFORMATION IV. PROPOSAL REQUIREMENTS V. SCOPE OF SERVICES VI. PROPOSAL EVALUATIONS VII. TERMS AND CONDITIONS SAMPLE OF COUNTY CONTRACT AGREEMENT 2 Solid Waste Engineering Services 3 3 5 5 6 9 10 22 DRAFTRFP# Solid Waste Engineering Services I. PURPOSE This Request for Proposal (RFP) by the County of Pittsylvania, Virginia, invites written proposals from qualified firms to provide environmental services, engineering, consulting and construction quality control /quality assurance services for the Pittsylvania County Landfill. Pittsylvania County intends to contract for the above delineated services as detailed in the Scope of Services contained in Section V, Scope of Services, of this RFP. The purpose of this RFP is to solicit proposals for the required services and to set forth the terms and conditions whereby Pittsylvania County shall contract with the successful Proposer to provide the services described herein. A detailed scope of services is contained in Section V, Scope of Services, of this RFP. The contract resulting from this RFP shall be for professional engineering services related to Solid Waste Management Services and shall be Task Order based for multiple projects issued on an as- needed basis. The project fee of any single projector Task Order may not exceed $1,000,000. The annual sum of all projects in a contract term shall not exceed $5,000,000. Any unused amounts from the first contract term shall not be carried forward to any additional contract tern. Any contract resulting from this RFP shall have a term limit of one year and may be renewable for four additional one year terms at the option of Pittsylvania County. H. INSTRUCTIONS TO OFFERORS A. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Pittsylvania County Procurement Policy. The Procurement Policy is available at: B. Six (6) copies of proposals shall be submitted to: Pittsylvania County Purchasing Department 1 Center Street P.O. Box 426 Chatham, Virginia 24531 C. Questions related to the solid waste engineering services and questions related to the RFP and the Consultant selection process should be directed to: RFP # Solid Waste Engineering Services AFTDonna Meeks, Purchasing Manager Phone: (434) 432-7744 Fax: (434) 432 -7746 E -mail: Donna. Meeksnapitt og v_org Questions or requests for County. All responses to prospective offerors who AM/PM sent and received by the pr( proposal are due, clarification may be faxed or entailed to Pittsylvania inquires will be in writing and will be provided to all have received an RFP from Pittsylvania County by , 2013 in order to ensure that the answers can be )spective offerors for their consideration prior to the date D. All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal, RFP # Solid Waste Engineering Services' Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror. All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by P.M. , 2013. Any Proposal received after this time and date will not be considered. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and date. Please note that Federal Express and other overnight delivery services do not guarantee morning delivery to Pittsylvania County, VA. Next day delivery usually arrives in mid -to -late afternoon. If you will be using one of these services for delivery of your proposal, please take this information into consideration. Clearly identified proprietary information will not be disclosed during the selection process. E. As a guideline, Pittsylvania County anticipates the following timetable for selection of the solid waste engineering services. Date Activity/Event , 2013 Request For Proposal Issued , 2013 Non - mandatory pre - proposal conference 2:00 PM 92013 Deadline for Questions is 12:00 noon , 2013 Proposals Due Prior to 2:00 p.m. Deadline RFP # Solid Waste Engineering Services 2013 Evaluation of Proposals Completed by County Selection committee Week of , 2013 Interviews / Oral Presentations of selected firms (Specific dates to be determined) 2013 Contract Negotiations with selected Offeror(s) F. Any vendor transacting business with Pittsylvania County may be asked to provide proof of registration with the State Corporation Commission (SCC), as required by Sections 13.1 or Title 50 of the Code of Virginia. III. BACKGROUND INFORMATION Pittsylvania County is soliciting firms to provide Professional Engineering Services for environmental services, engineering, consulting, and construction quality control /quality assurance services for the Pittsylvania County Landfill. This contract will accomplish the objective ofproviding quality service and to assist the County in a cost competitive and compliant waste management program in accordance with the Virginia Solid Waste Management Regulations, as well as, meeting all requirements outlined by the Virginia Department of Environmental Quality. IV. PROPOSAL REQUIREMENTS The proposal shall provide information necessary for Pittsylvania County to evaluate the qualifications, experience, and expertise of the proposing firm and subconsultants to perform the solid waste engineering services. The Offeror or Proposer is to make a written proposal which presents an understanding of the work to be performed. The Offeror is asked to address each evaluation criteria contained in Section VI Proposal Evaluation Criteria and to be specific in presenting their qualifications. Responses should be as thorough and detailed as possible so that the County may properly evaluate the firm's capabilities to provide the required services. The Offeror should include in their proposal the following: A. Table of Contents — number all pages of the proposal. B. Introduction - Cover Letter /Executive Summary on company letterhead, signed by a person with the corporate authority to enter into any contract which results from the RFP. 5 `T RFP # Solid Waste Engineering Services C. FOIA Exclusion Letter —Letter on company letterhead stating exclusions within the proposal. Identify the specificity of the data or other materials for which protection is sought and state the reasons why protection is necessary in accordance with the Code of Virginia, Chapter 43, §2.2 -4342. For more details see Section V Terms and Conditions paragraph N, Freedom of Information Act. D. Proposal — the Proposal submitted by Offeror shall include a minimum, the following: 1. The Offeror shall address each requirement of the Scope of Services or the area(s) of expertise proposed to be provided. 2. The Offeror shall provide evidence that demonstrates their ability to provide the services within reasonable completion dates and within budget. 3. The Offeror shall provide its current workload with particular reference to personnel and other resources being proposed. 4. Proposed approach to provide the requested services. 5. The Offeror shall provide information on the corporate structure of its firm as well as any proposed subconsultants required to perform the required work. 6. Include as appendices the following information: a) A list of completed projects and a resume of personnel expected to be assigned to this project including the name(s) ofthe partner in charge; b) Provide a minimum of three references where similar work was performed. 7. The Offeror shall not have cost for services stated in the proposal. An estimated cost of services shall be requested when the evaluation committee short-lists the Offerors proposals and interviews are determined. V. SCOPE OF SERVICES Professional Engineering Services to provide environmental services, engineering, consulting, and construction quality control /quality assurance services for the Pittsylvania County Landfill. This contract will accomplish the objective of providing quality service and to assist the County in a cost competitive and compliant waste management program in accordance with the Virginia Solid Waste Management Regulations, as well as, meeting all requirements outlined by the Virginia Department of Environmental Quality. This contract is designed to provide services for all aspects of environmental monitoring, groundwater, surface water, wetlands and assessments, remediation, landfill gas capture, control and beneficial use, engineering design, operations assistance, annual updates of closure and post - closures site surveying, bidding and construction phase services, construction quality control /quality assurance, permitting, and general program per the Pittsylvania County Solid Waste Disposal Division. Departments within Pittsylvania County may also, from time -to -time, require the services of this contract for assistance with similar services. Other environmental engineering and consulting Tq, k. RFP # Solid Waste Engineering Services services may be needed for other components of the County solid waste program, the County's recycling program, the County's solid waste collection program, the composting/biosolids program, sludge disposal, landfill gas management and beneficial use, and leachate management. The County intends to utilize the Consultant for services related to the development, operation, and maintenance of its solid waste management program. The following activities may be required of the consultant as needed on a task order basis. Environmental Services: • All aspects of groundwater monitoring and reporting. • Wetlands monitoring assistance. • Stormwater discharge program assistance. • Corrective Action Assistance. • Alternate Source Demonstrations or verification sampling and analysis • Any other activities if needed due to new policies, regulations or events, or at the discretion of the County, in relation to the County Solid Waste Management program or environmental response or environmental requirements. Items include but are not limited to: • Regulatory compliance and project management activities including periodic meetings with the County, DEQ and other stakeholders as needed. • Field work; characterizations of surface, air and or groundwater; assessment of corrective measures; corrective action planning and related measures if groundwater impact is detected. • Preparation of facility permits and /or modifications. • Well installation, sampling, analysis, and associated evaluations and reporting. • Well or monitoring point maintenance. • Modifications to the permit or related documents. • Alternate source demonstrations or verification sampling and analysis. • Revisions to groundwater protection standards and related work. • Regulatory compliance work. • Residential water well sampling, analysis, evaluation and reporting. • Surface water and other media sampling. Engineering / Construction / Consulting Services: • Annual post - closure cost estimates. Cell construction/closure documents, bidding, and quality assurance. Other activities if needed due to new policies, regulations or events, or at the discretion of the County, including but not necessarily limited to: • Master planning for overall facility development. • Permit reviews and modifications. • Feasibility, engineering and implementation of landfill gas utilization. FT RFP # Solid Waste Engineering Services • Review of leachate disposal options including sanitary sewer discharge. • Landfill gas migration control or beneficial use. • Other solid waste engineering activities that may arise related to closure and post - closure activities. • 10 -Yr permit review by DEQ / response. • Feasibility, engineering and implementation of landfill gas utilization. • Air / waste permitting amendments for gas system. • Aerial mapping / capacity analysis. • Fill area / borrow area stakeout. • Engineering and interface with the planning and engineering of the composting system. • Solid Waste Handling Facility siting and design. • SPCC plans. Miscellaneous Activities: • Operational assistance. • Solid waste management planning and plan updates. • Assistance with waste assessment and recycling reporting. • Regulatory assistance and representation. • Response to environmental, operational and design issues. • Landfill gas utilization planning, implementation. • Survey activities relative to topographic mapping, boundary mapping, construction stake- outs, and as- builts. • Wetlands delineations, mitigation, permitting and monitoring. • Stream assessments, delineations, mitigation, permitting and monitoring. • Assessments of environmental impact, assessment of corrective action, corrective action of closed or abandoned solid waste disposal facilities. • Funding evaluation, applications and assistance for the solid waste program or corrective action activities in regards to federal or state grants. • Activities as requested by the County relative to its solid waste management program or other environmental responsibilities. • Evaluation of any PPEA submitted to the County in regards to Solid Waste Management. • Miscellaneous engineering services related to Solid Waste Collections and Recycling Programs. • Miscellaneous engineering services related to the Pittsylvania County Landfill Composting Operation. VI. PROPOSAL EVALUATION CRITERIA A. Selection of the successful Offeror will be based upon submission of proposals meeting the selection criteria. The minimum selection criteria will include: RFP # Solid Waste Engineering Services 1. Specific experience, technical capabilities, professional competence, and qualifications of the proposing firm and project personnel especially those assigned to provide the services in accordance with the Scope of Services. (40 points) 2. Clearly demonstrated understanding of the work to be performed and completeness and reasonableness of the Offeror's plan for accomplishing the Scope of Services. (30 points) 3. Current experience in providing solid waste engineering services to governmental entities. (15 points) 4. References. (15 points) B. The Selection Committee will evaluate the most responsive proposals as deemed by staff and may also ask questions of a clarifying nature from offerors as required. Each committee member will complete a proposal evaluation matrix form for each submission received. A composite rating will be developed which indicates the group's collective ranking of the written proposals in a descending order. The County shall engage in individual discussions with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. These Offerors will be requested to make an oral presentation to the Selection Committee to explain their proposal and answer questions. C. At the conclusion of discussion, on the basis of evaluation factors as set at the time of issuance of this proposal and all information developed in the selection process to this point, the County shall select in the order of preference two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Pittsylvania County reserves the right to award a contract to more than one Offeror, if it is in the Owner's best interest. The County reserves the right to accept or reject any or all proposals received as a result of Request for Proposal if it is in the best interest of Pittsylvania County. VII. TERMS AND CONDITIONS: A. Acceptance, Invoicing and Pa me RFP # Solid Waste Engineering Services Pittsylvania County will make payment to the Consultant, net 30 days or in accordance with discount terms, if offered, after receipt of an acceptable invoice for work resulting from this RFP. Nothing herein, or in the process, shall be construed as having obligated the County to pay for any expenses incurred by respondents to this RFP, or to the selected consultant prior to the Board of Supervisors' approval of a consultant services contract. Pursuant to Virginia Code §2.2 -4354, 1950, as amended, the CONSULTANT covenants and agrees to: 1. Within seven (7) days after receipt of any amounts paid to the CONSULTANT under the Agreement, (i) pay any subconsultant for its proportionate share of the total payment received from the COUNTY attributable to the work under the Contract performed by such subconsultant, or (ii) notify the COUNTY and the subconsultant, in writing, of its intention to withheld all or part of the subconsultant's payment and the reason therefore; 2. Provide its federal employer identification number or social security number, as applicable, before any payment is made to the CONSULTANT under the Agreement; 3. Pay interest at the legal rate or such other rate as may be agreed to in writing by the subconsultant and the CONSULTANT on all amounts owed by the CONSULTANT that remain unpaid after seven (7) days following receipt by the CONSULTANT of payment from the COUNTY for work performed by the subconsultant under the Agreement; and 4. Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3 above. B. Attorney's Fees In the event of any action brought by either parry against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, each party shall pay their own attorney's fees, costs and expenses, except in a case of default by the Consultant, the Consultant shall be responsible for any resulting additional purchase and administrative costs including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs. C. Audit Consultant shall keep and require each of its subconsultants, if any, to keep, at no additional cost to County, full and detailed accounts of costs chargeable to County, during the project, and for five (5) years following completion. County shall be afforded full access to accounts, records, and supporting documents for review, audit, copy (such copies will be the property of County), and verification of costs. Audit access to Consultant's records in lump sum or unit price areas 10 ar r F RFP # Solid Waste Engineering Services when applicable shall be sufficient to satisfy County that all quantities meet the payments to its subconsultant and suppliers, Consultant shall remit promptly to County the amount of any adjustment resulting from audit. D. Availability of Funds It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. E. Binding Effect ffect The terms, provisions, covenants and conditions contained in any resulting Contract shall apply to, insure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, legal representatives, successors, and permitted assigns except as otherwise expressly provided. F. Compliance of Law The Consultant providing materials and services to the County under any contract resulting from this RFP represents and warrants to the County that it is: I. Conforming to the provisions of the Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable. 2. Not employing illegal alien workers or otherwise violating the provisions of the Immigration Reform and Control Act of 1986 and Virginia Code§2.2-431 1. 1. 3. Complying with federal, state and local laws and regulation applicable to the performance of the services procured; and 4. In full compliance with the Virginia Conflict of Interest Act. G. Contract Award Pittsylvania County has the right to award a contract to more than one Offeror, if it is in the County's best interest to provide adequate services in accordance with the criteria found in the Scope of Services. Should Pittsylvania County determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Pittsylvania County reserves the right to award the contract to the most qualified, responsible, and responsive offeror(s), resulting in a negotiated agreement, which is most advantageous to and in the best interest of Pittsylvania County. Pittsylvania County shall be the sole judge of the Proposal and the resulting negotiated agreement that is in the public interest, and Pittsylvania County's decision shall be final. 11 LEIR A F T RFP # Solid Waste Engineering Services H. Contract Changes No verbal agreement or conversation with any officer, agent or employee of Pittsylvania County either before or after execution of the contract resulting from this Request for Proposal (RFP), RFP Addendum or follow -on negotiations, shall effect or modify any of the terms or obligations contained in the contract. No alterations to the terms and conditions of the contract shall be valid or binding upon Pittsylvania County unless made in writing and where Board approval is not required, by the County Administrator or his designee I. Contract Documents The contract entered into by Pittsylvania County and the Consultant shall consist of this Request For Proposal, any addendum issued, the proposal submitted by the Consultant, Pittsylvania County's Standard Form of Agreement, and any approved change orders issued, all of which shall be referred to collectively as the Contract Documents. Additional documents which the parties agree to include as contract documents may be set forth in the final contract. J. Contract Performance Terms Any contract resulting from this RFP shall have a term limit of one year and may be renewable for four additional one -year terms at the option of Pittsylvania County. This contract may be extended during the term of the existing contract for services allowed to complete any work undertaken but not completed during the original term of the contract. K. Cooperative Procurement This procurement is being conducted on behalf of Pittsylvania County, Virginia and other public bodies in accordance with the provisions of §2.2 -4304 of the Virginia Public Procurement Act, 2. If approved by the Consultant, the contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms. The Consultant shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Consultant's bid/proposal. With the approval of the Consultant, any public body using the resultant contract has the option of executing a separate contract with the Consultant to add terms and conditions required by statute, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations. 4. The County of Pittsylvania, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Consultant and any other public bodies, and in no event shall the County, its officials or staff be responsible for any costs, damages or injury resulting to any parry from use of a Pittsylvania County contract. If, when preparing such a contract, the 12 DRAFTRFP k Solid Waste Engineering Services 5. additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Consultant, the Consultant may withdraw its consent to extension of the contract to that particular public body. 6. Pittsylvania County assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Consultant may carry out such notification. L, Definitions: Consultant: The Consultant who enters into a contract with Pittsylvania County to provide the services herein for Pittsylvania County. 2. County: Wherever the word "County" appears, it shall be understood to mean Pittsylvania County Government. Offeror: A person who makes an offer in response to a Request for Proposals. 4. Informality: A minor defect or variation in a bid or proposal from the exact requirements of the Invitation for Bid, or the Request for Proposal, which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured. M. Drug Free Workplace During the performance of this contract, the Consultant agrees to (i) provide a drug -free workplace for the Consultant's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Consultant that the Consultant maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor. For the purposes of this section, "drug -free workplace" means any site at which the performance of work is done in connection with this contract awarded to the Consultant, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 13 0" ONN 7 RFP # Solid Waste Engineering Services N. Ethics in Public Contractina The Offeror hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public Procurement Act, Section 2.2 -4367 through 2.2 -4377, Virginia Code Annotated, and that all amounts received by it, pursuant to a Contract resulting from this RFP, are proper and in accordance herewith. By submitting their proposals, Offerors certify that their proposals are made without collusion or fraud that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subconsultant in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. O. Examination of Records The Consultant agrees that Pittsylvania County or any duly authorized representative shall have access to and the right to examine any and copy any directly pertinent books, documents, papers and records of the Consultant involving transactions related to any Contract resulting from this RFP. The period of access provided in this paragraph for records, books, documents, and papers and software which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of any subsequent contract or any subsequent Contracts with vendors shall continue until disposition of any appeals, arbitration, litigation, or claims. Consultants agrees to keep all records in accordance with the state and local retention laws including but not limited to Virginia Code §55- 525.27. P. Faith -Based Organizations Pursuant to Section 2.2- 4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the COUNTY does not discriminate against faith - based organizations. "Faith -based Organization" means a religious organization that is or applies to be a Consultant to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104 -193. If CONSULTANT is a faith -based organization, then Consultant shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice: NOTICE Pursuant to Section 2.2- 4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the COUNTY and a faith -based organization, you are hereby notified as follows: 14 RFP # Solid Waste Engineering Services Neither the COUNTY'S selection of a charitable or faith -based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the COUNTY Administrator. Q. Federal -Aid Provisions When the U. S. government pays all or any portion of the cost of a project, the Consultant shall observe all federal laws, rules, and regulations made pursuant to such laws. The work shall be subject to inspection by the appropriate federal agency. Such inspection shall in no sense make the federal government a parry of the contract and will in no way interfere with the rights of either party. Consultant shall require all subconsultants to observe all federal laws, rules, and regulations made pursuant to such laws. Reporting requirements that is part of the regulation shall be followed in accordance with the federal law, rules and/or regulation made pursuant to such laws. A Duns number will be provided by the Consultant and registration with the Central Consultant Registration (CCR) shall be followed according to the federal aid provisions. R. Freedom of Information All information submitted to the County in response to this RFP will constitute public information and pursuant to the Virginia Freedom of Information Act will be available to the public for inspection upon request. Pursuant to Virginia Code §2.2 -4342 and County Procurement Policy §3 -27, a Bidder /Offeror may request an exception to disclosure for trade secrets or proprietary information as such is defined under Virginia Code §59.1 -336, part of the Uniform Trade Secrets Act. In order to claim this exemption, a Bidder /Offeror must: (1) Submit a request in writing referencing their desire to invoke the protections of Virginia Code §2.2- 4342; (2) Specifically identify which data or materials they wish to have protected; and (3) Articulate the rationale for why protection is necessary for the particular data or materials, to the satisfaction of the County. Failure to meet these requirements will result in the data or materials being open for inspection in response to a valid inquiry under the Virginia Freedom of Information Act and serve to waive any right of the Bidder /Offeror to assert a claim against the County for disclosure of trade secrets or proprietary information. R. Force Majeure In any contract resulting from this RFP, neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, industry wide material shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, pandemic flu, acts of God, war, governmental action, and labor conditions. In the case of an industry wide material shortage the Consultants shall provide to the County within 24 hours of Consultant's determination that there exists an industry wide 15 i RFP # Solid Waste Engineering Services material shortage, the following: 1) a written description of the specific material alleged to be in short supply; 2) a written list of all manufacturers, wholesalers, suppliers and/or retailers from which Consultant has attempted to obtain, and/or contracted to obtain, said material; 3) a written description detailing all actions taken by Consultant to obtain said materials; 4) a written statement, signed by an authorized representative of Consultant, that Consultant has used due diligence to secure said materials in the most expeditious manner; 5) a written time frame in which Consultant anticipates that it will obtain said materials and; 6) the County, or its authorized representative, concurs that there is an industry wide shortage of the specific material so identified by Consultant. S. Grant Funds Provision When a project is funded in part or all by grant funds, the Consultant shall observe all rules and regulations according to the grant fund award documentation. Consultant has the responsibility to comply with all grant fund reporting requirements and any or all award documentation terms and conditions. T. Governing Law In any contract resulting from this RFP, the parties agree that this agreement is governed by and shall be interpreted in accordance with the Pittsylvania County Procurement Policy and the laws of the Commonwealth of Virginia, including the Pittsylvania County Procurement Policy, and that proper venue, in the event of litigation concerning this matter, shall be in the Circuit Court of Pittsylvania, Virginia. The parties agree that any litigation involving this Agreement shall be brought only in such court. U. Headings Headings in the RFP and any resulting contract are informational only and the substance of each numbered or lettered provision shall prevail in the event of any ambiguity or inconsistency between a heading and its content. V. Insurance During the performance of any Contract resulting from this RFP, the Consultant shall have and keep current insurance whichever is greater in scope or amount as follows: a. Worker's Compensation Insurance in compliance with all states in which Consultant does business, including coverage B Employer's liabilities in not less than the following amounts: i. Bodily Injury by accident $100,000 for each accident; ii. Bodily Injury by disease, $500,000 policy limit; iii. Bodily Injury by disease, $100,000 for each employee. 16 rfuAq� a, Z✓ L t, , � RFP # Solid Waste Engineering Services b. General Liability insurance in amount not less than $1,000,000 for any occurrence involving bodily injury, and not less than $1,000,000 for any occurrence involving property damage. This coverage shall include contractual liability, broad form property damage, independent Consultants, and personal injury. c. Automobile liability insurance in an amount not less than $500,000 combined single limit bodily injury and property damage. This coverage shall include liability for the use of hired and non -owned apparatus. d. Professional Liability Insurance in an amount not less than $2,000,000 per occurrence and $6,000,000 in the aggregate. The amount of coverage may increase according to the project value. The General Liability and Automobile Liability insurance policies specified herein shall name Pittsylvania County as additional insured with regard to work performed under any contract resulting from this IFB. The Consultant shall provide Pittsylvania County with copies of certificates of insurance coverage and proof of payment of all premiums. These certificates shall have provisions for notifying Pittsylvania County if there is any change in liability insurance. W. Interpretation Words of any gender used in any Contract resulting from this RFP shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context otherwise requires. X. Non - Collusion The parry making the foregoing proposal hereby certifies that such proposal is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly in indirectly, with any offeror or person, to put in a sham proposal or to refrain from offering, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the proposal price or affiant or of any proposal, or to fix any overhead, profit or cost element of said proposal price, or of that of any other offeror, or to secure any advantage against the County or any person interested in the proposed contract; and that all statements in said proposal are true. Y. Non - Discrimination Any contract resulting from this RFP and every contract, sub - contract, or purchase order there under shall include the following provisions according to Virginia Code 2.2 -4311: During the performance of a contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant 17 RFP # Solid Waste Engineering Services b. agrees to post in conspicuous places, available to employees and applicant for employment, notices setting forth non - discrimination clause. c. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant is an equal opportunity employer. d. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement. The Consultant will include the provisions in the foregoing paragraphs a, b, and c in every contract, subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor associated with Pittsylvania County. Z. Partial Invalidity Neither any payment for, nor acceptance of, the whole or any part of the services by Pittsylvania County, nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this RFP, nor of any power herein reserved to Pittsylvania County, or any right to damages herein provided, nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent breach. Failure of Pittsylvania County to require compliance with any term or condition of any Contract shall not be deemed a waiver of such term or condition nor a waiver of the subsequent enforcement thereof. AA. Proposal Withdrawal Any Proposal may be withdrawn up until the time set above for the opening of the Proposal. Any Proposals not so withdrawn shall constitute an irrevocable offer for a period of 120 days. BB. RFP Proposal and Clarification Pittsylvania County reserves the right to request clarification of information submitted and to request additional information of one or more offerors. Each offeror shall examine the Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing to Pittsylvania County's Procurement Manager or Procurement Officer I or II. Pittsylvania County shall not be responsible for oral interpretations given by any employee, representative, or others. The issuance of a written addendum signed by Pittsylvania County's Procurement Manager or Procurement Officer I or II is the only official method whereby interpretation, clarification, or additional information can be given. Pittsylvania County will provide electronically or by mail to all official RFP holders any addenda, which are issued to this Request for Proposal. Official RFP holders are those who obtain an RFP from the Pittsylvania County Procurement Manager or Procurement Specialist I. UM RFP # Solid Waste Engineering Services CC. Release and Ownership of Information Pittsylvania County shall make a good faith effort to identify and make available to the Consultant all non - confidential technical and administrative data in Pittsylvania County's possession which Pittsylvania County may lawfully release including, but not limited to contract specifications, drawings, correspondence, and other information specified and required by the Consultant and relating to its work under this Contract. Pittsylvania County reserves its rights of ownership to all material given to the Consultant by Pittsylvania County and to all background information, documents, and computer software and documentation developed by the Consultant in performing any Contract resulting from this RFP. No reports, information or data given to or prepared by the Consultant under the resulting Contract shall be made available to any individual or organization by the Consultant without the prior written approval of Pittsylvania County, which approval Pittsylvania County shall be under no obligation to grant. As may be allowed by law, any information, ideas, or concepts that the County receives during the procurement process from any offeror's written proposal, any discussion or interview with the offeror or as a result of any portion of the procurement process for the services described in this Request for Proposal shall become the property of Pittsylvania County. Pittsylvania County may use this information for any purpose without compensation to the offeror from whom the information was received. DD. Rights and Responsibilities of Consultant The Consultant shall indemnify, defend and hold harmless the County and its representatives from any and all claims, suits and actions for injury or damage sustained by any person or property from any act or omission by Consultant and /or its Consultants or employees, or anyone else for who Consultant is or may be responsible. This section shall survive the termination this agreement. The Consultant in any contract resulting from this RFP shall pay all royalties and license fees necessary for performance of the contract. The Consultant shall defend all suits or claims for infringement of any patent rights or any other proprietary rights arising from or related to performance of the resulting contract and shall save Pittsylvania County harmless from any and all loss, including reasonable attorneys' fees, on account thereof. EE. Subconsultants and Assignments The Consultant shall not sublet or assign or transfer any interest in this Contract or any portion thereof without the prior written consent of Pittsylvania County of which Pittsylvania County shall be under no obligation to grant. In seeking consent for any subcontract or assignment, the Consultant shall furnish all information required by Pittsylvania County to permit Pittsylvania County to ascertain the qualifications of the proposed subconsultant to perform the work, and the 19 Ln4, RFP # Solid Waste Engineering Services •_ t ,� u Consultant shall submit a copy of the subconsultant to Pittsylvania County for approval. The subconsultant shall incorporate by reference all provisions and conditions of the Contract resulting from this RFP. Pittsylvania County's approval of a subconsultant shall not relieve the Consultant of any of its responsibilities, duties or liabilities hereunder. The Consultant shall continue to be responsible to Pittsylvania County for performance of the subconsultant and the subconsultant, for all purposes, shall be deemed to be an agent or employee of the Consultant. Nothing in the Contract resulting from this RFP or any subcontract shall create any contractual relationship between any subconsultant and Pittsylvania County. FF. Tax Exemption The County of Pittsylvania as a public body politic and corporate of the Commonwealth of Virginia, is exempt from any Federal excise tax and Virginia sales and use tax for purchases made by the County. GG. Termination Pittsylvania County shall have the right to terminate at Pittsylvania County's convenience, with or without cause, any Contract resulting from this RFP by specifying the date of termination in a written notice. In this event, the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed. All work produced, and data collected shall become the property of Pittsylvania County. 20 * RFP # Solid Waste Engineering Services EXAMPLE OF COUNTY CONTRACT FOR PROFESSIONAL SERVICES (This document may be edited by the County) PITTSYLVANIA COUNTY CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2013, by and between the BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "COUNTY'; and, , a hereinafter referred to as "CONSULTANT ". WHEREAS, the COUNTY desires to provide environmental services, engineering, consulting and construction quality control /quality assurance services for the Pittsylvania County Landfill; and WHEREAS, CONSULTANT desires to provide environmental services, engineering, consulting and construction quality control /quality assurance services for the Pittsylvania County Landfill. WITNESSETH: IN CONSIDERATION of the mutual promises stated in this Agreement, the COUNTY and CONSULTANT agree as follows: ARTICLE 1 CONTRACT DOCUMENTS: I.I. The documents listed in Section 1.2 of this Article shall constitute the contract documents. These contract documents shall represent the entire agreement and understanding between the parties. All other statements, discussions and negotiations, whether oral or written, are hereby merged into these contract documents. Any oral or written understanding not incorporated in these contract documents is not binding on any of the parties. These contract documents shall be amended only by written instrument signed by the parties as approved. The contract documents are presented in descending order of priority with the first document listed being of the highest priority and governing over subsequently listed documents, in case of conflict or ambiguity. 21 RFP # Solid Waste Engineering Services 1.2. The Contract Documents consist of: 1. Pittsylvania County Contract Agreement for Professional Services, between COUNTY and CONSULTANT. 2. Pittsylvania County Request for Proposal (RFP) # dated 2013; list Addenda and dates. 3. 's proposal dated 2013 submitted in response to RFP# 4. List supplemental documents such as hourly rates, lump sum task order amounts, received during the RFP selection process 1.3. The Contract Documents are complementary; what is called for by one is as binding as if required by all. In the event of a conflict between the provisions of the Contract Documents, the provisions requiring the most exacting standard of performance shall prevail. 1.4. It is the intent of the Contract Documents to describe a functionally complete service to be performed in strict accordance with the Contract Documents. Any labor, services, documentation, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided by the Consultant whether or not specifically called for without increase in the Contract Price or Contract Times. ARTICLE 2 THE WORK AND AGREEMENT TERM LIMITS: 2.1. CONSULTANT shall provide environmental services, engineering, consulting and construction quality control /quality assurance services for the Pittsylvania County Landfill, as set forth in the Statement of Work, of the RFP. All management, necessary tools, equipment, materials, fuel, insurance, personnel, and supervision, to provide the work as described herein is to be provided by CONSULTANT. 2.2. The CONSULTANT shall perform the task delineated in the contract documents. The work authorized by this Agreement shall be for environmental services, engineering, consulting and construction quality control /quality assurance services for the Pittsylvania County Landfill. The following is delineated as the scope of services which are required of the CONSULTANT: (List Scope) 22 L RFP # Solid Waste Engineering Services i, 2.3. This Agreement shall have a term limit of one (1) year and may be renewable for four (4) additional one (1) year terms at the option of Pittsylvania County if additional work is needed to update the impact models or comparable in nature to the statement of needs or scope of services in the contract documents. ARTICLE 3 DATES OF COMMENCEMENT: 3.1. The term of this contract shall commence upon the date of this agreement. 3.2. The CONSULTANT'S services shall be performed as expeditiously as possible and consistent with professional skill and care and the orderly progress of the project. 3.3. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, industry wide material shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, pandemic flu, acts of God, war, governmental action and labor conditions. In the case of an industry wide material shortage the Consultants shall provide to the County within 24 hours of Consultant's determination that there exists an industry wide material shortage, the following: 1) a written description of the specific material alleged to be in short supply; 2) a written list of all manufacturers, wholesalers, Consultants and/or retailers from which Consultant has attempted to obtain, and /or contracted to obtain, said material; 3) a written description detailing all actions taken by Cons to obtain said materials; 4) a written statement, signed by an authorized representative of Consultant, that Consultant has used due diligence to secure said materials in the most expeditious manner; 5) a written time frame in which Consultant anticipates that it will obtain said materials and; 6) the County, or its authorized representative, concurs that there is an industry wide shortage of the specific material so identified by Consultant. ARTICLE 4 CONTRACT PRICE AND TERMS OF PAYMENT: 4.1. The COUNTY shall pay for these services out of appropriated funds. 4.2. The COUNTY agrees to pay fees as delineated in hourly fee schedules contained in the contract documents. 23 �by.& RFP# 4.3. Payments shall occur as follows: Solid Waste Engineering Services 1. No deposit nor advance sums shall be paid; 2. Payments are due net thirty (30) days after receipt by COUNTY of an invoice to the COUNTY for materials and services as described in Article 2; 4.4. Pursuant to Section 2.2 -4354 of the Code of Virginia, 1950, as amended, the CONSULTANT covenants and agrees to: 1. Within seven (7) days after receipt of any amounts paid to the CONSULTANT under this Agreement, (i) pay any subconsultant for its proportionate share of the total payment received from the COUNTY attributable to the work under the Contract performed by such subconsultant, or (ii) notify the COUNTY and the subconsultant, in writing, of its intention to withhold all or part of the subconsultant's payment and the reason therefore; 2. Provide its federal employer identification number or social security number, as applicable, before any payment is made to the CONSULTANT under the Agreement; 3. Pay interest at the legal rate or such other rate as may be agreed to in writing by the subconsultant and the CONSULTANT on all amounts owed by the CONSULTANT that remain unpaid after seven (7) days following receipt by the CONSULTANT of payment from the COUNTY for work performed by the subconsultant under this Agreement; and 4. Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3 above. 4.5. The parties hereby agree that any finance charge lawfully assessable against the County for failure to pay any payment(s) pursuant to the terms of this Agreement, shall not exceed 4% per annum, and shall only accrue from the latest date such payment was due under the applicable provisions of this Agreement. ARTICLE 5 RIGHTS AND RESPONSIBILITIES OF CONSULTANT: 5.1. CONSULTANT shall indemnify, defend and hold harmless the COUNTY and its representatives from any and all claims, suits and actions for injury or damage sustained by any person or property from any act or omission by CONSULTANT and/or its subconsultants or employees, or anyone else for whom Consultant is or may be responsible. This section shall survive the termination of this Agreement. 24 pt RFP # Solid Waste Engineering Services 5.2. CONSULTANT shall maintain the following insurance coverage, naming COUNTY as additional insured, during the course of this Agreement, and provide the COUNTY with certificates of insurance for said coverage upon execution of this Agreement: 1. General Liability — in an amount not less than $1,000,000 for any occurrence involving bodily injury, and not less than $1,000,000 for any occurrence involving property damage. Coverage should be provided on per project/per location basis. 2. Automobile Liability Policy — in an amount not less than $500,000 combined single limit bodily injury and property damage. This coverage shall include liability for use of hired and non -owned vehicles; and 3. Workers' Compensation — in compliance with all states in which CONSULTANT does business, including Coverage B Employer's Liability in not less than the following amounts: i. Bodily Injury by accident $100,000 for each accident; ii. Bodily Injury by disease, $500,000 policy limit; and iii. Bodily Injury by disease, $100,000 for each employee. 5.3. During the performance of this Agreement, CONSULTANT agrees that: It will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of CONSULTANT; that it will post in conspicuous places; available to employees and applicants for employment, notices setting forth non - discrimination practices, and that it will state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, that it is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet this requirement; and 2. It will include the provisions of the foregoing paragraph in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon 25 RFP # Solid Waste Engineering Services each subconsultant or vendor. 5.4. During the performance of this Agreement, the CONSULTANT agrees to: Provide a drug -free workplace for the CONSULTANT'S employees; and comply with the Federal Drug Free Workplace Act. 2. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or marijuana is prohibited in the CONSULTANT'S workplace and specifying the actions that will be taken against employees for violations of such prohibition; 3. State in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT that the CONSULTANT maintains a drug -free workplace; and 4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subconsultant or vendor. For the purposes of this section, "drug -free workplace" means any site at which the performance of work is done in connection with this contract awarded to the CONSULTANT, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. 5.5. CONSULTANT acknowledges that the Pittsylvania County Procurement Policy is applicable to this Agreement. 5.6. Except as noted in the contract documents, neither this Agreement, nor any part hereof, may be assigned or subcontracted by CONSULTANT to any other party without the express written permission of the COUNTY. 5.7. The CONSULTANT providing goods or services to the COUNTY under this Agreement represents and warrants to the COUNTY that it is: 1. Conforming to the provisions of the Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable. 26 1= RFP # Solid Waste Engineering Services 2. Not employing illegal alien workers or otherwise violating the provisions of the Immigration Reform and Control Act of 1986; and Virginia Code §2.2- 4311.1. 3. Complying with federal, state and local laws and regulations applicable to the performance of the services procured; and 4. In full compliance with the Virginia Conflict of Interest Act. 5. The CONSULTANT is authorized to transact business in the Commonwealth pursuant to Section 2.2- 4311.2 of the Code of Virginia. 5.8. In the event of a termination under section 6.1 of this Agreement, CONSULTANT acknowledges and agrees that it shall not be entitled to any compensation in excess of the value of the work performed plus its settlement and close -out costs. Under no circumstances shall CONSULTANT, or any subconsultant, be entitled to anticipatory or unearned profits, unabsorbed overhead, opportunity costs or consequential or other damages as a result of a termination under this section. Payment to CONSULTANT of any and all sums already earned by CONSULTANT under the terms of Article 4 constitutes CONSULTANT'S exclusive remedy for a termination hereunder. 5.9. CONSULTANT agrees that it shall keep confidential all photographs, digital imagery, reports, information, or data given to CONSULTANT by the COUNTY as well as any photographs, digital imagery, reports, studies, analysis, data tables, or calculations prepared by the CONSULTANT under this Agreement. No release of any such data by the CONSULTANT shall be made to any individual or organization without the prior written approval of the COUNTY, which approval the COUNTY shall be under no obligation to grant. CONSULTANT further agrees that it shall fully obtain all rights and releases to photographs, digital imagery, reports, information, or data utilized in CONSULTANT'S final report and/or digital photo library before submission of the report and library to the COUNTY. 5.10. CONSULTANT agrees to obtain a business license from the Pittsylvania County Commissioner of Revenue if required by the Code of Virginia, 1950, as amended, and/or Pittsylvania County Code. ARTICLE 6 RIGHTS AND RESPONSIBILITIES OF COUNTY: 6.1. The COUNTY may cancel this Agreement and project for any reason upon ten (10) days 27 UP # Solid Waste Engineering Services notice. Anything contained in the Agreement to the contrary notwithstanding, a termination under this section shall not waive any right or claim to damages which COUNTY may have with respect to work performed by the CONSULTANT which has been completed prior to the date of termination, and COUNTY may pursue any cause of action which it may have by law or under this Agreement on account of such completed work. 6.2. In case of default by the CONSULTANT for failure to deliver or perform in accordance with the Contract specifications or terms and conditions, the County may procure the articles or services from other sources and hold the defaulting CONSULTANT responsible for any resulting additional purchase and administrative costs including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs. If the completion of the contract work results in increased costs to the County, a letter will be sent to the defaulted CONSULTANT requiring payment for additional costs. When repayment is requested, the CONSULTANT will be removed from future bidding until the repayment has occurred. Provided further, that the COUNTY reserves the right to debar CONSULTANT from doing further business with the COUNTY. Failure of a CONSULTANT'S source to deliver is not considered to be an unavoidable cause. The burden of proof rests with the CONSULTANT. 6.3. Pursuant to Section 2.2- 4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the COUNTY does not discriminate against faith -based organizations. "Faith -based Organization" means a religious organization that is or applies to be a Consultant to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104 -193. If CONSULTANT is a faith -based organization, then Consultant shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice: NOTICE Pursuant to Section 2.2- 4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the COUNTY and a faith -based organization, you are hereby notified as follows: M RFP # Solid Waste Engineering Services Neither the COUNTY'S selection of a charitable or faith -based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the COUNTY Administrator. ARTICLE 7 MISCELLANEOUS: 7.1. The following persons shall be contact persons for the parties, and notice given them, by certified return receipt requested mail to the addresses shown, shall constitute valid notice under the requirements of this Agreement: For COUNTY: William D. Sleeper Pittsylvania County Administrator P.O. Box 426 Pittsylvania County, VA 24531 With a copy to: J. Vaden Hunt, Esquire Pittsylvania County Attorney P.O. Box 426 Pittsylvania County, VA 24531 2. For CONSULTANT: The parties may amend such addresses by written notice to the opposite parry at the given address. 29 L` RFP # Solid Waste Engineering Services 7.2. The parties agree that this Agreement is governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia, and that proper venue, in the event of litigation concerning this matter, shall be in the Circuit Court of Pittsylvania County, Virginia. The parties agree that any litigation involving this Agreement shall be brought only in such court. 7.3. In the event that any provision of this Agreement is unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected thereby. 7.4. The CONSULTANT certifies that: 1. The bid or offer (1) was made without prior participation, understanding, agreement, or connection with any corporation, firm or person submitting a bid/offer for the same materials, supplies, equipment, or services with respect to the allocation of the business afforded by or resulting from the acceptance of the bid or proposal, (2) was in all respects fair and without collusion or fraud, and (3) was or was intended to be competitive and free from any collusion with any person, firm or corporation; 2. The CONSULTANT did not offer or receive any kickback from any other bidder or Consultant, manufacturer, or subconsultant in connection with the bid /offer on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. Further, no person shall demand or receive any payment, loan, subscription, advance, and deposit of money, services or anything of value in return for an agreement not to compete on a public contract; 3. The CONSULTANT is not a party to nor has he participated in nor is obligated or otherwise bound by agreement, arrangement or other understanding with any person, firm or corporation relating to the exchange of information concerning bids, prices, terms or conditions upon which the contract resulting from the acceptance of his bid proposal is to be performed; Leif. RFP # Solid Waste Engineering Services 4. The CONSULTANT understands that collusive bidding is a violation of the Virginia Governmental Frauds Act and federal Law, and can result in fines, prison sentences, and civil damage awards and agrees to abide by all conditions of these provisions; and 5. The CONSULTANT or subconsultant has not and will not confer on any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. 7.5. CONSULTANT warrants to COUNTY that: 1. The work performed pursuant to the Agreement shall conform to all professional principles generally accepted as standards of the industry in the Commonwealth; 2. The CONSULTANT'S work performed shall be free of defects; 3. Any new materials and equipment furnished under this Agreement shall be of good quality and in working condition; and 4. The CONSULTANT'S work performed shall meet all of the requirements set forth in this Agreement. 7.6. Any reports, studies, photographs, negatives, or other documents prepared by CONSULTANT in the performance of its obligations under this Agreement shall be remitted to the COUNTY by the CONSULTANT upon completion, termination or cancellation of this Agreement. CONSULTANT shall not use, willingly allow or cause to have such materials used for any purpose other than performance of CONSULTANT'S obligations under this Agreement without the prior written consent of the COUNTY. The COUNTY shall own the intellectual property rights to all materials produced under this Agreement. 7.7. Any failure of the COUNTY to demand rigid adherence to one or more of the terms and provisions as set forth in this Agreement, on one or more occasions, shall not be construed as a waiver nor deprive the COUNTY of the right to insist upon strict compliance with the terms of this Agreement. Any waiver of a term of this Agreement, in whole or in part, must be in writing and 31 RFP # Solid Waste Engineering Services signed by the parry granting the waiver to be effective. 7.8. The bankruptcy, takeover or merger, outright purchase of a majority of the voting capital stock by another organization, or other change in ownership or status of CONSULTANT, or any assignment for the benefit of creditors shall fully obligate the newly formed organization, corporation or legal entity to fulfill all terms and conditions of this Agreement, and to perform or supply items in accordance with the specifications or descriptions contained herein. Should such newly formed organization, corporation or legal entity fail to fulfill all the terms and conditions of this Agreement or fail to perform or supply items in accordance with the specifications or descriptions contained herein to the satisfaction of the COUNTY, the COUNTY shall have the right unilaterally to terminate this Agreement and/or to pursue any remedy for damages and otherwise which is available at law and in equity. The COUNTY reserves the right to enforce any subcontract directly against the subconsultant, CONSULTANT or any newly formed organization, corporation or legal entity. Failure of any sub - Consultant to perform shall not relieve CONSULTANT of its obligation to fulfill the terms and conditions of this Agreement as set forth herein. 7.9. CONSULTANT and COUNTY agree that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 7.10. Contractual claims and disputes shall be conducted pursuant to Section 4 -7 of the current Pittsylvania County Procurement Policy. 7.11. Article and Paragraph headings are inserted for convenience only and are not a part of this Agreement. (Remainder of Page Intentionally Left Blank) 32 RFP # Solid Waste Engineering Services WITNESS the following signatures and seals in agreement with the above terms: PITTSYLVANIA COUNTY, VIRGINIA By: Dated: By: Dated: Approved as to form: COUNTY ATTORNEY Dated: WILLIAM D. SLEEPER COUNTY ADMINISTRATOR 33 Existing Groundwater Monitoring Contracts Review of Compliance Reports Y Dewberry, D ECEOWN JUL 1 1 2013 July 10, 2013 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 RE: July 2013 - June 2014 Proposal for Phase 1 Groundwater Monitoring Pittsylvania County Landfill, Permit No. 571 Dear Mr. Hawker: Dewberry Engineers Inc. 551 Piney Forest Road Danville, VA 24540 -3353 434.797.4497 434.797.4347 fax www.dewberry.com Dewberry Engineers Inc. (Dewberry) is pleased to present our proposal to conduct groundwater monitoring activities for the fiscal 2013 -2014 monitoring year required under 9VAC20 -81 -250 of the Virginia Solid Waste Management Regulations (VSWMR) at the Phase I area of the Pittsylvania County Landfill (Facility). This proposal also includes the 2013 Groundwater Annual Report which will summarize all of the groundwater monitoring activities as well as the accompanying laboratory analytical results collected during the monitoring year. This proposal reflects recent monitoring frequency changes that the Facility was allowed to pursue. The ongoing successful collaboration between the County, Dewberry, and DEQ has allowed the Phase I portion of the Facility to convert from quarterly to semiannual groundwater monitoring, thus translating into a $10,000 savings to the County. UNDERSTANDING OF THE PROJECT The Phase I area of the Pittsylvania County Landfill Facility is currently monitoring groundwater under the Assessment Monitoring Program (9VAC20- 81- 250.8.3) due to concentrations of certain monitoring parameters being in exceedance of the Groundwater Protection Standards (GPS). As part of the assessment monitoring program the Facility must conduct semiannual groundwater sampling with one of the events being analyzed for the Table 3.1 Column -B parameter suite and the subsequent event analyzed for Table 3.1 Column -A and for those constituents in Column -B that have previously been detected. A report will be submitted to DEQ discussing the analytical results and statistical analysis of the data from the sampling event. Mr. Otis Hawker Page 2 July 10, 2013 SCOPE OF SERVICES Item I: Groundwater Monitoring • Dewberry will perform semiannual groundwater sampling on one (1) up- gradient compliance monitoring well MW -1A and seven (7) down gradient compliance monitoring wells (MW -3, MW- 4, MW -11, MW -13A, MW -23, MW -27, and MW -28A). • Dewberry will perform semiannual groundwater sampling on eleven (11) performance wells: MW- 3ANES, MW -15A, MW- 15ANES, MW -29, MW -25A, MW- 16B(S), MW- 16B(M), MW -26, MW- 30, MW- 27B(S), and MW- 28C(D). • Dewberry will perform semiannual groundwater sampling on eight (8) sentinel wells in the Phase I area. The sentinel wells include MW- 15BNES, MW -25C, MW- 25NES(D), MW- 16B(D), MW- 27B(D), MW -27C, MW- 28C(S), and MW -28D. • Dewberry will perform semiannual surface water sampling at two (2) locations along the Banister River. The sites are listed in the revised permit as: SSL -3ANES and SSL -2. The purge water from each sampling event will be placed in drums at each monitoring well which the Facility has provided. This scope also includes semiannual groundwater monitoring reports to DEQ. Each report will include: statistical analysis, a current potentiometric map, trend graphs, summary tables, a discussion of findings and results, conclusions and recommendations. Dewberry will use Pace Analytical, Inc. to perform the analysis unless the County has a specific laboratory preference. Item II: Verification Event In the event that a constituent is detected at a concentration which exceeds GPS or has not been historically detected, a verification re- sample may be required. Dewberry will notify DEQ within fourteen (14) days of the exceedance and the verification event will be conducted within the thirty (30) day compliance period. Item III: Groundwater Annual Report To satisfy the requirements of 9VAC20 -81 -250 E.2.a an annual report of the groundwater monitoring activities of the year is required. The Groundwater Annual Report (GWAR) will be prepared for groundwater data collected during the 2013 groundwater monitoring year. Dewberry Mr. Otis Hawker Page 3 July 10, 2013 Item IV: Additional DEQ Correspondence Recent regulatory changes within the groundwater program have lead to repeated additional requests from DEQ for technical information concerning the groundwater monitoring program at the Facility. Dewberry will coordinate with, prepare, and provide the necessary correspondences to DEQ. This line item does not include any extensive studies, but rather letter reports and request for additional information correspondences. FEES Dewberry's services will be provided either lump sum or hourly as per Dewberry's Standard Hourly Billing Rate Schedule (Attachment A). Item I: Groundwater Monitoring 2nd Semiannual Event (October 2013) .......... ............................... ........................$10,000 (lump sum) 1" Semiannual Event (April 2014) ................. ............................... ........................$10,000 (lump sum) Item II: Verification Event ...................................... ............................... (Hourly as Needed) ($1,800 hourly estimate per event) Item III: 2013 Groundwater Annual Report (GWAR) ........................ .........................$4,500 (lump sum) Item IV: Additional DEQ Correspondence Total Lump Sum ................. .............. Hourly Not to Exceed $5,000 $24,500 (Does Not Include Verification Event) The fees listed above do not include fees charged by the laboratory for analytical costs. Laboratory Fees Total Laboratory Estimate ................................................ ............................... $30,000 (Does Not Include Verification Re- sampling) All laboratory fees will be paid directly by the County in order to present a 15% cost savings to the County. If DEQ should require adding additional wells to the monitoring program, the cost for groundwater monitoring will be re- evaluated at that time. The terms and conditions of this amendment will be consistent with those presented in the original agreement. ` ' Dewberr Mr. Otis Hawker Page 4 July 10, 2013 We appreciate your business and the opportunity to provide environmental services to Pittsylvania County. If you should have any questions regarding any part of this proposal or the groundwater monitoring program, please feel free to contact us. Sincerely, Dewberry Engineers Inc. Thy A. Shelton Environmental Department Manager TAS /tas /vnl Attachment A — Standard Hourly Rate Schedule (July 28, 2012) cc: Mr. U Burgess — Pittsylvania County Landfill R: \Proposal Letters \Environmental \2013 -7 -10 Pill Phase 1 GW.doc The foregoing proposal of Dewberry Engineers Inc. is accepted: Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and Title Dewberry% Attachment A STANDARD HOURLY BILLING RATE SCHEDULE Dewberry Engineering /Planning/ Landscape /Architecture/Surveying Services/MC Services Hourly Rates Principal $225.00 Admin Assistant/Professional I -11 -111- N $55.00 - $65.00 - $75.00 - $85.00 Architect I - I1- 111 $75.00 - $85.00 - $95.00 Architect IV - V - VI $110.00 - $125.00 - $140.00 Architect V11- VIII - IX $155.00 - $170.00 - $190. W CADD Technician I - If - III - N $60.00 - $70.00 - $80.00 - $90.00 Construction Administrator I - if $95.00 - $110.00 Engineer/Planner/Landscape/MC I - I1- 111 $80.00 - $90.00 - $100.00 Engineer /Planner/Landscape/MC N - V - VI $115.00 - $130.00 - $140.00 Engineer/Planner/Landscape /MC VII - VIII - IX $160.00 - $175.00- ($190.00 - $200.00) Interior Designer I - II - III- TV $60.00 - $70.00 - $100.00- $125.00 Geographer /GIS I - 11 - II1 $70.00 - $80.00 - $90.00 Geographer /GIS N - V - VI $100.00 - $115.00 - $130.00 Geographer /GIS VII - VIII - IX $150.00 - $160.00 - $190.00 Resident Engineer I - it - III - IV $75.00 - $85.00 - $100.00 - $120.00 Resident Construction Technician I - II $55.00 - $65.00 Survey /Computor I - 11- EI $65.00 - $75.00 - $85.00 Survey /Computor N - V - VI $100.00 - $115.00 - $130.00 Technical Assistant I - 11- III - N- V $50.00 - $60.00 - $70.00 - $80.00 - $90.00 Surveyor I - lI - III $50.00 - $60.00 - $70.00 Surveyor N - V - VI $80.00 - $90.00 - $105.00 Surveyor VII - VIII - IX $135.00 - $150.00 - $165.00 Reimbursable Expenses (including sub - consultants, courier, postal services, etc.) Cost + 15% ft Dewberry Revised July 28, 2012 Schedule STD Subject to revision Dewberry v a� u V1 1—� Dewberry Engineers Inc. 551 Piney Forest Road 7 Danville, VA 24540 -3353 :JUL ) 1 2013 434.797.4497 U1 434.797.4341 fax www.dewberry.com July 10, 2013 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Re: July 2013 —June 2014 Proposal for Phase II Groundwater Monitoring Pittsylvania County Landfill, Permit No. 571 Dear Mr. Hawker: Dewberry Engineers Inc. (Dewberry) is pleased to present our proposal to conduct groundwater monitoring activities for the fiscal 2013 -2014 monitoring year required under 9VAC20 -81 -250 of the Virginia Solid Waste Management Regulations (VSWMR) at the Phase II area of the Pittsylvania County Landfill (Facility). This proposal also includes the 2013 Groundwater Annual Report which will summarize all of the groundwater monitoring activities as well as the accompanying laboratory analytical results collected during the monitoring year. UNDERSTANDING OF THE PROJECT The Phase II Landfill area of the Pittsylvania County Landfill operates under Permit No. 571. The existing permit was amended in 1996 and includes a 450 acre site, of which, 26.8 acres is the Phase II disposal area. The Phase II disposal area was permitted and constructed in 2003. The Phase II landfill began accepting waste in June 2005 and as a result began monitoring under the detection monitoring program as per 9VAC20- 81- 250.8.2 until 2009. Organic constituents were quantified during each quarterly monitoring event of 2008. Due to a Statistically Significant Increase (SSI) over background being determined, an assessment monitoring program was implemented during the 2nd quarter 2009 monitoring event. The Facility is within the regulated range of proximity to down gradient wetland areas, under Section 10.1- 1408.5 Code of Virginia the Facility must conduct quarterly groundwater sampling with one of the quarterly events being analyzed for Table 3.1 Column -B parameter suite and the remaining three quarterly events of each monitoring year being analyzed for Table 3.1 Column -A and for those constituents in Column -B that have previously been detected. Mr. Otis Hawker Page 2 July 10, 2013 SCOPE OF SERVICES Item I: Groundwater Monitoring • Dewberry will perform quarterly groundwater sampling on two (2) up- gradient wells MW1A and MW101. Five (5) down gradient compliance monitoring wells: MW -102, MW -104A, MW -108, MW -109A, and MW -110. • Dewberry will perform quarterly groundwater monitoring on one (1) performance well labeled MW -109A NES. • Dewberry will perform quarterly groundwater monitoring on two (2) sentinel wells MW- 109B(s) and MW- 109B(d) The purge water from each sampling event will be placed in drums at each monitoring well which the Facility has provided. This scope also includes quarterly groundwater monitoring reports to DEQ. Each report will include: statistical analysis, a current potentiometric map, trend graphs, summary tables, a discussion of findings and results, conclusions and recommendations. Dewberry will use Pace Analytical, Inc. to perform the analysis unless the County has a specific laboratory preference. Item II: Verification Event In the event that a constituent which exceeds GPS or has not been historically detected, a verification re- sample may be required. Dewberry will notify DEQ within fourteen (14) days of the exceedance and the verification event will be conducted within the thirty (30) day compliance period. Item III: Groundwater Annual Report To satisfy the requirements of 9VAC 20 -81 -250 E.2.(a) an annual report of the groundwater monitoring activities of the year is required. The Groundwater Annual Report (GWAR) will be prepared for groundwater data collected during the 2013 groundwater monitoring year. Item IV: Additional DEQ Correspondence Recent regulatory changes within the groundwater program have lead to repeated additional requests from DEQ for technical information concerning the groundwater monitoring program at the Facility. Dewberry will coordinate with, prepare, and provide the necessary correspondences to DEQ. This line item does not include any extensive studies, but rather letter reports and request for additional information correspondences. Dewberry Mr. Otis Hawker Page 3 July 10, 2013 FEES Dewberry's services will be provided either lump sum or hourly as per Dewberry's Standard Hourly Billing Rate Schedule (Attachment A). Item I: Quarterly Groundwater Monitoring 3rd Quarter Event (July 2013) .............................. ............................... .........................$4,000 (lump sum) 4th Quarter Event (October 2013) ...................... ............................... .........................$4,000 (lump sum) 1't Quarter Event (January 2014) ....................... ............................... .........................$4,000 (lump sum) 2 "d Quarter Event (April 2014) ............................ ............................... .........................$4,000 (lump sum) Item II: Verification Event ...................................... ............................... (Hourly as Needed) ($1,800 hourly estimate per event) Item III: 2012 Groundwater Annual Report ....... ............................... .........................$4,000 (lump sum) Item IV: Additional DEQ Correspondence ... ........................(Hourly Not to Exceed $5,000) TotalLump Sum ............................................................... ............................... $20,000 (Does Not Include Verification Re- sampling) The fees listed above do not include fees charged by the laboratory for analytical costs. Laboratory Fees Total Laboratory Estimate ................................................ ............................... $151000 (Does Not Include Verification Event) All laboratory fees will be paid directly by the County in order to present a 15% cost savings to the County. The terms and conditions of this amendment will be consistent with those presented in the original agreement. . Dewberry° :. Mr. Otis Hawker Page 4 July 10, 2013 We appreciate your business and the opportunity to provide environmental services to Pittsylvania County. If you should have any questions regarding any part of this proposal or the groundwater monitoring program, please feel free to contact us. Sincerely, Dewberry Engineers In�ncc,.y� Troy A. Shelton Environmental Department Manager TAS /tas /vnl Attachment A— Standard Hourly Billing Rate Schedule (July 28, 2012) cc: Mr. U Burgess— Pittsylvania County Landfill R: \Proposal Letters \Environmental \2013 -7 -30 Pitfil Phase 2 GW.doc The foregoing proposal of Dewberry Engineers Inc. is accepted: Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and Title Dewberry% Attachment A STANDARD HOURLY BILLING RATE SCHEDULE Dewberry Engineering / Planning / Landscape /Architecture/Surveying Services /MC Services Hourly Rates Principal $225.00 Admin Assistant/Professional I - II - III - IV $55.00 - $65.00 - $75.00 - $85.00 Architect I - II - M $75.00 - $85.00 - $95.00 Architect IV - V - VI $110.00 - $125.00 - $140.00 Architect VII - VIII - IX $155.00 - $170.00 - $190.00 CADD Technician I - R - III - N $60.00 - $70.00 - $80.00 - $90.00 Construction Administrator I - II $95.00 - $110.00 Engineer /Planner /Landscape/MC I - II - III $80.00 - $90.00 - $100.00 Engineer /Planner/Landscape/MC IV - V - VI $115.00 - $130.00 - $140.00 Engineer /Planner /Landscape /MC VII - VIII - IX $160.00 - $175.00 - ($190.00 - $200.00) Interior Designer 1- 11- III- IV $60.00 - $70.00 - $100.00- $125.00 Geographer /GIS I - If - III $70.00 - $80.00 - $90.00 Geographer /GIS tV - V - VI $100.00 - $115.00 - $130.00 Geographer /GIS VII - V RI - IX $150.00 - $160.00 - $190.00 Resident Engineer I - 11- III - IV $75.00 - $85.00 - $100,00 - $120.00 Resident Construction Technician I- If $55.00 - $65.00 Survey /Computor I - II - 111 $65.00 - $75.00 - $85.00 Survey /Computor IV - V - VI $100.00 - $115.00 - $130.00 Technical Assistant I - II - [II - IV- V $50.00 - $60.00 - $70.00 - $80.00 - $90.00 Surveyor I - II - [Ii $50.00 - $60.00 - $70.00 Surveyor IV - V - VI $80.00 - $90.00 - $905.00 Surveyor VII - VIII - IX $135.00 - $150.00 - $165.00 Reimbursable Expenses (Including sub - consultants, courier, postal services, etc.) Cost + 15% Dewberry, Revised July 28, 2012 Schedule STD Subject to revision r COMMONWEALTH of VIRGINIA DaVDirectbaylor Douglas W. Domenech Robert J. Weld Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Regional Director Lynchburg Office Blue Ridge Regional Office Roanoke Office 7705 Timberlake Road WWW.deq.virginia.gov 3019 Peters Creek Road Lynchburg, Virginia 24502 Roanoke, Virginia 24019 (434) 582 -5120 (540) 562 -6700 Fax (434) 582 -5125 Fax (540) 562 -6725 August 13, 2013 n =O E O V IE Fn Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 No DEFICIENCY LETTER Re: Pittsylvania County Landfill - SWP 571 Unannounced Compliance Inspection — July 22, 2013 Dear Mr. Hawker: AUG 14 2013 On July 22, 2013 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Waste Management Act, Virginia Solid Waste Management Regulations (9VAC20- 81-10 et seq,) and the SWP 571. During the inspection no apparent violations of your SWP 571, or 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact Mal Lafoon at (434) 582 -6248 or by e-mail at Malvin.Lafoon@deg.virgi'ni*a.gov. deo.vireinia.gov. Sincerely, Elizabeth A. Lohman Land Protection Program Team Leader cc: DEQ — ECM Compliance File Run Date: 12- AUG -13 Commonwealth of Virginia Permit No.: SWP571 02:55:07 PM Department of Environmental Quality Insp. Date: 22- JUL -13 Facility Name: Pittsylvania Co - Sanitary Landfill Region: South Central Regional Office Inspected By: Lafoon, Malvin D Reference Description Sanitary Landfill [SW] Inspection Report Permit No.: SWP571 Inspection Date: 22-JUL -13 S I A V O 10.1 - 1408.1 Disclosure Statement !14 0 10.1- 1408.2 Operator Certification II X 0 20 -70 -10 et seq. Financial Assurance IIjxJ 10 20 -90 -10 et seq. Permit Action Fees II 0 20 -81 -80 Waste Assessment Program 1 0 20 -81 -100.8 Compliance with the facility's permit II 0 20- 81 -100.E Unauthorized waste program and inspection II X 0 20 -81 -130 Facility design / construction I 0 20- 81- 140.A.1,4 Safety and fire control II X 0 20- 81- 140.A.6 Pollutant discharge III X 0 20- 81- 140.A.7 Stormwater control system maintenance 11 X 0 20- 81- 140.A.8114 -15 Facility operation, maintenance, and training II X 0 20- 81- 140.A.9 -13 Hazard and nuisance control I X 0 20- 81- 140.A.16 Facility self inspections 1 0 20- 81- 140.A.17 Record maintained of waste received and processed 1 0 20 -81 -140.8 Compaction, cover & working face I X 0 20 -81 -160 Closure requirements II 0 20 -81 -170 Post - closure care requirements "I I 1 0 20- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping II X 20- 81 -200.0 Decomposition gas - remediation III 20- 81 -200.D Decomposition gas -odor management 1 20 -81 -210 Leachate control II X 20 -81 -250 Groundwater monitoring program II X 20 -81 -260 Corrective action program II X 20- 81-485 Operations Manual 20 -81 -530 Permittee recordkeeping and reporting #X1 20 -81- 610 -660 Special Waste S = Severity Level I = Inspected A= Area of concern Page 1 of 3 V = Alleged violation O = Occurrences Run Date: 12- AUG -13 Commonwealth of Virginia Permit No.: SWP571 02:55:07 PM Department of Environmental Quality Insp. Date: 22-JUL-13 Sanitary Landfill [SW] General Comments Reference Comments 10.1- 1408.1 Disclosure statement - An updated disclosure statement is on file at BRRO Lynchburg. There have not been any changes that have rendered the DS invalid. 10.1 - 1408.2 Operator certification - The facility has two certified landfill operators: Mr. Lester Burgess .... Carl. # 4605002929.... Expires November 30, 2014 Mr. Darryl Dunford .... Carl. # 4605001979.... Expires November 30, 2013 0 -70 -10 et se Financial Assurance - The facility is in Financial Assurance compliance until December 30, 2013. 0- 81 -100.E Unauthorized waste program and inspection - The facility is conducting at least one unauthorized waste load inspection daily. The load inspection forms were reviewed for April 2013 through June 2013 and appeared adequate: Month ....... # of inspections ..... # of Loads April .............. 23 ................... 1154 May.- ........... 26 .....................858 Jun e..... .......25 ...................... 8 64 1- 140.A.1,4 140.A.1 - Twice a month safety training materials and attendance records were reviewed for April, May and June 2013. 140.A.4 - No indication of open burning on or near the waste cells was observed. 1- 140.A.6 Pollutant discharge - No leachate, pollutants or other solid waste as described under subsections [0-81-140.A.8,14-15 140.A.6.a throw h 140.A.6.d were observed entering surface waters or wetlands at the facilit . 1- 140.A.7 Stormwater control system maintenance - Sediment basin number three was cleaned out and the riser is holding water to the dewatering structure. The slopes of Phase 2 Cell A have been seeded and some rass was observed. Facility operation, maintenance, and training - All the equipment was in working order. The compactor, excavator, and loaders were observed in operation at the working face. 0- 81- 140.A.9 -13 Hazard and nuisance control -No blowing litter or mud on the roads was observed during the inspection. 0 -81 -140.6 Compaction, cover & working face - The working face was 25'X 200'. The waste is being placed in the working face of Phase II, Cell A in the south area and is being filled in a north easterly direction. 0- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping 200. A - Second quarter 2013 landfill gas (LFG) monitoring was conducted on May 13, 2013. No exceedance of the lower explosive limit (LEL) for methane was reported at the facility boundary probes for either event. No levels reaching the 80% action level were reported. 200. E - Records of the May 13, 2013 monitoring event were checked during the ins action. 0 -81 -210 Leachate control system and monitoring - The records for May 2013 through June 2013 were reviewed. The records showed that 176,484 gallons of leachate were pumped from Pump 1 and 188,244 gallons were pumped from Pump 2. The facility pumps the leachate from the leachate pond and hauls to the Pitts Ivania Countv Service Authority WWTP located near the Town of Chatham. 0 -81 -250 Groundwater monitoring program During the inspection the newly installed monitoring . wells in Phase I area were observed. All wells were equipped with a lock. All wells were found to be stable and indentified. Wells observed in order of observation: MW -28D, MW -27C, MW -25C, and MW- 15BNES. The facility submitted a well abandonment report for MW -5, MW -13, MW-15, MW -16 MWA6A, MW- , 18, MW -19, MW -21, MW -25, MW -28, and MW -28B, on June 6, 2013 which was within the Permit - established submission timeframe. The facility submitted a well instillation report for MW- 15BNES, MW -25C, MW -27C, and MW -28D on June 11, 2013 which was within the required regulatory timeframe. 0 -81 -260 Corrective action program -The facility submitted its 2012 CASE report on May 31, 2012, which fell inside the re uired Permit - established submission timeframe. 0 -81- 610 -660 Special Waste 640- One load of tires was hauled to Emanuel Tire on May 1, 2013. 650- The collected metals and white goods are hauled to Auto Cycle. A 0.61 ton load of metal was hauled on May 14, 2013, 1.23 ton load of metal was hauled on May 8, 2013, and a 0.48 ton load of metal was hauled on May 9, 2013. Overall Inspection Comments Compliance Evaluation Inspection -CEI BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary landfill at 10:30 am on July 22, 2013 for an unannounced inspection. He was greeted by Ms. Vicky Medford and Hugh Kelly, at the facility office. A site inspection was conducted with Mr. Kelly. An exit interview was held with Mr. Kelly at the end of the inspection. Page 2 of 3 RinDate: 12-AUG-13 Commonwealth of Virginia Permit No.: SWP571 02:55:07 PM Department of Environmental Quality Insp. Date: 22- JUL -13 The weather was cloudy and hot with the temperatures the 90's. Time of departure 1:30 pm. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or if there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act ( Va.Code 2.2 -4000 at seq). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3 (9 12�uvLF= MAY 3 0 2013 COMMONWEALTH of VIRGINIA Douglas W. Domenech Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Lynchburg Office Blue Ridge Regional Office 7705 Timberlake Road WWW.deq.virginia.gov Lynchburg, Virginia 24502 (434) 582 -5120 Fax(434)582 -5125 May 29, 2013 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 NO DEFICIENCY LETTER Re: Pittsylvania County Landfill - SWP 571 Unannounced Compliance Inspection — April 29, 2013 Dear Mr. Hawker: David K. Paylor Director Robert J. Weld Regional Director Roanoke Office 3019 Peters Creek Road Roanoke. Virginia 24019 (540) 562 -6700 Fax (540) 562-6725 On April 29, 2013 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Waste Management Act, Virginia Solid Waste Management Regulations (9VAC20- 81 -10 et seq,) and the SWP 571. During the inspection no apparent violations of your SWP 571, or 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582 -6248 or by e -mail at Malvin. Lafoon(i4deq. virizmia. gov. Sincerely, Mal Lafoon Solid Waste Inspector cc: DEQ ECM Solid Waste Files Run Date: 21- MAY -13 Commonwealth of Virginia Permit No.: SWP571 08:52:59 AM Department of Environmental Quality Insp. Date: 29-APR -13 Facility Name: Pittsylvania Co - Sanitary Landfill Region: South Central Regional Office Inspected By: Lafoon, Malvin D Reference Description Sanitary Landfill fSW] Inspection Report Permit No.: SWP571 Inspection Date: 29-APR -13 SIAVO 10.1- 1408.1 Disclosure Statement I IX 1 10 10.1- 1408.2 Operator Certification I 111XI 111X 1 10 20 -70 -10 et seq. Financial Assurance I 111XI 111X 1 10 20 -90 -10 et seq. Permit Action Fees I II 0 20 -81 -80 Waste Assessment Program 0 20 -81 -100.13 Compliance with the facility's permit 0 20- 81 -100.E Unauthorized waste program and inspection 0 20-81 -130 Facility design / construction tx 0 20- 81- 140.A.114 Safety and fire control If 0 20- 81- 140.A.6 Pollutant discharge 0 20- 81- 140.A.7 Stormwater control system maintenance 0 20- 81- 140.A.8,14 -15 Faci lity operation, maintenance, and training II X 0 20- 81- 140.A.9 -13 Hazard and nuisance control I X 0 20- 81- 140.A.16 Facility self inspections I X 0 20- 81- 140.A.17 Record maintained of waste received and processed I X 0 20 -81 -140.13 Compaction, cover & working face I X 0 20-81 -160 Closure requirements II 0 20 -81 -170 Post - closure care requirements II 0 20- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping II X 0 20- 81 -200.0 Decomposition gas - remediation III 0 20 -81 -200.13 Decomposition as -odor management I 0 20-81 -210 Leachate control II X 0 20-81 -250 Groundwater monitoring program II X 0 20 -81 -260 Corrective action program it X 0 20- 81-485 Operations Manual II 0 20-81 -530 Permittee recordkeeping and reporting II 0 20- 81-610 -660 Special Waste 11 0 S = Severity Level I = Inspected A= Area of concern Pagel of 3 V = Alleged violation O = Occurrences Run Date: 21- MAY -13 Commonwealth of Virginia 08:52:59 AM Department of Environmental Quality Sanitary Landfill [SW] General Comments Reference Comments Permit No.: SWP571 Insp. Date: 29- APR -13 10.1- 1408.1 Disclosure statement - An updated disclosure statement is on file at BRRO Lynchburg. There have not been any changes that have rendered the DS invalid. 10.1 - 1408.2 Operator certification - The facility has two certified landfill operators: Mr. Lester Burgess .... Carl. # 4605002929.... Expires November 30, 2014 Mr. Darryl Dunford .... Carl. # 4605001979.... Expires November 30, 2013 0 -70 -10 et se g. Financial Assurance - The facility is in Financial Assurance compliance until December 30, 2013. 0- 81 -100.E Unauthorized waste program and inspection - Unauthorized waste training was conducted on December 19, 2012. The facility is conducting at least one unauthorized waste load inspection daily. The load inspection forms were reviewed for February 2013 through March 2013 and appeared adequate: Month ....... # of Loads ..... # of inspections February ......... 964 .............32 March ....... ...... 948 ............. 35 0.81- 140.A.1,4 Safety and fire control - The facility holds twice a month safety meetings which are conducted for landfill personnel. The safety meetings were held on: February 21, 2013, March 28 and 29, 2013. 0- 81- 140.A.6 Pollutant discharge - No leachate or solid waste was observed draining or deposited on surface water or wetlands at the facility as described under subsections 140.A.6. a through 140.A.6.d. 0.81- 140.A.7 The outfall for the sediment basin (SB) on the north east side of the landfill was cleaned and a slope drain running from the borrow area was installed on the south end of the basin. The SB on the west side of the landfill was holding water to the dewatering pipe. The SB behind dosed Cell 1 weir structure looks good with no signs of washing. The SB behind the garage is holding water to the dewater pipe on the riser. 0- 81- 140.A.8114 -15 Facility operation, maintenance, and training - All the equipment was in working order. A new engine was installed in the 973 loader the week before the inspection. 0- 81- 140.A.9 -13 Hazard and nuisance control 140. 9 No blowing litter was observed during the inspection. 140.12 There was some mud on the roads due to recent rains but all the roads were passable. 0- 81- 140.A.16 Facility self inspections - The facility self inspection reports for February 2013 through March 2013 were reviewed and were complete. The facility inspects the following on a weekly basis: erosion and sediment conditions; road conditions; leachate collection system and equipment reventive maintenance. 0- 81- 140.A.17 Record maintained of waste received and processed - The facility provided information showing the total monthly tonnage of waste received: Date ...............Monthly Tonnage ...... .......... Daily Average Tonnage February ........... 3776.12 ....... .........................125.87 March ............... 3075.51 ................................. 102.52 The tonnages reported were below the 150 tons per day permitted limit. 0 -81 -1403 Compaction, cover & working face - The working face was 50'X 200' including a dump lane. The waste is being laced in the working face on the south area of Phase 11, Cell A. 0- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping 200. A - First quarter 2013 landfill gas (LFG) monitoring was conducted on February 20, 2013. The second quarter LFG monitoring is scheduled for later part of May. 200. E - Records of the February 20, 2013 monitoring event were checked during the last inspection. 0 -81 -210 Leachate control system and monitoring - The records for February 2013 through March 2013 were reviewed. The records showed that 194,292 gallons of leachate were pumped from Pump 1 and 460,404 gallons were pumped from Pump 2. The facility pumps the leachate from the leachate pond and hauls to the Pitts Ivania County Service Authority W WTP located near the Town of Chatham. 0 -81 -250 Groundwater monitoring program - The facility submitted the Phase 11 2012 annual groundwater monitoring report ( AGWMR) on February 13, 2013, which was within the required regulatory time frame. The Phase 12012 AGWMR was submitted on March 11, 2013 and is currently under review. The 2013 First quarter GPS exceedance for the Phase II Laboratory report and the exceedance notification was received by DEQ on March 6, 2013 which was within the required regulatory timeframe. 0 -81 -260 Corrective action program - The facility submitted its 2012 Correction Action Site Evaluation (CASE) for Phase I on May 31, 2012. The review letter was issued on April 4, 2013. Overall Inspection Comments Compliance Evaluation Inspection -CEI BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary landfill at 12:50 Page 2 of 3 Run Date: 21- MAY -13 Commonwealth of Virginia 08:52:59 AM Department of Environmental Quality Permit No.: SWP571 Insp. Date: 29- APR -13 pm on April 29, 2013 for an unannounced inspection. He was greeted by Mr. L.J. Burgess, Landfill Manager, and Licensed Operator, at the facility office. An exit interview was held with Mr. Burgess at the and of the inspection. The weather was cloudy and cool with the temperatures the 50's. Time of departure 3:15 pm. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report Is incorrect, if you have taken appropriate action to meet compliance, or if there is other Information that the department should consider regarding these alleged violations. PLEASE be advised that this report Is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act (Va.Code 2.24000 at seq). If Informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fad finding under the APA on whether or not a violation has occurred. Page 3 of 3 cm COMMONWEALTH of VIRGINIA Douglas W. Domenech secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Lynchburg Office Blue Ridge Regional Office 7705 Timberlake Road www.deq.virginia.gov Lynchburg, Virginia 24502 (434) 582 -5120 Fax(434)582 -5125 April 2, 2013 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 NO DEFICIENCY LETTER Re: Pittsylvania County Landfill - SWP 571 Unannounced Compliance Inspection — February 25, 2013 Dear Mr. Hawker: David K. Paylor Director Robert J. Weld Regional Director Roanoke Office 3019 Peters Creek Road Roanoke, Virginia 24019 (540) 562 -6700 Fax(540)562 -6725 On February 25, 2013 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Waste Management Act, Virginia Solid Waste Management Regulations (9VAC20- 81-10 et seq,) and the SWP 571. During the inspection no apparent violations of your SWP 571, or 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582 -6248 or by e -mail at Malvin. Lafoon2deq.vir inia.gov. Sincerely, Mal La oon !r. Solid Waste Inspector cc: BRRO- Lynchburg Solid Waste Files SWP 571 - Compliance File Run date: 02- APR -13 Commonwealth of Virginia Permit No.: SWP571 11:27:56AM Department of Environmental Quality Insp. Date: 25- FEB -13 Facility Name: Pittsylvania Co - Sanitary Landfill Region: South Central Regional Office Inspected By: Lafoon, Malvin D Reference Description Sanitary Landfill [SW] Inspection Report Permit No.: SWP571 Inspection Date: 25- FEB -13 SIAVO 10.1- 1408.1 Disclosure Statement I IX 1 10 10.1- 1408.2 Operator Certification I 111XI 111X 1 10 20 -70 -10 at seq. Financial Assurance I II X 1 10 20 -90 -10 at seq. Permit Action Fees I 111XI 111X 1 10 20 -81 -80 Waste Assessment Program I IX 1 10 20 -81 -100.6 Compliance with the facility's permit II 0 20- 81 -100.E Unauthorized waste program and inspection II X 0 20-81 -130 Facility design / construction I X 0 2D- 81- 140.A.114 Safety and fire control II X 0 20- 81- 140.A.6 Pollutant discharge III X 0 20- 81- 140.A.7 Stormwater control system maintenance II X 0 20- 81- 140.A.8,14 -15 Facility operation, maintenance, and training I 111XI 111X 1 0 20- 81- 140.A.9 -13 Hazard and nuisance control IX 0 20- 81- 140.A.16 Facility self inspections I X 0 20- 81- 140.A.17 Record maintained of waste received and processed I X 0 20 -81 -140.6 Compaction, cover & working face I X 0 20-81 -160 Closure requirements II 0 20 -81 -170 Post - closure care requirements 11 0 20.81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping If X 0 20- 81 -200.0 Decomposition gas- remediation 11111111 0 20 -81 -200.1) Decomposition gas -odor management 1 11 1 1 10 20 -81 -210 Leachate control II X1 I 0 20 -81 -250 Groundwater monitoring program II X1 1 0 20-81 -260 Corrective action program 11 X 0 20- 81-485 Operations Manual II X 0 20 -81 -530 Permittee recordkeeping and reporting II 0 20-81- 610 -660 Special Waste Ej 111X 111XI 1 101 S = Severity Level I = Inspected A= Area of concern Page 1 of 3 V = Alleged violation O = Occurrences Run Date! 02- APR -13 Commonwealth of Virginia Permit No.: SWP571 11:27:56 AM Department of Environmental Quality Insp. Date: 25- FEB -13 Sanitary Landfill [SW] General Comments Reference Comments 10.1- 1408.1 Disclosure statement - An updated disclosure statement is on file at BRRO Lynchburg. There have not been any changes that have rendered the DS invalid. 10.1- 1408.2 Operator certification - The facility has two certified landfill operators: Mr. Lester Burgess.... Cart. # 4605002929.... Expires November 30, 2014 Mr. Darryl Dunford .... Cart. # 4605001979.... Expires November 30, 2013 0 -70 -10 at seg. Financial Assurance - The facility is in Financial Assurance compliance until December 30, 2013. 0 -81 -80 Waste Assessment Program - The facility is reminded that the Solid Waste Information and Assessment (SWIA) Reporting Form DEQ 50-25 needs to be submitted by March 31, 2013. The online form is available and can be accessed at https: // node. deq. virginia .gov /SWIAWebApp /login.jsp. 0 -81 -100.11 Unauthorized waste program and inspection - Unauthorized waste training was conducted on December 19, 2012. The facility is conducting at least one unauthorized waste load inspection daily. The inspections appear to be random. The load inspection forms were reviewed for November 2012 through January 2013 and appeared adequate: Month ....... # of Loads ..... # of inspections November ........ 926 ..............26 December ....... 872 ..............29 January ............ 788 ..............30 0 -81 -130 Facility design / construction - The Construction Quality Assurance (CQA) documentation for Phase II Cell B was approved by DEQ on January 9, 2013. 0.81- 140.A.114 Safety and fire control - The facility holds twice a month safety meetings which are conducted for landfill personnel. The safety meetings were held on: November 26 and 28, 2012, December 6 and 19, 2012 and January 3 and 17, 2013. 0- 81- 140.A.6 Pollutant discharge - No leachate, pollutants or other solid waste as described under subsections 140.A.6.a through 140.A.6.d were observed entering surface waters or wetlands at the facility. 0- 81- 140.A.7 Stormwater control system maintenance - The sediment basins located on both sides of the active landfill were holding water to the dewatering devices. The ditches running on the west side of the active landfill and were open, clear of debris and stabilized with vegetation. 0- 81- 140.A.8,14 -15 Facility operation, maintenance, and training - All equipment was in working order during the inspection. The compactor, excavator, and loaders were observed in operation at the working face. 0- 81- 140.A.16 Facility self inspections - The facility self inspection reports for November 2012 through January 2013 were reviewed and were complete. The facility inspects the following on a weekly basis: erosion and sediment conditions; road conditions; leachate collections stem and equipment reventive maintenance. 0- 81- 140.A.17 Record maintained of waste received and processed - The facility provided information showing the total monthly tonnage of waste received: Date ...............Monthly Tonnage ................ Daily Average Tonnage November ............. 3192.66 .......................... 106.42 December .............. 2722.18. ..........................90.74 January ................... 2440.25 ........................... 81.34 The tonnages reported were below the 150 tons per day permitted limit 0.81 -140.13 Compaction, cover & working face - The working face was 100'X 100' with a 100'x 16' dump lane. The waste is being laced in the working face on the south area of Phase II, Cell A. 0- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping 200. A - First quarter 2013 landfill gas (LFG) monitoring was conducted on February 20, 2013. No exceedances of the tower explosive limit (LEL) or levels reaching the 80% action level for methane were reported at the gas boundary probes. No LFG levels were reported requiring action in the facility or off site. 200. E - Records of the February 20, 2013 monitoring event were available for review at the facility's office /scale house at the time of the inspection. All required information on the gas monitoring log was recorded. 0 -81 -210 Leachate control system and monitoring - The records for November 2012 through January 2013 were reviewed. The records showed that 426,552 gallons of leachate were pumped from Pump 1 and 488,712 gallons were pumped from Pump 2. The leachate pond was observed and looked well below the storage capacity. The facility pumps the leachate from the leachate pond and hauls to the Pitts Ivania County Page 2 of 3 Run Dater 02- APR -13 Commonwealth of Virginia Permit No.: SWP571 11:27:56 AM Department of Environmental Quality Insp. Date: 25- FEB -13 Sanitary Landfill [SW] General Comments Reference Comments Overall Inspection Comments Compliance Evaluation Inspection -CEI BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary landfill at 10:00 AM on February 25, 2013 for an unannounced inspection. He was greeted by Mr. L.J. Burgess, Landfill Manager, and Licensed Operator, at the facility office. An exit interview was held with Mr. Burgess at the end of the inspection. The weather was cloudy and cold with the temperatures the 40's. Time of departure 12:30 pm. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or If there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act (Va.Code 2.2 -4000 at seq). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3 Service Authority W WTP located near the Town of Chatham. 0-81 -250 Groundwater Monitoring Program - The Phase II compliance well network was checked during the inspection. All wells were locked, marked and had stable pads. Wells observed in order of observation: MW -10, MWAA, MW -102, MW -103, MW -108. MW -109A, MW -1098, MW -109C, MW -104A, MWA 10, MW -10 and MW -105. The 2012 4th quarter GPS exceedance for the Phase II Laboratory report was dated October 26, 2012 and the exceedance notification was received by DEQ on November 14, 2012 which was within the required regulatory timeframe. 0 -B1 -260 Corrective action program Since this facility is subject to a corrective action program [9 VAC 20 -81 -260], you may consider requesting a variance from the requirement to submit semi - annual groundwater monitoring reports [9 VAC 20- 81- 250.B.3.f.(3).(1b).] as a means of reducing your regulatory reporting burden. Additional information on the Reporting Reduction Variance petition can be found under the Groundwater Frequently Asked Questions (FAQ) at: hftp://www.deq.virginia.gov/Programs/LandProtectionRevitalization/SolidHazardousWasteRegulatoryProg ams/ SolidWaste /GroundwaterMonilorin .as x 0-81 -485 Operations Manual - The operations manual was observed in place and was certified updated on December 13, 2012. 0 -81- 610 -660 Special Waste - One load of tires was hauled to Emanuel Tire on December 19, 2012. Overall Inspection Comments Compliance Evaluation Inspection -CEI BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary landfill at 10:00 AM on February 25, 2013 for an unannounced inspection. He was greeted by Mr. L.J. Burgess, Landfill Manager, and Licensed Operator, at the facility office. An exit interview was held with Mr. Burgess at the end of the inspection. The weather was cloudy and cold with the temperatures the 40's. Time of departure 12:30 pm. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or If there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act (Va.Code 2.2 -4000 at seq). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3 �s;° AUG 2 9 2012 La ✓_/i David K. P- y or COMMONWEALTH of VIRGI IA_____ n e . l Douglas W. Domenech secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Lynchburg Office Blue Ridge Regional Office 7705 Timberlake Road www.deq.virginia.gov Lynchburg, Virginia 24502 (434) 582 -5120 Fax(434)582 -5125 August 27, 2012 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 NO DEFICIENCY LETTER Re: Pittsylvania County Landfill - SWP 571 Unannounced Compliance Inspection — August 13, 2012 Dear Mr. Hawker: Robert 1. Weld Regional Director Roanoke Office 3019 Peters Creek Road Roanoke, Virginia 24019 (540) 562 -6700 Fax (540) 562-6725 On August 13, 2012 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Waste Management Act, Virginia Solid Waste Management Regulations (9VAC20- 81-10 et seq) and the SWP 571. During the inspection no apparent violations of your SWP 571, or 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582 -6248 or by e-mail at Malvin.Lafoon@deg.virginia.gov. Sincerely, Mal L on Jr. Solid Waste Inspector cc: BRRO- Lynchburg Solid Waste Files SWP 571 - Compliance File 03:32:40 PM Department of Environmental Quality Sanitary Landfill [SW] Inspection Report Facility Name: Pittsylvania Co- Sanitary Landfill Region: South Central Regional Office Inspected By: Lafoon, Malvin D Reference Description Insp. Date: 13- AUG -12 Permit No.: SWP571 Inspection Date: 13- AUG -12 SIAVO 10.1- 1408.1 Disclosure Statement I X 0 10.1- 1408.2 Operator Certification II X 0 20 -70 -10 at seq. Financial Assurance IIIXI I 10 20 -90 -10 at seq. Permit Action Fees III I 1 0 20 -81 -80 Waste Assessment Program I 0 20- 81 -100.B Compliance with the facility's permit II 0 20- 81 -100.E Unauthorized waste program and inspection II X 0 20-81 -130 Facility design / construction 11 1 0 20- 81- 140.A.1,4 Safety and fire control I IIIxj 0 20- 81- 140.A.6 Pollutant discharge 11111 1 0 20- 81- 140.A.7 Stormwater control system maintenance 1 II XI 1 0 20- 81- 140.A.8114 -15 Facility operation, maintenance, and training 1 II X1 1 0 20- 81- 140.A.9 -13 Hazard and nuisance control I I X 0 20- 81- 140.A.16 Facility self inspections I I X 0 20- 81- 140.A.17 Record maintained of waste received and processed I I X 0 20-81 -140.6 Compaction, cover & working face I I X 0 20 -81 -160 Closure requirements 1 II 10 20-81 -170 Post - closure care requirements 1 II 10 20- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping II X 1 10 20- 81 -200.0 Decomposition gas- remediation 1111 0 20- 81 -200.D Decomposition gas -odor management 1 0 20 -81 -210 Leachate control II X 0 20 -81 -250 Groundwater monitoring program II X 0 20-81 -260 Corrective action program II X 0 20 -81 -485 Operations Manual 11 X 0 20 -81 -530 Permittee recordkeeping and reporting 11 0 20- 81-610 -660 Special Waste II X 0 S = Severity Level I = Inspected A= Area of concern Page 1 of 3 V = Alleged violation O = Occurrences 03:32:40 PM Department of Environmental Quality Insp. Date: 13- AUG -12 Sanitary Landfill [SW] General Comments Reference Comments 10.1- 1408.1 Disclosure Statement - The facility disclosure statement lists the following key personnel: William D. Sleeper Otis S. Hawker Lester J. Burgess Darrell L. Dunford Hugh T. Kelly 10.1- 1408.2 Operator certification - The facility has two certified landfill operators: Mr. Lester Burgess .... Cert. # 4605002929.... Expires November 30, 2012 Mr. Daqyl Dunford .... Cert. # 4605001979.... Expires November 30, 2013 20 -70 -10 et se g. Financial Assurance - The facility is in financial assurance (FA) compliance until December 30, 2012. 20-81-100.E Unauthorized waste program and inspection - The facility is conducting at least one unauthorized waste load inspection daily. The inspections appear to be random and not just one or two of the same haulers. The load inspection forms were reviewed for June 2012 through July 2012 and appeared adequate: Month ....... # of Loads ..... # of inspections June ................. 961 .................... 32 July ....... ..... . ...... 1074 .................. 28 0- 81- 140.A.1,4 Safety and fire control - The facility holds twice a month safety meetings which are conducted for landfill personnel. The safety meetings were held on: June 26, 2012 the topic of the meeting was P.P.E., and July 12, 2012 the topic was hot weather, snakes, and stinging insects. 20$1- 140.A.7 Stormwater control system maintenance - The sediment basin located on the east of the active landfill had a new dewatering device installed and was holding water to that level. All stormwater channels were open and clear of debris so that runoff could flow freely. 20- 81- 140.A.8314 -15 Facility operation, maintenance, and training 140. A.B. An attendant was on duty at the scale house during the inspection. The gate is equipped with a lock. The facility has a fence around the property and a gate at the entrance. 140. A.15 All equipment was in working order during the inspection. The equipment includes; Cat 836 compactor, Cat 816 compactor, Cat 973 track loader, 312 excavator and CAT D7. The facility also has a water truck that was in operation during the inspection. 20- 81- 140.A.9 -13 Hazard and nuisance control 140.A.9 The litter was scheduled for pick up by county inmates during the inspection. 140.A.10. There were no odors or vectors that would constitute a nuisance or hazard. 140.A.11. There is no salvaging allowed at this facility. 0- 81- 140.A.16 Facility self inspections - The facility self inspection reports for June 2012 through July 2012 were reviewed during the inspection and were complete. The facility inspects the following on a weekly basis: erosion and sediment conditions; road conditions; leachate collection system and equipment preventive maintenance. 0- 81- 140.A.17 Record maintained of waste received and processed - The facility provided information showing the total monthly tonnage of waste received: ! Date ...............Monthly Tonnage ................ Daily Tonnage June ................... 3084.51.......... .........................102.82 July ..................... 3639.84 ................................... 121.33 The tonnages reported were below the 150 tons per day permitted limit. 20 -81 -140.8 Compaction, cover & working face - 140.B.t.a -e - Waste is being placed in the working face on the south -west area of Phase II, Cell A. 140.8.4 - No unauthorized waste were observed in the working face area. 140.8.5 - No white goods were observed in the working face area. 20- 81- 200.A,B3E Decomposition gas concentrations, monitoring & recordkeeping - 200.A - Second quarter 2012 landfill gas (LFG) monitoring was conducted on May 17, 2012. No exceedances of the lower explosive limit (LEL) or levels reaching the 80% action level for methane were reported at the gas boundary probes. All gas probes (GP) were inspected during the inspection and were found to be locked, labeled, and had stable pads. 200.E - Records of the May 17, 2012 monitoring event were available for review at the facility's office/scale house at the time of the inspection. All required information on the gas monitoring log was i recorded. 20 -81 -210 Leachate control system and monitoring - The facility pumps the leachate from the leachate pond to the Pittsylvania County Service Authority W WTP. The records for May 2012 through June 2012 were reviewed during the inspection. The records showed that 40,572 gallons of leachate were pumped from Page 2 of 3 03:32:40 PM Department of Environmental Quality Insp. Date: 13- AUG -12 Sanitary Landfill [SWI General Comments Reference Comments Overall Inspection Comments CEI - Compliance Evaluation Inspection - BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary Landfill (SWP 571) on August 13, 2012 at approximately 10:30 AM to conduct an unannounced inspection. He was greeted by Mr. Hugh Kelly Assistant Landfill Manager and Ms. Vicky Medford at the landfill office. The records review was conducted with Ms. Medford. The onsite inspection of the facility and exit interview were conducted with Mr. Kelly. The inspector departed the site at 1:30 PM. The weather was sunny and approximately 80 degrees at the time of the inspection. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or if there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act (Va.Code 2.24001, at seq.). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3 Pump 1 and 617,400 gallons were pumped from Pump 2. The leachate pond was observed during the inspection and looked well below the storage capacity. 0 -81 -250 Groundwater- Monitoring Program - The facility consists of two areas. Phase I is closed and Phase 11 is active. Phase I is monitored semi - annual, and Phase If is monitored quarterly. The first Semi - annual groundwater monitoring report for Phase I was received on August 1, 2012. The 2011 Annual Review Response for Phase II was received within the required 30 day response time. The second quarterly monitoring report was received on July 30, 2012. 0 -81 -260 Corrective action program -The corrective action remedy chosen for Phase I and Phase II is Monitored Natural Attenuation (MNA). Corrective Action Status Evaluation (CASE) reports for the Monitored Natural Attenuation (MNA) remedy are due every three (3) years. The CASE report was received on May 31, 2012 and on time based on the CAP issue date of June 1, 2006. 0. 81-485 Operations Manual - An updated certification page is due on or before the current signature date. Overall Inspection Comments CEI - Compliance Evaluation Inspection - BRRO Solid Waste Inspector Mal Lafoon arrived at the Pittsylvania County Sanitary Landfill (SWP 571) on August 13, 2012 at approximately 10:30 AM to conduct an unannounced inspection. He was greeted by Mr. Hugh Kelly Assistant Landfill Manager and Ms. Vicky Medford at the landfill office. The records review was conducted with Ms. Medford. The onsite inspection of the facility and exit interview were conducted with Mr. Kelly. The inspector departed the site at 1:30 PM. The weather was sunny and approximately 80 degrees at the time of the inspection. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or if there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act (Va.Code 2.24001, at seq.). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3 COMMONWEALTH of VIRGINIA Douglas W. Domenech Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Lynchburg Office Blue Ridge Regional Office 7705 Timberlake Road www.deq.virginia.gov Lynchburg, Virginia 24502 (434) 582 -5120 Fax(434)582 -5125 April 3, 2012 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 No DEFICIENCY LETTER Re: Pittsylvania County Landfill - SWP 571 Unannounced Compliance Inspection — March 12, 2012 Dear Mr. Hawker. David K. Paylor Director Robert J. Weld Regional Director Roanoke Office 3019 Peters Creek Road Roanoke, Virginia 24019 (540) 562 -6700 Fax (540) 562-6725 On March 12, 2012 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Solid Waste Management Regulations (9VAC20 -81 -10 at seq,) and SWP 571. During the inspection no apparent violations of your SWP 571, or the 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582 -6248 or by e-mail at Malvin. Lafoon(fteo.viroinia.aov. ' cerely, Mal Lafoo J7 — Solid Waste Inspector cc: BRRO Solid Waste Files SWP 571 Inspection Reports Inenacfinn Ran rf - acility Name: Prttsylvania co - Sandary Landfill legion: South Central Regional Office nspected By: Lafoon, Malvin D Reference Description 10.1- 1408.1 Disclosure Statement 10.1- 1408.2 Operator Certification 20 -70 -10 et seq. Financial Assurance 20 -90 -10 et seq. Permit Action Fees 20 -81 -80 Waste Assessment Program 20- 81 -100.B 20- 81 -100.E 20-81 -130 20- 81- 140.A.114 20- 81- 140.A.6 20- 81- 140.A.7 20- 81- 140.A.8114 -15 20- 81- 140.A.9 -13 20- 81- 140.A.16 20- 81- 140.A.17 20 -81 -140.6 20 -81 -160 20-81 -170 20- 81 -200.0 20- 81 -200.D 20-81 -210 20-81 -250 20-81 -260 20- 81-485 20 -81 -530 '20- 81-610 -660 S = Severity Level Compliance with the facility's permit Unauthorized waste program and inspec Facility design / construction Safety and fire control Pollutant discharge Stormwater control system maintenance Facility operation, maintenance, and trail Hazard and nuisance control Facility self inspections Record maintained of waste received and Compaction, cover & working face Closure requirem Post - closure care Leachate control Groundwater monil Corrective action p Operations Manual 'I. Permittee recordkeeping and Special Waste ---------- - - - - -- -- I = Inspected A= Area of concern Page 1 of 3 0 Permit No.: SWP571 Inspection Date: 12- MAR -12 SIAVO X: 0 111X'; 0' II! 16G 12:37:16 PM Department of Environmental Quality Insp. Dale: 12- MAR -12 Inenacfinn Ran rf - acility Name: Prttsylvania co - Sandary Landfill legion: South Central Regional Office nspected By: Lafoon, Malvin D Reference Description 10.1- 1408.1 Disclosure Statement 10.1- 1408.2 Operator Certification 20 -70 -10 et seq. Financial Assurance 20 -90 -10 et seq. Permit Action Fees 20 -81 -80 Waste Assessment Program 20- 81 -100.B 20- 81 -100.E 20-81 -130 20- 81- 140.A.114 20- 81- 140.A.6 20- 81- 140.A.7 20- 81- 140.A.8114 -15 20- 81- 140.A.9 -13 20- 81- 140.A.16 20- 81- 140.A.17 20 -81 -140.6 20 -81 -160 20-81 -170 20- 81 -200.0 20- 81 -200.D 20-81 -210 20-81 -250 20-81 -260 20- 81-485 20 -81 -530 '20- 81-610 -660 S = Severity Level Compliance with the facility's permit Unauthorized waste program and inspec Facility design / construction Safety and fire control Pollutant discharge Stormwater control system maintenance Facility operation, maintenance, and trail Hazard and nuisance control Facility self inspections Record maintained of waste received and Compaction, cover & working face Closure requirem Post - closure care Leachate control Groundwater monil Corrective action p Operations Manual 'I. Permittee recordkeeping and Special Waste ---------- - - - - -- -- I = Inspected A= Area of concern Page 1 of 3 0 Permit No.: SWP571 Inspection Date: 12- MAR -12 SIAVO X: 0 111X'; 0' II! 16G 0 I'X! 0 ' 11.. 0 If:X 0 V = Alleged violation O = Occurrences 12:37:76 PM Department of Environmental Quality Insp. Date: 12- MAR -12 Sanitary Landfill [SM General Comments Reference Comments 10.1- 1408.1 Disclosure statement -An updated disclosure statement is on file at BRRO Lynchburg. There have not been any changes that have rendered the DS invalid. 10.1-1408.2 Operator certification - The facility has two certified landfill operators: Mr. Lester Burgess.... Gen. # 4605002929.... Expires November 30, 2012 Mr. Darryl Dunford....Cert # 4605001979.... Expires November 30, 2013 - — - 20 -70 -10 at seq. _ - Financial Assurance - The facility is in financial assurance (FA) compliance until December 30 2012 20 -81 -80 Waste Assessment Program - The Solid Waste Inventory Assessment form (DEQ form 50-25) will need to be submitted by March 31, 2012. The SWIA form can be accessed online at htt ps:// www.deq.virginia.gov /SWIAWebApp /login.jsp. Please contact Chris Keehan if there are any questions at 434 - 562 -6243. 20- 81 -100.E Unauthorized waste program and inspection - The random load inspections were discussed with the facility personnel at the time of the inspection. The load inspection forms were reviewed during the inspection. The facility is conducting one unauthorized waste load inspection daily. Load inspections for December 2011 through February 2012 were reviewed and appear adequate: -. Month ....... # of Loads ..... # of inspections Dec. 2011 .........895 .................27 Jan. 2012 ..........914 ................25 Feb. 2012.. ...1070.................. 27 20- 81- 140.A.114 Safety and fire control - Monthly safety meetings were conducted with the collections and disposal groups on January 17, 31, 2012 and February 23, 27, 2012. There have been no fires during the quarter since the last compliance inspection. 20-61 140.A.6 Pollutant discharge - No leachate, pollutants or other solid waste as described under subsections 140 A.6.a through 140.A 6.d were observed entering surface waters or wetlands at the 20- 81- 140.A.8914 -15 _facility. Facility operation, maintenance, and training 140. A.8. The gate is equipped with a lock. An attendant was on duty at the scale house during the inspection. The facility has a fence around the property and a gate at the entrance. 140. A.15 All equipment was in working order during the inspection. The equipment includes; Cat 836 compactor, Cat 816 compactor, Cat 973 track loader, 312 excavator and CAT D7. Three operators were observed during the inspection at the working face._ 20-81 140.A.9-13 Hazard and nuisance control 140.A.9 The litter was scheduled for pick up by county inmates during the inspection. 140.A.12. A water truck was in. operation during the inspection. 20- 81- 140.A.16 __ Facility self inspections - The facility inspects the following on a weekly basis: erosion and sediment conditions; road conditions; leachate collection system and equipment preventive maintenance. The facility self inspections reports for December 2011 through February 2012 were reviewed during the inspection and were complete._ _ - 20- 81- 140.A.17 Record maintained of waste received and processed - The facility provided information showing the total monthly tonnage of waste received. Total provided: Date ...............Monthly Tonnage Dec. 2011.......2950.57 Jan. 2012........3516.48 Feb. 2012........4664.95 The tonnages reported were below the 150 tons per day permitted limit. 20 -81 -140.8 Compaction, cover 8 working face - 20- 81- 140.B.t.c - The south to center area of Phase 11, Cell A, was being used as the active working face at the time of the inspection. The area under daily cover appeared to have at least 6 inches of compacted_ soil. 20- 81- 200.A,B,E Decomposition gas concentration - No exceedances of the Lower Explosive Limit (LEL) at gas boundary probes or 25% of the LEL in facility structures were reported for the fourth quarter gas monitoring. The fourth quarter Phase I and Phase 11 gas monitoring was conducted on November 3, 2011. 20-81 -200.1) Decomposition gas -Odor Management - No complaints of odor nuisances or hazards have been received by the facility or by- 20 -61 -210 m oDEQ. __ LeacheIs contro l system and ntoring - Reports of the q -us nhty of leachate pumped to the PiUsyivanIa County Service Authority were reviewed for October 2011 through January 2012 during which 337,564 gallons of leachate were pumped from Pump 1 and 278,712 gallons were pumped from Pump 2. During the inspection, the leachate pond was observed and appeared well within its storage capacity. Page 2 of 3 ��......�....,...._.. �. _ . a..._ , ,,,,,lot I VW1 I ,.., ... , 12:37:16 PM Department of Environmental Quality Insp. Date: 12- MAR -12 Sanitary Landfill [SWI General Comments Reference Comments 20 -81 -250 Groundwater - Monitoring Program - On January 4, 2012 DEQ approved a monitoring frequency change to semiannual for Phase I. Phase II remains under quarterly monitoring. The quarterly groundwater monitoring events are conducted in January, April, July and October of each groundwater monitoring year. The downgradient wells were checked during the inspection. All wells were locked, marked and had', stable pads. The wells were inspected in the following order. MW -10, MW -101, MW -102, MW -102, MW -104A, MW -108, MW -25, NES MW -27, MW -27, MW -27A, MW -27B, MW -28B, MW -288, MW- 28, MW -28C s, MW -28C d, MW -109, MW -109A, and MW -109B. All reports for Phase I and Phasell were submitted in a timely manner. A request to reduce COC list for Phase I was received on December 22, 2012. 120 -81 -260 Corrective action program - On March 8, 2012, the ACM Addendum no further action letter was issued. On March 9, 2012 - - -- — - -- -- e CAP ---- �----- ---- expo — signed -- l 9 1', 2�0 81 485 Operations Manual- A co of the updated ated Operations Manual, including a certification page was _observed at the landfill office during the ri spection issued with a response due within 60 days _of the letter ate.: -- r10-81- 610 -660 Special Waste 20-81 -640- A 6.47 ton load of tires was hauled to Emanuel Tire on December 28, 2011. 20- 81-650- The collected metals and white goods are hauled to Auto Cycle. A 0.78 ton load of metal was hauled on December 20, 2011 and a 3.11 ton load of metal was hauled on February 8, . 2012._ Werall Inspection Comments )n March 12, 2012, the DEQ conducted an unannounced Compliance Evaluation Inspection (CEI) at Pittsylvania County Sanitary Landfill SWP 571). Mal Lafoon solid waste inspector arrived at the facility at 9:00 AM. He was greeted by Mr. Lester Burgess who provided access to he facility's records. Mr. Lester Burgess accompanied the inspector on the field portion of the inspection. Waste is currently being placed in 3hase II, Cell A. Neather conditions for the day were clear with temperatures in the 80's. An exit interview was conducted with Mr. Burgess following the nspection. Departure time was 12:15 pm. 'LEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken ppropriate action to meet compliance, or if there Is other information that the department should consider regarding these alleged iolations. $LEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under he Administrative Process Act ( Va.Code 2.24001, at seq.). If Informal discussions do not lead to a satisfactory conclusion on the :ontents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under he APA on whether or not a violation has occurred. Page 3 of 3 P rp JUt _ 9 2011 COMMONWEAL 1 of VIRGINIA " @�n rw a Vinr lr,mklue W. Dmionavlr Rnbvn J Wrld !wujara nl Natural Hw ano DEPARTMhN'r OF 1:NVIRONMI I.1'1'AL QUALITY Rarirnlal IWwor t.ynrhhurg OMce Blue Ridge Regional Office Rnanoke o(Ack 77(151 inrherlake Hoad www,dcq.virgiiiin.gov rule Nero Crer:k KOMI' I nahhurg, Vir@inra N562 R4lanpkv, Vitglnia 24019 1434) 5s.J5130 t540l 50st,700 l ax t54ti Mi2.6723 1ax143 ;5 41N2 -;125 1' Mr, Otis Ilawker Assistant County Administrator Pittsylvania County 1),0, Box 426 Chatham, VA 24532 July 6, 2012 No UEF1C: my LETTER Re: Pittsylvania County landfill - SWP 571 Unannounced Compliance Inspection —.tune 14, 2012 Dear Mr. I lawker: On June 14, 2012 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Waste Management Act, Virginia Solid Waste Management Regulations (9VAC20- 81.10 et seq,) and the SWP 571. During the inspection no apparent violations of your SWP 571, or 9VAC20 -81 -10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582 -6248 or by e-mail at Mal vin.Lafoonadea.virainia. uov. Sincerely, Mal Lafoon Jr. Solid Waste Inspector cc: BRRO Solid Waste Files SWP 571 Compliance Run Dale: 05- JUL -12 02:46:51 PM Commonwealth of Virginia Permit No.: SWP571 Department of Environmental Quality Insp. Date: 14- JUN -12 Sanitary Landfill [SW) Inspection Report Facility Name: Pittsylvania Co - Sanitary Landfill Permit No.: SWP571 Region: South Central Regional Office Inspection Date: 14- JUN -12 Inspected By: Lafoon, Malvin D Reference Description S I A V O 10.1- 1408.1 1 Disclosure Statement I X 0 10.1- 1408.2 r Operator Certification 11 X 0 1 20 -70 -10 at seq. Financial Assurance if X 0 20 -90 -10 at seq. Permit Action Fees III 0 20 -81-80 Waste Assessment Program 11 1 0 nn e4 .,nn 0 1 r.....d:.,....., e,;4k H.^ innilavb n mil II n zu- t$1-zuU.0 Uecomposmon gas -ouor manayemem P ^ V 20- 81 -100.E j Unauthorized waste program and inspection II.X 0 20 81 -130 Facility design / construction 1i 0 20- 81- 140.A.1,4 Safety and fire control 11, 0 20- 81- 140.A.6 Pollutant discharge 111' 0 20- 81- 140.A.7 Stormwater control system maintenance II X 0 20- 81- 140.A.8,14 -15 i Facility operation, maintenance, and training 11' X 0 120- 81- 140.A.9 -13 Hazard and nuisance control I X 0 1 20- 81- 140.A.16 Facility self inspections 1' X 1 0 20- 81- 140.A.17 Record maintained of waste received and processed I� X I 0 1 20 -81 -140.1 Compaction, cover & working face I' X 0 20 -81 -160 Closure requirements II' 0 20 -81 -170 Post- closure care requirements II 0 20- 81- 200.A,B,E Decomposition gas concentrations, monitoring & recordkeeping II X 0 20- 81 -200.0 I Decomposition gas - remediation III X 0 zu- t$1-zuU.0 Uecomposmon gas -ouor manayemem P ^ V 20 -81 -210 Leachate control II X, 0 120-81-250 I Groundwater monitoring program If X', 0 20 -81 -260 Corrective action program Il X 0 20- 81.485 Operations Manual 11 X' 0 20 -81 -530 Permittee recordkeeping and reporting II ! 0 20- 81-610 -660 Special Waste II:X `0 S = Severity Level I = Inspected A= Area of concern V = Alleged violation O = Occurrences Page 1 of 3 Run Da:?: 05- JUL -12 Commonwealth of Virginia Permit No.: SWP571 02:46:51 PM Department of Environmental Quality Insp. Date: 14- JUN -12 Sanitary Landfill [SW] General Comments Reference Comments _ 10.1 -1408.1 Disclosure statement -An updated disclosure statement is on file at BRRO Lynchburg. There have not been any changes that have rendered the DS invalid. 10.1.1408.2 Operator certification -The facility has two certified landfill operators: Mr. Lester Burgess.... Cent. # 4605002929.... Expires November 30, 2012 Mr Darryl Dunford Cart # 4605001979 ...Expires November 30 2013 1 20 -70 -10 et sea. Financial Assurance - The facility is in financial assurance (FA) compliance until December 30, 2012. 20- 81 -100.E Unauthorized waste program and inspection - The load inspection forms were reviewed during the inspection. The facility is conducting at least one unauthorized waste load inspection daily. The inspections appear to be random and not just one or two of the same haulers. Load inspections for March! 2012 through May 2012 were reviewed and appear adequate: Month ....... # of Loads ..... # of inspections March .............1, 048.............33 April ................ 1.162 ..... ........ 21 20- 81- 140.A.1,4 '20- 81- 140.A.7 20- 81- 140.A.8,14 -15 — 20- 81- 140.A.9 -13 Safety and fire control - The facility holds bi- monthly safety meetings which are conducted for landfill personnel. The safety meetings were held on: March 15, 22, April 12, 27, and May 6, 13, 2012. Fires or open burning are prohibited at the landfill according to the facilitty's operations manual. There is a fire control plan located in Appendix 1 Health and safety plan in Permt Module II -1. There have been no fires during the quarter since the last compliance inspection. _ _ _ _' Stormwater control system maintenance - A new sediment basin was observed during the compliance inspection and appeared complete. The basin was installed as a requirement of construction for Cell B. All stormwater channels flow to the sediment basin located on the north side of the landfill or the sediment basin on the south side. All channels were open free of debris so that runoff could flow freely-1 Facility operation, maintenance, and training 140. A.8. The gate is equipped with a lock. An attendant was on duty at the scale house during the inspection. The facility has a fence around the property and a gate at the entrance. 140. A.15 All equipment was in working order during the inspection. The equipment includes; at 836 compactor, Cat 816 compactor, Cat 973 track loader, 312 excavator and CAT D7. Three operators were observed durinq the inspection at the working face. __ __ J Hazard and nuisance control 140.A.9 The litter was scheduled for pick up by county inmates during the inspection. 140.A.10. There were no odors or vectors that would constitute a nusance or hazard. 140.A.11. There is no salvaging aloud at this facility. _ 140.A.12. A water truck was in operation during the inspection. R0- 81- 140.A.16 Facility self inspections - The facility inspects the following on a weekly basis: erosion and sediment conditions; road conditions; leachate collection system and equipment preventive maintenance. The facility self inspections reports for March 2012 through May 2012 were reviewed during the inspection and were complete. _ 20- 81.140.A.17 Record maintained of waste received and processed - The facility provided information showing the total monthly tonnage of waste received. Total provided: Date ....... - ...... Monthly Tonnage March..... .......3, 503.50 April ................5,277.57 May .................3,814.42 Compaction, cover & working face - 20- 81- 140.B.1.c - The south to center area of Phase II, Cell A, was being used as the active working face at the time of the inspection. The area under daily cover appeared to have at least 6 inches of compacted soil. A pan was observed during the inspection digging and stockpiling cover near the working face. The area east of the working face was observed under intermediate cover which appeared to have at least 6 inches of additional compacted soil over the daily cover. 20- 81- 200.A,B,E Decomposition gas concentration - No exceedances of the Lower Explosive Limit (LEL) at gas boundary probes or 25% of the LEL in facility structures were reported for the first quarter gas monitoring 2D -81 -210 Leachate control system and monitoring - Reports of the quantity of leachate pumped to the Pittsylvania j County Service Authority were reviewed for February 2012 through April 2012 during which 196,140 j gallons of leachate were pumped from Pump 1 and 157,164 gallons were pumped from Pump 2. The leachate pond was observed during the inspection and looked well below the storage _cayacity, Page 2 of 3 Run oate: 05- JUL -12 Commonwealth of Virginia Permit No.: SWP571 02.46:51 PM Department of Environmental Quality Insp, Date: 14- JUN -12 Sanitary Landfill [SW[ General Comments Reference Comments 20 -81 -250 Groundwater Monitoring Program - The facility consists of two areas. Phase 1 is closed and Phase II is active. Phase I is monitored semi - annual, and Phase II is monitored quarterly. A SSI notification for the 2012 first semi - annual monitoring event was received on June 22, 2012 and a Table 3.1 Col B. Notification for the 2012 first semi - annual was recieved on March 22, 2012. A SSI notification for the 2012 second quarterly monitoring was received on June 4, 2012 and the 3.1 Detect notification for the 2012 second quarter�monitorin_g was received on June 4, 2012. 20 -81 -260 Corrective action program The corrective action remedy chosen for Phase I and Phase II is Monitored Natural Attenuation (MINA). Phase II wells include: Up- gradient/ background wells, MW -1A, MW -101, I down-gradient/compliance well, MW -102, MW -104A, MW -108, MW -109A, MW -110, Performance well MW -109A NES, Sentinel wells, MW- 109B(s), and MW -1098 (d). Phase II wells were checked during the inspection and found to have stable pads, locked, and clearly marked. On March 9, 2012 the CAP review letter was issued and the facility responded with the Phase I & II CAP on May 7, 2012 which is within 60 days of the review letter date, Overall Inspection Comments On June 14, 2012, the DEQ conducted an unannounced Compliance Evaluation Inspection (CEI) at the Pittsylvania County Sanitary Landfill (SWP 571). Mal Lafoon arrived at the facility at 9:45 AM. Mr. Mal Lafoon was greeted by Mr. L.J. Burgess. Mr. Lafoon was escorted by Mr. Burgess for the duration of the inspection. The weather was sunny, and the temperature was around 80F. An exit interview was held with Mr. Burgess at the end of the inspection. Departure time 1:15 PM. PLEASE advise the Regional Office within 10 calendar days if any information noted in this report is incorrect, if you have taken appropriate action to meet compliance, or if there is other information that the department should consider regarding these alleged violations. PLEASE be advised that this report is not an agency proceeding or determination which may be considered a case decision under the Administrative Process Act ( Va.Code 2.24001, et seq.). If informal discussions do not lead to a satisfactory conclusion on the contents of this report, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the APA on whether or not a violation has occurred. Page 3 of 3