Greater Crofton Council Educational Forum Solid Waste Management

1. Greater Crofton CouncilEducational ForumSolid Waste Management June 28, 2005

2. Guests • Edward Dexter Maryland Department of the Environment Solid Waste Program • Stephen Fleischman Vice President, The Halle Companies • Edward R. Reilly Anne Arundel County Council, District 7

3. Agenda • Edward Dexter, MD Department of the Environment • Role and Activities of MDE Solid Waste • Overview of Solid Waste Permitting Process for Rubble Landfills in Maryland • Status Update – Chesapeake Terrace Rubble Landfill • Stephen Fleischman, The Halle Companies • Edward Reilly, Anne Arundel County Council • History of Proposed Chesapeake Terrace Rubble Landfill • David Gray, Greater Crofton Council • Special Exception and Variance to Zoning Regulations – Anne Arundel County • Edward Reilly, Anne Arundel County Council • Question and Answer Discussion

4. The Halle Companies • Founded in 1972 by Warren E. Halle • Headquartered in Silver Spring, Maryland • Commercial & Residential Developer in the Greater Baltimore-Washington Metropolitan Area • Own in excess of 2.7 million square feet of Office, Flex, Warehouse and Retail space • Comar Management Inc. • Developer of Kingstowne in Fairfax County, Virginia • Developer of Seven Oaks in Odenton, Maryland • Owner of proposed Chesapeake Terrace Landfill

5. Chesapeake Terrace Rubble Landfill Chronology • 1990 • Application submitted to Anne Arundel County Administrative Hearing Officer to obtain a special exception and variance to operate a rubble landfill. Application denied. • 1991 • Submitted a request to Maryland Department of the Environment (“MDE”) for approval of the third and final phase of application. • 1993 • Anne Arundel County Board of Appeals granted the special exception and variance to operate a rubble landfill subject to several conditions.

6. Chesapeake Terrace Rubble Landfill Chronology (cont’d) • 1994 • MDE suspended reviewing the permit application pending receipt from Anne Arundel County of a written statement of conformance • Anne Arundel County Circuit Court reversed the Board of Appeals approval of the special exception and variance. • 1995 • The Maryland Court of Appeals reversed the Circuit Court upholding the Board of Appeals decision as justifiable.

7. Chesapeake Terrace Rubble Landfill Chronology (cont’d) • 1996 • Halle filed a seven-count complaint against the County in Circuit Court • Halle filed a motion for summary judgment requesting the court order the County to include the landfill in its SWMP • 1997 • Circuit Court denied County’s motion and granted partial summary judgment to Halle. • County filed a motion in Circuit Court to revise the order. The Circuit Court denied the County’s motions. • The County petitioned the Maryland Court of Special Appeals to stay the order. • Halle filed a petition for contempt against the County. • The Court of Special Appeals denied the County’s request.

8. Chesapeake Terrace Rubble Landfill Chronology (cont’d) • 1997 (cont’d) • The Court of Appeals imposed a brief stay of enforcement pending its review. • The Circuit Court issued a contempt order against the County and fined the County $250,000. • The Anne Arundel County Deputy Director of the Department of Public Works sent a statement of conformance to MDE. • The County sent letter to MDE stating that the special exception expired on August 23, 1997. • Halle filed a second contempt order against the County.

9. Chesapeake Terrace Rubble Landfill Chronology (cont’d) • 1998 • The Court of Special Appeals affirmed the March 26, 1997 order. • The Court of Special Appeals issued an opinion affirming the finding of contempt against the County. • 2000 • The Court of Special Appeals found that Halle’s special exception had not expired. • 2004 • County extended the special exception for 2 years. • 2005 • MDE approved Phase II application. • Phase III application submitted to MDE.

10. Special Exception • Granted by the County Board of Appeals on December 23, 1993 • Subject to the following conditions: • Patuxent Rd. Shall not be used as an entrance • Conway Rd. will be used as the entrance subject to the following: • A right turn lane will be constructed on eastbound Conway Rd. • From the intersection of Conway and Patuxent Rds, road improvements will be made for travel lanes and 8 ft shoulders • Road improvements on Conway Rd to Rt 3 will be complete before the operations begin • Access from Conway Rd shall be through fee-simple right-of-way, not through an easement.

11. Special Exception (cont’d) • Subject to the following conditions: (cont’d) • Life of the landfill will be limited to 12 years. • Hours of operation shall be Mon-Fri, 7 am to 5 pm • Halle will replace shallow wells for all landowners within ¾ mile of the landfill for up to 12 months after the landfill begins operation. • The special exception neither approves nor denies railroad operations to bring rubble fill to the site. • Fencing shall be erected around active operations to a height of six feet and only one lockable gate.

12. Questions?