Greater Crofton Council Educational Forum Solid Waste Management June 28, 2005

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

Agenda Edward Dexter, MD Department of the Environment 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 Stephen Fleischman, The Halle Companies Edward Reilly, Anne Arundel County Council Edward Reilly, Anne Arundel County Council –History of Proposed Chesapeake Terrace Rubble Landfill David Gray, Greater Crofton Council David Gray, Greater Crofton Council –Special Exception and Variance to Zoning Regulations – Anne Arundel County Edward Reilly, Anne Arundel County Council Edward Reilly, Anne Arundel County Council –Question and Answer Discussion

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

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

Chesapeake Terrace Rubble Landfill Chronology (cont’d) –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 –The Maryland Court of Appeals reversed the Circuit Court upholding the Board of Appeals decision as justifiable.

Chesapeake Terrace Rubble Landfill Chronology (cont’d) –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 –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.

Chesapeake Terrace Rubble Landfill Chronology (cont’d) 1997 (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, –Halle filed a second contempt order against the County.

Chesapeake Terrace Rubble Landfill Chronology (cont’d) –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 –The Court of Special Appeals found that Halle’s special exception had not expired –County extended the special exception for 2 years –MDE approved Phase II application. –Phase III application submitted to MDE.

Special Exception Granted by the County Board of Appeals on December 23, 1993 Granted by the County Board of Appeals on December 23, 1993 Subject to the following conditions: 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. 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 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 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. Access from Conway Rd shall be through fee-simple right-of-way, not through an easement.

Special Exception (cont’d) Subject to the following conditions: (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.

Questions?