1. Brownfields 2011 Waste to Watts Developing Closed Landfills for Renewable Energy Moderated by Bruce S. Katcher, Partner, Manko Gold Katcher & Fox, LLP April 5, 2011 © Copyright 2011

2. How do we get from an operating landfill... © Copyright 2011

3. ... to a closed landfill... © Copyright 2011

4. ... to a closed landfill... © Copyright 2011

5. ... avoiding... © Copyright 2011

6. ... ending up with this... © Copyright 2011

7. ... or possibly this? © Copyright 2011

8. Introduction Why Renewable Energy at Closed Landfills? Many already used for gas-to-energy Location – may be near energy end users A lot of space but limited re-use options Potential source of funds for monitoring and maintenance Compare land costs for alternative sites Public acceptance vs. green space, agriculture © Copyright 2011

9. Why Renewable Energy? Renewable Energy Options for Landfills Riding the wave of renewable energy Many already generate energy from landfill gas Other options Solar looks to be most favorable  Needs a lot of space  Relatively low maintenance Wind also a possibility © Copyright 2011

10. EPA Weighs In Re-Powering America’s Land Initiative Mgmt. Plan Action item – Closed landfills Develop technical guidance on siting solar Identify environmental, legal and technical considerations to siting renewable energy Other EPA Resources Solar Power Installations on Closed Landfills: Technical and Regulatory Considerations, 9/09 http://www.clu-in.org/download/studentpapers/Solar-Power- Installations-on-Closed-Landfills-Sampson.pdf © Copyright 2011

11. Legal Challenges Landfill regulatory permitting and approvals Municipal, industrial or hazardous waste landfill Consistency with closure/post-closure approval Allocation of post-closure responsibilities Local Zoning and Land Use Permitted use? Building Permit? Existing restrictive covenants for landfill closure? Liability for waste, contamination State law liability? Superfund liability? Does solar reuse interfere with remedial action? © Copyright 2011

12. Next Steps Bringing together the tools Engineering –technical challenges Government support and incentives Private sector developers – development ingenuity and financing Landfill owners/operators – Sites and landfill experience; gas-to-energy © Copyright 2011

13. Our Distinguished Panel Ronald Johnson – Geosyntec Consultants The Engineering Challenges Michele Siekerka – Ass’t Comm’r for Economic Growth and Green Energy, NJDEP The Role of Government Joseph Del Duca, the Walters Group The Brownfield Developer’s Role Stephen Joyce, Waste Management, Inc. Landfill Owner/Operator Perspectives © Copyright 2011