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1 STOREY COUNTY, NEVADA SOLID WASTE MANAGEMENT PLAN 2018 Prepared by: Storey County Planning Department

SOLID WASTE MANAGEMENT PLAN 2018 - Storey County

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STOREY COUNTY, NEVADA

SOLID WASTE MANAGEMENT PLAN

2018

Prepared by:

Storey County Planning Department

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TABLE OF CONTENTS

SECTION 1: JURISDICTION 1.0 Introduction 4 1.1 Franchise Agreement and Special Use Permit 4 1.2 Federal, State and Local Regulations 5

SECTION 2: SOLID WASTE COLLECTION AND TRANSPORTATION 2.0 Introduction 5 2.1 Interconnection 6 2.2 Solid Waste Facilities 9 2.3 Service Regions in Storey County 12 2.4 Permitting and Weighing 13 2.5 Fire and Emergency Management 14 FIGURES: 2.1 Solid Waste Facilities 7 2.2 Storey County Regions 8

SECTION 3: SOLID WASTE GENERATION & POPULATION:

3.0 Introduction 15 3.1 Population and Projection 15 3.2 Solid Waste Generation & Projections 16 3.3 Storey and Washoe Recycled Waste 16 TABLES: 3.1 Estimated population change 15

SECTION 4: SPECIAL WASTE MANAGEMENT 4.0 Introduction 17 4.1 Collection and Disposal of Special Waste 17 4.2 Emergency Disaster Debris Management 20

SECTION 5: WASTE MANAGEMENT ALTERNATIVES 5.0 Introduction 21 5.1 Waste Reduction 21 5.2 Recycling 22

SECTION 6: LITTER & ILLEGAL DISPOSAL

6.0 Introduction 23 6.1 Illegal Dumping 24 6.2 Litter 26 6.3 Enforcement of Illegal Dumping & Littering 26 FIGURES: 6.1 Common Illegal Dump Sites 25

APPENDIX A – Franchise Agreement between Waste Management and Storey County 27

APPENDIX B – Special Use Permit 2006-064 (Waste Management) 39

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APPENDIX C – Carson City Landfill 48 APPENDIX D – Special Use Permit 2007-056/2007-058 (Waters Septic

Services) 49 APPENDIX E – Special Use Permit 2009-010 (Keeping Nevada Green) 54 APPENDIX F – Special Use Permit 2009-034-a-1-2014 (Fulcrum Sierra BioFuels) 58 APPENDIX G – NDEP – LOCKWOOD REGIONAL LANDFILL FACT SHEET 63

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SECTION 1

JURISDICTION 1.0 INTRODUCTION The Storey County Solid Waste Management Plan (to be referred to hereinafter as the Solid Waste Plan) was prepared pursuant to Nevada Administrative Code 444.658 and Nevada Revised Statutes 444.510 which mandates that each municipality submit a solid waste plan for approval to the Nevada Division of Environmental Protection. This Solid Waste Plan serves as an update to the 2011 Plan and provides for a systematic approach to the planning, reviewing, permitting, operations, management, and maintenance of solid waste facilities and operations within the county. This plan covers the entirety of Storey County. 1.1 FRANCHISE AGREEMENT & SPECIAL USE PERMIT A Solid Waste Franchise Agreement (see Appendix A) was originally developed in 1990 and revised in January and October 2009 giving collection and disposal services within the limits of Storey County to Refuse Inc. (dba Waste Management of Nevada, Inc.). Absent exclusions specifically provided therein, all residential premises, multifamily complexes, and commercial and industrial businesses within Storey County are required to utilize the solid waste collection system stated forth therein. Neither Storey County or its residents or businesses may make or enter into any other agreement or arrangement for the collection, transport, removal, or disposal of said solid wastes. The Agreement does not apply to recyclable materials generated in or brought into the county and dedicated to lawful intended re-use by someone other than Waste Management. Exclusions to the franchise agreement also include collection, transport, disposal, and reselling by other entities who self-haul materials; hazardous wastes; businesses such as yard cleanup services, tree trimming, gardening, landscaping, and the like. A Special Use Permit (Second Amended Special Use Permit, January 2009) allows Waste Management to own, manage, and operate the Lockwood Regional Landfill (LRL) located in Storey County approximately 10 miles east of the City of Sparks and 1.5 miles south of Lockwood (see Figure 2.2). The 1990 Special Use Permit served as an amendment to the 1969 permit issued to BEMCO to ensure compliance with county, state, and federal regulations then and in the future, and to provide for the acceptance of waste generated over a larger region including from Nevada and the five adjoining states of Arizona, California, Idaho, Oregon, and Utah (Nevada Division of Environmental Protection, 2010). The Agreement identifies a percentage of the gross receipts generated by Waste Management be deposited into the Storey County general fund as an annual fee for the exercise of the franchise. The permitted landfill is a compacted cell “area-fill” Class 1 Municipal Solid Waste Landfill Facility. It is permitted to cover 3,900 acres with a waste volume of approximately 70,000,000 cubic yards and capacity of 302,000,000 cubic yards of refuse at build out. As permitted by the January 2009 Special Use Permit, expansion of

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the facility may now encompass an approximate 1,139 acres of land contiguous to the northern boundary of the existing landfill. At build-out, the permit holder will be responsible for 30 years of post-closure monitoring and reclamation. 1.2 FEDERAL, STATE, & LOCAL REGULATIONS 1.2.1 Federal and State Regulations Regulations of the federal Environmental Protection Agency (EPA) pertaining to the development of solid waste disposal facilities are codified as Title 40, Code of the Federal Regulations, in Parts 257 and 258 (40 C.F.R. Parts 257 and 258). Regulations commencing at Nevada Administrative Code (NAC) 444.570, incorporated by reference 40 C.F.R. Parts 257 and 258, set forth a comprehensive scheme for the permitting and regulation of solid waste disposal facilities in the State of Nevada (NAC 444.636). Management of waste collection and enforcement is regulated by the Nevada State Department of Health and the Nevada Division of Environmental Protection (NDEP), respectively. In 2013, the Nevada Legislature amended NAC 444 to include solid waste management permit fees. These permit fees are applied to initial and periodic renewal of disposal site permits and to fund the state oversight of solid waste management in Nevada. The fees became effective on October 24, 2014. 1.2.2 Storey County Code Chapter 8.10 of the Storey County Code sets forth regulations pertaining to management of solid wastes and disposal facilities. The relationship between Storey County and the Solid Waste Management Authority established by state statute for permitting and regulating certain solid waste disposal sites, as well as clarification of the obligation and permit requirements that apply to each type of disposal facility with the County, are defined in the Code. In consideration of natural resources limitations, energy shortages, economics, and implementation or solid waste recovery and/or recycling plans and programs, the following priorities in the management of solid wastes are stated in descending priority order as follows: 1) waste reduction; 2) waste recycling; 3) energy recovery or incineration; and (4) landfilling (Storey County Ord. 200 (part) 2006).

SECTION 2

SOLID WASTE COLLECTION & TRANSPORTATION 2.0 INTRODUCTION In addition to federal, state, and local regulations, the Franchise Agreement (see Section 1.1) weighs heavily on how solid wastes and disposal facilities are managed in

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Storey County. The collection, transportation, and management of solid waste materials will be described in this section. Discussion contained in this section will provide detailed description of the characteristics applicable to each solid waste facility located within Storey County. Residential waste pickup is not mandated in Storey County except for some areas of Lockwood. Any residence in the Lockwood area serviced by the Canyon General Improvement District, approximately 500 residences, has mandatory garbage collection. Waste Management offers curbside waste pickup to subscribers across Storey County for a charge; many residents, however, self-haul household refuse to their nearest designated depository. Trash accumulation by non-serviced properties is monitored by the Storey County Community Development Department nuisance officers on a compliant basis in addition to the Storey County Sheriff’s Office. See Section 6 of this report. 2.1 INTERCONNECTION Storey County is located in western Nevada approximately ten miles to the east of the Sierra Nevada Front. Most of the County is located within the mountainous Virginia and Flowery Ranges which run largely north to south from Fernley to Carson City. The County encompasses over 260 square miles of area and elevations vary from 4,100 feet to 7,900 feet above sea level. The rugged mountainous terrain fragments the County’s regions and isolates its communities from each other and from the neighboring urban areas such as Reno/Sparks and Carson City. As illustrated in Figure 2.1 and 2.2 below, Storey County is geographically divided into three distinct regions: South, Central, and North. The communities with each respective region are as follows:

South Central North (River District) -Virginia City -Virginia City Highlands -Lockwood

-Gold Hill -Highland Ranches -Mustang -Divide -Virginia Ranches -Painted Rock -Mark Twain -McCarran

Each community is interconnected by a network of highways and county roads. State Route 341/342 connects Virginia City/Gold Hill with Reno/Sparks via US 395/I-580 and Carson City and Dayton via US 50. Six Mile Canyon Road connects Virginia City/Gold Hill with Dayton via US 50. Interstate 80, which runs adjacent to the entire northern border of Storey County, connects the northern portions of the county with Reno/Sparks as well as other interconnecting highway systems. This network of corridors provides for the movement of municipal solid wastes from each community within the county as well as the greater region served by Waste Management, to primary solid waste transfer points and ultimately to the final destination point, the Lockwood Regional Landfill.

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Figure 2.1: Distances between communities throughout Storey County are exacerbated by numerous

mountain ranges and extremely rough terrain. Travel between each district within the county oftentimes

requires travel through adjacent counties and towns. (Base map provided by NDEP Bureau of Waste

Management, 2016).

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Figure 2.2: Source: Storey County, 2010

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2.2 SOLID WASTE FACILITIES 2.2.1 Lockwood Regional Landfill Located in Storey County approximately 10 miles east of Reno/Sparks and 1.5 miles southeast of Lockwood, the Lockwood Regional Landfill is a Class 1 Municipal Solid Waste Facility positioned in a mountainous area within the northern limits of the Virginia Range and approximately one mile due south of the Truckee River. Currently the site incorporates approximately 3,756 acres of open land adjacent to the east side of Lagomarsino Canyon and Long Valley Creek. The Storey County Second Amended Special Use Permit 2006 allows for the landfill to occupy 2,673 acres of the 3,756 acre property. The first cell footprint is within approximately 555 acres within the approximate center of the site property. The facility is a canyon-type landfill, in which available space is filled with lifts of refuse. 2.2.1.1 Geographic Characteristics The Lockwood Regional Landfill is located in a high desert region within the rain-shadow of the Sierra Nevada. Precipitation is sparse with average annual accumulations on the order of eight inches per year. The combination of the site location and elevation influence its arid climate. The area around the Landfill consists of stable sedimentary and altered volcanic bedrock materials, with limited deposits of surficial alluvium and colluvium present within canyon drainages and side-slopes. Presently, the bulk of the Landfill operation is located within rippable, clay-rich sedimentary units which exhibit desirable engineering properties when placed and compacted as intermediate daily cover over waste materials. Long Valley Creek, located approximately 1,000 feet west of the Landfill, drains northwest through Lagomarsino Canyon and outlets to the Truckee River at Lockwood, approximately one mile downstream. Long Valley Creek is an intermittent, spring-fed creek where surface stream water emerges and re-emerges within the creek channel throughout its reach. The existing Landfill and its proposed development areas are above the 100-Year Flood Plain as designated for Long Valley Creek by the Federal Emergency Management Agency (FEMA). No wetlands, as designated by the U.S. Army Corps of Engineers, are present within the limits of the Landfill disposal area. Two separate groundwater aquifer systems are present at the site. These systems consist of a shallow, unconfined, perched alluvial aquifer system restricted to Long Valley Creek, and a deep, regional aquifer system confined within altered volcanic rock and associated sedimentary rock units below the site The two systems are not considered to be connected hydraulically, based on well logs and aquifer pumping tests. Eight monitoring wells have been established within the deep, regional aquifer throughout the Site. The gradient of the piezometric surface of the regional, confined aquifer is inferred to be inclined to the north-northwest based on

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regional well data. The depth of the confined, regional aquifer beneath the base of the existing Landfill footprint and future Landfill development ranges from approximately 100 to 500 feet. Vadose (unsaturated) zone bedrock units, projected beneath the Landfill footprint from exposures at the Landfill perimeter, exhibit relatively uniform low in-place hydraulic conductivity, ranging between 7.8 x 10-7 cm/sec (ashfall tuff) to 3.5 x 10-5 cm/sec (sandstone). Since monitoring began, there have been no groundwater compliance issued based on groundwater monitoring results. 2.2.1.2 Solid Waste Origins The majority of the solid wastes entering the Lockwood Regional Landfill originate in neighboring Washoe County. The waste stream source thereof includes the Cities of Reno and Sparks and all unincorporated areas of the Washoe County. Wastes also arrive at the landfill from South Lake Tahoe, Douglas and Lyon Counties, and from ten counties within the State of California. 2.2.1.3 Landfill Design and Management The design used in the development of the final landfill bench plan seeks to incorporate design constraints offered by the private developer, the physical and economic constraints of the site, and the regulatory constraints adopted by the State of Nevada. In addition, the design concept seeks to simplify constructability by developing final grades from a single, baseline grade control system which is currently in operation for construction of individual lifts and benches (cells). The bench design effort included a review of existing foundation, bench construction, slope stability, drainage and storm water detention, access roadways, landfill cover, settlement, final refuse storage capacities, and cover soil requirements. The final bench design yields an overall refuse storage volume for proposed Landfill development of approximately 64.8 million compacted cubic yards (ccy) (equivalent to 43.7 million compacted tons). On-site borrow sources are utilized for daily and intermediate soil cover for the Landfill. NAC 444.688 requires 6 inches of daily cover and 12 inches of intermediate cover if the area will not be accepting waste for greater than 90 days. Final cover requirements in NAC 444.6891 require 18 inches of non-permeable clay like materials with 6 inches of topsoil to promote vegetative growth. Surface water management is accompanied by implementing three measures to reduce the amount of moisture available for leachate formation: (a) storm water run-on will be diverted around the landfill by the construction of diversion channels; (b) the surface of the landfill will be sloped for drainage (Nevada State regulations required that the top slope of the landfill “must have a grade of not less than three percent); and (c) provide and maintain positive drainage of storm waters off the landfill and direct run-off waters to evaporation ponds at the western margin of the landfill. Vadose zone monitoring systems monitor potential leachate migration out of the landfill. Monitoring systems consist of an array of suction lysimeters installed within boreholes near the contact between unconsolidated soils and bedrock located at the foot of the landfill canyon slope and the western landfill margin (near the mouth of the Main Canyon and Dean’s

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Canyon). Sampling of soil moisture within the vadose zone by way of pressure-vacuum lysimeter system is incorporated into the ongoing groundwater sampling/monitoring program at the landfill. 2.2.1.4 Closure and Post-Closure Maintenance Landfill closure and post-closure requirements issued are incorporated in the Closure and Post-Closure Plan stipulated in SUP No. 2006-064. 2.2.2 Virginia City Public Waste Bin Site Waste Management owns and operates the Virginia City Supervised Manned Public Waste Bin Site located in Virginia City at the end of Washington and “R” Streets. Approximately 80 non-compacted cubic yards (n-ccy) of solid wastes are generated at this location per week in the summer months (40 n-ccy in winter months). For a small fee, refuse is brought to the site by “self-haul” method in which all wastes are deposited into a 40 cubic-yard mobile container. The volume of all material brought in is assessed visually by the gatekeeper. The container is picked up each week by Waste Management and transported by truck to the Dayton Transfer Station before it is shipped once again to its ultimate destination, the Lockwood Regional Landfill. Separated recyclable materials located within on-site containers are transported form the premises by Waste Management to a licensed material recovery center. 2.2.3 Storey County Dump and Historical Disposal The Storey County Dump is a historic landfill site located in Virginia City at the end of Mill Street and the beginning of Six Mile Canyon. The landfill was closed and sealed in 1989. In addition to the Storey County Dump, area refuse historically was dumped into mine shafts throughout Virginia City and Gold Hill. Deposited refuse was then set afire to make room for more waste dumping. This practice no longer takes place. 2.2.4 Carson City Sanitary Landfill The Carson City Sanitary Landfill is a municipal solid waste facility located on 210 acres of land three miles east of Carson City and approximately one-half mile north of the Carson River (see Appendix C). The landfill serves Carson City and portions of Douglas and Lyon Counties, Nevada, and El Dorado County, California. Generally, all solid wastes in Storey County are transported to the Lockwood Regional Landfill. Wastes from Mark Twain and Virginia City, including the Virginia City Transfer Station, are taken to the Carson City Sanitary Landfill only during times of emergency or when access to the Lockwood Regional Landfill is not feasible, such as during storm events and generally not more than one to two times per year. During these conditions, Waste Management is charged by the Carson City Sanitary Landfill the standard out-of-county rate to deposit refuse.

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2.3 SERVICE REGIONS IN STOREY COUNTY 2.3.1 North Storey County (River District) Pickup routes for each community within the River District, including Lockwood, Mustang, Painted Rock, and McCarran (location of the Tahoe-Reno Industrial Center) are operated by Waste Management. All solid wastes generated in the River District are transported to the Lockwood Regional Landfill via Interstate 80 and Mustang Road. Refuse generated from this area include non-hazardous residential, commercial, and industrial solid wastes. The Canyon General Improvement District (CGID) manages solid waste pickup in the Lockwood Mobile Home Park and Rainbow Bend subdivision through a contractual agreement between it and Waste Management. Each residence within the CGID’s jurisdiction is provided weekly curbside trash pickup by Waste Management. A monthly bill to serve the entire area is then forwarded by Waste Management to the CGID for payment. The fees are then passed down to the customers. The TRI General Improvement District (TRIGID) contracts with Waste Management for refuse collection at the TRIGID Wastewater Facility. General solid waste refuse associated with the facility, excluding all material directly related to sewage treatment processes, is collected by Waste Management. No public refuse is accepted at this location. Trash pickup at McCarran is not mandated by the TRIGID or Storey County. Waste Management provides trash pickup services to each business requesting it; those not receiving “curbside” service typically transport wastes to the Lockwood Regional Landfill by self-haul. Solid wastes generated from industrial and commercial establishments at McCarran range from general household and commercial rubbish to industrial related materials, such as mass quantities of paper, cardboard, plastic, and solid metals. Hazardous and liquid wastes are transported by each company to licensed facilities capable of handling and processing such materials. Construction and Demolition (C&D) waste is accepted at the landfill. 2.3.2 South and Central Storey County Waste Management operates the Virginia City Waste Bin Site and manages pick up routes for subscribing residences and commercial establishments in the Virginia City/Gold Hill area as well as all other communities within the county’s south and central regions. All household and commercial wastes generated therein are transported to the Dayton Transfer Station and combined with refuse generated thereby before it is moved ultimately to the Lockwood Regional Landfill. A large portion of solid wastes associated with Virginia City and to a lesser degree Gold Hill are generated from the local tourism industry. The Virginia City Tourism estimates over a million tourists visit the area each year. Wastes generated include material deposited into public trash receptacles and those generated from commercial businesses. The Solid Waste Franchise Agreement between Storey County and Waste Management stipulates that all refuse associated with public trash receptacles along the

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“C” Street corridor is picked up and disposed of by Waste Management. Currently, the containers on “C” Street are emptied daily, or as necessary, and on Thursday there is a commercial route that collects refuse. It is estimated by Waste Management that during the summer months the volume of waste is two to three times that of winter months due to tourist influence. Another significant portion of the solid waste stream originating in the County comes from efforts by the Storey County Fire Protection District’s fuel reduction program. Annually there are approximately 500 tons of green material, containing mostly tree branches, shrubs, sagebrush and other organic material, deposited at one of two locations. The primary location is at the Storey County Fire Station No. 72 and a second smaller location at the Mark Twain Community Center. These fuels are gathered through a trailer program termed “you-call-we-haul” in which five dump trailers are utilized. Fire district personnel deliver these trailers to a citizen’s home or business and then pick them up when they are full and dump at one of the two aforementioned locations. The majority of the material is burned under the supervision of Fire Protection District personnel. An estimated ten percent of the material is chipped and made available for use to the community. A very small portion of the collected material that cannot be burned or chipped (such as tree stumps) is taken to the landfill. A Nevada Department of Environmental Protection permit is obtain for all burning activities associated with NAC 445B.22067. Jeff Nevin, Fire Chief, Storey County Fire Protection District is the contact for the fuel reduction program at 775-847-0954. 2.4 PERMITTING AND WEIGHING A gate attendant at the Lockwood Regional Landfill verifies that all vehicles entering the site have proper disposal permits. After preliminary inspections are completed and the waste is accepted for disposal, waste quantities are calculated, and vehicles are instructed to proceed to the appropriate dumping area. Currently, transfer vehicles are weighed as appropriate, either at a transfer station or upon arrival at the landfill scale house. Here, the gate attendant calculates the volume of waste being received and determines the fee on the basis of the estimated volume. A magnetic card encoded with vehicle number and tare weight is assigned to most transfer vehicles. The assigned magnetic card is initially scanned, and records gross weight for each transfer vehicle upon entrance to the facility. Quarterly, upon departure from the facility the tare weight of the vehicle is verified. The net weight will then automatically be calculated. Once this initial process is completed, it is only necessary to scan the card on the inbound scale. Once scale records gross weights for incoming traffic while another scale records tare and net weights for outgoing traffic. An audit of Waste Management’s compliance with the Franchise Agreement was last completed in December 2014 for the years 2011, 2012 and 2013. A Certified Public Accountant firm was selected by Storey County to perform the audit. It is anticipated that audits will continue in the future on an as-needed basis. The results of any audits will be reviewed and followed up as necessary.

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2.5 FIRE AND EMERGENCY MANAGEMENT Operations at the Lockwood Regional Landfill include fire and explosion prevention, control measures and personnel fire training in accordance with NAC 444.684. Fire management procedures must be approved by the Storey County Fire Protection District. 2.5.1 Fire Prevention The following measures are implemented at the Landfill to prevent fires:

o Separation of combustible wastes and other wastes posting potential fire hazards into segregated areas of the landfill in accordance with NAC 444.652. For instance, public waste, occasionally a fire hazard, is separated from other wastes, inspected, and then pushed onto the cell.

o Open burning of any material is prohibited in accordance with NAC 444.640

and 444.648. o Sufficient compaction of wastes and cover materials reduces the presence of

voids where oxygen can accumulate causing conditions favorable to combustion.

o If fires become a more common occurrence at the landfill, consideration will be

given to modifying the compaction procedures and other procedures for preventing and controlling fires.

2.5.2 Fire Control Methods The Lockwood Regional Landfill Fire Management Plan, on file with Storey County, provides detailed explanation of methods, responsibilities, equipment, procedures and coordination that will be implemented during a fire or explosion related emergency. In addition, the Plan designates a Safety Manager and a Foreman to be responsible for training equipment operators and other Landfill personnel in proper fire prevention, fire control, and health and safety procedures. 2.5.3 Record Keeping Records are kept on file with Storey County and the State of Nevada for all fires. The record of each incident must identify time, date, and location of fire, cause of fire, accidents or injuries, measures to control the fire, and future measures to prevent similar conditions, if possible. INCIDENT REPORTING The Permittee shall report any noncompliance, imminent or existing hazard from a release of waste or hazardous constituents, or from a fire or explosion at the facility, which may endanger human health or the environment. Such information shall be reported by telephone to 888-331-6337 within twenty-four (24) hours from the time the Permittee becomes aware of the circumstances. A written report shall be submitted within 15 days of the incident and shall include the following:

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i. Name and title of person making report; ii. Date, time, and type of incident iii. Name and quantity of material(s) involved iv. A complete description of the occurrence and its cause v. The extent of injuries, if any vi. An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable vii. Estimated quantity and disposition of recovered material that resulted from the incident viii. Actions taken by the Permittee in response to the incident.

SECTION 3

SOLID WASTE GENERATION & POPULATION 3.0 INTRODUCTION In reporting the five year population projection estimates, it is assumed that a direct relationship exists between rate of solid waste generated and population. For the purposes of this section, estimated tonnage of deposited wastes will focus on materials generated from within the county and those imported from Washoe County for the next five years; thus, the waste stream originating from other jurisdictions, including those within the State of California, has been excluded from this analysis. Storey County fees for waste intake at the Lockwood Regional Landfill rely on weight and values for solid waste generation in this plan are given in weight measurement in tons. It is assumed that 1 ccy and 1 n-ccy is approximately equal to 1,000 pounds or 0.5 tons and 400 pounds or 0.2 tons, respectively. 3.1 POPULATION & PROJECTION The 2014 Nevada Department of Taxation, Nevada State Demographer, Nevada County Populations Projections 2014 to 2033 report (see summary in Table 3.1) documents an estimated population increase of 3.4 percent in Storey County between 2016 and 2021. In Washoe County, a population increase of 8.5 percent is estimated between 2016 and 2021. As demonstrated in Table 3.4, the population is expected to rise through 2021 in both counties.

County 2016 2017 2018 2019 2020 2021

Storey pop. (% change)

4,052 4,066 4,089 4,117 4,155 4,195

+0.4 +0.4 +0.6 +0.7 +0.9 +1.0

Washoe pop. (% change)

450,687 458,808 467,565 475,996 484,304 492,417

+1.6 +1.8 +1.9 +1.8 +1.7 +1.7

Table 3.1: Estimated population change between 2016 and 2021 (NV Dept. of Taxation State Demographer 2014-2033, page 19)

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3.2 WASTE GENERATION & PROJECTION Between 2011 and 2016 an average of 453,982 tons of wastes per year were generated by Storey and Washoe Counties and deposited into the Lockwood Regional Landfill, the cumulative tonnage totaling 2,723,890 tons. The existing Lockwood Regional Landfill footprint is permitted for 64,800,000 tons. With the air space of the landfill footprint calculated into the area, Waste Management estimates approximately 280,000,000 tons of remaining capacity, which they forecast provides approximately 125 years of additional site life. The landfill capacity is assessed by Waste Management annually when they prepare topographic maps of the site. 3.3 STOREY AND WASHOE RECYCLED WASTES Storey County currently has no programs for residential or commercial pickup of recyclable wastes. The Virginia City Transfer Station has two 20-cy containers for paper and cardboard, a 30-cy container for mixed recyclables consisting of plastics, tin and aluminum, and another 30-cy container for mixed metals that residents can self-haul to the location. The paper and cardboard containers are taken to the recycling center in Reno at 1100 E. Commercial Row and the plastic, tin and aluminum container is hauled to the recycling center on Greg Street in Sparks. The mixed metals container is hauled by Western Metals. The Landfill also accepts self-hauled recyclable materials. All recyclable materials must be separated and deposited by the self-hauler into appropriate receptacles located at the Landfill and transfer station. There is no charge to residents and businesses to self-haul and deposit separated recyclable materials, and Waste Management has the right to all revenues associated with its ownership and management of the commodities. Hugh Gallagher Elementary School and Virginia City Middle School currently operate and manage student and staff recycling programs. All discarded office and classroom paper are deposited into a four cubic-yard container located at the elementary school. Materials contained therein are picked up and removed at each six month interval and transported to a recyclable material recovery center Washoe County. Plastic recyclable wastes are deposited by staff and students into large plastic refuse bins and are removed from site approximately every two weeks. 3.3.1 Current Estimated Recycled Materials The implementation of a new single stream recycling program in Washoe County has resulted in increased recycling participation, thereby decreasing the volume of Municipal Solid Waste going to the landfill from Washoe County. The impact to the landfill overall volume has been limited, with an estimate impact of approximately 1% decrease. The effect of the Storey County recycling efforts has been minimal to the overall landfill volumes. The total 2016 recyclable volume for Storey County is estimated to be 260 tons of plastic/tin/aluminum and 110 tons of paper/cardboard (loose cubic yards). As recycling efforts have remained the same in Storey County, it is estimated previous years has similar volumes.

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3.3.2 Projected Recycled Material Quantities

The projection for the generation of recycled materials is expected to trend slightly upward with projected population increases. Public interest toward recycling has increased and with curbside recycling in Washoe County increasing, the volumes of materials is expected to also increase at a similar rate. Existing opportunities and availability for recycling within Storey County are expected to remain the same for the foreseeable future in accordance with requirements set forth in Chapter 444A of the NRS and NAC. In addition, recyclable materials may also be diverted from the landfill with the completion of the Fulcrum-Sierra Bio-Fuels project.

SECTION 4

SPECIAL WASTE MANAGEMENT

4.0 INTRODUCTION The following types of waste are considered as special waste for disposal or recycling purposes: liquid, litter, infectious, pesticide containers, household hazardous waste, soil containing petroleum residue, asbestos-containing material, and hazardous waste. The Lockwood Regional Landfill is permitted to accept such solid wastes as municipal solid waste: construction & demolition wastes, limited quantities of petroleum contaminated media, dead animals, bio-solids, asbestos, waste tires, and white metals. Hazardous waste, such as PCB waste and liquid wastes as defined by Chapter 444 of the NRS and NAC, are not permitted for disposal at the Lockwood Regional Landfill. 4.1 COLLECTION AND DISPOSAL OF SPECIAL WASTES 4.1.1 Liquid/Aqueous Wastes Currently, there is no screening evaluation or waste release program for liquid wastes disposal in Storey County. Extracted septic and sewer system sludge as well as grease interceptor and sand-oil separator wastes are transported for recycling to Waters Septic Tank Services, located at McCarran, or other licensed facilities outside of Storey County. Waters Septic Tank Services operates under SUP No. 2007-058 (see Appendix D) granted in 2009 by the Board of Storey County Commissioners. Materials from septic tanks and grease interceptors are transported to the site by truck. Various other non-hazardous liquid wastes such as drilling muck, industrial cooling water, and reclaimed water are also treated at that facility. Once separated from the liquids, all solid materials are transported to and deposited at the Lockwood Regional Landfill as permitted in the approved operational plan. There the burial site is covered with a layer of suitable cover material compacted to a minimum uniform depth of 36 inches. The left over liquids are tested and then placed in ponds where they evaporated into the atmosphere. Easy Rooter Plumbing, located in the Tahoe-Reno Industrial Center, also accepts liquid wastes. The business dewaters sludge and grease trap material. The facility receives the sludge and grease trap material from vactor trucks. The trucks discharge to a 1-inch grit screen box. The waste material then flows to two 22,000-gallon holding tanks where

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it is mixed to achieve uniformity. From the holding tanks the waste flows to a polymer mix tank for flocculation. After flocculation, the waste material is put into screen boxes where solids are separated from liquids. The liquid effluent is stored in two 5,500-gallon holding tanks. From there, the effluent is either sent to a permitted land application site in Yerington, Nevada, or used by Easy Rooter's hydro-jetter trucks for flushing sewer lines. The solids are removed from the screen boxes and put onto a 4-inch thick asphalt pad for drying. Once the solids on the pad have dried, they are hauled to the landfill for disposal.

Gold Hill and portions of the Virginia City Divide are served by a community septic system located adjacent to State Route 342 and approximately one mile north of the Storey County boundary near Devil’s Gate. The Gold Hill system serves approximately 50 residences in upper Gold Hill and Divide area. The system is pumped quarterly, dewatered and then disposed at the Lockwood Regional Landfill.

The Virginia Divide Sewer System serves over 400 residences and over 150 commercial establishments in Virginia City. The sewer lines within Virginia City are being replaced (Fall 2017 through 2018) which is expected to add efficiency to the system. The wastewater treatment plant, at the mouth of Six Mile Canyon, has a capacity rating of 200,000 gallons per day. The sludge from the treatment plan is taken to the Lockwood Regional Landfill for disposal.

All residential dwellings in the Lockwood Mobile Home Park and Rainbow Bend subdivision are served by a sewage treatment plant constructed and operated by the Canyon General Improvement District. The plant was expanded in 2009 from 100,000 gallon to 140,000 gallons per day capacity. Secondary effluent generated by the Canyon General Improvement District’s sewer treatment plant is used for dust control efforts at the Lockwood Regional Landfill.

The Tahoe-Reno Industrial Center, and a few surrounding industrial properties in McCarran, NV are served by a wastewater treatment plant operated by the TRI General Improvement District. The plant’s operations are regulated by a groundwater discharge permit administered by NDEP’s Bureau of Water Pollution Control. The current capacity of the wastewater plant (as shown in the permit) on a 30-day average basis is 1,200,000 gallons per day, and 3,000,000 gallons on one-day basis. The plant currently treats roughly 500,000 gallons per day. The plant is designed and optimized to treat domestic wastewater, but also facilitates treatment of industrial wastewater through a voluntary pre-treatment program administered by the TRI General Improvement District.

Residents in all other parts of Storey County are served by private septic systems which have been approved by the Nevada Department of Health.

Located seven miles east of Sparks and one mile south of Interstate 80 at Mustang, Nevada Hydrocarbons, Inc., accepts waste oil and anti-freeze.

4.1.2 Soils Containing Hydrocarbons

Nevada Hydrocarbons, Inc., mentioned above, also treats soils contaminated with petroleum products. Only wastes certified as non-hazardous by the EPA are accepted.

The treatment process utilized involves heating the contaminated soil to temperatures

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which distill the water and volatile organic compounds in converted asphalt dryer with an afterburner. To obtain maximum decomposition of contaminates, these gasses are incinerated and recirculated several times through the system. Primarily, the treated soils are used for asphalt ingredients. Soils containing petroleum hydrocarbons not exceeding 50,000 yards at concentrations (measured as TPH by EPA modified method 8015) of 600 ppm may be deposited in the LRL, per their Water Pollution Control Permit. Compliance and monitoring is managed by the Bureau. Soils containing petroleum hydrocarbon compounds exceeding 600 ppm are treated at the soil bioremediation facility located at the Lockwood Regional Landfill. Soils may be treated by promoting microbial activity to reduce the residual concentrations of petroleum hydrocarbons to allowable levels. After treatment, the soil is used for cover material at the landfill. Discarded asphalt is accepted by Waste Management at the Lockwood Regional Landfill and stockpiled in a designated area next to a Hazemag grinder. Once in place, the material is worked with a dozer, or equivalent, to accommodate the opening of the grinder. The material is then fed into the grinder for further reduction. Once processed, the grindings are used for road base throughout the Landfill facility. 4.1.3 Other Special Wastes All special wastes listed under this subsection must be disposed of or recycled in accordance with the Waste Management operating plan and Chapter 444 and 444A, respectively, of the NAC and NRS. Materials applicable to these provisions include:

a. Empty tanks and drums without lids b. Tires c. Automotive batteries d. C & D materials e. White metals f. Electronic wastes g. Florescent and Compact Florescent lights

4.1.4 Infectious & Pathological Wastes Infectious and pathological wastes, including medical and dead animal wastes as defined by NAC 444.589, are taken in by the Lockwood Regional Landfill and are regulated by the Nevada Department of Environmental Protection in accordance with NAC 444.646 and 444.694. A medical waste thermal destruction plant (Eco Compliance Corporation) within the Tahoe-Reno Industrial Center is currently in the permitting process with Storey County and the State of Nevada. If approved, this facility will obtain medical waste from Nevada and surrounding states and chemically convert the waste to combustible gases, which then generates electrical power and an ash that is then used for fertilizer. Approximately 80% of the waste is transformed to electrical power and 20% is transformed to ash. This plant will eliminate some medical waste that would typically end up in the landfill, and convert the waste to a different commodity.

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4.1.5 Asbestos-containing Material Waste materials containing asbestos are accepted by and disposed of at the Lockwood Regional Landfill in accordance with NAC 444.976. 4.1.6 Hazardous Wastes Wastes containing hazardous materials as defined by Chapter NAC 444.850 and NRS 459.430 shall be managed and disposed of in accordance with Chapter 444.8632 of the NRS and NAC. The Storey County Fire Protection District and Emergency Management departments evaluate spills and related complaints for health and safety violations. Disposal from a spill cleanup is controlled by the Storey County Emergency Management Director. Storey County utilizes the Quad County Hazardous Materials Response Team and the Nevada Department of Environmental Protection for responses involving hazardous materials releases into the environment. Storey County Fire Protection District, Emergency Management, Quad County Hazardous Materials Response Team, State Emergency Response Commission, State Fire Marshall’s Office (through permitting and investigation), Local Emergency Planning Committee and the NDEP agree to work cooperatively to identify hazardous waste generation, evaluation, screening, permitting and regulate the storage of hazardous materials, hazardous materials waste release and hazardous materials disposal. 4.1.7 Litter Wastes Chapter 8.08.020 of the Storey County Code prohibits the unlawful placement, deposit, dumping, or accumulation of refuse on private property with or without the consent of the owner and on public property other than property designated for such purposes by the Board of Storey County Commissioners. Complaints about violations to the code, i.e., littering, are handled by the Storey County Community Development and Sheriff’s Departments. If a serious litter problem persists, a nuisance hearing is held, and if necessary, a nuisance order for mandatory cleanup is issued. If the county performs the cleanup, it is at the owner/offender’s expense. 4.2 EMERGENCY DISASTER DEBRIS MANAGEMENT Storey County has implemented an emergency disaster debris management plan. This plan pertains to the management of extremely large amounts of debris which may be generated during a catastrophic event, such as an earthquake, wildland fire, wind, winter weather or flood. FEMA has approved the Storey County Emergency Management Department’s Hazard Mitigation Plan which includes phone numbers, personnel, and protocols for responses during large-scale disasters. A disaster debris management plan has been implemented and is currently being updated.

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SECTION 5

WASTE MANAGEMENT ALTERNATIVES

5.0 INTRODUCTION According to Chapter 8.10 of the Storey County Code (Solid Waste), the management of solid wastes should be followed in descending priority as applicable:

1. waste reduction; 2. waste recycling; 3. energy recovery or incineration; and 4. landfilling.

Currently available waste management alternatives are reviewed in this section. While the small population, distance between population centers, low tax base, limited county funding, and extreme topographic difference within the county generally hinder implementation of county-wide alternative waste management programs, considerable effort is employed by the county to encourage and provide incentives for the development of alternative forms of waste management. 5.1 WASTE REDUCTION Commercial, industrial, and residential waste streams can each be reduced by these methods:

o Use recyclable materials; o Decrease packaging; o Use (and repair) reparable products; o Decrease C&D and yard wastes; o Use mandatory collection with rate structure consideration to waste reduction and

recycling. The following educational, regulatory, and governmental programs are most likely not feasible for Storey County due to limited funding from waste management planning fees and because of high cost of these programs and/or products:

o School, consumer, and public awareness programs and seminars; o Assist organic waste generators (mostly yard wastes) with on-site compost

programs; o Incentives for reducing and/or reusing construction waste products; o Public recognition and awards for source reduction; o Ordinances encouraging land use development promoting waste reduction; o Require waste reduction planning and reporting by manufacturers or waste

generators.

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5.2 RECYCLING Several materials recycling facilities are currently in operation or are soon to be in operation within Storey County. They are as follows:

o Nevada Hydrocarbons (see subsection 4.1.1 and 4.1.2) o Fulcrum Sierra Biofuels o Aquametals battery recycling o Easy-Rooter (see subsection 4.1.1) o Waters Septic Tank Services (see subsection 4.1.1) o Lockwood Regional Landfill co-gen methane recovery (see subsection 5.2.4) o Keeping Nevada Green auto recycling o Eco Compliance Corporation (see subsection 4.1.4)

5.2.2 Automotive Recycling Keeping Nevada Green, located seven miles east of Sparks and one mile south of Interstate 80 at Mustang, is a small-scale automotive/vehicle dismantling company which operates on approximately 40 acres. SUP No. 2009-010 (see Appendix E) was granted in 2008 by the Board of Storey County Commissioners for the construction and operation of the facility. The company takes in salvaged vehicles from across the State of Nevada and California, mainly from Oakland, California, dismantles them, and exports the reduced recyclable materials to various metal recycling facilities in both states. 5.2.3 Composting There are currently no commercial operations which compost municipal or yard waste within Storey County. 5.2.4 Waste-to-Energy In 2009 Waste Management and NV Energy signed a 20 year Power Purchase Agreement (PPA) which will enable the byproduct methane gas generated at the Lockwood Regional Landfill to be collected, and burned to create an average of 3 MW of electricity. The PPA stipulates that Waste Management will install necessary gas containment and extraction mechanisms at the Lockwood Regional Landfill while NV Energy installs appropriate energy generators (2 CAT 3320 engines) for utility power production. All improvements made will be in compliance with application and development requirements set forth by the Utilities Environmental Protection Act (UEPA) and NDEP. 5.2.5 Fulcrum Sierra BioFuels In 2009, Fulcrum Sierra BioFuels, LLC was granted Special Use Permit No. 2009-034 (see Appendix F) by the Board of Storey County Commissioners to construct and operate a facility for producing energy products for post-recyclable materials by converting them into synthesis gas and using it to produce other products or fuel. When built, the facility will be located on approximately 16 acres in the Tahoe-Reno Industrial

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Center. In 2014, an amended Special Use Permit was issued for the project.

The proposed facility will use patented Plasma Enhanced Melter (PEMTM) systems to gasify Feedstock and recycle it into useful products. The process will have minimal environmental impact. When Feedstock is placed into the plasma, it quickly gasifies and separates into its atomic elements (e.g., carbon, hydrogen, nitrogen, etc.) and, through a process of steam reformation, forms a “synthesis gas” or “syngas” consisting of primarily hydrogen (H2) and carbon monoxide (CO).

The syngas is processed with extensive cleaning and purification equipment to produce a high purity, industrial quality syngas that can be used for a variety of purposes. Most inorganic components in waste will melt into and become part of the molten glass which is periodically removed from the PEMTM units, forming an obsidian-like glass that can be recycled for use in applications such as road aggregate or sand-blasting grit. Melted metals sink to the bottom of the molten glass and form a layer that can be drained separately and sent to metal recyclers. 5.2.6 Aqua Metals Aqua Metals, located within the Tahoe-Reno Industrial Center, began operations in July 2016. This company recycles lead acid batteries utilizing electrochemical battery recycling technology that is cleaner and more energy efficient than the traditional smelter operations. The recycling extracts lead in a water-based process versus a historical burning process, allowing for greener standards in recycling lead at lower costs. .

SECTION 6

LITTER & ILLEGAL DISPOSAL 6.0 INTRODUCTION In accordance with Chapter 8.08.020 (Unlawful Deposit Prohibited) of the Storey County Code, it is unlawful to place, deposit, or dump, or cause to be dumped, any debris, garbage, refuse, trash, junk vehicles, rubbish, or any noxious or offensive matter in or upon any private property with or without the consent of the owner, or in or upon any public property other than property designated or set aside for such purpose by the governing board or body having charge thereof. Challenges associated with illegal dumping and litter control and enforcement are explained in this section.

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6.1 ILLEGAL DUMPING The Storey County Sheriff and Community Development Departments have identified the following sites as places where illegal dumping commonly occurs (see Figure 6.1):

Site 1: Canyon Way near Lockwood Regional Landfill’s old entrance;

Site 2: Mustang Road between Hafed Bridge and the main entrance to the Lockwood Regional Landfill (refuse is illegally dumped during landfill’s closed hours);

Site 3: Peri Ranch Road between Mustang Road and Lockwood;

Site 4: Territory Road where it meets Lafond Avenue in Mark Twain;

Site 5: USA Parkway from I-80 to US 50;

Site 6: Six Mile Canyon between Virginia City and Mark Twain;

Site 7: Seven Mile Canyon Road where it meets Six Mile Canyon Road;

Site 8: Truckee River corridor with highest rate of frequency at Mustang, Patrick, and Derby Dam areas.

These areas are patrolled on a regular basis by the Storey County Sheriff’s Department, and they are cleaned up on a routine basis as dumping is reported. The previous Solid Waste Management Plan identified a ninth site, American Flat at Old Mill site. The Old Mill has been removed by the Bureau of Land Management, and as such, the attraction to the site has been removed, and dumping at the site has been minimal to none.

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Figure 6.1: Common Illegal Dumping Sites in Storey County (Storey County, 2010).

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6.2 LITTER Litter associated with tourism is considered a problem within the Virginia City downtown corridor (see Figure 6.1). The problem is intensified during major events such as Street Vibrations and the Camel Races. During special events, it is common to see public trash receptacles overfilled and piled with refuse from tourists and adjacent businesses. During these times street gutters become filled with trash and litter spills into the adjacent roadway. Waste Management arrives the morning after each event and collects refuse within and adjacent to each trash receptacle. Concurrently, the Nevada Department of Transportation (NDOT) and local business owners sweep up and remove litter from the streets, gutters, and boardwalks. Litter along a portion of USA Parkway from the Tracy Interchange entrances is abundant. It has been identified that a majority of litter is generated by truck drivers. “No Littering” signs have been posted along USA Parkway and Waltham Way in attempt to discourage littering. While signage has not completely mitigated the problem, the presence of such signage has provided the Sheriff’s Department’s the legal leverage necessary to prosecute littering cases. Some wind blown material has been identified along Interstate 80 corridor in Washoe County as well as along Mustang Road leading to and from the Lockwood Regional Landfill. Self-haul vehicles with inappropriately secured payloads have been identified as the primary littler source. 6.3 ENFORCEMENT OF ILLEGAL DUMPING & LITTERING The Storey County Sheriff and Community Services Departments enforce Chapter 8.02.020 (Unlawful Deposit Prohibited) of the Storey County Code. The enforcement policy of both departments is to attempt to identify the illegal dumper and then instruct the individual(s) to voluntarily clean the site. If the illegal dumper cannot be identified or refuses to clean up the site, the County Public Works Department cleans up the site as a public service and deposits collected materials at the nearest appropriate waste depository.

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APPENDICES A – G

Appendix A: Franchise Agreement between Waste Management and Storey County

SOLID WASTE FRANCHISE AGREEMENT

BETWEEN STOREY COUNTY, NEVADA

AND

WASTE MANAGEMENT OF NEVADA, INC.

D/B/A STOREY COUNTY SANITATION

This Solid Waste Franchise Agreement ("Franchise Agreement" or this "Agreement") is entered into as of the

Effective Date, as defined below, by and between Storey County, Nevada ("Franchisor" or "County") and Waste

Management of Nevada, Inc., a Nevada corporation, d/b/a Storey County Sanitation ("Franchisee" or "Contractor"),

for the collection, transportation, and disposal of Solid Waste. Franchisor and Franchisee may be referred to herein

collectively as the "Parties" or individually as a "Party."

RECITALS

WHEREAS, Franchisor and Franchisee are mindful of the provisions of the laws governing the safe collection,

transport, recycling and disposal of Solid Waste;

WHEREAS, NRS 244.187 authorizes Storey County to provide by franchise for Solid Waste collection and disposal

services within the limits of Storey County and without the limits of the incorporated cities therein;

WHEREAS, to ensure the stability of service and rates, it is the intent of Storey County to displace or limit

competition of the collection and disposal of garbage, rubbish, trash, C & D and all other Solid Waste within Storey

County; and

WHEREAS, Franchisee has represented and warranted to Franchisor that it has the experience, responsibility, and

qualifications to provide residents and businesses in the franchise area collection and safe transport to disposal

facilities of municipal Solid Waste.

NOW, THEREFORE, in consideration of the covenants and promises contained herein, the Parties mutually agree to

the following terms and conditions.

1. Definitions.

"Adjustment Date" means October 1,2010 and the date, which occurs annually on each anniversary of the

Adjustment Date thereafter.

"Approved Landfill" means a site holding a valid permit to permanently deposit municipal solid waste in

accordance with all applicable laws and regulations of the United States, the State of Nevada, the Nevada

Environmental Commission and any other agency with lawful jurisdiction.

"Bulky Wastes" means stoves, refrigerators which have CFC's removed by a certified technician, water

tanks, washing machines, all other household appliances, furniture, loose brush and other materials that do not

exceed 50 lbs, and other waste materials other than construction debris, dead animals, or stable matter with weights

or volumes greater than those allowed for containers.

"Bundles" means tree, shrub and brush trimmings or newspapers and magazines securely tied together

forming an easily handled package not exceeding four (4) feet in length or 50 lbs. in weight.

"Cart" means a Franchisee-owned wheeled cart that is a plastic container with 64 or 96 gallons of capacity;

designed for and used with a hydraulic lifting mechanism; weighing not over 150 pounds per 96 gallon capacity and

100 pounds per 64 gallon capacity when full; fitted with a sturdy handle and a cover; and which shall be rodent and

insect resistant and be capable of holding collected materials without spilling when in an upright position.

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"Can" means a 32-gallon plastic or metal container fitted with a sturdy handle and a cover that is provided

by the customer and which doesn't pose a safety hazard to Franchisee or its equipment. Franchisee is not

responsible for normal wear and tear damage to customer provided containers.

"Commercial Waste" means any Solid Waste or other Waste generated by a person, partnership, or

association located in Storey County and holding a Storey County business license; also, any waste collection from

business establishments, public buildings or places, and buildings of a commercial nature containing dwelling units

or living accommodations of a temporary or transient nature, including, but not limited to motels, hotels, boarding

houses and rooming houses and solid Waste or other Waste generated by persons living in an apartment house,

mobile home park, recreational vehicle park, or campground, of three (3) or more units; also, any Solid Waste or

other Waste generated for not-for-profit associations or corporations, or from industrial sources. Persons holding a

Storey County business license for a home occupation who generate no waste other than Residential Waste are not

generators of Commercial Waste for the purposes of Commercial Waste collection charges.

"Construction and Demolition Waste" ("C& D Waste") as used in this Agreement shall mean Solid

Waste of non-putrescible material, generated from the demolition, construction, or remodel of building structures.

"County" means Storey County, Nevada.

"Effective Date" means November 1, 2009.

"Franchise Area" means the entire area of Storey County. "Franchise Area" shall not include the Canyon

General Improvement District as it has a separate franchise agreement with Waste Management of Nevada, Inc.

"Gross Revenues" means any and all revenue or compensation actually collected by Franchisee from

customers under this Agreement for the exclusive collection, transportation, and disposal of Solid Waste within the

Franchise Area, net of Franchise Fees. The term Gross Revenues, for purposes of this Agreement, shall not include

any revenues generated from: a) County, or other federal, state, or local taxes or surcharges; b) any customer late

fees, NSF charges, interest, or reactivation charges; or c) any revenues generated from the sale of recyclables or any

recycling rebates received from the State.

"Hazardous Waste" shall have the meaning set out in NRS 459.430.

"Recyclable Materials" has the meaning ascribed to it in NRS 444A.013 and means Solid Waste that can

be processed and returned to the economic mainstream in the form of raw materials or products, as determined by

regulations adopted by the State Environmental Commission.

"Residential Waste" means any Solid Waste or other Waste generated by a person, persons, or a family

residing in a single family or duplex residence, but not including any Solid Waste or other Waste generated by a

person, persons, or a family residing in a single unit of any apartment building or other residential complex of three

(3) or more units.

"Solid Waste" as set forth in NRS 444.490, means any and all putrescible and non-putrescible refuse in

solid or semisolid form, including but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue,

street refuse, dead animals, C&D Waste, solid or semisolid Commercial Waste. The term "Solid Waste" shall not

include Hazardous Waste or any other form of waste material the deposit of which would be in violation of

Franchisee's permits or violation of Franchisee's own rules and regulations.

"Transfer Station" means a facility and/or building structure for the temporary collection, compactor,

and/or transfer of Solid Waste so that an economical method of transportation of Solid Waste to an approved landfill

is utilized.

"Waste" means any unwanted or discarded material resulting from any activity, including but not limited to

Solid Waste and Recyclable Materials.

2. Exclusive Right; Exclusions; Enforcement. The Franchisor does hereby grant to Franchisee the exclusive

duty, right, and privilege to collect, transfer and dispose or otherwise handle all Solid Waste, C&D Waste and other

Waste materials generated, deposited, accumulated, or otherwise coming to exist in the Franchise Area from

residential, commercial, or industrial sources. Franchisor's exclusive grant to Franchisee under this Agreement does

not apply to Recyclable Materials generated in or brought into the Franchise Area and dedicated to lawful intended

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re-use by someone other than Franchisee. Absent exclusions specifically provided for herein, all residential

premises, multifamily complexes, and commercial and industrial businesses within the Franchise Area shall be

required by Franchisor to utilize the Solid Waste collection services of Franchisee provided hereunder. Neither the

Franchisor nor its residents or businesses shall make or enter into any other agreement or arrangement for the

collection, transport, removal, or disposal of Solid Waste, C&D Waste, or other Waste from within the Franchise

Area during the term of this Agreement, or of any extension or renewal thereof. For purposes of clarification, loads

of industrial/commercial dry waste and construction and demolition (i.e. nonputrescible) material, other than those

Recyclable Materials hereinabove specifically excepted, shall be subject to Franchisee's exclusive rights under this

Agreement.

2.1 Exclusions. Notwithstanding the above, the categories of materials listed below may be collected,

transported, disposed of or re-sold by others, provided all licensing and permitting requirements are met:

A. Self Haul. Nothing in this Agreement shall prevent any owner, occupant, or tenant of

premises from personally handling, hauling, or transporting Solid Waste or other Waste generated by or from his/her

own residence or business operations for purposes of disposing of the same at an authorized disposal area or transfer

station, provided the Solid Waste or other Waste being transported is contained or covered to prevent spillage onto

streets or highways. This exclusion shall not apply to Solid Waste or other Waste that is transported by persons or

businesses, or by their employees or agents, who own, lease, control, operate, or manage vehicles or containers used

for the purpose of transporting Solid Waste or other Waste for collection or disposal, or both, for compensation.

B. Businesses such as yard clean up services, tree trimming, gardening, landscaping, and

the like, where the collection and hauling of refuse is incidental to the labor necessary to provide the service.

C. Source separated Recyclable Materials collected from Commercial customers containing

at least 90% Recyclable Materials. For the purposes of clarification, mixed loads of Commercial dry waste materials

that do not contain at least 90% Recyclable Materials shall be hauled exclusively by the Franchisee.

2.2 Title To The Solid Waste Stream. The title to all of the Solid Waste stream, and other Waste

materials (excluding Hazardous Wastes) and the property rights associated therewith for the collection and disposal

of Solid Waste, and other Waste materials under this Agreement shall be the sole property of Franchisee after the

transfer of title thereto. For purposes of this Agreement, the transfer of title occurs at the time that Solid Waste and

other Waste is deposited by residential customers in containers and left at the street for collection by Franchisee or is

deposited by commercial or industrial customers in dumpsters or equivalent containers and left for collection by

Franchisee. For self-haul customers, the title to Recyclable Materials transfers to Franchisee at the time such

materials are placed into containers at the Transfer Station or landfill.

2.3 Enforcement. To the extent permitted by law, the County and/or Franchisee shall prohibit any

person from providing the same or similar service for the collection, hauling and disposing of Solid Waste and other

Waste materials within the County that is in violation of the terms of this exclusive Franchise Agreement. The

County shall use good faith efforts to protect and enforce the exclusive rights of Franchisee through appropriate

ordinances and reasonable enforcement of those ordinances against third party violators. If, at the request of

Franchisee, the Franchisor takes administrative, law enforcement, or other legal action against any person who

infringes on the Franchisee's exclusive rights, Franchisee must reimburse Franchisor for its reasonable legal costs

related to such action. Franchisee may independently enforce the exclusivity provisions of this Agreement against

third party violators, including but not limited to seeking injunctive relief, and the Franchisor shall use good faith

efforts to cooperate in such enforcement actions brought by Franchisee.

3. Term of Agreement. The initial term of this Agreement shall be five (5) years, commencing on the

Effective Date and, unless sooner terminated in accordance with the provisions of this Agreement, expiring on the

same day five (5) years later. The Franchisee shall have the right to extend the term of this Agreement for an

additional five (5) years, by providing the Franchisor with written notice of its intent to exercise the extension option

not later than the fourth anniversary of the Effective Date. Thereafter, at the Franchisor's option, with the

Franchisee's concurrence, this Agreement shall be renewable for successive periods of five (5) years, by providing

notice of renewal not later than eighteen months prior to the expiration of the then existing term.

4. Franchisee Services.

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4.1 Collection Services. Franchisee shall furnish all labor, supervision, materials, supplies, equipment,

and all other items required to collect and dispose of all Solid Waste, and other Waste within the scope of this

Agreement. The work to be done by Franchisee as set forth in this Agreement shall be accomplished in a

professional manner so that the residents within the Franchise Area are provided reliable, courteous, and high-

quality collection of Solid Waste.

4.2 Collection Frequency and Method. Franchisee shall collect Solid Waste from residences on a

weekly basis. Franchisee shall collect Solid Waste from multifamily, commercial, and industrial accounts on a

weekly basis or more frequently as desired by the customer. All residential collections shall be made at the curb or

street-side and shall be properly set out for collection, on the appropriate day, and by the appropriate time

established by Franchisee for collection.

4.3 Collection Hours. Franchisee shall perform collection services within residential areas only

between 6:00 a.m. and 6:00 p.m., Monday through Friday and between 7:00 a.m. and 6:00 p.m. Saturday except

Holidays; provided that the Parties may otherwise agree with respect to permitted times on Holidays.

4.4 Residential Service. All residential customers shall use one of the service levels established in

Schedule A. Residents that use 96/64 gallon carts shall be serviced weekly, and may set out an additional one (I)

cubic yard of containerized Waste material without extra charge, which is equivalent to six (6) thirty-two (32) gallon

cans, bags, boxes or bundles. Each item shall not exceed fifty (50) pounds in weight or forty-eight (48) inches in

length. Additional carts may be provided for a fee as set forth in the rate schedule in Exhibit A.

A. Senior Rate. The Franchisee shall charge a senior residential collection rate to eligible seniors, as

set forth in Exhibit A. The senior residential collection rate shall have an eligibility age of 65 years old, or older, and

include the collection of a sixty-four (64) gallon Cart of Solid Waste, but does not include the one addition cubic

yard of containerized Waste in the base level of service.

B. Franchisee shall charge a fee for Special Yard Service as set forth in Exhibit A when optional yard

service is provided. Yard service charges are allowed when service to the customer's container requires walk in or

drive in service. Where yard service is provided, Franchisee shall not be responsible for damage to private roadways

or adjacent property, and Franchisee may require a damage waiver agreement or decline to provide service on such

private roads.

C. Yard service will be provided free of charge to disabled or frail elderly customers that (1) are

physically unable to move Carts as verified by medical certification, and (2) annually sign a sworn statement that

they live in a residence with no other resident that is capable of moving the Cart to the street for service.

D. In the event customer makes use of a locking, steel animal resistant enclosure, it shall be located

within 20 feet of any roadway. It is the responsibility of customer to provide access to such enclosure and keep the

area to and from the street clear for Franchisee. In the event access is not provided, or the Franchisee cannot get to

the enclosure, Franchisee is not required to service the container. Customer using this service shall be charged the

Special Yard Service rate as defined in Exhibit A in addition to their base service level. In the event customer uses a

96-gallon animal resistant container with the finger latch locking mechanism, no additional charge shall be made for

servicing these containers. Franchisee does not provide these containers and as they will be customer owned is not

responsible for any damage to the container. Franchisee can make customers aware of vendors who provide these

types of containers.

4.5 Commercial/Industrial Service. Unless self-hauling, all commercial and industrial customers shall

use one of the service levels established in Exhibit A for Solid Waste collection service, or collection service will be

provided in Franchisee owned steel containers ranging in size from 32 gallon cans, 96-gallon carts, l-yard to 30-yard

containers, or 10-yard to 30-yard compactors, which may be rented or leased from Franchisee. Every commercial

and industrial business within the County must have a minimum level of service unless they are self-hauling.

4.6 Ownership of Carts and Containers. All Carts and containers provided by Franchisee shall remain

the property of Franchisee. Customers shall not overfill Carts or containers, and materials that do not fit neatly

within the Cart or containers may be subject to additional fees, as set forth in Exhibit A. Replacement Carts may be

subject to a fee as set forth in Exhibit A.

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4.7 Solid Waste Disposal. Franchisee shall dispose of all Solid Waste collected under this Agreement

or any Solid Waste residuals remaining after processing, at any permitted and licensed site or facility where such

disposal is lawful, as selected by Franchisee in its sole discretion.

4.8 Transfer Station Operations. Franchisee shall have the exclusive duty, right, and privilege to

operate Transfer Stations within the County for the purpose of transferring Solid Waste and other Waste materials.

Franchisee shall continue to operate its Transfer Station in Virginia City which shall normally be open a minimum

of3 days per week, subject to seasonal adjustments. Rates for accepting and transferring Solid Waste and other

Waste materials shall be as set forth in the Rate Schedule in Exhibit A. Annual adjustment of rates for the transfer

operations shall be subjecting to rounding as agreed upon by the County and Franchisee 'so as to allow for the ease

in making change at the transfer station.

4.9 Recycling. The Franchisee agrees that it shall provide and maintain recycling drop off service at

Franchisee's Transfer Station. Franchisee shall be entitled to retain any revenues generated from the sale of the

Recyclable Materials by Franchisee. Recyclable Materials acceptable for drop off shall include cardboard,

newspapers, magazines, office paper, plastics 1 through 10, aluminum, tin cans, and glass; provided, however, if

Franchisee indicates that recyclable commodity markets for certain of the above listed materials are not viable, then

Franchisee shall not be required to accept such materials for drop off and processing. All items but glass may be

collected commingled in one container. Recycling drop off service will be provided to County residents free of

charge, and Franchisee shall provide the County with an annual report of the number of tons recycled each year.

4.10 Collection of County Facilities. Franchisee will provide collection and disposal of all Solid

Waste, without cost or charge, at all buildings, parks, "C" Street boardwalks and other facilities owned by Storey

County which are open to the public and operating under normal conditions. Included in this service is the biohazard

waste generated from the EMS operations of Storey County, to the extent this material is permitted for disposal at

the Transfer Station or Disposal Site. This complimentary service provided to Storey County shall not apply to the

disposal of any form of Solid Waste that requires special handling or equipment, Solid Waste resulting from natural

disasters, businesses operating for profit on County properties under special licensing or franchise agreements, any

special community event operated or sponsored by the County (this does not apply to "C" Street containers), or any

other types of extraordinary burdens for the removal of Solid Waste from property owned by the County. Included

in this complimentary service will be to maintain the current service level at the 4 existing schools in Storey County

(Hillside Elementary School, Hugh Gallagher Elementary School, Virginia City Middle School and Virginia City

High School) at a 50% discount in the amount charged therefore. The cost of this service shall be considered as a

normal cost of operations for determining collection rates.

The County shall be responsible to prohibit individuals or businesses from using the free service containers provided

by Franchisee at County facilities and along the streets of the County, and shall consider implementing an ordinance

to enforce compliance with this prohibition. Franchisee shall have the right to bill any residential or commercial user

who uses the public containers in lieu of the residential and commercial service provided under the agreement.

4.11 Disaster Relief. In the event of a natural disaster or other County emergency, Franchisee shall use

commercially reasonable efforts to provide assistance to Franchisor in the form of equipment, labor, and disposal

services, at rates and upon terms to be mutually agreed upon by the parties.

5. Collection Exclusions. It is understood that the Franchisee is not authorized and is not required hereunder

to collect and transport Hazardous Waste or restricted or other Waste that is not acceptable or permitted for disposal

at a Transfer Station or disposal site. In addition, Franchisee shall not be required to collect Carts or containers that

are not set out or filled in accordance with, or do not meet Franchisee's collection requirements

6. Standards for Collection and Operation.

6.1 Compliance with Law. Franchisee shall comply with ail laws and regulations applicable to

Franchisee's operations, including laws, ordinance, rules, and regulations of the United States, the State of Nevada,

and the County.

6.2 Equipment. Franchisee shall possess or demonstrate to the Franchisor's reasonable satisfaction

that it has available to it adequate equipment and vehicles, including reserve or replacement vehicles and equipment,

sufficient to perform the services required of Franchisee herein. Franchisee shall maintain all trucks and equipment

used within the Franchise Area in good mechanical condition and the same shall be clean, numbered, and uniformly

32

painted. All truck bodies used by Franchisee shall be constructed of metal and shall be watertight and leak proof.

Each vehicle used by Franchisee shall carry at all times a broom and shovel or other item appropriate for use in the

prompt removal of any spilled material. All vehicles used by Franchisee shall have adequate coverage at all times to

prevent the spillage of Solid Waste.

6.3 Collection Operations. Franchisee shall conduct its operation so as to minimize as practicable any

obstruction and inconvenience to public traffic or disruption of the peace and quiet of the area within which

collection occurs. Franchisee shall replace at its cost Franchisee-owned containers damaged by the negligent acts or

willful misconduct of its employees and through wear and tear of use, but shall not be responsible for free

replacement of containers which become damaged or unusable as a result of the negligent acts or willful misconduct

of other parties. Franchisee shall have the right to bill the parties whose negligence or misconduct causes damage for

the replacement costs of the damaged containers.

7. Rates; Adjustments; Billing.

7.1 Service Rate Schedule; Payment by Franchisor. Franchisee shall provide the collection and

disposal services required under this Agreement for the rates set forth in the Service Rate Schedule attached hereto

and incorporated herein as Exhibit A, as the same may be adjusted in accordance with this Section.

7.2 Annual Adjustment to Rates. Commencing on the first Adjustment Date and on every Adjustment

Date thereafter, the rates set forth in Exhibit A- Service Rate Schedule, as adjusted hereunder, shall be automatically

increased based on 100% of the percentage of change in the Consumer Price Index,

All Urban Consumers, U.S. City Average-Item: Garbage and Trash Collection (1983 = 100) ("CPI") as published by

the Bureau of Labor Statistics, for the 12 month period ending nearest, but at least sixty days prior to the Adjustment

Date, should there be an increase in the CPI. At least thirty (30) days prior to the Adjustment Date, Franchisee shall

notify Franchisor of the CPI adjustment to take effect on the Adjustment Date and shall provide Franchisor with its

computations therefore.

7.3 Fuel Surcharge. During the term of this Agreement, monthly prices for diesel fuel delivered in

bulk to Franchisee's place of business shall be tracked by the Franchisee and reported to the County as part of the

Franchisee's monthly report. Each Adjustment Date a Base Diesel Price shall be calculated. The initial Base Diesel

Price shall be $3.00/gallon. On each Adjustment Date, the Base Diesel Price shall be increased by the CPI

adjustment described in Section 7.2.

If the average price paid by the Franchisee for diesel fuel varies by more than 15% plus the

amount of the prior year's CPI adjustment, above the Base Diesel Price, the Franchisee shall add a fuel surcharge

line item to customers' bills for the next billing period, as follows:

Total Amount of Surcharge Revenue = number of gallons consumed in month x [Monthly

Average Price - (Base Diesel Price +1- Base Diesel Price x 15%)]

Surcharge Percentage = Total Amount of Surcharge Revenue 1 [Total Monthly Billings -

Itemized Taxes (net of disposal charges)]

For example: With a Base Diesel Price of$3.00/gallon, if the March Diesel Price is $4.00, the

number of monthly gallons consumed is 600 and the Total Monthly Billings are $40,000 (net of disposal charges)

then the Total Amount of Surcharge Revenue would be $330 (600 x ($4.00 - ($3.00 + $0.45) = $330) and the

Surcharge Percentage would be 0.825% ($330/$40,000 = 0.825%) of the customers' bill, exclusive of itemized taxes

and pass through disposal fees.

The Surcharge shall be calculated monthly, and will only be included in customers' bills if the

above surcharge criteria are satisfied for that particular month. Franchisee shall provide, in a timely manner, a

precise accounting of fuel consumption upon request by Franchisor.

7.4. Other Adjustments. The Franchisee's service rates set by this Agreement are calculated to pay

certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to any other

adjustments provided by Sections 7.2, the Franchisee's rates under this Agreement may, upon approval by

Franchisor (which shall not be unreasonably withheld), be further adjusted on an interim basis for increased or

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decreased expenses associated with performance of the services hereunder due to anyone or more of the following

causes:

(a) material changes in Franchisee's costs resulting from a Force Majeure (as defined below) event;

(b) changes in the scope or method of services provided by Franchisee, or other changes or fees required,

initiated, or approved by the Franchisor;

(c) any change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state,

regional, or local government that is effective after the Effective Date of this Agreement, including but not limited to

any increase in surcharges, fees, assessments, or taxes levied by federal, state, or local regulatory authorities or other

governmental entities upon the collection or disposal of Solid Waste;

(d) any increase in fees for disposal of Solid Waste that applies across the board to all customers of the

landfill;

(e) a material increase in the volume of Solid Waste or other materials collected by Franchisee hereunder,

whether caused by customer growth and/or annexation, which causes cost increases that are disproportionate to the

corresponding revenue increase; or

(f) any other extraordinary circumstances or causes or reasons that are not within the reasonable control of

Franchisee.

If Franchisee requests an adjustment due to the extraordinary circumstances set forth above, Franchisee shall prepare

a rate adjustment request setting forth its calculation of the increased or decreased costs and accompanying rate

adjustment necessary to offset such increased costs. The Franchisor may request any and all documentation and data

reasonably necessary to evaluate such request by Franchisee, and shall act within ninety (90) days of receipt of the

request from Franchisee to either approve or disapprove the request, provided that approval shall not be

unreasonably withheld.

7.5 Customer Billing and Customer Service. The Franchisee shall be responsible for all billing of

residents and customers under this Agreement. Franchisor and Franchisee shall work cooperatively to respond to

customer service complaints and issues raised by residents and customers. All single-family residential customers

shall be billed at least quarterly, and multifamily complex and commercial customers shall be billed monthly. The

Franchisee may bill to customers a late payment fee, interest, NSF check charges, as well as all costs associated with

bad debt collection. Franchisee may suspend or terminate service to accounts that become more than sixty days past

due, following fifteen days' written notice to the customer, and/or may place a lien upon the customer's property, in

accordance with applicable law. If such service is reactivated, Franchisee may charge a reactivation fee and/or may

require a deposit from the customer. In the event of any delinquent accounts, the County shall render reasonable

assistance to Franchisee in collecting such delinquent fees.

8. Franchise Fee. Franchisee shall pay into the general fund of the County, as an annual fee for the exercise

of this franchise, the total sum of five percent (5%) of the Gross Revenues generated by Franchisee within the

Franchise Area during the prior year, the sum to be payable on or the end of each calendar quarter. If this fee is

passed on to the customers, it shall be an imbedded fee.

9. Recordkeeping; Reporting. Franchisee shall make available to Franchisor for review annual reports

regarding the services provided under this Agreement. The Franchisor shall have the right, during normal business

hours and upon reasonable (at least three (3) business days') advance notice given to Franchisee by the Franchisor,

to inspect the records of Franchisee to ensure compliance with the services provided under this Agreement.

Franchisee shall maintain billing records, customer lists, compliance records, and customer complaints for a period

of two (2) years or as required by law, whichever is the greater.

10. Default, Termination.

10.1 Default. In the event of any material failure or refusal of Franchisee to comply with any

obligation or duty imposed on Franchisee under this Agreement, the Franchisor and Franchisee shall meet and

confer in good faith in an effort to agree on a resolution and cure of the breach. If the Parties are unable to agree on

34

the informal resolution or cure of the breach within ten (10) business days, the Franchisor shall have the right to

terminate this Agreement if:

a. following the ten (I O)-day meeting period above, the Franchisor shall have given written notice

to Franchisee specifying that a particular default or defaults exist which will, unless corrected, constitute a material

breach of this Agreement on the part of Franchisee, and

b. Franchisee fails to correct such default or fails to take reasonable steps to commence to correct

the same within thirty (30) days from the date of the notice given by Franchisor under this Section 10.1 and

Franchisee thereafter fails to diligently continue to take reasonable steps to correct such default.

10.2 Termination. Upon the occurrence of a material breach, failure to cure, and the declaration of

termination of this Agreement by the Franchisor as provided above, this Agreement shall be of no further force and

effect unless the Franchisor elects to terminate only a portion of the services set forth herein and maintain the

remainder of the Agreement.

11. Indemnity.

11.1 Franchisee Indemnity. Franchisee shall defend, indemnity, and hold harmless Franchisor and its

employees, agents, and appointed and elected officials (collectively, "Indemnitees''), from and against any and all

liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments, and costs and expenses

incidental thereto, including reasonable attorneys' fees, (collectively, "Damages") which any or all of the

Indemnitees may hereafter suffer, incur, be responsible for, or payout with respect to claims by third parties for

personal injury, property damage, or other loss to the extent caused by, or arising from or in connection with the

negligent actions or omissions or willful misconduct of Franchisee, its employees, or subcontractors, in the

performance of this Agreement. Such indemnity shall be limited to exclude Damages to the extent that they are

caused by, arise from, or in connection with any negligent actions or omissions or willful misconduct of Franchisor

or its employees, agents, subcontractors, or appointed or elected officials. The extent of Franchisee's liability under

this Section shall not exceed the amount of Franchisee's proportionate share of fault.

11.2 Procedure. Franchisee shall have no obligation to indemnity or defend hereunder unless the

Indemnitees provide written notice to Franchisee of the claim giving rise to Franchisee's obligation to indemnify

hereunder within thirty (30) days after the Indemnitees is made aware in writing of such claim. The Indemnitees

shall cooperate in the defense of suit if requested by Franchisee and shall have the right to approve counsel chosen

by Franchisee to litigate such suit, which approval shall not be unreasonably withheld. Franchisee shall have the sole

right to contest, defend, litigate, and settle claims tendered by the Indemnitees hereunder provided that a least ten

(10) business days prior to any such settlement, written notice of Franchisee's intention to settle is given to the

Indemnitees. In the event a dispute exists over whether an Indemnitee is entitled to indemnification, the Indemnitee

shall defend itself until the dispute is resolved. Upon resolution of the indemnification dispute, the prevailing party

shall be entitled to indemnification for its defense costs incurred prior to resolution.

11.3 Insurance. If any claims indemnified against under this Section have the potential for coverage

under any insurance, then the indemnity set forth in this Section shall be limited as provided in this Section 11.3.

Before pursuing recovery under this indemnity, the Indemnitees shall exhaust all recovery available for such claim

from insurance. Once the Indemnitees have exhausted all recovery under all available insurance, the Franchisee shall

pay only the amount of the loss, if any that exceeds the total amount that all insurance has paid for the loss. Nothing

in this Agreement shall constitute a waiver or relinquishment of any claims which the parties may have against

insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that

the parties or their insurers may have against another insurer or other potentially liable party. Notwithstanding

anything in this Agreement to the contrary, the Franchisee shall not be obligated to pay for the defense of any claim

or suit that any insurer has a duty to defend. If no insurer defends, however, then the Franchisee shall, to the extent

obligated to do so by this Agreement, pay for the defense, but shall be entitled to the insured's rights against all

insurers with a potential for coverage of such claim.

12. Insurance.

12.1 Coverage. Franchisee shall secure and maintain continuously in full force and effect during the

term of this Agreement, and any extensions hereof, insurance policies which will protect Franchisee and Franchisor

35

from claims from bodily injury, death, or property damage which may arise from Franchisee's activities or

operations under this Agreement. Said policies shall be for not less than the amounts listed below:

* Employer's Liability: $1,000,000 per accident, per occurrence

* Public Liability, Bodily Injury and Property Damage Insurance: $5,000,000 per accident, per

occurrence, with aggregate limits of $6,000,000.

* Automobile Liability Insurance: $5,000,000 per accident, per occurrence, with aggregate limits

of $6,000,000

12.2 Additional Insured; Certificate. The liability insurance policies shall name the Franchisor as an

additional insured. Franchisee shall provide the Franchisor with a Certificate of Insurance duly executed by

Franchisee's insurance carrier which shall serve as evidence of the continued existence of Franchisee's insurance

policies required hereunder and which shall contain a provision that the coverage there under will not be canceled or

materially reduced without thirty (30) days prior written notice given Franchisor.

13. Subcontracting. The Franchisee reserves the right to subcontract the services to be provided under this

Agreement. In the event of a subcontracting, the subcontractor shall comply with the previously established rates

and all terms and conditions of this Agreement.

14. Dispute Resolution; Attorneys' Fees. In the event of a dispute arising under this Agreement, the Parties

shall continue performance of their respective obligations under this Agreement and shall attempt to resolve such

dispute in a cooperative manner. If the Parties are unable to resolve the dispute, then, in addition to and without

waiving any rights and remedies under this Agreement or under civil or common law, the Parties may agree to

arbitration pursuant to the terms of this Section. Within fifteen (15) days after agreement to arbitration has been

reached, the Parties shall agree upon a single arbitrator selected from a panel of persons qualified by the American

Arbitration Association (or other agreed upon local alternative dispute resolution organization) or, in case of a

disagreement, each Party shall appoint an arbitrator and the two (2) arbitrators together shall agree on a single

arbitrator to arbiter the dispute.

During such time that the arbitrator is being selected or appointed, the Parties shall continue to negotiate in good

faith to resolve their dispute in a cooperative manner. The arbitrator shall apply applicable provisions of Nevada law

in reaching his or her determination. The determination by the arbitrator shall be final and binding on the Parties,

and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having

jurisdiction thereof. Franchisee and Franchisor shall use their best efforts to conclude all arbitration proceedings

involving fee and rate adjustment disputes within thirty (30) days following the commencement of such arbitration

proceedings. The arbitrator shall have the authority, but shall not be required, to award to the prevailing Party in the

arbitration proceedings reasonable attorneys' fees, expert and non-expert witness costs and expenses, and all other

reasonable costs and expenses incurred directly or indirectly in connection with the proceedings provided, however,

that the costs of the arbitrator shall be shared equally by the Parties. In the event of any litigation to interpret or

enforce the terms of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and costs

from the non-prevailing Party, at trial and on appeal.

15. Assignment. Franchisee shall not assign its rights nor delegate or otherwise transfer its obligations under

this Agreement to any other person or corporate entity without the prior written consent of the Franchisor, which

consent shall not be unreasonably delayed or withheld. Notwithstanding the foregoing, Franchisee shall have the

right, without seeking or obtaining approval or authority from the Franchisor, to assign or transfer this Agreement to

any affiliate of Franchisee or its parent corporation.

16. Force Majeure. Provided that the requirements of this section are met, Franchisee shall be excused from

performance and shall not be liable for failure to perform under this Agreement if Franchisee's performance is

prevented or delayed by acts of terrorism, acts of God, landslides, lightning, forest fires, storms, floods, typhoons,

hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or the imminent threat

of such natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars, blockades,

public riots, strikes, lockouts, or other labor disturbances, acts of government or governrnental restraint, or other

causes, whether of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not

reasonably within the control of the Franchisee ("Force Majeure"). If as a result of a Force Majeure event,

Franchisee is unable wholly or partially to meet its obligations under this Agreement, it shall give the Franchisor

promptly written notice of the Force Majeure event, describing it in reasonable detail. The Franchisee's obligations

36

under this Contract shall be suspended, but only with respect to the particular component of obligations affected by

the Force Majeure and only for the period during which the Force Majeure exists.

17. Independent Contractor. Franchisee is an independent contractor and shall not be deemed an employee

of the Franchisor.

18. Captions. Titles or captions of articles and sections contained in this Agreement are inserted only as a

matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Agreement

or the intent of any provision of it.

19. Severability. If any of the provisions of this Agreement are determined to be invalid or unenforceable,

those provisions shall be deemed severable from the remainder of this Agreement and shall not cause the remainder

of this Agreement to be invalid or unenforceable, unless this Agreement without the severed provision would

frustrate a material purpose of either Party in entering into this Agreement.

20. Waiver. No waiver of any right or obligation of either Party hereto shall be effective unless in writing,

specifying such waiver, executed by the Party against whom such waiver is sought to be enforced. A waiver by

either Party of any of its rights under this Agreement on any occasion shall not be a bar to the exercise of the same

right on any subsequent occasion or of any other right at any time.

21. Counterparts. This Agreement may be executed in two (2) counterparts, each of which shall be deemed

an original, but both of which shall be deemed to constitute the same instrument.

22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of

Nevada.

23. Amendment. This Agreement may be amended, altered, or modified only by a writing, specifying such

amendment, alteration, or modification, executed by authorized representatives of both of the Parties hereto.

24. Additional Fees. Provided the franchise fee set forth in Section 8 is paid by Franchisee, no other general

business license fees shall be imposed upon Franchisee, or any of its affiliated companies, by Franchisor during the

term of this Agreement; provided however, that Franchisee shall pay, in the same manner as any other business, real

and personal property taxes, building permit fees, and other such fees.

25. Complete Agreement. This writing constitutes the full and complete Agreement and understanding

between the Franchisee and the Franchisor. All previous agreements are hereby superseded.

IN WITNESS WHEREOF, this Agreement is effective as of the Effective Date set forth above.

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SCHEDULE A SERVICE RATE SCHEDULE

Residential

1 can Monthly 13.25 Quarterly 39.75 2 can Monthly 17.18 Quarterly 51.54 Additional can Monthly 3.68 1 can + Cyd Monthly 19.13 Quarterly 57.39 1 96 + Cyd Monthly 21.85 Quarterly 65.55 1 64 Senior/NoCYD Monthly 18.56 (Age 65+) 545.69 Additional 96's Monthly 7.10 Special Yard Service Monthly 10.11 Cart replacement fee 78.75 Due to customer damage 1 64 Monthly 19.66 Commercial

Dumpster’s 1x week 2x week 3xweek 4xweek 5xweek 6x week 1 yd 103.04 206.07 309.11 412.15 515.18 618.22 2 yd 143.10 286.20 429.30 572.41 715.50 858.61 3 yd 169.63 339.26 508.88 678.52 484.15 1017.78 4 yd 201.43 402.86 604.30 805.73 1007.16 1213.84 5 yd 6 yd 333.97 667.95 1001.92 1335.89 1669.87 2003.83

Sunday 1 yd 131.25 1x Special (4yd) 73.50 (6yd) 115.50 96T Monthly 28.88 Commercial

Cans 1x week 2x week 3xweek 4x week 5x week 6x week 1 can 8.621 16.202 26.922 37.643 48.363 59.094 2 can 16.202 37.643 59.094 80.535 101.987 123.428 3 can 26.922 59.094 91.256 123.428 155.600 187.772 4 can 37.359 80.535 123.428 166.320 209.213 252.105 5 can 48.363 101.987 155.600 209.213 262.826 316.449 6 can 59.094 123.428 187.772 252.105 316.449 380.783 Sunday 1 can 26.25 Per week 113.40 Per month Drop Boxes

20 yard 172.37 30 yard 268.84 Rental 34.35 Delivery 81.90

38

Compactors

10 yard 194.76 20 yard 410.52 25 yard 556.10 30 yard 691.81 Comp yd 21.58 Activation/Reactivation fee/all services 44.10 Transfer Station

Minimum Charge 5.5 1-32 gallon can 1.6 1-50 gallon can 2.35 Passenger tires 4.25 Truck tires 6.75 Trash/Garbage 5.5 Demolition 12.35 Bulky 9.5 Freon removal 25.5

39

Appendix B: Special Use Permit 2006-064 (Waste Management)

SECOND AMENDED SPECIAL USE PERMIT

COUNTY OF STOREY; STATE OF NEVADA

BOARD OF COUNTY COMMISSIONERS

SPECIAL USE PERMIT

SUP #1990-014 and

SUP #2006-064

THE LOCKWOOD LANDFILL AND

ASSOCIATED WASTE MANAGEMENT SYSTEMS

The Board of County Commissioners (Commission) of the County of Storey (County)

hereby amends the Special Use Permit issued in May, 1969 to BEMCo, and as further amended

by the Storey County Commissioners July 23, 1990, and October 20, 1992 for the continued use

and expansion of a Class I Municipal Solid Waste Sanitary Landfill (landfill) as defined in

Nevada Administrative Code §444.5705 and §§444.6769 through 444.7025 inclusive, known as

the Lockwood Landfill ("Lockwood")("Special Use Permit")

This Special Use Permit, as amended, is an entitlement to use the Subject Property as a

municipal solid waste landfill subject to issuance of a permit to construct and operate a

municipal solid waste landfill by the Solid Waste Management Authority for Storey County,

pursuant to the provisions of NRS 444.556.

FINDINGS

The Commission bases its decision on the following findings of fact which are contained in the

public record for this permit:

1. This Second Amended Special Use Permit is subject to the terms and conditions which

are necessary for the protection of the public health, safety and general welfare.

2. For the purposes of this Second Amended Special Use Permit, the following definitions

shall apply as more fully set out in the Application To Amend Special Use Permit filed

with the Storey County Planning Commission, which Application is incorporated herein

by reference:

a. "Original Disposal Area" means the perimeter of the lands described as the

subject property in the Special Use Permit approved by the Storey County

Commissioners on July 23, 1990, consisting of approximately 1,534.49 acres which

included an original disposal site of 555 acres as shown on Figure 1

b. "Operational Footprint" means the area of approximately 1,139 acres contiguous

to the Original Disposal Area as shown on Figure 1.

c. "Disposal Footprint" means the area within the Operational Footprint where

municipal solid waste will be deposited as shown on Figure 1.

40

d. "Lateral Expansion" as that term is defined by NAC 444.587 and used herein

refers to the Operational Footprint and the Disposal Footprint which is contiguous to the

Original Disposal Area as shown on Figure 1.

e. "Subject Property" means and includes the Original Disposal Area, the

Operational Footprint, and the Disposal Footprint as shown on the map of the project site

attached as Figure 1.

f. "Lockwood Landfill" as that term is used herein refers to the entire Subject

Property.

g. "Solid Waste Management Authority" has the meaning ascribed to it in NRS

444.495.

3. The County issued a special use permit on or about May 20, 1969 (1969 permit) to

BEMCO for purposes of operating a "dump site" in Storey County for residents and

businesses of Storey County and Washoe County, Nevada. The Special Use Permit was

amended effective July 23, 1990 (referred to herein as the "1990 Amendment").

4. In 1990 the County determined that the area used for disposal of municipal solid waste

generally exceeded the boundaries of the disposal area that was approved as part of the

1969 special use permit. The County required that prior to continued construction or use

of the areas in excess of the 1969 permit, the permit holder shall obtain approval of an

amended special use permit and new operating plan in order to protect the public health,

safety, and welfare.

5. The intent of the 1990 Amendment was to replace the 1969 permit, ensure compliance

with current and future County, State, and Federal regulations, and to provide for the

acceptance of waste generated over a large region that includes sources in Nevada, and

municipal solid waste generated in other adjoining states.

6. The county adopted Chapter 8.10 Waste Management to the Storey County Code. This

Second Amended Special Use Permit is issued in accordance with the provisions of

Chapter 8.10 of the Storey County Code, as revised and amended effective December 6,

2006.

7. The Commission finds that the 1990 Amendment authorized the Lockwood landfill to be

a regional waste management facility. The Commission finds that the capacity of the site

to be of adequate size and physical suitability to accommodate waste generated outside of

Storey County, including waste generated in other states. The County intends that the

Lockwood Landfill is to be a regional landfill so long as there is long-term capacity for

the residents and businesses of Storey County. The landfill is to be operated in an

environmentally safe manner.

8. This Second Amended Special Use Permit allows for a Lateral Expansion (as defined by

NAC 444.587 and NAC 444.6769), within an area of approximately 1,139 acres which is

contiguous to the Original Disposal Area as shown on Figure 1. The area to be permitted

by the Solid Waste Management Authority as a Lateral Expansion is shown on Figure 1

as the Disposal Footprint and as more fully set out in the Application To Amend Special

Use filed by the Permit Holder.

9. Before commencing landfill operations in the Lateral Expansion, the Operator shall be

required to obtain a permit to construct and operate a municipal solid waste landfill from

41

the Solid Waste Management Authority for Storey County under federal law set out at

Title 40 CFR, Part 258 (Subtitle D) and criteria under Nevada law set out in the Nevada

Administrative Code commencing at § 444.558.

10. Expansion of the Subject Property boundaries, or further lateral expansions, beyond the

boundaries of the Subject Property for which this Second Amended Special Use Permit is

issued shall require a new or amended Special Use Permit.

11. TheCommission finds that the 1990 Amendment required Operator to build a new road

serving the landfill if Storey County built a new bridge across the Truckee River. The

Commission finds that the Hafed Bridge was built and that Operator has complied with

all terms and conditions of the July 23, 1990 amendment by building a new access road

from the Hafed Bridge to the Lockwood Landfill. Accordingly the primary access road

for all operations of the landfill shall be by this newly constructed access road. Canyon

Way shall be used by the permit holder only for emergency traffic or under extraordinary

circumstances.

12. The Storey County Planning Commission at a public hearing held in accordance with

Chapter 8.10 of the Storey County Code, considered the report of its staff and

independent qualified professionals retained by the County, the comments and reports of

the permit holder, comments from the parties in interest, and the comments from the

general public, and at said hearing the Planning Commission approved the Special Use

Permit. The Storey County Commission now approves of the action of the Storey County

Planning Commission and does hereby grant approval of this Second Amended Special

Use Permit.

13. The current record owner of the subject property is Refuse, Inc., a Nevada corporation,

and Refuse, Inc. is the permit holder.

This permit, upon execution by all parties, shall amend The Special Use Permit, and

replace and supersede all previous amendments, and subject to the following terms and

conditions:

I. GENERAL

1. This permit shall inure to the record owner (permit holder) of the Subject Property and

shall run with the land.

2. In the event of a sale, assignment or transfer of the Subject Property or of this Second

Amended Special Use Permit, Refuse Inc. shall remain liable for the faithful performance

of all the terms and conditions set out herein. Refuse shall be released from liability only

upon a written agreement approved by the Storey County Commission.

3. This permit shall not be construed to be a permit to design, construct, operate, or maintain

any expansion of the Subject Property as depicted in the operating plan approved by the

Solid Waste Management Authority for Storey County.

4. This permit shall incorporate by reference the standards, objectives, conditions, terms,

and requirements of the operating plan approved by the Solid Waste Management

Authority for Storey County.

5. The permit holder warrants that the current use of the land conforms to the requirements

of the County of Storey, State of Nevada, and applicable Federal regulatory and legal

42

requirements for a municipal solid waste landfill; further, the permit holder warrants that

continued and future use of the land shall so conform. The permit holder, its assigns,

heirs, or successors, agrees to hold the County, its officers, and representatives harmless

from the costs associated with any environmental damage, environmental liability, and

any/all other claims now existing or which may occur as a result of this Special Use

Permit.

6. The permit holder, its assigns, heirs, or successors, shall continuously maintain a

satisfactory liability insurance policy or other surety in the amount of at least five million

dollars ($5,000,000.00) with the County of Storey, its officials, officers, and employees

as additional named insured’s.

7. In the event that the municipal solid waste landfill on the subject property is abandoned

for a period of more than eighteen calendar months from the date of last disposed of

waste, this permit shall become null and void and a new Special Use Permit shall be

required. As used herein "abandonment" means an intentional cessation of all operations

with the intent to close landfill operations. Abandonment shall not include a force

majeure, such as, but not limited to, a flood, damage or destruction of the access to the

site, earthquake, or other events beyond the control of the County or permit holder.

8. This permit shall remain valid as long as the permit holder, its heirs, assigns, or

successors remain in compliance with the terms of this permit, existing and/or future

Storey County ordinances and regulations, State and Federal laws and regulations.

9. In the event that the permit lapses or the use is discontinued or abandoned, the permit

holder, its heirs, assigns, or successors, shall remain responsible for environmental

monitoring and post-closure maintenance.

II. REGULATORY REQUIREMENTS AND THE USE OF LAND

1. Storey County has approved a zoning change for the Subject Property from the current

Forestry district, to a heavy industrial land use designation which conditionally permits a

municipal solid waste landfill.

2. This permit shall apply to the following primary and accessory uses at the Lockwood

Landfill, subject to the approval of the Solid Waste Management Authority of a new

operating plan for any uses not currently in operation at the subject property, and where

applicable, subject to the issuance of a building permit under the Storey County building

code:

a. The Solid Waste Management Authority for Storey County shall have issued a

permit to construct and operate a Class I, Municipal Solid Waste Sanitary

Landfill pursuant to federal law set out at Title 40 CFR, Part 258(Subtitle D) and

Nevada Administrative Code §§ 444.6769 through 444.7025 inclusive for the

area designated as the Disposal Footprint as shown on Figure 1 and more fully

described in the Application for Special Use Permit filed by the permit holder

with the Storey County Planning Commission.

Nothing contained in this Second Amended Special Use Permit changes the

operation permit for the Original Disposal Area shown on Figure 1 as granted by

the Solid Waste Management Authority for Storey County at the time of granting

the Special Use Permit approved by the Storey County Commissioners on July

23, 1990.

43

b. Offices for site employees, security personnel, gatekeepers, and other business

uses related to waste management operations at Lockwood.

c. Onsite access roads and access to the disposal areas.

d. Buildings for the storage of vehicles, materials, equipment, and supplies used for

the facility and accessory business.

e. Buildings for the repair and maintenance of vehicles and equipment used in

association with the Lockwood Landfill. No retail repair of vehicles or equipment

shall be included in this permit.

f. Environmental monitoring facilities, equipment and supplies.

g. Gate and security buildings.

h. One single family residence to be used by security personnel. One mobile home

not placed on a permanent foundation shall be included in this condition in place

of a conventional or module residence on a permanent foundation.

i. Scales for weighing vehicles and equipment.

j. An inspection area or sheltered facility in which inspections of incoming vehicle

waste may be performed.

k. Facilities for the transfer, storage, transformation, compo sting, separation,

resource recovery, or other diversion of non-hazardous solid wastes.

l. Facilities required for personnel or public health and safety.

m. Landfill gas recovery or venting systems, including cogeneration from the

extraction of landfill gasses.

3. This Second Amended Special Use Permit shall not include in its entitlements any of the

following uses (these uses require an additional Special Use Permit):

a. Disposal, treatment, transformation, diversion, or recovery of hazardous wastes,

other than the removal of household hazardous waste from the municipal solid

waste stream.

b. Incineration, including incineration with cogeneration facilities, of municipal

solid waste, infectious waste, or hazardous waste. Wood waste and yard waste

may be burned subject to the requirements of the State of Nevada and County of

Storey for air quality control, and the Nevada Department of Forestry for fire

safety. Written acceptance by the responsible agencies concerning burning of

wood and yard waste shall be submitted to the Solid Waste Management

Authority prior to commencement of burning activities.

The uses listed in this condition shall require a Permit from Storey County and

the Solid Waste Management Authority prior to the commencement of

construction or initiation of use.

44

4. Waste disposed within the Lockwood landfill may originate at any location in Nevada,

Oregon, California, Utah, or Idaho, provided that notification of any proposal to accept

out-of-state waste shall be transmitted to the Commission at least fourteen calendar days

prior to the arrival of the first shipment.

5. The Solid Waste Management Authority shall have sole authority for the permitting,

compliance, monitoring, and enforcement of the permit to construct and operate a

municipal solid waste landfill. Storey County retains jurisdiction to enforce all other

conditions of this Second Amended Special Use Permit.

III. ACCESS, MAINTENANCE OF ACCESS ROADS

1. The primary access to the landfill shall be by the new access road built by the permit

holder from the Hafed Bridge to the Landfill. Canyon Way shall be used as a secondary

access for all waste hauling vehicles using the landfill, and for emergency and

extraordinary purposes.

2. The permit holder agrees to contribute to the cost of repairs and rebuilding that

portion of East Mustang Road under the jurisdiction of Storey County (although

located in Washoe County) as shown on Figure 3 attached hereto. The permit - -

holder shall contribute an amount equal to one half (1/2) of the cost of the asphalt

material. All waste asphalt will be deposed at the Landfill at no charge to Storey

County. See Figure 3 attached hereto.

2. The permit holder shall continuously maintain emergency access and fire roads as

required by the Nevada Department of Forestry and the County for fire control

access.

3. The permit holder shall have no further responsibility for the maintenance of

Canyon Way.

IV. FEES, ROYALTIES AND SERVICES CHARGES

1. County and permit holder have entered into a "Landfill Franchise Agreement"

dated October 20, 1992, whereby the County granted to permit holder, pursuant to

the authority conferred by NRS 244.187(7), the exclusive franchise for the right

and privilege of operating a landfill within the unincorporated area of the County.

The Landfill Franchise Agreement of October 20, 1992 is incorporated herein by

reference.

2. The County and permit holder have entered into an "Amended Landfill Franchise

Agreement" effective as of even date herewith and incorporated herein by

reference, which provides for an increase in fees payable under this Second

Amended Special Permit.

3. All fees payable to County shall be payable in the amount, and determined, in the

manner set forth in the Amended Landfill Franchise Agreement.

45

V. SOLID WASTE MANAGEMENT AUTHORITY.

1. This Second Amended Special Use Permit is issued pursuant to the provisions and

procedures set out at section 8.10.120(A) of the Storey County Code.

2. This Permit is conditioned upon the permit holder obtaining from the Solid Waste

Management Authority for Storey County a permit to construct and operate a

municipal solid waste landfill in the Lateral Expansion, which also satisfies the

following provisions of the Story County Code:

Surface Water Management (8.10.140. C. 4): In accordance with applicable

Subtitle D and Nevada Administrative Code ("NAC") regulations and as part of

the design process the surface water will be addressed so not to have a negative impact to Long Valley Creek or the Truckee River. The run-off from the site will be

directed by grade controls, channels and directed into adequately sized retention ponds.

The run-on will be diverted around or away from the landfill.

• Hydrology [8.10.140. C. 6 (a)]: In accordance with Subtitle D and NAC regulations and

as part of the permitting process, an extensive study and evaluation will be completed

concerning the hydrology and hydro geologic conditions of the site so not to impact the

groundwater.

• Design (8.10.140. C. 1 and 8.10.170.G.3(al): The expansion boundary (1139 acres) and

the waste footprint will be outlined in the permit application documents.

• Archaeological, Historical, Rare and Endangered Species [8.10.170.G.3(el): In

accordance with applicable Subtitle D and NAC regulations, and as part of the permitting

process, a comprehensive investigation of historical and endangered species will be

conducted on the site.

• Air Emissions [8.10.140. C. 6 (b)]: A comprehensive study will be completed as part of the

permitting process. The existing Title V Permit will be modified, subject to approval by

Nevada Department of Environmental Protection, Air Quality Bureau.

• Nearest Identified Fault Lines and Quake Potential (8.10.140.C.4): A seismic

analysis will be performed in accordance with Subtitle D permitting requirements.

• All Report To Be Delivered To Storey County. All documents, correspondence and

reports concerning the expansion area will be forwarded to Storey County.

3. This Permit is further conditioned upon the permit holder maintaining sight mitigation

from the LockwoodlRainbow Bend Community of the Lateral Expansion as shown on the

map labeled "Clubhouse-Viewable Areas" attached hereto as Figure 2.

VI. ENVIRONMENTAL MONITORING AND PUBLIC HEALTH AND SAFETY

1. The permit holders shall continuously conform to the requirements of the Operating

Plan approved by the Solid Waste Management Authority, which Operating Plan is

incorporated herein by reference.

2. Within thirty days of the date the Solid Waste Management Authority issues a permit to

construct and operate a municipal solid waste landfill, the permit holder shall submit a

46

copy of the approved Operating Plan to the County. The Operating Plan shall include

plans for the maintenance of the records required by NAC § 444.7025 and ground water

monitoring required by NAC § 444.7481 to § 444.7499, inclusive.

3. The approved Operating Plan shall include provisions for closure and post-closure as

required by NAC § 444.6892 to § 444.6897, inclusive. The closure plan shall include an

estimate of closing costs and post-closure maintenance costs. The estimated amounts

must be sufficient for purposes of assuring compliance with regulations associated with

closing the landfill and maintaining the long-term monitoring program.

4. The permit holder shall comply with the environmental protection and public health

protection programs that may be developed by the Solid Waste Management Authority.

5. The permit holder shall comply with the requirements of the Solid Waste Management

Authority for Storey County. In the event that the County acquires the authority to issue

permits for disposal or other services, the County shall reasonably attempt to provide a

permit location, preferably in Central Reno, that reasonably serves the bulk of the

disposers at the project. The County shall designate only one enforcement and

compliance authority at anyone time.

6. The County has prepared a comprehensive waste management code to regulate waste

disposal and resource recovery facilities within Storey County. The permit holder shall at

all times comply with applicable provisions of the code.

7. The permit holder, its assigns or successors, shall Indemnify, defend, and hold harmless

the County, its officers, officials, employees, and agents from and against any and all

liability, loss, damage, expense, costs (including without limitation costs and fees of

litigation) of every nature arising out of or in connection with this Special Use Permit,

permit holder's performance of work hereunder, or its failure to comply with any of its

obligations contained in the this Special Use Permit, or arising out of the granting of this

Permit.

8. Further, the permit holder shall protect, defend, indemnify, and hold harmless the

County, its officers, employees, and agents from and against any and all claims for actual

damage, natural resources damages, remediation and removal costs, and losses of every

kind and description, arising out of or resulting from any cleanup, removal, remedial, or

other plan, arising from the operation of a municipal solid waste landfill pursuant to this

Special Use Permit. The foregoing indemnity is for the exclusive benefit of the County

parties indemnified, and in no event shall such indemnity inure to the benefit of any third

party.

9. The permit holder shall on the 5 year anniversary of this Second Amended Special Use

Permit, and every 5 years thereafter, report to the Storey County Commission that it is in

full compliance with the terms and conditions of this Second Amended Special Use

Permit and its Operating Plan as approved by the Solid Waste Management Authority.

10. In the event the County incurs the cost of extended fire suppression at the Landfill past

the first alarm, the permit holder shall reimburse the County the cost of such extended

fire service in an amount not to exceed $25,000 annually (subject to an annual cost of

living adjustment).

11. In consideration of granting this Permit, the permit holder agrees to provide equipment

and personnel for loose debris removal from Long Valley Creek, a tributary of the

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Truckee River. Loose debris removal shall be every other year, except in the event of a

major flood event, and then loose debris removal will be provided as required. The permit

holder shall not be responsible for any other type of construction or reconstruction of

Long Valley Creek. Storey County shall be responsible to obtain all necessary permits for

such debris removal, including all permits required by the Army Corp of Engineers.

12. Whenever possible, the permit holder shall take delivery within Storey County for all

equipment, vehicles, building materials and other personal property used at the Landfill.

VII. PRIOR AGREEMENTS.

1. This Second Amended Special Use Permit amends and supersedes the Special Use Permit

dated July 23, 1990, and the Amendment dated October 21, 1992.

2. Except as hereby amended, the Lockwood Landfill Special Use Permit is ratified and

confirmed and shall remain in full force and effect.

AFFIRMATION

This Second Amended Special Use Permit was duly approved and passed on the 20th day of January,

2009, by the following vote:

AYE: All

NAY: None

ABSENT: None

ACCEPTANCE

The terms and conditions of this Second Amended Special Use Permit are accepted by the record owner

of the real property for which the permit is issued.

REFUSE, INC., a Nevada corporation

Greg Martinelli, General Manager

Record owner of the subject property

Dated: January.22 2009

48

Appendix C: Carson City Landfill

49

Appendix D: Special Use Permit 2007-056/2007-058 (Waters Septic Services)

Storey County

Planning Commission

Douglas Walling, Chairman

Virgil Bucchianeri, Vice-Chairman

Lydia Hammack ~ Peter Maholland ~ Austin Osborne ~ Larry Prater ~ Bret

Tyler

June 5, 2007

Waters Septic Tank Service

P.O. Box 18160

Reno, NV 89511

Tahoe-Reno Industrial Center, LLC

% Vince Griffin

8725 Technology Way Ste B

Reno, NV 89521

Re: Special Use Permit 2007-056 & 058

For Waters Septic Tank Service

Dear Sirs:

Water Septic Tank Service have applied for a Special Use Permit for a project site to be used for

the temporary storage and dewatering of septic tanks, grease traps and sand oil separator waste

that has been transported to the project by vacuum trucks. Various other non-hazardous liquid

waste such as drilling muc, cooling water, reclaimed water, etc., will be treated at the site.

The Planning commission recommended approval of the special use permit with the following

stipulations:

1) That the construction and operation of the project comply with all state, federal and local agency regulations.

2) That esthetically acceptable screening of a minimum 8’ fence (chain-link with slats or solid) plus 3-strand barbed

wire enclosing all developed property. A screening plan, including plants and trees, shall be submitted to the

Storey County Building Department for approval and must be maintained and sustained.

3) Lighting plan shall be designed to provide necessary operation but not be over obtrusive to avoid safety hazard(s)

for traffic and/or light population.

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4) Whenever Nevada law requires the payment of a sales and/or use tax, all materials and equipment purchased or

rented for this project should be received in Storey County and the value reported as ‘county-of-delivery’ on the

Nevada Dept. of Taxation form TXR-01.01 ‘Sales/Use Tax Return’. Proof of appropriate reporting is required

prior to a ‘Certificate of Occupancy’ being issued.

5) De-watering storage ponds to be enclosed fully in a building, so they would not be affecting the surrounding

property owners with their de-watering process to reduce offensive odors

6) Installation of an Air change Filtration System in the building to eliminate offensive odors.

The Storey County Board of Commissioners gave final approval to Special Use Permit Application 2007-056 & 058,

and the effective date of the permit is June 5, 2007. Enclosed is an approved copy of the application for your records.

(Please be aware that there is a one-year time limit on the special use permit; if no significant development commences

within said period, this permit will be void. The one-year time period regarding this stipulation begins with the

effective date of June 5, 2007).

A. GENERAL STIPULATIONS:

1. The commission considered the review of its staff, comments, submittals and reports of the permit applicant and

parties of interest, and the general public in the preparation of and approval of this permit.

2. Special Use Permit 2007-056 & 058 incorporates by reference all the documents submitted as support

information and such information becomes part of S.U.P. 2007-056 & 058 (see List of Enclosures).

3. This permit is subject to terms and conditions that are necessary to provide minimum standards to safeguard life

or limb, health, property and public welfare by regulating and controlling the design, construction, quality of

materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and

certain equipment specifically regulated herein.

4. For the purposes of this special use permit, the term “Subject Property” means Parcel 2007-37 & 38, which is

approximately 10.0 acres located in the I-2 Heavy Industrial Zone at 2355 and 2401 East Britain Drive, McCarran,

Nevada 89434.

5. This special use permit is issued under the requirements of Storey County Zoning Ordinance, Chapter 17.37.040,

which allows certain uses in a Heavy Industrial zone (I-2) subject to securing a Special Use Permit, including

“Recycling Facilities and operations involving use, recovery or residue of hazardous materials and/or wastes,”

“Chemical manufacturer,” “Electric or gas power generating plants,” and “Other uses similar to the above which are

determined by the board of county commissioners to be consistent with the uses requiring a special use permit

within the zone, after considering a recommendation on such use by the planning commission.”

6. This special use permit shall not be construed to be a permit for design or construction. A separate Storey

County plan review, fire safety review, and building permit will be required. A Nevada Division of Environmental

Protection air quality control permit must be obtained for the project. A copy of the NDEP air quality permit shall

be forwarded to Storey County Planning for inclusion with S.U.P. 2007-056 & 058.

7. Issuance of this permit does not convey property rights of any sort or any exclusive privilege; nor does it authorize any injury to persons

or property, any invasion of other private rights, or any infringement of state or local laws or regulations.

8. This permit shall inure to the record owner of the Subject Property and to the permit applicant (Waters Septic Tank

Service) and shall run with the land. This permit, subject to its terms and conditions, may be transferred by the permit

holder, its successors, heirs or assigns. The record owner may lease the land; however, the record owner is ultimately

responsible for compliance with permit regulations. Any/all transfers of S.U.P. 2007-056 & 058 shall be advised in

51

writing by certified mail to Storey County Planning Department, P.O. Box 526, Virginia City, NV 89440, 90 days

prior to assignee taking over operation of facility.

9. This permit incorporates by reference the standards, objectives, conditions, terms and requirements of the

operating plan, safety plan, training plan, waste management plan, and closure plan, to be submitted separately from

this permit. The requirements of all submitted plans become part of this special use permit as ongoing, updateable

working documents.

10. The permit holder warrants that the future use of land will conform to the requirements of the County of Storey,

State of Nevada, and applicable federal regulatory and legal requirements for a storage and de-watering facility;

further, the permit holder warrants that continued and future use of the land shall so conform. The permit holder, its

assigns, heirs or successors, agrees to hold the county, its officers, and representatives harmless from the costs

associated with any environmental damage, environmental liability, and any/all other claims now existing or which

may occur as a result of this special use permit.

11. The permit holder, as well as its assigns, heirs or successors, shall provide proof of insurance to Storey County

and maintain a satisfactory liability insurance for all aspects of this operation under Special Use Permit # 2007-062

for a minimum amount of $5,000,000.00 (five million dollars).

12. The permit holder shall submit MSDS and pertinent safety information for further review.

13. The permit holder will be subject to all further requirements established by Storey County ordinance and any

other applicable codes or regulations after further review of project plans.

14. In the event that the use authorized by this special use permit is abandoned for a period of more than twenty-four

(24) calendar months from the date of last producing operations, this permit shall become null and void and a new

special use permit shall be required. In the event of a force majeure such as and not limited to a flood, damage or

destruction of the access to the site, earthquake, or other events beyond the control of the county or permit holder, the

period of abandonment shall not be deemed to commence until such time as the permit holder may be found to once

again have reasonable access to the site. In this connection, the permit holder shall reasonably attempt to establish

access to the site

15. This permit shall remain valid as long as the permit holder, its heirs, assigns, or successors remain in compliance

with the terms of this permit and county, state and federal regulations.

16. In the event that the permit lapses or the use is discontinued or abandoned, the permit holder, its heirs, assigns

or successors shall remain responsible for environmental monitoring and post-closure maintenance.

17. The permit holder shall be responsible for the cost for the closure of this facility as permitted under Special Use

Permit number 2007-056 & 058. Complete closure shall consist of providing reclamation that would eliminate any

hazardous or environmental damage to the existing site or adjacent areas contaminated by operations.

18. Should any prehistoric or historic remains/artifacts be discovered during development or excavation, work shall

temporarily be halted at the specific site of the discovery, and the Storey County Board of Commissioners shall be

notified in order to evaluate said site and, if deemed necessary, to record and photograph the site in question. The

period of temporary delay shall be limited to a maximum of two working days from the date of notification, unless it

is a significant find and it is deemed necessary to provide more time to evaluate and protect historical remains or

artifacts. Please call 847-0968.

19. The permit holder shall provide a ‘Will Serve’ letter from TRI G.I.D. to Storey County Building & Planning for

the necessary water and sewer to operate the facility.

20. The permit holder shall provide and obtain approval on all improvements from TRI Architectural Committee.

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B. ENVIRONMENTAL MONITORING AND PUBLIC HEALTH AND SAFETY:

1. The permit holder shall continuously conform to the requirements of this special use permit and the submitted

plans that are incorporated as part of this permit.

2. Before the operation of a Waters Septic Tank Service commences, the permit holder shall submit to the county a

copy of the environmental monitoring requirements applicable to the facility under the environmental permits issued

for the facility. The permit holder shall include storm water management measures on its site plan which shall be

submitted to Storey County Building & Planning for approval.

3. Air emissions from the facility shall meet the Nevada Division of Environmental Protection permit requirements.

Copies of the annual reports of environmental quality, necessary to comply with the requirements of the permit issued

by the Bureau of Air Pollution Control, Nevada Division of Environmental Protection shall be submitted to Storey

County Building & Planning Department. In the event that there is an air discharge in excess of the standards approved

by NDEP under the construction or operating permit, the permit holder shall provide Storey County Building &

Planning a copy of any notice of the event or plan to remediate the event submitted to NDEP. If the permit holder is

required by the Bureau of Air Pollution Control, Nevada Division of Environmental Protection to prepare a report on

the event, the permit holder shall submit a copy of the report to Storey County Building & Planning.

4. Noise monitoring: The permit holder must submit test results to prove that the noise level of operations are in

compliance with Storey County Code, “Chapter 8.04.020 Restrictions”, which reads as follows:

A. It is unlawful for any person to make, or cause to be made any loud, unnecessary or unusual noise which annoys,

disturbs, injures or endangers the comfort, repose, health, peace or safety of others.

B. The following acts, as delineated in Section 8.04.030, but not limited thereto, shall be subject to measure as

shown in the table in this subsection.

1. The maximum sound pressure level radiated by any use or facility when measured at each boundary line

shall not exceed these values:

Octave Band Range in Sound Pressure Level in

Cycles per Second Decibels – 0.0002 Dyne per Cm.2

500 -- 1800 84

2. Sound pressure level shall be measured with a sound level meter conforming to standards prescribed by the

American Standards Association including any subsequent amendment or approved revision thereof.

C. No provision of this section shall be held to apply to aircraft operation or temporary construction work. (Ord.

75A §§1, 2, 3, 1985; Ord. 75B §§1, 2, 1985)*

5. All process drains around each unit and site drainage shall be designed to prevent the discharge of oils to the

sewer and or storm drain systems. All site drainage shall be designed as not to adversely impact surrounding

property owners.

6. Any hydrocarbon or environmental spill incidents required to be reported under Nevada law shall be immediately

reported to Storey County Building & Planning and Nevada Division of Environmental Protection (NDEP). The

permit holder shall comply with the NDEP’s clean-up requirements and provide Storey County a copy of NDEP’s

completion of remediation.

Approval for Special Use Permit, # 2007-056 & 058, is hereby granted with stipulations as noted above.

________________________________

Dean Haymore

Building Official & Planning Administrator

53

STATE of _____________________________)

) SS:

COUNTY of _____________________________)

On this ______ day of __________________ in the year 200__, __________________________

personally appeared before me and proved to me on the basis of satisfactory evidence to be the person

whose name is subscribed to this instrument, and acknowledge they executed it.

Witness by my hand and official seal:

____________________________________

_

Notary’s Signature

Commission expires:

___________________

ACCEPTANCE

The terms and conditions of this Confirmation of Special Use Permit #2007-056 & 058 are accepted by Waters

Septic Tank Service the applicant for which this permit is issued.

________________________________________ ______________________________

Kurt O. Hunsberger, Esq. Date

Legal Representative

STATE of _____________________________)

) SS:

COUNTY of _____________________________)

On this ______ day of __________________ in the year 200__, __________________________

personally appeared before me and proved to me on the basis of satisfactory evidence to be the person(s)

whose names are subscribed to this instrument, and acknowledge they executed it.

Witness by my hand and official seal:

_______________________________________

Notary’s Signature

My commission expires:

___________________

54

Appendix E: Special Use Permit 2009-010 (Keeping Nevada Green) November 19, 2008

Keeping Nevada Green Troy Regas

% 8080 Tres Arroyos 8080 Tres Arroyos

Sparks, NV 89436 Sparks, NV 89436

Re: Special Use Permit Application # 2009-010

Dear Applicants:

On October 2, 2008, the Storey County Planning Commission heard your application request for a Special Use Permit

to operate a recycling operation on APN 004-111-27. The Planning Commission recommended approval with the

following condition:

1. The project shall comply with all applicable State Statutes and County ordinances, plans, reports,

materials, etc., as submitted. In the event of a conflict between said plans, reports, materials and

County ordinances, County ordinances in effect at the time the building permit is applied for, shall

prevail.

2. The applicant shall apply for all building and fire permits for the project within twelve (12) months

from the date of final approval, and continuously maintain the validity of those permits, or this

approval shall be null and void.

3. All sides of the salvage yard shall be screened from public view by no less than an eight-foot solid

barrier (screening device) such as a fence, wall, building, or other solid barrier.

4. The screening device shall be built of non-reflective and no wood materials and be painted or

otherwise coated with a color that fosters blending with natural surrounding environment.

5. All screening devices must be built to withstand sustaining 100 mile-per-hour winds and other

climatic conditions common to the region.

6. A landscaping plan shall be submitted before any construction takes place. Landscaping, including

an abundance of large and dense foliage evergreen trees, shrubbery, and ground cover, shall aid in

the screening of the premises from public view. Landscaping of this nature shall surround the entire

premises. Failure to irrigate and maintain landscaping in accordance with the plan shall be in

violation of the Special Use Permit. In addition, the Storey County Building Official shall reserve

the right to require reasonable landscaping changes and/or additions throughout the development

process.

7. Salvage yard shall contain an on-premises office or area where business license and Material Safety

Data Sheets (MSDS) can be posted and ready for review by Storey County Fire Department. An

emergency / fire plan shall be approved by Storey County Fire Department. The applicant shall

complete a Nevada Hazardous Materials form and obtain appropriate permits from the State of

Nevada Fire Marshall’s Office.

8. Fire suppression implements shall be in conformance with Storey County Fire Code, National Fire

Protection Association, and International Fire Code (as amended). They shall include, but not be

limited to, fire hydrants, required fire flows, and necessary water supply for fire protection.

9. The premises shall facilitate sufficient hard surface area for County fire equipment staging,

operation, maneuvering, turning, and exiting.

10. A legible sign shall be placed at entry of the premises stating name of company, street address and

number, contact phone number(s), emergency department contact(s), and hours of operation. Sign

shall be at least 2 feet by 3 feet in size. Advertisements of any type are prohibited on fences and/or

screening devices.

11. Access to salvage yard shall be secured by mechanical means, such as a solid gate, and shall be

easily accessible by emergency personnel and equipment. A Knox Box shall be supplied and

installed by the applicant.

55

12. No material may be piled or stacked higher than the screening device.

13. Loading, off-loading, and temporary storage of all receiving materials shall be within salvage yard

premises, behind screening device, and completely off of public road right-of-ways.

14. No material or machinery may be stored outside the screening device or on roads, including Peri

Ranch Road, and throughways, or other public right-of-ways; inclusive of non public-right-of-

ways that provide for emergency ingress and/or egress.

15. All dismantling of automobiles and/or other types of vehicles shall be done outside of public view

and inside an enclosed building.

16. Structures where dismantling, fluid drainage, and/or temporary storage of fluid take place shall

have an impermeable membrane beneath a concrete floor.

17. At no time shall there be Tier II Hazardous Materials stored on premises.

18. There shall include a secondary containment system of retention curbing, which must retain no

less than 150% of all fluids on premises and such shall be graded so that all runoff and/or fluid

spills collect in one central basin. There shall also include a fluid recovery system, consisting of a

sump pit and sump pump at the lowest portion of the retention basin and there shall be a fluid

recovery storage system which can hold no less than 150% of total fluids stored on premises.

19. The applicant shall submit to the Planning Commission at time of Special Use Permit an hours of

operation schedule.

20. At no time shall burning of tires, batteries, insulated wire, or any other substance be permitted. In

addition, “hot-work” (i.e. acetylene cutting torch) shall be permitted by the Storey County Fire

Department.

21. All nighttime lighting on property, including on buildings, structures, fences, poles, etc., shall

conform to the “night-skies” ordinances of Storey County zoning and shall be directed away from

neighboring properties.

22. Proper measures shall be taken by all licensees to control dust originating on the premises on

which said salvage yard business is operated or conducted.

23. No vehicular entry/exit to said project shall be through Lockwood, Rainbow Bend, or any other

road to or from the West. All vehicles traveling to and from the said project shall enter and exit to

the east on East Mustang Road.

24. Licensee shall be responsible to take measures to assure the property remains rat and vermin free.

25. There shall be no more than a maximum of 84 dBA of noise at applicant’s property line during

operation hours.

26. To assure compliance with all requirements of the Special Use Permit, there shall be at least one

(1) semi-annual inspection of licensed salvage yard by the Building Official during the first year

of licensure (licensee to pay for special inspection fee), and there shall be at least one annual

inspection of premises by the Building Official each year thereafter (applicant to pay special

inspection fee). This is in addition to the statutory responsibility for the Storey County Fire

Department conduct annual inspections.

27. All fees required by the Building Department, Fire Marshall, and emergency/fire protection services

to cover cost of considering license applications, examining site plans, conducting inspections, and

issuing salvage yard licenses shall be paid by licensee and collected at the time of license issuance.

28. Sellers’ personal identification record and received materials record shall be logged in order of time

and date received, kept bound in an organized fashion, stored in an on-site office building for a

period of no less than two years, and available for immediate and unannounced review by State

agencies and County Sheriff’s Department. The County Building Official, Fire Marshal, Sheriff,

and/or Nevada State Department of Motor Vehicles shall have the authority to enter upon and

inspect the salvage yard and office records when the County has probable cause to believe that the

premises contains a stolen vehicle or other illegal material and/or that a violation to any or all

provisions exists. The authority includes the right to make a pictorial and/or written record of any

56

junk and/or other materials on the property and to measure the extent of the violation. The County

Sheriff shall assist with this inspection upon request.

29. Licensee shall conform to all regulations set fort in Nevada Revised Statutes 487 and 647 as well

as any other Statutes regulating ownership and operations of wrecking/salvage yards.

30. Licensee shall submit to the County Building Official a detailed plan for post-closure clean up of

all spilled fluids, hydrocarbons, and otherwise contaminated soils and/or ground. Post-closure

clean up shall take place prior to vacating premises and shall encompass a period of no longer than

6 months. Financial responsibility for post-closure clean up, and the plan thereof, shall rest on the

licensee.

31. Licensee shall gather and record the following information from the seller of scrap metal or

automobile/vehicle:

a. Name, address, photo identification or driver license number,

b. delivery vehicle’s description, make, model, and license plate state and number,

c. VIN number and description of any salvage vehicle received,

d. Type, nature, and quantity of all recyclable materials brought forth.

Sellers who bring forth suspicious material and/or vehicles (large spools of new wire, cut or whole

manhole covers, highway guard railings, new home fixtures, other material not readily available to

the public, stolen vehicles) shall be reported to the Sheriff’s Department.

32. Licensee shall maintain an insurance policy in the minimum amount of $1,000,000 (One Million

Dollars) with Storey County named as the “Additional Insured”.

33. Approachment(s) shall be paved from the edge of East Mustang Road to a point at least 110 feed

from East Mustang Road to prevent mud and dirt from being tracked onto the public roadway.

On October 21, 2008, the Storey County Board of Commissioners gave final approval for the Special Use Permit

Application 2009-010. If you have any questions, please contact the Planning office at 775-847-0966.

________________________________

Dean Haymore

Building Official & Planning Administrator

STATE of _____________________________)

) SS:

COUNTY of _____________________________)

On this ______ day of __________________ in the year 200__, __________________________

personally appeared before me and proved to me on the basis of satisfactory evidence to be the person

whose name is subscribed to this instrument, and acknowledge they executed it.

Witness by my hand and official seal:

____________________________________

_ Notary’s Signature

ACCEPTANCE

The terms and conditions of this Confirmation of Special Use Permit #2009-010 are accepted by Troy Regas the

property owner for which this permit is issued.

________________________________________ ______________________________

Troy Regas Date

57

STATE of _____________________________)

) SS:

COUNTY of _____________________________)

On this ______ day of __________________ in the year 200__, __________________________

personally appeared before me and proved to me on the basis of satisfactory evidence to be the person(s)

whose names are subscribed to this instrument, and acknowledge they executed it.

Witness by my hand and official seal:

_______________________________________ Notary’s Signature

ACCEPTANCE

The terms and conditions of this Confirmation of Special Use Permit #2009-010 are accepted by Keeping

Nevada Green the applicant for which this permit is issued.

________________________________________ ______________________________

Keeping Nevada Green Date

STATE of _____________________________)

) SS:

COUNTY of _____________________________)

On this ______ day of __________________ in the year 200__, __________________________

personally appeared before me and proved to me on the basis of satisfactory evidence to be the person(s)

whose names are subscribed to this instrument, and acknowledge they executed it.

Witness by my hand and official seal:

_______________________________________ Notary’s Signature

cc: Building Department Files

Sheriff Department

Fire Department

58

Appendix F: Special Use Permit 2009-034-A-1-2014 (Fulcrum Sierra BioFuels)

APPENDIX G: Nevada Department of Environmental Protection (NDEP) Lockwood Regional Landfill Fact Sheet