Greater Crofton Council Educational Forum Solid Waste Management

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Greater Crofton CouncilEducational ForumSolid
Waste Management

• June 28, 2005

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Guests

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

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Agenda

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

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The Halle Companies

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

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Chesapeake Terrace Rubble Landfill Chronology

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

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Chesapeake Terrace Rubble Landfill Chronology
(contd)

• 1994
• MDE suspended reviewing the permit application
  pending receipt from Anne Arundel County of a
  written statement of conformance
• Anne Arundel County Circuit Court reversed the
  Board of Appeals approval of the special
  exception and variance.
• 1995
• The Maryland Court of Appeals reversed the
  Circuit Court upholding the Board of Appeals
  decision as justifiable.

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Chesapeake Terrace Rubble Landfill Chronology
(contd)

• 1996
• Halle filed a seven-count complaint against the
  County in Circuit Court
• Halle filed a motion for summary judgment
  requesting the court order the County to include
  the landfill in its SWMP
• 1997
• Circuit Court denied Countys motion and granted
  partial summary judgment to Halle.
• County filed a motion in Circuit Court to revise
  the order. The Circuit Court denied the Countys
  motions.
• The County petitioned the Maryland Court of
  Special Appeals to stay the order.
• Halle filed a petition for contempt against the
  County.
• The Court of Special Appeals denied the Countys
  request.

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Chesapeake Terrace Rubble Landfill Chronology
(contd)

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

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Chesapeake Terrace Rubble Landfill Chronology
(contd)

• 1998
• The Court of Special Appeals affirmed the March
  26, 1997 order.
• The Court of Special Appeals issued an opinion
  affirming the finding of contempt against the
  County.
• 2000
• The Court of Special Appeals found that Halles
  special exception had not expired.
• 2004
• County extended the special exception for 2
  years.
• 2005
• MDE approved Phase II application.
• Phase III application submitted to MDE.

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Special Exception

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

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Special Exception (contd)

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

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Questions?