Boone County Landfill Capacity Assurance

On behalf of the Northern Kentucky Solid Waste Management Area, the Boone County Fiscal Court is requesting proposals from qualified vendors or firms for the provision of capacity for disposal of municipal solid wastes generated within the Northern Kentucky Solid Waste Management Area, for a period of twenty (20) years.

Consistent with the ruling of the state Supreme Court in BFI Waste Sys. of N. Am., Inc. v. Huntington Woods Neighborhood Ass’n., Ky. App. 134 S.W.3d 624 (2004), the entry by a local government into a Host Community Agreement, and an agreement to amend a solid waste management plan to include capacity in an Area Solid Waste Management Plan for waste generated in (and/or) out of the solid waste management area, is considered to be a franchise or privilege. Thus, consistent with Section 164 of the Kentucky Constitution, Boone County on behalf of the Northern Kentucky Solid Waste Management Area herewith provides public notice that it will receive sealed proposals for the provision of assured capacity within or outside of the Northern Kentucky Solid Waste Management Area for disposal of municipal solid waste generated in the Northern Kentucky Solid Waste Management Area for a twenty (20) year period, until close of business on thirty (30) days after publication of this notice.

The NKSWMA governing body has determined that the interests of its citizens are best served by seeking public comment on whether or not the current solid waste management plan should be amended in order to authorize up to 37,722,423 tons of additional disposal capacity that would be available for an expansion of the Bavarian Boone County Landfill. Concurrently with this Request for Proposals, public notice has been published opening a public comment period on those options.

The NKSWMA governing body believes that, in the event that the determination is made after the public comment period, to authorize such new capacity for future municipal solid waste disposal within the area, the best interests of the public and environment of the area, and the mutual interests of the NKSWMA and any private or public entity constructing or operating a landfill, are best served by adoption of a “Host Agreement” through which the mutual obligations of the host county and facility are outlined, including but not limited to such matters as limitations on operation; assessment of fees; controls on rates, odor, traffic, and types of waste acceptance; financial assurance; and closure and post-closure care. Towards that end, the NKSWMA has developed a Model Host Agreement that will form the basis of discussions on the option of authorizing new capacity for future municipal solid waste disposal in the Northern Kentucky Solid Waste Management Area Solid Waste Management Plan. Any applicant submitting a proposal to construct or expand, and to operate a municipal solid waste disposal facility for the Northern Kentucky Solid Waste Management Area should address the extent to which the applicant will accept provisions that are the same or similar to those in the Model Host Agreement or propose comparable provisions to assure equivalent or better protection of the health, safety and environment of area residents.

All negotiations regarding the final Host Agreement will be conducted solely between the winning offeror and the County in which the offeror plans to accommodate the disposal of municipal solid waste from NKSWMA.