2008 ANNUAL REPORT AND CONSULTING ENGINEERS CERTIFICATION FOR

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					2008 ANNUAL REPORT AND
CONSULTING ENGINEERS CERTIFICATION
FOR ATLANTIC COUNTY UTILITIES AUTHORTIY
SOLID WASTE FACILITIES



Prepared for:




Atlantic County Utilities Authority
P.O. Box 996
Pleasantville, NJ 08232-0996




Prepared by




200 Horizon Center Blvd.
Trenton, NJ 08691
609- 584-8900
609- 689-1771 fax



June 25, 2009


Project 134667.01000000
                       Closure and Post-Closure Plan Update
                                  ACUA Landfill



The material and data in this report were prepared under the supervision and direction of
the undersigned.



                                            Shaw Environmental, Inc.




                                            George H. Barstar, PE
                                            Senior Project Manager
TABLE OF CONTENTS ________________________________________________________

CERTIFICATION AND OPINION LETTER ...............…………………………………………………1

EXECUTIVE SUMMARY ........................................................................................................... 0.1

1.0      INTRODUCTION............................................................................................................ 1.1

         1.1       Responsibilities of the Consulting Engineer ....................................................... 1.1
         1.2       Project Background ............................................................................................ 1.1

2.0      COVENANTS OF THE AUTHORITY ............................................................................. 2.1

         2.1       Rate Covenant ................................................................................................... 2.1
         2.2       Waste Flow Enforcement (Flow Control Covenant) ........................................... 2.1
         2.3       Service Covenant ............................................................................................... 2.2


3.0      SOLID WASTE MANAGEMENT SYSTEM LOADING ................................................... 3.1
         3.1   Waste Flow Control ............................................................................................ 3.2
         3.2   Waste Quantities ................................................................................................ 3.6
               3.2.1 Municipal Solid Waste ............................................................................ 3.7
               3.2.2 Bulky and Industrial Waste ..................................................................... 3.7


4.0      SOLID WASTE MANAGEMENT SYSTEM COMPONENTS.......................................... 4.1

         4.1       Description of System Components ................................................................... 4.1
                   4.1.1 Transfer Station and Bulky Waste Recycling Center.............................. 4.1
                   4.1.2 Landfill .................................................................................................... 4.2
                   4.1.3 Recycling Center and Collection .......................................................... 4.10
                   4.1.4 Composting Facility .............................................................................. 4.11
                   4.1.5 Maintenance Center ............................................................................. 4.12
                   4.1.6 Mainland Administration Building (GEO Building) ................................ 4.13
         4.2       Capital Programs and Expenditures................................................................. 4.13
                   4.2.1 Transfer Station and Bulky Waste Recycling Center............................ 4.13
                   4.2.2 Recycling Center and Collection .......................................................... 4.15
                   4.2.3 Composting Facility .............................................................................. 4.15
                   4.2.4 Landfill .................................................................................................. 4.15
                   4.2.5 Maintenance Center/Miscellaneous ..................................................... 4.18
         4.3       Inspection of System Components................................................................... 4.20
                   4.3.1 Transfer Station and Bulky Waste Recycling Center............................ 4.20
                   4.3.2 Landfill .................................................................................................. 4.23
                   4.3.3 Recycling Center and Collection .......................................................... 4.30
                   4.3.4 Composting Facility .............................................................................. 4.31
                   4.3.5 Maintenance Center ............................................................................. 4.33
                   4.3.6 Mainland Administration Building (GEO Building) ................................ 4.35
                   4.3.7 Scale House ......................................................................................... 4.35
         4.4       Liability Insurance............................................................................................. 4.36

                                                                   i
TABLE OF CONTENTS (continued) ______________________________________________

5.0       COST EFFICIENCY....................................................................................................... 5.1


6.0       COST OF SYSTEM OPERATION ................................................................................. 6.1

          6.1       Operating Expenses........................................................................................... 6.1
          6.2       Debt Service....................................................................................................... 6.1
          6.3       Renewal and Replacement Fund ....................................................................... 6.3


7.0       GENERATION OF REVENUE ....................................................................................... 7.1

          7.1       Tipping Fees....................................................................................................... 7.1
          7.2       Collections and Product Sales ........................................................................... 7.1
          7.3       Interest Income................................................................................................... 7.1
          7.4       Other Sources of Revenue................................................................................. 7.1


8.0       CONCLUSIONS............................................................................................................. 8.1


LIST OF TABLES _____________________________________________________________


Table 1 NJDEP Solid Waste Classifications and Definitions .................................................... 3.1

Table 2 Collection Performed by Atlantic County Utilities Authority.......................................... 3.4

Table 3 Tipping Fees as of May 1, 2009 for Regional Facilities ............................................... 3.6

Table 4 Solid Waste Management System Quantities.............................................................. 3.8

Table 5 Airspace Capacity by Cell ............................................................................................ 4.5

Table 6 Landfill Construction and Remaining Capacity ............................................................ 4.6

Table 7 Landfill Gas Generation (2008-2014) ........................................................................ 4.10

Table 8 Capital Improvement Plan (2008-2014) .................................................................... 4.14

Table 9 Accrued Closure Liability for Year Ending December 31, 2008................................. 4.19

Table 10 Landfill Utilization Ratios for 1992 through 2008 ....................................................... 5.2

Table 11 Cover Soil Usage ....................................................................................................... 5.3

Table 12 Expenses and Revenues ........................................................................................... 6.2


                                                                    ii
LIST OF FIGURES ____________________________________________________________

Figure 1 Type 12 and 13C Quantities ……………………………………………………………….3.3

Figure 2 NJDEP May 2008 Expansion Final Grading Plan...................................................... 4.3

Figure 3 Landfill Gas Recovery 2004-2008 .............................................................................. 4.9

Figure 4 Recycling Center Cost Comparison............................................................................ 5.4

LIST OF APPENDICES_________________________________________________________

Appendix I        Certificate of Insurance

Appendix II       Information provided by the Authority and Assumptions Used




                                                            iii
June 25, 2009

Mr. Gary Conover
Director of Solid Waste
Atlantic County Utilities Authority
6700 Delilah Road
Egg harbor Township, NJ 08232

Dear Mr. Conover:
                                                2008 Consulting Engineer’s Report and Certification
                                                Atlantic County Utilities Authority

Shaw Environmental, Inc. (Shaw) is pleased to present our Consulting Engineer’s Report and this Certification
on certain engineering and financing aspects of the Atlantic County Utilities Authority (Authority). The
purpose of this Consulting Engineer’s Report is to present the results of our studies and investigation
regarding the Solid Waste System Revenue Bonds (1992 Bonds) issued by the Atlantic County Utilities
Authority on January 23, 1992 and the scope of work contained in our proposal of November 5, 2008.
During the preparation of this report we have made certain assumptions and judgments based upon our
experience and the information made available to us concerning the Authority’s Solid Waste System
which are set forth in Appendix II.

Shaw conducted visual inspections of the Howard H. Haneman Environmental Park on January 5 and
March 23, 2009. Shaw inspected and performed an evaluation of the solid waste complex facilities during
operating hours. These facilities included the Transfer Station and Bulky Waste Recycling Center,
Landfill, Recycling Center, Composting Facility, Scale House, Maintenance Center and Administration
Building.

Based on Shaw’s experience, our inspection, the information made available to us by the Authority, and
the assumptions contained in Appendix II, we are of the opinion that:

1.     The Authority has operated and maintained the solid waste complex facilities in accordance with
       generally accepted practices and standards for efficiency within the solid waste industry.

2.     The Authority possesses valid permits from the New Jersey Department of Environmental
       Protection (NJDEP). This includes the expansion permit issued May 20, 2008 and minor permit
       modification for closing part of the landfill in 2009 issued May 13 2009. The projected life of this
       expansion, contingent on renewal of the permit every five years, extends beyond the completion of
       1992 Bonds’ payment schedule.

3.     The Authority has operated the complex in substantial compliance with those permits, with the
       exception of certain air quality program requirements. Prior year contested violations and

-
                                             200 Horizon Center Blvd
                                                Trenton, NJ 08691
                                          609.584.8900, 609.689.7771 fax
Mr. Gary Conover
June 10, 2008
Page 2



        violations in 2007 of the Authority’s air quality program permits have been addressed. The
        Authority resolved the prior contested notices of violation of its air quality permit and into an
        administrative consent order in December 2007. All assessed penalties have paid and the
        Authority is in compliance with mitigation measures and schedule in the administrative consent
        order. There were no notices of violation with respect to the Authority’s solid waste permit.

4.      The system improvement requirements (capital program plan) has sufficient funding allocated to
        facilitate construction and capital replacement of the landfill and other system facilities consistent
        with the existing permit and anticipated changes to the waste loading and landfill design, resulting
        from the landfill being the sole receptor of municipal waste (NJDEP Type 10) entering the system.
        This includes $6,827,368 allocated for 2009 and $6,451,885 allocated for 2010 (2009 dollars) and
        is exclusive of debt service. Funds escrowed as of December 31, 2008 and budgeted annual
        renewal and replacement (capital program plan) fund contributions are sufficient to meet this
        obligation. These funds appear reasonable and necessary and are consistent with the authority’s
        anticipated incoming waste quantities.

5.      The 2008 budgets for the system components were sufficient to operate and maintain the
        respective components consistent with generally accepted practices in the industry and the landfill
        equipment and transfer station equipment budgets appear reasonable and appropriate consistent
        with generally accepted practices in the industry. The Authority took appropriate steps to adjust
        the operating budget consistent with the revenue shortfall experienced from lower waste quantities
        and depressed recycled product prices.

6.      Each of the facilities has the capacity to meet the Authority’s projected waste flows. In the event
        the waste flows exceed projections, the tips fees allocate funding to capital and operations funds
        may be adjusted to accommodate accelerated construction and operational and maintenance
        expenses. The Authority has entered into agreements with two solid waste facilities to allow for
        acceptance of peak waste flows within its service area while maintaining uniform work force and
        conserving landfill capacity. However, in 2008 the market conditions were such that the diversion
        of waste quantities was limited and the diversion of municipal waste was ended in 2008.

7.      Funding has been sufficiently appropriated by the Authority for landfill cell construction,
        operating expenses, non-operating expenses, and equipment repair and replacement for the year
        2009. The budget includes reasonable estimates of expenses and revenues for facilities of this type
        and is consistent with industry standards.

8.      The Authority has demonstrated a continued commitment to reducing costs and perusing
        additional revenue increasing revenues for each of the system’s facilities consistent with generally
        accepted practices within the industry. The Authority has responded to changes in market
        conditions experienced in 2008 and 2009 with respect to incoming waste quantities, energy costs
        and revenue for recycled products. These market conditions have similarly impacted other private
        and public waste handling operations. Measures instituted in 2008 included adjusting the recycling
        collection and processing to single stream. This has resulted in staffing and operational cost
        reductions in the material processing center as well as added efficiency in recycling collections.
        Other measures include continuing enhancements to the landfill gas to energy system to achieve
Mr. Gary Conover
June 10, 2008
Page 3



        additional revenues, the selling of landfill gas related carbon credits through the Chicago Climate
        Exchange, the continuous weekday operations of the landfill to reduce the need for daily cover,
        scheduling routine maintenance of the recycling plan to non-operational shift to reduce down time,
        and diverting waste during peak summer months to reduce the need for seasonal staffing for
        landfill operations. Previous reductions in soil usable for landfill cover were not realized in 2008,
        with almost 31% of the utilized capacity taken up by clean soil. This was due in large part to the
        operational considerations in filling in the sideslopes and plateau areas to receive the final cap in
        2009. The Authority should continue its pursuit of cost savings measures and increased efficiency
        operation of the Solid Waste System.

9.      The Authority has demonstrated its commitment to explore and implement innovative operations
        and technologies to increase the overall long term efficiency and optimization of the landfill and
        other solid waste components, including leachate recirculation, use of mechanically stabilized
        earth walls in the contemplated expansion and use of alternative cover materials. The Authority
        has also looked at alternative technologies to disposal for diversion of waste to extend the life of
        the landfill.

10.     The system components have functioned in conformance with established preventative and
        emergency maintenance procedures.

11.     The Authority has engaged in prudent planning in pursuing the contemplated expansion of the
        landfill embracing resent developments in landfill design to maximize the capacity given the
        regulatory siting constraints of an expansion of the landfill. The Authority has also engaged in
        exploring alternative technologies to disposal of various waste stream components as part of its
        long term planning.

12.     The Authority has received sufficient revenue in 2008 to meet its debt service obligations and is
        anticipated to receive sufficient revenue in 2009. Continued state aid in the amount of $5.6
        million per year is relied upon by the Authority to meet its operating, capital and debt service
        obligations.

13.     The issuance of the expansion permit has resulted in a decrease of closure and post closure care
        liability accrual as it is based on the fraction of total permitted airspace consumed. The closure
        and post closure care funds (NJDEP administered Closure and Post-closure Reserve Fund and
        Authority Closure Renewal and Replacement Fund) is, using the December 31, 2008 balance and
        airspace consumption adequately funded in accordance with GASB 18. In 2009, the Authority has
        received approval from NJDEP install final cover over approximately 21 acres. This work is
        scheduled for 2009 and, once completed, will result in a decrease of closure and post closure care
        liability by the allocated closure costs for that portion of the landfill.

Additionally, the following recommendations are provided for action by the Authority:

1.      Make application for the renewal of the solid waste permit prior to July 3, 2009.
Mr. Gary Conover
June 10, 2008
Page 4



2.      Continue monitor the use of landfill cover soils, including contaminated soil used as “landfill
        amendment,” and continue to pursue use of alternative daily cover systems, including the presently
        used tarps, crushed glass cullet and construction/demolition waste to achieve the goal of cover soil
        not exceeding 15 percent of landfill volume.

3.      Continue the program of modernizing and updating the non-landfill portions of the infrastructure.

4.      Continue the Authority’s exploration of innovation to conserve landfill airspace while aggressive
        planning for expanding services while conserving landfill airspace.

5.      Continue to monitor the production of gas and implement incremental gas collection and track
        when additional gas collection will be required. Ensure that ACLE, the gas to electricity system
        vendor, has sufficient generating capacity to utilize the gas being generated. Track the progress of
        NJDEP air permitting by ACLE to provide for expansion of the system so that permitting is in
        place prior to the need additional gas combustion engines.

6.      Obtain a minor permit modification for the planned solar panel project for the areas to be closed in
        2009.

7.      Continue to increase efficiency and innovation in optimizing revenue given that New Jersey has
        indicated that it may limit its debt subsidy after 2009.

Shaw Environmental, Inc. appreciates the opportunity to provide this report and certification to the
Authority. We are available to answer questions you may have concerning this matter.

                                             Very truly yours,

                                  SHAW ENVIRONMENTAL, INC.



                                    GEORGE H. BARSTAR, P.E.
                                     CERTIFYING ENGINEER
                                PROFESSIONAL ENGINEER No. 33115




                                                   (SEAL)

GHB:ghb
EXECUTIVE SUMMARY

On March 3, 1990, the New Jersey Department of Environmental Protection (NJDEP) and the Board
of Public Utilities (BPU) issued an Emergency Redirection Order of Solid Waste Flows that directed
all non-recyclable solid waste generated in Atlantic County to the Atlantic County Utilities Authority
(the Authority or ACUA). In 1992, the Authority issued the Solid Waste System Revenue Bonds in
order to finance the future development of each of the Solid Waste facilities (the System), detailed in
Section 4.0. Various bond covenants were adopted to ensure the proper construction, operation,
maintenance, and finance of the solid waste system. The Rate Covenant requires the Authority to
collect service charges (tipping fees) in order to fund system operations. In compliance with the Flow
Control Covenant, the Authority obtained the legal power to enforce the delivery of non-recyclable
solid waste generated in Atlantic County to its System. The Service Covenant requires the Authority
to properly manage all solid waste and recyclable materials delivered to the System through prudent
practices and appropriate technologies.

In response to the BPU and NJDEP directives, the ACUA entered into agreements with various New
Jersey counties to provide revenues and ensure disposal. The collapse of the waste flow control
regulations rendered these agreements ineffective for controlling waste flow and revenue and the
ACUA was faced with the opportunity and challenge to enter the competitive solid waste disposal
market to capture waste flow as market share. The ACUA has responded by reducing costs and
prices, entering the collection market, and building a growth plan.

In accordance with the bond resolutions and as ACUA’s Consulting Engineer, Shaw Environmental,
Inc., conducted a visual inspection of the Atlantic County Utilities Authority Environmental Park on
January 5 and March 23, 2009. Included was the inspection and evaluation of the solid waste
complex facilities and their associated operations. These facilities include the Transfer Station and
Bulky Waste Recycling Center, Landfill, Recycling Center, Composting Facility, Scale House,
Maintenance Center, and Administration Building. Deficiencies noted in the January 5 observations
were resolved prior to the March 23, 2009 reinspection. The ACUA complex is efficiently operated
and properly maintained in accordance with generally accepted standards within the solid waste
industry.

Based on current information provided by the Authority and projected information calculated by Shaw
Environmental, Inc., the Authority’s long-term solid waste management plan was evaluated according
to system waste loadings, operational revenues and expenses, cost efficiency, and capital programs
and expenditures. Each of the facilities has the capacity to meet the future growth of Atlantic County
based on the Authority’s growth projections. Funding is sufficiently appropriated for operating and
non-operating expenses, and equipment repair and replacement and capital construction expenses
based on reasonable budget assumptions. The Authority has demonstrated a continuing commitment
to improving cost efficiency and increasing revenues for each of the System’s facilities without a loss
in performance or customer service. In its planning, the Authority has taken into account the potential
for the curtailment of the state of New Jersey’s contribution in 2009 and beyond.

All applicable permits and insurance needed for solid waste complex operation compliance are up-to-
date and maintained at the ACUA. The Authority, on May 20, 2008, received its solid waste facility
major permit modification which will extend the landfill life beyond the final payment of the 1992 series
bonds. This includes capturing the airspace gained by prior permit modifications, extending the
projected life of the facility, based on the Authorities incoming waste and operational assumptions, to
2028. Prior year regulatory violations have been addressed and the Authority is in compliance with its
requirements with it administrative consent order for Air Quality permitting. There are no outstanding
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compliance issues with respect to permits.




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1.0      INTRODUCTION

1.1      Responsibilities of the Consulting Engineer

This report has been prepared pursuant to Article VI, Section 6.02 of the Covenant for Solid Waste
System Revenue Bonds (1992 Bonds) issued by the Atlantic County Utilities Authority (Authority),
January 23, 1992, quoted below.

         The Authority has covenanted to employ a Consulting Engineer whose duties shall
         include (a) making an annual inspection commencing in 1993 of each facility
         comprising a System Component and preparing an annual report concerning each
         System Component, setting forth its findings, recommendations, including a
         recommendation of the Consulting Engineer as to insurance and the proper amount of
         the System Improvement Requirement for the ensuing Fiscal Year, and (b) annual
         filing is recommendations of the Consulting Engineer as to the necessary rates to be
         in effect for the ensuing fiscal year so as to comply with the Rate Covenant.

On November 20, 2008, the Authority selected Shaw Environmental, Inc. (Shaw) to perform the
services of the Consulting Engineer. This annual report includes a review of the solid waste
component operations of the Authority in the calendar year 2008, the findings of an inspection of the
Solid Waste System Components by Shaw on January 5, 2009, and addresses the construction,
operations, maintenance, acquisition and funding of each system component for the present year
(2009) and future fiscal years. A listing of information provided by the Authority and assumptions
made in this report are included in Appendix II.

1.2      Project Background

On March 3, 1990, the New Jersey Department of Environmental Protection (NJDEP) and the Board
of Public Utilities (BPU) issued an Emergency Redirection Order of Solid Waste Flows that directed
all non-recyclable solid waste generated in Atlantic County to the Atlantic County Utilities Authority
(the Authority). On August 8, 1990, the Authority initiated operations of a transfer station serving
Atlantic County. In addition, on January 31, 1992, the NJDEP granted the Authority an exclusive
franchise within Atlantic County in accordance with the Solid Waste Utility Control Act. The Authority,
under the provisions of the New Jersey Recycling Act (N.J.S.A. 13:1E-99.14), is further authorized to
provide recycling services for municipalities that have elected not to provide such a service and has
been providing recycling services for Atlantic County since 1997.

On January 23, 1992, the Authority issued the 1992 Bonds for the future development of its System.
The proceeds and interest from the sale of the 1992 Bonds provide funds for the following:

•     Payment of the outstanding principal and interest on previously issued notes.
•     Payment of System improvement and expansion costs.
•     Deposits to the Bond Reserve Fund established under the bond resolutions in the amount of the
      Bond Reserve Requirement.
•     Costs and expenses incurred in connection with the authorization, issuance and delivery of the
      bonds.




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2.0       COVENANTS OF THE AUTHORITY

Various covenants to the 1992 bonds were adopted to ensure proper construction, operation,
maintenance and finance of the System. These covenants are more fully described in the following
subsections. The Rate Covenant requires the Authority to collect service charges in order to fund
system operations. In compliance with the Flow Control Covenant, the Authority obtained legal power
to enforce delivery of non-recyclable solid waste generated in Atlantic County to its System. The
Service Covenant requires the Authority to properly manage all solid waste and recyclable materials
delivered to the system through prudent practices and appropriate technologies. In prior years, the
Authority entered into agreements with various New Jersey Counties to provide revenues and ensure
disposal. The collapse of waste flow control in New Jersey challenged the Authority to modify their
existing program in order to be cost competitive with other processing and disposal options. The
Authority responded by reducing costs, providing collection services, reducing service charges, and
making modifications to the processing and disposal of solid waste.

2.1       Rate Covenant

The Authority is required by the Rate Covenant to collect service charges (tipping fees) to fund its
solid waste management system. The tipping fees must compensate for the following:

      •   Maintenance and Operation of each System Component.
      •   Net revenues in a sum equal to 100 percent of the debt service requirement on all outstanding
          bonds within the coverage of the County agreement (if any) and 110 percent for all
          outstanding bonds not within the coverage of the County agreement (Debt Service Fund
          interest on bonds or accrued interest may be used). This 10 percent may be covered by the
          Renewal and Replacement fund, not including funds in the System Improvement Account.
      •   Requirements of the Debt Service Reserve Fund.
      •   Host municipality benefits and state-imposed taxes.
      •   Construction fund.
      •   Closure escrow funds.
      •   Funding for accounts established under the bond resolution(s).
      •   Funds for deficits resulting from failure to receive service charges, to comply with the terms
          and provisions of the bond resolution(s), and to pay all charges or liens as required.

2.2       Waste Flow Enforcement (Flow Control Covenant)

Until November 10, 1997, pursuant to its bond resolutions, the Authority possessed the legal power to
enforce the delivery of non-recyclable solid waste generated within Atlantic County to its solid waste
management system. If the Authority, through reasonable judgment, perceived the failure of private
or municipal haulers to deliver waste to its System would have had an "adverse bearing" on the
Authority’s ability to meet the requirements of the bond resolutions, the Authority would have directly
provided for such collection and delivery as permitted by law.

On May 1, 1997, the United States Court of Appeals for the Third Circuit decided Atlantic Coast
Demolition and Recycling, Inc. vs. Board of Chosen Freeholders of Atlantic County, et al 112F, 3rd
652 (3rd Cir. 1997) (Cert. Denied November 10, 1997), finding that the New Jersey system of waste
flow control unconstitutionally discriminated against out-of-state waste disposal facilities. On
November 10, 1997, the United States Supreme Court refused to review the Circuit opinion and the
New Jersey regulations imposing flow control became legally ineffective.
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In response, the ACUA has taken the position of a market participant, where the pricing structure of
the disposal facilities is now competitive with the regional alternatives and active solicitation of
business takes place. In addition, the ACUA has undertaken a program of vertical integration,
initiating collection contracts with municipalities and businesses to maintain its capture the waste flow
economically. The ACUA also unbundled its services, providing separate fees for recycling, collection
and other services.

2.3    Service Covenant

The Authority is to properly manage all solid waste and recyclable materials delivered to its System
from within Atlantic County or from counties pursuant to an inter-district agreement. The Authority’s
waste disposal obligation is to include provisions for proper solid waste disposal in excess of the
processing capacity of any resource recovery facility. The Authority is to maintain suitable waste
disposal service through construction and operation of System Components using prudent practices
and appropriate technologies to comply with the obligations of the bond resolutions.

The Authority had previously entered into agreements with Hunterdon County, Somerset County, and
Mercer County Improvement Authority with respect to inter-district agreements and Waste
Management of Pennsylvania, Inc. and Cumberland County Improvement Authority with respect to
additional waste disposal capacity. The agreements with Hunterdon County, Somerset County,
Mercer County and the first of two (2) agreements with Waste Management of Pennsylvania, Inc.
terminated prior to 2008 and there are no outstanding claims or other legal issues with respect to
these agreements. Legal issues and claims regarding the terminated agreements were settled prior
to 2008. The remaining agreements are discussed below.

On May 19, 2003 the ACUA initiated a Landfill License Agreement with the Cumberland County
Improvement Authority (CCIA). Under the agreement, the CCIA will transport Type-10 Municipal
Solid Waste from the ACUA Transfer Station to the Cumberland County Solid Waste Complex,
located in Deerfield Township, Cumberland County, New Jersey. The agreement expired in May
2008, and there was guaranteed minimum quantity. The CCIA accepted a total of 8,498 tons in 2008
from the ACUA.

On January 20, 2005, the ACUA entered into an Agreement with Waste Management of
Pennsylvania, Inc. (WMPA) to provide disposal capacity for Type-13 Bulky Waste and Type 13C
Construction/Demolition Waste and WMPA’s landfills. The Agreement’s effective date is March 1,
2005 and is for a two year term with options for renewal for each of three years. The contract was
renewed for the period of March 1, 2008 through February 28, 2009. There is no guaranteed
minimum quantity. WMPA accepted a total of 25,495 tons of Type-13 and Type-13C Waste in 2008
from the ACUA.




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3.0    SOLID WASTE MANAGEMENT SYSTEM LOADING

The facilities that comprise the Authority's Solid Waste Management System are situated in the
Howard F. Haneman Environmental Park (Environmental Park) in Egg Harbor Township, New Jersey.
These system facilities are permitted to handle the following waste types:
   • Type 10 - Municipal Waste
   • Type 13 - Bulky Waste
   • Type 13C - Construction and Demolition Waste
   • Type 23 - Yard Waste
   • Type 25 - Animal and Food Processing Waste
   • Type 27 - Dry Industrial Waste
   • Type 27A - Asbestos and Asbestos-Containing Waste

Table 1 provides the NJDEP regulatory definitions for these solid waste categories.

                                     TABLE 1
                NJDEP SOLID WASTE CLASSIFICATIONS AND DEFINITIONS
                       ATLANTIC COUNTY UTILITIES AUTHORITY
                               2006 ANNUAL REPORT
Type-10     Municipal (household, commercial and institutional): Waste originating in the community
            consisting of household waste from private residences, commercial waste which originates in
            wholesale, retail or service establishments, such as restaurants, stores, markets, theatres,
            hotels and warehouses, and institutional waste material originated in schools, hospitals,
            research institutions and public buildings.
Type-13     Bulky waste: Large items of waste material, such as appliances and furniture. Discarded
            automobiles, trucks and trailers and large vehicle parts, and tires are included under this
            category.
Type-13C    Construction and Demolition Waste: Waste building material and rubble resulting from
            construction, remodeling, repair and demolition operations on houses, commercial buildings,
            pavements, and other structures. The following materials may be found in construction and
            demolition waste: treated and untreated wood scrap; tree parts, tree stumps and brush;
            concrete, asphalt, bricks, blocks and other masonry; plaster and wallboard; roofing materials;
            corrugated cardboard and miscellaneous paper; ferrous and non-ferrous metal; non-asbestos
            building insulation; plastic scrap; dirt; carpets and padding; glass (window and door); and other
            miscellaneous materials; but shall not include other solid waste types.
Type-23     Vegetative Waste: Waste materials from farms, plant nurseries and greenhouses that are
            produced from the raising of plants. This waste includes such crop residues as plant stalks,
            hulls leaves and tree wastes processed through a wood chipper. Also included are non-crop
            residues such leaves, grass clippings, tree parts, shrubbery and garden wastes.
Type-25     Animal and food processing wastes: Processing waste materials generated in canneries,
            slaughterhouses, packing plants or similar industries, including animal manure when intended
            for disposal and not reuse. Also included are dead animals. Animal manure, when intended for
            reuse or composing is to be managed in accordance with the criteria and standards developed
            by the Department of Agriculture as set forth at N.J.A.C. 4:9-38.
Type-27     Dry industrial waste: Waste materials resulting from manufacturing, industrial and research
            and development processes and operations, and which are not hazardous in accordance with
            the standards and procedures set forth at 7:26G. Also included are non-hazardous oil spill
            cleanup waste, dry non-hazardous pesticides, dry non-hazardous chemical waste, and residue
            from the operations of a scrap metal shredding facility.
Type-27A    Waste material consisting of asbestos or asbestos containing waste
                                       Source: N.J.A.C. 7:26-2.13(g)

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3.1     Waste Flow Control

The Solid Waste Management Act (N.J.S.A. 13:1E), enacted in 1970, provided authorization for the
New Jersey Department of Environmental Protection to establish 22 solid waste planning districts
within the State, to license environmentally conforming solid waste disposal facilities, and to direct
solid waste generated within a given district to a designated solid waste disposal facility. Under the
authority of this law, the Atlantic County Utilities Authority established its franchise for all solid waste
within Atlantic County and created satisfactory facilities and disposal agreements to provide for safe,
effective disposal of the solid waste generated within the district.

On May 16, 1994, the United States Supreme Court, in Decision #92-1402 C&A Carbone, Inc. vs.
Town of Clarkstown, NY, handed down a decision that clouded the legality of the franchise and waste
flow directive system in New Jersey. The decision effectively stated that an ordinance cannot be
enacted that usurps the authority of the Interstate Commerce Clause which allows the free trade of
goods and services between states. Although not specifically applicable to the New Jersey system of
waste flow directives and franchises, this decision called into question the New Jersey system and
encouraged litigation on the matter.

One of these subsequent cases was heard as Atlantic Coast Demolition and Recycling, Inc. vs. Board
of Chosen Freeholders of Atlantic County, et al in the United States District Court. On November 28,
1995, the Court found waste flow regulations regarding construction and demolition material, known
as Type-13C, were enjoined from enforcement and that the Type 13C material could be transported
to any properly licensed recycling facility, with the unrecycled residue disposed of at any lawfully
operated site. The State of New Jersey adopted this directive of January 29, 1996 with a system of
weighing and recording the Type 13C waste flows.

The United States District Court heard an additional case with the same plaintiffs and defendants. On
July 15, 1996, the Court found that the remainder of the solid waste stream was similarly enjoined
from waste flow regulation. However, the Court permitted the State of New Jersey two years from the
last appeal of this case to develop a plan of action to implement the Court’s ruling.

The United States District Court decision was appealed to the United States Court of Appeals. On
May 1, 1997, this Court upheld the District Court, but specified the unconstitutional areas.
Specifically, the Court of Appeals invalidated the waste flow directives of the New Jersey solid waste
regulations as unfairly restraining interstate commerce. The Court of Appeals did, however, indicate
that individual solid waste districts had the ability to procure solid waste disposal services
competitively through the public bidding process.

A further appeal to the United States Supreme Court was denied in October 1997, exhausting the
appeals process and eliminating the two (2) year planning time frame.

Throughout this period, the Atlantic County Utilities Authority acted promptly and decisively to mitigate
the negative effects of these rulings on the Authority’s business. The Authority has lowered tipping
fees and entered into the collection market for Type-10 (municipal) waste, Type-13 (bulky) waste, and
Type-13C (construction/demolition) waste. Following the 1995 ruling on waste Type-13C, the
Authority dropped its tipping fees from $106.24 per ton in 1995 to $65.00 per ton in 1996 and to
$60.00 per ton in 1997. This strategy resulted in increased quantities of Type 13 waste delivered to
the landfill from 57,386 tons in 1995, to 59,757 tons in 1996, and to 77,098 tons in 1997. The
amounts of Type-13/Type-13C waste delivered to the system, including bypass waste in 2004
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through 2008, are shown in Figure 1. The decline experienced in 2007 and 2008 appears to be
related to overall decrease in construction activity and market conditions in general and not the
relative share of ACUA in the market. In addition to market based pricing, the Authority has actively
participated in the solid waste, recyclable material, bulky waste, and yard waste collection businesses
to maintain waste flow and provide revenue sources.


                                        FIGURE 1
                           TYPE 13 AND 13 C WASTE QUANTITIES

          140,000

          120,000

          100,000

           80,000
   TONS




           60,000

           40,000

           20,000

               0
                    1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
                                                      YEAR



The ACUA has supplemented its recycling collection activities with bulky waste collections by contract
with several municipalities. While the number and make-up of the municipalities has varied over time,
the Authority has effectively gained control of a significant portion of the Type 13 waste stream by
contract, not ordinance.

The majority of the municipalities, 87%, within Atlantic County have contracts with ACUA for recycling
collection. The present use of the ACUA’s services for the collection of municipal waste, bulky waste,
and yard waste is 30%, 35%, and 43% of the municipalities, respectively. Table 2 provides a
summary of collection services performed by the ACUA by municipality. Those items in bold font
reflect a change from 2007. In addition, The Authority in began in July 2008 servicing Ocean
Township in Ocean County for its recycling collection.

The elimination of State-mandated waste flow control for Type-10 municipal waste prompted the
Authority to develop a modified Solid Waste Management Plan for the District. The initial strategy
provided for an Environmental Investment Charge (EIC) of $31.12 per ton of solid waste based on
historic generation rates. This EIC was assessed as a direct charge to Atlantic County generators.
Approval was obtained from the New Jersey Local Finance Board in December 1997, the Atlantic
County Board of Chosen Freeholders in February 1998, and the New Jersey Department of Environ-

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                                     TABLE 2
          COLLECTION PERFORMED BY ATLANTIC COUNTY UTILITIES AUTHORITY
                      ATLANTIC COUNTY UTILITIES AUTHORITY
                              2008 ANNUAL REPORT
              Municipality               Municipal Waste     Recyclable Materials      Bulky      Yard Waste
                Absecon                        Yes                   Yes                Yes             Yes
              Atlantic City                     No                   Yes                No              No
               Brigantine                      Yes                   Yes                Yes             Yes
              Buena Boro                        No                   Yes                No              No
           Buena Vista Twp.                     No                   Yes                No              Yes6
              Corbin City                       No                    No                No              No
            Egg Harbor City                    Yes                   Yes                Yes             Yes
           Egg Harbor Twp.                      No                   Yes                No              No
              Estell Manor                      No                   Yes                No              No
                Folsom                          No                   No5                No              No
                                                                           3
             Galloway Twp.                      No                   Yes                No              No
             Hamilton Twp.                      No                   Yes                Yes             Yes
              Hammonton                         No                   Yes                No              No
                Linwood                         No                   Yes                No              Yes
                Longport                       Yes                   Yes                Yes             Yes
                Margate                        Yes1                  Yes                Yes             No
                                                     4                                       4
              Mullica Twp.                     Yes                   Yes               Yes              No
               Northfield                       No                   Yes                No              Yes
      Ocean City (Cape May Co)                  No                   Yes                Yes             Yes
    Ocean Township (Ocean Co)2                  No                   Yes2               No              No
                                                     1
              Pleasantville                    Yes                   Yes                Yes             No
             Port Republic                      No                    No                No              No
             Somers Point                       No                   Yes                No              No
                Ventnor                         No                   Yes                No              Yes
               Weymouth                         No                   Yes                No              Yes6
1
     Authority has collection contracts for municipal and Condominium waste in this municipality.
2
    Authority has collection contracts for this municipality in Ocean County beginning July 14, 2008.
3
    Waste Management customers and EarthTech customers only.
4
    Authority provides service to public drop-off locations: not residential collection.
5
    Service discontinued mid-2008.
6
    Authority provides service in select areas of this municipality.

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mental Protection. The EIC was implemented on March 1, 1998. The intent of this EIC was to
separately assess and recover the necessary revenues to offset incurred debt, sold to comply with
State directives, relying on waste flow control. As a result, the Authority was able to reduce tipping
fees to $52.50 per ton on Type-10 waste in 1998.

The EIC imposed by the Passaic County Utilities Authority was determined in City of Paterson and
Martin G. Barnes vs. Passaic County Board of Chosen Freeholders and Passaic County Utilities
Authority, 164 N.J. 270 (2000) to be not statutorily authorized. On June 30, 2000, the Superior Court
of New Jersey, Appellate Division, Docket Numbers #ALT-A-083-98TS and A-1126-98TS Township
of Galloway, et al. V. Atlantic County Utility Authority et al., invalidated the Atlantic County Utilities
Authority’s EIC imposed under N.J.S.A. 10:14B-22.1 as not statutorily authorized. There were
several cases brought against the Atlantic County Utilities Authority regarding the EIC, which have
been resolved as discussed below.

The State of New Jersey provided payment of $8,700,000 to the ACUA in 2002 into an escrow
account for the refunding of EIC Payments collected by the ACUA. The ACUA has paid all refunds
prior to 2008 as ordered pursuant to the below cases.

On November 27, 2000, the Superior Court of New Jersey, Chancery Division, Docket Number #ATL-
C-90-98 Township of Galloway, et al. vs. Atlantic County Utility Authority et al., issued a summary
judgment as to the Authority’s liability for attorney’s fees and refunds of all EIC payments. The ACUA
complied with the judgment and a refund was delivered to the plaintiff’s counsel. Subsequent cases
were filed by Trump Taj Mahal Associates et al., Docket Number #ATL-C-193-00 and by Adamar of
New Jersey, Inc., d/b/a Tropicana Casino and Resort, Docket Number #ATL-C-194-00. According to
the Authority, the refunds were paid prior to 2006, and there are no outstanding claims.

As shown in Table 3, below, the ACUA tipping fees are competitive with its market competitors. Due
to the Authority’s somewhat geographically remote location, the facilities in Cape May, Ocean, and
Cumberland Counties could compete for Atlantic County waste flows, but beyond that point the
transportation costs quickly escalate and provide the Authority with an economic advantage.

Given the collapse of flow control by legislative and regulatory authority, it is incumbent upon the
Authority to continue its cost efficiency measures. Reductions in variable costs have been
implemented and have continued to be developed. Productivity enhancements have been and
continue to be implemented. The Authority has committed that continued sensitivity to financial
markets will be maintained and to lower the fixed cost portion of the business when it is feasible. The
ACUA has transferred itself from a bureaucratic organization, relying on legislation and regulatory
authority, into a competitive market participant by enhancing productivity, active marketing, and fiscal
prudence.

On April 30, 2007 The United Stated Supreme Court ruled in Oneida-Herkimer case that a local
ordinance (i.e. Waste Flow Control) that requires the delivery of all solid waste to a publicly owned
facility does not violate the Commerce Clause. This decision has allowed other New Jersey Counties
to consider re-instating Waste Flow Control within their respective County Solid Waste Management
Plans. The Authority has estimated based, on the best available data from the New Jersey
Department of Environmental Protection, that in excess of 100,000 tons per year of Atlantic County
waste is disposed of at other In State Solid Waste disposal facilities. The Authority is actively
investigating the possibility of re-instatement of a Intra-State Waste Flow Control ordinance as part of
the County’s Solid Waste Management strategy. The history of waste flow control cases over the
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years clearly indicates that waste flow control ordinances that do not discriminate against out of state
disposal facilities have been able to stand up to legal scrutiny and challenges. If the Authority is
successful in working with Atlantic County for the County to enact an Intra-State Waste Flow Control
ordinance within Atlantic County, its financial situation in light of depressed generation associated
with the weakened local economy and the threat of losing State aided debt assistance will be
enhanced.

                                             TABLE 3
              TIPPING FEES AS OF MAY 1, 2009 FOR REGIONAL FACILITIES
                           ATLANTIC COUNTY UTILITIES AUTHORITY
                                     2008 ANNUAL REPORT
                                                                   Approximate
                                          Type 10       Type 13
                                                                   Distance to
              Facility                  Tipping Fee   Tipping Fee
                                                                     Facility
                                           (1) (2)        (1)
                                                                     (Miles)
 Atlantic County Utilities Authority   $64.65/ton(3) $84.65/ton(3)      --
 Cape May County UA Landfill            $63.00/ton    $69.00/ton       30
 Cumberland County Landfill             $51.64/ton    $62.74/ton       40
 Ocean County Landfill Corp             $71.16/ton    $81.16/ton       40
 Burlington County                      $69.34/ton    $87.89/ton       70
 PCFA Pennsauken/Camden                $94.01/ton(4) $69.00/ton(5)     60
 Monmouth County                        $73.10/ton    $106.10/ton      60
(1)    Sources: Published 2008 rates on facility internet web pages and telephone interviews conducted May
       2008.
(2)    Actual rates with contracted customers may be negotiated and may be lower than published rates.
(3)    Price shown for in-county generated wastes. Out of County generated waste tipping fees are higher.
(4)    Price shown for out of county generated wastes. In county wastes are discounted. Price to increase
       to $96.00 effective June 1, 2009.
(5)    Self unloading vehicles only. Vehicles requiring laydown service are $94.01/ton.

3.2    Waste Quantities

Table 4 presents the 2008 actual solid waste tonnages and anticipated solid waste tonnages for the
years 2009 through 2013 for the Authority's solid waste management system. The waste types
shown in Table 4 are discussed in the sections below.

Solid waste projections for 2008 are derived from the Authority’s expected market share of solid
waste within Atlantic County. For the year 2009 and beyond, the Authority has estimated a constant
tonnage with no increase or decrease in waste flows. While the Atlantic County service area is
expected to continue experiencing growth (population increased from 224,327 in 1990 to 252,552 in
2000 or 12.6% and based on US Census estimates increased to 270,681 in 2008 or 7.2% over the
2000 data), the Authority has taken the position that a flat rate projection is warranted to
accommodate the uncertainties associated with market participation. Increases of waste flows during
2003 though 2005 were associated with Waste Management of New Jersey revising its commercial
customer routing, thus diverting commercial waste from Cumberland County Improvement Authority
Landfill to the ACUA's facility. This increase appeared was a short-term situation as demonstrated by
the decrease in Type-10 waste being received at the facility in 2006 and again in 2007. Market
pressure from the Cumberland County Improvement Authority landfill is expected by the Authority to
continue. In the latter portion of 2007 and throughout 2008, the Authority experienced a decrease in
Type 13-C waste, which appears related to the construction industry’s economic cycle. Decreases in
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Type-10 waste experience in 2008 also appear related to overall economic conditions.

3.2.1 Municipal Solid Waste (Types 10, 23 and 25)

All Type-10 municipal waste is first delivered to the Transfer Station. Prior to September 1998, Type-
10 waste was disposed of-site at a landfill covered by the prior service agreements at the landfill’s
permit did not allow disposal of putrescible wastes. On September 17, 1998, the DEP issued a
Certificate of Authority to operate a research, development, and demonstration project which limited
the maximum amount of Type 10 solid waste that may be landfilled to 800 tons per day, and not to
exceed 3,600 tons per week (see Section 4.3.2). On October 25, 2000, the NJDEP issued a solid
waste facility minor permit modification permit, allowing disposal of Type-10 waste on an ongoing
basis, which was included in the 2004 permit renewal and the 2008 major permit modification. Type-
10 waste is transferred to and disposed at the Authority’s landfill in accordance with the facilities’
NJDEP permit. Portions of the waste were transferred to and disposed at the Cumberland County
Improvement Authority’s landfill prior to the termination of the landfill license agreement referenced in
Section 2.3 of this report. In 2008, 8,498 tons of Type-10 waste was diverted from the Transfer
Station to the Cumberland County Improvement Authority’s landfill. The Authority no longer receives
Type-25 animal and food processing waste. For the purposes of reporting prior year quantities in
Table 3, waste Type-10 and Type-25 are categorized together as Type-10 waste.

The 2008 quantities of municipal waste received are reported in Table 4 using information supplied by
the Authority. Projections for 2009 and beyond are derived from the ACUA’s expected market share
of solid waste in Atlantic County generally using the 2008 projections. Although the Authority plans to
continue to aggressively market its collection and disposal services, this projection conservatively
holds future quantities constant at expected 2007/2008 levels. This assumption is based, in part, on
the Authority’s pricing as a market participant.

Additionally, Type-23 waste, aside from incidental amounts that can not be segregated from incoming
Type-10 waste, is no longer accepted at the Transfer Station. The majority of the Type-23 vegetative
waste that is accepted at the facility is received as yard waste and is directly delivered to and
processed in the composting facility area.

As with Type-10 waste, Type-23 yard waste received in 2008 is from data provided by the Authority’s
operational records. Projections for 2009 and beyond reflect the ACUA’s best estimate of the market
and are held constant, even though the Authority is seeking to grow its market share.

Recyclables are received commingled and processed at the Recycling Center. The Authority has
entered into agreements to collect dual stream commingled recyclables from Ocean City in Cape May
County and Ocean Township in Ocean County consistent with the respective County’s solid waste
management system requirements. Ocean City recyclables are delivered to Cape May County’s
processing facility in Woodbine New Jersey and Ocean Township recyclables are delivered to Ocean
County’s processing facility in Stafford Township, New Jersey.

3.2.2 Bulky and Industrial Waste (Types 13, 13C, 27 and 27A)

The Authority's Landfill receives bulky, construction/demolition and industrial waste from within
Atlantic County. Table 4 shows actual 2008 waste tonnages and projected bulky and industrial waste
tonnages for 2009 and beyond. In 2008 there was a 44.5% decrease in Type-13C waste accepted at
the scalehouse, reducing the levels not just associated with the 41.5% spike experienced in 2006 but
still below the historic levels shown in Table 4. The depressed levels appear to be associated with
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                                                                                      TABLE 4
                                                                    SOLID WASTE MANAGEMENT SYSTEM QUANTITIES
                                                                        ATLANTIC COUNTY UTILITIES AUTHORITY
                                                                                2008 ANNUAL REPORT
                                   Municipal Waste (Type 10)                                                           Bulky & Dry Industrial Wastes (Types 13 & 27)                                  Total
                                                                          Total                                                  Atlantic
              Other     Atlantic     Atlantic                            Type 10                                                   Type       Other
               to       Co. to       Co. to       Total                     to      Yard Waste              Type 13     Total      13 to      Type                 Bulky                   Type        to
             ACUA       ACUA        Recycling     Type     Diverted       ACUA       Atlantic to    Type       C        Type      ACUA        13 to     Type       Waste      Net to       27A       ACUA
   Year      Landfill   Landfill     Center        10      Type 10       Landfill   Composting      13 C    Diverted    13C       Landfill   Landfill    27      Recovered    Landfill   Asbestos    Landfill
 1996 (1)          0           0       37,947    240,865       202,918         0     22,325 (2)    29,215         0     29,215    30,541         0     3,885        2,842       60,799         493    61,292
 1997 (1)          0           0       37,538    266,540       229,002         0         13,994    52,996         0     52,996    25,205         0     6,749          487       84,463         383    84,846
 1998 (1)          0     93,750        35,846    210,851        81,255    93,750         11,680    46,338         0     46,338    24,026         0     3,476        2,665       71,175         533   165,458
 1999 (1)        984    148,597        35,789    185,370            0    149,581         12,920    62,453         0     62,453    16,058     2,225     2,365            0       83,102      1,042    233,724
 2000 (1)     16,759    128,125        31,178    176,062            0    144,884         13,552    75,089         0     75,089    11,449         0     2,983           37       89,484         512   234,880
 2001 (1)     28,616    155,944        34,113    218,673            0    184,560         19,927    81,345         0     81,345    10,048         0     2,979           43       94,329         377   279,266
 2002 (1)      3,885    230,716        34,429    269,031            0    234,601         20,627    82,395         0     82,395     9,301      698      4,406          466       96,333         405   331,339
 2003 (1)          0    250,379        33,409    283,788            0    250,388         19,473    85,981         0     85,981    13,471        17     7,716          380      106,805         326   357,519
 2004 (1)          0    273,463        33,728    332,247        25,056   239,735         18,537    87,110     2,187     89,297    28,951         0     4,578          539      120,100         358   360,193
 2005 (1)          0    260,958        36,334    323,129        25,837   235,121         16,502    36,656    46,848     83,504    19,204         0     8,743          500       64,103         334   299,558
 2006 (1)          0    231,272        37,145    294,988        26,571   231,272         19,516    70,125    48,015    118,140    13,282         0     7,003          582       89,828         296   321,396
2007 (1)           0    227,210        36,381    278,965        15,374   227,210         19,529    42,868    55,738     98,606    19,719         0     8,029          953       69,663         256   297,130
  2008
Projected          0    207,590        37,434    270,024        25,000   207,590         20,000    71,284         0     71,284    11,168         0     6,397          400       88,449         358   296,397
  2008
 Actual            0    209,451        34,960    252,909         8,498   209,451         20,245    29,189    25,495     54,684    15,543         0     5,371          189       49,914         157   259,522
   2009            0    209,753        37,434    247,187            0    209,753         20,000    54,168         0     54,168    11,168         0     6,397          400       71,333         135   281,221
   2010            0    209,753        37,434    247,187            0    209,753         20,000    54,168         0     54,168    11,168         0     6,397          400       71,333         135   281,221
   2011            0    209,753        37,434    247,187            0    209,753         20,000    54,168         0     54,168    11,168         0     6,397          400       71,333         135   281,221
   2012            0    209,753        37,434    247,187            0    209,753         20,000    54,168         0     54,168    11,168         0     6,397          400       71,333         135   281,221
   2013            0    209,753        37,434    247,187            0    209,753         20,000    54,168         0     54,168    11,168         0     6,397          400       71,333         135   281,221

(1) Information Provided by Atlantic County
Utilities Authority                                                                                                               20,285                                                   339.48
(2) Includes yard waste from Mercer
County.




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              134667.01000000
the environment of reduced home sales and limited commercial construction impacting the regional Type
13C waste generation.




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4.0       SOLID WASTE MANAGEMENT SYSTEM COMPONENTS

4.1       Description of System Components

The Authority's System includes the following components:

      •   Transfer Station and Bulky Waste Recycling Center
      •   Landfill
      •   Recycling Center
      •   Composting Facility
      •   Maintenance Center
      •   Administration Building

The following sections describe each of these system components, all of which are located in the
Environmental Park. Section 4.2 presents the planned capital expenditures for each System facility
during the next five years. Section 4.3 summarizes the January 2009 inspection and March 2009
reinspection of the system components.

4.1.1 Transfer Station and Bulky Waste Recycling Center

The Authority's Transfer Station processes all of the non-recyclable municipal waste delivered to
the Facility. Transfer Station operations began on August 8, 1990. The Solid Waste Facility Permit
was most recently modified on May 20, 2008 and covers both the transfer station and the landfill.
The permit expires October 7, 2009. The facility is permitted to operate at a maximum of 1,950 tons
of solid waste per day, and is permitted to be operational seven days per week, accepting waste
between the hours of 7 AM and 4 PM prevailing time. Actual waste acceptance occurs Monday
though Sunday.

The facility accepts waste delivered to the facility with the exception of materials directed to the
composting facility and the Recycling Center. All waste targeted for landfill disposal, with the
exception of limited amounts of type 13-C waste is delivered to the Transfer Station during
operational hours. Waste is deposited into separate areas by waste type. Since 1992, the transfer
station has accepted Type-13 (bulky) and select loads of type 13-C (construction/demolition waste)
for recycling in order to prevent unnecessary landfilling. Incoming recyclable waste, such as major
appliances and scrap metal are separated from other Types-13C and 13 wastes to designated
areas of the tipping floor and prepared for market. Refrigerant is removed into containers by
Authority personnel and removed from the site by a contracted vendor. In 2008, 189 tons of Type
13 and 13C waste were recovered and 25,495 tons were transferred to Waste Management of
Pennsylvania’s landfills. This represents an 80.1% decrease in recovered materials from 2007 and
a 54.2% decrease in waste diverted to Waste Management of Pennsylvania.

In 2008, the Transfer Station processed 252,909 tons of Type-10 municipal waste, a 9.3% decrease
from 2007 and a 23.9% decrease from the peak 2004 level. Once separated from other types,
municipal solid waste is loaded into transfer trailers and delivered to the ACUA Landfill during
permitted landfill operational hours. Prior to the termination of the landfill license agreement in May
2008, during peak periods Type-10 municipal waste is also transferred to the Cumberland County
Improvement Authority Landfill. In 2008, 8,499 tons were transferred to the Cumberland County
Improvement Authority Landfill.

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4.1.2 Landfill

The landfill was originally permitted on March 18, 1992 by the NJDEP to receive non-putrescible
Type-13 (bulky) and Type-27 (dry industrial) wastes. The NJDEP permit was for five years (as are
all landfill permits in New Jersey) and has been reissued on a continuing basis. The most recent
five-year NJDEP Permit, No. PI143393/SWF010001, is dated October 7, 2004 and expires October
7, 2009. The permit includes both the Transfer Station and the Landfill. This permit was most
recently revised by a major permit modification, darted May 20, 2008. This permit modification
includes an expansion of the landfill and incorporates capacity gains and design changes from prior
permit modifications, including the revised bird deterrent plan, mining of Cells 1 and 2 and a
leachate recirculation system in Cells 7, 8 and 9. On May 9, 2007, The Authority received a
Temporary Certificate of Authority (TCAO) for construction of Cell 10 in lieu of Cell 9 consistent with
the design of the proposed expansion and on January 31, 2008 received a TCAO to begin
landfilling in Cell 9. These TCAOs were superseded by the May 20, 2008 permit modification which
provides permanent approval of those items. In addition a minor permit modification was applied for
in February 2008 for revising the closure plan to include closure of approximately 21 acres in 2009.
 Previously, a landfill disruption approval had been issued February 26, 2004 for construction of a
landfill gas collection and control system, which remains in effect to address ongoing incremental
construction of the landfill gas extraction system.

The original permit was for a 77 acre facility then consisting of 10 planned cells, utilizing a double-
composite liner system and permitted to accept non-putrescible waste. The landfill was
subsequently reconfigured for 9 cells within the same areal footprint. By the permit modification
dated May 20, 2008 the landfill has been expanded to 11 cells encompassing 102 acres. Figure 2
shows the landfill final grading plan as approved by the May 20, 2008 permit modification. On
September 17, 1998 the DEP issued a Certificate of Authority to Operate a Research,
Development, and Demonstration Project (Certificate) that allowed up to 800 tons per day of Type-
10 solid waste to be landfilled and not to exceed 3,600 tons per week (see Section 4.3.2). NJDEP
issued the October 25, 2000 permit modification allowing Type-10 municipal waste to be disposed
the areas then designated as Cells 3 through 10. Condition No. 46 of the May 20, 2008
modification allows Type-10 municipal waste to be disposed between one hour after sunset and
one hour before sunrise and other wastes to be disposed without time restrictions Monday through
Sunday. The quantity restriction of Type-10 waste was removed in the permit renewal. Type-10
waste is transferred to and disposed at the Authority’s landfill in accordance with the NJDEP Solid
Waste Permit during specified hours. In 2007, landfilling operations were primarily in Cell 8, with
limited filling in sideslopes and top plateau area of Cells 3, 5, 6 and 7. Cell 10 was constructed in
the second half of 2007 and was approved for disposal operations by the TCAO dated January 31,
2008. (Construction of Cell 9 will take place after Cell 10 to take advantage of capacity advantages
related to the geometry and layout of the cells.) In 2008, the landfill received 259,522 tons of
waste exclusive of contaminated soil. This included 29,189 tons of Type-13C waste, 15,543 tons of
Type-13 and 5,371 tons of Type-27 waste, 209,451 tons of Type-10 waste, and 157 tons of Type-
27A waste.

Prior to 2008, the landfill consisted of nine permitted discrete double lined cells of various
constructions, eight of which had been constructed. The May 20, 2008 permit modification added
two additional cells, both of which are double lined cells of similar construction to Cells 5 though 9:
a double composite liner system consisting of a geosynthetic clay liner (GCL) overlain by a high
density polyethylene geomembrane for each of the two barrier layers, with a geotextile covered

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high density polyethylene drainage net between the two barrier layers, all overlain by an geotextile
and protective cover soil containing a leachate collection piping network with the pipe surrounded
by a coarse aggregate made of processed recycled glass. This liner system includes both
leachate collection and leak detection systems. Leachate generated in the landfill is collected and
pumped to two 55,000-gallon on-site storage/equalization tanks. Ultimately, the leachate is
discharged to the Authority-owned wastewater treatment facility. Leachate flow information
provided by the Authority was reviewed and is consistent with landfills of this size, waste make-up
and climate. Leachate detection system flows were below action levels. There were no
NJPDES/Significant Industrial User (SIU) permit exceedances during 2008.




                                           Figure 2
                            May 2008 Expansion Final Grading Plan
                             (Ref: Post Buckley Schuh & Jernigan)


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Prior to 2008, the landfill had a permitted gross airspace volumetric capacity of 7,655,350 cubic
yards. Design changes that had been approved by minor permitted modifications allowed more
capacity in various cells, but the total permitted volume had not been changed. (Design changes
have included replacing two-foot thick compacted clay liners with geosynthetic clay liners),
steepening and regrading exterior slopes in Cells 1-4 and reconfiguring Cells 7 through 10 into
three Cells: 7, 8 and 9.) By the issuance of the major permit modification in May 20, 2008, this
capacity was included in the permit as well as the capacity for Cells 10 and 11. The permitted
capacity is, according to Condition No. 44 of the permit, 14.3 million cubic yards. This includes 7.8
million cubic yards of the constructed cells and additional capacity of 6.53 million cubic yards of the
expansion. A review of the supporting documents concludes that this value is the gross landfill
capacity, inclusive of the final cover. A description of the landfill capacity, including the volume of
the final cover system, is shown on a cell-by cell basis in Table 5. Table 5 includes the effective
gross permitted capacity, which includes the capacity of the waste and daily and intermediate cover
but not the final capping system. Table 5 also includes the unpermitted volume for a potential
vertical expansion.

This permitted expansion has kept the final elevation at 145 feet above mean sea level. This
elevation was determined, in part, upon input from the Federal Aviation Administration (FAA), which
has allowed the expansion to occur within the 10,000-foot airport buffer zone. The vertical
expansion was not included in the permit application. Prior feasibility studies performed by
Gannett Fleming in 2001 and the master plan developed by JCA Associates (now T&M Associates)
in 2003 included a vertical expansion to an elevation of approximately 225 feet above mean sea
level, or an additional 80 feet. This potential additional capacity is shown in Table 5.

As shown in Table 6, the permitted capacity, using the waste loading projections of the Authority,
will extend the life of the landfill to 2028. The landfill has the potential to have an extended life to
2041 if a vertical expansion is pursued and granted. However, this vertical expansion would be
required to satisfy applicable requirements of the FAA including addressing potential impacts on the
conical flight path impacts.

Landfill Operations

The life expectancy of the landfill has changed due to the permit expansion approval and the prior
approval to accept Type-10 municipal waste. In 2008, the tons of waste deposited in the landfill
consumed an estimated 387,044 cubic yards of airspace, including cover materials. Table 6
provides an estimated life expectancy of the landfill using a consistent future waste flow of 281,221
tons per year as described in Table 4.

Cell 10 was ws completed and opened for operation in early 2008. (Cell 10 the first construction of
the proposed expansion will be constructed prior to Cell 9 to take advantage of the higher amount
of capacity per acre due to the landfill’s geometry. This change in landfill construction sequence
was approved by NJDEP by a Temporary Certificate of Authority to Operate, issued May 9, 2007
and incorporated into the May 2008 major permit modification.) Preconstruction activities performed
by the Authority personnel, such as placement of subgrade had begun in 2006 and were completed
in 2007. Construction of Cell 10 began in July 2007 and was substantially complete by the end of
2007. Final completion occurred and acceptance by the Authority occurred in early 2008. NJDEP
issued a TCAO to operate cell 10 on January 31, 2008.




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                                                    TABLE 5
                                     AIRSPACE CAPACITY BY CELL
                             ATLANTIC COUNTY UTILITIES AUTHORITY
                                          2008 ANNUAL REPORT
                                            Permitted Capacity               Effective Gross Permitted
                                               May 20, 2008                    Capacity May 20, 2008
           Cell Number                        (cubic yards)                       (cubic yards) (2)
Cell 1                                             321,500     (1)                        306,510
Cell 2                                             717,280     (1)                        715,362
Cell 3                                             436,393    (1,3)                       423,405
Cell 4                                             718,546     (1)                        706,026
Cell 5                                             662,010    (1,3)                       648,966
Cell 6                                             557,888    (1,3)                       546,098
Cell 7                                           1,109,687    (1, 4)                     1,091,344
Cell 8                                             944,057    (1,4)                       930,161
Cell 9                                           2,326,296    (1,4)                      2,312,826
Cell 1-4 Sideslopes                                450,000    (5)                         450,000
Cell 4-6 Sideslopes                                600,000    (5)                         600,000
Cell 8 Extension                                   535,943    (6)                         524,153
Cell 9 Extension                                   983,704    (6)                         971,914
Cell 10                                          1,475,000    (6)                        1,457,253
Cell 11                                          2,480,000    (6)                        2,463,673
PERMITTED TOTALS                                14,318,304                               14,147,690
Potential Vertical Expansion to 225 ft           5,299,563    (6,7)                      5,299,563
TOTALS WITH POTENTIAL
VERTICAL EXPANSION                              19,617,867                               19,447,253
(1) Reference: SE Technologies, Inc., 1996, October. Engineering Design Report:1997 Permit
     Modification and Renewal for Atlantic County Limited Use Landfill, Table 7-1 adjusted for liner system changes
     approved by permit modification.
(2) Reflects reduction in capacity for allowance of final cover system thickness.
(3) Reflects design change in capacity of Cells 3, 5 and 6 due to liner system change permitted August 1999.
(4) Reflects reconfiguration of Cells 7, 8, 9 and 10 into three Cells: 7 8 and 9 designed by Triline Associates
     and included in Permit Modification of August 2003 and Permit Renewal of October 2004.
(5) Reference IT Group/Emcon, Permit Modification Application for Regrading Cells 1 through 4, included in
     Permit Modification of July 2002 and Permit Renewal of October 2004.
(6) Reference November 19, 2007 email from Greg Banner of PBS&J to Mark Searfoss of NJDEP
    referenced in May 20, 2008 Solid Waste Permit. Note detailed quantities is /Triline Associates transmitted
to ACUA, November
    19, 2004 and 2004 Engineer’s Report and Certification, T&M Associates, May 2004. Final Quantities may be
    adjusted based on technical review by NJDEP and final design by PBS&J.
(7) Vertical expansion not included in expansion proposed to NJDEP in 2006. May be included in future major
    permit modification, provided FAA approval is achieved. Vertical expansion based on total quantity in T&M
    Associates2003 Master Plan less permitted volume.




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                                                   TABLE 6
                      LANDFILL CONSTRUCTION AND REMAINING CAPACITY
                        ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                           2008 ANNUAL REPORT
                                                 Additional
                                      January    Available       Waste      Cover        Airspace      Remaining
                                      Capacity   Airspace      Deposited   Material     Consumed        Capacity
  Year       Operational Cell           (cy)        (cy)          (ton)      (ton)          (cy)          (cy)
  1992           Cell 1               321,500      306,510      43,344         ---        15,515        305,985
  1993                                305,985                    80,942        ---       186,181        119,804
  1994                                119,804                    86,501     38,859       136,811        -17,007
  1995             Cell 2             -17,007      715,362      76,337     24,144        114,722        583,632
  1996                                583,632                   61,292     24,943        131,546        452,086
  1997                                452,086                    84,846    70,821        199,641        252,445
  1998             Cell 4             252,445      706,026      165,458    90,413        357,608        600,863
  1999             Cell 3             600,863      423,405      233,724    179,000       406,884        617,384
  2000                                617,384                   234,880    180,204       463,612        153,772
  2001            Cell 5              153,772       648,966     279,266    239,862       574,537        228,201
  2002            Cell 6              228,201       546,098     331,339    193,387       470,628        303,671
  2003           Cell 7 (6)           303,671     1,091,344     357,519    212,987       612,696        782,319
  2004           Cell 8 (6)           782,319       930,161     360,193    150,997       550,885       1,161,595
  2005                               1,161,595                  299,558    156,763       506,790        654,805
  2006                                654,805                   321,396    88,828        419,800        235,005
  2007      Cell 1-6 Slope Adj (5)    235,005      1,050,000    297,130    124,075        436,955       848,049
  2008              Cell 10           906,366      1,457,253    296,397    157,900        387,044      1,976,575
  2009                               1,976,575                  281,221     92,121        413,561      1,563,014
  2010                               1,563,014                  281,221     92,121        413,561      1,149,454
  2011                               1,149,454                  281,221     92,121        413,561       735,893
  2012                                735,893                   281,221     92,121        413,561       322,332
  2013             Cell 11            322,332      2,463,673    281,221     92,121        413,561      2,372,445
  2014                               2,372,445                  281,221     92,121        413,561      1,958,884
  2015                               1,958,884                  281,221     92,121        413,561      1,545,323
  2016                               1,545,323                  281,221     92,121        413,561      1,131,763
  2017                               1,131,763                  281,221     92,121        413,561       718,202
  2018      Cell 9 (6) and Ext.       718,202                   281,221     92,121        413,561       304,641
  2019       Cell 8 Extension         304,641      3,284,740    281,221     92,121        413,561      3,175,821
  2020                               3,175,821       524,153    281,221     92,121        413,561      3,286,413
  2021                               3,286,413                  281,221     92,121        413,561      2,872,852
  2022                               2,872,852                  281,221     92,121        413,561      2,459,292
  2023                               2,459,292                  281,221     92,121        413,561      2,045,731
  2024                               2,045,731                  281,221     92,121        413,561      1,632,170
  2025                               1,632,170                  281,221     92,121        413,561      1,218,610
  2026                               1,218,610                  281,221     92,121        413,561       805,049
  2027       Potential Vertical       805,049                   281,221     92,121        413,561       391,488
  2028      Expansion to 225 ft       391,488      5,299,563    281,221     92,121        413,561      5,277,491
  2029                               5,277,491                  281,221     92,121        413,561      4,863,930
  2030                               4,863,930                  281,221     92,121        413,561      4,450,369
  2031                               4,450,369                  281,221     92,121        413,561      4,036,809
  2032                               4,036,809                  281,221     92,121        413,561      3,623,248
  2033                               3,623,248                  281,221     92,121        413,561      3,209,687
  2034                               3,209,687                  281,221     92,121        413,561      2,796,127
  2035                               2,796,127                  281,221     92,121        413,561      2,382,566


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                                             TABLE 6
                                           (Continued)
                         LANDFILL CONSTRUCTION AND REMAINING CAPACITY
                          ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                      2008 ANNUAL REPORT
                                                         Additional
                                          January        Available         Waste             Cover        Airspace        Remaining
                                          Capacity       Airspace         Deposited         Material     Consumed          Capacity
   Year         Operational Cell            (cy)            (cy)            (ton)            (ton)           (cy)            (cy)
   2036                                    2,382,566                          281,221         92,121         413,561         1,969,005
   2037                                    1,969,005                          281,221         92,121         413,561         1,555,445
   2038                                    1,555,445                          281,221         92,121         413,561         1,141,884
   2039                                    1,141,884                          281,221         92,121         413,561          728,323
   2040                                     728,323                           281,221         92,121         413,561          314,763
   2041                                     314,763                           214,039         70,113         314,763              0
  Notes:     Waste deposited for years 1992 though 2007, projected waste quantities for 2006 and subsequent years, and soil cover
   (1)       quantities for 1998 though 2005 provided by Atlantic County Utilities Authority.
       (2)   Airspace Consumed values for end of year 1992 through 2007 and cover material used from1994 though 1997 based on
             Annual Topographic Surveys as submitted to NJDEP. Values adjusted to reflect 12 month reporting period. Negative
             value for airspace at end of 1994 reflects use of steepened intermediate slopes between Cells 1 and 2.
       (3)   Airspace consumed (2008 and beyond) uses the following conversion factors:
                                        Estimated in-place waste density:         0.8 Ton/cy
                        Estimated fraction of volume consumed by cover
                                                                 materials:   15.0%
                                        Estimated in-place cover density:      1.485 Ton/cy
       (4)   Capacity based on Adjusted Net Capacity Estimates in Table 5.
       (5)   Adjusted airspace for Cells 1-6 to consist of Construction/demolition waste and cover only. Filling began prior to 2008
             In accordance with permit modification but addition to total capacity was allowed by major permit modification of May
             2008
       (6)   Cells 7, 8 and 9 volumes based on information in email of volume summary provided by Post Buckley Schuh & Jernigan
             to NJDEP November 19, 2007. Cells 8 and 9 volumes were provided in detail. Volume in Cell 8 was calculated by
             permitted volume minus all constructed cells and cells 8 and 9.


The Authority has also additional methods to increase disposal capacity and extend the life of the
landfill. In April 2005, the Authority by the permit modification is permitted to conduct landfill mining
and leachate recirculation to recover airspace in the areas where non-putrescible waste was placed
and enhance degradation of the putrescible waste, respectively.

Landfill Mining

The Authority contracted with Gannett Fleming for permitting and Operational Plan for the landfill
Mining of Cells 1 and 2 in 2004. These two cells were filled prior to the acceptance of Type-10
municipal waste at the facility. The mining of the cells will include the excavation of the landfilled
materials, the materials would then be screened to separate the waste from material that may be
pulverized and re-used as cover at the landfill. The report estimates the amount of reusable soil at
70% of the volume of each cell, the remaining 30% of non-reusable materials will be landfilled in
one of the active cells. Given an airspace volume of 306,510 CY and 715,362 CY for Cells 1 and 2
respectively, a net gain of 715,310 CY could be expected, providing an increase in landfill longevity
of 1.85 years. (This life extension is not included in Table 6.) The detailed Operations Plan for this
project was submitted to the NJDEP and a minor permit modification was granted to the Authority
on April 18, 2005. The Authority began landfill mining the week of December 15, 2005 and
completed its initial operations in March 2005. Mining is to be conducted during the period between
Labor Day and Memorial Day, the low season for incoming waste, as a means of cost effectively
utilizing staff on a year round basis. The initial activity focused on relocation of asbestos containing
materials to prepare for more high volume excavation and material processing and was completed


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in March 2006. Approximately 1,960 cubic yards of cover and waste materials were relocated
during 2005 and 2,605 were relocated in 2006. No mining activity was conducted in 2007 or 2008.
The mining activities were predominantly limited to areas atop Cells 1 and 2 that had significant
quantities of Type-10 municipal waste, resulting in low processing capacity. Bulk excavation and
removal was not feasible due to the limited capacity within the presently constructed cells. As a
result mining was deferred until such time that there was sufficient capacity in the operational cells
to accommodate the excavated Type-10 waste and non-reused material. Therefore, mining activity
has been deferred to no earlier than 2014, if implemented. The partial closure of the landfill
planned for 2009, may limit the potential for landfill mining.

Leachate Recirculation/Bioreactor

The Authority contracted with SCS Engineers, P.C. in 2004 for permitting and design of the
leachate recirculation system. A detailed design & operational plan was submitted to the NJDEP
and a minor permit modification was granted to the Authority on April 18, 2005. Permit Condition 77
of the April 18, 2005 permit modification and Permit Condition 78 of the May 20, 2008 permit
modification allow for the recirculation of leachate in Cells 7, 8 and 9. The Authority constructed
support infrastructure in 2005 generally consisting of a leachate diversion manhole and piping
connections. In 2006, the Authority completed the leachate recirculation distribution trenches within
Cell 7 and 8 began recirculation in the spring of 2006. The Authority has used its own personnel to
the extent practical to construct the leachate recirculation system. No work was performed in 2008.
 Previously planned work ahs been deferred to beyond 2014. Future work has been budgeted
beginning in 2009. When implemented, recirculation may also result in additional settlement of the
landfill. This settlement is not included in Table 6.

Landfill Gas

In August 2003, the Authority received a permit modification for a landfill gas (LFG) collection
control system that had been designed by Shaw-EMCON/OWT. It is noted that the Authority began
active gas collection prior to placement of the final cover system and prior to regulatory compliance
mandating its installation. The gas collection & control system helps with odor control as well as
capturing and controlling a potent Greenhouse Gas (Methane). The LFG is greater than 50%
methane and methane is 21 times more destructive to the ozone then carbon dioxide (CO2). The
initial system installed in 2004 consists of 18 LFG wells, collection headers, LFG Flare, Blowers and
a condensate "knock-out pot". This system became operational in mid August of 2004. Since
2004, the system has been expanded incrementally. In 2008, The Authority installed 19 horizontal
trenches and associated lateral pipes. Additional incremental drilling of gas wells and installation
horizontal collection trenches and associated lateral and header pipes in planned in 2009.
Additional vertical wells may be installed based on a recommendation by SCS Engineers, P.C. In
the areas impacted by the planned closure in 2009, the existing landfill gas wellheads and lateral
and main pipelines will be modified to accommodate the final cap construction.

In 2004, the Authority signed a contract with DCO Energy & Marina Energy (combined a.k.a.
Atlantic County Landfill Energy or ACLE) to design and built an energy generating facility that
utilizes the LFG on our property. Through the contract with ACLE, the Authority will realize greatly
reduced energy cost for the whole site. The contractor has installed a 1.6 MW Engine/Generator.
The Authority will use approximately 25% of the Energy produce with the remaining 75% going to
the grid. The 75% going to the grid will be enough to provide approximately 7,000 homes with a
years worth of electricity. Grants for this project were shared 50/50 with the ACLE and ACUA.
ACUA also by contract shares in the Renewable Energy Certificates (RECs) generated by the

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project through reduced energy costs. In December 2005, the agreement was amended to allow for
a second and third engine/generator. Air permitting for the second engine was secured by the
operator and the second generator, a 1.9 MW Engine/Generator manufactured by GE Jenbacher
was installed and became operational in August 2006. This agreement also included the
installation of a stand-by generator to be used by the Authority for essential functions when
electricity is not supplied to the ACUA due to shut down of the engine/generators for maintenance
or other outages. ACLE also installed the 3 emergency generators in 2006: one at the Geo-
Building, one at the scalehouse and one at the fuel island. ACLE obtained a permit modification in
2007 and the third unit, 1.9 MW Engine/Generator manufactured by GE Jenbacher was installed
and became operational in November 2007.

The need for a second and third generator was necessitated by the additional gas being generated
by the Authority’s landfill. Landfill gas generation and recovery information was reviewed and the
gas generation projections for the facility were updated as part of the 2005 report. In 2008 the gas
collection and control system captured and treated by flaring or combustion for electrical generation
an approximately 1,567 standard cubic feet per minute (scfm) up 116% from 2005. Using the
conversion factors and engine efficiencies in the contract, this corresponds to approximately 8.1
MW. Landfill gas recovery since 2004 is shown in Figure 2. 2004 system information only includes
November and December.) Generation and recovery estimates prepared by Shaw and SCS for
the period between 2008 and 2014 are presented in Table 7.




                                                 FIGURE 3
                                     LANDFILL GAS RECOVERY 2004-2008
                                   ATLANTIC COUNTY UTILTIES AUTHORITY
                                           2008 ANNUAL REPORT

                     1800
                     1600
                     1400
   GAS FLOW (SCFM)




                     1200
                     1000                                                                  LFGTE
                     800                                                                   Flare
                     600
                     400
                     200
                       0
                            2004        2005      2006        2007           2008
                                                  YEAR




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As the landfill is not yet required to have a Gas Collection and Control System pursuant to the
Clean Air Act’s New Source Performance Standards, the gas system is considered a voluntary
system by the Chicago Climate Exchange (CCX), notwithstanding the NJDEP’s solid waste
regulatory requirements, and as such is eligible to sell its current greenhouse gas credits through
the exchange. In December 2006, the Authority became a member of the exchange and is actively
trading its credits on the open exchange market. The revenues received for this are included in the
Authority’s operational budget under miscellaneous revenue.



                                        TABLE 7
                           LANDFILL GAS GENERATION 2008-2014
                          ATLANTIC COUNTY UTILITIES AUTHORITY
                                  2008 ANNUAL REPORT
                     SCS Estimate of           Shaw Estimate of       Shaw Estimate of LFG
          Year    Maximum LFG Recovery        LFG Recovery Rate         Generation Rate
                      Potential (scfm)             (scfm)                   (scfm)
          2008              2,365                   1,605-1,070            2,140-1,427
          2009              2,464                   1,838-1,225            2,450-1,633
          2010              2,551                   2,098-1,399            2,798-1,865
          2011              2,626                   2,402-1,601            3,203-2,136
          2012              2,692                   2,751-1,834            3,668-2,445
          2013              2,749                   3,130-2,086            4,173-2,782
          2014              2,798                   3,446-2,297            4,595-3,063



In 2007, the Authority retained SCS Engineers PC to provide a perform a variety of services related
to the landfill gas management system, including an evaluation of the capacity of the existing
system and the impact of the permitted expansion on system capacity; a state-of-the-art (SOTA)
analysis of available destruction technologies; potential treatment of sulfur dioxide and siloxanes,
which although minor components, can impact the ACLE equipment; and design of supplemental
flaring capacity.

In addition to the landfill gas collection and control system, the Authority has begun using misters to
act as an odor masking agent for potential odors emanating from working face. The Authority had
two units in 2006 and purchased a third operational unit in 2007. This program was introduced to
address complaints from homeowners at a new development adjacent to the facility boundary.

4.1.3 Recycling Center and Collection

The 58,500 square-foot Recycling Center processes recyclables from municipalities in Atlantic
County and some private haulers within the market area. (See Table 2.) Residential collection is
provided by the ACUA to 20 Atlantic County municipalities on a bi-weekly basis and commercial
collection on a weekly basis. In addition, the ACUA provides recycling processing services to
private haulers on a fee basis. In 2008, the Authority recycled 34,960 tons of material, a decrease
of 3.91% compared to 2007 but consistent with the 10 year average of 34,835 between 1998 and

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2007.

Recyclable materials handled at the facility include newspaper, mixed paper (newspaper inserts,
magazines and catalogs, mail, and telephone books); corrugated cardboard and brown bags;
high-grade office and computer paper; tin, bimetal, aluminum cans; plastic bottles (soda, milk,
water, bleach, and dish and laundry detergent); 5-gallon plastic buckets; and glass bottles and jars.

In prior years, the recycling collection system operations have been refined in various ways to
increase cost efficiency while still providing the same level of service. Recyclables are received
commingled to reduce collection times. In 2002, the Authority reassigned the two man preventative
maintenance and repair crew from the main shift to a second shift, resulting in a reduction of down
time. Previously the shifts were reduced from two to one shift per day while processing the same
quantities. In early 2008, based on then existing market conditions, the decision was made to, aside
from source separated corrugated stock, to utilize a single stream approach for sale of recyclable
materials. In March 2008 the recycling center ceased material separation operations and, aside
from the cardboard paperstock operations, the recycling processing equipment was “mothballed.”
The Authority made appropriate staffing adjustment.

The Authority continued to collect paper as one stream and other commingled materials as a
second stream for the remainder of 2008. Effective January 1, 2009, the Authority collection was
for singe stream and informed the public of this change through several public outreach programs.
Collection crew sizes have been reduced from two to one man crews by the addition of new semi-
automated side-loading recycling collection trucks. These trucks provide reduced manual labor
requirements and further cut down collection times. The Authority installed a computer tracking
system for recycling collection during 1998. This system enables the Authority to track man-hours,
stops, tonnages, and any other relevant information regarding each collection activity. The system
is establishing a baseline for routing systems and controlling manpower distribution. In 2003, the
Authority initiated a pilot program for tracking collection vehicles. The program consisted of the
installation of GPS tracking units on a limited number of trucks linked to a GIS computer tracking
system. The Authority has expanded its use of GPS tracking to include all of its solid waste
vehicles including collection vehicles, supervisor vehicles, and compost delivery trucks. The
Authority has seen a significant increase in productivity under the program and has continued with
this program since 2004. The Authority utilizes temporary workers for collection/recycling in the
peak summer months to augment their full time staff. The change to single stream collection has
further increased operational efficiency.

4.1.4 Composting Facility

On April 22, 1992, the NJDEP issued a Solid Waste Facility Permit for the Composting Facility.
This facility is permitted to process leaves, grass clippings, tree branches, clean wood, brush, and
Christmas trees. In 1994, the permit was amended to expand the capacity of the facility to 82,000
cubic yards of waste per year. New Jersey State regulations adopted in December 1996 re-
classified this facility as a Class "C" recycling center, thereby reducing regulatory requirements and
fees. The Authority currently has yard waste collection contracts with nine (9) of the 23
municipalities within Atlantic County. In 2008, the composting facility processed 20,245 tons, a
5.9% increase over 2007 and on the upper end of the relatively consistent levels experienced in
2006 and 2001 through 2004.

Prior to 2002, the Composting Facility encompassed approximately five active acres located within

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the landfill boundary (Cells 6 and 7) with adequate visual and odor buffering. To accommodate the
subgrade construction of Cell 6 that began in the last quarter of 2001, the composting facility was
partially relocated to an area near the transfer station and outside of the landfill boundary. Initial
clearing, grading and subgrade preparation was conducted in 2001 with the remainder of the
compost facility development was completed in 2002. The new compost facility includes paved
areas to facilitate turning of compost windrows.

In 2006, the remainder of the composting operations located adjacent to the disposal areas was
relocated to the area near the Transfer Station. Yard waste is deposited in a staging area in the
compositing area. A tub grinder processed branches, brush, and trees into mulch. This mulch was
used as a bulking material to improve aeration in the compost. Leaves and grass in combination
with the mulch were formed into windrows, which, when fully composted, are used to make compost
based products. There were no changes to the operations in 2008.

 The Authority successfully markets six products: compost marketed as “EcoSoil”, sand and soil
mix marketed as "EcoTopsoil", shredded hardwood mulch under the name "EcoMulch", shredded
roots under the name of "EcoRoot" Mulch, and wood chips under the name "EcoChips".
"EcoChips" product is also colored red by using an environmentally friendly colorant and then
marketed as colored "EcoChips". These finished products are located in the front of the
Composting Facility. Materials are sold to the public by the cubic yard and are available for delivery
for an additional delivery fee. “Ecosoil” is bagged and sold to distributors by the pallet and the
public on a per bag basis.

4.1.5 Maintenance Center

The 17,000-square-foot Maintenance Center was completed in April 1992. Located in the central
section of the Environmental Park, the Maintenance Center includes ten service bays, a wash bay,
tire storage, parts storeroom, offices, lunchroom, locker room, and one loading bay.

The Maintenance Center sufficiently maintains and services over 360 acres of buildings and
grounds and a fleet of approximately 70 vehicles and 30 pieces of specialized equipment with a
thirteen man crew. This crew consists of mechanics, and supervisory personnel. The Maintenance
Center has a well-stocked parts department and systems typical of modern service garages.
Equipment includes a complete pneumatic system for lubrication, hydraulic lifts, and an exhaust
evacuation system. The facility can accommodate all routine and non-routine servicing of the
Authority's vehicles including bodywork.

The Maintenance Center also includes a fueling station with one 10,000-gallon underground
gasoline storage tank, two 10,000-gallon underground diesel storage tanks, a leak detection system
for these underground tanks, and fuel pumps with automatic card readers. The center has external
contracts with the City of Absecon, Absecon Board of Education, and the Absecon Police and Fire
departments for vehicle refueling.

The Authority is investigating switching part of the fleet to Compressed Natural Gas (CNG) as the
fuel source. The Authority has entered into a consortium that includes the City of Newark, the
Atlantic City Jitney Association and Waste Management of NJ (Camden). This consortium is
pursuing state grants for conversion to CNG fleets. The Authority is planning, based on grant
funding, to install a CNG fueling station that would be added to the refueling area.



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In 2006, work began on improvements identified in a 2005 study performed by Pennoni Associates.
Construction of the new truck wash in the wash bay was deferred to 2009. The previously planned
new service bay, capable of handling larger landfill equipment, has also been deferred. The
recommended hydraulic lift system has been replaced by portable hydraulic jacks, purchased in
2007, providing similar maintenance capabilities, but at a substantially reduced capital cost.

4.1.6 Mainland Administration Building (GEO Building)

The Mainland Administration Building was completed in November 1993. This 22,000 square foot
two-story building includes offices, file rooms, a lunchroom and kitchen, restrooms with locker and
shower facilities, and a loading bay. The building and parking area cover approximately four acres.
The Authority's Administration, Finance, Purchasing, Law, Human Resources, Engineering, and
Public Relations Offices are located in this building.

The Mainland Administration Building features a geothermal heat pump system to provide heating
and cooling. The geothermal system uses a network of pipes that extend 200 feet below ground.
This network maintains the circulating water for the heat pumps at a near constant temperature of
55 degrees Fahrenheit. A standby electrical generator was installed by ALCE for the building in
2006 so that the Authority’s computer system will operate continuously, even in the event of a
failure of the electrical generating system. Work on upgrading the HVAC system began in 2006
and was completed in 2007.

4.2     Capital Programs and Expenditures

Table 8 summarizes the anticipated six (6)-year capital plans for each solid waste cost center, the
Transfer Station, Composting Facility, Landfill, and Recycling Center and Collections, and the
Maintenance Center. The capital plan identifies the planned capital improvements to the facility for
2009-2014 to maintain the current level of service. The costs are as provided by the Authority and
are in 2009 dollars. The total value is also provided in future dollars, using the 10 year floating
average implicit price deflator value, 2.40% provided by NJDEP. The Authority’s six (6)-year capital
plan generally meets the future needs of the System as discussed below.

4.2.1 Transfer Station

This category includes capital expenses related to the transfer station building, equipment used to
operate the transfer station and transfer vehicles used deliver waste to the landfill and, if applicable,
other receiving facilities. (The agreement with Waste Management of Pennsylvania (WMPA) calls
for WMPA to provide its own transfer vehicles). In 2008 no repairs or improvements were budgeted
for the transfer station. No repairs or improvements were expended in 2008, except for an
expenditure of $9,125 for upgrades of the air handling systems pollution control equipment in order
to achieve regulatory compliance. This work appeared reasonable and necessary. Loaders, fork
lifts, transfer trailers and trucks are on a replacement schedule that appears reasonable, necessary
and adequately funded. For 2009, $150,000 for push wall replacement and equipment and vehicle
replacement are planned. In the out years, money has been allocated for unspecified building
repairs. The facility has had an ongoing need for repairs to the building, including floor and
drainage systems, on a regular basis. This allocation appears reasonable, necessary and
adequately funded.



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                                                                            TABLE 8
                                                            CAPITAL IMPROVEMENT PLAN (2008 – 2014)
                                                         ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                                                     2008 ANNUAL REPORT
Improvement by Facility                                2008 Budget       2008 Actual           2009          2010         2011            2012          2013         2014
Transfer and Recycling Facilities
Loader Replacements                                                $0       $400,400           $440,000      $484,000     $532,400        $585,640      $644,204     $708,624
Tractor Replacement                                         $118,000        $162,271           $240,000      $112,000     $114,240        $118,525      $118,855     $121,232
Trailer Replacement                                         $110,000        $103,000            $55,000       $56,100      $57,222         $58,366       $59,534      $60,724
Skid Steer/Fork Lifts                                         $25,000              $0                 $0      $35,000            $0              $0      $40,000            $0
Transfer Station Air Control                                       $0          $8,769                 $0            $0           $0              $0            $0           $0
Building Repairs                                                   $0              $0          $150,000       $50,000            $0              $0      $50,000      $50,000
Sub-Total                                                   $253,000        $674,440           $885,000      $737,100     $703,862        $762,531      $912,593     $940,580
Recycling Center and Collection
Collection Vehicles                                        $1,075,000      $1,699,325       $1,375,000      $1,512,500    $600,000        $621,000      $642,735     $665,231
Roll Off Truck Replacements                                 $135,000               $0          $150,000      $155,000     $160,000        $165,000             $0    $175,000
Routing Software                                             $75,000               $0                 $0            $0     $20,000               $0      $20,000            $0
Recycling Center Air Control                                       $0          $9,125                 $0            $0           $0              $0            $0           $0
Recycling Center Upgrades                                  $3,000,000       $105,600                  $0            $0   $3,500,000      $3,500,000            $0           $0
Compress Natural Gas Filling Station                               $0              $0       $2,500,000              $0     $50,000               $0            $0     $50,000
Subtotal                                                   $4,285,000      $1,814,050       $4,025,000      $1,667,500   $4,330,000      $4,286,000     $662,735     $890,231
Composting Facility
Excavator/Compost Equipment                                 $500,000               $0          $248,500             $0           $0              $0     $273,350     $278,817
Tub Grinder                                                 $600,000        $285,000                  $0     $800,000            $0              $0     $900,000            $0
Covered Compost                                                    $0              $0       $1,000,000              $0           $0              $0            $0    $430,000
Subtotal                                                   $1,100,000       $285,000        $1,248,500       $800,000            $0              $0   $1,173,350     $708,817
Landfill
Compactors                                                  $850,000               $0          $850,000             $0    $860,000               $0     $880,000     $900,000
Landfill Dump Truck Replacements                            $350,000               $0          $175,000      $360,000            $0       $372,600             $0    $185,500
Landfill Paving                                             $100,000               $0          $100,000             $0           $0              $0      $50,000            $0
Bulldozer Replacements                                             $0       $101,627                  $0     $833,800            $0        $98,325      $900,000            $0
Gas Collection System and Flare                               $65,000       $365,186           $843,369       $65,000      $65,000         $65,000      $150,000      $70,000
Engineering and Design                                      $638,105        $363,685           $650,868      $663,885     $677,163        $700,864      $725,394     $750,783
Landfill Bioreactor                                                $0              $0                 $0            $0           $0              $0            $0           $0
Landfill Mining                                                    $0              $0                 $0            $0           $0              $0            $0           $0
Litter Fencing                                               $50,000               $0           $50,000       $50,000      $50,000         $50,000       $55,000            $0
Cell /MSE Wall Construction                                        $0      $4,257,519                 $0    $4,583,088           $0      $3,561,576            $0   $4,000,000
Cell Closure                                                $400,000               $0          $400,000      $400,000     $400,000        $400,000      $400,000     $400,000
Subtotal                                                   $2,453,105      $5,088,017       $3,069,237      $6,955,773   $2,052,163      $5,248,365   $3,160,394    $6,306,283
Maintenance Center/ Miscellaneous
Water Truck/Sweeper                                         $200,000               $0          $330,000       $75,000            $0              $0     $300,000            $0
Vehicle Replacements                                          $40,000         $25,602           $40,000       $40,000      $40,000         $41,400             $0           $0
Security & Communications                                     $50,000              $0           $50,000             $0           $0              $0     $100,000            $0
Maintenance Building Improvements                           $735,000        $187,790           $500,000             $0           $0        $50,000       $25,000            $0
GeoBuilding Improvements                                    $225,000           $4,218          $210,000             $0           $0       $100,000       $50,000            $0
Vista Building                                                     $0         $13,852                 $0            $0           $0              $0            $0           $0
Scalehouse Upgrades                                                $0               0          $800,000             $0           $0              $0      $50,000            $0
Subtotal                                                   $1,250,000       $231,462        $1,930,000       $115,000       $40,000       $191,400     $525,000             $0
Grand Total (2008 dollars)                                 $9,341,105      $8,092,969      $11,157,737     $10,275,373   $7,126,025     $10,488,296   $6,434,072    $8,845,911
Grand Total (Adjusted for inflation)                       $9,341,105      $8,092,969      $11,157,737     $10,521,982   $7,472,179     $11,261,722   $7,074,337    $9,959,610
                        (1)    Inflation is 10 year moving average as determined by NJDEP: 2.40%
                        (2)    This line item is funded by grants and not included in total.


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4.2.2 Recycling Center and Collection

This category includes capital expenses related to the recycling center and collection vehicle fleet.
In 2007 Authority is considering single stream recycling collection to maximize the efficiency of the
collection operations and allocated $3,000,000 for year 2008 to perform the significant upgrades of
the recycling center to allow for processing of single stream recyclables. However, given the market
conditions that existed in the first quarter of 2008, the Authority made the decision to cancel the
planned upgrades for processing single stream recycling and market the unsorted recycled
materials. This would mean that there are two commodities sold by the Authority on the recycling
market: source separated cardboard stock and unsorted recyclables. This approach has increased
the types of recyclables accepted into the system by plastic codes 1 through 7 as opposed to
plastic codes 1 and 2 which were able to be processed by the existing equipment. This transition
occurred in March 2008, and the recycling processing equipment, with the exception of the bailing
equipment, was mothballed. Capital expenditures consisted of cardboard bailer upgrades and air
handling system upgrades required to achieve regulatory compliance for a total of $114,725.

With respect to transportation costs, the Authority has included a program to replace portions of the
recycling fleet with compressed natural gas (CNG) vehicles and install a compressed natural gas
filling station in the vicinity of the existing fuel dispensary. The plan is to purchase 5 trucks per year
over a three year period between 2008 and 2010 and install the CNG filling station in 2009. The
CNG filling station is to be funded through grants. The budget amount for the CNG station is $2.5
million. The use of CNG vehicles should reduce fleet fuel and maintenance. The roll-off truck
budget for 2008 was not expended and the purchase was deferred to 2009 and included in the
capital plan for 2009. The collection vehicles are on a replacement schedule that appears
reasonable, necessary and adequately funded.

4.2.3 Composting Facility

This category includes a replacement of composting equipment: compost windrow turners, grinders,
and equipment for material handling. In 2008 a new tub grinder was procured as planned. Other
planned equipment purchases were deferred to 2009 and new compost handling equipment is
planned for 2009. Additionally, a planned enhancement of the facility to provide covered
composting operations is included in the 2009 budget in the amount of $1.0 million. The longer
term equipment replacement schedule appears reasonable, necessary and adequately funded.
The compositing operations previously conducted within the footprint of Cell 10 have been
relocated to the main composting site. The Authority had previously indicated that it is considering
relocating a portion of the composting operations to accommodate the relocation of the grinding and
chipping operation in order to recapture the previous capacity. Costs for the construction of a new
paved area to support operations and, if applicable, costs for property acquisition, have not been
included.

4.2.4 Landfill

Landfill Construction Costs

Landfill Cell Construction in 2007 consisted of construction of the Cell 10 containment system. The
construction began in July and was substantially completed prior the end of 2007. The TCAO to
operate the cell was issued by the NJDEP January 31, 2008. Capital costs for the project, including

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construction fees, construction quality control and construction certification fees and construction
quality assurance fees were encumbered from the 2007 budget and paid in 2008 in the amount of
$4,257,519. Future construction is scheduled in 2010, 2012 and 2014, which comports with the fill
schedule shown in Table 6. Additional cell construction is beyond the timeframe of the capital plan
shown in Table 6.

Money previously allocated for landfill mining and leachate recirculation has been eliminated form
the budget for 2008 and beyond. The costs for litter fence budgeted for 2008 was deferred to 2009
and included in the 2009 capital budget with ongoing installation of new litter fencing consistent with
the filling of waste in new areas or the landfill footprint. Similarly, the cost for paving budgeted for
2008 was deferred to 2009 and included in the 2009 capital budget and is included for 2013. This
would address the ongoing deterioration of the existing paving by providing a timely replacement of
worn bituminous concrete paving. This also appears necessary and adequately funded. These
budget amounts for 2009 and succeeding years are consistent with the approved engineering
designs and appear reasonable, necessary and cost effective.

Landfill Gas System

The Authority in 2008 continued with its incremental installation of landfill gas wells and associated
headers. The 2008 budget included $65,000 for incremental gas well and horizontal trench
construction. Total actual 2008 expenses included installations of new wells and header piping as
well as the previously encumbered (from 2007 capital budget) system modifications to achieve Title
V air quality program permit compliance. Total costs expended in 2009 were $365,186 and in line
with the budget plus previously encumbered money. The capital plan has similar incremental
construction for years 2009 and beyond similarly budgeted. This cost for the incremental
construction of the landfill gas collection portion of the gas system is reasonable, necessary and
adequately funded.

As alluded to above, costs related to permit compliance and expansion of the gas treatment system
are addressed. These include sufficient capacity of the gas treatment system in light of the
increasing gas generation, consistent with the landfill expansion and emission limits relative to the
Authority’s Title V air quality program permit. In September 2007, the Authority issued a request for
proposals for additional engineering work related to improvements to the landfill gas system. These
included design and construction of a treatment system for sulfur in the gas system, installation of a
continuous monitoring system, evaluation of the design changes for the system to exceed the
landfill as treatment system’s capacity of 3,000 scfm and landfill gas system design for the
expansion areas. Monies were encumbered in 2007 for the design and construction of the landfill
gas system improvements and preparing a major modification to the facility’s Title V permit, and as
noted above were expended in 2008. Portions of this work were in response to the Authority’s
ACO. In October 2007, the Authority retained SCS Engineers to perform these services.
Construction of the system modifications began in 2008 and the modification of the Title V permit
was applied for in 2008. As of the end of 2008, the application for permit modification was under
regulatory review. The state-of- the-art (SOTA) analysis prepared by SCS Engineers contained in
the permit application materials included an additional flare to be operated by the Authority in the
event that the landfill gas to energy system is unavailable. Costs for the flare are included in the
2009 capital budget. The money allocated for these items appears reasonable, necessary and
adequately funded.




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Landfill Equipment and Engineering Costs

Money has been allocated for replacement of landfill operating equipment and engineering
services. In 2008, a new compactor and landfill dump trucks were budgeted. These expenditures
have been deferred to 2009 and 2010. The capital plan has a schedule for the replacement of
compactors, bulldozers, and landfill dump trucks in the subsequent years. Engineering services are
included in this category and include services related to the expansion permitting and other ongoing
projects and engineering support for the various construction activities for the landfill. These items
appear reasonable necessary and adequately funded. The longer term equipment replacement
schedule appears reasonable, necessary and adequately funded.

Landfill Closure

Landfill closure and post closure care is addressed by two funding mechanisms: the landfill closure
renewal and replacement fund and the New Jersey DEP closure and post closure care escrow
fund, which is funded separately. The purpose of the landfill closure and post closure funds are to
finance the closure of the final cell and post-closure care costs for the entire landfill. The Landfill
Capital Plan has allocated $400,000 per year for landfill closure to be contributed to the landfill
closure renewal and replacement fund. Although budgeted, no contribution was made in 2008.
The December 2008 year end balance of the landfill closure renewal and replacement fund is
$10,764,057. The New Jersey DEP closure and post closure care escrow fund is financed by a
$1.00 per ton escrowed contribution from the tipping fees for all waste deposited directly into the
landfill or into the landfill through the transfer station. Contaminated soil included as landfill
amendment is not subject to this fee. The value of the landfill closure and post closure fund as of
December 31, 2008 is $4,807,229. Therefore the total of the two funds allocated for closure and
post closure is $15,571,286.

In accordance with the permit modification of May 2008, the landfill was to receive final cover over
the entire site in the year following cessation of landfill operations. In February 2009, the Authority,
concurrent with its biannual submission of the update of the closure and cost closure care plan,
requested a minor permit modification to allow approximately 21 acres to be closed in 2009. This
plan was approved by the New Jersey DEP May 12, 2009. The areas to be closed are not
impacted by the remainder of the 2008 expansion permit modification and would have little impact,
if any, on the contemplated vertical expansion. The areas generally consist of the completed
sideslopes along the sites southern face and the portions of Cells 1 and 2 (the eastern peninsular
area shown on Figure 2) not effected by the proposed retaining walls along portions of the site
perimeter. One purpose of this partial final capping is to allow the capped portions of the landfill to
be used for the installation of solar electrical generating panels. The Authority has entered into
discussions with NJDEP and potential vendors and has determined that this would be an income
producing use of the completed areas of the landfill and, based on the success of a similar project
in Pennsauken NJ, anticipates full cooperation from NJDEP for the project. NJDEP indicated in its
May 12, 2009 approval letter determined that for a surface mounded solar field, a minor permit
modification would be required. The May 12, 2009 permit modification also includes that
$2,721,901 be withdrawn from the NJDEP care and post closure care escrow fund in 2009 for this
purpose. That amount is the estimated closure cost for the 21 acres contained in the cost estimate
portion of the biannual update of the closure and post closure care plan in 2009 dollars. Closure of
this portion of the landfill will make the previously approved landfill mining program for this area
moot.



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Using the information in the 2009 closure and post closure care plan update prepared by Shaw
Environmental, Inc., closure costs are calculated to be $128,392 per acre in 2009 dollars. This
means that there is an allocation of approximately 3.4 acres to be closed each year. Post closure
care is for a 30 year period and is, based on the above referenced plan $11,341,537 in 2009
dollars. The total closure and post-closure care cost estimate is $ 33,341,774 in 2009 dollars.
Based on the which based on the information in Tables 4 and 6, the landfill, absent approval of
additional capacity from a vertical expansion, would reach capacity in 2028 and closure would begin
that year. Taking into account that 21 acres would be closed in 2009, the projected closure and
post closure care requirements in 2029 dollars would be $ 33,349,774 using the 10 year moving
average for inflation recommended by the NJDEP. The combination of the existing funding and
proposed contribution rates, the closure and post closure care plan will be adequately funded
assuming the rate of return on investments of 6% contained in the NJDEP approved closure and
post-closure financial plan would be $46,087,210. Therefore, consistent with these assumptions,
the closure and post closure care can be considered adequately funded. If the renewal and
replacement fund were to be used independently to finance closure, its present value would be able
to close approximately 84 acres using the per acre cost above.

Closure and post closure care liability can also be computed using the procedures identified in
Governmental Accounting Standards Board (GASB) Statement No. 18. This standard provides for
the accrued closure and post-closure care liability to be calculated based on percentage of disposal
capacity, multiplied by the total closure and post closure costs, adjusted to present dollars. This
information is provided in Table 9.

4.2.5   Maintenance Center/Miscellaneous

This item includes capital projects associated with facilities in the complex that are not described
above, including the maintenance center, scale and scalehouse, and administration building as well
as overall site access and replacement of Authority personnel vehicles.

For 2006 and 2007 improvements to the maintenance center, including retrofitting the existing
equipment maintenance bays with 2 to 3 larger hydraulic lifts and a wash station for heavy
equipment and upgraded lighting were planned. The retrofitting of the bays with the hydraulic lifts
was cancelled and replaced the purchase by portable hydraulic jacks that performed the same
function, but at a substantially reduced cost. Also planned for 2008 is the construction of an
automatic truck wash. The authority received bids and rejected them and deferred the truck wash
to 2009. The Authority also deferred the purchase of a new street sweeper from 2008 to 2009 and
money is sufficiently allocated in the 2009 budget.

A new heating ventilation and air conditioning (HVAC) system was planned to replace the 14 year
old system in the administrative building in 2006 and 2007. Completion of the work was deferred to
2009 and the budgets shown in Table 8 were adjusted accordingly. The interior upgrade of the
conference room was also included in the budget for $5,000 and was completed in 2008 for $4,218.

Computer and security system upgrades are allocated in 2008 and 2010 and there is a schedule for
staged replacement of fleet vehicles. An upgrade of the scalehouse and scales is planned for
2009. This includes replacement of the truck scales and modernizing of the system. These items
appear to be reasonable, necessary and adequately funded.




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                                             TABLE 9
                                    ACCRUED CLOSURE LIABILITY
                                FOR YEAR ENDING DECEMBER 31, 2008
                           ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                       2008 ANNUAL REPORT
                                                                                 Cumulative
                                                                Cumulative       Fraction of
                Waste          Cover          Airspace           Capacity         Permitted           Total           Incremental
               Deposited      Material       Consumed           Consumed          Capacity           Accrued            Accrued
  Year           (ton)         (ton)              (cy)             (cy)             Used             Liability          Liability
  1992         43,344           ---             15,515              15,515              0.3%           ---                 ---
  1993         80,942           ---            186,181             201,696              3.3%           ---                 ---
  1994         86,501         38,859           136,811             338,507              5.5%           ---                 ---
  1995         76,337         24,144           114,722             453,230              7.4%           ---                 ---
  1996         61,293         24,943           131,546             584,776              9.6%           ---                 ---
  1997          84,824        70,821           199,641             784,417             12.8%           ---                 ---
  1998         165,458        90,413           357,608           1,142,025             15.1%           ---                 ---
  1999         233,724        179,000          406,884           1,548,909             20.5%       $3,408,805              ---
  2000         234,880        180,204          463,612           2,012,521             26.7%       $4,549,583           $1,140,778
  2001         279,772        239,862          574,537           2,587,058             34.3%       $5,872,427           $1,322,844
  2002         311,300        193,387          470,628           3,057,686             40.5%       $7,293,468           $1,421,041
  2003         380,784        212,987          612,696           3,670,382             47.1%       $8,101,900            $808,431
  2004         365,436        150,997          550,865           4,221,247             54.2%       $9,488,381           $1,386,481
  2005         299,173        156,763          506,790           4,728,037             60.7%      $10,850,705           $1,362,324
  2006         329,173        102,242          419,800           5,147,837             66.1%      $16,694,978           $5,844,273
  2007         289,100        124,075          378,639           5,526,476             70.9%      $18,335,173           $1,640,195
  2008         259,522        157,900          387,044           5,913,520             41.3%      $10,915,749          -$7,419,424
  Notes:
   (1)         For 1992 though 1997 total permitted capacity is 6,106,420 cubic yards
       (2)     For 1998 though 2002 total permitted capacity is 7,544,770 cubic yards
       (3)     For 2003 though 2007 total permitted capacity is 7,793,657 cubic yards
       (4)     For 2008 and beyond total permitted capacity is 14.33 Million cubic yards
       (5)     Airspace used in 2008 based on Annual Topographic Surveys conducted December 28, 2007 and December 31,
               2008, proportionally adjusted for calendar.
         (6)   Values for Airspace Consumed, Waste Deposited and Cover Material prior to 2008 from Table 6 2007 Annual
               Engineer's Report, Shaw Environmental, Inc., June, 2008.
         (7)   Waste Quantities for 2008 are provided by Atlantic County Utilities Authority's scale records. Cover Material includes
               materials identified as landfill amendment.
         (8)   Closure Costs for 1999 through 2002 are based on Closure Costs contained in Appendix C to the Final Operation and
               Maintenance Manual, Volume 1 of 2, revised June 15, 1999, adjusted for inflation using an inflation factor of 2.72%
         (9)   The Closure Costs for 2003 through 2006 are based on the Closure and Post Closure Plan Updated for the ACUA
               Landfill prepared by SHAW/EMCON/OWT Solid Waste Services, last revised March 2003, adjusted for inflation using
               the 10 year average inflation rate per US Department of Commerce, Bureau of Economic Analysis GDP and other
               NIPA Aggregates.
      (10)     Permitted Airspace for years 2006 and prior obtained from 2003 Annual Topographic Report prepared by JCA
               Associates, as referenced in the 2004 Closure and Post Closure Care Accounting Requirements Under Governmental
               Accounting Standards Board Statement No. 18 Prepared for Atlantic County Utilities Authority by T&M Associates,
               March 2005.
      (11)     Permitted Airspace obtained for years 2008 and beyond obtained from NJDEP Permit May 20, 2008 for 15.33 million
               cubic yards. Closure and Post Closure costs are from Appendix A to the Engineer's report for the May 20, 2008
               permit application prepared by Post Buckley Schuh & Jernigan, in 2008 dollars.
      (12)     Incremental Accrued Liability includes change in present worth due to inflation rate.



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4.3    Inspection of System Components

Shaw conducted a visual inspection of the Atlantic County Utilities Authority Environmental Park
and conducted interviews with Authority personnel in January 5, 2009. A reinspection was
conducted on March 23, 2009 to document deficiencies noted in the January inspection were
corrected. In addition to the inspection of the system components, Shaw evaluated System
management policies and permit compliance.

Interviews with each of the facility managers revealed a universal commitment to increasing cost
efficiency wherever possible. Observations of the facility employees showed competent and highly
motivated crews. All persons interviewed demonstrated a level of professionalism and competence
commensurate with their responsibilities and demonstrated a working knowledge of the applicable
system component and associated responsibilities.

The following sections detail the inspection findings of each of the System components.

4.3.1 Transfer Station and Bulky Waste Recycling Center

The Transfer Station was observed to be properly and efficiently operated within permit
requirements and remains in good structural condition. The transfer station appeared to be
operating in compliance with the requirements of the NJDEP Solid Waste permit and there were no
reported permit violations of the solid waste permit related to the transfer station during 2008. (The
NJDEP solid waste permit covers both the transfer station and the landfill.) The NJDEP air quality
permit for the Transfer Station Dust and Odor System was approved on January 20, 2004 and is set
to expire on January 19, 2019. The prior violation for exceeding the drop across the filter bags in
the transfer station air handling system and resolved in accordance with the administrative consent
order dated April 26, 2007. The bags were replaced and the Authority was determined to be in
compliance with the administrative consent order.

In 2008 there were no modifications or repairs to the building or tipping floor. The floor trench areas
that had been repaired in 2007 appeared adequately maintained. Wear plates were installed over
trenches in high traffic areas to help reduce wear. See Photograph 1. Also in 2007, portions of the
tipping floor had been replaced. The tipping floor appeared to be well maintained and not in need
of additional repair. See Photograph 2.




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                                       Photograph 1
              Floor Trench Removal/Replacement and Reconstructed Tipping Floor




                                          Photograph 2
                 Transfer Station Tipping Floor Showing Reconstructed Surfaces

The housekeeping was in overall good condition and the building appeared to be in generally good
condition. Photograph 3 shows the area of the tipping floor where Type-10 municipal waste is
stockpiled prior to removal of the waste to the landfill after sunset. The push walls scheduled for
rehabilitation in 2008 were only visible from the rear side due to the material stockpiled in front of
the push walls during the inspection. The rear of a push wall is shown in Photograph 4. Some
buckling or bulging of the plates between the lateral supports and deterioration of the wear plates
were observed. No additional capital needs were identified during the inspection.

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                                          Photograph 3
                                 Type 10 Municipal Waste Stockpile




                                         Photograph 4
                        Transfer Station Tipping Push Wall (Rear View)


Portions of transfer station not used for daily operations contained stockpiles of single stream
recycle materials. These areas are shown in Photographs 5 and 6.



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                                         Photograph 5
             Transfer Station Tipping Floor: Stockpiled Single Stream Recyclables




                                         Photograph 6
             Transfer Station Tipping Floor: Stockpiled Single Stream Recyclables


4.3.2 Landfill

The landfill, leachate management tank and building, and appurtenances (leachate collection,
storage and pumping system, backup emergency generator, and heavy motor equipment) were
observed to be in operating condition appeared to be adequately maintained and general

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housekeeping appeared to be in order. The landfill’s areas of intermediate cover were stable, and
generally contained well established vegetation in those areas that had received intermediate
grades for at least 6 months. The drainage channels were well stabilized and did not show
evidence of excessive erosion. Litter was kept to a minimum and the landfill active area had
appropriate amounts of cover material. The facility is adequately staffed and operations are in
compliance with the current solid waste permit requirements. All surface water management
systems (drainage channels, culverts, and sediment basins) appear to be functioning properly.

The ACUA continued to receive and dispose of Type-10, Type-13, Type-13C, and Type-27 waste in
accordance with its NJDEP permit. The NJDEP permit allows non-putrescible waste to be
deposited during daylight hours and limits Type-10 municipal solid waste to be landfilled from one
hour after sunset to one hour before sunrise in order to mitigate any bird behavior from nearby
Atlantic City Airport. During the daily operations of the Transfer Station, the Type-10 waste is
loaded into roll off containers and transported to the working face of the landfill at night. In 2008 the
ACUA landfilled 209,451 tons of Type-10 waste and 50,071 tons of non-putrescible waste.

The landfill working face was observed and appeared to be in conformance with the permit
requirements. The landfill working face was located in Cell 10, the portion of the landfill constructed
in 2007. The working face appeared to have good housekeeping and operational practices, as
shown in Photograph 7. Clean soil cover was placed on areas having exterior slopes or slopes that
would not be covered with new waste in the near future. In areas where waste would be placed in
the immediate future, alternative cover materials are utilized. Photograph 8 shows stockpiles of
contaminated soil or “landfill amendment” utilized as an alternative daily cover material in areas
where clean soils were not required. A tarp cover system is also used as an alternative daily cover.




                                           Photograph 7
                                        Landfill Working Face




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                                           Photograph 8
                                  Stockpiled “Landfill Amendment”

The leachate management system appeared to be functioning and in good repair. Landfill
operation in Cell 10 included installation of litter fence and operation of an odor control system. The
odor control system is shown in Photograph 9 and is a wheel mounted misting system that can be
relocated as the working face progresses the length of the cell. The odor control system is located
between the working face and the new residential development located near the site perimeter.

The landfill gas collection and management system was observed and appeared to be functioning
properly. The landfill gas collection consists of a network of wells and above ground collection
piping. No odors or evidence of leakage was observed during the inspection. Gas wells and
associated piping is shown in Photographs 10 and 11. Gas is conveyed to through a series of
blowers to the three electrical generating units operated by ACLE. The blowers are shown in
Photograph 13 and the generating units are shown in Photograph 14. Prior to reaching the blowers
gas flow is monitored using a flow meter shown on Photograph 12. The facility also includes an
enclosed flare shown in Photograph 15. Excess quantities of gas are treated using a portable gas
flare shown in Photograph 16. Use of the gas flare was associated with several of the items in the
two ACOs in 2007. The Authority is undertaking design services for a replacement of the flare and
the flare is operating under the conditional operations granted under the conditions of the ACOs.
New permitting and design activity, including replacement of the unit with a new enclosed took
place in 2008. The Authority has paid the fines contained in the ACOs and is in compliance with
the schedule of actions. Engineering work for a major permit modification to the Title V air quality
permit was performed in 2007 and 2008 and it the application for a major modification to the Title V
air quality permit was under regulatory review at the end of 2008.




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                                       Photograph 9
                                    Odor Control System




                                         Photograph 10
                          Landfill Sideslope with Gas Extraction Well

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                                         Photograph 11
                          Landfill Sideslope with Gas Extraction Well




                                         Photograph 12
                         Landfill Gas to Energy Facility Flow Recorder




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                                           Photograph 13
                           Landfill Gas to Energy Facility Blower Station




                                             Photograph 14
                                    Landfill Gas to Energy Facility

Landfilling activities during 2008 covered portions of to Cells 5, 6, 7, 8, and 10 with the vast majority
of the waste placed in Cell 8. Fill in Cells 5 and 6 were to achieve final sideslope grades to
accommodate closure of those areas planned for 2009. In 2009 it is anticipated that the majority of
the waste will be placed in Cell 10.




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                                        Photograph 15
                                     ACLE Landfill Gas Flare




                                       Photograph 16
                       Temporary Gas Flare for Excess Gas Management

Construction activities in 2008 included installation of 6 new landfill gas wells and related header
piping and the final “punch list” items from the construction of Cell 10. The NJDEP issued a
Temporary Certificate of Operation (TCAO) to use the constructed Cell 10 on January 31, 2008
which was valid until the permit was issued, May 20 2008. Concurrent with the permit action of May
20, the Department also accepted the certification of construction for Cell 10 so it would operate
pursuant to the permit modification of that date.


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4.3.3 Recycling Center and Collection

An inspection of the recycling facility and interview of the operations manager was conducted in
January 5, 2009. The majority of the operations within the recycling center ceased in March 2008
when the Authority decided to discontinue processing of commingled recyclables and market the
unsorted recyclable materials. For the remainder of 2008, the Authority collected and received two
recycled material waste streams: paperstock and mixed recyclables. For 2009, processing of
source separated cardboard may continue, as shown in Photograph 17. Subsequent to the
ceasing of the sorting operations, market demand for unsorted recyclables, as well as individual
material types decreased substantially from the high levels experienced in mid-2008. As a result
the Authority stockpiled materials within the recycling center and, with NJDEP notification and
approval, other location in the complex: the transfer station and unused paved portion of the
composting facility.

Collection crew sizes have been previously reduced from two to one man crews by the addition of
semi-automated side-loading recycling collection trucks. These trucks provide reduced manual
labor requirements and further cut down collection times. Beginning in January 2009, the Authority
changed its collection to single stream collection. This change allows the use of compact type
collection vehicles to be used as opposed to the loose collection vehicles used previously. This
along with the conversion of the fleet to CNG powered vehicles will increase the cost efficiency of
collection services.




                                       Photograph 17
                       Processing of Source-separated Cardboard Stock

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                                          Photograph 18
                                       Stockpiled Paperstock

4.3.4 Composting Facility

At the time of inspection, composting operations were observed at the area across the central
access road from the transfer station. The area north of Cells 7 and 8 was no longer in use as its
location interfered with landfill construction. The facility appears to be operating in accordance with
its solid waste facility permit. The tub grinder and compost turner were reported by the ACUA to be
functioning properly. No compliance issues were noted for the year 2008 with respect to the
composting facility. Photograph 19 shows yard waste, including Christmas trees, stockpiled prior to
grinding and placing in windrows and Photograph 20 shows the active management of the compost
using a windrow turner.

The Authority received permission form NJDEP to stockpile recyclable materials on the unused
paved areas of the composting facility. These stockpiles are covered with plastic and shown in
Photograph 21.

For 2008, the Authority had eleven (11) yard waste collection contracts with the municipalities of
Absecon, Brigantine, Buena Vista Township, Egg Harbor City, Hamilton Township, Linwood,
Longport, Northfield, Ventnor, Weymouth, and as of February 1, 2008, Ocean City, Cape May
County.




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                                       Photograph 19
                            Stockpiled Materials to be Composted




                                      Photograph 20
                                   Windrow Being Turned




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                                         Photograph 21
                              Finished Product and Sand Stockpiles




                                         Photograph 22
                           Single Stream Recyclable Material Stockpile

4.3.5 Maintenance Center

This facility is in satisfactory condition and is meeting the needs of the waste management facilities
as well as other agencies that have contracted with the ACUA for refueling services. Waste oil and
hydraulic oil storage tanks were generally stored in double-contained areas and appeared

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adequately maintained, as shown in Photograph 23 and 24.




                                       Photograph 23
                             Double Containment for Storage Tanks




                                       Photograph 24
                             Double Containment for Storage Tanks

The lifts in the truck bays appeared be undersized for the equipment utilized by the Authority and
were supplemented by new hydraulic jacks in lieu of the replacement of the lifts as originally
planned for 2007. The jacks purchased and used are shown in Photographs 25 and 26.


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                                   Photographs 25 and 26
                           Hydraulic Jacks for Maintenance Facility

4.3.6 Mainland Administration Building (GEO Building)

This building structure and interior appear to be in excellent condition and appears well maintained.
 The stand-by emergency generator installed by June 2006 by ACLE as part of their amended
agreement with the Authority is shown In Photograph 27. There is adequate space within this
building for future growth. Improvements to the HVAC system conducted in 2006 were not
observed during the inspection. The HVAC system improvements scheduled for 2007 and 2008
were deferred to 2009. The renovation of the conference room includes projection screens for
video presentation and ability for meeting participants to be connected to the Authority’s computer
network.

4.3.7 Scale House

The Authority currently employs three qualified weigh masters with a maximum of two being at the
scale house at any given time. Each of the two scales is functioning properly and is sufficiently
maintained. However, the scale decks are worn. The scales are calibrated quarterly and are
maintained through a contract with a scale vendor, consistent with standard industry practices.
Also, the approach areas adjacent to the scale decks are showing signs of rutting/pavement failure.
 An upgrade of the scales and facility, including addressing the noted capital needs is scheduled for

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2009 and 2010.




                                     Photograph 27
                  Emergency Generator for Mainland Administrative Building




                                     Photograph 28
                        Emergency Generator for Scalehouse Building

4.4    Liability Insurance

The Authority maintains general liability and automobile insurance coverage through Zurich
Accident Insurance Company. Worker’s compensation is covered by New Jersey Manufacturers
Insurance and excess liability insurance is maintained by State National Insurance Company.

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Additionally, the Authority maintains professional liability through Continental Casualty Company.
According to information provided by the Authority, worker compensation and accident insurance
claims remain at a reduced level. The Authority has taken measures to improve safety, including
adding new and safer trucks to the ACUA fleet, implementing more intense safety and training
programs, and requiring all drivers that work for the ACUA have a Commercial Drivers License and
pass all the appropriate tests.

According to the Authority, there were no lost-time accidents within the environmental complex.

Appendix I contains the Certificate of Insurance for coverage during 2008.




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5.0    COST EFFICIENCY

The Authority has demonstrated a commitment to increasing cost efficiency in the solid waste
management system operations. Under the Solid Waste Facility permit’s modifications and most
recent renewal, the Authority proposed landfill design modifications to the liner and capping
systems that reduce future material and construction costs and increase landfill space considerably
(see Section 4.1.2). By performing its own sub-grade filling and compaction beginning with Cell 3,
the Authority is minimizing outside contracting costs (see Section 4.1.2).

Currently, the ACUA is authorized by the NJDEP to receive Type-10 municipal solid waste in the
Landfill. Due in part to depressed waste flows, the ACUA terminated its agreement with the
Cumberland County Improvement Authority (CCIA) to transport Type-10 municipal waste from the
ACUA transfer station and landfill to the CCIA facility in Deerfield Township upon its expiration in
May 2008. It maintained its agreement with Waste Management of Pennsylvania, Inc. (WMPA) to
transport Type 13C waste from the ACUA transfer station to its disposal facilities. In 2008, the
ACUA transferred a total of 33,993 tons of waste: 8,498 tons of Type-10 municipal waste and
25,495 tons of Type 13C construction/demolition waste to CCIA and WMPA, respectively. This
conserves additional capacity while reducing the need for additional staff during the peak
operational (high) season. However, depressed quantities experienced in 2008 limited the
effectiveness of this cost saving measure.

An indicator of efficiency within the landfill portion of the facility is the Landfill Utilization Ratio
(LUR). The landfill utilization ratio is expressed as density and is calculated by dividing tons of
waste by cubic yard air space consumed. Table 10 shows calculated LURs for the years 1992
through 2008.

Since 2002, landfill utilization has generally increased due to more judicious use of landfill cover
soils and use of alternative cover materials, including using construction/demolition waste as a
cover over municipal waste in areas of continuous operation and due to the larger, heavier landfill
compactors used at the site. In 2006, the landfill utilization had increased in part to do the
curtailment of contaminated solid, termed “landfill amendment” used as cover material or direct
disposal. Using less cover material per ton of solid waste landfilled, results in higher LURs. Note
that the landfill utilization ratios are incremental and do not reflect the consolidation/settlement of
the previously filled areas. The LUR for 2006 also appears to reflect settlement of the underlying
waste that may be the immediate result of leachate recirculation as well as overall settlement and
from waste degradation.

Cover soil usage, including use of contaminated soil, impacts the overall landfill utilization ratio.
The Authority has taken steps in prior years to reduce the amount of soil used in the landfill. The
Authority has tarps approved for alternative daily cover and utilizes it on a regular basis. It also
uses construction/demolition waste to cover the municipal waste at the end of daily operations of
the municipal waste cell to eliminate the needed for additional soil cover. However contaminated
soil, if considered cover material and not waste, takes up a significant fraction of the landfill. Since
2002, clean soil has been used exclusively for intermediate cover on final exterior slopes. While
this use has been very limited as shown in Table 11, the increase in 2007 is primarily due to filling
of construction demolition Type 13 C waste along the outer edges of Cells 2 and 4 to achieve the
steeped slopes approved by the 2003 permit modification. These thinner lifts along exterior slopes
necessitated higher amounts of clean soil usage. The lower values experienced in 2008 appear to
be related to the daily waste cell geometry of placing waste on sideslopes prior to closure and initial

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waste placement in Cell 10, as well as the increased acceptance of contaminated soil accounted for
as cover material.


                                        TABLE 10
                   LANDFILL UTILIZATION RATIOS FOR 1992 THROUGH 2008
                     ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                  2008 ANNUAL REPORT
                         Waste Deposited          Cover Material            Airspace                 Landfill Utilization
       Year                   (ton)                   (ton)               Consumed (cy)                Ratio (lb./cy)
       1992                   43,344                    ---                     15,515                     1,232.4
       1993                   80,942                    ---                    186,181                     1,232.4
       1994                   86,501                  38,859                   136,811                     1,264.5
       1995                   76,337                  24,144                   114,722                     1,330.8
       1996                   61,293                  24,943                   131,546                      931.9
       1997                   84,824                  70,821                   199,641                      849.8
       1998                   165,458                 90,413                   357,608                      925.4
       1999                   233,724                 179,000                  406,884                     1,148.8
       2000                   234,880                 180,204                  463,612                     1,013.3
       2001                   282,896                 239,862                  574,537                      984.8
       2002                   331,329                 197,632                  505,233                     1,311.6
       2003                   380,784                 212,987                  578,091                     1,317.4
       2004                   365,436                 150,997                  550,865                     1,326.8
       2005                   299,163                 156,763                  506,790                     1,180.6
       2006                   329,142                 88,828                   419,800                     1,568.1
       2007                   289,100                 124,075                  378,639                     1,527.0
       2008                   259,522                 157,900                  387,044                     1,341.0
Notes:(1)   See Table 6 for detailed incoming waste information
      (2)   Year 1992 and 1993 reflects average values over 14 month period.
      (3)   Airspace Consumed for years 1994 though 2002 based on annual topographic updated as submitted to NJDEP,
            adjusted to reflect calendar years as presented in 2002 Annual Report and Certification, Gannett Fleming March 2003.
      (4)   Airspace Consumed for years 2003 and 2004 based on Table 5 of 2004 Annual Report and Certification as prepared
            by T&M associates March 2005, adjusted to reflect calendar years.
      (5)   Airspace Consumed for years 2005 through 2007 as shown on Table 10 of 2007 Annual Report and Consulting
            Engineer’s Certification as prepared by Shaw Environmental.
      (6)   Airspace Consumed for year 2008 based on 2008 Annual Topographic Survey and Report, adjusted to reflect
            calendar years. 2008 Waste and Cover Quantities Tonnage as provided by ACUA.


In 2005, the Authority replaced its compactor with a larger payload compactor, with over 110,000
pounds dead load capacity to achieve greater compaction. (In 2008 the initial lifts of waste over the
Cell 10 floor was not compacted using the heavy equipments in order to protect the lining system.)
While in 2005, the additional compaction was not readily discernable in terms of landfill utilization
because of the skewing effect of the increase in “landfill amendment” and the change in ratio of
municipal waste to construction/demolition waste experienced in 2005 with the diversion of the
majority of construction/demolition waste to Waste Management of PA landfills, it has contributed
greatly the increased value in 2006. The slight drop in 2007 and continued drop in 2008 is due to
the filling of the steepened sideslopes and corresponding usage of larger amounts of soil cover, as
well as the lower utilization ratio associated with placing the initial lifts in Cell 10.

The decision to cease sorting operations in March 2008 at the recycling center provided cost

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scviang what was evident prior to the overall depressed demand and market pricing experienced in
the recycled material commodity markets at the end of 2008. Recycling center revenue includes
the sum of collection contracts with various Atlantic County communities and customers in addition
to the sale of recyclable materials. Effective February 1, 2008 the Authority entered into an
agreement with Ocean City, Cape May County to provide collection services for its recycling
materials and collection and processing services for its vegetative waste and NJDEP Type 13
waste, white goods, effective February 1, 2008. (Cape May County’s waste system captures its
Type 10 municipal waste to its facility in Woodbine NJ but allows individual municipalities to collect
and process composted vegetative waste and white goods.) The Authority also began collection
services for Ocean Township, Ocean County effective July 14, 2008. Recycling center costs
include operating cost of the recycling facility and cost associated with collection activities. The
Authority was able to determine that the cost of sorting the mixed recyclables was greater that the
additional revenue gained by selling the individual materials separately. This appears to be held
true even in the depressed material markets experienced in late 2008. The Authority has stockpiled
materials to cushion the impact of lower prices experienced in late 2008. The improvements in
revenue versus costs are shown graphically in Figure 4. While revenues in 2008 have leveled off
due to depressed material demand, the Authority has increased revenues from the collection side
by adding out-of county municipalities for recycling collection. Further improvements are
anticipated in 2009 with the advent of single stream collection and the phasing in of the compressed
natural gas (CNG) powered collection vehicles.

                                      TABLE 11
                                 COVER SOIL USAGE
                    ATLANTIC COUNTY UTILITIES AUTHORITY LANDFILL
                                2008 ANNUAL REPORT

                                        Clean                    Fraction               Airspace
                 Waste      Cover       Cover         Landfill   of Clean    Airspace   used by
               Deposited   Material    Material     Amendment     Cover     Consumed     Clean
       Year      (ton)       (ton)       (ton)         (ton)        Soil        (cy)       Soil
       2002     311,300    193,387      4,734        188,653      2.45%      470,628     1.49%
       2004     365,436    150,997     24,992        126,005     16.55%      550,885     6.74%
       2005     299,173    156,783     10,788        145,995      6.88%      506,790     3.16%
       2006     321,396     88,828     22,508         66,320     25.34%      419,800     7.96%
       2007     289,100    124,075     41,454         82,621     33.41%      378,639    16.26%
       2008     259,522    157,900     80,627         77,273     51.06%      387,044    30.93%

Efficiency has increased greatly in the solid waste operations over the years. In 1994, the only solid
waste facility operated by the Authority was the transfer station, which, in that year, employed 34
people and handled less than 300,000 tons of waste. Today, solid waste operations include the
transfer station, landfill, compost site, and waste collection, and the waste stream, even in the
depressed environment experienced in 2008, has increased by over 100,000 tons per year; yet the
number of employees remained almost constant. This employee base includes the specialized
professional staff needed to monitor the landfill in accordance with its permits, as well as
management personnel.




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                                                   Figure 4
                                       Recycling Center Cost Comparison

 $10,000,000
   $8,000,000
   $6,000,000                                                     Recycling and Collection
                                                                  Operations
   $4,000,000
                                                                  Recylcing and Collection
   $2,000,000
                                                                  Revenues
            $0
                 1994
                 1995
                 1996
                 1997
                 1998
                 1999
                 2000
                 2001
                 2002
                 2003
                 2004
                 2005
                 2006
                 2007
                 2008
                                   Year




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6.0    COST OF SYSTEM OPERATION

This section presents projections for each of the Authority's operating center costs from 2008
through 2014. Projected costs and revenues are summarized in Table 12.

6.1    Operating Expenses

The projected operating expenses of the Authority for 2008 through 2014 are summarized in Table
12. The operating expenses for ACUA Administration, Solid Waste Administration, Transfer Station,
Landfill, Compost Facility, Recycling Center, Collection, and Maintenance Center are summarized
in the table. Each line item represents the total operational expense for that category and includes
expenses for employee salaries and benefits, utilities, and taxes and fees. The table was
developed using actual expenses incurred during 2008 and budgeted expenses for 2008 and 2009.
 Budgeted expenses, with the exception of debt service, are inflated by 2.14% annually for 2010
through 2014. The 2.14% inflation rate is the 10 year moving average calculated by NJDEP
pursuant to N.J.A.C. 7:26-2A.9(f) effective April 2008.

6.2    Debt Service

Associated with the solid waste system revenue bonds, the debt service expenditures and debt
service reserve for 2007 through 2013 are summarized in Table 12. The debt service includes
funds for the repayment of 1992 bonds in accordance with the bond repayment schedule.

The State of New Jersey has provided payment of $5,630,737 in 2007 to the Authority for its debt
service. The state had previously provided the Authority debt service assistance since 1999. The
State of New Jersey had previously committed to continued assistance to waste authorities in
funding their debt related to solid waste facilities constructed pursuant to N.J.S.A. 13:1E. The
New Jersey Solid Waste Plan (NJDEP 2006) describes this level as a continuing obligation of the
state for the remainder of the loan period. Beginning in 2008, this payment was reduced to
$5,130,737.

The State of New Jersey has provided the Authority debt relief totaling $53,422,451 and loans
forgiven in an amount of $7,312,500 over the past 11 years, through 2009. The annual State of
New Jersey debt relief assistance has been reduced in 2008 and 2009 by a total of $1,000,000, or
$500,000 per year. The Authority continues to rely upon of the State debt service aid and will
continue to be dependent on this subsidy to balance the budget regardless of the State’s own
financial situation. These moneys have been promised by the State albeit by previous
administrations.

Capital debt service for construction of landfill Cells 9 through 11 and closure of landfill are funded
by separate Renewal and Replacement Funds. In 2006 the Authority made an additional
contribution of $2,859,112 to the closure Renewal and Replacement Fund. This fund is combined
with the NJDEP administered closure and post closure fund for the closure of the final disposal
area. the 30-year post closure period will be paid by the closure and post closure care fund,
administered by the NJDEP. The ACUA’s projections for the Renewal and Replacement Fund are
represented as an expense line item in Table 12 and are not represented in the debt service values.


Prior loans for individual cell construction have been paid and are not included as a line item.

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                                                            TABLE 12
                                                   EXPENSES AND REVENUES
                                              ATLANTIC COUNTY UTILITIES AUTHORITY
                                                      2008 ANNUAL REPORT

   Operating Expenses              2008          Actual 2008         2009             2010             2011             2012             2013             2014
ACUA Administration              $2,747,035      $2,633,792       $2,805,822       $2,865,866       $2,927,196       $2,989,838       $3,053,820       $3,119,172
Solid Waste Admin.               $717,836         $844,347         $733,198         $748,888         $764,914         $781,283         $798,003         $815,080
Transfer Station                 $5,468,646      $3,685,280       $5,585,675       $5,705,208       $5,827,300       $5,952,004       $6,079,377       $6,209,476
Landfill                         $6,178,766      $6,063,792       $6,310,992       $6,446,047       $6,583,992       $6,724,890       $6,868,802       $7,015,795
Composting                       $446,372         $524,091         $455,924         $465,681         $475,647         $485,826         $496,222         $506,841
Recycling Center                 $1,908,380      $1,499,081       $1,949,219       $1,990,933       $2,033,539       $2,077,056       $2,121,505       $2,166,906
Collections                      $5,147,599      $5,160,253       $5,257,758       $5,370,274       $5,485,197       $5,602,581       $5,722,476       $5,844,937
Maintenance                      $4,316,825      $4,639,917       $4,409,205       $4,503,562       $4,599,938       $4,698,377       $4,798,922       $4,901,619
Debt Service                     $8,217,443      $8,127,443       $8,230,860       $8,244,613       $8,256,943       $8,274,403       $8,287,952       $8,287,952
Capital Program
Equipment &
Improvements                      $9,341,105       $5,570,444     $11,157,737       $10,275,373      $7,126,025      $10,488,296        $6,434,072       $8,845,911
Lease Purchase                            $0        $125,253               $0                $0              $0               $0                $0               $0
Prior Year Adjustment/
Cancelled PO                                $0      ($55,152)                 $0               $0               $0               $0               $0               $0
Prior Year Expense/Bad
Debt                                        $0        $30,000                 $0               $0               $0               $0               $0               $0
Debt Service Reserve                        $0               $0               $0               $0               $0               $0               $0               $0

            Total               $44,490,007      $38,848,541      $46,896,389      $46,616,445      $44,080,691      $48,074,553      $44,661,152      $47,713,689
           Revenues
Interest on Earnings             $830,000         $484,448         $847,762         $865,904         $884,434         $903,361         $922,693         $942,439
Collections                      $6,126,910      $8,594,294       $6,258,026       $6,391,948       $6,528,735       $6,668,450       $6,811,155       $6,956,914
Recycling Center                 $2,690,891          (2)          $2,748,476       $2,807,293       $2,867,370       $2,928,731       $2,991,406       $3,055,422
Transfer Station Revenues        $123,603            (5)           $126,248         $128,950         $131,709         $134,528         $137,407         $140,347
EcoProduct Marketing             $425,300         $937,233         $434,401         $443,698         $453,193         $462,891         $472,797         $482,915
Compost Service Fee              $498,624            (3)           $509,295         $520,193         $531,326         $542,696         $554,310         $566,172
Miscellaneous                    $909,668        $1,472,797        $929,135         $949,018         $969,327         $990,071        $1,011,259       $1,032,899
Lease Revenue                    $190,000            (5)           $194,066         $198,219         $202,461         $206,794         $211,219         $215,739
Contaminated Soil                $896,260         $893,185         $802,082         $818,124         $834,486         $834,486         $834,486         $834,486
Tip Fees                        $23,575,229      $20,171,219      $24,079,739      $24,595,045      $25,121,379      $25,658,977      $26,208,079      $26,768,932
Grant Revenue                       $0               $0               $0               $0               $0               $0               $0               $0
State Subsidy/DSRF               $5,130,747      $5,130,747       $5,630,747       $5,630,747       $5,630,747       $5,630,747       $5,630,747       $5,630,747
Total                               $41,397,232  $37,683,923      $42,559,977 $43,349,140 $44,155,168  $44,961,732   $45,785,557    $46,627,012
           (1) Includes canceled contracts and write-off of bad debts.
           (2) Included in Collections.
           (3) Included in EcoProduct Marketing.
           (4) 2008 actual value for capital program equipment and improvements does not include $2,305,635 allocated for closure as a
           contribution to
               the renewal and replacement fund.
           (5) Included in miscellaneous



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           134667.01000000
.   6.3   Renewal and Replacement Fund

In 1995, the Renewal and Replacement Fund was established to provide for the repair and
replacement of major facility equipment but does not provide for landfill cell construction. The goal
of this fund is to minimize the indebtedness of the Authority. For 2009 through 2019, appropriations
will be budgeted for the Renewal and Replacement Fund in order to cover the costs associated with
the non-capping line items in the Capital Plan as shown in Table 8.




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7.0    GENERATION OF REVENUE

This section presents the budgeted and actual solid waste operational revenues for 2008 and
projected operation revenues from 2009 through 2014.

7.1    Tipping Fees

The “Tip Fees” line item Table 12 shows budgeted and actual 2008 revenues from tipping fees and
anticipated future tipping fees for waste delivered to the ACUA. The tipping fee rates for year 2009
were provided by the Authority. Future tipping fees have been inflated at a rate of 2.14% per year
and are based on a constant waste flow projection as provided in Table 4.

7.2    Collections and Product Sales

The ACUA receives revenue from the sale of recyclable and salvage materials. Revenues from
recycling material operations, collection fees, composting services, and Type-13 bulky waste
salvage operations at the Transfer Station are presented under the Collections row of Table 12.
The Recycling Center revenues include the sum of collection contracts with various Atlantic County
communities and customers as well as revenue from sale of recyclable materials. The Transfer
Station Revenues are the proceeds acquired by marketing recyclable materials separated at the
Transfer Station.

Additionally, the ACUA’s successful Eco Product marketing positively supplements its year end
revenues. The ACUA obtains its EcoProduct marketing revenue from the sale of the five products it
markets, Eco Mulch, Eco Soil, Eco Root, Eco Chips, and colored Eco Chips.

The Composting Service Fee line item is based on a per ton fee for the disposal of yard waste and
stumps.

7.3    Interest Income

The Authority earns interest income from its operating funds, debt service fund, and debt service
reserve fund. The expected interest accumulated by these funds is shown in the “Interest on
Earnings” line item in Table 12. The interest on earnings for 2009 and beyond has been assumed
to increase at a rate of 2.14% from the Authority’s 2008 budget value based on a similar increase in
revenue.

7.4    Other Sources of Revenue

The ACUA obtains solid waste revenue from leasing office, disposal of contaminated soil, and
revenues associated with the landfill gas to energy project. The contaminated soil, also know as
landfill amendment, is non-hazardous soil waste that is disposed of for a per ton fee. The landfill
amendment may also be used as daily cover and intermediate cover not exposed to exterior slopes
to reduce fill costs. Providing vehicle maintenance services to outside agencies also generates
revenue. These revenues are listed in the miscellaneous revenue line items found in Table 12.
Also included in the miscellaneous revenue is the fees received related to the landfill gas to energy
project, including contractual payment from the landfill gas to energy facility developer/operator and
sale of carbon credits. The 2008 and 2009 revenues in the table are based on information provided
by the ACUA, future revenue estimate have been increased by 2.14% annually.
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134667.01000000
8.0    CONCLUSIONS

In accordance with the bond resolutions and as ACUA’s Consulting Engineer, Shaw Environmental,
Inc. conducted a visual inspection of the Atlantic County Utilities Authority Environmental Park in
January 2009 and a reinspection in March 2009. Included was the inspection and evaluation of the
solid waste complex facilities and their associated operations. The ACUA complex is efficiently
operated and properly maintained.

The administrative and management philosophy of the ACUA have embraced its participation in a
competitive market as a result of the collapse of flow control. There is an organizational
commitment to continual improvement in service, revenue enhancement, and cost management
that is typically found in successful private enterprises. The management and non-management
staff of each facility demonstrated an ongoing commitment to improving cost efficiency and
increasing revenue where possible without sacrificing productivity or customer service. The
Authority is exploring for 2009 and beyond working with Atlantic County to capture additional flow
generated within the County.

In accordance with the Rate Covenant, the Authority is generating sufficient revenue to cover the
debt service requirements. The Authority’s Budget sufficiently appropriates funds for permitting and
regulatory fees, operating and non-operating expenses, and equipment repair and maintenance.

In accordance with the Service Covenant, the Authority is maintaining suitable solid waste disposal
and recycling services through proper management, construction, and maintenance of each facility.
 Based on the current information provided by the Authority and projected information, the
Authority’s long-term solid waste management plan was evaluated according to system waste
loadings, operational revenues and expenses, cost efficiency, and capital programs and
expenditures. Provided the landfill expansion is granted, each of the facilities has the capacity to
meet the future growth of Atlantic County.

In accordance with the Flow Control Covenant, the Authority is taking positive steps to minimize the
impact of adverse waste flow rulings. The Authority has priced services to be an active market
participant and taken measures to provide superior customer service including collection. The
Authority is continuing to implement cost efficiency measures, provide productivity enhancements,
and remain sensitive to financial markets in order to handle the uncertainties in the Federal and
State legislation and Court decisions.

All applicable permits needed for solid waste complex operation compliance are up-to-date and
maintained at the ACUA. The Authority received on May 20, 2008 a major permit modification
increasing the capacity of the landfill by over 6.5 million cubic yards to a total capacity of 14.33
million cubic yards. This additional capacity is projected to provide the landfill capacity beyond the
payment term of the 1992 Bonds. All applicable permits and insurance needed for solid waste
complex operation compliance are up-to-date and maintained at the ACUA. The solid waste permit
is set to expire in October 2009 and the Authority has contracted an engineer to prepare an
application for permit renewal in a timely manner. There are no outstanding compliance issues with
respect to permits and the Authority is in compliance with the terms of the administrative consent
order issued in 2007.



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134667.01000000
     APPENDIX I

INSURANCE CERTIFICATE
               APPENDIX II
INFORMATION PROVIDED BY THE AUTHORITY AND
            ASSUMPTIONS USED
The following is a summary of the principal assumptions and judgments used in this annual
report.

1.     Tip fees for regional facilities are the disposal fees in effect at the time the Annual Report is
       issued.

2.     Capital Costs are presented in Table 8.

3.     The annual debt service for the 1992 bonds will be as shown in Table 12 and is based on
       information provided by the Authority.

4.     Waste quantities will be as shown on Table 4.

5.     Capital expenditures will include a 2.14 percent escalation rate, rounded to the nearest
       0.1%. Closure costs are calculated at interest rate of 6% and inflation rate of 2.3 as
       recommended by NJDEP.

6.     Type-10 solid waste will continue to be disposed in the Authority’s landfill.

7.     The balance of the landfill closure fund, after completion of the final capping will be sufficient
       for post closure care requirements.

8.     Earnings from investments of cash assets will be used to reduce the tipping fee or increase
       capital and operational reserves.

9.     The Authority will continue to operate the system in a competent manner.

10.    The State of New Jersey will continue debt relief financial assistance as previously
       committed.

The following information was provided by the Authority and used in the preparation of this report:

1      NJDEP Solid Waste Facility Permit for Atlantic County Utilities Authority Limited Use
       Sanitary Landfill and Transfer Station/Materials Recovery Facility, October 7, 2004; NJDEP
       Minor Permit Modification, Atlantic County Landfill, April 18, 2005 and NJDEP Major Permit
       Modification, Atlantic County Landfill, May 20, 2008.

2      Temporary Certificate of Authority to Operate for Atlantic County Utilities Authority Limited
       Use Sanitary Landfill and Transfer Station/Materials Recovery Facility, May 9, 2007.

3      2004 Consulting Engineer’s Annual Bond Report and Certification, prepared by T&M
       Associates, May 2005.

4      2007 Annual Report and Consulting Engineer’s Certification for Atlantic County Utilities
       Authority Solid Waste Facilities prepared by Shaw Environmental, June 2008.

5      Cash Statement and Asset List, Escrow Account # 000136, Bank of New York, December
       31, 2008.

6      2009 Closure and Post Closure Plan Update, prepared by Shaw Environmental, February
       2009.
7    Letter by Joseph Lomerson, Supervisor, Office of Escrow Management and Billing, New
     Jersey Department of Environmental Protection, Division of Remediation Support, regarding
     Inflation/Interest Rates: Financial Plan-Sanitary Landfill Closure/Post-Closure, April10,
     2007`.

8    Financial Statements and Additional Information for the Years Ended December 31, 2008.
     2007 and 2006, Atlantic County Utilities Authority

9    Memorandum of Greg Banner Senior Engineer, Post Buckley, Schuh & Jernigan, to Jim
     Rutala, Atlantic County Utilities Authority, Regarding Preliminary Estimate of Landfill
     Expansion, November 19, 2004

10   Email of Greg Banner to Mark Searfoss of NJDEP regarding final estimate of landfill
     quantities, November 19, 2007.

11   Engineering Design Report, 1997 Permit Modification and Renewal for Atlantic County
     Limited Use Landfill, Atlantic County New Jersey Facility No. 0108N. Prepared by SE
     Technologies, Inc., October 1996 (without Appendices).

12   Engineering Drawings, 1997 Permit Modification and Renewal for Atlantic County Limited
     Use Landfill, Atlantic County New Jersey, Prepared by SE Technologies, Inc., Sheets LF-E1
     through LF-E43, October 1996.

13   Engineering Design Report, 1999 Minor Permit Modification for Atlantic County Landfill,
     Atlantic County, New Jersey, Facility No. 0108N. Prepared by Atlantic County Utilities
     Authority, May 1999 (with Appendix A).

14   Design Narrative and Calculation Brief, Atlantic County Utilities Authority
     Interim/Bypass/Ash Residue Landfill, Egg Harbor Township, Atlantic County, New Jersey,
     Volume 1, prepared by Hart Engineers, Inc., August 1989.

15   Host Community Benefit Agreement Rider between Atlantic County Utilities Authority and
     Egg Harbor Township, July 14, 1999.

16   Atlantic County 2008 Annual Budget Summary and 2009 Proposed Budget and Backup
     Information.

17   5-Year Capital Budget Projection and Loan Repayment Schedules.

18   2008-2014 Equipment replacement frequency and cost schedule.

19   2008 Disposal Record Summary

20   Memorandum of Understanding between the Authority and Waste Management of
     Pennsylvania, Inc. dated April 30, 1998.

21   Inter-district Agreement by and between Atlantic County Utilities Authority and County of
     Somerset, January 19, 1993.

22   1992 Bond Repayment Schedule

23   Feasibility Study for Expansion of the Atlantic County landfill, prepared by Gannett Fleming,
     Inc., December 2000.
24   Draft Design Review Memorandum: Gas System Evaluation, prepared by Gannett Fleming,
     Inc., January 2001

25   Compliance History Information as posted on the NJDEP web site for Facility No. 14339

26   Administrative Consent Order and Notice Civil Administrative Penalty Assessments issued
     by NJDEP, April 26, 2007 and December 24, 2007 and related correspondence

27   New Jersey Solid Waste Plan, NJDEP, 2006.