6.3. SR 03-15-2010 - Laserfiche WebLink

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~RIGG~ A~~ M~hGAN Eik River pity council Ma~•ch 1 ~, ~~ 1 ~ Page ~ withi~a the Sw~ ove~ra~ ~is~~ic~, And any ambiguity on ~h~s iss~.~ is ~~o~r~i~;e~ 'by the several applicable rules of canstructxon t~ be const~~ued in favor of ~RL. Id at 11 (emphasis added). Additionali~, ~RL's "positio~a" rega.~~dita~ its "~un~an~bi~u.aus'T right to dace the State- mandated ~a0-faat buffer autsid.e of the SwF overlay district was not "new." Rather far purposes of conaplyin~ with the St~.tennaandatc~. ~~o-foot b~.ffer under Sinn. ~, ~~~ 5.~8 ~ ~, su~bp. 4~~~~~}, "newest prape~~ty line" has at all relevant times been construed ~y ERr,, its sister company ~ui~asville Sanitaa~y Landfill a~ad MP~A to incl~.de all prapertY interests acquired by~ the land~li, including easements onto neighboring properties. See, ~,~,, :~~. ~ 6 i ~~R~'s ~l ~ ~1~~ letter clarifying to x.11 of its reg~.latars, including pity, tl~at Z4D-fort buffe~~ caaa he extended "beyond the property line if ~,de~uate easements a~•e in dace"}; fix. 1 ~~ ~~urnsville Sanita~r~ La~adfill's ap~raved 200~foot buffer is an ad~aceiat prape~~ty Pei' an easement}, And ERL is not running from the State~mandated ~~~~foat buffer, instead, ERIr, would, ce~asistent with its prior carrespondetace with pity and as s~.ggested by Judge ~arca at the January ~~, ~~~a hea~ng, ca~.ply with the StateMnaandated 2~~Mfa~t buffer by merely naaving the buffer onto tae adj~.cent property now owned by ~'ille~~, pursuant to an agreement with Tiller, even ~x~ore inr~po~~ta~.tly, ~RL's "position" that its ~0~-foot buffer can be located outside of the SwF overlay ~.istrict isa as discussed below, consistent with what pity has for at least the last ~ ~ years approved of for ERL,'s ongoing landfill operations. ~'~e l~elaw. ~~ ~'~ has fax at ~e~st the ls~ ~~. caxs a roved o~ "cow one~~s'~ o~ ~ f ~ ~~~~l o e~°a~~o~s znc~u+~.~~ ~.o~~to~.~xn. eXs aid ~.~~e~s ou~s~de of Abe w~ ~v~~r~~~_d~~~~~ct ",~A~11 canapanents necessary far the operation of a Solid waste Facilzty" have not been historically construed ~y ~RL and pity to have to be located within the SwF overlay district." exhibit l S7 iclenti~es and diagrams the following several "naanitering poznts float the ~, has outside the cu~~~ent [SwF overlay d~strlct~ boundary"; A Pie~ometers S~~~face water n~onitorilag Points in Rice LaiCelTibbxts ~rool~: F~~, PZ 1 ~ S, ~~ 1 ~~, ~ w- ~ 0, anti ~ w-13 - ~onitaring wells west of the walking path: .~-~~~~, P-3~~~~, ~-3~~~, P- 3~~ ~, pmt 13~, F-~ 14~, ~m3~~L - ,Motoring wells east of the walling path and. west of ~;RL prope~~y, P-~~~, P-~9~