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HomeMy WebLinkAboutB.F.I. Tire Recycles Augusta Richmond GA DOCUMENT NAME: b,\=". \ \\'(~ ~e-\3 DOCUMENT TYPE: CO\\t( 0.(, t YEAR: C\i BOX NUMBER: 0 d FILE NUMBER: \~O\~ NUMBER OF PAGES: '..d---\ .~~ I t,.......:1 ) AUGUST A-RICHMOND COUNTY COMMISSION LARRY E. SCONYERS Mayor ROOM 801 MUNICIPAL BLDG, (II) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRlGHAM HENRY H. BRlGHAM WILLIAM B, KUHLKE. JR. WM, "WILLIE" H. MAYS. III J, B, POWELL MOSES TODD ROB ZETIERBERG FREDDIE L. HANDY Mayor Pro Tern March 17, 1997 CHARLES R. OLIVER, P E. CPA Administrator JAMES B, WALL Anomey Ms. Lena Bonner Clerk, Commission 8th Floor, Municipal Bldg. Augusta, GA 30911 Reply to: p,O, BOX 2125 Augusta. GA, 30903 RE: Contract between B.F.I. Tire Recyclers of Georgia, Inc. and Richmond County, GA Dear Lena: I enclose herewith the original of the contract between B.F.I. Tire Recyclers of Georgia, Inc. and Richmond County, which contract was approved by the Commission at its regular meeting on March 4, 1997. Please place the original of this contract in the permanent records of the City. Thanking you and with best personal regards, I am JBW/sjp ery truly, Enclosure cc: Armando Totka [ .) , ,r I .l \ ',6 ~..A 1-..1. ~_, .6 :' AGREEMENT WHEREAS, on February 6, 1997, a contract was entered into between the Environmental Protection Division of the Department of Natural Resources and Augusta-Richmond County, a copy of same being attached hereto as Exhibit "An; and WHEREAS, Augusta-Richmond County has selected B.F.I. Tire Recyclers of Georgia, Inc., 138 Sherrel Avenue, Jackson, Georgia 30233, as the Independent Abatement Contractor; and WHEREAS, B. F. I. Tire Recyclers of Georgia, Inc., has agreed to perform and comply with the terms of paragraph 1 of the above referenced contract between the Environmental Protection Division and Augusta-Richmond County and to issue the certification required by paragraph 17(a) (2) of said contract; NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, Augusta-Richmond County and B.F.I. agree as follows: 1. B.F.I. shall be responsible for complying with the provisions of paragraph l(a) through (h) of the attached contract between the Environmental Protection Division and Augusta-Richmond County. 2. Augusta-Richmond County shall pay to B.F.I. for the contractor to load, transport, and deliver the collected scrap tires to a Georgia EPD approved processor, the sum of $95.50 per ton of tires, upon B.F.I.'s complying with the requirements of said paragraph l(a) through (h) 3. B.F.I., as part of this subcontracting agreement, 1 .\ .. , I , . I ~-.! I , ... ...... , ~ I hereby certifies to Augusta-Richmond County that a drug-free workplace will be provided for B. F. I . I S employees during the performance of this CONTRACT pursuant to paragraph 7 of section B of Code section 50-24-3. By: ~~h?wJ C erk 2 " I . r '" I . ~ i. 7 I ? ~ t , , CONTRACT Between the Department of Natural Resources Environmental Protection Division and Augusta-Richmond County STATE OF GEORGIA COUNTY OF FULTON STPC 121-16 ii ( THIS CONTRACT m,de thi, ~ d,y of PdJ, ~ clr~ .] 991 by ",d between the Environment'] Protection Division of the Depanment of Natural Resources, an agency of the State of Georgia (hereinafter referred to as "EPD"), and Augusta-Richmond County Board of Commission Councilpersons (hereinafter referred to as "G RANTEE"). WITNESSETH THA T: and WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of Georgia; and WHEREAS. Section 12-8-37,1. ofO,C.G.A. provides that EPD may grant and administer funds for the purposes specified therein: and and WHEREAS. certain funds were appropriated by the General Assembly for the purposes set forth herein; WHEREAS. GRANTEE warrants that it has the authority to expend monies for the purposes set forth herein: and WHEREAS. GRANTEE. in a duly held meeting, adopted a resolution. attached hereto and incorporated herein by reference. approving this CONTRACT and authorizing the acceptance hereof: NOW, THEREFORE. and in consideration of the mutual benefits flowing to each pany as hereinafter appear below. the parties mutually agree as follows: I, Scone of Proiect. EPD agrees to grant, and GRANTEE accepts, the sum of S20.055.00 to be used by GRANTEE for the abatement of scrap tires as described in GRANTEE'S Scrap Tire Clean-Up Program Application (hereinafter referred to as "Exhibit A"), which is attached hereto and incorporated by reference. The GRANTEE is responsible for ensuring that the selected comracror(s) comply with the following. The contractor(s) shall: (a) Secure all :loprovals. permits. 1.D. :\'umbers required by local. State. and Federal governments. Il 1/ E '" f\ : P:--\ f\ - / I' , I I . , \b) Remove all whole scrap tires. PTEs. processed tires. tire shreds, or other tire products from the site(s). as described in Exhibit A. IC) Transport all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products to facilities approved by EPD. as described in Exhibit A. ( I) EPD does not allow a person to dispose of a scrap tire into a solid waste landf1.ll. The Director of EPD recognizes that there are some specific types of tires which cannot be recycled. Earth moving off-the-road tires, and tires f1lled with dirt, rock, or gravel may be allowed to be landfilled by means of wrinen approval from an EPD compliance officer. If any tires are disposed of into a solid waste landf1.l1 without wrinen approval from an EPD compliance officer. payment may be withheld by EPD. (d) Cover and re-vegetate in accordance with criteria established by EPD, those areas disrurbed by the scrap tire removal activity. Land disrurbed areas are to be stabilized in order to prevent the occurrence of soil erosion due to surface water run-off. (e) Dispose of any other solid waste as may be commingled with the scrap tires, or generated during the recovery of the scrap tires in accordance with local and state solid waste laws and rules. (f) Develop a road capable of allowing access to the tire stockpiles, if necessary. Said road shall be constructed in accordance with county standards. (g) Weigh and date each load of scrap tires and tire-derived products from a site separately at a certified public scale. Said weights for the scrap tires and tire-derived products shall be documented on separate weight tickets. Scrap tires and tire-derived products must be separately weighted at each point of transfer. (h) Weight tickets and log sheets must contain, at a minimum. the following information: ( I )Location the scrap tires or the tire-derived products are being transported from. (2)Location of markets the scrap tires or the tire-derived products are being transported to. (3)Loaded gross weight (must be scaled). (4)Vehicle tare weight (must be scaled each trip). (5)Net weight of the scrap tires of tire-derived products. (6)Weight tickets must be signed and dated by a weight station official. 2. Accountability. The GRANTEE agrees to expend the funds specified herein for the purposes stated, and to account for the funds in accordance with generally accepted accounting principles. 3. Pavment Schedule. Subject to the availability of funds for such purpose. EPD agrees to pay the GRANTEE in accordance with the following payment schedule: (3) Invoices shall be submined to EPD for review and approval. Approvable invoices will be paid within thirty (30) days of receipt. (b) GRANTEE may submit to EPD invoices for the amounts payable for perfonnance of work under this CONTRACT when the project has reached 100% completion. EPD may withhold payment of at least 25% pending verification by EPD of completion of all work required by this CONTRACT. 2 ( 1 , , (c) The total cost to EPO for the full performance of this CONTRACT shall not exceed the amount specified herein. GRANTEE shall notify EPD in writing whenever it appears to GRANTEE that the cost of completing the performance of this CONTRACT will exceed such cost. GRANTEE shall not be authorized to incur expenditures in the performance of the work contemplated by this CONTRACT in excess of the cost limitations. unless the cost limitations have been increased by amendment to this CONTRACT. (d) Request for payment shall be submitted within sixty (60) days of project completion. 4. Aooroval of Invoices. (a) Unless expressly waived in writing by EPD, GRANTEE'S invoices must contain the following: (I) Scrap tire pile location( s). (2) Verification of weight of tire shreds removed from the site. (3) Verification of weight of whole tires removed from the site for subsequent resale, recycling, processing or disposal as provided for in this CONTRACT. (4) Proof that any tire derived products or whole tires were received by the designated end user as provided in this CONTRACT, including the amount received. (b) Copies of weight scale tickets. manifests, purchase orders and any other supporting documentation must be maintained by GRANTEE and made available to EPO upon request for a period of two years after the final payment on this CONTRACT. 5. Hold Harmless Obli~ations. (a) GRANTEE shall hold EPD. its agents and employees. hannless from any and all claims resulting from or arising out of the grant. including, without limitation. damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with this CONTRACT. GRANTEE shall. at its own expense. be entitled to and shall have the duty to participate in the defense of the lawsuit if EPO gives GRANTEE immediate notice in writing of the institution of such suit. permits GRA;-';TEE to fully participate in the defense of the suit. and gives GRANTEE all available information, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim. loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, its agents and employees. in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees. for any damages that may result from or arise out of the disbursement of the funds hereunder. even if such claims or demands are made against GRANTEE. 6. Conflicts of I nterest. The undersigned GRANTEE hereby attests that all of the officials of GRANTEE have cenified that they have not violated any applicable contlict of interest law under either state law (O,C.G.A. ~~ 45-10-20-45-]0-28 and 36-67A-I-36-67A-4) or under any local ordinance, charter. rule or regulation and that they shall comply with same throughout the term of this CONTRACT. :3 I c{ :2. , ~ 1.), l-L :6. , , " J , Laws and Ordinances. GRANTEE will comply with all applicable Federal and State laws and all local ordinances. including those that govern the procurement of goods and services. \tonitorinlZ and Audits. L'pon requesL GRANTEE agrees to provide EPD with any infonnation EPD deems necessary to monitor perfonnance of this CONTRACT, and further agrees that these funds shall be included in the next regularly scheduled audit or financial statement and all subsequent ones until totally Jccounted for. GRANTEE understands that any unresolved fmdings. whether based on an audit report, r'inancial statement. or the final report shall preclude GRANTEE from applying for and receiving any further grants from the Scrap Tire Management Program until such issues are resolved. ~ ODen Meetines. GRANTEE certifies that in approving this CONTRACT, it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. :0. Termination for the Convenience of EPD. EPD shall have the right to tenninate this CONTRACT for any reason by giving written notice to GRANTEE of such tennination and specifying the effective date thereof. at least 30 days before the effective date of such tennination. In that event. all fmished or unfinished documents, data. studies, surveys, and reports prepared by GRANTEE shall, at the option of EPD, be delivered to EPD and GRANTEE shall be entitled to receive JUSt and equitable compensation for any work completed on such documents and other materials. 11. Termination for Convenience of GRANTEE. GRANTEE may tenninate and specify the effective date thereot: at least 180 days before the effective date of such tennination. ChanlZes. EPD may, from time to time, require changes in the scope of the services of GRANTEE to be perfonned herein. Such changes. including any increases or decreases in the amount of GRANTEE'S compensation. which are mutually agreed upon by EPD and GRANTEE, shall be incorporated in written amendments to this CONTRACT. AssilZnabilitv. GRANTEE shall not assign any interest in this CONTRACT. and shall not transfer any interest in the same, whether by assignment or novation, without the prior wrinen consent of EPD. Interest of GRANTEE. GRANTEE covenants that it presently has no interest and shall not acquire any interest. direct or indirect. which would conflict in any manner or degree with the perfonnance required under this agreement. GRANTEE further covenants that. in the perfonnance of this CONTRACT, no person having such interest shall be employed or contracted with. CODvril:!ht. ~o report. surveys. or other documents produced in whole or in part under this CONTRACT shall be the subject of any applicJtion for copyright by or on behalf of GRANTEE. General Conditions. The failure of EPD at any time to require perfonnance by GRANTEE of any provision hereof. shall in no way affect the right of EPD thereafter to enforce the same provisions of any part of the CONTRACT. nor shall the waiver by EPD of any breach of any provision, or as a waiver, 4 " modification or recession or the CONTRACT itself. lfGRANTEE;5 a nonprotit contractor as defmed in O.c.G..-\. <:ection 50-20-2 (I), as amended. then GRANTEE agrees to comply with the provision of said Act. a;' ~ in paniclar the requirements of Se::ction 3 thereot: and with such further instructions and requirements as the State oi Georgia may subsequently require in the implementation oi said Act. Time is of the essence in this Cm../TRACT and of every task assignment entered into pursuant to this CONTRACT. This CONTRACT represents the sole and complete understanding of the terms of this agreement between the panies hereto and may be amended. changed or modified only by a wrinen document signed by the panies hereto. 17. Dru!!-Free WorkDlace. (a) GRANTEE hereby certifies that: (I) A drug-free workplace will be provided for the GRANTEE'S employees during the performance of this CONTRACT: and (2) It will secure from any subcontractor hired to work in a drug-free workplace the following wrinen certification: "As a pan of the subcontracting agreement with (Contractor's Name), (subcontractor's Name) certifies to the GRANTEE that a drug-free workplace will be provided for the subcontractor's employees during the performance of this CONTRACT pursuant to paragraph 7 of subsection B of Code Section 50-24-3," 18. Source of Funds. The panies agree that in the event the source of payment for the State's obligations under r'1is CONTRA.CT no longer exists. or is insufficient to pay for the purposes and activities for which this grant is to be utilized. then this CONTRACT shall, in the sole discretion of EPD, terminate without further obligation of the State as of that moment. The certification by the State of the events stated above shall be conclusive. 19. ADDlicable Law. This agreement and all rights. privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. IN WIT:"lESS WHEREOF, EPO and GRANTEE have executed this agreement as of the date first above wrinen. AUGUSTA-RICH:\10ND COUNTY BOARD OF COMMISSION COVNCILPERSO;'llS STATE OF GEORGIA ENVIRONMENTAL PROTECTION DIVISION STATE OF GEORGIA cr/ BY'~ ilL Harold F, Reheis. Director AmsT,4mef}1~ ~~.~~Zm~=~ 5 . { " ! t; \(J.J (L... (l (L ~CLVL~' - ATTEST: - '~ N~~II'Y PlIBlIC. OE'J(ALB COUHlY, GEORGIA '''\ CC~I'.lISSIGN EX~JRES DEe 16, 1997 ,J .;J ;0.' , , , J RESOLUTION WHEREAS. the Board of Commission Councilpersons of Augusta-Richmond County has applied to the En\ Ironmental Protection Division of the Deparunent of Natural Resources for a grant of fmancial assistance for the Joatement of scrap tires as described in Exhibit A: and WHEREAS. such a program is necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOL VEn by the Board of Commission Councilpersons that the proposed CONTRACT FOR ST ATE GRANT NO. STPC 121-16 be and the same is hereby approved and the Mayor of theBoard of Commission Councilpersons is herewith authorized to execute, on behalf of Augusta-Richmond County and the Augusta-Richmond County Commission Councilpersons. referenced CONTRACT and any other related documents or papers ne.:l.:ssary to obtain the grant as provided therein. This 7 1921-, #a~~ ATTEST' day of Lee Beard Commission Councilperson Ulmer Bridges Commission Councilperson FEDERALID# 58-2204274 Henrv Brigham Commission Councilperson Jerry Brigham Commission Councilperson Freddie Handy Commission Councilperson Bill Kuhlke Commission Councilperson William H. Mays Commission Councilperson J.B. Powell Commission Councilperson 6 , ~ I ~ ?'-loses Todd Commission Councilperson Rob Zetterber~ Commission Councilperson CERTIFICA TION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Commission Council on the date so stated in said Resolution. I further certify that I am the CLERK OF THE COMMISSION COUNCIL and that said Resolution had been duly entered in the official records of said Board and remains in II force and effect this 7 day of Tanuarv ,19.-9.2-. -? ':'\6 nc!unond.gnt 7 'I~ : (.'U -: ---____ ,T.. Georgia Department of Natural ~OIUUS J'I~' \ I - ~ Euvironment2l Protection DivisiOD UU: NOV I S iSS6 Scrap Tll'e Pile Oem-Up Program Appliatio . i i :.'1'il,?7.:,W,',J-Al. ~ -1 SECTION ' -, f "RGT.r""~N '-'V'C' . A _ '_. -.=2-- ,~~/~~v.'. ". 'J:(;,'/ --- 1. ~CDII:, C:ltmty, md Address of Applicml(-Scc lDsttactions OIlB-=k): Augusta-RidDIlOnd Board of Commissioners, City-Gounty Municipal BId (11), Room 802 530 Greene St. 3. T eleph<me: Mr, Armando Totka (706) 796-5033 Ausrus ta. & 30911 (706) 796-5045 2. Ulnt.act Pencn: '!:'.v. 4. Application Prepared by (NanelOrgmiutioulNumber): Mr. Armando To tka , Augus ta -Ridmxmd Co. Li ~ense & Inspection Dept. P.O. Box 6399, Augusta; Ga 30906 S. ProjectDesc:ription(Desaihetbcprojcctintwoarthrec~19~) &F.I Tire Recyclers willloaq. transport, and process approximate~y ,2io~CCDI sCiAp t~res (3&.0 tons) from the .s sites listed on the site attachment. 6. Amouut ofR..eimlnzrsemcD Funds ~ $20 . ass.oo 11/15/96 Expected Project CompIcticn Date: 12/15/96 7. Expcct.ed Project Begimring Date: 8. Cc:rtifi~ 1. the lDlCicrsigncd audlorizcd '~l~-~.t:.d;ve oftbc ~licant, cc:rrify tJm to the best of my knowledge the iDfoxmation in the 3pplic3tion is true and COIrCCt, the doc::umcn1 has been duly md10rized by the gov~ body of the applicmt, md, if funded. the applicmt will c:Jrrj out the project a:tivitics in the maD:Da' desa:iIRld in this ~lication. I farrhc:I' CCI1ify tJm he applicam shaD. m.mt:nn acco~. . g ~ClOd gov",""n"",r.l acc:ouoting principles IUd th8the foods .wmlcd will be included ~.. ;..' cover aD or part of1hcprojcct duntiaDpc:riodnoted above. /' .. //.~0v ~.q~ 9. .10. Official SignamreIDate Mail an app~. m,.J,uHng lQ{~..d _~entll to: Georgia Ea... UUlWI"'" .1::.1 Protection Division Attn.: Sc:np TJre Prosram Name (Pkasc PriDt): S. ~ILLER ~"YER. DIRECTOR 4244 Trn-n.hntLalPakway, Saitc 104 Augusta-Richnxmd County LICE~SE & I~SPECTIO~tLmta. Georgia 30354 TI1lc: DIRECTOR 11. n",,_. tifijifif~/ Mzt1 J ~ 0 ":,: ~u..t:d rI DaDed:.O:'--..: ,.. . . . .... .'...........'.'..,.. .......' .........'.. ,..,....::?:::::;::f:;:,::~~:~~~..'?:H:.:::,{'.?,:,:::: .. ... '. ... '"" . .... ,'- -.. " ~f~I~&'dl~!~ltc~~,...'.r,~.i,'.:,~,..,,:'::,i.,....,:.t,.,..:.~,:,:...:.t.},',.,.~,-~:~....:.!,r:',:,~.:".'~,~,....~,~:::::.~:~.:,,:V:~,',r::,,:~,.,..:.:.r.;:":!,i.~::,~,.,':l.:,'::.l:,.,.,.:i.,i,\.!j.:.,~,.... . ;~::_; ::..::- : ::".': f;;'" .:-~ :-~~;<::?:. ;::: ~ <: -(=,:. .... : ~.:-~;i.~:~:?:i:;...:"_:' ',: ~.;:::~ ~~ >::: '-;.of:: _::. . ",,::,: ":':'::' ~j.:'T<:';;:';:_" ; ~r , ..~ , , ~ ' '.' ~ .~. Z', ' Pl..EASE SEE INSTRUCTIONS ON TIm BACK OF TInS FORM SWM-N - Application for Scrap TIre Pile Cleanup -7/96 '10f2 . , . , . . , . Attachment Al (Format) (To be presented in the following order) ~r scrap tire piles with more than 5 000 tires l. 2- 3. ~. Loc.non of major sc:np tire pile (attach ooumy D1JIP with ~). ~-~ of attempt to have tires removed by ownc:r/off~~ (1UXh). E stftnJltJ!! of number or tons of scnp tires to be removed. J~v T ona TII'C will be ranaved by: ~ City/Cotmry Pcrsonnc1- Jurisdiction Scrap rII'C Gcnc::r3Ior Id~~ Nambc:r jeJl-/33-G N r.~--.r -t. .. [J In.depcndc:at Aba1c:mc:at Contractor CmurxtorName: B. F. 1. Tire Recyclers of Georgia rnc Contractor Address: 138 SHERREL AVENUE Jackson Ga 30233 Coau...tu. Cmier pc:zm:il Number. O"t~-OOlGR Will contractor process tires on site 0 yes m no If yes, attach a copy of his Pc:zm:il by Rnle AcknowIerl~ 5. Scrap r II'CS will be transported to: N~ofF~: B.F.r. Tire Recyclers of Georgia, rnc Address of Facility: 138 - S HERREL A VENUE Jackson, Ga. 30233 Idenrifu-.ation Number of Facility: 0 i A -DnRr.N 6. Project/Activities description.: The scrap tire bid was awarded to B.F.1.' at $95.50 per ton, m~n:unum 10 tons per load. NOTE: Scrap'I'ira .hall DOt be tr:uuported.to la.adfilll for dUposal after ~I>>r 31,1994 DJ.caacbL 1 &::2 SWM-FM - Scrap Tire Pile Cleanup Attachment A-I -7/96 Attachment B , .' Use of Funds . A detailed line item budget highligJltmg all anticipaJed sources of projcalprogram funding as well as a detailed line item ~r~ of all project ~~ abopJd be provided. Adequate tInrnrn..nr~ to support the cost ~ sbouJd also be submitted with the request. . A. CONTRACI'OR COST - [for contractor to load, tran.!port, and deliver the collected scrap tires to a GA EPD approved processor, or end user] S q5 : 50 PER TON X do. \0 (NUMBER OF TONS) [ 1000 passenger tires.. 10 ton] .. S '2.0,05"5. 00 . I ., I ',' r ATIACHMENT C CheckJist for EvaJuating Tire Dumps RICrMJND ~~e site attachment e & Latitude 'filA see site attachment see Site attachment A Proxim ity to populated areas , Tires are located within a one mile radius of one or more of the following: o Institution (hospital, hospice, nursing home, school) o Ten (10) or more Residences (subdivisions, mobile home parks, closely clustered homes, apartments. Commercial areas Industrial areas Agricultural areas, including farm houses . Population density within the radius exceed 50 residences per square mile.(near r:9 5 [::J u .: ~ pn:: =3 Proximity to receptors o Tires located within two miles up stream of a public drinking water supply intake. o Tires located where surface runoff would enter other streams, lakes or wetlands. ~&l' .., - Scrap Tire Clean-Up Attachment C (ST.15) - 7/96 '3C +I~' -- 1 of 2 ( ~ , '.J . , l ..' 1 ,t I 3. Susceotibilitv of the tire cile to fire A History of fires D There is a history of a previous fire or fires. B. Size of tire pile D More than 1,000,000 tires D 100,001 to one million tires .5 CJ 10,001 to 100,000 tires D 5,000 to 10,000 tires D Less than 5,000 tires C. Characteristics of tire pile 30 IS ;.l~ D ~~ 4. Susceptibility to and impact of mosauito infestations D There are documented cases of mosquito bome diseases within a one mile radius of the tire pile. D The. tire pile is located within a one mile radius of institutions or residences (as listed in 2 A above.) 5 Kl The tire pile is located outdoors and exposed to rain. 5. Enforcement Activities I8J Local jurisdiction attempted to have site cleaned up by property owner/offender. D Other enforcement actions. DJ:'Attad\.C S~ - Scrap Tire Clean-Up Attachment C (ST.15) - 7/96 j~ 2of2 4 , CITY/COlThlY SCRAP TIRE CLEAN-UP SITE ATIACHMENT FOR EXISTING TIRE PILES (A IT ACB 11DI TO THI. srn: MAl' _ NUMBDtS l..IS1'm BD.OW COIUll:SPOND WTIB TIU ("'I1In WD NUMBI'JIS ON no: srn: MAn SITENAME SITE ADDRESS PROPERTY OWNER # OF TIRES & TYPE i (pROPERTY OWPfD or (SIlW:T .t em') (NAME A ADDRESS A PHONE f) , DUMPDlOS NAJa} i I CD ~rJGllS\A- -r0'~..lc.. c. 0 lo p,... D A.- K IL)C'CO I l. :l.G ~,v\ u ,.J:) COK. ..i.NS.-r ?to>SfNG-~ C.u0 J, '-< G,U\}t...i-N ~f.^", ~ I (?) fV\('. F'\<. ~"-' .c... <;~V(H...JN~\-\ ~~. ~,?-~p ~ Ci..L.:^ (.,J\ S '000 c. Lr<v- ~ ..v T~ ~Oh.U '?.o. CO;i S't \ l -y b,S5>E.rvG f..~ '"" ~'"'........ A."( 51.0- N \,..J A. -f rJ E::.. S -0 ()(Z-o ~;... 3 ~~ 1u Q) fV'\" - v-l.I L '- ~ ~ '-"- f'-" ::tll (.0 G-, ~ -J'"I..L\..f-. foI\ It.. ~. \ \ \', a."'"' -r~~I"'\4U\ \CClO \-:I' r^ 1""'E..t..~~N 1. '\ . \ 1S1,)~ ~-"- '\2..0b...O \J... c.." \.e l'V" I G, ~ ~~ Ii t'b.-~Sf..N ~ €...~ @ 0'ts 4 rY1 ~o~ f2- 'vv'i \ \1 S fo~rn8r1 RJ..., fY\s . n1ad~SK: rlrlif 1)000 P1~ SK;nne( flu~ v:;\d --y G8 J ~ ~6 "PecWlS ~(~e i2J, L 3 J5I:D t1/;Xe=tJ ~~ tl'bc1Y1 ~ Gel, V'/( d rY/s) - 505 @ L-, f Ol~(e-- i-I ~ lJ /-n re- etd :J ohr112, <<CJrc{efl ~OCO rrt1 3& J-5 be&(j51S~ . )J3 srh st(eil GY1/1~JCCJ(o.J.t(tJc.k. j A\J~U~0JJ G-a, ftUjUSfdj Ga. @ crJ @ SF~~~ ...}0lX;(~ I ~,~ r : . . I .1 A ,I I I SITE 1 ~. ! ~ &" iI Ct.SSEl.L ST. ~ 8O"f)QH RD. . AUGUSTA-RICHMOND COUNTY ROADS & BRIDGES DEPARTMENT LOCATION MAP : I t 4 I . , 1 MAP . f/ . t_ ~ ~ ( "'. .! \ SUFFOu< ST. SITE NO. 2 LOCATION MAP . . I . . , .! '.' '--== .,'.:;. =.:; RICIDtOr-."D COCNTY. GEORGIA T . ~ .inSpectIOn .uepartment 'JI(-:':::( . 315 \1ar'lIn Griffin ~oa(j ~'JST OFFICE 30X 6399 '>'ugusla, Georgia 30906 .7061796.5053 '7061 796.5054 =3.'7061796.5045 3L'ILJ::o..'; '.s?<::- ~', E_:':-= ,:,.l.~ "'_G:viB'NG \'ECH,l,NIC'>'~ ZONING ::-.FCFCS'.'::',- Mr. Charles McDaniel Environmental Protection Division Commercial & Industrial Solid Haste November 7, 1996 Mr. McDaniel, Barden Cannamela of Northeast Georgia Region, EPD cited Mr. Frank Clements of site 2, Old Savannah Road and the Augusta- Richmond County License and Inspection Department notif ied Mr. William Timmerman of Site 3, 3018 Milledgeville Road. Mr. Clements and Mr. Timmerman would not remove the tires and are financially unable to do so. Sincer~ly, J I I ,'/ ':.. (-1- ~ [,1 " S: Miller M'J;;er- Direct:or License & Inspection r' '" ". . .r Georgia uef.,JdfUIIt:IIL VI I u.,u,u...... ..--- -- , . . 7 ~5 Gaines School Road,. ^t~.MS; Ceorgia 30605 loniCl! c. ~ Conwnislaner Harold F. R.IMiI. [)iNCIr:lr Envi.Olanemal Pl~ Dtvtskln (1OQ 369-6376 f, J January 5. 1996 CEFmFlED MAIl. Z 364 002 542 Mr. Frank Clements P.O. Box 5711 HighwaY 56-N Waynesboro. Georgia 30830 RE: .' NancE OF VlOLA'TION Mr. Frank Oements Richmond County Dear Mr. Clements. , am writing to you about the large pae of tires that are on your property on Old Sawnnah Road near where it Intersects Deans Bridge Roact. There are approximately 8,000 scrap tires lying in twO piles which are located near the fence which separates your property from Ballard Tlre Company next door. Storage of large amounts of tires is a direct viotatlon of the SaUd Waste Management Act which states that no person shall haVe more than 100 tires on h1sfher property. All scrap tires generated In Georgia must be taken to a proper recycling facilty which Is approved by the Environmental protedlon DMsion. It Is your responsibBlty to see that these tIreS which are on your property are taken to such a facility and to provide us with the proper receipts (manifests) to verify this. If the tires are removed. and you can not provide the proper paperwork to show where they haVe gone. then you wil still be held In violation. ?tease call this offtce within 7 days of receipt of this letter so that we may discuss this matter. If we do not hear from you within this seven day time period. then we wit proceed with further adminlstratfve actions which wUl Include substaJ1tial monetarY penalties. We appreciate your cooperation in this matter. You may contact Barden eannamela. our scrap tire specialist. at (706~ 369-6376. Sincerely . 4- W~>>4 G. Robert Bishop. Manager Northeast Georgia Region. EPD cc: Denny JacksOn ,- , . Georgia Department of N atriral Resolirces Environmental Protection Division Scrap Tire Program 4244 International Parkway Suite 104, Atlanta, Georgia 30354 Lonice C. Barrett, Commissioner Harold F. Reheis, Director (404)363-7026 February 21, 1997 Honorable Larry Sconyers, Mayor Augusta-Richmond County Board of Commissioners City-County Municipal BId. (11), Room 530 530 Greene Street Augusta, Georgia 30911 SUBJECT: Scrap Tire Pile Clean-Up Reimbursement Grant Dear Mayor Sconyers: A fully executed copy of your grant contract is enclosed for your records. The Scrap Tire Program staff may periodically review Augusta-Richmond's progress pertaining to the terms of the contract and will be available if technical assistance is requested. To request reimbursement, pay special attention to the terms of the contract and submit copies of the original invoices, weight scale tickets, manifests, and a request for payment to: Mr. Charles McDaniel Georgia EPD - Scrap Tire Program 4244 International Parkway, Suite 104 Atlanta, Georgia 30354 We look forward to working with you on this environmentally beneficial project. If you require additional information, please contact Denny Jackson at (404) 362-4500, or me at (404) 362-4513. ~~~ Charles McDaniel Environmental Specialist Scrap Tire Program CM/richmond,fil Enclosures cc: Denny Jackson Barden Cannamela File: STPC 121-016 .' . . February 21, 1997 TO WHOM IT MAY CONCERN: When you are REQUESTING PAYMENT for your Scrap Tire Pile Clean-Up; please use the wording on the attached page, typed on your county letterhead, with the date, your signature, and your title, on the page. Be sure to include copies of all weight tickets, manifests, and invoices that should be given to you, by your scrap tire contractor, if you have not already done so. If you have any questions call me at (404) 362-4513, ~111~~ Charles McDaniel Environmental Specialist Scrap Tire Progranl , . ,199_ REQUEST FOR PAYMENT Augusta-Richmond County would like to request a payment of $ for the reimbursement of the Scrap Tire Pile Clean-Up done at five (5) sites in Augusta, Georgia. There were_ tons of scrap tires cleaned up. This is verified by the enclosed weight tickets, manifests, and contractor invoices being submitted by Augusta-Richmond County.. Sincerely, .. .. oM ,;. CONTRACT Between the Department of Natural Resources Environmental Protection Division and Augusta-Richmond County STATE OF GEORGIA COUNTY OF FULTON STPC 121-16 THIS CONTRACT made this b~ay of Fe..1( ~ Qr~ ' 199; by and between the Environmental Protection Division of the Department of Natural Resources, an agency of the State of Georgia (hereinafter referred to as "EPD"), and Augusta-Richmond County Board of Commission Councilpersons (hereinafter referred to as "GRANTEE"). WITNESSETH THAT: WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; and WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of Georgia; and WHEREAS, Section 12-8-37.1. ofO.C.G.A. provides that EPD may grant and administer funds for the purposes specified therein; and WHEREAS, certain funds were appropriated by the General Assembly for the purposes set forth herein; and WHEREAS, GRANTEE warrants that it has the authority to expend monies for the purposes set forth herein; and WHEREAS, GRANTEE, in a duly held meeting, adopted a resolution, attached hereto and incorporated herein by reference, approving this CONTRACT and authorizing the acceptance hereof; NOW, THEREFORE, and in consideration of the mutual benefits flowing to each party as hereinafter appear below, the parties mutually agree as follows: I. ScoDe of Project. EPD agrees to grant, and GRANTEE accepts, the sum of $20,055.00 to be used by GRANTEE for the abatement of scrap tires as described in GRANTEE'S Scrap Tire Clean-Up Program Application (hereinafter referred to as "Exhibit A"), which is attached hereto and incorporated by reference. The GRANTEE is responsible for ensuring that the selected contractor(s) comply with the following. The contractor(s) shall: (a) Secure all approvals, permits, l.D. Numbers required by local, State, and Federal governments. :, .. . . , , . . '., (b) Remove all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products from the site(s), as described in Exhibit A. (c) Transport all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products to facilities approved by EPD, as described in Exhibit A. (l) EPD does not allow a person to dispose of a scrap tire into a solid waste landf1ll. The Director of EPD recognizes that there are some specific types of tires which cannot be recycled. Earth moving off-the-road tires, and tires f1lled with dirt, rock, or gravel may be allowed to be landfilled by means of written approval from an EPD compliance officer. If any tires are disposed of into a solid waste landf1l1 without written approval from an EPD compliance officer, payment may be withheld by EPD. (d) Cover and re-vegetate in accordance with criteria established by EPD, those areas disturbed by the scrap tire removal activity. Land disturbed areas are to be stabilized in order to prevent the occurrence of soil erosion due to surface water run-off. (e) Dispose of any other solid waste as may be commingled with the scrap tires, or generated during the recovery of the scrap tires in accordance with local and state solid waste laws and rules. (f) Develop a road capable of allowing access to the tire stockpiles, if necessary, Said road shall be constructed in accordance with county standards. (g) Weigh and date each load of scrap tires and tire-derived products from a site separately at a certified public scale. Said weights for the scrap tires and tire-derived products shall be documented on separate weight tickets. Scrap tires and tire-derived products must be separately weighted at each point of transfer. (h) Weight tickets and log sheets must contain, at a minimum, the following information: (l)Location the scrap tires or the tire-derived products are being transported from. (2)Location of markets the scrap tires or the tire-derived products are being transported to. (3)Loaded gross weight (must be scaled). (4)Vehicle tare weight (must be scaled each trip). (5)Net weight of the scrap tires of tire-derived products. (6)Weight tickets must be signed and dated by a weight station official. 2. Accountability. The GRANTEE agrees to expend the funds specified herein for the purposes stated, and to account for the funds in accordance with generally accepted accounting principles. 3, Payment Schedule. Subject to the availability of funds for such purpose, EPD agrees to pay the GRANTEE in accordance with the following payment schedule: (a) Invoices shall be submitted to EPD for review and approval. Approvable invoices will be paid within thirty (30) days of receipt. (b) GRANTEE may submit to EPD invoices for the amounts payable for performance of work under this CONTRACT when the project has reached 100% completion, EPD may withhold payment of at least 25% pending verification by EPD of completion of all work required by this CONTRACT. 2 ,) . (c) The total cost to EPD for the full performance of this CONTRACT shall not exceed the amount specified herein. GRANTEE shall notify EPD in writing whenever it appears to GRANTEE that the cost of completing the performance of this CONTRACT will exceed such cost. GRANTEE shall not be authorized to incur expenditures in the performance of the work contemplated by this CONTRACT in excess of the cost limitations, unless the cost limitations have been increased by amendment to this CONTRACT. (d) Request for payment shall be submitted within sixty (60) days of project completion. 4. Aooroval of Invoices. (a) Unless expressly waived in writing by EPD, GRANTEE'S invoices must contain the following: (1) Scrap tire pile location(s). (2) Verification of weight of tire shreds removed from the site. (3) Verification of weight of whole tires removed from the site for subsequent resale, recycling, processing or disposal as provided for in this CONTRACT. (4) Proof that any tire derived products or whole tires were received by the designated end user as provided in this CONTRACT, including the amount received. (b) Copies of weight scale tickets, manifests, purchase orders and any other supporting documentation must be maintained by GRANTEE and made available to EPD upon request for a period of two years after the fmal payment on this CONTRACT. 5. Hold Harmless Oblil!ations. (a) GRANTEE shall hold EPD, its agents and employees, harmless from any and all claims resulting from or arising out of the grant, including, without limitation, damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with this CONTRACT, GRANTEE shall, at its own expense, be entitled to and shall have the duty to participate in the defense of the lawsuit ifEPD gives GRANTEE immediate notice in writing of the institution of such suit, permits GRANTEE to fully participate in the defense of the suit, and gives GRANTEE all available information, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim, loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, its agents and employees, in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees, for any damages that may result from or arise out of the disbursement of the funds hereunder, even if such claims or demands are made against GRANTEE. 6. Conflicts oflnterest. The undersigned GRANTEE hereby attests that all of the officials of GRANTEE have certified that they have not violated any applicable conflict of interest law under either state law (O.C.G.A. ~~ 45-10-20-45-10-28 and 36-67 A-I-36-67 A-4) or under any local ordinance, charter, rule or regulation and that they shall comply with same throughout the term of this CONTRACT. 3 :. . 7. Laws and Ordinances. GRANTEE will comply with all applicable Federal and State laws and all local ordinances, including those that govern the procurement of goods and services. 8. Monitorinl! and Audits. Upon request, GRANTEE agrees to provide EPD with any information EPD deems necessary to monitor performance of this CONTRACT, and further agrees that these funds shall be included in the next regularly scheduled audit or financial statement and all subsequent ones until totally accounted for. GRANTEE understands that any unresolved findings, whether based on an audit report, financial statement, or the fmal report, shall preclude GRANTEE from applying for and receiving any further grants from the Scrap Tire Management Program until such issues are resolved. 9. Ooen Meetinl!s. GRANTEE certifies that in approving this CONTRACT, it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. 10. Termination for the Convenience of EPD. EPD shall have the right to terminate this CONTRACT for any reason by giving written notice to GRANTEE of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In that event, all fmished or unfmished documents, data, studies, surveys, and reports prepared by GRANTEE shall, at the option of EPD, be delivered to EPD and GRANTEE shall be entitled to receive just and equitable compensation for any work completed on such documents and other materials. 11. Termination for Convenience of GRANTEE. GRANTEE may terminate and specify the effective date thereof, at least 180 days before the effective date of such termination. 12. Chanl!es. EPD may, from time to time, require changes in the scope of the services of GRANTEE to be performed herein. Such changes, including any increases or decreases in the amount of GRANTEE'S compensation, which are mutually agreed upon by EPD and GRANTEE, shall be incorporated in written amendments to this CONTRACT. 13. Assil!nabilitv. GRANTEE shall not assign any interest in this CONTRACT, and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent ofEPD. 14. Interest of GRANTEE. GRANTEE covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this agreement. GRANTEE further covenants that, in the performance of this CONTRACT, no person having such interest shall be employed or contracted with. 15, Coovril!ht. No report, surveys, or other documents produced in whole or in part under this CONTRACT shall be the subject of any application for copyright by or on behalf of GRANTEE. 16. General Conditions. The failure of EPD at any time to require performance by GRANTEE of any provision hereof, shall in no way affect the right of EPD thereafter to enforce the same provisions of any part of the CONTRACT, nor shall the waiver by EPD of any breach of any provision, or as a waiver, 4 - . modification or recession of the CONTRACT itself. If GRANTEE is a nonprofit contractor as defmed in O.C.G.A. Section 50-20-2 (I), as amended, then GRANTEE agrees to comply with the provision of said Act, and in particular the requirements of Section 3 thereof, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said Act. Time is of the essence in this CONTRACT and of every task assignment entered into pursuant to this CONTRACT. This CONTRACT represents the sole and complete understanding of the terms of this agreement between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 17. Drul!-Free WorkDlace. (a) GRANTEE hereby certifies that: (I) A drug-free workplace will be provided for the GRANTEE'S employees during the performance of this CONTRACT; and (2) It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As a part of the subcontracting agreement with (Contractor's Name), (subcontractor's Name) certifies to the GRANTEE that a drug-free workplace will be provided for the subcontractor's employees during the performance of this CONTRACT pursuant to paragraph 7 of subsection B of Code Section 50-24-3." 18. Source of Funds. The parties agree that in the event the source of payment for the State's obligations under this CONTRACT no longer exists, or is insufficient to pay for the purposes and activities for which this grant is to be utilized, then this CONTRACT shall, in the sole discretion of EPD, terminate without further obligation of the State as of that moment. The certification by the State of the events stated above shall be conclusive. 19. ADDlicable Law. This agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. IN WITNESS WHEREOF, EPD and GRANTEE have executed this agreement as of the date first above written. AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSION COUNCILPERSONS STATE OF GEORGIA ENVIRONMENT AL PROTECTION DIVISION STATE OF GEORGIA r BY'-JW J~ Harold F. Reheis, Director ATTEST'~4'~ '7/~ dJ 77J~ Notary Public, Z'mbla County G I My CommiSSion ElmirA" .I....^;. ~~""a ATTEST: lLn J ~. AflY PU~lIC, DOOlB COUNlY, GEORGIA COMMISSION mIRES DEC. 16. 1997 5 ., RESOLUTION WHEREAS, the Board of Commission Councilpersons of Augusta-Richmond County has applied to the Environmental Protection Division of the Department of Natural Resources for a grant offmancial assistance for the abatement of scrap tires as described in Exhibit A; and WHEREAS, such a program is necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Board of Commission Councilpersons that the proposed CONTRACT FOR STATE GRANT NO. STPC 121-16 be and the same is hereby approved and the Mayor of theBoard of Commission Councilpersons is herewith authorized to execute, on behalf of Augusta-Richmond County and the Augusta-Richmond County Commission Councilpersons, referenced CONTRACT and any other related documents or papers na:essary to obtain the grant as provided therein. This 7 19}}l. k~ ATTEST' Lee Beard Commission Councilperson Ulmer Bridges Commission Councilperson FEDERALID# 58-2204274 Henry Brigham Commission Councilperson Jerry Brigham Commission Councilperson Freddie Handy Commission Councilperson Bill Kuhlke Commission Council person William H. Mays Commission Councilperson J.B. Powell Commission Councilperson 6 . . ... Moses Todd Commission Councilperson Rob Zetterber~ Commission Councilperson CERTIFICA TION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Commission Council on the date so stated in said Resolution. I further certify that I am the CLERK OF THE COMMISSION COUNCIL and that said Resolution had been duly entered in the official records of said Board and remains in II force and effect this 7 day of January ,19----9.1.. eM/richmond,gnt 7 . , f ~ l' b J~ I, . rc w ,-= ;'~' Georgia DepartmeDt of Natara) Resources 41/ ~< rCO ~ EDVironmental P~OtectiOD DhrmOD UU i NOV 1 S 1996 ' Scrap Tue Pile Oean-Up Program Appliatio L. ; c... ~ SECTION A j ~R:~~~Jn!=R..?J~CJk~~.9~srON ; --- i - 1. NI:IDC, CoUDty, and Address of Appticaut (.Scc IDstructions on Back): Augus ta-Richmond Boa rd of Commissioners, City-Gounty Municipal BId (11), Room 802 530 Greene St. 2. Contact Penon: Mr. Armando To tka (706) 796-5033 Au2US ta . & 3()qll (706) 796-5045 3. Telephcme: 1:'_; 4. Application Prepared by (NamelOrg~): Mr. Armando Totka, Augus ta-Riclmxmd Co. Liceense & Inspection Dept. P.O. Box 6399, Augusta; Ga 30906 S. ProjectDescription(Desczibetbeprojc:ctintwo artbree !:q,f~_;es.) &F. I Tire Recyclers will 10a4 transport, and process approximate~y : 3ColOOD I sBiAp t~res (:3&.0 tons) from the 5 sites listed on the site attachment. . ~ 6. Amotmt of Rmnbursc:mcnt Fonds Requested: $20 . Q S5.'00 11/15/96 Expected Project Completion Date: 12/15/96 7. Expected Project Beginning Date: 8. Certification.: I. the undersigned authorized It.pu.-..&ti...e oftbe applicant, certify that to tbe best of my knowkdge the iDfonnation in the application is true and comet, the ~ has bcc:o duly md10rized by the gove:miq body of the app&mt, and, if funded. the applicant will carry out the project acUvitia in the JILIDIa ~ in this applk---tion. I fmda certify that he appticam shall maintain accoUDting~ . ~rcd gOVentnM!nt_) accoUDting priocipJcs IIId that the funds awarded will be included . " ccm:r all or part of the project duration pc:riod DOted above. , /. ./ ... 1'..0v 9. \\.. \B.q~.lO. Official SignamreIDate Mailm app~ incIJtdirlg ~cd sttw-1nnem to: Georgia Euviromnc:IIta1 Protection Division AtIn.: Scrap Tn Prosram Name (please Print): S. MILLER MEYER, DIRECTOR , 4244 nm.n,JIrinu.IlPa:lcwsy, Suite 104 . Atlmta, Georgia 30354 T~: Augusta-Richmond County LICENSE & INSPECTIOlf DIRECTOR 11C'" D*~,.!~r,~0::"~!~~;~~:~~r;,~,:~4!,<;('.' ',. Mail' J' ,': "Ji~:~::'!#'<;,?':::'~:,::.:-::::~'::".'::: ',>' <:',:::,:':i'}::<.'::':~: :'.':': . ,,' ;".: ':' , ":; ,',:'.'.'t::::::;i:,::::;i,,/.t;:;.;::':ii:i;,:"!ijiii;:i'I'i:;ii.I~:~i;':i:.;I.'i!i:};.::::'.::i::':..' ,., ::::'::;::-::':::;.::;:.:{.:;:;::::;::::::;:}::t;:::::r:-:';:' .... : :::: H::}::\f\tt??,~,:?, .. ., - ....-............... . -. .. ...-... .. .. . . . .... ..... . ".-. ...... ". .. ... ... , . :..-...-.............:0..-:......... . . :.:"'. .::~:' . ....::::::.. ". :.' . ." ............-....... . . .. ........-..'...-...,..-...... '. . ...............'........ . ... '... .. ".;-:. ,:.;;:;:. :,;;~;~}:::::,.:..::.:;;.: .',. ..... ........-......'............ . .. ..... . ..,. .. ... ." . . .... ........ . . ::.::.:>: :.:)\?j()~;\i~~j};~;i;~t?f:) ; .. . . . .... ;" ...:::; ":.: ~:::. :;';":':'-:::';'.... PlEASE SEE INSTRUCTIONS ON 1HE BACK OF nus FORM SWM-FM - Application for Scrap I1J'e Pile Cleanup - 7/96 '10f2 . f;-:_ '. , , , . . . Attachment Al (Format) (To be presented in the following order) For scrap tire piles with more than 5.000 tires 1. 2. 3. 4. Location of major sc:np tire pile (utach COUDty IIUIIp with loc8tian). Docnml!ftt~ of attempt to have tires removed by owncrlo1f~rr (~). E~:rinurt~ of IlDDlbcr or tons of scrap tires to be removed. ;J' 0 Tone Tue wiD be removed by: (f City/ColDdy Personnel- Jurisdiction Scrap Tue GcnCl'lltor Idrn1fficmion Number l.4l-/3 3 - r; N 13 Indepcodent Abatl\lD=rt Contractor Con~N~: B.F.I. Tire Recyclers of Georgia Inc COJJtractor Address: 138 SHERREL AVENUE Jackson Ga 30233 Conttae;tU.l Cauicr Permit Number: 0 1 ~-oo I bR Will contractor process tires on site 0 yes DO no If yes, attach a copy ofhis Permit by Rnlc Acknowledgment S. Scrap TIrCS will be transported to: N~ofF~: B.F.I. Tire Recyclers of Georgia, Inc AddressofFac!litY: 138 -SHERREL AVENUE Jackson, Ga. 30233 Iden~ Number of Facility: OtA-OOHr.N 6. Project/Activities description: The scrap tire bid was awarded to B.F.I; at $95.50 per ton, minimum 10 tons per load. NOTE: Scrap 11ra .haD not be tnnJported to landfilb for dUpoaal after December 31, 1994 DJ.dlldlLlla SWM-FM - Scrap Tire Pile Cleanup Attachment A-I - 7/96 Attachment B , L Use of Funds · A detailed line item budget highlighting all anticipated sources of projectlprogram funding as well as a detailed line item PJltilrulfP. of all project expemes sboQld ~ provided. Adequate dnt-nnvont~rion to support the cost estimate sbouId abo be submitted with the request. · A. CONTRACTOR COST - [ for contractor to load, transport, and deliver the collected scrap tires to a GA EPD approved processor, or end user] $~: 50 PER TON X a.. \0 (NUMBER OF TONS) [ 1000 passenger tires = 10 ton] ... $ 20,05"5. 00 . - , . , . ATTACHMENT C Checklist for Evaluating Tire Dumps Required Infonnation for Prioritizing Tire Pile .-: 1. Location of Tire Dumps: County Location of Dump. RICHMOND see site attachment Longitude & Latitude N/A Property Owner see site attachment Mailing Address (of Owner) see Site attachment @\ ProximiW of Tire Dumos to Populated Areas or Receptors A Proxim ity to populated areas , Tires are located within a one mile radius of one or more of the 'following: o Institution (hospital, hospice, nursing home, school) o Ten (10) or more Residences (subdivisions, mobile home parks, closely clustered homes, apartments. ID ~ Commercial areas 5 ag Industrial areas CJ Agricultural areas, incJuding fann houses . ) :> ~ Population density within the radius exceed 50 residences per square mile.Cnear pris B. Proximity to receptors o Tires located within two miles up stream of a public drinking water supply intake. o Tires located where surface runoff would enter other streams, lakes or wetlands. '30 +J'? SV'M-FM - Scrap Tire Clean-Up Attachment C (ST.15) - 7/96 10f2 -- 4'(; ti . . . . ,/ , 3. Susceptibilitv of the tire pile to fire A History of fires o There is a history of a previous fire or, fires. 3 n Site has large, concentrated pile or piles of tires (10,000 or more) I g: Site has scattered or small piles of tires ~ ~ There are no fire lanes around the tires o There is easily combustible material around _the ~ires ~ ~ Access to the property is DQ1 controlled. -,' .. ,- - . -' - ~. . 4. Susceptibility to and impact of mosquito infestations o There are documented cases of mosquito bom,e diseases within a one mile radius of the tire pile. ::. . o The. tire pile is located within a one mile radius of institutions or residences (as listed in 2 A above.) -' 5 Il The tire pile is located outdoors and exposed to rain. 5. Enforcement Activities I!J Local jurisdiction attempted to have site cleaned up by property owner/offender. o Other enforcement actions. DJ:\Attach.C )~ SVWd-FM - Scrap Tire Clean-Up Attachment C (ST.15) - 7/96 20f2 . CITY ICOtJNTY .sCRAP TIRE CLEAN-UP SITE ATTACHMENT FOR EXISTING TIRE PILES (A 'IT ACB TIllS TO THE srn: MAP - NUMBERS LmTI:D allOW COIUlJ'.Sl'OND wrm TIlE MIlrI In NUMBI:RS ON TIlE SIn: MAP) ! SITE NAME SITE ADDRESS PROPERTY OWNER ## OF TIRES & TYPE , I (pROPERTY OWNER or (STJW:T" ern') (NAME a ADDRESS a PHONE #I) DUMPER'S NAME) CD ~c.JG.lJS "\ A.- lO1:>)..C.(O ~O ~D A.- i< l"L) COO l.:1.G ~fAu~J0 COR. J..N~I ? A5>SE rJ C!\~ CU0 JT"'-( G,uvE-i-N ~f.N ~ CID 1"\ (" . F"~p..v K ~)...v AN N ~\-\ t-'\ "i:. (?-AP ~ (..If:.r' (.,J ,< S '000 c.. Lr.2 /J\f...,..J TS ROkO "?.o. ~oX' V b.S.Sf~G f.~ S'L \ l \-\ J:G... t-l.~ .4.. T S"l.o- N \,.,J ~ -( rJ E:. S Q oa..q ~ J... 3~~1(.) <ID fV'\ ~- v.J .I L--.-:I. tJ.- :i ll(.O cn~\J'"1.lL~ jV\'~ \",.;oJ . d \' . a."", -r:~,",ctI\ f'^ \ CCl () I"I r^ "",f.~fA.~~ \2.0b....O R-'\' . l"E,u)r.. ~-<..- \.i..c....( l~~, G,~ ~~ ''1 ~t...sSf..t0 ~ €_.\L @ rns 4 m fJ~~e.-.. Wi I t is fo~rr12Yr1 Rd, 1Y1s. n1a6~SK: r1rJ~ 1)000 PIs SK;nnef Ptu~ r5fCb G;g) ~~6DeatIS~r~eeJ, (3/5cO m;xe:R/ ~~l\il' bc1h ~ 0;G, vv( drY/s) rih(~ ~1Crz- 505 1-1 ct 0 r1l'('e- efd '- 12. <<cuef erJ fTB @ /-, cfOJ1i(~ J oh r1 ~OCO 3& ;)..5 be(}(1S rs~ . 1:13 ~h street (m/,eJcc1fOJ-t(t/ck. j Av~ U4C1j Gel. . 'ftUJuStdJ 6~. @ ~ - @ ,~rli\'l:!!i,~ilillr)t~t i,~io__., .",' ........_...... d,._'__" , , ,u::,::: '::,,:,.'.,.:..' .. )>::.:..""'::.c:::::::::.,:: ;'!!,:'/::':"::::'3'(t)) DDD ,',:' . "".):::' ..... . ,:,' :"..,:,:..::/:::, .n' ._._. "::::': ..:' ..' ," <.> .:\:;:~~::::::::::::::::{:::~::..:: . :.' ::0::'. ~ - ~ - SlTEMAP,996 1 ~ < . ) . CASsw. ST. ~ BOYlaN RD. I .... J . . . I SITE I ~. I cf ~ P AUGUSTA-RICHMOND COUNTY ROADS & BRIDGES DEPARTMENT LOCATION MAP c , . , . . SITE NO. 1 LOCATION MAP . . , ~. .. . . . ~ .. " SITE NO. 2 LOCATION MAP . '! - . . \ . .. , . . -4 - . RICHMOND COUNTY, GEORGIA Inspedion Department S "lILL::? \,IEV::'l Dlrec:or 1815 Marvin Griffin Road POST OFFICE BOX 6399 AU9usta. Georgia 30906 (706) 796.5053 (706) 796.5054 Fax (706) 796.5045 BUILDING ,"'SPECT'C', ELECTRICAL PLUMBING MECHANICAL ZONING ENFORCE'vlE,\JT Mr. Charles McDaniel Environmental Protection Division Commercial & Industrial Solid Waste November 7, 1996 Mr. McDaniel, Barden Cannamela of Northeast Georgia Region, EPD cited Mr. Frank Clements of Site 2, Old Savannah Road and the Augusta- Richmond County License and Inspection Department notif ied Mr. William Timmerman of Site 3, 3018 Milledgeville Road. Mr. Clements and Mr. Timmerman would not remove the tires and are financially unable to do so. Sincerely, ~. } l./ ;' / , '/ '! t . : i I ( / ' , ' , ~ "'L _~_ / ',S: Miller MdYer--- Director License & Inspection . . . OFFICIAL NOTICE , . . ~ . ~ I .. ~ RICHMOND COUNTY. GEORGIA Inspection Department 5, MILLER MEY!:" Oirector - . 1815 Marvin Griffin Roed POST 0FFJa BOX S399 ~ G-vie 30908 ('7Oe) 798-50153 l708J 798-5Ol54 Fax 170S1 798-5045 BUIlDING INSPECTION ELECTRICAL PlUMBING MECHANICAl ZONING ENFOACE~ENT NOVEMBER 7, 1996 CERTIFIED MAIL NO. P-280-022-354 RETURN RECEIPT MR. WILLIAM TIMMERMAN, SR. RT. 1 BOX 206-C HARLEM, GA. 30814 RB: 3018 MILLEDGEVILLE ROAD TAX MAP 70-1 PARCEL 172 . IN ORDER TO PROMOTE AND SECURE THE BENEFICIAL INTEREST OF PUBLIC SAFETY, HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF AUGUSTA-RICHMOND COUNTY, THE STANDARD HOUSING CODE ORDINANCE #5628, THE PUBLIC NUISANCE ORDINANCE #5631 AND THE PROPERTY MAINTENANCE #5693 HAVE BEEN ADOPTED. THESE ORDINANCES ARE ENFORCED BY THIS DEPARTMENT. AN INSPECTION WAS PERFORMED AT THE ABOVE REFERENCED PROPERTY ON NOVEMBER 5. 1996; IT WAS FOUND TO BE IN VIOLATION OF THE ABOVE ORDINANCES. THE VIOLATIONS ARE MARKED BELOW: ACCUMULATED GARBAGE LEAVES/LIMBS/YARD DEBRIS JUNKED/ABANDONED VEHICLE(S) X DISCARDED TIRES APPLIANCES CONSTRUCTION DEBRIS OVERGROWN VEGETATION TRASH X OTHER: PLEASE REMOVB ALL TIRES AND OTHER MISCELLANEOUS ITEMS. THIS IS AN OFFICIAL NOTICE THAT YOU MUST BEGIN TO CORRECT THE VIOLATION WITHIN TEN (10) DAYS FROM THE DATE YOU RECEIVE THIS NOTICE. A REINSPECTION WILL BE MADE ON NOVEMBER 18. 1966. FAILURE TO COMPLY MAY RESULT IN LEGAL ACTION IN MUNICIPAL COURT. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL (706) 796-5171. ~f.N<;ERELY I ,: ~ Litl' - CEDRIC NES CODE EN ORCEMENT CJ/srh '. 4 .. ". Georgia Department of. l'riltu~J Resources 745 Gaines School Road, Athens, Georgia 30605 Lonicl! c. 8m'ett. Commissioner Harold F. ReIIeis, DIrecIDr Envircnmental ~ DIvIsIon (7OQ 369-6376 .. j . ~ , - . January 5, 1996 CERTlAED MAIL Z 364 002 542 Mr. Frank Clements P.O. Box 5711 Highway 56-N Waynesboro. Georgia 30830 o' RE: NOnCE OF VIOLATlON Mr. Frank Clements Richmond County Dear Mr. Clements, I am writing to you about the large pUe of tires that are on your property on Old Savannah Road near where It intersects Deans Bridge Road. There are approximately 8,000 scrap tires lying In two pUes which are located near the fence which separates your property from Ballard TIre Company next door. Storage of large amounts of tires is a direct violation of the Solid Waste Management Act which states that no person shall have more than 100 tires on hisjher property. All scrap tires generated In Georgia must be taken to a proper recycling facBlty which Is approved by the EnvironmentaJ Protection DMslon. It Is your responsibDIty to see that these tires which are on your property are taken to such a facUlty and to provide us with the proper receipts (manifests) to verify this. If the tires are removed, and you can not provide the proper paperwork to show where they have gone, then you will stDl be held In violation. Please ca1I this office within 7 days of receipt of this letter so that we may discuss this matter. If we do not hear from you within this seven day time period, then we wi) proceed with further administrative actfons which wUl Indude substantlaJ monetary penalties. We appreciate your cooperation in this matter. You may contact Barden Cannamela. our scrap tire specialist, at (706~ 369-6376. Slncerefy. ;d. rw-~4 G. Robert Bishop, Manager Northeast Georgia Region, EPD cc: Denny Jackson Georgia Department of Natural Resources Environmental Protection Division Scrap Tire Program 4244 International Parkway Suite 104, Atlanta, Georgia 30354 Lonice C. Barrett, Commissioner Harold F. Reheis, Director (404)363-7026 November 13, 1997 Honorable Larry Sconyers, Mayor Augusta-Richmond County Board of Commissioners City-County Municipal BId. (11), Room 802 530 Greene Street Augusta, Georgia 30911 SUBJECT: Scrap Tire Piles Clean Up Reimbursement Grant Contract Amendment I Dear Mayor Sconyers: A fully executed copy of your grant contract amendment I is enclosed for your records. Augusta-Richmond County should receive the $34,073.26 (amendment I amount) reimbursement within thirty (30) days of the date of this letter. If you do not receive the payment by then, contact me at (404) 362-4513. The revised grand total was $54,028.26, and an amount of$19,955.00 (9/26/97 payment requested by GA EPD) had been paid earlier on the original grant amount of$20,055.00. Sincerely, M C) , ~el Environmental Specialist Scrap Tire Program CM/richmond,al2 Enclosures cc: Denny Jackson Barden Cannamela Armando Totka File: STPC ]21-16 ~,~ CONTRACT AMENDMENT I LAND PROTECTION BRANCH GRANT CONTRACT WITH AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA COUNTY OF FULTON 738-790088 STPC 121-16 THIS MOOlFlCA nON made Ih;, b -J:h day of N 0 ~ l1AM-her , 1997, 10 an ox;";ng contract dated February 6, 1997 between the Augusta-Richmond County Board of Commission Councilpersons (hereinafter referred to as "GRANTEE") and the Environmental Protection Division of the Department of Natural Resources, an agency of the State of Georgia, (hereinafter referred to as "EPD"). WITNESSETH WHEREAS, the Grantee and EPD had previously entered into a contract on February 6, 1997, (a copy of which is attached) which provided for the clean up of five (5) scrap tire dumps in Augusta-Richmond County, and WHEREAS, the original contract provided for the cleanup of21 0 tons of scrap tires, at a cost of $95.50 per ton equaling a total amount of $20,055.00, and WHEREAS, the total number of tires collected exceeded the original number of tires estimated by 355.74 tons because of unexpected tires found covered by vegitation, and WHEREAS, both parties desire to amend the original contract amount in order to cover the additional cost of$34,073.26 to remove the additional 355.74 tons of scrap tires, and NOW, THEREFORE, it is mutually agreed that the attached contract shall be modified in the following manner: For Item I, Scope of Project, change to state the following: EPD agrees to grant and the Grantee accepts, the sum of $54,028.26 to be used by the Grantee for the purposes of the abatement of scrap tires as specified in the Scrap Tire Grant Program Application in Exhibit "A" which is attached hereto and incorporated by reference. IN WITNESS WHEREOF, the parties have hereunto, and to a duplicate hereof of like tenor and effect acting by and through their duly authorized officers or agents, set their hands the day and year first above written. AUGUST A-RICHMOND COUNTY BOARD OF COMMISSION COUNCILPERSONS STATE OF GIA ENVIRONMENTAL PROTECTION DIVISION STATE OF GEORGIA B . CWb B~ ilL Harold F. Reheis, Director AITEST~ CMlrichmond,am I TIIlI docuNnllpplOVld II a~; ATTEST,~~4,~ N:sJ::KALB COUNTY, GEORGIA WI COMMISSION EXPIRES DEe. 16, 1997 .- . CONTRACT Between the Department of Natural Resources Environmental Protection Division and Augusta-Richmond County STATE OF GEORGIA COUNTY OF FULTON STPC 121-16 '~ 1 THIS CONTRACT made this .Ld!.. day of Fe. ( r , 199" by and between the Environmental Protection Division of the Department of Natural Resources, an agenc of the State of Georgia (hereinafter referred to as "EPD"), and Augusta-Richmond County Board of Commission Councilpersons (hereinafter referred to as "GRANTEE"). WITNESSETH THAT: WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; and WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of, Georgia; and WHEREAS, Section 12-8-37.1. ofO.C.G.A. provides that EPD may grant and administer funds for the purposes specified therein; and WHEREAS, certain funds were appropriated by the General Assembly for the purposes set forth herein; and WHEREAS, GRANTEE warrants that it has the authority to expend monies for the purposes set forth herein; and WHEREAS, GRANTEE, in a duly held meeting, adopted a resolution, attached hereto and incorporated herein by reference, approving this CONTRACT and authorizing the acceptance hereof; NOW, THEREFORE, and in consideration of the mutual benefits flowing to each party as hereinafter appear below, the parties mutually agree as follows: I. Scope of Project, EPD agrees to grant, and GRANTEE accepts, the sum of$20,055.00 to be used by GRANTEE for the abatement of scrap tires as described in GRANTEE'S Scrap Tire Clean-Up Program Application (hereinafter referred to as "Exhibit A"), which is attached hereto and incorporated by reference. The GRANTEE is responsible for ensuring that the selected contractor(s) comply with the following. The contractor(s) shall: (a) Secure all approvals, permits, I.D. Numbers required by local. State, and Federal governments. r' (b) Remove all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products from the site(s), as described in Exhibit A. (c) Transport all whole scrap tires, PTEs, processed tires, tire shreds, or other tire products to facilities approved by EPD, as described in Exhibit A. (1) EPD does not allow a person to dispose of a scrap tire into a solid waste landfill. The Director of EPD recognizes that there are some specific types of tires which cannot be recycled. Earth moving off-the-road tires, and tires filled with dirt, rock, or gravel may be allowed to be landfilled by means of written approval from an EPD compliance officer. If any tires are disposed of into a solid waste landfill without written approval from an EPD compliance officer, payment may be withheld by EPD. (d) Cover and re-vegetate in accordance with criteria established by EPD, those areas disturbed by the scrap tire removal activity. Land disturbed areas are to be stabilized in order to prevent the occurrence of soil erosion due to surface water run-off. (e) Dispose of any other solid waste as may be commingled with the scrap tires, or generated during the recovery of the scrap tires in, accordance with local and state solid waste laws and rules. (t) Develop a road capable of allowing access to the tire stockpiles, if necessary. Said road shall be constructed in accordance with county standards. (g) Weigh and date each load of scrap tires and tire-derived products from a site separately at a certified public scale. Said weights for the scrap tires and tire-derived products shall be documented on separate weight tickets. Scrap tires and tire-derived products must be separately weighted at each point of transfer. (h) Weight tickets and log sheets must contain, at a minimum, the following information: (l)Location the scrap tires or the tire-derived products are being transported from. (2)Location of markets the scrap tires or the tire-derived products are being transported to. (3)Loaded gross weight (must be scaled). (4)Vehicle tare weight (must be scaled each trip). (5)Net weight of the scrap tires of tire-derived products. (6)Weight tickets must be signed and dated by a weight station official. 2. Accountability. The GRANTEE agrees to expend the funds specified herein for the purposes stated, and to account for the funds in accordance with generally accepted accounting principles. 3. Pavment Schedule. Subject to the availability of funds for such purpose, EPD agrees to pay the GRANTEE in accordance with the following payment schedule: (a) Invoices shall be submitted to EPD for review and approval. Approvable invoices will be paid within thirty (30) days of receipt. (b) GRANTEE may submit to EPD invoices for the amounts payable for performance of work under this CONTRACT when the project has reached 100% completion. EPD may withhold payment of at least 25% pending verification by EPD of completion of all work required by this CONTRACT. 2 (' . (c) The total cost to EPD for the full perfonnance of this CONTRACT shall not exceed the amount specified herein. GRANTEE shall notify EPD in writing whenever it appears to GRANTEE that the cost of completing the perfonnance of this CONTRACT will exceed such cost. GRANTEE shall not be authorized to incur expenditures in the perfonnance of the work contemplated by this CONTRACT in excess of the cost limitations, unless the cost limitations have been increased by amendment to this CONTRACT. (d) Request for payment shall be submitted within sixty (60) days of project completion. 4. Approval of Invoices. (a) Unless expressly waived in writing by EPD, GRANTEE'S invoices must contain the following: (I) Scrap tire pile location(s). (2) Verification of weight of tire shreds removed from the site. (3) Verification of weight of whole tires removed from the site for subsequent resale, recycling, processing or disposal as provided for in this CONTRACT. (4) Proof that any tire derived products or whole tires were received by the designated end user as provided in this CONTRACT, including the amount received. (b) Copies of weight scale tickets, manifests, purchase orders and any other supporting documentation must be maintained by GRANTEE and made available to EPD upon request for a period of two years after the fmal payment on this CONTRACT. 5. Hold Harmless Obli~ations. (a) GRANTEE shall hold EPD, its agents and employees, harmless from any and all claims resulting from or arising out of the grant, including, without limitation, damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with this CONTRACT, GRANTEE shall, at its own expense, be entitled to and shall have the duty to participate in the defense of the lawsuit ifEPD gives GRANTEE immediate notice in writing of the institution of such suit, pennits GRANTEE to fully participate in the defense of the suit, and gives GRANTEE all available infonnation, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim, loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, its agents and employees, in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees, for any damages that may result from or arise out of the disbursement of the funds hereunder, even if such claims or demands are made against GRANTEE. 6. Conflicts ofInterest. The undersigned GRANTEE hereby attests that all of the officials of GRANTEE have certified that they have not violated any applicable contlict of interest law under either state law (O.C.G.A. ~~ 45-10-20-45-10-28 and 36-67 A-I-36-67 A-4) or under any local ordinance, charter, rule or regulation and that they shall comply with same throughout the tenn of this CONTRACT. 3 -;; . 7. Laws and Ordinances. GRANTEE wilI comply with all applicable Federal and State laws and all local ordinances, including those that govern the procurement of goods and services. 8. Monitorinl! and Audits. Upon request, GRANTEE agrees to provide EPD with any information EPD deems necessary to monitor performance of this CONTRACT, and further agrees that these funds shall be included in the next regularly scheduled audit or fmancial statement and all subsequent ones until totally accounted for. GRANTEE understands that any unresolved fmdings, whether based on an audit report, financial statement, or the fmal report, shall preclude GRANTEE from applying for and receiving any further grants from the Scrap Tire Management Program until such issues are resolved. 9. ODen Meetines. GRANTEE certifies that in approving this CONTRACT, it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. 10. Termination for the Convenience of EPD. EPD shall have the right to terminate this CONTRACT for any reason by giving written notice to GRANTEE of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, and reports prepared by GRANTEE shall, at the option of EPD, be delivered to EPD and GRANTEE shall be entitled to receive just and equitable compensation for any work completed on such documents and other materials. II. Termination for Convenience of GRANTEE. GRANTEE may terminate and specify the effective date thereof, at least 180 days before the effective date of such termination. 12. Chanl!es. EPD may, from time to time, require changes in the scope of the services of GRANTEE to be performed herein. Such changes, including any increases or decreases in the amount of GRANTEE'S compensation, which are mutually agreed upon by EPD and GRANTEE, shall be incorporated in written amendments to this CONTRACT. 13. AssienabiIitv. GRANTEE shall not assign any interest in this CONTRACT, and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent ofEPD. 14. Interest of GRANTEE. GRANTEE covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this agreement. GRANTEE further covenants that, in the performance of this CONTRACT, no person having such interest shall be employed or contracted with. IS. Copvril!ht. No report, surveys, or other documents produced in whole or in part under this CONTRACT shall be the subject of any application for copyright by or on behalf of GRANTEE. 16. General Conditions. The failure ofEPD at any time to require performance by GRANTEE of any provision hereof, shall in no way affect the right of EPD thereafter to enforce the same provisions of any part of the CONTRACT, nor shall the waiver by EPD of any breach of any provision, or as a waiver, 4 modification or recession of the CONTRACT itself. If GRANTEE is a nonprofit contractor as defined in O.C.G.A. Section 50-20-2 (I), as amended, then GRANTEE agrees to comply with the provision of said Act, and in particular the requirements of Section 3 thereof, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said Act. Time is of the essence in this CONTRACT and of every task assignment entered into pursuant to this CONTRACT. This CONTRACT represents the sole and complete understanding of the tenns of this agreement between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 17. Dru~-Free Workplace. (a) GRANTEE hereby certifies that: (I) A drug-free workplace will be provided for the GRANTEE'S employees during the perfonnance of this CONTRACT; and (2) It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As a part of the subcontracting agreement with (Contractor's Name), (subcontractor's Name) certifies to the GRANTEE that a drug-free workplace will be provided for the subcontractor's employees during the perfonnance of this CONTRACT pursuant to paragraph 7 of subsection B of Code Section 50-24-3." 18. Source of Funds. The parties agree that in the event the source of payment for the State's obligations under this CONTRACT no longer exists, or is insufficient to pay for the purposes and activities for which this grant is to be utilized, then this CONTRACT shall, in the sole discretion ofEPD, tenninate without further obligation of the State as of that moment. The certification by the State of the events stated above shall be conclusive. 19. Applicable Law. This agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. IN WITNESS WHEREOF, EPD and GRANTEE have executed this agreement as of the date ftrst above written. AUGUST A-RICHMOND COUNTY BOARD OF COMMISSION COUNCILPERSONS STATE OF GEORGIA ENVIRONMENTAL PROTECTION DIVISION STATE OF GEORGIA r odJ{~ ~ Harold F. Reheis, Director ATTESTJM,~/ ATTEST: 5 RESOLUTION WHEREAS, the Board of Commission Councilpersons of Augusta-Richmond County has applied to the Environmental Protection Division of the Department of Natural Resources for a grant of financial assistance for the abatement of scrap tires as described in Exhibit A; and WHEREAS, such a program is necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Board of Commission Councilpersons that the proposed CONTRACT FOR STATE GRANT NO. STPC 121-16 be and the same is hereby approved and the Mayor of the Board of Commission Councilpersons is herewith authorized to execute, on behalf of Augusta-Richmond County and the Augusta-Richmond County Commission Councilpersons, referenced CONTRACT and any other related documents or papers ne essary to obtain the grant as provided therein. Thi:; 1 ,19t1. ATTEST: ~ Lee Beard Commission Councilperson Ulmer Bridges Commission Councilperson FEDERAL ID# 58-2204274 Henry Brigham Commission Councilperson Jerry Brigham Commission Councilperson Freddie Handy Commission Councilperson Bill Kuhlke Commission Councilperson William H. Mays Commission Councilperson J.B. Powell Commission Councilperson Moses Todd Rob Zetterberg 6 Moses Todd Commission Councilperson Rob Zetterberg Commission Councilperson CERTIFICA TION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Commission Council on the date so stated in said Resolution. I further certify that I am the CLERK OF THE COMMISSION COUNCIL and that said Resolution had been duly entered in the official records of said Board and remains in full force and effect this 7 day of January , 19--2L. d!:!M9J'~ g ature CM/richmond gnt 7 E hiLI ,- ,'...~ X IV) :n f? r,u ,;-__0" Georgia Department or N atara] Resources 111: ~ r" - . ~ . E~oDmental P~otection DiVision UU i NOV I S 1996 Scrap TIn Pile OUD-Up Program Applicatio _ L i ~ ! , tN'il,9']NMENTAL PRe .....J' SECTION A ! __. . ~ '. ._:~:r ')~CJW.~ 9~vrSIGN : - - - --- I. NGDe, Coauty, aDd Addre:a of Applicaat (-See InsUuaions on BKok): Augus ta-Richmond Boa rd 0 f Commissioners, City-COunty Municipal BId (11), Room 802 530 Greene St. 2. CoDr.:tPcnan: Mr. Armando Totka Ausrusta. Aa 30911 3. Telephone: (706) 796-5033 Jf"_~ (706) 796-5045 4. ApplicltionPreparcdby(NIIDCIOrg~): Mr. Armando Totka, Augusta-Richmond Co. Li~ense & Inspection Dept. P.o. Box 6399, August~ Ga 30906 s. Project Description (Describe the ~ ill two or three lIllcu~) ~F. I Tire Recyclers wi 11 1084 transport, and process approximate~y .l~(X)() s€iAp t~res (1.u:> tons) from the 5 sites listed on the site attachment. . . ' 6. Amount ofReimburscmmt Funds Requested: $20 . 0 S5.00 7. Expected Project BegiIming Date: 11/15/96 Expected Projed Completion Dee: 12/15/96 8. Cc:rtificarion: I. the 1JIldcrsigncd 8DIhorizcd I~~ ,. .ftot;ve of the appJicml, certify that to the best of my kDowIedge the information ill the app&.bon is true and comet, the ~ ha bcc:D duly .ulbuUzed by the govcmi:o& body of the applicaat, md, if ftmded, the appJicaot wiD. ClIa1 0111 the project .,ti" i1i- ill the JILIDDC'Z ~ in 1bis app&-tion. I 1'artIa catify that be appJicaal shall maintain accounting~ . . g ~ gO\l"'. ....~d..l accounting priDcipJes IDIIthat the ftmds awuded wiD be iocludcd . '.' ccm:r all or part of the project duratioo. paiod DOted Ibove. ./ __)'/0. 9. ~V "..\S..q".10. Official SigIWoreIDee Mail an app&.tiou. inclnding ~'"'i..ia..d .n..-~ to: Georgia Buy iau~l Protection Division AttD.: Scrap Tn Prosnm Name (pkasc Print): S. MI LLER MEYER, DIRECTOR , 4244 nm.n..rinnal P.tcw.,-, Suite 104 . AtImtI, Georgia 30354 T~: Augusta-Richmond County LICENSE & INSPECTION DIRECTOR ..::. '.'., '... :iL::':; ::~::i:}:/~:r}'ij~?'~:::i'n,,:';'::i;':i:ii.':!(i;~iit:::}:H:i';d:f,:::i::::;l:!ii*i;:,::~ U$i'Cl~Y::::'~::::::i::;::::::::;::,t;.:{.' .': .,',;::;;:; :\:i ::: \:;'H':~:::;,i~;i~:::;:;:)};',::;':,:: ,:,' , II. 'Il...ii.q~..t!!~!~::i~\'!,!,\1j;!i:0~lt~~~~I~~:~i;~!j:;} '. """W'<:~?1\~~' .... . . - '.' - -' - - .-' -: - :: - '... - .; - - '.' ~.....; .;.,.;.;.;.:: .'::: .....;.:. . ..:....". .;.;....:. .'.: . ;. .'.:;:.: :.:.;....:-. : -':: : ...... ': .<::.": :; ;.;. :.......: : . -:.:' - ':-:.' .:.:' - . . ..<.;. :: ," .:. '." - .. . . -.". .':' ," ... -'. . . -. ..... .."...... .... ......... .:;....."- .;... . ..:..... . :..' ::". :.... ....},:~. .: ..,.":. . :::.>:': -.:' .::::..;....::>;.;::.:::-::.:;..:::.::;: :':. ::':':':.:" Pl.EA.SE SEE INSTRUCTIONS ON mE BACK OF nus FORM SWM-FM - Application for Scrap 1lJ'e Pile Cleanup - 7/96 '10f2 . f~. Attachment At (Format) (To be presented in the following order) For sCI1\P tire piles with more than 5,000 tires I. Location of major SQ'Ip tire pile (Itta:h ooumy map with ~). 2. l)ocmnr,.,t..:.on of Ittcmpt to have tires rc:moved by owncrlo~ (Jttach). 3. Edim~ of~ or tons of scrap tires to be removed.. :3~o toas 4. TIrC wiD be removed by: [J City/Coumy Pcrsonncl- Jurisdiction Scrap TIrC Genentor Id~.ation Number J ~/- J 33-G N 13 Independent Abllement Contractor ContractorN~: B.F.I. Tire Recyclers of Georgia Inc COJrtractor Address: 138 SHERREL AVENUE Jackson ,Ga 30233 Connctor Carrier Permit Number. Q 1 e-oo t bR Will contractor process tires on site 0 yes IlO no Ifycs, attach a copy ofhis Permit by R.nJe Acknowkd~ S. Scrap TJRS will be transported to: Name of Facility: B. F. 1. Tire Recvclers of Georgia. Inc Address ofFac!litY: 138 -SHERREL AVENUE Jackson, Ga. 30233 Identification. Number ofFaciJity: OfA-OIiRr.N 6. Project/Activities description: Tbe scrap tire bid was awarded to B.F.I; at $95.50 per ton, mlnunum 10 tons per load. NOTE: Scrap Tira .haIl DOt be trulJported to landfilb for dIIpow after December 31, 1994 DJ-.u.c:hL 1&2 SWM-FM - Scrap Tire Pile Cleanup Attachment A-I - 7/96 : ' Attachment B " Use of Funds .. A detailed line item budget higbligl1ring all anticipated sources of projectlprogram fuoding as well as a detailed line item I':cVim2tl! of all project expenses ~ bc:= provided. Adequate tInt-mrwontllrion to support the cost estimate sbould also be submitted with the request. · A. CONTRACTOR COST - [ for contractor to load, transport, and deliver the collected scrap tires to a GA EPD approved processor, or end user] S~: 50 PER TON X d-.\O (NUMBER OF TONS) [1000 passenger tires = 10 ton] - S 2~O5"5. 00 ATTACHMENT C CheckJist for Evaluating Tire Dumps Required Information for Prioritizing Tire Pile 1. Location of Tire Dumps: County Location of Dump. RICHMOND see site attachment Longitude & Latitude N/A Property Owner ~ee site attachment Mailing Address (of Owner) see Site attachment 6~\ Proximity of Tire Dumps to Populated Areas or Receptors A Proximity to populated areas Tires are located within a one mile radius of one or more of the 'following: ' o Institution (hospital. hospice, nursing home, school) o Ten (10) or more Residences (subdivisions, mobile home parks, closely clustered homes, apartments. ID ~ Commercial areas 5 1]1 Industrial areas [J Agricultural areas, including farm houses . J 5 ~ Population density within the radius exceed 50 residences per square mile.(near priso B. Proximity to receptors o Tires located within two miles up stream of a public drinking water supply intake. o Tires located where surface runoff would enter other streams, lakes or wetlands. S\fH-FM - Scrap Tire Clean-Up Attachment C (ST.15) -7/96 '30 +1'( ------ 4~ 10f2 . -n \ r 3. Susceptibility of the tire pile to fire A History of fires o There is a history of a preyious fire 91': fires. B. Size of tire pile o More than 1,000,000 tires o 100,001 to one million tires .s [] 10,001 to 100,000 tires o 5,000 to 10,000 tires o Less than 5,000 tires C. Characteristics of tire pile 3D Ig a~ o JEt Site has large, concentrated pile or piles ottires (10,000 or more) Site has scattered or small piles of tires There are no fire lanes around the tires There is easily combustible material around the !ires Access to the property is DQ1 controlled. -, ': .. " 4. Susceptibility to and impact of mosquito infestations o There are documented cases of mosquito born.e diseases within a one mile radius of the tire pile. -' o The. tire pile is located within a one mile radius of institutions or residences (as listed in 2 A above.) -' 5 I[J The tire pile is located outdoors and expOsed to rain. 5. Enforcement Activities ~ Local jurisdiction attempted to have site cleaned up by property owner/offender. o Other enforcement actions. DJ:\AtbK:h.C )~ SVWM=M - Scrap lire Clean-Up Attachment C (ST.15) - 7/96 20f2 CITY/COUNTY SCRAP TIRE CLEAN-UP SITE ATTACHMENT FOR EXISTING TIRE PILES '. (A IT ACB 1lIIS TO THE Srn: MAP - NUMBERS LI8nJ) BELOW CORJU:8POND WlI1IllIJ: l"IIln r.n NUMBI:RS ON TIlE srn: MAP) SITENAME SITE ADDRESS PROPF:RTY OWNER ##OFTIRES & TYPE (pROPERTY OWNER or (S1lW:T Ii CJT\') (NAME A ADDRDS A PHONE I) DUMPER'S NAME) CD A.rJG uS '\ A.- \Ol:>.J,.C.CC) ~O ~D A.-- K \2)CDO ~ :1.-(, r\. "^ u ..J '0 A v:J~ta..l 6~r, COK. .!.N~( ? A>'S.E rV es.~ COw JI"'( G,Ovt.lN l"'f.,v ~ (i) "'" (. F" ~ po..v Ie.. ~A.vANN~\-\ tv\ 1(. ef.-;" P t:. <::"l.f:..r' (.,J ~ 8 '000 c. L~ /./' ~ ~ \"s ~I>.O ~.o. ~O)( ~( \ l ? b.S.Sf~~ f_~ A V:3/J-5 d ~ Go. \-\ J:G.. t-l.'-"" ~,.. S 1.0 - N \..J f>,.-ftJ~S 'OolLo ~J.... 3~~1u <ID JV\ " .. -.,..) ..H. I,.. :t ~ "'^" f'^:t llC.OG,~:J'"t.lL~ IV"~, \.....J." \". a."" ...,..~~'"'~ \ ().:J () ,"I r^ ,.....€.~I-"\.~cJ '\2..0b....O ~ ,'~ '"F..~)(.. ~-<-- :J \~o...( l.< C""""\, G,,~ ~~ 1'1 r'~~Se...l'1 ~ ~lL A~lJsTa~G({ @ rY\S. tyJc;J~\e- Wi 11,'sforernc:Jr1 RJ, rils. rntlt{e.. 'S ;tel 1)COD PrES '5 kl T} YleJ A()~U-Std..) Ge. 3~<Dbbt8()S~n ~e, ~d. ~~I1;t.j bw ) G-a, (3)5CVtl1;Xed 10b 1Cf'?- 55D5 w 'fYlS @ Ll to:t~ [;.,/-o.T;(e 'J~ 0Onl'1 R. ~CJrden } ~.J (Xi) fff. s 36~5 b~&1SBn J ~3 '8171 street (m 1''f.iJ.. ecUcrt(v~) Au:/vaCS G'ii. .ftU3~CL-J G;:I. @ (1) @ ,::::scm,"i~RAND:,3';;: ""2 / 1l~ .:,:':;,::,,',::!.::,:':'::::::':';":..::':MAE~:::::;::~;::::,::::::::':::::/:'::;":,:::'::: :::::::::,.>.)~ J UGL-'/ SlTEMAP.996 CASsw.. ST. ~ ~ UUJNH RO. AUGUSTA-RICHMOND COUNTY ROADS & BRIDGES DEPARTMENT LOCATION MAP SITE NO. 2 LOCATION MAP .. . RICHMOND COUNTY. GEORGIA Inspection Department 5 "1 '-_=~ '..',:'.:=' W!r.;-::_.:.r 1815 Marvin Griffin Road POST OFFICE BOX 6399 Augusta, Georgia 30906 (706) 796.5053 (706) 796,5054 Fax (706) 796.5045 3U:LJ".( '.';?E:-: '. =_ccTq C...,j,L PLuMBING MECH~NICAL ZONING tNFORCt"\t'.~ Mr. Charles McDaniel Environmental Protection Division Commercial & Industrial Solid Waste November 7, 1996 Mr. McDaniel, Barden Cannamela of Northeast Georgia Region, EPD cited Mr. Frank Clements of site 2, Old Savannah Road and the Augusta- Richmond County License and Inspection Department notif ied Mr. William Timmerman of Site 3, 3018 Milledgeville Road. Mr. Clements and Mr. Timmerman would not remove the tires and are financially unable to do so. Sincer~ly, , , 'J. i " " 'j / !, , I '~[~ _ Vz-,_ ,',S: Miller MJYer--- Director License & Inspection ., OffiCIAL NOTICE '7 RICHMOND COUNTY. GEORGIA Inspection Department 5, MILLfR MEYE~ o.rec:tOf' 1815 Ma,...;n Griffin Road POST oma SOX S399 Augusa. G-vie 3090e (708) 798-5053 ' (708) 798-5064 Fax 17(8) 798-5045 8UIlDIHG INSPECTION ELfCT'AICAI.. PlUMBING MEOlAHICAi.. ZOMNG ENFOACE~ENT NOVEMBER 7, 1996 CERTIFIED MAIL NO. P-280-022-354 RETURN RECEIPT MR. WILLIAM TIMMERMAN, SR. RT. 1 BOX 206-C HARLEM, GA. 30814 RE: 3018 MILLEDGEVILLE ROAD TAX MAP 70-1 PARCEL 172 . IN ORDER TO PROMOTE AND SECURE THE BENEFICIAL INTEREST OF PUBLIC SAFETY, HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF AUGUSTA-RICHMOND COUNTY, THE STANDARD HOUSING CODE ORDINANCE #5628, THE PUBLIC NUISANCE ORDINANCE #5631 AND THE PROPERTY MAINTENANCE #5693 HAVE BEEN ADOPTED. THESE ORDINANCES ARE ENFORCED BY THIS DEPARTMENT. AN INSPECTION WAS PERFORMED AT THE ABOVE REFERENCED PROPERTY ON NOVEMBER 5. 1996; IT WAS FOUND TO BE IN VIOLATION OF THE ABOVE ORDINANCES. THE VIOLATIONS ARE MARKED BELOW: ACCUMULATED GARBAGE LEAVES/LIMBS/YARD DEBRIS APPLIANCES JUNKED/ABANDONED VEHICLE(S) X DISCARPED TIRES CONSTRUCTION DEBRIS OVERGROWN VEGETATION TRASH X OTHER: PLEASE REMOVE ALL TIRES AND OTHER MISCELLANEOOS ITEMS. THIS IS AN OFFICIAL NOTICE THAT YOU MUST BEGIN TO CORRECT THE VIOLATION WITHIN TEN (10) DAYS FROM THE DATE YOU RECEIVE THIS NOTICE. A REINSPECTION WILL BE MADE ON NOVEMBER 18. 1966. FAILURE TO COMPLY MAY RESULT IN LEGAL ACTION IN MUNICIPAL COURT. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL (706) 796-5171. CJ/srh ~ Georgia Department of Natural Resources 745 Gaines School ROad, Athens, Georgia 30605 Laniel! C. IWTett. Commissioner HMOld F. ReIleis, OIn1dDr Environmental Praiealun 0MsI0n ~ 369-6376 ,... , January 5. 1996 CEATlF1ED MAlL Z 364 002 542 Mr. Frank Oements P.O. Box 5711 Highway 56-N Waynesboro. Georgia 30830 .- RE: Nonce OF VIOLATION Mr. Frank Clements Richmond County Dear Mr. Clements. I am wrttlng to you about the large pRe of tires that are on your property on Old Savannah Road near where it Intersects Deans Bridge Road. There are approximately 8,000 scrap tires lying In two pUes which are located near the fence which separates your property from Ballard Tire Company next door. Storage of large amounts of tires Is a direct violation c:l the Solid Waste Management Act which states that no person shall have more than 100 tires on hlsjher property. All scrap tires generated In Georgia must be taken to a proper recycling facility which Is approved by the Environmental Protection DMsIon. It Is your responslbllty to see that these tires which are on your property are taken to such a facUlty and to provide us with the proper receipts (manifests) to verify this. If the tires are removed, and you can not provide the proper paperwork to show where they have gone, then you wiI stBl be held In violation. Pfease call this office within 7 days , of receipt of this letter so that we may discuss this matter. If we do not hear from you within this seven day time period, then we wII proceed with further administrative actions which will Include substantial monetary penaJUes. We appreciate your cooperation in this matter. You may contact Barden Cannamela. our scrap tire specialist. at (706) 369-6376. Sincerely, rJ. ~4~ G. Robert Bishop, Manager Northeast Georgia Region, EPD cc: Denny Jackson