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Article Excerpt
ABSTRACT
This article is intended as a road map for appraisers who have a landfill consulting assignment. Construction or expansion of a solid-waste landfill typically triggers an extensive permitting process. Real estate appraisers are sometimes called on to present evidence and/or testimony for clients who support or oppose the proposed landfill improvements. This article sets forth information and techniques to assist the appraiser in providing that appraisal service. A literature review is included.
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An article in a Florida newspaper begins, "New York has the Statue of Liberty. St Louis has its arch. And in coming years, one of Manatee County's most visible landmarks could be a 150-foot-tall mound of construction debris." (1)
This news item was published after a national waste management firm proposed a construction and demolition debris landfill to cover 130 acres of a 300-acre site. Local residents and environmentalists were outraged. On the other hand, a spokesman for the landfill firm was quoted in the same article as saying, "It's near an abandoned phosphate mine, the port, and the jail. If you're going to find a place in Manatee County to put it, that would most likely be it." (2)
The landfill company made a formal application for development approval, and hired experts to formulate a landfill design and prepare all the necessary application paperwork. In government offices, that process of review began. Meanwhile, nearby property owners began to organize in opposition. A "Stop Trash Mountain" Web site appeared. A coalition of developers who own nearby tracts of land hired attorneys, and began planning an organized opposition to the landfill's development applications. A public hearing, which would mark the first major hurdle for the proponents of the landfill, was scheduled. Shortly thereafter, the phone rang at an appraisal office.
The Consulting Assignment
Landfills are a very profitable commercial land use. In areas where growth and new construction are evident, landfill construction and expansion is a logical result
As with other new commercial uses, landfill construction is subject to the permitting requirements of local government bodies. In addition, the environmental and operational aspects of a landfill may require permitting from local, state, or federal agencies. For instance, landfills in the state of Florida are regulated by the Florida Department of Environmental Protection (FDEP).
During the landfill permitting process, the applicant may be required to present evidence or testimony regarding the suitability of the proposed landfill for a particular location. Individuals or groups who oppose the permit, such as environmental groups or neighboring property owners, also may have the opportunity to present information or testimony regarding compatibility and impact.
In either case, it is not uncommon for the opposing parties to engage the services of a real estate appraiser to evaluate the proposed landfill and provide a written report and/or testimony regarding the potential impacts. These assignments are a form of appraisal consulting.
Identifying Landfill Characteristics
As with all consulting assignments, it is first necessary to establish the scope of work. In this instance, the subject property is defined as the land proposed for improvement with a landfill. All pertinent physical, environmental, and legal aspects of the subject property must be identified, just as in a traditional appraisal assignment. Data must be assembled on the size and shape of the property; zoning and other land use restrictions; floodplain issues; soil type; and other relevant aspects. The development application for the landfill is often a source for this data, but the appraiser should verify this information.
Operational information for the proposed landfill is important to consider. This includes details such as type of permit sought, type of landfill proposed, special physical characteristics (i.e., clays, soils), man-made liners or other barriers proposed, projected useful life, topographical aspects (i.e., above-grade mounded landfill, infill of existing depression), and volume of waste forecast to be received (i.e., tons per week, cubic yards per day). The proposed improvements (specific characteristics of the proposed landfill) must then be identified, including the size and layout of active landfill cells as they relate the overall subject property.
It is also important to identify the operating aspects of the proposed landfill, such as days and hours of operation, location of entrance and exit points, location of front gate, and location of major site improvements (i.e., scale house, fencing, and landscape buffers).
Landfill Cells. Landfill cells are the portions of a landfill site that are used for permanent storage of waste. Other areas of a landfill are used for operations (internal roadways, dirt stockpiles, office, scale house, equipment shed, temporary waste-storage areas for recyclables or land clearing debris). Landfill cells can be active or passive. The working face of an operational landfill is the area where trucks are depositing garbage; Figure 1 is an example of an active construction and demolition (C&D) cell. When landfill ceils reach maximum capacity in size and/or height, they are closed. There is a prescribed capping-off process, after which the closed cells are usually planted with sod.
The number and size of landfill cells is dictated by the particular size and shape of an overall site, type of waste accepted, environmental factors, drainage characteristics, and numerous other site-specific criteria. Landfill cells are analogous to the developable pods in a large planned development. The planned development would have roads, drainage ponds, park sites, conservation areas, and other passive uses. The actual areas where development of structures could occur (i.e., Phase I, multifamily building site, shop ping center site) would represent the cells.
Landfill Liners. Landfill liners are layers of natural and/or man-made materials that line the bottom of a landfill cell. When working properly, a liner system traps and collects the leachate that drains through the layers of a landfill. (3) The collected leachate is then pumped away for treatment. Monitoring wells are typically required around the perimeter of a landfill to make sure that leachate is not escaping through the liner and polluting the land nearby. When leachate is detected in monitoring wells, it indicates that the liner system is leaking.
Various types of clay and soil are used in landfill liner systems, sometimes in combination with manmade elements. Thick layers of clay are sometimes proposed to form a watertight barrier that can function as a liner. Man-made liner systems are typically engineered from thick plastic sheets, fastened together with seams to form a waterproof barrier. A plastic garbage bag placed inside a garbage can is an example of a rudimentary liner system.
[FIGURE 1 OMITTED]
The reliability of a liner system depends on many factors, such as materials used, quality of installation, landfill operation policies, climate, and location. The reliability of liner systems is a subject of ongoing debate among stakeholders. For instance, many environmentalists argue that no liner system can be 100% reliable, particularly over decades and centuries of use. On the other hand, those who design and install such systems are adamant about the reliable performance of the landfill liners....
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