Immediate Threat – Increased Operating Expenses

Immediate Threat

HEADNOTES

CONCLUSION

: Bay County (Applicant) has demonstrated an immediate threat existed that required the removal of the excess leachate from its Steelfield Road Landfill (Landfill). Accordingly, the appeal is partially granted provided the Applicant can provide documentation demonstrating: (1) the hydraulic pressure did not exceed the 1 foot maximum prior to the disaster; and (2) when the immediate threat ceased based on when the hydraulic pressure returned to the 1 foot maximum, and the associated short-term costs for transporting the leachate at a rate of $23.50 per 1,000 gallons. However, costs associated with processing and disposing of the leachate remain ineligible.

AUTHORITIES

Immediate Threat – Increased Operating Expenses