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SPSA board adopts amendment to Use and Support Agreements to enable longer-term disposal contract
Summary
The Southeastern Public Service Authority board unanimously adopted a resolution approving a first amendment to member Use and Support Agreements that would permit a conditional extension of the agreements through June 30, 2052, and set steps toward a long-term waste disposal contract with Commonwealth Sortation LLC.
The Southeastern Public Service Authority board on Sept. 24 unanimously adopted a resolution approving a first amendment to its member Use and Support Agreements, clearing the first of four conditions required to enable a potential long-term disposal contract with Commonwealth Sortation LLC.
The amendment, presented by SPSA staff, would make two main changes: revise the definition of "recyclable waste" to reflect current practice (materials segregated by communities for recycling) and, subject to several conditions, extend the UNSA initial term from its current 06/30/2027 expiration to 06/30/2052. The extension is contingent on four events listed in the amendment: (1) passage of a board resolution approved by at least 75% of the board, (2) execution of the amendment by at least 75% of SPSA member localities, (3) passage of a resolution designating Commonwealth (or its facilities) as a designated disposal mechanism and authorizing the executive director to execute a WSSA, and (4) final execution and delivery of the Waste Supply and Services Agreement (WSSA) between SPSA and Commonwealth.
Brett Thrower, a member of SPSA staff who reviewed the draft, told the board the amendment is straightforward. "There are two things that are being changed here. It is a very simple amendment," he said, describing the definitional change to recyclable waste and the conditional extension tied to the WSSA and member approvals.
The resolution text recited the RFP history (RFP 01-24), noted SPSA had negotiated exclusively with Commonwealth Sortation LLC since Feb. 26, 2025, and described a proposed WSSA that, if executed, would require SPSA to deliver municipal solid waste to Commonwealth facilities for a 20-year period following installation of certain facilities equipment. The resolution further authorized SPSA’s executive director to execute amendments and any documents necessary to carry out the amendment if the board and member localities satisfy the conditions.
Following a motion to adopt the resolution, the board conducted a roll call. Members answering in the affirmative included Maxwell, Sorey, Ralston, Saunders, Baugh, Robertson, Kiefer, Person, McCoy, Graham Williams, Parnell, Lowe, Green, Hughes, Leahy and Hansen. The chair declared the motion "adopted unanimously," noting the board had cleared the first of the four conditions required for the amendment to take effect.
The amendment’s supporters told the board it is intended to give SPSA a longer planning horizon to pursue alternative disposal mechanisms and to facilitate an approximately 50% diversion target away from the regional landfill over time. Opponents or objections to the amendment were not recorded during the meeting. The board signaled its intent to hold follow-up steps, including member-locality votes and a forthcoming special meeting to consider the underlying WSSA and related contract terms.
Next steps: SPSA staff will circulate the amendment to member localities for execution, and SPSA indicated it would seek the separate designating resolution and final WSSA signatures before any extension becomes effective. The board discussed scheduling a possible special meeting in early November to consider and vote on the Commonwealth contract.
