What this document is
The action instrument. This brief distills the Feedstock System Analysis, the Deployment Proposal, and the Economic Impact Review into a single decision frame for the Town Board. It states the capacity position, the single Circular Supply Agreement structure, the illustrative economics, what delay costs, and one call to action: execute the LOI/MOU. No new figures are introduced here.
- Brookhaven is not facing a disposal price problem. It is facing a capacity cliff in a region where replacement capacity is not permittable.
- Rail export answers the cliff by converting a closing Town asset into a permanent, escalating, exported operating cost with no local return.
- Advanced Circular Manufacturing keeps the material, the manufacturing value, the jobs, and a recurring Circular Royalty™ inside the Town.
A permit that expires, in a region where the legal option to replace it does not exist
The Brookhaven Landfill — opened 1974 at 350 Horseblock Road, Yaphank, on a roughly 500-acre Town-owned waste-management complex within which the landfill cells sit — is the last major disposal asset of its kind on Long Island. Its permit expires 11 July 2026, with the Town seeking extension to 2027–2028. Construction & demolition acceptance ended at the close of 2024.
The Long Island Landfill Law of 1983 — enacted after landfill leachate was found in the region's sole-source aquifer — bans new Long Island landfills outright, closed all but two by 1989, and ended municipal solid waste landfilling on Long Island in 1990. A replacement landfill is not permittable. This is not a cost problem to be re-bid; it is a capacity cliff with a date on it.
The Town of Brookhaven — population 489,810 (2024 Census) and the largest town in Suffolk County — generates an Estimated ~1,102 TPD of addressable manufacturing feedstock town-wide (~402,000 tons/year), derived from the Long Island regional per-capita rate of 4.5 lb/person/day applied to Census population. The Town does not publish a town-wide generation figure; a Deployment Study must verify this against Town and hauler-specific manifests before any binding CSA economics.
The regionally endorsed answer to the cliff is rail export off Long Island entirely — the Winters Rail Terminal adjacent to the landfill site and the Townline Rail Terminal at Kings Park, with estimated transfer capacity around 6,000 TPD. All ten Suffolk Town Supervisors and the County Executive have endorsed rail as the one clear solution. Rail export is a real answer to the capacity question. It is also a permanent, escalating operating cost, paid outward, in perpetuity, with zero local return on the material.
Running alongside the permit calendar is an active NYSDEC corrective-measures process. The Town's draft Corrective Measures Report of May 2026 was returned unapproved on 5 August 2026, and a revised Report is due to the Department on or about 3 November 2026. Every corrective measure under evaluation is financed by Brookhaven taxpayers through property-tax increases and municipal borrowing — and the Town's own Report records that no measure other than landfill reclamation would attain groundwater protection standards, the measure that also directly answers the 6 NYCRR Part 363-10.1(b)(2)(iii) requirement to control the sources of releases to the maximum extent practical. The Town, not the Department, selects the measure.
Reclamation at scale requires somewhere for the excavated solid mass to go, and under a Circular Supply Agreement the Town is paid per ton for legacy mass processed rather than borrowing against it. Carbotura accepts landfill leachate and wastewater sludge as feedstock streams, and PFAS does not survive elemental dissociation — though Carbotura does not operate a groundwater extraction system or remediate the existing aquifer plume — and the Exogenesis™ legacy pathway deploys on qualifying legacy-landfill sites 3–7 years after commercial operation date, so it is not an answer to the November 2026 Report deadline.
Carbotura's Advanced Circular Manufacturing facility processes residual streams into synthetic graphite, graphene compounds, and recovered minerals through elemental dissociation — anoxic, oxygen-free, no combustion — with net-positive ultrapure water. Zero Town capital cost. Zero construction debt. Zero operating liability. The Town's sole financial obligation under the CSA is the Beneficiation Fee (TMC Fee) on delivered feedstock. Circular Royalty™ payments begin 13 months after Carbotura's receipt of the first Beneficiation Fee payment.
Five structural facts for the Town Board
The Town is seeking extension to 2027–2028. Even granted, that is a two-year deferral of the same date. Under the 1983 Long Island Landfill Law, the option to build replacement disposal capacity does not exist at any price. Every month spent without a manufacturing pathway is a month closer to a hard dependency on off-island export.
Since 1990 the Town has run an "Ash for Trash" arrangement — municipal solid waste to the Covanta Hempstead waste-to-energy facility for combustion, with roughly 350,000 tons of resulting ash returned annually to Yaphank for landfilling. When the landfill closes, that ash needs a destination. Rail export supplies one, at an escalating per-ton cost the Town does not control and from which no material value, no manufacturing base, and no revenue returns to Brookhaven.
The Town's financial exposure is limited to the Beneficiation Fee on delivered feedstock. No construction debt, no bond authorization, no capital appropriation for infrastructure the Town does not own, no operating liability. The 30-year Circular Supply Agreement (CSA) is a Carbotura obligation backed by step-in rights and a Parent Performance Guarantee. Deployment follows Design for Manufacturability (DFM): modules are manufactured products replicated for capacity, not site-built projects.
Year 2 illustrative: By Year 10 the royalty is $155.96/ton against a $124.89 fee (+$31.07). By Year 30 it is $295.48/ton against a $204.64 fee (+$90.84). The widening is structural: the Multiplier rises one percentage point per year while the fee escalates at a fixed 2.5%. The Beneficiation Fee and the Circular Royalty™ remain separate transactions and are presented separately throughout.
The site is a roughly 500-acre Town-owned waste-management complex at Yaphank, within which the landfill cells sit — carrying existing Town solid-waste infrastructure and established heavy-vehicle access. The Town has publicly described redeveloping the closed landfill site as an "energy park," and the Yaphank Fuel Cell Park already operates on the site, so industrial and energy reuse of this ground is an established trajectory rather than a proposition. An ACM module sited there lands on ground the Town already owns and already uses for this purpose rather than on greenfield. Permitting runs NYSDEC Region 1 pre-application meeting → 6 NYCRR Part 360 series application → Town siting and zoning → Suffolk County environmental review coordination. Regulatory predicate transition is a pathway to be pursued through that process, not an accomplished classification.
One commercial structure for the Town of Brookhaven
Carbotura offers a single commercial structure — the Circular Supply Agreement (CSA): Beneficiation Fee (TMC Fee) plus Circular Royalty™. It applies to this and every engagement; there is no alternative structure to evaluate.
Beneficiation Fee + Circular Royalty™
- Beneficiation Fee (TMC Fee): $100.00/ton Year 1 planning basis · 2.5%/yr escalator
- Circular Royalty™ Multiplier: 120% Year 1 rising to 150% Year 31 · +1pp/yr, uncapped
- Royalty per ton = that year's Multiplier applied to that same year's escalated Beneficiation Fee
- Royalty commencement: 13 months after Carbotura's receipt of the first Beneficiation Fee payment (CSA Art. 1.5)
- 30-year CSA term · perpetual continuation language
- Parent Performance Guarantee · zero Town capital expenditure
- Regulatory predicate transition pursued through NYSDEC Region 1 Part 360 process
- US GAAP accounting treatment · all figures USD
What a ton is worth to Brookhaven over the term
All dollar figures are illustrative, computed at a $100.00 Year-1 Beneficiation Fee for modelling purposes. The formulas are canonical and fixed by corpus; the fee itself is set at Term Sheet.
| Year | Beneficiation Fee | Circular Royalty™ |
|---|---|---|
| Year 1 | $100.00 | — (13-month lag) |
| Year 2 | $102.50 | $120.00 |
| Year 5 | $110.38 | $132.46 |
| Year 10 | $124.89 | $155.96 |
| Year 20 | $159.87 | $215.23 |
| Year 30 | $204.64 | $295.48 |
The Beneficiation Fee and the Circular Royalty™ are separate transactions under the CSA and are never netted into a single position.
Phase Initial and Phase Expanded at a glance
| Measure | Phase Initial | Phase Expanded |
|---|---|---|
| Throughput | 400 TPD · 146,000 TPY | 1,200 TPD · 438,000 TPY |
| Year-2 Circular Royalty™ | $17.52M | $52.56M |
| Year-30 Circular Royalty™ | $43.14M | $129.42M |
| 30-yr cumulative Circular Royalty™ | $829.4M | $2.488B |
| 30-yr cumulative Beneficiation Fee | $641.0M | $1,922.9M |
| Direct manufacturing jobs | ~200 | ~600 |
| Carbon displaced | ~65,700 tCO₂e/yr | ~197,100 tCO₂e/yr |
| Town capital expenditure | $0 | $0 |
Four numbers the decision turns on
2.5%/yr escalator · illustrative
no replacement permittable
$2.488B at Phase Expanded
no public construction debt
Manufacturing jobs, sited in the Town
The Circular Royalty™ is recurring revenue the Town controls. The jobs are permanent, local, and manufacturing-grade — based on a standard deployment model of 50 direct full-time equivalents per 100 TPD of installed capacity.
Phase Initial · 400 TPD
Phase Expanded · 1,200 TPD
continuation language
Rail export creates no manufacturing employment in Brookhaven. Every ton exported is a ton of material value handled, and paid for, somewhere else.
Brookhaven now — Long Island next
The 1983 Long Island Landfill Law did something structurally unusual: it made each of Long Island's 13 towns and 2 cities its own independent waste-planning unit — not the counties, as everywhere else in New York State. The consequence is that every one of those jurisdictions faces the same post-landfill capacity cliff separately, on its own timetable, with its own board making its own decision. And every one of them is currently being routed toward the same answer: pay to export, forever.
A standard single-jurisdiction Circular Supply Agreement. Phase Initial 400 TPD scaling to Phase Expanded 1,200 TPD, answering the Brookhaven Landfill's closure directly, with the material, the manufacturing value, the jobs, and the Circular Royalty™ all retained in the Town.
Brookhaven — the largest town in Suffolk County, holding the region's most significant existing waste-infrastructure footprint — is the natural anchor deployment. A proven Brookhaven module becomes the reference installation for a Long Island programme addressable across a combined Nassau and Suffolk population of approximately 2.94 million.
Level 2 is stated here as an addressable regional opportunity only. It is not a committed multi-site plan, not a signed pipeline, and not a representation about any other jurisdiction's intentions or timetable. No figures are attached to it. It is included because it changes what the Brookhaven decision means: the Town is not only solving its own capacity cliff, it is deciding whether the first answer built on Long Island is one that exports value or one that keeps it.
The same question sits beneath the corrective-measures process now in front of the Board: the Town selects the measure, and the Circular Supply Agreement is the one pathway on the table under which Brookhaven is paid per ton for reclaimed mass instead of borrowing against it.
The irreversibility instrument here is the landfill permit calendar and the regional rail-export commitment sequence. The permit expires 11 July 2026, with extension sought to 2027–2028. Rail-export transfer capacity is being developed against that same date. Once the Town's residual volume is contractually committed to an export pathway, that volume is no longer available for CSA allocation — and export contracts are long-dated by design.
The engagement sequence is LOI/MOU → Term Sheet → CSA. Each stage is a prerequisite for the next. Every quarter the LOI/MOU is deferred defers the Term Sheet, defers CSA execution, defers module deployment, and defers the first Circular Royalty™ payment by a corresponding quarter. Time lost at the front of that sequence cannot be recovered at the back of it.
Executing the LOI/MOU initiates the canonical engagement sequence: LOI/MOU → Term Sheet → CSA. The Term Sheet phase converts every provisional and estimated registry input into contracted inputs for CSA execution — specifically:
- Feedstock verification — the ~1,102 TPD town-wide estimate tested against Town and hauler-specific manifests
- Cost-baseline confirmation — the true current cost of the "Ash for Trash" arrangement and the projected rail-export trajectory
- Phase Initial TPD confirmation — the addressable Brookhaven stream available at commencement
- Site confirmation — the Yaphank / Horseblock Road corridor candidate area
- Beneficiation Fee setting — the $100.00/ton planning basis converted to a contracted figure
CSA execution starts deployment. This is the one decision required to begin the engagement.