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Home My WebLink AboutContracts & Agreements_125-2008_CCv0001.pdf Aftachnnant2 PLEDGE OF REVENUE AGREEMENT FOR POSFCLOGUREMAINTENANCE AND/OR CORRECTIVE ACTION CALIFORNIA STREET LANDFILL This agreement establishes aPledge ofRevenue hoassure that adequate funds are available tocarry out the Pmstc|osumaMaintenance and/or Corrective Action ofthe California Street Landfill, This agreement updates the City of Redlands previous Pledge of Revenue for Postclosure Maintenance and Corrective Action for Known orReasonably Foreseeable Release. / This Agreement shall become effective immediately, and is made and entered into by and between the City of Redlands and the California Integrated Waste Management Board (C|VVK8B). WHEREAS, Public Resources Code, sections 43500 through 43610.1 and Title 27, California Code of Regulations(Regulations), Division 2, Subdivision 1, Chapter 6, require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure and postclosure maintenance and/or corrective action activiUes-, and WHEREAS, sections 22228 and 22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for postclosure maintenance and/or corrective action costs ofasolid waste landfill; and WHEREAS, the operates the California Street Landfill, osolid waste landfill, in conformance with the findings, conditions, prohibitions and requirements containedinSolid Waste Facilities Permit No. issued by, San Bernardino County LEA serving asLocal Enforcement Aoenuyfor the {�|VVk8B; nnd - VVHEREAG, the City of Redlands is o full oen/in* municipal provider and the only permitted hauler of solid waste collection within the incorporated city limits; and VVHEREAS. the CitV of Redlands owns and operates the California Street Landfill vvhich, is in turn. funded from the collection and disposal fees charged to City residents and businesses; and WHEREAS, the landfill operation far exceeds the annual cost of post-closure and includes monies for contingency expenses; and WHEREAS, the CLitV of Redlands generates inexcess of$A.OUU.00Oper year for collection and disposal operations; and WHEREAS, the City of Redlands iapledging revenues from the collection and disposal fees deposited into the City nfRedlands Solid Waste Operating Fund; and WHEREAS, the City of Redlands has determined that projected net revenues from collection and disposal fees during the thirty(30)year period of postclosure maintenance (and/or during the corrective action period), shall, during each year of this period, be greater than the yearly monitoring and postclosure maintenance costs and/or corrective action costs contained inthe most recent Cost Estimate for the California Street Landfill which has been submitted to the CIWMB in accordance with section 21840 of the Regulations, NOW THEREFORE, the City of Redlands and the C|VVK8Bdoagree eafollows; 1. The City of Redlands herebv establishes a pledge of revenue to demonstrate financial responsibility for poebc|osuremaintenance and/or corrective action ofthe California Street Landfill /naccordance with sections 22228and 22245ofthe Regulations. 2. The The agrees topledge net revenues from the Solid Waste Fund asdescribed herein. 3� The amount ofthe pledged revenue shall beequal Uo$ 151,817 per year for the]Oyear period uf 3 oronux postclosure maintenance, representing the most recent monitoring and postclosure maintenance cost estimate for the California Street Landfill. kisagreed that the amount ofthis pledge may increase ordecrease tomatch any adjustment to the identified cost estimate, which is mutually agreed to by the City of Redlands and the C|VVK8B, �-- 4� The amount ofthe pledged revenue shall beequal bo$ 1,146 per year for the estimated length ofthe reasonably foreseeable corrective action period, representing the most recent reasonably foreseeable corrective action cost estimate for the California Street Landfill. It is agreed that the amount ofthis pledge may increase or decrease to match any adjustment to the identified cost estimate, as approved by the CIWMB, LEA and RVVOCB, as applicable. 5. If the City of Redlands ceases atany time bmretain control ofits ability toallocate the pledged revenue aa identified herein to pay pogtc|osVne maintenance costs and/or corrective aoiion, the City of Redlands shall notify the C|VVK4Band the local enfon:eDlentagency and shaUobtain alternate coverage vvithinsixty(G{) days after the control of funds |apses, pursuant to section 22245 of the Regulations. 0. |nthe event that C|VVK4D. RVVQCB orLEA staff determine that the City of Redlands has failed, orio failing, toperform posho|osuremaintenance and/or corrective actions asrequired bylaw, the C|VVK8B. RVVC)CB and/or LEA staff shall confer with the City of Redlands and attempt bnresolve the alleged violation. If no agreement isreached, the matter shall bapresented bothe C|VVK8Bwhich shall give reasonable notice, hold a public hearing, and consider the testimony and documentation submitted by the CIWMB and/or LEA staff, the Redlands,City of and any interested partiem, prior to making a determination in the matter. /n the event the C|VVK48then determines that the City of Redlands has failed, orisfailing, toperform poatc|oeuremaintenance and/or corrective action as required by law. the C|VVK8B may direct the pay the Chief Engineer from the pledged revenues sufficient funds to ensure postclosure maintenance and/or corrective action, who then shall be obligated to use such funds for postclosure maintenance and/or corrective action in accordance with the directives ofthe C|VVMBand RVVC>CB. IN WITNESS HEREDF, the parties have executed this agreement on the date as set forth below. ByCounty this 5th day of August . 2000 By C|VVMB this day of . 2008 STATE OFCALIFORNIA CITY OF REDLAND California Integrated Waste Managernepto Board toy 1J W�y� By Authorized Officer ofthe C/WMB Mayor APPROVED AS TO FORM ATTEST: AND PROCEDURE: P Osk By. By. - Authorized Counsel Ofthe C|VVMB ~/ Locri&zer, City Clerk APPROVED AGTO FORM AND PROCEDURE: By: ity 4 07/2008 CALIFORNIA INTEGRATED UNDA S All-MUS ARNOLD SCIMAR)FNEGGEF Sr cm[ARY k)R ENVIR(-,NMI N1 Al. Govi kk,4oR PROTECTION WASTE MANAGEMENT BOARD 10011 STREET,SACRAMENTO,CALIFORNIA 95814- P.O.Box 4025,SACRAMENTO,CALIFORNIA 95812-4025 (916)341-6"•W%V-C1wmB,CA.(3OV NIARGO REM BROWN September 5, 2008 CHAIR Rp=CEIVED MBROWN@CIWM8.CA.GOV (916)341-6051 SEP 10 20 Gary Van Dorst, Director - - City of Redlands eye Dept,. WESLEY CliESBRO P. O. Box 3005 WCHESBRO@DCIW\4B.CA.GOV I (916)306039 Redlands, CA 92373 RE: Approval of Financial Assurance Mechanism for Postclosure Maintenance and Corrective Action Costs of the California Street Landfill, Facility No. ROSALIE MuLt RMULE@CIWMB.CA.GOV 36-AA-0017 (916)341-6016 Dear Mr. Van Dorst: CHERYL California Integrated Waste Management Board (CIWMB) staff reviewed the CPEACE@CIW\MB.CA.G0V financial assurance mechanism for California Street Landfill. As a result of this (916)341-6010 review, CIWMB finds that the Pledge of Revenue Agreement in support of postclosure maintenance and corrective action costs meets the requirements of Title 27, California Code of Regulations, (CCR), Division 2, Subdivision 1, GARYPffERsf, N Chapter 6, section 22245, and as such, is approved by CIWMB. GPETERSEN@CIWMB.Ck0OV (916)341-6035 Enclosed are two Pledge of Revenue Agreements with original signatures for your files.If you have any questions regarding this determination, please call Jonalyn -mb.ca.gov. -6715 or send email o JbaiurinCa,,'.ciw Bajurin at (916) 341 t Sincerely, William R. Off, C.E.G., Chief Cleanup, Closure and Financial Assurances Division cc: Ms. Leslie Graves, State Water Resources Control Board Ms. Dixie Lass, California Regional Water Quality Control Board RRoma"omans Mr. Gino Yekta, California Integrated Waste Management Board MFA NAti6A{BacT OkkANAL PRENTEDON PAPER