HomeMy WebLinkAboutContracts & Agreements_2-1994_CCv0001.pdf J After execution,
please return one
original to:
City Clerk's Office
City of Redlands
AGREEMENT P. 0. Box 3005
Redlands, CA
92373
for
PLEDGE OF REVENUE ESTABLISHING FINANCIAL ASSURANCE FOR POST
CLOSURE MAINTENANCE OF THE CALIFORNIA STREET LANDFILL
This agreement establishes a pledge of revenue to assure that adequate funds are available to
carry out the post closure maintenance of the California Street Landfill.
This Agreement shall become effective immediately and is made and entered into by and
between the City of Redlands ("CITY") and the California Integrated Waste Management Board
("BOARD-).
WHEREAS, California Public Resources Code, Sections 43500 through 43610
and sections of Title 14 of the California Code of Regulations ("Regulations"), Division 7,
Chapter 5, Article 3.5, require operators of solid waste landfills to demonstrate the availability
of financial resources to conduct closure and post closure maintenance activities; and
VIIHEREAS, Sections 18283 and 18290 of the Regulations specify a pledge of
revenue as an acceptable mechanism to demonstrate financial responsibility for post closure
maintenance of a solid waste landfill; and
WHEREAS, the CITY operates the California Street Landfill, a solid waste
landfill, in conformance with the findings, conditions, prohibitions and requirements contained
in Solid Waste Facilities Permit No. 36 AA 017 issued by San Bernardino County serving as
Local Enforcement Agency for the BOARD; and
WHEREAS, the CITY receives revenues for solid waste services to its customers
in accordance with rates set by Title 3 of the Redlands Municipal Code and deposits these
revenues into the Solid Waste Fund; and
WHEREAS, the CITY is pledging revenue from solid waste customer rates
deposited into the Solid Waste Fund; and
VVHEREAS, the CITY has determined that projected net revenues from solid
waste customer rates during the thirty (30) year period of post closure maintenance shall during
each year of this period be greater than the yearly monitoring and post closure maintenance cost
contained in the most recent cost estimate for the California Street Landfill, submitted to the
Board, in accordance with Section 18266 of the Regulations;
Post Closure Agreement
Page 2
NOW, THEREFORE, the CITY and the BOARD do agree as follows:
1 The CITY hereby establishes a pledge of revenue to demonstrate financial
responsibility for post closure maintenance of the California Street Landfill in
accordance with sections 18283 and 18390 of the Regulations.
2. The CITY agrees to pledge net revenues from solid waste customer rates as
described herein.
3. The amount of the pledged revenue shall be equal to $58,000 per year for the 30
year period of post closure maintenance, representing the most recent monitoring
and post closure maintenance cost estimate for the California Street Landfill. It
is agreed that the amount of this pledge may increase or decrease to match any
adjustment to the identified cost estimate which is mutually agreed to by the
CITY and the BOARD.
4. If the CITY ceases at any time to retain control of its ability to allocate the
pledged revenue as identified herein to pay post closure maintenance costs, the
CITY shall notify the BOARD and the Local Enforcement Agency and shall
obtain alternative coverage within sixty (60)days after the control of funds lapses,
pursuant to Section 18290 of the Regulations.
5. In the event that the BOARD determines that the CITY has failed, or is failing,
to perform post closure maintenance as required by law, the BOARD may direct
the Finance Director of the CITY to pay to the Municipal Utilities Director from
the pledged revenues such amounts as are necessary to insure sufficient post
closure maintenance, and such funds shall be disbursed for post closure
maintenance in accordance with the directives of the BOARD.
IN WITNESS HEREOF, the parties have executed this agreement on the date
and year as set forth below.
By the CITY, this, 1st day of February 1994.
By the BOARD, this _ day of 1994.
Past Closure Agreement
Page
STATE OF CALIFORNIA CITY OF REDLANDS
California Integrated
'Neste Management Board
Ralph E. ` ler Swen Larsen`
Executive Director Mayor
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE PROCEDURE
By: By:
Robert F. Con eirn aniil J. M
Chief Creel City Attorney
ATTEST;
After execution,
please return one
origin to: B
City Clerk's Office
City of Redlands C-10 k
P. 0. Box 3005
Redlands CA
9237