HomeMy WebLinkAbout5046_CCv0001.pdf RESOLUTION NO. 5046
A RESOLUTION OF THE CITY OF REDLANDS PROVIDING FINANCIAL
ASSURANCE FOR POST CLOSURE MAINTENANCE OF THE CALIFORNIA
STREET LANDFILL, AND RESCINDING RESOLUTION 4920
WHEREAS, 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
WHEREAS, sections 18283 and 18290 of the Regulations specify a Pledge of
Revenue as an acceptable mechanism to demonstrate financial responsibility for financing post
closure maintenance of a solid waste landfill;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Redlands that:
SECTION A
1. The City of Redlands operates the California Street Landfill ("the 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 the Local Enforcement Agency for
the California Integrated Waste Management Board ("the Board").
2. The City of Redlands shall establish a pledge of revenue to demonstrate financial
responsibility for post closure maintenance of the California Street Landfill in
accordance with Sections 18283 and 18290 of the Regulations.
3. Disbursement of funds for post closure maintenance shall be in accordance with
Section 18265.3 of the Regulations.
4. In the event the Board determines that the City of Redlands has failed, or is
failing perform post closure maintenance as required by law, the Board may
direct the Finance Director of the City of Redlands ("the Finance Director") to
pay to the Municipal Utilities Director from the pledged revenues such amounts
as are necessary to ensure sufficient post closure maintenance, who then shall be
obligated to use such funds for post closure maintenance in accordance with the
directive of the Board.
5. The Municipal Utilities Director is directed to produce an annual report for
transmittal to the Board, containing a revised post closure maintenance cost
estimate, prepared as specified by Section 18266 of the Regulations.
i
SECTION B
1. Resolution 4920 is hereby rescinded.
ADOPTED, SIGNED AND APPROVED this 1st day of February, 1994.
Mayor, City of Redlands
ATTEST:
City Clerk
City of l2e ands, CaliNinia
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was adopted by the City Council at a regular meeting thereof, held on the lst day
of February , 1994, by the following vote:
AYES: Councilmembers Foster, Cunningham, Gil, Gilbreath; Mayor Larson
NOES: None
ABSENT: None
/
City Clerk F
Resolution. No. 5046 Page 2
After execution,
Please return one
original to:
City Clerk's Office
City of Redlands
AGREEMENT P. Q• Box 3005
Redlands, CA
for 62373
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 S, 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
WHEREAS, 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
WHEREAS, 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
NO'"', 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.
i
Post Closure Agreement
Page 3
STATE OF CALIFORNIA CITY OF REDLANDS
California Integrated
Waste Management Board
By:
Ralph E. Chandler Swen Larson
Executive Director Mayor
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE PROCEDURE
By: By:
Robert F. Conheim aniel J. McclKh
Chief Counsel City Attorney
After execution, ATTEST:
please return one
original to:
City Clerk's Office By.
City of Redlands C- Cl k
P, O. Box 3005
Redlands, CA
92373