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RESOLUTION NO. 94-33
FINANCIAL ASSURANCE FOR CLOSURE AND
POSTCLOSURE MAINTENANCE OF THE
CITY OF UKIAH SOLID WASTE FACILITY
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 postclosure maintenance activities; and
WHEREAS, Title 14, Sections 18283 and 18285 of the California Code of
Regulations ("CCR") specify an Enterprise Fund and related financial assurance
mechanisms as acceptable mechanisms to demonstrate financial responsibility for financing
the closure and/or postclosure maintenance of a solid waste landfill.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of
Ukiah that:
1. The Finance Director and City Manager of the City of Ukiah ("Finance
Director") are authorized and directed to establish and maintain an
Enterprise Fund for the City of Ukiah Solid Waste Facility, Facility Permit
No. 23-AA-0019, and to deposit in the Enterprise Fund all revenue derived
from the operations of the City of Ukiah Solid Waste Facility.
2. The Finance Director is further directed to withdraw sufficient funds from
the Enterprise Fund to meet requirements of 14 CCR, Sections 18282 and
18285 and deposit them in a separate fund to be known as the City of
Ukiah Solid Waste Facility Closure/Postclosure Maintenance Fund
("Ciosure/Postclosure Maintenance Fund"). The Closure/Postclosure
Maintenance Fund shall be established by the Finance Director of the City
of Ukiah and retained by the Treasurer of the City of Ukiah ("Treasurer")
to be used exclusively to pay for closure and postclosure maintenance of the
City of Ukiah Solid Waste Facility.
3. The Closure/Postclosure Maintenance Fund shall be and remain inviolate
against all other claims, including claims of the City of Ukiah or its City
Council or the creditors thereof, it being the intent of this Resolution that
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III
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o
the mechanism established hereby will provide equivalent protection to a
trust fund in ensuring that the assured amounts of funds will be available
in a timely manner for closure and/or postclosure maintenance of the City
of Ukiah Solid Waste Facility.
Disbursement of funds for closure shall be in accordance with 14 CCR,
Section 18262.3.
Disbursement of funds for postclosure maintenance shall be in accordance
with the final plan, as approved by the California Integrated Waste
Management Board ("Board").
The Closure/Postclosure Maintenance Fund shall be invested by the
Treasurer in the manner provided by law.
In the event the Board determines that the City of Ukiah has failed, or is
failing, to perform closure and/or postclosure maintenance as required by
law, the Board may direct the Finance Director to pay the Director of
Public Works from the Closure/Postclosure Maintenance Fund such
amounts as are necessary to ensure sufficient closure and/or postclosure
maintenance, who then shall be obligated to use such funds for closure or
postclosure maintenance in accordance with the directives of the Board.
The Finance Director is directed to produce an annual report for transmittal
to the Board, containing the following information concerning the City of
Ukiah Solid Waste Facility.
a. As appropriate, a revised closure
Co
cost estimate, prepared as
specified by 14 CCR, Section 18263.
As appropriate, a revised postclosure maintenance cost estimate,
prepared as specified by 14 CCR, Section 18266.
Status, including balance of the City of Ukiah Solid Waste Facility
Closure/Postciosure Maintenance fired.
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PASSED AND ADOPTED this 19th
following roll call vote:
AYES: Council_members Mastin, Malone,
Mayor Schneiter
NOES: None
ABSENT: None
ABSTAIN: None
day of January, 1994, by the
Wattenburger, Shoemaker, and
By Minute Order, March 16, 1994 Regular Meeting, Apprqved
Clerical Corrections to Resollltion No.
OF CALIFORNIA )
) SS.
CITY OF UKIAH )
~6r g'"egoin' City Clerk of the City Council of the City of Ukiah, do
~r~'fy
hereby
t[at
the
is a full, true, and correct copy of a resolution adopted
by the Cit~, Council at a regular meeting held on January, 1994, and duly entered in the
minutes/gf said City.~ . /~
Cat~y
CI~ City of Uklah, California
!ertified To Be A Tr~[ and E×a'ct Copy,