HomeMy WebLinkAbout95-511
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RESOLUTION NO. 95-5~
FINANCIAL ASSURANCE FOR POSTCLOSURE
MAINTENANCE OF THE CITY OF UKIAH
SOLID WASTE DISPOSAL SITE
WHEREAS, Public Resources Code Sections 43500 through 43610.1 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, Sections 18283 and 18290 of the Regulations specify a Pledge of Revenue as
an acceptable mechanism to demonstrate financial responsibility for financing postclosure
maintenance of a solid waste landfill;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah of
Mendocino County that:
1. The City of Ukiah ("City") operates the City of Ukiah Solid Waste Disposal Site
("Landfill"), a solid waste landfill in conformance with the findings, conditions, site
prohibitions and requirements contained in Solid Waste Facilities Permit No. 23-AA-
0019 issued by County of Mendocino LEA serving as Local Enforcement Agency
for the California Integrated Waste Management Board CCIWMB"); and
2. The City shall establish a Pledge of Revenue to demonstrate financial responsibility
for postclosure maintenance of the Landfill in accordance with Sections 18283 and
18290 of the Regulations.
3. Disbursement of funds for postclosure maintenance shall be in accordance with the
final plan, as approved by the CIWMB.
4. In the event the CIWMB determines that this City has failed or is failing to perform
postclosure maintenance as required by law, the CIWMB may direct the City
Manager of the City of Ukiah ("City Manager") to pay from the pledged revenues
such amounts as are necessary to ensure sufficient postclosure maintenance, who
1 then shall be obligated to use such funds for postclosure maintenance in accordance
with the directive of the CIWMB.
5. The Mayor is authorized to sign on behalf of the City, the Pledge of Revenue
Agreement attached hereto as Exhibit "A" and incorporated herein by reference.
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The City Manager is directed to produce an annual report for transmittal to the
containing the following information concerning the City of Ukiah
CIWMB,
Landfill.
(a)
(b)
As appropriate, a revised postclosure maintenance cost estimate, prepared
as specified by Section 18266 of the Regulations.
The number of current members of the City Council of the City of Ukiah
who voted affirmatively when this resolution was adopted or last reaffirmed.
day of June , 1995, by the
PASSED AND ADOPTED this 21st
following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter
None
Councilmember Wattenburger
None
Fred Sc'hne~e~ v
Mayor
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9.1 STATE OF CALIFORNIA )
) SS.
9.9 County of Mendocino )
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I, Cathy McKay, City Clerk of the City of Ukiah, do hereby certify that the foregoing is a
full, true, and correct copy of a resolution adopted by the City Council of the City of Ukiah at a
regular meeting held on July 21, , 1995, and duly entered in the minutes of said
·
f~/ ,~ ..,'/
~' , 2/' :~i'
Cathy M,a~,
City Clerk
EXHIBIT
PLEDGE OF REVENUE AGREEMENT
ESTABLISHING FINANCIAL ASSURANCE FOR POSTCLOSUR~
MAINTENANCE OF THE CITY OF UKIAH
SOLID WASTE DISPOSAL SITE
This agreement establishes a Pledge of Revenue to assure that adequate funds are available to
carry out the Postclosure Maintenance of the City of Ukiah Solid Waste Disposal Site ("Landfill").
This agreement shall become effective immediately, and is made and entered into by and between
the City of Ukiah of Mendocino County ("City") and the California Integrated Waste Management Board
("Cra'MW).
WHEREAS, California Public Resources Code, Sections 43500 through 43610.1 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, Section 18283 and 18290 of the Regulations specify a Pledge of Revenue as an
acceptable mechanism to demonstrate financial responsibility for postclosure maintenance of a solid waste
landfill; and
WHEREAS, the City operates the Landfill, a solid waste landfill, in conformance with the
findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 23-AA-
0019 issued by, County of Mendocino LEA serving as Local Enforcement Agency for the CIWMB; and
WHEREAS, City is pledging revenues from future garbage collection fees which will be
deposited into the Garbage Billing and Collection Fund, Fund No. 670; and
WHEREAS, City has determined that future revenues from Garbage Collection fees during the
thirty (30) year period of postclosure maintenance shall during each year of this period be greater than
the yearly monitoring and postclosure maintenance cost contained in the most recent Cost Estimate for
the Landfill, submitted to the CIWMB, in accordance with Section 18266 of the Regulations.
NOW, THEREFORE, the City Council of the City of Ukiah and the CIWMB do agree as
follows:
The City hereby establishes a pledge of revenue to demonstrate financial responsibility
for postclosure maintenance of the Landfill in accordance with Sections 18283 and 18290
of the Regulations.
o
The City agrees to pledge net revenues from Garbage Collection Fees as described
herein.
The amount of the pledged revenue shall be equal to $75,160 per year for the 30 year
period of postclosure maintenance, representing the most recent monitoring and
postclosure maintenance cost estimate for the Landfill. It is agreed that the amount of
this pledge may increase or decrease to match any adjustment to the identified cost
estimate to which the City and the CIWMB mutually agree.
o
If the City ceases at any time to retain control of its ability to allocate the pledged
revenue as identified herein to pay postclosure maintenance costs, the City shall notify
the CIWMB and the Local Enforcement Agency and shall obtain alternate coverage
within sixty (60) days after the control of funds lapses, pursuant to Section 18290 of the
Regulations.
In the event that the CIWMB determines that the City has failed or is failing to perform
postelosure maintenance as required by law, the CIWMB may direct the City Manager
of the City of Ukiah to pay from the pledged revenues such amounts as are necessary to
ensure sufficient postclosure maintenance, who shall then use such funds for postclosure
maintenance in accordance with the directives of the CIWMB.
IN WITNESS HEREOF, the parties have executed this agreement on the date and year as set
forth below.
By City this ,,~v~f~ day of 6/~4~C4~ , 1995.
By CIWMB this day ~f ,1995.
STATE OF CALIFORNIA
California Integrated Waste Management CIWMB
BY:
Authorized Officer
of CIWMB
CITY OF UKIAH
Mayor
APPROVED AS TO FORM AND PROCEDURE:
BY:
Authorized Counsel
of CIWMB
C}tv Attorne~
David L Rapport
ATTEST: '
Cathy ~IqKay
City Cle~rk