HomeMy WebLinkAboutReso 1990-223 - Pertaining to financial assurance for the closure and postclosure maintenance it
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I RESOLUTION NO. 90"),,Z3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
PERTAINING TO FINANCIAL ASSURANCE FOR THE CLOSURE AND
POSTCLOSURE MAINTENANCE OF THE BENTON LANDFILL.
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WHEREAS , Government Code Section 66796 . 22 and Sections of
Title 14 of the California Code of Regulations (Regulations) ,
Chapter 5 , Article 3 . 5 , require operators of solid waste land-
; fills to demonstrate the availability of financial resources to
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conduct closure and postclosure maintenance activities; and
WHEREAS , Sections 18283 and 18285 of the Regulations specify
an Enterprise Fund and related financial-assurance mechanism as
an acceptable mechanism to demonstrate financial responsibility
for financing closure and/or postclosure maintenance of a solid
waste landfill;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redding that:
1 . Robert W. Galusha, Director of Public Works of the City
of Redding, hereinafter referred to as Chief Engineer, is
authorized and directed to establish and maintain an Enterprise
Fund (Enterprise Fund) for the Benton Landfill (Landfill) , and to
deposit in the Enterprise Fund all revenue derived from the
operations of the Landfill.
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411 111
RESOLUTION NO. 90;w3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
PERTAINING TO FINANCIAL ASSURANCE FOR THE CLOSURE AND
POSTCLOSURE MAINTENANCE OF THE BENTON LANDFILL.
WHEREAS, Government Code Section 66796 . 22 and Sections of
Title 14 of the California Code of Regulations (Regulations) ,
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Chapter 5 , Article 3 . 5 , require operators of solid waste land-
fills to demonstrate the availability of financial resources to
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conduct closure and postclosure maintenance activities; and
WHEREAS , Sections 18283 and 18285 of the Regulations specify
an Enterprise Fund and related financial-assurance mechanism as
an acceptable mechanism to demonstrate financial responsibility
' p for financing closure and/or postclosure maintenance of a solid
waste landfill;
NOW, THEREFORE , BE IT RESOLVED by the City Council of the
City of Redding that:
1 . Robert W. Galusha, Director of Public Works of the City
of Redding, hereinafter referred to as Chief Engineer, is
authorized and directed to establish and maintain an Enterprise
Fund (Enterprise Fund) for the Benton Landfill (Landfill) , and to
deposit in the Enterprise Fund all revenue derived from the
operations of the Landfill.
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2 . The Chief Engineer is further directed to withdraw
funds from the Enterprise Fund, for deposit into the financial-
assurance mechanism hereafter provided, sufficient to meet the
requirements of Sections 18282 and 18285 of the Regulations on a
timely basis.
3 . The funds referred to in paragraph 2 above shall be
deposited and retained by the City Treasurer of the City of
Redding in a separate fund to be known as the Benton Landfill
Closure/Postclosure Maintenance Fund (Closure/Postclosure Fund)
established by the City of Redding, and shall be used to pay only
for closure and postclosure maintenance of the Landfill.
4 . To the extent permitted by law, the Closure/Postclosure
Fund shall be and remain inviolate against all other claims,
including claims of the City of Redding or its City Council, or
the creditors thereof, it being the intent of this Resolution
that 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 Landfill.
is 5 . The Closure/Postclosure Fund shall be invested by the
City Treasurer in the manner provided by law.
6 . In the event the California Integrated Waste Management
Board (CIWMB) determines that the City of Redding has failed to
perform closure and/or postclosure maintenance as required by
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jl law, the Redding City Council may direct the City Treasurer to
pay to the Chief Engineer from the Closure/Postclosure Fund such
amounts as are necessary to insure sufficient closure and/or
postclosure maintenance, who then shall be obligated to use such
funds for closure or postclosure maintenance in accordance with
jj the directive of the CIWMB.
I' 7 . The Chief Engineer is directed to produce an annual
report for transmittal to the CIWMB, containing the following
information concerning the Benton Landfill:
(a) As appropriate, a revised closure cost estimate,
prepared as specified by Section 18263 of the
Regulations .
I (b) As appropriate, a revised postclosure maintenance cost
estimate, prepared as specified by Section 18266 of the
Regulations.
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(c) Status, including current balance of the Benton
Landfill Closure/Postclosure Maintenance Fund.
(d) The number of current members of the City Council of
the City of Redding who voted affirmatively when this
Resolution was adopted or last reaffirmed.
Ip 8 . The City Council of the City of Redding shall
II reconsider this Resolution whenever the number of then current
members of the City Council who voted affirmatively when this
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• 411 111Resolution was adopted or last reaffirmed is less than a majority
of the total members .
jl I HEREBY CERTIFY that the foregoing Resolution was
'dui introduced and read at a regular meeting of the City Council of
the City of Redding on the 15th day of MaY , 1990 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
NNCY BU `FUM, M ' r
City 4/Redding
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ATTEST:
9&
ETHEL A. NICHOLS, City Clerk
FORM PPROVED:
RAWDALL A. HAYS, City Attorney
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