HomeMy WebLinkAboutResolution 94-280 10/17/1994
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Res®Illtl®~ No. 94-280 N.C.S.
of the City of Petaluma, California
1 RESOLUTION
2 FINANCIAL ASSURANCE FOR POSTCLOSURE
3 MONITORING AND MAINTENANCE OF THE
4 CITY OF PETALUMA CASA GRANDE LANDFILL
5
6
7 WHEREAS, Public Resources Code sections 43500 through 43610 and sections of Title
8 14 of the California Code of Regulations ("Regulations"), Division 7, Chapter 5, Article 3.5,
9 require operators of solid waste landfills to demonstrate the availability of financial resources to
10 conduct closure and postclosure maintenance activities; and
11
12 .WHEREAS, sections 18283 and 18290 of the Regulations specify a Pledge of Revenue
13 as an acceptable mechanism to demonstrate financial responsibility for financing postclosure
14 maintenance costs of a solid. waste landfill.
15
16 NOW THEREFORE BE IT RESOLVED that the City Council hereby pledges the
17 necessary revenues for postclosure monitoring and maintenance as required by State law and the
18 City Manager is authorized to execute an agreement between the City and the Board under the
19 terms below:
20
21 1. The City of Petaluma operates the Casa Grande Landfill, a solid waste landfill, in
22 conformance with the findings, conditions, prohibitions and requirements contained in
23 Solid Waste Facilities Permit No. 49-AA-0009 issued by Sonoma County Public Health
24 Department serving as the Local Enforcement Agency for the California Integrated
25 Waste Management Board ("Board"); and
26
27 2. The City of Petaluma shall establish a Pledge of Revenue to demonstrate financial
28 responsibility for postclosure maintenance of the Casa Grande Landfill in accordance
29 with sections 18283 and 18290 of the Regulations.
30
31 3. The City Council directs and authorizes the City Manager to perform the postclosure
32 maintenance in accordance with the final plan, as approved by the Board.
33
34 4. The City Council shall annually appropriate sufficient funds from the pledged
35 revenues to ensure sufficient postclosure.maintenance according to the final postclosure
36 maintenance plan, as approved by the Board.
~i~s. No_...........,94.-2.8.Ov.cs.
1
2 5. An annual report shall be produced for transmittal to the. Board, containing, as
3 appropriate, a revised postclosure maintenance cost estimate, prepared as specified by
4 section 18266 of the Regulations concerning the Casa Grande Landfill.
5
6 6. In the event that the Board determines that the City of Petaluma has failed or is failing
7 to perform postclosure maintenance according to the final plan, the Board shall direct the
8 City Council to appropriate sufficient additional funds and direct the City Manager to
9 perform the necessary postclosure maintenance according to the final plan and the Board
10 directives to the extent required by law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (3itf3{~X¢~}p~~~ meeting'" ~~"~..,rformr-
da 19.~~_., by the
on the ..Z..2.t17......_.-.. y of ...........O~xQ.be>r
.following vote: ~ 4
i ' 'ttorne
AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Read I
ATTEST: -..~1.~
:~hL.~.~C~.... ....................C.C..~ ~ - - -~!.J'`!.--..
ity Clerk Mayor
Gbuncil File
c~~ ,o-s5 His. Na.........9.4-2:8.0... v.cs.
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1 PLEDGE OF REVENUE AGREEMENT
2 ESTABLISHING FINANCIAL ASSURANCE FOR
3 POSTCLOSURE MAINTENANCE OF THE CITY OF PETALUMA
4 CASA GRANDE LANDFILL
5
6
7 This agreement establishes a Pledge of Revenue to assure that adequate funds are
8 available to carry out the postclosure maintenance of the Casa Grande Landfill according to the
9 final postclosure maintenance plan approved by the Board.
10
11 This agreement shall be come effective immediately, and is made and entered into by and
12 between the City of Petaluma and the California Integrated Waste Management Board
13 ("Board").
14
15 WHEREAS, Public Resources Code, sections 43500 through 43610 and sections of Title
16 14 of the California Code of Regulations ("Regulations"), Division 7, Chapter 5, Article 3.5,
17 require operators of solid waste landfills to demonstrate the availability of financial resources to
18 conduct closure and postclosure maintenance activities; and.
19
20 WHEREAS, sections 18283 and 18290 of the Regulations specify a Pledge of Revenue
21 as an acceptable mechanism to demonstrate financial responsibility for postclosure maintenance
22 costs of a solid waste landfill; and
23
24 WHEREAS, the City of Petaluma operates the Casa Grande Landfill, a solid waste
25 landfill, in conformance with the findings, conditions, prohibitions and requirements contained
26 in Solid Waste Facilities Permit No. 49-AA-0009 issued by Sonoma County Public Health
27 Department serving as Local Enforcement Agency for the Board; and
28
29 WHEREAS, the City of Petaluma is pledging certain revenues from the General, Water
30 and Sewer Funds to be transferred into the Casa Grande Closure/Postclosure Maintenance Fund
31 for postclosure maintenance, and
32
33 WHEREAS, the City of Petaluma has determined that projected net revenues from the
34 pledged revenues during the thirty (30) year period of postclosure maintenance, shall, during
35 each year of this period, be greater than the yearly monitoring and postclosure maintenance costs
36 contained in the most recent cost estimate for the Casa Grande Landfill, which has been
37 submitted to the Board in accordance with section 18266 of the Regulations.
38
39 N®W THEREF®RE, the City of Petaluma and the Board do agree as follows:
40
41 1. The City of Petaluma hereby establishes a pledge of revenue to demonstrate financial
42 responsibility for postclosure maintenance of the Casa Grande Landfill in accordance
43 with sections 18283 and 18290 of the Regulations.
44
45 2. The City of Petaluma agrees to pledge net revenues from the General, Water and
46 Sewer fund.
47
48 3. The amount of the pledged revenue shall be equal to $30,188 per year for the thirty
49 (30) year period of postclosure maintenance, representing the monitoring and postclosure
1 maintenance cost estimate in the final plan for the Casa Grande Landfill. It is agreed that
2 the amount of this pledge may increase or decrease to match any adjustment to the
3 identified cost estimate which is mutually agreed to by the City of Petaluma and the
4 Board.
5
6 4. If the City of Petaluma ceases at any time to retain control of its ability to allocate the
7 pledged revenue as identified herein to pay postclosure maintenance costs, the City of
8 Petaluma shall notify the Board and the local enforcement agency and shall obtain
9 alternate coverage within sixty (60) days after the control of funds lapses, pursuant to
10 .section 18290 of the Regulations.
11
12 5. In the event that the Board determines that the City of Petaluma has failed or is failing
13 to perform postclosure maintenance according to the final plan, the Board shall direct the
14 City Council to appropriate sufficient funds and direct the City Manager to perform the
15 necessary postclosure maintenance according to the final plan and the Board directives to
16 the extent required by law.
17
18
19 State of California
20 City of Petaluma California Integrated
21 A Municipal Corporation Waste Management Board
22
23
24
25 John L. Scharer, City Manager ,Executive Director
26
27
28
29 David W. Spilman, Finance Director Approved as to form and procedure:
30
31
32
33 Gene Beatty, Director of Public Works ,Chief Counsel
34
35
36 ATTEST:
37
38
39
40 Pat Bernard, City Clerk
41
42
43 Approved as to form:
44
45
46
47 Richard R. Rudnansky, City Attorney
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