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Resolution No. o5-iu
FINANCIAL ASSURANCE FOR CLOSURE
AND CORRECTIVE ACTION OF NEAL ROAD LANDFILL
WHEREAS, Public Resources Code sections 43500 through 43610.1 and sections of Title 27,
California Code of Regulations (Regulations), Division 2, Subdivision 1, Chapter 6, require operators
of solid waste landfills to demonstrate the availability of financial resources to conduct closure and
postclosure maintenance activities; and
WHEREAS sections 22228 and 22241 of the Regulations specify an Enterprise Fund and
related financial assurance mechanisms as acceptable mechanisms to demonstrate financial
responsibility for financing the closure and/or postclosure maintenance and/or corrective action of a
solid waste landfill; and
WHEREAS, the County of Butte adopted Resolution No. 89-035 and 93-130 which
established the Neal Road Landfill Closure Fund No. 7560 for the purpose of accumulating funds for
the closure and postclosure maintenance of Neal Road Landfill.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Butte, State of California that:
1. Resolutions No. 89-OS and 93-130 are hereby rescinded and replaced by this Resolution No.
05-121 ,establishing the Neal Road Landfill Closure and Corrective Action Fund No. 7560.
2. The Public Works Director and Auditor-Controller of the County of Butte are authorized and
directed to establish and maintain an Enterprise Fund for Neal Road Landfill, Facility No. 04-
AA-0002, and to deposit in the Neal Road Landfill Management Fund No. 7570 all revenue
derived from the operations of the Neal Road Landfill.
3. The Auditor-Controller is further directed to withdraw funds from the Neal Road Landfill
Management Fund No. 7570, for deposit into the Neal Road Landfill Closure and Corrective
Action Fund No. 7560, sufficient to meet the requirements of sections 22225 and 22241 of the
Regulations on a timely basis.
4. The Closure and Corrective Action Fund shall be and remain inviolate against all other claims,
including claims of the County of Butte or its Board of Supervisors or the creditors thereof, it
being the intent of this Resolution that the mechanism established will provide equivalent
protection to a trust fund by ensuring:
a. That the assured amounts of funds will be available in a timely manner for closure and
corrective action of Neal Road Landfill; and
b. That payments from the Fund shall be made by the Auditor-Controller, as directed by
the California Integrated Waste Management Board (CIWMB), in writing for the
payment of the costs of closure and corrective action of Neal Road Landfill.
5. Disbursement of funds for closure and corrective action shall be in accordance with section
22234 of the Regulations and as prescribed in section 4(b) above.
6. The Closure and Corrective Action Fund shall be invested by the Auditor-Controller in the
manner provided by law.
7. In the event the CIWMB determines that the County of Butte has failed, or is failing, to
perform closure and corrective action as required by law, the CIWMB may direct the Auditor-
Controller to pay to the Director of Public Works from the Closure and Corrective Action Fund
sufficient funds to ensure closure, who then shall be obligated to use such funds for closure and
corrective action in accordance with the directives of the CIWMB.
8. The Director of Public Works is directed to produce an annual report for transmittal to the
CIWMB, containing the following information concerning the Neal Road Landfill
a. As appropriate, a revised closure cost estimate, prepared as specified by Section 21820
of the Regulations.
b. Status, including current balance of the Neal Road Landfill Closure and Corrective
Action Fund.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 13`x' day of
September 2005 by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
ABSENT: None ~ ~ ~'
NOT VOTING: None ,l~ ~~
~' ;`
KIM K. YAMAGUCHI, Chair
Butte County Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
deputy