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Resolution No. 05-122
FINANCIAL ASSURANCE FOR
POSTCLOSURE MAINTENANCE 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 22245 of the Regulations specify a Pledge of Revenue as an
acceptable mechanism to demonstrate financial responsibility for financing postclosure maintenance and/or
corrective action costs of a solid waste landfill.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte
that:
I) The County of Butte operates the Neal Road Landfill, a solid waste landfill, in conformance
with the findings, conditions, prohibitions and requirements contained in Solid Waste
Facility Permit No. 04-AA-0002 issued by the Butte County Department of Environmental
Ilealth, serving as Local Enforcement Agency (LEA) for the California Integrated Waste
Management Board (CIWMB); and
2) The County of Butte shall establish a Pledge of Revenue to demonstrate financial
responsibility for postclosure maintenance of Neal Road Landfill in accordance with
sections 22228 and 22245 of the Regulations.
3) Disbursement of funds for postclosure maintenance shall be in accordance with the final
plan, as approved by the CIWMI~.
4) In the event the CIWMB determines that the County of Butte has failed, or is failing, to
perform postclosure maintenance, as required by law, the CIWMB may direct the Auditor-
Controller to pay to the Director of Public Works from the pledged revenues sufficient
funds to ensure postclosure maintenance, who then shall be obligated to use such funds for
postclosure maintenance in accordance with the directives of the CIWMB.
5) The Director of Public Works is directed to produce an annual report for transmittal to the
CIWMB, containing, as appropriate, a revised postclosure maintenance cost estimate,
prepared as specified by section 21840 of the Regulations concerning the Neal Road
Landfill
PASSED AND ADOPTED by the Butte County Board of Supervisors this 13`h day of
September 2005 by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None ~ +.
KIM K. YAMAGUCHI, Chair
Butte County Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
By:
Deputy