HomeMy WebLinkAbout93-130- - - - -, v
- si
WHEREAS, Public Resources Code Sections 43500 through 43610 and Sections of Title 14 of
the California Code of Regulations ("Regulations"), Division 7, Chapter S, 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 18285 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 of a solid waste landfill;
NOW, THEREFORE, BE IT RESOLVED by the $oard of Supervisors of the County of Butte
that:
1. The County of Butte (Auditor Controller} is authorized and directed to establish and
maintain an Enterprise Fund ("Enterprise Fund") for the Neal Road Landfill ("the lamdfill"), Facility No.
04-AA-0002 and to deposit in the Enterprise Fund all revenue derived from the operations of the
landfill.
2. The Auditor-Controller is further directed to withdraw funds from the Enterprise Fund, for
deposit into the financial assurance rnechanisrn 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 Section 2 above shall be deposited and retained by the Treasurer
of Butte County in a separate fund to be known as the Neal Road Landfill ClosurelPostclosure
Maintenance Fund "Closure/Postclosure Fund") established by the Auditor-Controller and shall be used
to pay only for closure and postclosure maintenance of the Landfill.
4. The Closure/Postclosure Fund shall be and remain inviolate against all other claims, including
clairns of this County or its Board of Supervisors 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 im a timely manner for closure and/or
postclosure maintenance of the landfill.
S. Disbursement of funds for closure shall be in accordance with Sections 18262.3 of the
Regulations.
6. Disbursement of funds for postclosure maintenance shall be in accordance with the #inal
plan, as approved by the California Integrated Waste Management Board (Board}.
7. The Closure/Postclosure Fund shall be invested by the Treasurer in the manner provided by
law.
RESOLUTION ESTABLISHING FINANCIAL ASSURANCE FOR CLOSURE
AND POSTCL05URE MAINTENANCE OF THE HEAL ROAD LANDFILL
8. In the event the California Integrated Waste Management Board (Board) determines that this
County has failed to perform closure and/or postclosure maintenance as required by law, the Board may
direct the Auditor-Controller to pay to the Director of Public Works from the Closure/Poslclosure Fund
such amounts as are necessary to insure sufficient elosurc and/or postclosure maintenance, who then shall
be obligated to use such funds for closure or postclosure amaintenance in accordance with the directives
of the Board.
9. The Director of Public Works is directed to produce an annual report for transmittal to the
Board, containing the following information concerning the Neal Road Landfill:
a. As appropriate, a revised closure cost estimate, prepared a5 specified by Section 1$263 of
the Regulations.
b. As appropriate, a revised postclosure maintenance cost estimate, prepared as specified by
Section 182bb of the regulations.
c. Status, including current balance of the Neal Road Landfill Closure/Postclosure Maintenance
Fund.
d. The number of current members of the Board of Supervisors of this County who voted
affirmatively when this resolution was adopted or last reaffirmed.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, at the regular meeting thereof on the 14th day of September ,1.993 by the following
vote:
AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair ll.oux
NOES: None
ABSENT: None ;'? ,
NOT VOTING: None "` '~ ~ >> C %
~ ~ ~` ~.
Chair, Boa~~ of Supervisors
County of ~3utte, State of California
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Cler of the Boar
By ~
C1erk/I7eputy