HomeMy WebLinkAboutReso - CC - 076-1994RESOLUTION NO. 76-94 1-
ESTABLISHING FINANCIAL ASSURANCE FOR CLOSURE AND
POSTCLOSURE MAINTENANCE OF THE BURLINGAME LANDFILL
RESOLVED, by the City Council of the City of Burlingame,
California, that:
WHEREAS, Public Resources Code sections 43500 through 43610
and sections of Title 14 of the California Code of Regulations
("Regulations"), Division 7, Chapter 5, 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, Section 18283 of the Regulations specifies financial
assurance mechanisms acceptable to demonstrate financial
responsibility for financing closure and postclosure maintenance of
a solid waste landfill; and
WHEREAS, the City of Burlingame has established and maintains
the Solid Waste Fund and deposits in the Solid Waste Fund all fees
derived from a certain surcharge on the City's franchise solid
waste collection activities; and
WHEREAS, Sections 18283, 18285 and 18290 of the Regulations
specify the enterprise fund and pledge of revenue as an acceptable
mechanism to demonstrate financial responsibility for financing
yclosure and postclosure maintenance of a solid waste landfill.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Burlingame that:
1. The Director of Finance ("Director") is authorized and
directed to maintain the Solid Waste Fund and to deposit
in the Solid Waste Fund fees derived from a certain
surcharge on the City's franchise solid waste collection
activities.
2. The Director is further directed to withdraw funds from
the Solid Waste Fund, for the deposit into the financial
assurance mechanism hereafter provided, sufficient to
meet the requirements of Sections 18282 of the
Regulations on a timely basis, in accordance with the
approved Closure and Postclosure Maintenance plans.
3. The funds required for the financial assurance mechanism
referred to in Section 2 above shall be accounted for by
the Director in a separate account to be known as the
Burlingame Landfill Closure Reserve ("Reserve")
established by the Director which shall be used to pay
only for closure of the Burlingame Landfill ("Landfill")
4. To the extent permitted by law, the Reserve shall be and
remain inviolate against all other claims including
claims of the City 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
F
amounts of funds will be available in a timely manner for
closure of the Landfill.
5. The Reserve shall be invested by the Director in the
manner provided by law.
6. In the event the California Integrated waste Management
Board ("Board") determines that this City has failed or
is failing to perform closure as required by law, the
Board may direct the Director of Finance to pay the
Director of Public Works from the Reserve such amounts as
are necessary to ensure closure, who then shall be
obligated to use such funds for closure in accordance
with the directives of the Board.
7. The City operates the Landfill in conformance with the
findings, conditions, prohibitions and requirements
contained in Solid Waste Facilities Permit No. 41.AA-0009
issued by the County of San Mateo Department of Health
Services, serving as Local Enforcement Agency for the
Board.
8. The City shall establish a Pledge of Revenue to
demonstrate financial responsibility- for postclosure
maintenance of the Landfill in accordance with Sections
18283 and 18290 of the Regulations.
9. Disbursement of funds for closure shall be in accordance
with Section 18262.3 of the Regulations.
10. Disbursement of funds for postclosure maintenance shall
be in accordance with the plans approved by the Board.
3
11. In the event the Board determines that this City has
failed or is failing to perform postclosure maintenance
as required by law, the Board may direct the Director of
Finance to pay the Director of Public Works ft -6m the
Pledged revenues such amounts as are, necessary to ensure
sufficient postclosure maintenance, who then shall be
obligated to use such funds for postclosure maintenance
in accordance with the directives of the Board.
12. The Director is directed to produce an annual report for
transmittal to the Board, containing the following
information concerning the Burlingame Landfill:
(a) As appropriate, a revised closure cost estimate,
prepared as specified by section 18263 of the
Regulations.
(b) As appropriate, a revised postclosure maintenance
~ cost estimate, prepared as specified by section
18266 of the Regulations.
(C) Status, including current balance of the Burlingame
Closure Reserve,
0
N01014
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing -Resolution was
introduced at a regular meeting of the City Council held on the
6th day of SEPTEMBER 1994, and was adopted. thereafter
by the following vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Clerk
5
PLEDGE OF REVENUE AGREEMENT
ESTABLISHING A PLEDGE OF REVENUE FOR POSTCLOSURE MAINTENANCE
OF THE BURLINGAME LANDFILL
This Agreement shall become effective upon execution by both
parties and is made and entered into by and between the City of
Burlingame ("City") and the California Integrated Waste Management
Board ("Board").
WHEREAS, Public Resources Code sections 43500 through A3610
and sections of Title 14 of the California Code of Regulations
("Regulations"), Division 7, Chapter 5, 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 18290 of the Regulations specify
financial• assurance mechanisms acceptable to demonstrate financial
responsibility for financing closure and postclosure maintenance of
a solid waste landfill; and
WHEREAS, the City operates the Burlingame Landfill
("Landfill"), a solid waste landfill, in conformance with the
findings, conditions, prohibitions, and requirements contained in
Solid Waste Facilities Permit No. 41-AA-0009 issued by the County
of San Mateo Department of Health Services, serving as Local
Enforcement Agency for the Board; and
WHEREAS, the City, in its discretion, collects fees derived
from a certain surcharge on the City's franchise solid waste
collection activities; and
WHEREAS, The City has determined that projected net revenues
from the surcharge during the thirty (30) year period of
postclosure maintenance, shall during each year of this period be
greater than the yearly monitoring and postclosure maintenance
costs, contained in the most recent cost estimate for the Landfill,
which has been submitted to the Board in accordance with section
18266 of the Regulations;
NOW, THEREFORE, the City and Board do agree as follows:
1. The City shall establish a pledge of revenue to
demonstrate financial responsibility for postclosure
maintenance of the Landfill in accordance with sections
18283 and 18290 of the Regulations.
2. The City agrees to pledge revenues from the surcharge as
described herein.
3. The amount of the pledged revenue shall be equal to
$87,000 per year for the 30 year period of postclosure
maintenance, representing the current monitoring and
postclosure maintenance cost estimate for the Landfill.
It is agreed that the amount of this pledge may increase
or decrease to match any adjustment to the identified
cost estimate which is mutually agreed to by the City and
the Board.
4. If the City ceases at any time to retain control of its
ability to allocate the pledged revenue as identified
herein to pay postclosure maintenance costs, the City
shall notify the Board and Local Enforcement Agency and
shall obtain alternate coverage within sixty (60) days
after the control of funds lapses, pursuant to section
18290 of the regulations.
5. In the event the Board determines that the City has
failed or is failing to perform postclosure maintenance
as required by law, the Board may direct the Director of
Finance to pay the Director of Public Works from the
pledged revenues, such amounts as are necessary to ensure
sufficient postclosure maintenance, and such funds shall
be disbursed for postclosure maintenance in accordance
with the directives of the Board.
IN WITNESS WHEREOF, the parties have executed this agreement
on the date and year as set forth below.
By City this 6th day of SEPTEMBER 19 94
By Board this
CITY OF BURLINGAME
A m corp a on
By
DENNIS ARGYRES
City Manage
0
CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD
E
Authorized Officer of the Board
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PRODEDURE
By
PROCEDURE
Robert F. Conheim
Senior Counsel
4e Chi#g of Purfi game
CITY HALL - 501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010-3997
CITY OF BURLINGAME
OFFICE OF THE FINANCE DIRECTOR/TREASURER
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
To Whom It May Concern:
Verification of Establishment of Funding
For Burlingame Landfill - Solid Waste Permit No 41 -AA -000
Please be advised that the following
established pursuant to Resolution No.
Burlingame.
separate funding has been
1994, by the City
adopted on
Council of the City of
Burlingame Landfill Closure and Postclosure Maintenance
Fund
It is understood that these funds shall be used by the Director of
Public Works of the City of Burlingame only for the closure and
postclosure maintenance of the identified landfill, and are
intended to meet in these funds to preserve their integrity and
inviolacy. I will perform my duties and responsibilities in
accordance with the terms and conditions of Title 14, of the
California Code of Regulations, Division 7, Chapter 5, Article 3.5.
This letter shall serve as verification that the Finance
Director/Treasurer of the City of Burlingame has established this
funding in accordance with said regulations. The Finance
Director/Treasurer is an officer of the City of Burlingame.
Sincerely,
Rahn Becker
Finance Director/Treasurer
Attachment: Burlingame Landfill Financial Responsibility Plan
n
4j� gifg of 19nrfingam
CITY HALL - 501 PRIMROSE ROAD
BURLINGAME. CALIFORNIA 94010-3997
California Integrated Waste Management Board
8800 Cal Center
Sacramento, CA 95826
To Whom it May Concern:
Certification for the Establishment of a
Financial Mechanism for the Closure
of the Burlingame Landfill
The Public Works Department is submitting the subject certification
for Burlingame Landfill, Solid Waste Facilities Permit #41 -AA -0009.
The Burlingame Public Works Department is the operator of the
Burlingame Landfill and retains responsibility for closure and for
postclosure maintenance. On 19 the Public Works
Department submitted to the Board the latest cost estimates for
closure and postclosure maintenance for this landfill. Submittal
of the enclosed financial mechanism for closure and postclosure
maintenance of the Burlingame Landfill completes all required
documentation for this landfill related to financial assurances for
closure and postclosure maintenance.
On 19. The City Council of the City of Burlingame, the
governing administrative authority for the Public Works Department,
established the Burlingame Landfill Closure Fund, an Enterprise
Fund to be used exclusively for the closure of the subject
landfill. Annual deposits as required by Title 14, California Code
of Regulations, Division 7, Chapter 5, Article 3.5, will be made to
the Fund so that an amount equal to the current closure cost
estimate for the Burlingame Landfill is available at the time of
closure. Official documentation of the establishment of this Fund
is enclosed.
If you have any questions concerning this submittal or related
matters, please contact me.
Very truly yours.
Ralph Kirkup
Director of Public Works