RE
SOLUTION NO. __________
A RE
SOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK PROVIDING FOR FINANCIAL ASSURANCE
FOR CLOSURE AND CORRECTIVE ACTION FOR
BURBANK LANDFILL SITE NO. 3
THE
COUNCIL OF THE CITY OF BURBANK FINDS:
A. Title 27, California Code of Regulations (Regulations), Division 2, Subdivision 1, Chapter 6 requires operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure and corrective action activities; and B. Sections 22225 and 22241 of the Regulations specify an Enterprise Fund as an acceptable mechanism to demonstrate financial responsibility for financing the closure and/or corrective action of a solid waste landfill.
C. To address changes in law and to comply with the current law and regulations, the Burbank City Council hereby supersedes and replaces Resolution Number 24,794 and amends and restates the Burbank Landfill Site No. 3 Closure Trust Fund within the Enterprise Fund to allow for funding of potential corrective action activities.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The Public Works Director is authorized and directed to establish and maintain a separate fund to be known as the Burbank Landfill Site No. 3 Closure and Corrective Action Trust Fund within the Refuse Enterprise Fund (“Burbank Landfill Closure Trust Fund”), to be used only to pay for closure and/or corrective action of Burbank Landfill Site No. 3 (the “Landfill”).
2. The Public Works Director is further directed to deposit into the Burbank Landfill Closure and Corrective Action Trust Fund amounts sufficient to meet the requirements of Sections 22225 and 22241 of the Regulations on a timely basis.
3. The amounts referred to in Section 2 above shall be deposited with and retained by the City’s Treasurer and shall be used to pay only for closure and/or corrective action of the Landfill.
4. To the extent permitted by law, the Burbank Landfill Closure and Corrective Action Trust Fund shall be and remain inviolate against all other claims, including claims of the City, or the creditors thereof, it being the intent of this Resolution that the mechanism established hereby will provide protection equivalent to that of a trust fund by ensuring:
(a) that the assured amounts of funds will be available in a timely manner for closure and/or corrective action of the Landfill; and
(b) that payments from the Burbank Landfill Closure and Corrective Action Trust Fund shall be made by the Treasurer, as directed by the California Department of Resources Recycling and Recovery (“CalRecycle”), or its Attachment 1
successor, in writing, for the payment of the costs of closure and/or corrective action of the Landfill covered by this resolution.
5. Disbursement of funds for closure and/or corrective action shall be in accordance with Section 22234 of the Regulations and as prescribed in Section 4(b) above.
6. The Burbank Landfill Closure and Corrective Action Trust Fund shall be invested by the Treasurer in the manner provided by law, and in accordance with the Treasurer' s Statement of Investment Policy.
7. The City, with the written concurrence of CalRecycle, which concurrence shall not be unreasonably withheld or delayed, may withdraw excess amounts, if any, from the Burbank Landfill Closure and Corrective Action Trust Fund, provided that the requirements of the Regulations, including Sections 22234 and 22241 thereof, shall remain satisfied after such withdrawal.
8. In the event CalRecycle determines that the City has failed, or is failing, to perform closure and/or corrective action as required by law, CalRecycle may direct the City’s Financial Services Director to pay from the Burbank Landfill Closure and Corrective Action Trust Fund sufficient amounts to ensure closure and/or corrective action, in accordance with the directives of CalRecycle.
9. The Public Works Director is directed to produce an annual report for transmittal to CalRecycle, containing the following information concerning the Landfill:
(a) As appropriate, a revised closure cost estimate, prepared as specified by Section 21840 of the Regulations.
(b) As appropriate, a revised corrective action cost estimate, prepared as specified by Section 22100, et seq. of the Regulations.
(c) Status, including current balance of the Burbank Landfill Closure and Corrective Acton Trust Fund.
PASSED and ADOPTED this ______day of March, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form
Attest: Office of the City Attorney
______________________________ By:
Zizette Mullins, MMC, City Clerk Lisa Kurihara
Senior Assistant City Attorney
Attachment 1 - Page 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Ziz
ette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the _____ day of March, 2022, by the following vote:
AYES:
NO
ES:
ABSENT
:
______
__________________________
Zizette Mullins, MMC, City Clerk
Attachment 1 - Page 3