1 PLEDGE OF REVENUE AGREEMENT FOR
POSTCLOSURE MAINTENANCE
OF THE SCHOLL CANYON LANDFILL
GLENDALE, CALIFORNIA
This Pledge of Revenue Agreement (“Agreement”) is entered into by and between California Department of Resources Recycling and Recovery (“CalRecycle”) and City of Glendale, a California municipal corporation (“City of Glendale”), and shall become effective immediately upon execution.
This Agreement establishes a pledge of revenue to assure that adequate funds are available to carry out Postclosure Maintenance of the Scholl Canyon Landfill, Glendale, California (“Scholl Canyon Landfill”).
WHEREAS, Public Resources Code, sections 43500 through 43610.1 and 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, postclosure maintenance, and corrective action activities; and WHEREAS, sections 22228 and 22245 of the Regulations authorize a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for postclosure maintenance costs of a solid waste landfill; and
WHEREAS, the City of Glendale previously established an Enterprise Fund (Capital Project Fund), with an allocation specifically designated for the Scholl Canyon Landfill postclosure maintenance and reasonably foreseeable corrective action costs; and WHEREAS, in lieu of using the Enterprise Fund (Capital Project Fund), the City of Glendale now desires to establish a Pledge of Revenue to demonstrate its financial responsibility for postclosure maintenance activities of the Scholl Canyon Landfill in accordance with sections 22228 and 22245 of the Regulations; the Enterprise Fund (Capital Project Fund) will continue to be used to demonstrate financial responsibility for reasonably foreseeable corrective action costs in accordance with sections 22228 and 22241 of the Regulations; and WHEREAS, the City of Glendale owns the Scholl Canyon Landfill, a solid waste landfill, and the Los Angeles Sanitation District No. 2 operates the Scholl Canyon Landfill in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 19-AA-0012 issued by the Los Angeles County Department of Public Health serving as the Local Enforcement Agency (LEA) for CalRecycle, and the City of Glendale is the provider of financial assurance for Postclosure Maintenance and Corrective Action costs.
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WHEREAS, by this Agreement, the City of Glendale is pledging funds from the Capital Project Fund and net revenue from the City’s General Fund; and WHEREAS, the City of Glendale has determined that funds from the Capital Project Fund and projected net revenue from the City’s General Fund during the state mandated period of postclosure maintenance, as determined pursuant to section 21900 of the Regulations, 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 Scholl Canyon Landfill, which has been submitted to CalRecycle in accordance with section 21840 of the Regulations. 2 NOW THEREFORE, the City of Glendale and CalRecycle do agree as follows:
1. The City of Glendale hereby establishes a pledge of revenue to demonstrate financial responsibility for postclosure maintenance costs of the Scholl Canyon Landfill in accordance with sections 22228 and 22245 of the Regulations.
2. The City of Glendale hereby pledges funds from the Capital Project Fund and net revenue from the City’s General Fund (collectively, the Pledged Revenue) as described herein.
3. The amount of the Pledged Revenue shall be equal to $2,896,302.00 (in 2025 dollars) per year for the state mandated period of postclosure maintenance (a minimum of 30 years pursuant to section 21900 of the Regulations), representing the most recent monitoring and postclosure maintenance cost estimate for the Scholl Canyon Landfill. It is agreed that this portion of the amount of this pledge may increase or decrease to match any adjustment to the identified cost estimate for postclosure maintenance as mutually agreed to by the City of Glendale and CalRecycle.
4. The City of Glendale Finance Department is directed to produce an Annual Certification Report (form CalRecycle 114) as required by Section 22233(b)(4)(B) of the Regulations to demonstrate that the Pledged Revenue continues to be available when needed and will cover the cost estimate identified in the updated Annual Inflation Report required by Section 22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.
5. If the City of Glendale 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 of Glendale shall notify CalRecycle and the LEA and shall obtain alternate coverage within sixty (60) days after the control of funds lapses, pursuant to section 22245 of the Regulations.
6. In the event that CalRecycle, RWQCB or LEA staff determine that the City of Glendale has failed, or is failing, to perform postclosure maintenance as required by law, CalRecycle, RWQCB and/or LEA staff shall confer with the City of Glendale and attempt to resolve the alleged violation. If no agreement is reached, the matter shall be presented to CalRecycle which shall give reasonable notice, hold a public hearing, and consider the testimony and documentation submitted by CalRecycle and/or LEA staff, the City of Glendale, and any interested parties, prior to making a determination in the matter. In the event CalRecycle then determines that the City of Glendale has failed, or is failing, to perform postclosure maintenance as required by law, CalRecycle may direct the Director of Finance to pay from the pledged revenue sufficient funds to ensure Postclosure Maintenance is performed in accordance with the directives of CalRecycle and RWQCB.
IN WITNESS HEREOF, the parties have executed this agreement on the date as set forth below.
By City of Glendale on this day of , 2025 By CalRecycle on this day of ___, 2025
STATE OF CALIFORNIA CITY OF GLENDALE
4 California Department of Resources (Los Angeles County) Recycling and Recovery (CalRecycle)
By: By:
Authorized Officer of the CalRecycle Roubik Golanian, P.E.
City Manager
APPROVED AS TO FORM APPROVED AS TO FORM:
AND PROCEDURE:
By: By:
Authorized Counsel for Authorized Counsel for
CalRecycle City of Glendale
ATTEST:
By: _______________________
Name / Title