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PLEDGE OF REVENUE AGREEMENT
FOR POSTCLOSURE MAINTENANCE
FOR THE SANTA MARIA REGIONAL LANDFILL,
FACILITY NO. 42-AA-0016
This Agreement establishes a Pledge of Revenue to assure that adequate funds are available to carry out the Postclosure Maintenance for the Santa Maria Regional Landfill , owned and operated by the City of Santa Maria, a California Municipal Corporation and charter city, in Santa Maria, California.
This Agreement shall become effective immediately and is made and entered into by and between the City of Santa Maria and the California Department of Resources Recycling and Recovery (“CalRecycle”).
WHEREAS, Public Resources Code, §43500 through §43610.1 and Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6 (“Regulations”), require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and
WHEREAS, §22228 and §22245 of the Regulations specify 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 Santa Maria operates the Santa Maria Regional Landfill, a Class III disposal facility permitted to accept non -hazardous municipal solid waste, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 42-AA-0016 issued by Santa Barbara County serving as the Local Enforcement Agency for CalRecycle (the “LEA”); and
WHEREAS, the City of Santa Maria is pledging revenues from tipping fees of the Santa Maria Regional Landfill (Solid Waste Facilities Permit No. 42-AA-0016), as further outlined herein; and
WHEREAS, the City of Santa Maria has determined that projected net revenues from tipping fees during the State mandated period of postclosure maintenance, as determined pursuant to §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 Estimates for the Santa Maria Regional Landfill , which has been submitted to CalRecycle in accordance with §21840 of the Regulations.
NOW THEREFORE, the City of Santa Maria and CalRecycle do hereby agree as follows:
1. The City of Santa Maria hereby establishes a pledge of revenue to demonstrate financial responsibility for postclosure maintenance costs of the Santa Maria Regional Landfill in accordance with §22228 and §22245 of the Regulations.
2. The City of Santa Maria agrees to pledge net revenues from landfill tipping fees deposited in the Solid Waste Enterprise Disposal Fund 010 for this purpose.
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3. The amount of the pledged revenue in the operating account shall be equal to $665,000 per fiscal year for the State-mandated period of postclosure maintenance, representing the most recent monitoring and postclosure maintenance cost estimate for Santa Maria Regional Landfill . It is agreed by the parties that the amount of this pledge may increase or decrease to match any adjustment to the identified cost estimate mutually agreed to by the City of Santa Maria and CalRecycle.
4. Disbursement of funds for postclosure maintenance shall be in accordance with the final postclosure maintenance plan, as approved by CalRecycle.
5. The City M anager or designee is directed to produce an Annual Certification Report (form CalRecycle 114) as required by §22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimates identified in the updated Annual Inflation Report required by §22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.
6. If the City of Santa Maria 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 Santa Maria shall notify CalRecycle and the local enforcement agency and shall obtain alternate coverage within sixty (60) days after the control of funds lapses, pursuant to §22245 of the Regulations.
7. In the event that CalRecycle, Regional Water Quality Control Board (“ RWQCB”), or LEA staff determine that the City of Santa Maria 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 Santa Maria 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, City of Santa Maria , and any interested parties, prior to making a determination in the matter. In the event CalRecycle then determines that the City of Santa Maria has failed, or is failing, to perform postclosure maintenance as required by law, CalRecycle may direct the City of Santa Maria to pay the Director of Utilities from the pledged revenues sufficient funds to ensure postclosure maintenance, who then shall be obligated to use such finds for postclosure maintenance in accordance with the directives of CalRecycle and RWQCB.
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IN WITNESS HEREOF, the parties have executed this Agreement on the date as set forth below.
By the City of Santa Maria this _____ day of __________ 2024.
By the CalRecycle this _____ day of __________ 2024.
STATE OF CALIFORNIA CITY OF SANTA MARIA
CALIFORNIA DEPARTMENT OF
RESOURCES AND RECOVERY
(CALRECYCLE)
a political subdivision
of the State of California
By: By:
Authorized Officer of the CalRecycle SHAD S. SPRINGER, P.E., MPA Director of Utilities
ATTEST
By:
ALEXANDRA VALADEZ
Assistant City Clerk
APPROVED AS TO FORM
AND PROCEDURE
APPROVED AS TO FORM
Authorized Counsel
of the CalRecycle
Risk Manager
City Attorney
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