RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING A PLEDGE OF REVENUE AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING
AND RECOVERY FOR POSTCLOSURE MAINTENANCE OF THE
SANTA MARIA REGIONAL LANDFILL, FACILITY NO. 42-AA-0016
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 Fac ilities Permit No. 42 -AA-0016 issued by Santa Barbara County serving as the Local Enforcement Agency ( “LEA”) for the California Department of Resources Recycling and Recovery (“CalRecycle”); and
WHEREAS, Public Resources Code §43500 through §43610.1 and Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6 (the “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, the City of Santa Maria currently utilizes a restricted enterprise fund in accordance with §22241 of the Regulations demonstrating financial assurances for closure, post-closure, and corrective action; and
WHEREAS, the City of Santa Maria shall continue to fully fund closure and corrective action costs in the restricted Solid Waste Enterprise Fund (083-201-01 Closure and 083 -201-02 Corrective Action, respectively), as required by §22241 of the Regulations; and
WHEREAS, §22228 and §22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for financing postclosure maintenance costs of a solid waste landfill; and
WHEREAS, the City of Santa Maria shall establis h a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance of the Santa Maria Regional Landfill in accordance with §22228 and §22245 of the Regulations; and
WHEREAS, the City of Santa Maria and CalRecycle have agreed to enter into an agreement to memorialize financial obligations for postclosure maintenance for the Santa Maria Regional Landfill , as required by the Regulations , as further outlined in the most recent Pledge of Revenue Agreement for Postclosure Maintenance for the Santa Maria Regional Landfill with CalRecycle.
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2 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. Authorize and direct the City Manager or designee to enter into a Pledge of Revenue Agreement for Postclosure Maintenance for the Santa Maria Regional Landfill with CalRecycle, incorporated herein by reference; and
2. Authorize and direct the City Manager or designee to enter into amendments or modifications consistent with the original terms of the Agreement; and
3. Authorize and direct the City Manager or designee to transfer $16,650,000 from the Solid Waste Enterprise Fund account 083-201-03 (Postclosure) to account 010-201-00 (Operating) for the Santa Maria Regional Landfill; and
4. Authorize and direct the City Manager or designee to allocate sufficient funding in the annual budget of the Solid Waste Enterprise Fund 010 to facilitate postclosure requirements consistent with the Regulations; and
5. Authorize and direct the Assistant City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney conce rning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5th day of March 2024.
ATTEST:
Assistant City Clerk
Mayor
APPROVED AS TO FORM:
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City Attorney
APPROVED AS TO CONTENT:
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Department Director
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Interim City Manager