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BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN <br /> STATE OF CALIFORNIA <br /> R E S O L U T I O N <br /> R-93- a(61_ <br /> RESOLUTION PROVIDING FOR FINANCIAL ASSURANCE FOR POSTCLOSURE <br /> MAINTENANCE OF THE HARNEY LANE SANITARY LANDFILL <br /> UTILIZING SOLID WASTE ENTERPRISE FUND REVENUES <br /> WHEREAS, Public Resources Code sections 43500 through 43610 <br /> and sections of Title 14 of the California Code of Regulations <br /> ("Regulations") , Division 7, Chapter 5, Article 3 . 51 mandate <br /> landfill operators to establish a trust fund or equivalent <br /> acceptable financial mechanism to ensure adequate resources for <br /> closure and postclosure maintenance activities for landfills in <br /> California; and <br /> WHEREAS, on December 6, 1988, by Resolution R-88-1323 , the <br /> County of San Joaquin, hereinafter referred to as "COUNTY" , as <br /> operator of the Harney Lane Sanitary Landfill complied with Public <br /> Resources Code sections 43500 through 43610 and sections of the <br /> Regulations, Division 7, Chapter 5, Article 3 . 5, by establishing <br /> the Solid Waste Closure Enterprise Fund; and <br /> WHEREAS, in June, 1990, the final regulations for closure and <br /> postclosure maintenance requirements (Regulations, Division 7, <br /> Chapter 5, Article 3 . 5) , were adopted by the California Integrated <br /> Waste Management Board, hereinafter referred to as "BOARD"; and <br /> WHEREAS, Public Resources Code sections 43500 through 43610 <br /> and sections of/ the Regulations, Division 7, Chapter 5, Article <br /> 3 . 5, require operators of solid waste landfills to demonstrate the <br /> availability of financial resources to conduct postclosure <br /> maintenance activities; and <br /> WHEREAS, Sections 18283 and 18290 of the Regulations specify <br /> a Pledge of Revenue by public operators of solid waste landfills as <br /> an acceptable mechanism to demonstrate financial responsibility for <br /> financing postclosure maintenance of a solid waste landfill; and <br /> WHEREAS, the operations of the Solid Waste Division of the San <br /> Joaquin County Department of Public Works are conducted through the <br /> County's Solid Waste Enterprise Fund; and <br /> WHEREAS, revenues for the Solid Waste Enterprise Fund are <br /> derived primarily from user fees charged for the use of the <br /> COUNTY's solid waste facilities, which include: the North County <br /> Recycling Center and Sanitary Landfill (39-AA-0022) , the Foothill <br />