CORRESPONDENCE_2009 - 2010 - Laserfiche WebLink

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NOW THEREFORE, County and the CIWMB do agree as follows: 1. The County hereby establishes a pledge of revenue to demonstrate financial responsibility for corrective action costs of the four County-owned landfills in accordance with §22228 and §22245 of the Regulations. 2. The County agrees to pledge net revenues from the sources of funds described herein. 3. The amount of the pledged revenue for each landfill shall be as follows: North County Recycling Center and Sanitary Landfill: $51,000 per year Foothill Sanitary Landfill: $56,000 per year Harney Lane Sanitary Landfill: $49,100 per year Corral Hollow Sanitary Landfill: $28,200 per year This revenue is pledged for the estimated length of the reasonably foreseeable corrective action period, representing the most recent cost estimate for reasonably foreseeable corrective action for the four County-owned landfills. It is agreed that the amount of the pledge for each landfill may increase or decrease to match any adjustment to the identified cost estimate, as approved by the CIWMB, Local Enforcement Agency (LEA) and Regional Water Quality Control Board (RWQCB) as applicable. 4. If County ceases at any time to retain control of its ability to allocate the pledged revenue as identified herein to pay the costs of corrective action, County shall notify the CIWMB 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 Title 27, California Code of Regulations. 5. In the event that CIWMB staff determines that County has failed, or is failing, to perform corrective actions as required by law, the CIWMB, RWQCB and/or LEA staff shall confer with the County and attempt to resolve the alleged violation. If.no Agreement is reached, the matter shall be presented to the CIWMB which shall give reasonable notice, hold a public hearing, and consider the testimony and documentation submitted by the CIWMB and/or LEA staff, County, and any interested parties, prior to making a determination in the matter. If the CIWMB then determines that County has failed, or is failing, to perform corrective action as required by law, then the CIWMB may direct the Auditor-Controller of the County of San Joaquin to pay the Director of Public Works from the pledged revenues sufficient funds to ensure corrective action, who then shall be obligated to use such funds for corrective action in accordance with the directives of the CIWMB and RWQCB. 2