HomeMy WebLinkAboutMINUTES - 02051991 - S.2 TO: BOARD OF SUPERVISORS
FROM ; Contra
Supervisor Nancy Fanden
C�os�ta
rty
DATE: ( o
February 5 , 1991 vvv� ��J
SUBJECT;
ACME LANDFILL CLOSURE COSTS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the letter sent from Mayor Gayle B. Uilkema, to the members of
the Board of Supervisors, dated January 17, 1991 , requesting that
the full plan and agreements be reduced to writing and be submitted
to the Lafayette Council for a final review shall be listed on the
Board' s agenda for February 5 , 1991.
BACKGROUND:
The City of Lafayette has some concerns that they feel need to be
addressed by the Board:
1) There should be a written certification by Deloitte-Touche that
Acme' s closure collections and expenditures data are proper.
2) Any interest earned on closure collections 'should be paid to
the Trust.
3) Reimbursement on hazardous waste closure from those who have
dumped hazardous waste in the past should go into the Trust.
4) The Board should require periodic public audits of the closure
fees and expenses.
5) There should be written assurances that the Trust fund will be
publicly audited periodically to assess the collections and
interest earned.
6) Any surplus in the Trust should be returned directly to the
rate payers through reduced closure/post closure fees.
CONTINUED ON ATTACHMENT; YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _February 5, 1991 APPROVED AS RECOMMENDED OTHER X
REQUESTED Community Development Director to respond to the City of Lafayette's concerns
relative. to the Acme Landfill closure costs, with copies to concerned parties in the
area.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT — ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Community Development Director ATTESTED /f q/
County Administrator. -�
PHIL BATCHELO . CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382.'7.-83 BY —,DEPUTY
Donald L.Tatzin. Vice Mayor
Richard F. Holmes
Scott Talan
Avon M.Wilson
LA F_1Y ETT E January.17, 1991
amts su—i cuvaM.�srr
TO: Supervisor Nancy den
j FROM: Mayor Gayle B. Uilkema
I
RE: Acme Landfill Closure Costs
The Lafayette City Council wishes to thank the Board of.Supervisors for
reacting favorably to our prior requests to modify the original closure plan to
meet many of our concerns.
We have reviewed the-Final Report by Deloitte-Touche and have been
advised of discussions which developed at the December 20, 1990 Central San
Board Meeting following Mr. Brayton's presentation. We, however, have not
been given an opportunity to review agreements which we understand have
occurred between your Board and Acme. While there have been many oral
discussions of the County's plans and oral assurances, we believe that the
arrangements should be reduced to writing for a final review.
Specifically, we have the following continuing concerns:
1. We understand that Deloitte-Touche have audited, to the best of their
ability, Acme's closure collections and expenditures data and are satisfied that
these have been proper; however, no such statement is contained in the
report. We believe that a written certification of this matter by Deloitte-
Touche is required.
2. We believe that any interest which may have been earned by Acme on
closure collections should be paid to the contemplated Trust.
3. We urge the Board to require that Acme pursue reimbursement on
hazardous waste closure and post closure costs from those who have %umped
hazardous waste in the past and turn all such collections. over to the Trust.
To the extent that such collections are successful, Acme should then be
required to pay equal amounts into the Trust in view of their agreement to
fund all hazardous waste closure and post closure costs.
i
4. Your Board should require, as a part of the closure agreement, that there
be periodic public audits of the collection and disbursement of closure fees
and expenses.
5. Further, there should be written assurances that the Trust fund will be
publicly audited periodically to assess the collections and interest earned
versus changes in closure and post closure costs (and the contingency fund).
ii
H
i
_... _.._._.
251
L:1F.-kIETTE CIitCLE. L.\I':\YETTE. r:\
TELEPHONE: (415) 2g,4-1968
1