Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I I I I I I I I ! I I I I I ! sixty (60) days offer the Deparlmen~ has received notice from the issuing institutio~ thot It I',as decided not to exter, d the letter of credit beyond the current expiration dote unless the ovmer or any successor in interest or the operator has provided alternate financial assurance meeting the requirements of this ordinance. The County shall deposit these funds Jn accor~ with Subparc~aph A. (2) The owner or the operator may submit a performance boncl acceptable to the County naming the County as obligee. The bond sh~ll be issued by o surety comix~y licensed to do surety I:xusiness in the State of Minnesota. The condition of the bond shall be that if the principal falls to perform any of the actions or duties required for post-closure termination, the surety may bring the site or facility into compliance or sholl pay the County for all costs to remedy said failure of the principal, ond that the surety will indemnify ~ save harmle~ the County because of any default of the principal to perform actions or duties required for post-closure termination. Each b~-~~ shall be issued for a period of at least one (I) year and shall provide that the expiration date will be automatically extended for a period of at least one (I) year. If the surety wishes to cancel its bond, it rnust~ at least ninety (~0) days before that date, notify the owner, the operator ~ the Department by certified mail of its decision. The ninety (90) ~ period shell begin on the ckrte of receipt by the Deportment. Expiration connat occur while the owner or the operator is in default in cmmying out post-closure requirements. The ~ sl~ll provide fi"mt in the event that the owner or m~y successor in interest or the operotor does not provide alterr~te financial ossurance meeting the requirements of this ordinance, within thirty (30) doys prior to concellation of this bond, the eatire face mrmunt of the bond s~ll be paid to the County. The delxu"tment droll deposit these funds in accordance with Subi~rc~raph A. The Dep~trne~t stroll moil notification of its intent to use funds for the purpose of cmTying out post-closure requirements to the lost known ocldress of the owner or the operator. If the owner or the operator requests a heoring in writing within ten (10) ck~s thereofter, the Delx~me~t shell, prior to using the fur~ls, hold o hearing in occordc~'~ce with Section S.0~ of the Anoka Co~qty Administrative Procedures Ordinm~ce, Ordinm~ce No. 79-l, for the purpose of determining whether or not the owner or the operator has failed to perform activities or duties required for Ix~t-closure maintenance, monitoring, or care. In the event that a hearing is requested regarding the County's l:~-,cJsJon to cr~ow ~ o letter of credit or forfeit a bond due to expiration of the bond or the letter of credit, the County may draw upon the~e funds prior to the hearing, but shall not use the fumh to carry out post-closure requirements until a hearing has been held. During the post-closure period, the County may refund monies or decrease the amount of a letter of credit or a bond if the owner or the operator demonstrates to the satisfaction of the County that the amount of financial assurance exceeds the remaining cost of post-closure monitoring, maintes~nce, and long-term care. Upon completion of the post-closure period, the County shall release any remaining monies or other finar~Jal assurance to the perso~ providing said monies or financial assurance. Subsection 9. Fees ~nd license zones required by this e~dinonce ~'e os follows: The Coc~qty of Anoko is hereby divided into two sc~itm7 landfill license zones desigr~ted ~s "Sonitc~/Londfill Zone A" m~l "Sonitm"y Londfill Zone B" respectively. "Sonitory Lorelill Zone A" is composed of the municipalities of Anoka, Blaine, Centerville, Circle Pines, Columbia Heights, Coon Rapids, Fridley, Hilltop, Lexington, Llno Lukes ~ Spring Loke Pork. 2. "Sonitory Lextfill Zone B" is composed of ell towr-~,hips end municipalities in Anoka County not included in "Sonitm7 Lmxlfill Zone A". B. The eTeunt of each license and application fee plus the method ~ time of Ixtyment thereof shall be determined by resolution of the County Board. C. The application or license fee for any municipality or township c~plying for a sanitary landfill license may be waived by the County Board. -7- ,I