§ 111.710. Municipal Landfill Closure and Management Escrow Account.

(1)

In the event the City elects to demonstrate its financial responsibility for the closure and long-term care of any of its municipal landfills pursuant to a Municipal Landfill Closure and Management Escrow Account, the provisions of this Section 110.359 shall be applicable.

(2)

As used in this Section:

(a)

Landfill means any municipally owned solid waste land disposal area for which a permit, other than a general permit, is required by F.S. § 403.707, that receives solid waste for disposal in or upon land other than a land-spreading site, injection well or surface impoundment. A landfill includes solid waste disposal areas operating under any Florida Department of Environmental Protection permit or certification which are required to comply with the Department's landfill closure standards.

(b)

Closure includes, but is not limited to, any activities reasonably necessary to submit a complete application for and obtain a permit to close a landfill, such as gas migration investigation, area information reports and engineered designs, as well as activities required to close the facility, like installing groundwater monitoring and leachate control systems, surface cover, and developing the site for its final use.

(c)

Long term care includes, but is not limited to, land surface care, gas monitoring; leachate pumping, transportation, monitoring and treatment; and groundwater monitoring, collection and analysis.

(3)

To provide for the closure and long-term care of municipal landfills that begin operation after December 31, 1990 and as provided in F.S. § 403.7125, there is established an account to be known as the Municipal Landfill Closure and Management Escrow Account to be funded by fees, or surcharges generated from the operations of the respective landfills and by such appropriations as the Council may provide.

(4)

The amount of each initial and subsequent payment to the escrow account shall be as provided by law. The cost to close each City landfill electing to demonstrate its financial responsibility for closure under this Section shall be estimated annually. If the value of the landfill management escrow account is less than the amount of the estimated closure cost required to be periodically on deposit, funds will be added to the escrow account to eliminate the shortage as provided in F.A.C. 62-701.730. If the value of the landfill management escrow account is greater than the total amount of the estimated closure costs required to be periodically on deposit, the overage may be applied to satisfy any alterative landfill closure costs not electing to demonstrate its financial responsibility pursuant to the escrow account methodology, or otherwise, as the City Council may direct.

(5)

Expenditures from the escrow account, and its accumulated interest, may be made only for the purpose of landfill closure and long-term care.

(6)

The funds deposited in this account shall be appropriated by the Council prior to expenditure thereof, upon such appropriation the Director of Finance and Administration is authorized and directed to make distributions from this account upon the written requisition of the Mayor or his designee. If any funds remain in the escrow account, after paying for proper and complete closure and long-term care of landfills electing to demonstrate financial responsibility for closure pursuant to this Section 110.359, the provisions of this Section shall be discharged and such remaining funds may be applied to satisfy any alternative landfill closure costs, or otherwise, as the City Council shall direct. When the City no longer owns or operates any municipal landfill opened after December 31, 1990, then all funds in the escrow accounts, after paying for proper and complete closure and long-term care, may be used for any lawful purpose.

(7)

The Municipal Landfill Closure and Management Escrow Account shall be audited annually by an independent certified public accountant as part of the City's Single Audit Accounting System. The audit shall comply with the requirements of F.A.C. 62-701.730(5)(c) as may be amended or renumbered from time to time.

(Ord. 91-27-17, § 1; Ord. 2006-422-E, § 61; Ord. 2016-140-E , § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 110.359. Formerly entitled "Municipal Landfill Management Escrow Account."