Resolution - 9107RESOLUTION NO. 9107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ESTABLISHING THE UUP
ADMINISTRATIVE, INSPECTION AND ENFORCEMENT FEE
FOR FISCAL YEAR 1993-94 AND CONFIRMING
ADDITIONAL COSTS INCURRED BY THE CITY IN
RESPONDING TO SPECIFIC COMPLAINTS, PROBLEMS
• AND OTHER UUP RELATED MATTERS.
WHEREAS, the City of West Covina Unclassified Use Permit
Revision No. 5 ("UUP"), adopted June 14, 1976, by Resolution
No. 5245, regulates certain land uses at the BKK Landfill located
at 2210 Azusa Avenue, West Covina, California; and
WHEREAS, Section 10A of the UUP provides that each year
before July 1, the City Council is to establish an annual
administrative, inspection and enforcement fee sufficient to
reimburse the City for its actual costs of inspection and
enforcement of the UUP for that fiscal year; and
WHEREAS, actual expenses incurred by the City for
inspection of the operation of the Landfill and enforcement of the
UUP include expenses for staffing, inspection and enforcement
duties, as well as administration, supplies, equipment, legal
costs, engineering costs and expenses, technical and consultant
fees and costs, staff, training, and related fees, costs and
expenses; and
WHEREAS, such fees and costs under the UUP are required
to be paid annually by the BKK Landfill operator or on before the
first day of July of each year for expenses incurred during the
preceding fiscal year; and
WHEREAS, Section 10A of the UUP provides that, in
addition to the inspection, administrative and enforcement expenses
incurred by the City under the UUP, costs incurred by the. City
during the same annual year in responding to specific complaints,
problems and other UUP related matters are to be borne by the
operator of the BKK Landfill, and such fees are to be paid to the
City prior to the issuance or renewal of its business license; and
WHEREAS, none of the fees, costs and expenses designated
under this Resolution have been incurred by or passed on to the
Waste Management Enforcement Agency of the City, which acts as the
Local Enforcement Agency for solid waste landfills and transfer and
processing stations within the City of West Covina; and
WHEREAS, the failure of the operator of the BKK Landfill
to pay the amounts designated herein within 30 days from the date
of the adoption of this Resolution may result in the assessment of
penalties against the operator of the BKK Landfill, and/or may
result in the suspension or revocation of the unclassified use
permit.
NOW, THEREFORE, the City Council of the City of West
Covina does resolve as follows:
SECTION 1. The recitals set forth above are true and
correct.
SECTION 2. For the 1993-94 Fiscal Year, the City's
isactual costs, expenses and fees incurred in connection with the
inspection of the operations of the BKK Landfill, and the
administration and enforcement of the Unclassified Use Permit,
equaled $22,506.17. This amount shall be paid by the operator of
the BKK Landfill within 30 days from the adoption of this
Resolution.
0685-94/A:/C:CC/BKKWPEE.RESO/RST/SRG
SECTION 3. Failure of the operator of the BKK Landfill
to pay the amounts due and owing in accordance with this Resolution
under the UUP shall constitute a violation of the UUP subjecting
the operator of the Landfill to suspension or revocation of the
UUP, and to the assessment and forfeiture of penalties as set forth
under the UUP.
SECTION 4. The amounts due and owing in accordance with
this Resolution, if not ,paid within the time limits set forth
herein, including any and all penalties which may be imposed under
the terms of the UUP, shall become a debt due and owing to the City
and interest shall be imposed against the operator of the BKK
Landfill on the amounts identified in the Resolution which remain
unpaid, at the, current legal rate of interest.
SECTION 5. The adoption of the fees herein are
statutorily exempt from the requirements of the California
Environmental Quality Act as they concern reimbursement to the City
for actual costs, fees and expenses incurred in the inspection of
the operations of the BKK Landfill and in the enforcement and
administration of the UUP, and are not capital charges.
SECTION 6. If any section, subsection, sentence, clause
or phrase of this Resolution is for any reason held to be invalid
or unconstitutional following a decision by any court of competent
jurisdiction, such decision shall not effect the validity of the
remaining portions, sections, subsections, sentences, clauses or
phrases of this Resolution. The Council hereby declares and
resolves that it would have passed this Resolution and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any other
portion of this Resolution is subsequently declared invalid or
unconstitutional.
Adopted and approved this 21sttday of June , 1994.
ATTEST:
c Aida''� ; City Clerk
I hereby certify that the foregoing resolution was duly
adopted by the City Council of the City of West Covina at a regular
meeting thereof held on the 21st day of June 1994, by the
following vote of the Council:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSENT: None
ABSTAIN: None 4 .
City Cler.�
APPROVED AS TO FORM:
•
City Attorney
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