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WHEREAS, the above-referenced remedial activities in the event of development are <br /> consistent with post-closure maintenance and long-term environmental protection of the <br /> landfill site and are required by the Consent Decree in order to comply with RCW 70.95; <br /> and <br /> WHEREAS, the need for the above-referenced activities on the landfill site arise out of <br /> previous solid waste handling activities on the landfill site that were for the comfort and <br /> use of the Utility's ratepayers; and <br /> WHEREAS, the above-referenced activities on the landfill site are proprietary in that <br /> they are part of the Utility's solid waste handling/management function performed for <br /> the special benefit of the of the Utility rather than for the common good of all; and <br /> WHEREAS, the creation of Fund 338 would provide a means of dedicating and <br /> allocating money to only the above-referenced activities on the landfill site and allow the <br /> tracking of expenditures for construction and design costs; and <br /> WHEREAS, a direct relationship exists between the fees that will be charged to the <br /> Utility's ratepayers and the environmental mitigation burden produced by the ratepayers <br /> and the Utility has considered the ratepayers' respective shares of the cost of meeting <br /> the burden; and <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> A special Design and Construction Fund is hereby established as Fund 338, entitled <br /> "Solid Waste Site Improvements Fund" to accomplish the actions authorized in this <br /> ordinance. <br /> Section 2: <br /> Authorization is hereby given to accumulate costs and distribute payments from Fund <br /> 338 to accomplish the design and construction of Leachate Collection System <br /> Improvements, Methane Collection System Improvements, and related landfill gas and <br /> leachate controls, including portions of the low permeability barrier/cap/geomembrane, <br /> subgrade preparation needed to install such systems, and other projects associated <br /> with proper landfill closure and long-term environmental protection of the landfill site as <br /> contemplated by the CAP/CD, and to make payments under public or private <br /> agreements as may be approved by City Council to carry out the above solid waste <br /> management requirements and obligations. <br /> 3 <br />