(a) Initial Construction Surety. Subsequent to the approval of a permit and prior to commencing the construction of the solid waste management facility, the permit holder shall place with the County a construction and erosion control bond or other instrument of the kind and amount specified in the Facilities Standards Manual.
(b) Environmental Impairment Surety. Subsequent to the approval of a permit and prior to issuance of the Certificate to Operate (CTO), the permit holder shall provide the County with a cash escrow to be held in the Environmental Impairment Trust Fund, or a corporate surety bond satisfactory to the Board as to the form, amount and surety, to ensure that when the facility is closed or abandoned, the costs of closure, long-term maintenance of the environmental protection systems and any remedial measures that might be required are covered. The amount of the cash escrow or bond shall be prepared and submitted by a professional engineer certified in the State of Virginia for the owner/operator, and is subject to County approval. Any and all forms of surety shall be at least equivalent to 100 percent of the approved estimate of the cost of closure, long-term maintenance of the environmental protection systems and any remedial measures that might be required. A reasonable allowance for estimated administrative costs and inflation should also be included.
The amount of closure/post-closure costs shall be reviewed and recertified as adequate in accordance with this chapter on an annual basis as part of issuance of a CTO. The amount of the environmental impairment surety required shall be not less than the annually adjusted estimate of closure/post-closure costs. This surety will remain in effect for a minimum of ten years after closure or as otherwise specifically required in this chapter and shall be released upon application of the solid waste management facility operator only when the Director determines, through test and analysis, that there is no appreciable potential hazards to public safety or the environment. The requirement for a surety is not applicable for County-owned and/or operated facilities.
(c) Management of Escrow Accounts. The Department of Financial Services, through its Division of Accounting and Control, shall account for the Environmental Impairment Trust Fund separately from all other funds and, along with the County Treasurer, shall maintain records of individual cash escrows as to principal and accumulated interest. Upon the written request of the Director, the Department of Financial Services, through its Division of Accounting and Control, shall be authorized to disburse or transfer funds to the General Fund or to the General Capital Projects Fund, as appropriate, for the purposes stated herein, or to release funds, either in full or the residual thereof, as stated herein, the sum of which is equal to, but not in excess of, the cash escrows deposited to the Fund, including interest accrued upon the amount so released, less an administrative fee equal to five percent of the total interest accrued on the Fund for a particular facility. Any disbursements, transfers or releases to be made will be in accordance with County policies and will be expended or released on order of the County Administrator. The County Administrator is authorized, pursuant to Section 15.1-117(11) of the 1950 Code of Virginia, as amended, and pursuant to a resolution adopted by the Board of Supervisors on July 1, 1963, as amended, to pay all normal and routine claims when presented, for which sufficient funds are available.
(d) Public Liability Insurance. The operator of any solid waste management facility shall provide, before commencing operation of the facility, evidence satisfactory to the Director of adequate public liability insurance covering the operation of the facility and naming the County as an additional insured. This provision is waived for publicly-operated facilities.
(Ord. 99-06. Passed 5-19-99.)