Beverly Hills Municipal Code Art. 11 Environmental Liability Fund

This article may be referred to as the ENVIRONMENTAL LIABILITY FUND ORDINANCE of the city of Beverly Hills. (Ord. 95-O-2231, eff. 3-10-1995)

There is hereby established a fund, to be known as the "environmental liability fund", which fund will be administered by the director of finance. In addition to any other monies appropriated by the city council to the fund, the following amounts will be deposited in the fund:

A. Monies received from commercial solid waste collection enterprises pursuant to the terms of any exclusive or nonexclusive franchise agreement between the city and such enterprise, which monies are specifically designated for payment into the fund.

B. Monies received from persons in the city conducting business of a nature which creates an actual or potential environmental threat, and where payments to the fund by proprietors of such businesses are required by the terms of an agreement, or by ordinance or resolution of the city council.

C. All interest earned upon money deposited in the fund. (Ord. 95-O-2231, eff. 3-10-1995)

Upon authorization by the city council, money in the fund may be expended for the following purposes:

A. The purchase of one or more environmental impairment liability insurance policies for the purpose of protecting the city, or its franchised commercial solid waste collection enterprises, or both, against liability attributable to or arising out of the use of landfills or solid waste disposal facilities, or any other activities involving the collection, transporting, processing or disposal of solid waste.

B. The defense of the city, its elected officials, officers, agents and employees, against claims, suits, fines, penalties, cleanup costs, liabilities, judgments, losses, damages, attorney fees, costs and expenses of whatever kind or type, including, but not limited to, those filed or asserted by governmental entities, arising out of, resulting from, or in any manner connected with any of the following:

1. The activities at a landfill or other solid waste disposal facility by any commercial solid waste collection enterprise operating under a franchise agreement with the city, whether exclusive or nonexclusive.

2. The collection, transporting, processing or disposal by any commercial solid waste collection enterprise operating under a franchise agreement with the city, whether exclusive or nonexclusive, of any solid waste, residential solid waste, recyclable materials, or any products connected with recyclable materials.

3. Acts or omissions of any person, including any commercial solid waste collection enterprise operating under a franchise agreement with the city, whether exclusive or nonexclusive, or the acts or omissions of such person's agents, employees or subcontractors, resulting in claims made against the city pursuant to any federal, state, county, district, or city statutes, ordinances or regulations relating to the conservation, protection or remediation of natural resources. (Ord. 95-O-2231, eff. 3-10-1995)

Following the end of each calendar quarter, the director of finance will prepare and submit to the city council a report setting forth the total amount then on deposit in the fund, including any interest earned, and all expenditures from the fund for any purpose authorized in section 3-1-1103 of this article. (Ord. 95-O-2231, eff. 3-10-1995)