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Council approves ADEQ financial-assurance agreement for North Little Rock Airport landfill

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Summary

The council adopted a resolution authorizing a financial-assurance agreement with the Arkansas Department of Environmental Quality for post-closure care of the North Little Rock Airport Landfill; city attorney and staff said the city is required to pledge general revenues but is only liable to pay actual remediation costs if ADEQ requires action.

The North Little Rock City Council voted to authorize the mayor and city clerk to enter into a solid-waste facility financial-assurance agreement with the Arkansas Department of Environmental Quality (ADEQ) for post-closure care of the North Little Rock Airport Landfill.

City Attorney Amy Beckman Fields and city staff said the requirement is periodic and longstanding. "This has been going on for a, as I say, for a long time ... In the past, it's generally been a five-year agreement. It's required by law," Fields said.

Fields told the council the agreement requires the city to pledge general revenues as financial assurance so ADEQ can rely on the city to fund post-closure remediation if it becomes necessary. She said the city is not necessarily obligated to pay the yearly estimate up front: "As far as I know, according to law, we don't have to pay the $30,000. We just have to pledge our revenues that if there are postclosure remediation that has to be done, that we have the funds available to do that."

Council members asked whether the agreement or higher estimated dollar amounts reflected new work; staff said ADEQ inspects the site and provides engineering reports that inform the annual cost estimate. The council approved the resolution by roll call.

The resolution was read by title as authorizing the mayor and city clerk to enter into the agreement with ADEQ for post-closure care of the airport landfill. The council approved the measure after questions from members and staff clarification that the arrangement is a routine, legally required financial-assurance pledge, not an immediate payment obligation.