LL 13 Sanitary Landfill �dC4iEsrF
08/01/91 g
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Local Law No. 1; 91..
Town of Queen:sbury
C/O Clerk's Office
531 Bay Road
Queensbury, NV 12804
f
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NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
goof ..........Que.ensbury......................................................................................
Town
Vdkpge
Local Law No'. .............13
....................................... of the year 19 9�...
A local law A•mendin_q,Local,Low..No....7,3.of,7987 Titled L-imitation,On.Source.Of.Solid•Woste Disposed
At Queensbury's Sonitory Lo(ncFilTond Likewise Respectively Amending The Corresponding Codification
of Sold Luw In Articdle IV gf Chapter 96 of The Code o f The Town of Queensbury Entitled Solid Waste Source
L.imitoti S it enacte by the ...........................Town-Board......................................................................................o .the
t8at�r�Ay
Town
of ........Queensbur..y................. ..........................as follows:
X1dta�ex
§1 TITLE
This Local Law shall be titled: "A Local Law Amending Local Law No. 13
of 1987 Titled Limitation on Source of Solid Waste Disposed at Queensbury's
Sanitary Landfill and . Likewise Respectively Amending the Corresponding
Codification of Said Law in Article IV of Chapter 96 of the. Code of the Town
of Queensbury Entitled Solid Waste Source Limitations."
§2 LEGISLATIVE HISTORY AND PURPOSE
The Department of Environmental Conservation has alleged that the Town
of Queensbury has violated 6 NYCRR 360-1.7(a)(1)ii, in that the Town of
Queensbury does not possess a permit to operate a landfill facility located off
Ridge Road in the Town of Queensbury. It would appear that the Department
of Environmental Conservation has made the same allegations with regard to
landfills operated by all other towns in Warren County. Consent Orders were
agreed to by the Town of Queensbury as well as the other towns which would
require all landfills in the County of Warren to be closed by April 1, 1991. =
The aforesaid Consent Order, however, does provide that the towns may
submit for the Department's consideration and possible authorization, a proposal
for the temporary use of a landfill as a consolidated landfill for all towns in
Warren County. This would then allow that particular landfill to remain open
past the April 1 deadline and provide a place for disposal of solid waste from
all towns in Warren County for a currently unspecified time but probably not
later than such time as a solid waste management facility is made available.
At this time, the Town of Queensbury landfill has been proposed as the
consolidated landfill for the towns in Warren County and the Department of
Environmental Conservation has preliminarily approved the use of the same as
such. The Town of Queensbury's agreement to this plan would allow
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
requirements of the Consent Order to be modified such that the Town of
Queensbury landfill would be allowed to remain open past the April 1 date.
This Local Law is adopted so that the Town of Queensbury may agree to
the consolidated plan and therefore obtain a revision to the aforesaid Consent
Order which would allow the Town of Queensbury landfill to temporarily remain
open past the April 1, 1991 deadline and possibly until such time as another
solid waste management facility is made available for the disposal of solid waste
for the Town of Queensbury.
This Local Law amends Local Law No. 13 of 1987 such that the provisions
in said Local Law restricting the disposal of solid waste in the Town of
Queensbury Ridge Road landfill to that solid waste originating within the Town
of Queensbury or City of Glens Falls borders are modified to allow disposal in
said landfill of solid waste from all towns and areas within the County of
Warren under certain circumstances.
The impacts of this Local Law should be minor as:
1. Engineers have determined that the Town of Queensbury landfill has
sufficient capacity to serve as the proposed consolidated landfill;
2. the actual footprint of the landfill will remain the same;
3. the total volume of solid waste disposed at the landfill in any given
year should not be greater than that disposed of in 1987, even
though the rest of Warren County is being served as the total
quantity of solid waste will be reduced through recycling programs;
and
4. this is a temporary measure agreed to until such time as another
solid waste management facility is available to receive solid waste
from the Town of Queensbury as well as the other towns in Warren
County.
This Local Law provides substantial economic savings for the residents
of the Town of Queensbury and also provides a practical interim solution to the
disposal of solid waste from within Warren County until such time as the
Hudson Falls solid waste management facility is operational or until such time
as another facility is available.
§3. The aforesaid Local Law No. 13 of 1987 entitled, "Limitation on Source
of Solid Waste Disposed at Queensbury's Sanitary Landfill" is amended by
adding a new Section 5 and Article IV of Chapter 96 of the Code of the Town
of Queensbury entitled Solid Waste Source Limitations is likewise amended to
add a new Section 96-20.1 and to be entitled "Special consolidation exception"
to read as follows:
SECTION 5 of the Local Law and in the Code of the Town of
Queensbury, Section 96-20.1 "Special consolidation exception."
The provisions of this Local Law which restrict or limit
disposal of solid waste at the Town of Queensbury Ridge Road
Landfill to that solid waste originating from residents, businesses,
(2)
or other sources within the boundaries of the Town of Queensbury
shall not be applicable in the event that:
1. The Town of Queensbury Ridge Road Landfill is authorized
by the Department of Environmental Conservation to
temporarily serve as the consolidated landfill for all towns
located in the County of Warren; and
2. recycling programs are implemented by the Town of
Queensbury;
3. landfill user agreements are entered into between the Town
of Queensbury and all towns using the landfill concerning,
among other things, the mandatory requirement that recycling
measures be taken to limit the amount of waste disposed of
at the Town of Queensbury landfill.
In this event, no person, firm or corporation or other business entity
shall be fined or in any fashion penalized for the disposal of solid waste at
said Town of Queensbury landfill originating from within the County of Warren.
Also, in such event, no person, firm or corporation shall dispose, leave or
cause to be placed at the Town of Queensbury Sanitary Landfill on Ridge Road
garbage or any form of solid waste regulated by the New York State
Department of Environmental Conservation which garbage or solid waste
originates outside the boundaries of the County of Warren.
§4 SECTION 5, Paragraph A. of said Local Law No. 13 of 1987 is amended
to read as follows:
A. A violation of this Local Law shall be an unclassified misdemeanor,
and upon conviction shall be punishable by a fine not to exceed
$1,000.00 for each violation.
§5 Other than as amended herein, all other provisions of the Local Law
amended shall continue to apply; except that all paragraphs commencing with
former paragraph #5 and numbered subsequent thereto shall be renumbered
accordingly and the Code of the Town of Queensbury shall not be renumbered
in the same manner but rather a new Section 96-20.1 shall set forth this
amendment.
§6 This Local Law shall take effect immediately or as soon as permissible
under the provisions of the Municipal Home Rule.
(3)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 13 of 19 91
of the (Q4tve>aV)(QjWXTown)( }ax) of Queensbury was duly passed by the
Town Board on July 22nd 1997 , in accordance with the applicable provisions of law.
(Name of LegislativeBody)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of LegislativeBody)
disapproval) by the and was deemed duly adopted on 19_
(Elective Chief Executive tficer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on I9_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(4)
5.i(Ci+.y,41ocal law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
r`
-C—lerk of the Caunty legislatiye body,C4ity,Town or V416ge Clerk
or officer designated by local legilsative body
(Seal) Date: July 24, 7997
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Warren
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the to w annexed hereto.
ure
Town Attorney
Title
CXQazrbs+ •-
ty of Queensbury
Town
�id1�e
Date: July 24, 7991
• (5)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue
Albany, NY 12231-0001 Town of Queensbury
LOCAL LAW(S) NO. YEAR FILING DATE
DATE: 7/30/91 13 1991 7 25 91
Local Law Acknowledgment
The above-referenced material was received
_ and filed by this office as indicated.
DARLEEN M DOUGHER iI
TOWN OF QUEENSBURY
TOWN OFFICE BUILDING
531 BAY ROAD
QUEENSBURY NY 12804 Additional local law filing forms will be
I, —I forwarded upon request.
DOS-236 (Rev. 6/90)