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"IQ Form 3811,Apr. 1989 *u.S.G.P.O.1989.238-et5 DOMESTIC RETURN RECEIPT
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
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.
C6ACa X
Queensbury
Town of ....................... .......................................................................
Local Law- No. ................5.................................. of the year 19 ..93.
A local law to..omwd.2he..Godt,.of..tl2e...T.ow.i7.Qf..nuc��!sbury,Chopter 96, thereof, entitled 'Garbage,
Rubbish and Refuse, " to odd new sections entitled "Speciol Use Solid Waste Exception"
Be it enacted by the ............T.own.Uoacd................ ...............................................of the
(Name of Legislative Body)
Otddy
sty
Townof ............QueensLwr..y..............................................................................................................as follows:
V,&W e
SECTION 1. Title.
This Local Law shall be entitled '.A Local Law to amend the
Code of the Town of Dueensbury, Chapter 96, thereof, entitled
' Garbage, Rubbish and Refuse, ' to add new sections entitled
' Special Use Solid Waste Exception' . " The Local Law provides for
an exception to the restriction that solid waste disposed of at
the Landfill be from within the Town or City of Glens Fails or
under certain circumstances from outside the Town or City but
from within the County of Warren.
SECTION 2. Legislative History and Purpose.
From a review of local legislation previously adopted by the
' Town, it would appear that, for many years, it was the policy of
the Town of Queensbury to limit use of the Town of Queensbury
Landfill to residents of the Town of Queensbury and City of Glens
Falls. It would appear that it was felt that the Landfill was
not of sufficient size for disposal of solid waste originating
outside of the Town of Queensbury and City of-Glens Falls and
that limiting the use of the same was in furtherance -of the
protection of the residents anc taxpayers of these communities
(see Town of Queensbury Code, Section 96-11 ) . The policy of the
Town would appear to have also included placing limitations on
the source of solid waste to minimize and limit the amount of
land utilized for solid waste disposal and, therefore, reduce the
impacts on .the environment, decreased closure costs and maximize
the existing facility (see Town of Queensbury Code, Section 96-
181 .
In recent times, solid waste has begun to be recycled to a
greater, extent, thereby eliminating some landfiliing. Also, a
resource recovery facility has been constructed and is currently
(If ad2itional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS•239 (Rev. 7/90)
L �
use and the Town is required to send processable solid waste to
that facility and thereby further eliminating the need to
landfill the same. Changes in laws, rules and regulations of the
State and Federal Government have also mandated the closure of
the Town of Queensbury Landfill.
The Town Board of the Town of Queensbury notices that all of
the aforedescribed events, either together or separately, have
(1 ) significantly reduced the amount of solid waste going to the
Town of Queensbury Landfill, (2) necessitated or will necessitate
certain closure construction and acquisition of certain fill
materials for closure, (3) caused a loss of revenues from local
residents, while causing the Town to face significant costs for
the required closure of the Landfill.
In order to effectively deal with the aforedescribed events
and also efficiently and expeditiously close the Landfill at a
reasonable cost, the Town Board of the Town of Queensbury feels
it would be appropriate to accept certain types of solid waste
from outside of the Town of Queensbury and even outside the
County of Warren, for disposal at the Landfill. The reason or
purpose behind wanting to accept such solid waste is ( 1 ) that
much solid waste is processed at the Adirondack Resource Recovery
Facility or recycled and, therefore, there is now found to be
more space left over at the Landfill than was originally
contemplated; (2) that the types of solid waste desired to be
accepted are thought to be useful in filling, leveling and
grading those areas of the Landfill that should be filled,
leveled or graded prior to closure and also useful in actual
closing construction, such as for uses as gas venting material
and a barrier protection layer; and (3) that acceptance of the
same would provide revenues that could be used to offset closure
costs.
This Local Law is, therefore, proposed to allow the Town of
Queensbury to modify its existing Local Laws so that it may,
after taking all other steps necessary to obtain any other
required State or Federal approvals and modification of
agreements that may be necessary, and under circumstances more
specifically set forth herein, accept certain types of solid
waste that are felt will be useful and helpful for closure of the
Landfill purposes originating from without the Town of Queensbury
and outside of the County of Warren, as well .
This legislation is intended to constitute local authorizing
legislation and modify existing local laws. Nothing herein shall
be construed as a waiver of compliance with or an indication of
any intended noncompliance with State, Federal , County Law, Rule
or Regulation or previously executed, valid and enforceable
agreements.
(2)
SECTION 3. Local Law Superseded and/or Amended.
The provisions of this Local Law amend ano super°seae
Articles 3 and 4 of Chapter 96 of the Code of the Town of
Queensbury entitled "Garbage, Rubbish and Refuse".
SECTION 4. Chapter 96 of the Code of the Town of Queensbury is
hereby amended to add a new section following Section 96-15. 1, to
be known as Section 96-15. 2, and to read as follows :
§ 96-15. 2. Special Use Solid Waste Exception
A. Notwithstanding anything to the contrary set forth
herein, the provisions of this Article which restrict
C,r- limit disposai OF solid waste at the Town of
Queensbury Ridge Road Landfill, to that solid waste ( 1 )
originating from residents, businesses or other sources
within the boundaries of the Town of Queensbury or City
of Glens Falls or (2) outside the Town of Queensbury
but within the County of Warren under circumstances
involving the use of the Landfill as a temporary
consolidated landfill, shall not be applicable to solid
waste originating outside of the Town of Queensbury
and/or County of Warren, which is ( 1 ) classified or
known as construction and demolition debris, as defined
by DEC Regulations, paper sludge, and/or Adirondack
Resource Recovery Facility ash which will be
subsequently processed into Rolite, (2) brought into
the Town of Queensbury for the purpose of disposition
at the said Town of Queensbury Landfill for grading,
filling, leveling the Landfill, and for uses as gas
venting material or barrier protection material
purposes, and (3) brought into or disposed of at the
said Landfili in accordance with a written agreement
and upon such payment or consideration and other terms
or provisions as shall be approved by the Town Board of
the Town of Queensbury, as demonstrated by the adoption
of an authorizing resolution adopted by majority vote.
B. In accordance with the provisions of paragraph A
hereof, the Town Board of the Town of Queensbury may
arrange for acceptance and disposal of paper mill
sludge, ash from the Adirondack Resource Recovery
Facility, which will be subsequently processed into
Rolite, and/or construction and demolition debris, as
defined by DEC Regulations, all materials originating
or being allowed to originate from outside the Town of
,Queensbury and County of Warren.
(3)
SECTION 5. Chapter 96 of the Code of the Town of Queensbury is
hereby amended to add a new section following Section 96-20. 1, to
be known as Section 96-20. 2, and to read as follows :
§ 96-20.2. Special Use Solid Waste Exception.
A. Notwithstanding anything to the contrary set forth
herein, the provisions of this Article which restrict
or limit disposal of solid waste at the Town of
Queensbury Ridge Road Landfill, to that solid waste ( 1 )
originating from residents, businesses or other sources
within the boundaries of the Town of Queensbury or City
of Glens Falls or (2) outside the Town of Queensbury
but within the County of Warren under circumstances
involving the use of the Landfill as a temporary
consolidated landfill, shall not be applicable to solid
waste originating outside of the Town of Queensbury
and/or County of Warren, which is ( 1 ) classified or
known as construction and demolition debris, as defined
by DEC Regulations, paper sludge, and/or Adirondack
Resource Recovery Facility ash which will be
subsequently processed into Rolite, (2) brought into
the Town of Queensbury for the purpose of disposition
at the said Town of Queensbury Landfill for grading,
filling, leveling the Landfill, and for uses as gas
venting material or barrier protection material
purposes, and (3) brought into or disposed of at the
said Landfill in accordance with a written agreement
and upon such payment or consideration and other terms
or provisions as shall be approved by the Town Board of
the Town of Queensbury, as demonstrated by the adoption
of an authorizing resolution adopted by majority vote.
B. In accordance with the provisions of paragraph A
hereof, the Town Board of the Town of Queensbury may
arrange for acceptance and disposal of paper mill
sludge, ash from the Adirondack Resource Recovery
Facility, which will be subsequently processed into
Rolite, and/or construction and demolition debris, as
defined by DEC Regulations, all materials originating
or being allowed to originate from outside the Town of
Queensbury and County of Warren.
SECTION 6. Effective Date.
This Local Law shall take effect immediately upon filing with
the Office of the Secretary of State.
(4)
(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. 5 of 19 93
of the (Qvxx&)(Qty)(Town)('Jj) ) of Oueensbury was duly passed by the
Town Board on Februorli 1. 19� in accordance with the applicable provisions of law.
(Name of Legislative o y
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
Name of Legislative
on 19_, and was (approved)(not disapproved)(repassed after
ody
disapproval) by the and was deemed duly adopted on 19_,
eet�ve ►e xecutive tC�cer
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)(ViIlage) 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
Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after
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.
(5)
S. (City local 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 137 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 ge a al 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 S 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 appropriate certifica-
tion.)
1 further certify that 1 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.....I......above.
Clerk of the CgoXy legislative body,ftX Town or VOWMicrk or
officer designated by local legislative body
Date: 21217993
(Seal)
(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...........Worren
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 cnactme #>e Fe I law annexed hereto.
............fe
Town Attorney...........................
Title
Date: 21211993 aw of Queensbury
Town ...... ...............
cx
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