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LL 05 Amend Garbage Rubbish Refuse _-*MESS SENDER INSTRUCTIONS f._;; f j �: -. Print your name,address and ZIP Coda EI&MAIL xhe specrbelow. Complete items 1,2,3,and 4 on thereverse. • Attach to front of article H space permits,otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO • SENDER: Complete items 1 and 2 when add+tru. 3 and 4. -� Put your address in the"RETURN TO"Space on the reverse side.Failuro_ from being returned to you.The return receipt t fee will rovide ou the name of tn� the date of deliver . For ad niona ees t e o owing services are evade e. Consult poo... an check bo es or additional service(s)requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery j (Extra charge) (Extra charge) 3. Article Addressed to: Article Number PJ-40(p S,-SS'�j t �� Type of Service:❑Y Re ❑tared Insured l � Certified ❑ COD n Express Mail � forRetur MerchandisReceipt e Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if j X requested and fee paid) • 6. Signatu gent X 7. Date of ery "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 (6)