215.91RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN ORDER ON CONSENT
MODIFICATION
RESOLUTION NO. 215, 1991,
Introduced by Mrs. Marilyn Potenza who
moved for its adoption, seconded by Mr. George Kurosaka:
WHEREAS, the Town of Queensbury operates a landfill, the same being
located off of Ridge Road in the Town of Queensbury, and
WHEREAS, the New York State Department of Environmental
Conservation, has alleged that the Town of Queensbury has violated
6 NYCRR 3601.7(a)(1)(ii) in that the Town of Queensbury does not
possess a permit to operate the facility, and
WHEREAS, an Order on Consent has been previously drafted and
executed by the parties concerned, and
WHEREAS, the aforesaid Order on Consent provides that closure of
the landfill and submission of closure plans, together with certain
other duties and responsibilities must be accomplished by certain
dates, and the parties have agreed to modify the aforesaid dates as
a result of an application made by the several towns of Warren
County, through the County Attorney's Office, and
WHEREAS, an Order on Consent Modification has been presented at
this meeting, together with a proposed revision to paragraph II. D.
thereof,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
agrees that the Town of Queensbury should become party to the Order
on Consent Modification, and authorizes the Town Supervisor of the
Town of Queensbury to execute the same on behalf of the Town of
Queensbury, with paragraph II.D. revised as proposed, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury, by this
resolution and its actions in authorizing the Town Supervisor of
the Town of Queensbury to execute the Order on Consent
Modification, makes no admissions or representations by virtue
hereof, other than to authorize the Supervisor to sign said Order
on Consent, and hereby further reserves all other rights, claims,
and actions the Town of Queensbury may have, if any, in connection
with the New York State Department of Environmental Conservation's
allegations, the Landfill, and any rules, laws, or regulations, and
any other related matters.
Duly adopted this 4th day of April, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr.
Borgos
Noes: None
Absent: None