The Town of Colonie and Waste Connections, Inc., put ink to paper last night and signed the Solid Waste Facility operating agreement at approximately 6 p.m. local time, according to Supervisor Paula Mahan.
A resolution was passed 6-1 last Thursday authorizing the town to enter into an operating agreement with Waste Connections, Inc., for the town’s landfill.
The Spotlight obtained a copy of the contract through a FOIL request.
The town will still remain the owner of the landfill, according to the contract, but Waste Connections will be in charge of managing, maintaining and operating the facility for the next 25 years. The company would be also be responsible for the closure and post-closure care requirements of the 6 NYCRR, part 360 is met and the New York State Department of Environmental Conservation has agreed that all requirements have been met.
The town is now expected to receive $23 million upon the signing of the contract. Mahan said this will effectively clear the deficits in both the General Fund as well as the fund for the landfill in the budget. Any money received after that must go toward paying off debt the Town of Colonie owes.
There is a provision in the contract that if Waste Connections were to intentionally fail or neglect its duties at the landfill and not fulfill the agreed upon requirements, the town has the right to complete those actions at the company’s expense and with interest starting the day money is spent. According to section 22 of the contract, the town must do so within 30 days after a written notice of the failure is given to the company. The company could also complete those actions within that same time period.
In sections 24, the contract states that the town is in no way a partner of the company in any of the company’s businesses or joint ventures. Town Attorney Mike Magguilli has said earlier that this particular provision protects the town from any liability issues.
There are some obligations for the town under the contract. The town is not allowed to amend any of the existing contracts that deal with waste disposal and must also provide any billing records of customers of the landfill to Waste Connections.
In section 26e, it explicitly state the town must join and fully support any application for permits for operation or expansion of the landfill that is deemed necessary by both the Waste Connections and the town. The town is allowed to review any reasonable request by the Company to acquire more property Waste Connections would deem necessary for operation or expansion of the landfill.
`and shall determine in Town’s sole discretion, whether to comply with Company’s request to exercise said authority,` the contract says.
There is also the talked about cap on solid waste collection rates. In section 37b, it states that the annual increase of the rate will be no higher than 3.5 percent or the annual increase of the Consumer Price Index, which reflects changes in fuel prices or any new laws and regulations. The fuel adjustments will be based on the Energy Information Administration of the United States Department of Energy’s Weekly Retail on Highway Diesel Prices for the Central Atlantic. There is no cap for businesses or for customers living outside of the Town of Colonie.“