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.