continued Another section of the contract explicitly states 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,” according to the contract.
There is also the previously talked about cap on solid waste collection rates. The contract 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.
There is another provision in the contract in regards to eminent domain. This occurs when any government agency, whether it is state or federal, attempts to take a piece of property for a public purpose or need.
According to Department of Public Works Commissioner Jack Cunningham, the agency would be required to pay a “reasonable price” for whatever portion of the landfill is taken. Waste Connections would then determine whether the facility would still be usable or if it could be repaired. Still, the company would be paid and the town would receive that money from Waste Connections.
“If the whole regional authority thought the landfill was necessary to have, in theory, they could take the landfill through eminent domain,” Cunningham said. “They would have to pay out Waste Connections for the rest of the contract.”