The Town of Colonie and Waste Connections, Inc., put ink to paper on Thursday, Aug. 4, and signed the Solid Waste Facility operating agreement.
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 will be also be responsible for the closure and post-closure care requirements until the New York State Department of Environmental Conservation has agreed those requirements have been met.
The town is now expected to receive $23 million with the signing of the contract. Supervisor Paula Mahan said this will effectively clear the deficits in both the governmental 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 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.
The contract also states that the town is in no way a partner of the company in any of the company's business 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 to fulfill 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.