HomeMy WebLinkAboutNYS DEC ELIZABETH A. NEVILLE
TOWN CLERK
REGISTR.~R OF VITAL STATISTICS
I%~A~3~I AGE OFFICER
RECORDS ~LZ2qAOEMENT OFFICER
FREEDOI~I OF INFOI~V~kTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
F~x (631) 765-6145
Telephone (051) 765-1800
southoldtown.nerthforkmet
OFFICE OF THE TOWN CLERK
TO%VN OF SOUTYIOLD
TgtlS IS TO CERTIFY THAT TrIE FOLLOWING RESOLUTION NO. 495 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD
ON JUNE 29, 2004:
RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs
Supervisor Jo.~hna Y. Horton to execute a modifieation to the monitor provisions contained
at attachment 1. oaragraphs LB-LB.~ of Stipulation of Settlement #91-19050 and 91-19273
issued by the New York State Department of Environmental Conservation, said
modificanon subject to the approval of the Town Attorney.
Elizabeth A. Nevffie
Sonthold Tow~ Clerk
ACCOUNt'LNG & FINANCE DEPT.
John A.. Cushman, Town Comptroilcr
Telephone (631) 765-4333
Fax (631) 765-1366
E-mail: accounting@to ~,m.southold.ny.us
TOWN I~4.LL 'XN-N~X
Feather Hill, Building 10
620 Traveler Street
P.O. Box 1179
Southold, NY 11971-0959
TOWN OF SOUTHOL~
OFFICE OF THE SUPERVISOR
July 2, 2004
Scott Crisafu[li
Water Compliance Counsel
New York State Department of Environmental Conservation
Division of Environmental Enforcement
Bureau of Enforcement and Compliance Assurance, 14th Floor
625 Broadway
Albany, NY 12233-5500
Re: Stipulation of Settlement to Account for Monitor Billing
Stipulation #91-19050 and Stipu[at;on #91-19273
Dear Mr. Crisafulli:
As requested in your letter of June 18, 2004, enclosed please find two stipulation
modification agreements executed by Supervisor Joshua Y. Horton which will allow the
Department's new billing method to proceed. Please be sure to return one copy of this
modification agreement to my attention upon full execution by your agency.
We are looking forward to the implementation of the new billing procedure. Please feel
free to contact me should you require any additional information.
CC;
Very truly yours,
John Cushman
Town Comptroller
Elizabeth Neville, Town Clerk,,"
Patricia Finnegan, Town Attorney
MODIFICATION TO THE MONITOR PROVISIONS CONTAINED AT
ATTACItMENT 1, PARAGRAPHS I.B-I.B.2 OF STIPULATION OF SETTLEMENT
#91-19273 ISSUED BY THE NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
Attachment I, Paragraphs I.B-I.B.2 of SfipulaUon o f Settlement, Index #91-19273, which
set forth the method of funding thc Environmental Monitor, are hereby revised to read as
tbllo~vs:
(a)
Funds required to support the monitoring requirements shall be provided to the
Department for funding of environmental compliance activities related to the
operation of Respondent's Facility. This sum is based on annual Environmental
Monitor service costs. Subsequent annual payments shall be made for the
duration of this Stipulation to maintain an account balance sufficient to lueet the
next year's anticipated expenses. One semi-annual payment shall be made for the
period be~nnlng October 1, 2004 to March 31, 2005, and thereafter the
Respondent shall be billed armually for each fiscal year beginning April 1, 2005.
(b)
The Department may revise the required payment on an annual basis to include all
costs of monitoring to the Department. The annual revision may take into account
factors sufzh as inflation, salary increases, changes in operating hours and
proced~s, and the need for additional Environmental Monitors_ Upon written
request by thc Respondent, the Department shall provide that entity with a written
explanation of the basis for any modification. If such a revision is required, the
Dspartment will notify the Respondent of such a revision no later than 60 days in
advance of any such revision.
(c)
Prior to making its annual payment, Respondent will receive and have an
opportunity to review an annual work plan for activities that the Department will
undertake pursuant to thc Stipulation, during thc year.
(d) Payments arc to be made within 30 days of receiving a bill from the Deparlanent.
Payments for this account shall be in addition to any other funds previously paid
by Respondent for environmental monitoring services prior to October 1, 2004.
2. All other provisions of the Stipulation of Settlem3nt shall remain in full force and effect.
The effective date of this modification to the Stipulation of Settlement is the date the
Commissioner, or the Commissioner's designee, 3igns rids modification.
DATE:
Albany, New York
,2004
ERIN M. CROTTY
Commissioner of Enviromuental Conservation of
the State of New York
By:
Peter Scully, Regional Director
CONSENT BY RESPONDENT
Respondent hereby consents to the making, entering and filing of the foregoing
modification to the Stipulation of Settlement without further notice and waives its right to a
hearing herein.
Joshua Y. Horton
NAi~H~ OF RESPONDENT
Title: Supervisor
D~e: July 2, 2004
STATE OF NEW YORK
COUNTY OF Suffolk
Onthis 2nd day of July , 2004personally came Joshua Y. Horton
, to me known, xvho being by me duly iswom d/d depose and say that he/she
resides at 123 Mmi_n Street, Greengort:, New Yorki ,
that he/she is the Supe~xrisor of theI Toxm of Southold , the
corporation described in and which executed the foregoing instrument; and that he/she signed
his/her name as authorized by said corporation.
NOTARY PUBLI~
BABBABA ANN BUDDI[B
Nolary Pub{k:, $1'~'e of Now York
No. 4855805
Qualified in Suifo k Counly
Como imion Exlairal ,R{iri{ 14,~o