HomeMy WebLinkAboutEnvironmental Conservation Law Amendment JUDITH T. TERRY
TOW~ CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
May 22, 1980
Honorable Roger Robach
Nexv York State Assemblyman
Legislative Office Building
Albany, New York 12248
Dear Assemblyman Robach:
Whereas you are the Chairman of the Assembly
committee on commerce, Industry and Economic Develop-
ment, the Town Board of the Town Board ~espectfully
request your support for Senate Bill 2153 and Assembly
Bill 2822 entitled "An Act to amend the environmental
conservation law, in relation to litter and solid waste
control".
A Home Rule Message in respect to the aforesaid
"Bottle Bill" was adopted by the Southold Town Board
at a regular meeting held on April 22, 1980.
Very truly yours,
Judith T. Terry
Town Clerk
JOHN I. BEHAN
I~t ASSEMBLY DISTRICT
THE ASSEMBLY
STATE OF- NEW YORK
ALBANY
May 12, 1980
RECEIVED
MAY ;J 1980
Judith T. Terry
Town Clerk
Town of Southold
Southold,~971
Dear Ms. T~
Thank you ~r your letter of April 23rd supporting Assembly
Bill 2822~ommonly known as the "Bottle Bill". Not only do I
fully sup~rt Assembly Bill 2822, I am also a co-sponsor of this
legislation as you know.
In an area that is as environmentally fragile as eastern Long
Island, this legislation is essential. The effect of this legi-
slation has been proven in other states such as Oregon, Vermont,
and Connecticut. Environmental benefits have been significant.
Further, the bill has not had the adverse economic impact that
many of its opponents had predicted. In many states where this
legislation has been enacted, jobs have been created rather than
lost because of the Bottle Bill. These facts clearly illustrate
that New York State should act now to enact Assembly Bill 2822.
The legislation is currently before the Assembly Committee on
Commerce, Industry and Economic Development. I would suggest
that you contact the Chairman of this Committee, Assemblyman
Roger Robach and inform him of your support for this very impor-
tant proposal. Thank you for sharing your views w~th me on this
important legislation.
. S i ~e~tr eFv, /
~f~ · //mber of Assembly
JLB: pv
THe SENATE
STATE OF NEW YORK
ALBANY 122~7
eECEIVED
1980
Tow~ Clerk $outhold
April 29, 1980
Ms. J~dith Terry
Clerk of the Town Board of Southold
Main ~ad
Southold, New York 11971
Dear Ms. Terry:
The New York State Constituti~ covers the requirements for hc~e
rule messages. A bill which affects all of the State of New York does
not require a hc~e rule message. If the bill covered only the Town of
Southold, then the hcme rule would be required.
I appreciate the expression of support for my "Bottle Bill" S-2153
evidenced by the Hc~e Rule message adopted c~ April 22, 1980, and will
file same with the bill.
Be assured I will do all I can to move the bill to the floor.
Again, thank you for your support.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
Supervisor
April 23, 1980
Raymond C. Allmendinger, Babylon
Joseph Lefkowitz, Brookhaven
Mary A. Fallon, East Hampton
Kenneth C. Butterfield, Huntington
Michael A. LoGrande, Islip
Joseph Janoski, Riverhead
Barbara Keyser, Shelter Island
Patrick Vecchio, Smithtown
Martin Lang, Southampton
William R. Pell III, Southold
Dear Supervisor
The Southold Town Board at a regular meeting held
on April 22, 1980 adopted a resolution urging the New
York State Legislature to enact Senate-Assembly Bill
S.2153, A.2822 entitled "AN ACT to amend the environmental
conservation law, in relation to litter and solid waste
control", and submitted a Home Rule Message to the Senate
and Assembly in relation to this bill.
Very truly yours,
Judith T. Terry
Town Clerk
~K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
April 23, 1980
Honorable Kenneth P. LaValle
New York State Senator
Senate Chambers
The Capitol
Albany, New York 12224
Dear Senator LaValle:
Enclosed herewith is a Home Rule Request from
the Southold Town Board in regard to Senate Bill
2153 and Assembly Bill 2822 entitled "An Act to
amend the environmental Eonservation law, in relation
to litter and solid waste control.
Whereas you are one of the sponsors of this bill,
the Town Board sends you this Home Rule Request in
hopes that it will aid in its adoption.
Very truly yours,
Judith T. Terry
Town Clerk
P.S. A similar Home Rule Request has been sent to
Assemblyman Behan on this same bill.
IMPORTANT: READ IHSTRUCTIOHS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution. the _ To~w_.n. ....................................... of
(county, city. town or viltage)
Senate .
Southold requests the enactment of ..... bill(No. S. 21,53 ),
entitled" AN ACT to amend the environmental conservation law, in
relation to litter and solid waste
Il is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[] The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem~
bership of the local legislative body, both tile chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATERE
(Signed) ...............................................................
(chief executive officer)
Date: ..................... , 19 ....... _ ......................................................
CLERK'S CERTIFICATION
dith
T
Try
.... Town Board
I, .Jll__.___ .___.._er_:_ .......... do hereby certify that I am c err ot tine
.................................................................... of the ............. T_9.~/_~_
Southold .............................
of .................. and that on the 2_~_n__d____ day of April ,
two-thirds
19. ~). { ~s~h,, legislative body, at leasta ~ of the total membership having voted in favor thereof,
approved the foregoing, request. (strikeoutone)
',,, ~ ¢ :
APril 22 80
Date: ...................................... , 19
( Signed ) ~~'~ ~_~.~Z~
(clerk)
_J u d J: t h___ T z.__.T_.e_r__ry_
(Print or type name below signature)
.K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
($16) 765-180!
April 23, 1980
Honorable John L. Behan
New York State Assemblyman
Assembly Chambers
The Capitol
Albany, New York 12224
Dear Assemblyman Behan:
Enclosed herewith is Home Rule Request from
the Southold Town Board in regard to Senate Bill
2153 and Assembly Bill 2822 entitled "AN ACT to
amend the environmental conservation law, in relation
to litter and solid waste control.
Whereas you are one of the sponsors of this bill,
the Town Board sends you this Home Rule Request in
hcpes it will aid in its adoption.
A similar Home Rule Request has been sent to
Senator LaValle on this same bill.
Very truly yours,
Judith T. Terry
Town Clerk
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
ttOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution. the ........... 'I~Q'¢/.I! .......................... of
.~1~. bill(No A. 2822
~o.llthol~ ......................... requests the enactment of ,~,ssem~.~..~,~ .
entitled"
AN ACT to amend the environmental conservation law, in
relation to litter and solid waste conti'ol.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
~3 The local governmem does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[~ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
(chief executive officer)
Date: ...................... , 19 .......... _ .............................................
CLERK'S CERTIFICATION
I ........... _.J_._u_dith Tr___._T_~.~.._r _y _, do hereby certify that I am Clerk of the T_O_.~_~__ B~l"d
....................................................................... o! the ........ Tq_wn ......................................
of ............. Southold .................. and that on the ~nd_. _ day of __ _A_p..r__~._]:
19;."8,~ )1 t' :' ' least,tw°:th!rds
such leg~sla,twe body, at ~mt~ol, tl~ of the total membership having voted in favor thereof,
al~p;rbved the foregoing~request.
',,, t;i ~\\
D te: ........ ........... ,
_.J~dith T. __Terr~v ......................
STATE
S. 2153
OF
YORK
A. 2822
1979-1980 Regular Sessions
SENATE-ASSEMBLY
R~bmary 8, 1979
- '- ,~ ' · ° ANDERSON, BER.MAN. UAENI-
1N SENATE--Introduced by ~ens. ~ht K.
~LEKER. cONNOR, DUNNE. FLYNN. GALIBE~. HAL~E~IN;
~VALLE, LE1CHTER. MARINO, MARKOWI'FZ~sd txvi~ ant or~e~u
pHn~ and when print~ to be ~m~itted ~o ~he Committee on Con~rvauon
. and R~reauon
' .,. , '-- uced bv M. of A. CoOPER~?N., Ko~PEL.I-.
IN ASSEmBly,,, ~md~,,.,,;_~&~ - or~ bv--M, o{ A. BEHAN, BO~ LAN D.
GRANNIe, BIA,~. n~--' ....... r~ '
BURROWS, Del'FORD. DIG~;~, ENGEL. FINNERAN. FLAUK. FRIED-
..... H H~RENBER~;. HOB-
..... GOqWFRIED. ~,gl~II · -
MAN, ~,()hl)~ l EiN, · ....
.... N ' HoYT. JACOBS. JENKiS~. 30HN8ON.
L~'K, HoCHBRUECK, ER. LEHSER. LENTOL. LEWIS, MAI)I-
KIDDER. KREMER. LAFAY~'t'FE. · ' ' N
~ON, MARCHISELLI. McGRATH, M. H. MILLER. MON IA. O. NAD-
LER, NEWHURt;ER. ORAZ1O. pAROLA, pAS~ANNANtE, PES(.'E.
· ' N 8lEVEL. SILVER.
· · ' 'R' 5ERRA,
~cHUME ,
pROUD, sANDERS. E.G. VANN, ~ F. WASH. WEIN-
· ,.. , y sULLIVAN,
SMOLER, ~[AV1SK , to the ~:ommit-
STEIN, W ERTZ, WILSON, y EVOLI--~ad on~ and referred
~e on Commerce. lndus;~ ~d Economic Development
AN ACT to amend ~s envir0nmenml ~nsa~ml0n law, in retatlon t~ !iRer and
solid w~e ~ng~l
T~ people o[ the State ,)f N~ York, r~res~t~
~t as
I ~tion 1. Article twenty-~ven of ~he environmental ~n~rvation
2 amend~ by adding · new title ~n ~ mad ~ follows:
' " TITLE I0 ,
3 '
4 LITTER AND ~OLID W.4.qTE coNTROL
5 SecHong,~lO0l. LegislaHvefi~inqs.
6 ~7-1~8. Def{nffion&
7 ~7-I~5. ~efu~ ealue.
8 ~7-1~7. Manda~o~d acc~nce.
9 ~7-l~9. Refuaal of acc~tance.
10 ~-IOI I. Bevel9e ~ntain~ re~tivementa.
[1 ~-I013: Redemption c~te~.
12 ~7-I015. Vfolat:o~.
13 ~7-t017. Stay of impact of ~itle.
Inll
TOWN OF
· ~°' ' ~: A. 2822
~. 2153 3 ·
~ butor shall accept 'from a dealer or operator of a redemptio, center un y
1 ~2. A d~s,r~ ..... '-- shoat .~ze. color and composition sold
2 empty bayerS!It contatners Ol tat ae~t~. · r · '
uto'r and shall pay the dealer or operator of a redempt?, n renter the refund
3 the distHb · . .... · L__t b- ~ertion ~-1005 of this title.
· . . ~f .h.. n to the re undvalueofabeverailecontaincrasestabllshedbysectwn
5 £78_l[O~,ado~?thw~is title, a ~istributor as pan of il~ agreement with a~y dealer ,,r
7 operator of a redemption center shall reimburse such sealer or operator not less than
8 twenty percent of the refund value of beverafle containers accepted blt the distributor
9 from such dealer or operator.
10 § ~7-I009. Refusal of_acceptance.
11 A dealer or operator of a redemption center may refuse to accept fram a redeemer
12 and a distributor may refuse to accept from a dealer or operator of a redemption
· ° ' 's not state thereon a refund tndus tan
13 center any ~nply beverage container WhiCh do,.,
14 established by sections ~7-I005 and £7-I011 of this title.
o~ II Bever~oe container requirements,
15 § ~ ~-I0 · - ' . ....... ~nle in this state by a rtmnulacturer.
I Everybeveragec°ntamersota°r°Hereaj°'-,''- ' -s....,o~,,m,~ortn, alabelor
distributor or aca~er snau c~ear~y ~n~, ~
17 other method sec~rviy affized to the beveraqe container, the.. refund vab~e of the
, 18-
~ 19 container- ' ' sluall nol ~lpply
20 . ~. Subdivision one of this section and section z~7-I009 of th~n
21 to ~tasa beverage containers havinq a brand name permanently marked thereon
22 which, on' the effective date of this lille, had a refund value of not less than five cenL~. .
23 $. ,¥o distributor or dealer shall sell or off er for sale, at wholesai~ or reUdl in this
24 s/a/e, any metal beverage 'coniainer so designed and constructed tl~t a part of
25 container'is detachable in Opening the container.
26 ~ i¥o distributor or dealer shall sell or offer for sale. at wholesale ar
.'27 beverages packaged by msans of plastic loop retainers.
28 § £7-I013. Redemption centers.
20 To facilitate the return of empty beverage containcrs and to serve dealers of
30 bevera7es, say person, firm or ~rporation granted a permit by the department
31 pursuant to rules and regulations promulqated by the commissioner may establish a
_ 32 redemption center subject to appi'icable provisions of slate and local htws; al which
33 redeemers and dealers may return empty beveraqe containere and receive payment of
34 the refund value of such beverage containers. Operators o1' such redemption center~
35 shall receive 'payment of the refund value of each container from the appropriate
36 manufacturer or distribulor as proeided under sections ~7-I007 and ~'(-1009 oJ' this
37 title.
38 § ~7-I015. Violations.
39 A violation of this title shall be a public nuisance. In addition, any pernan who
40 shall violat~ any provision of this title shall be liable to a civil penalty of not nmre
41 than five hundred dollars, and an additwnal c~vil penalty of not more than five
42 hundred dollars for each day dur~nq which each such ,~olation continues. A ny citn'i
~ 43 penalty may be assessed foilowinq a hear~nq or opportunity t.o be heard.
, - 44 § ~7-1017. Study of impact of title.
· 45 I. The commissioner shall cause to be conducted a study of :he operation of the
46 provisions of this title that shall include, bat not be limited to. an analysis of:
47 a. Its economic impact on persons enqaged in the non-alcoholic beveraqe
: 48 manufacturiny business, on persons .,mqaqed in the business of manufacturinq beer
49 and other malt beveraoes and on persons enqaqed in the bu.~iness of monufactu,'nnq
50 beverage containers in complyinq with ~e provisions of this title.
51 b. The problems, if any. ;.ncurred in the distr~butwn. .~alc and return of berera~Je
52 containers o'ubject to :he ~rovtsions of th~s title.
53 c. The eff ec:ireness of :~e provision.n of this tttle in the r,,dnrtion ~f the ~ ncfdence of
54 ~he litterinq of beverage containers in eh~s state.
55
(Founded in 1§72)
200 East Sunrise Highway, Lindenhurst. El., N.Y. 11757
(516) 957-3072
RAYMOND C. ALLMENDJ~ER, Supervisor
March 19, 1980
The tlonorable William R. Pell, III
Supervisor, Town of Southold
53095 Main Road
Southold, New York 11971
Dear Mr. Pell:
For your information and consideration, 1 am
enclosing herewith a copy of a resolution passed on
March 18, 1980 by the Babylon Town Board urging
the State Legislature to enact legislation that will~
eliminate the accumulation of debris caused in large.
measure by discarded beverage containers. -
It would be appreciated..if you-and your~:'Board
joined with' us in requestinR immediate action
State in the enactment of such legislation.
RCA:em (~ .... t.~'.'",.
Enc. .,.. .; z/'
......
File.
RESOLUTION NO. 3 MARCH 18, 1980
REQUESTING ACTION AND LEGISLATION.
The following resolution was offered by Councihnan
Boyle and seconded by Councilman Maestri :
WHEREAS, the quality of our environment has been and
is being detrimentally affected by the accumulation of debris in
our neighborhoods, and
WHEREAS, in large measure this debris is a result
of discarded beverage containers, and
WHEREAS, the New York State Legislature h~s been
studying this problem for more than ten (10) years, and
WHEREAS, the problem has grown steadily worse during
this
period,
NOW, THEREFORE,
RESOLVED, that
be it ,T- ~ ~-~;,~
the Town Board of the Town~ of Babylon...~.
urges the New York State Legislature to take immediate action
and enact legislation that will eliminate this detriment to our
community and communities throughout the State of New York.
VOTES: 5 YEAS: s NAYS:
State of New York ]
Town of Babylont ss:
County of Suffolk
I, RAYE D'ABRAMO, Town Clerk of the Town of Babylon,
DO HEREBY CERTIFY that I have compared the preceding
with the original thereof and that the same is a true and
correct copy of a Resolution duly adopted by the To.w.~ ~Bpard
of said Town at a meeting thereof held on the
.............
IN TESTIMONY WHEREOF', I have hereunto
set my hand and affixed the seal of said Town
this __ _/f ..... day of
.... ......
duly adopt:ed.