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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.