Montgomery County Seal!RESOLUTION NO. 119 of 2021

DATED: May 25, 2021
     

RESOLUTION ADOPTING INTRODUCTORY LAW B (LOCAL LAW 2 OF 2021) - A LOCAL LAW ESTABLISHING A RECYCLING FEE  (COUNTY LEGISLATURE)


Resolution by Legislator:   Pepe
Seconded by: Wilson

WHEREAS, per Resolution No. 96 of 2021 the County authorized a contract for transporting and processing single stream recyclables from the County's transfer stations; and

WHEREAS, it is recommended that Montgomery County establish a tipping fee for the disposal of recyclables at the County's transfer stations; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.  

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B (Local Law 2 of 2021) entitled "A Local Law Establishing A Recycling Fee" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to establish a tipping fee for the disposal of recyclables at the County's transfer stations

Section 2:

Montgomery County Legislature establishes the following tipping fees and effective dates for single stream recyclables at the County's transfer stations:

                     Recycling tip fee of $72.50/ton  -  effective June 1, 2021

                     Recycling tip fee of $75.00/ton  -  effective May 1, 2022

                     Recycling tip fee of $77.50/ton  -  effective May 1, 2023

Section 3:

The purpose for charging fees is to offset the County's charges for this service.

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 6:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(6). Legislator Purtell voted Nay. Legislators Duchessi and Isabel were absent. (5/25/2021)


Statement of Legislative and Financial Impact:

I. Nature of Request:

ESTABLISHING A TIP FEE FOR SINGLE STREAM RECYCLABLES AT COUNTY TRANSFER STATIONS 


II. Justification:

Fee charged to offset the County's cost for this service


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

The expense for this service will cost the County the following for the transporting and processing recyclables from the County transfer stations.  The average amount of recyclables per year has been between 5000-6000 tons.

Year 1 charge:  $72.50/ton (5/1/21 - 4/30/22)

Year 2 charge:  $75.00/ton (5/1/22 - 4/30/23)

Year 3 charge:  $77.50/ton (5/1/23 - 4/30/24)

 

 



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Dimond (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Duchessi (D) Absent 
Pepe (R) Yes 
Isabel (D) Absent 
Purtell (D) No 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 25th day of May, 2021, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 15th day of July, 2021


Totals:Aye: 6
Nay: 1 
Abstained: 0
Absent: 2



County Executive took no action on this resolution.
This resolution was enacted on 6/20/2021