Town of North Hempstead v. Incorporated Village of Westbury

182 A.D.2d 272
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 17, 1992
StatusPublished
Cited by2 cases

This text of 182 A.D.2d 272 (Town of North Hempstead v. Incorporated Village of Westbury) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of North Hempstead v. Incorporated Village of Westbury, 182 A.D.2d 272 (N.Y. Ct. App. 1992).

Opinion

OPINION OF THE COURT

Per Curiam.

These appeals and cross appeal arise from two separate actions. The actions raise similar legal questions and are based on the same statutes and local laws. Since the legislative history of the statutes involved is indispensable to an understanding of the dispute, we initially set forth the relevant history.

I

In 1983 the New York State Legislature enacted Laws of 1983 (ch 299), requiring, inter alia, the closure of virtually all Long Island landfills by December 18, 1990 (ECL 27-0704). Also in 1983, the New York State Legislature enacted Laws of 1983 (ch 544), effective July 20, 1983. The statute provided: "Notwithstanding the provisions of any general, special or local law to the contrary, the town of North Hempstead is [275]*275authorized, in order to carry out the purposes of chapter five hundred fifty-two of the laws of nineteen hundred eighty, relating to improving the environment by control of air, water and land pollution, and to promote solid waste management planning and the development of solid waste management programs and facilities, to adopt and amend a local law to be known as the solid waste management law. Such law shall provide for the management on a town-wide basis of all solid waste generated within the town of North Hempstead.” (Id., § 1.) The statute declared that it is: “the policy of the state of New York with respect to the collection, transportation, delivery, storage, processing and disposal of solid waste in the town of North Hempstead * * * to displace competition with regulation or monopoly public service under the general supervision of the department of environmental conservation”. (Id., §2.)

In furtherance of that policy, the Town was "authorized and directed to adopt a local law (1) to exclusively control all solid waste * * * including without limitation the collection, transportation and delivery of solid waste to a designated resource recovery facility or facilities within the town of North Hemp-stead for storage or processing or for any other disposition or handling”, and "(2) to provide for the establishment and collection from time to time of charges as compensation for the service of disposing or handling of such solid waste, all in order to assure a regular solid waste collection and disposal or handling service for the people of the town of North Hemp-stead.” (Id.)

Laws of 1980 (ch 552) (ECL art 27), which is referred to in Laws of 1983 (ch 544), provides for the preparation, updating, and implementation of the New York State Solid Waste Management Plan (ECL 27-0103). The stated purpose of ECL article 27 is to assure coordination of State, regional, and local solid waste planning activities and to effect maximum resource recovery from solid waste on a cost-effective basis (ECL 27-0101).

In 1984 the State Legislature amended the Public Authorities Law by adding a new title 13-F (Public Authorities Law § 2049-a et seq.) which created the Town of North Hempstead Solid Waste Management Authority (hereinafter Authority). The Authority was given express statutory corporate purposes ■ to, inter alia, collect, receive, transport, process, dispose of, sell, recycle, and deal with, in any lawful manner and way, solid waste and any products or by-products generated by the [276]*276operation of any facility (Public Authorities Law § 2049-d [5]), to plan, develop, and construct projects and to pay for the cost thereof (Public Authorities Law § 2049-d [6]), to contract with the town, other municipalities, State agencies, public corporations or persons, for the purpose of collecting, receiving, treating and disposing of solid waste, including, without limitation, to contract with municipalities and State agencies for the delivery of all solid waste generated within a stated area to a specific facility (Public Authorities Law § 2049-d [9]), to borrow money and issue bonds (Public Authorities Law § 2049-d [13]), and to fix and collect rates, rentals, fees, and other charges for use of facilities in order to provide sufficient revenue to pay the principal and interest on the bonds (Public Authorities Law § 2049-d [14]).

In addition, Public Authorities Law § 2049-u provided that: "The town and one or more municipalities within the town, or the authority and the town, shall have power to contract from time to time between or among themselves, or among themselves and with the authority in relation to the collecting, receiving, transporting, storage, processing or disposal of solid waste * * * To further the governmental and public purposes of the authority, including the implementation of any contract or proposed contract contemplated by [that law], the authority and all other municipalities within the town shall have power to adopt and amend local laws imposing appropriate and reasonable limitations on competition including * * * local laws requiring that all solid waste generated or originated within their respective boundaries * * * shall be delivered to a specified solid waste management facility. The town shall be empowered under this section to adopt any such local law requiring the delivery of solid waste to a specified solid waste management facility [and] [a]ny such local law shall be adopted in accordance with the procedure provided by the municipal home rule law”.

The Authority has the power to issue bonds to pay the cost of any project or for any other corporate purpose (Public Authorities Law § 2049-h [1]), but neither the Town nor the municipalities are liable on such bonds (Public Authorities Law § 2049-j).

II

In 1986, purporting to act pursuant to the authority vested in it by Laws of 1983 (ch 544) and Public Authorities Law title [277]*27713-F, the Town of North Hempstead enacted Town of North Hempstead Code chapter 46, i.e., the Sanitation Code (popularly known as the Town’s Flow Control Law). Pursuant to the Flow Control Law, all acceptable solid waste and recyclables generated within the Town, including the municipalities located wholly or partially therein, must be delivered to a solid waste management facility designated by the Commissioner of the Town’s Department of Solid Waste Management (Town of North Hempstead Code § 46-14). The Town of North Hemp-stead Code § 46-2 defined a "solid waste management facility” as "any facility employed beyond the initial solid waste collection process, including but not limited to transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities”. By offering this definition, the Town Code tracked the definition of that term in Public Authorities Law § 2049-b (13).

In December 1986 the Town entered into written contracts with most of the incorporated villages within it, including the Incorporated Villages of Mineóla, Westbury, and Great Neck Plaza, wherein, in order to induce the Town to maintain a recycling facility, these villages agreed to deliver all recyclables to the Town facility in separated form at no charge to the villages. Pursuant to article II of the agreements, the villages specifically acknowledged "that all activities with respect to solid waste generated or originated within the [villages] must be conducted in compliance with the Sanitation Code of the Town of North Hempstead, Chapter 46 of the Town Code”.

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Town of North Hempstead v. Incorporated Village of Westbury
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Bluebook (online)
182 A.D.2d 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-north-hempstead-v-incorporated-village-of-westbury-nyappdiv-1992.