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Westchester County Board of Legislators Resolution 08-05
COMMITTEE ON SOLID WASTE AND RECYCLABLES
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~~WHEREAS the Westchester County Board of Legislators has found that organized crime permeates the solid waste hauling industry in Westchester County and constitutes a significant problem and matter of public concern within the County; and
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~WHEREAS the Board of Legislators, in order to address that problem, enacted the Westchester County Solid Waste and Recyclables Collection Licensing Law ("Solid Waste Collection Licensing Law"); and
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~WHEREAS the purposes of the Solid Waste Collection Licensing Law are: (a)~ to ensure that solid waste generated within the County is disposed of or recycled in an environmentally safe and sound manner, and (b)~ to address the influence and the threat of the influence of organized crime in the solid waste and recycling industries operating in Westchester County; and
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~WHEREAS the Committee on Solid Waste and Recyclables has learned that Northeast Interchange Railway, LLC ("NIR") has contracted to acquire the assets of Metro Enviro, a construction and demolition waste processor, which is currently located near the railway tracks in Croton-on-Hudson; and
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~WHEREAS the Village Of Croton-on-Hudson refused to renew Metro Enviro's special use permit to operate in the Village because of a long record of significant permit violations; and
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~WHEREAS NIR has filed a Notice of Exemption with the Surface Transportation Board ("STB") and is thereby seeking to invoke the jurisdiction of the STB in order to preempt state, county and municipal regulation; and
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~WHEREAS if NIR is permitted the exemption, it may claim to be exempt from the Westchester County Solid Waste and Recyclables Collection Licensing Law;
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~NOW THEREFORE BE IT RESOLVED that the Committee on Solid Waste and Recyclables urges the Surface Transportation Board to reject Northeast Interchange Railway's notice of exemption; and
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~BE IT FURTHER RESOLVED that the Committee on Solid Waste and Recyclables urges the Surface Transportation Board to reject any similar attempt by waste haulers to disguise as rail carriers in order to take advantage of the STB's jurisdiction to~~ evade state, county and local environmental, land use laws and anti-corruption laws, regulations and permitting.