TR-93-19 �i.o��c�►t, -�9�3
TR-93- i
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A RESOLUTION SUPPORTING THE DELAY OF THE ENFORCEMENT
OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION'S
REGULATIONS ("WASTE BANS") PROHIBITING THE DISPOSAL OF
"YARD WASTE" AT INCINERATORS
' (Sponsored by Councilors George Bitzas, Richard Brindle &
Mayor Christopher C. Johnson)
WHEREAS, the collection of grass clippings, leaves, small
' brush and other "yard waste" is vitally important to the
residents of Agawam; and
WHEREAS, the Department of Environmental Protection has
' issued regulations ("waste bans") banning the disposal of "yard
waste" in landfills or at incinerators (310 CMR 19. 00) ; and
' WHEREAS, the Town of Agawam has been unable to secure a
financially feasible site for the disposal of "yard waste"; and
' WHEREAS, the office of the State Auditor - Division of Local
Mandates has ruled that the Local Mandate Law (M.G.L. c. 29,
Section 27C) applies to the imposition of the "waste bans", and
therefore, the Commonwealth of Massachusetts must provide full
funding to communities for implementation of said "waste bans";
and
WHEREAS, the Commonwealth of Massachusetts has provided no
' funding to the Town of Agawam for implementation of the "waste
bans"; and
' WHEREAS, the Town of Agawam has joined with the City of
Springfield in application under DEP' s limited equipment grant
program to start a joint composting facility for the disposal of
' "yard waste" and to date has received no funding; and
WHEREAS, the House of Representatives did in House 4830,
' Section 24 delay for a period of two and one-half years the
enforcement of the "waste bans" (including "yard waste") for
licensed landfills, but did not include language regarding
incinerators; and
' WHEREAS, the Commonwealth of Massachusetts should delay
enforcement of the "waste bans" until such time as they provide
' full funding for their implementation; and
WHEREAS, the delay--in enforcement of the "waste bans" is in
the best interests of the Town of Agawam; and
�45V ��yy
NOW THEREFORE, the Agawam Town Council hereby resolves to
' support the delay in enforcement of the "waste bans" until such
time as the Commonwealth of Massachusetts provides full funding
for their implementation, and further resolves to send a copy of
this resolution to His Excellency William F. Weld, Governor,
' State Senator Linda J. Melconian and State Representative Michael
P. Walsh.
' Dated this EIGHTEENTH day of MAY , 1993 .
' PER ORDER OF THE AGAWAM TOWN COUNCIL
James aylo resident
' Agawam Town Cou cil
APPROVED AS TO FORM AND LEGALITY
L
(—hom. Locke, Solicitor
1
f
MAYORAL ACTION
Received this EIGHTEENTH day of _MAy, , 1993 from Town
' Council Clerk. (SIGNED BY COUNCIL PRESIDENT) ,
APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3_6
of the Agawam Charter, as amended, I' WAENTa�prove the passage of the above legislation on this day of
MAY , 1993 .
kCjie1sLophet C. Jhnson, Mayor
DISAPPROVAL OF LEGISLATION
' By the powers vested in me pursuant to Article 3, Section 3-6
of the Agawam Charter, as amended, I hereby veto the passage
of the above legislation on this day of
1993 for the following reasons) :
1
Christopher C. Johnson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this NINETEENTH day of MAY
1993.
1
FA AGAWAM CITY COUNCIL
9 36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
w
AhD MP
' May 20 , 1993
' PRESIDENT
JWWSD.Taylor
VICE-PRESIDENT A. Joseph DeNucci , State Auditor
' GeorgeBi=s Division of Local Mandate
100 Nashua Street
COUNCILORS Boston, MA 02116
Walter A.Balboni
Richard S.Brindle Dear Mr. DeNucci
Edward A. Caba
Thomas J.Ennis,Jr.
Jessie D.Fuller At the regular council meeting of May 17 , 1993
NancyE.Gravel the Agawam City Council adopted the enclosed
Louis J.Russo resolution regarding yard waste disposal in
' GaryE.Suffrid incinerators .
Joanne H. Willis
COUNCIL CLERK Since you have stated that yard waste bans and
UrsulaRet:ler dump closures constitute an unfunded mandate on
municipalities , it was requested that a copy be
TELEPHONE sent to your office.
' (413) 786-0400
Extension 233
Sincerely ,
es D. Taylor, President
' Agawam City Council
1
' FA
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
�1
ATED MAy
May 20 , 1993
' PRESIDENT
James D.Taylor
VICE-PRESIDENT His Excellency William F. Weld
' GeorgeBitzas Executive Chamber
State House
COUNCILORS Boston, MA 02133
' Walter A.Balboni
Richard S.Brindle
Edward A. Cuba Dear Governor Weld:
Thomas J.Ennis,Jr.
Jessie D.Fuller
NancyE. Gravel At the regular council meeting of May 17 , 1993
Louis J.Russo the Agawam City Council adopted the enclosed
' Gary E.Si&id resolution, TR-93-19 , regarding yard waste disposal
Joanne H.Willis in incinerators and landfills .
COUNCIL CLERK We appreciate your consideration of this
Ursula Retzler resolution and hope that this unfunded mandate will
be postponed until other solutions can be funded
TELEPHONE and implemented.
(4131786-0400
Extension 233
Sincerely,
James D. Taylor, President
' Agawam City Council
1
1
1
FAG AGA " CITY COUNCIL
W
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
' Z
ATED
PRESIDENT, May 20 , 1993
James D.Taylor
' VICE-PRESIDENT The Honorable Linda J . Melconian
George Bitzas State House Room 213B
COUNCILORS Boston, MA 02133
' Walter A.Balboni
Richard S.Brindle Dear Senator Melconian,
Edward A.Caba
ThomasJ.Ennis,Jr.
Jessie D.Fuller
NancyE.Gravel At the regular council- meeting of May 17 , 1993
ancyE.Grav the Agawam City Council adopted the enclosed
Louis' Gary J.Ruso resolution, TR-93-19 , regarding yard waste disposal
Joanne N. Willis in incinerators and landfills .
COUNCIL CLERK We appreciate your consideration of this
Ursula Retzler resolution and hope that this unfunded mandate will
be postponed until other solutions can be funded
TELEPHONE and implemented.
' (413)786-0400
Extension 233
' Sincerely ,
1
James D. Taylor, President
' Agawam City Council
CC: Council
Mayor
FAG
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
tir
OWED Mph*
1
May 20 , 1993
' PRESIDENT
James D.Taylor
' VICE-PRESIDENT The Honorable Michael P . Walsh
George Bitzas State House Room 472
Boston, MA 02133
COUNCILORS
1 Walter A.Balboni
Richard S.Brindle Dear Representative Walsh,
Edward A.Caba
Thomas J.Emus,Jr.
Jessie D.Fuller At the regular council meeting of May 17 , 1993
Nancy E.Gravel the Agawam City Council adopted the enclosed
Louis J.Russo resolution, TR-93-19 , regarding yard waste disposal
' Gary E.Si&iti in incinerators and landfills .
Joanne H. Willis
We appreciate your consideration of this
COUNCIL CLERK resolution and hope that this unfunded mandate will
Ursula Retzler be postponed until other solutions can be funded
TELEPHONE and implemented.
'
(413)786-0400
Extension 233
' Sincerely ,
James D. Taylor , President
' Agawam City Council
CC: Council
Mayor
COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTSSENATE
STATE HOUSE, BOSTON 02133
LINDA J. MELCONIAN COMMITTEES:
157 HAMPDEN DISTRICT SENATE WAYS AND MEANS
ROOM 213B, STATE HOUSE (ASST. VICE CHAIRMAN)
TEL. (617) 722-1660 INSURANCE (CHAIRMAN)
May 27, 1993 COUNTIES (CHAIRMAN)
DISTRICT OFFICE: HUMAN SERVICES AND ELDERLY
375 WALNUT STREET EXT. AFFAIRS (VICE CHAIRMAN)
AGAWAM. MA 01001 JUDICIARY
' TEL. (413) 786.6033 CRIMINAL JUSTICE
The Honorable Agawam City Council POST AUDIT AND OVERSIGHT
36 Main Street STATE ADMINISTRATION
Agawam, MA 01001
Dear Councilors:
I recently received your adopted resolution regarding yard
waste disposal for incinerators and landfills, and would like to
thank you for sending it to me. It is always valuable for me to
' hear the thoughts and concerns of officials who are most affected
by policy of this nature.
I agree with you that it is indeed extremely burdensome for
muncipalities to comply with the Department of Environmental
Protection's waste bans. We all want a cleaner environment, but
these policies are often at the expense of vital local services.
' The Commonwealth owes it to its residents that when mandates
such as this are implemented, it should be so with funding. I will
continue to push for state funding so that communities are not made
to suffer.
If I may be of further assistance, on this matter or any
' other, please do not hesitate to contact me. Again, I thank you
for your concerns.
' Sincerely!LCONIANAN
' LINDA J.
State Senator
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