The Town Board Thursday unanimously adopted a solid waste law restricting garbage disposal and inserted a clause that supports a 1953 town ordinance banning any dumping or landfills in the town.
Town Attorney Donald Swanz said the clause is intended to sustain the 27-year old ordinance. "But in case it is challenged, we want to have the new law as a follow-up with the state Department of Environmental Conservation requirement," said.
The town has been in the process of adopting a law since July when Integrated Waste Systems of Buffalo announced its intentions to develop a 137-acre landfill on properties off Route 98.
Swanz said a summons and complaint has been filed with the town on behalf of IWS by the Buffalo based law firm of Duke, Holzman, Yaeger and Radlin. The firm could not be reached to comment on the litigation pending in State Supreme Court against the 1953 ordinance.
Stephen Elggren, vice president of Integrated Waste Systems, recently said it would be his company's position that since the proposed landfill will be privately operated it will be complying with the ordinance.
The new law will regulate and restrict any landfill operations and was in response to any development Integrated Waste Systems might be planning.
The firm has applied to the DEC for an operating permit. The process is expected to take more than a year before a decision is made.
Plans for the 430-acre site owned by IWS include areas for composting and recycling made available to Farmersville town residents. In addition, the company has offered the town a $17 million package of incentives over the 15-years the landfill is in use.