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History of MOSA

The Montgomery-Otsego-Schoharie Solid Waste Management Authority was created as a public benefit corporation pursuant to New York State Public Authorities Law §2041, Title 13-AA Chapter 747 of the Law of 1987 by the New York State Legislature. The enabling legislation provided the Authority with power to construct, operate, and maintain solid waste resource management facilities for the benefit of Montgomery, Otsego, and Schoharie Counties. The Authority provides solid waste management services to the Counties through a system comprised of five transfer stations and supporting facilities. Pursuant to the Solid Waste Management Act of 1988, the Authority has been recognized by the Department of Environmental Conservation as the official planning unit for the Counties. A timeline of events is shown below:

1985 - 1986: Tri-County Waste Study
A Tri-County Waste Study Committee is formed with Montgomery, Fulton, and Schoharie Counties to investigate and address Solid Waste Management issues and develop an integrated regional approach to municipal solid waste handling and disposal. Otsego County joined the study in 1986.
 
1987: MOSA Officially Established
The Montgomery-Otsego-Schoharie Solid Waste Management Authority (MOSA) is created as a public benefit corporation under New York State Public Authorities Law §2041, Title 13-AA Chapter 747 of the Law of 1987 by the New York State Legislature. A Board comprised of eight members, three appointed by Montgomery County, three appointed by Otsego County, and two appointed by Schoharie County, will govern the Authority. Authority members are appointed by the Chairman of the County Legislative Body and confirmed by said Legislative Body.
 
1989: MOSA Begins Operations
MOSA began operations during July 1989 with the acquisition of two landfills (the Eastern Landfill (ELF) and the Central Landfill (CLF)) previously operated by Montgomery County. As part of the acquisition, MOSA assumed the responsibility to carry out the mandated closure of these landfills. The ownership of the landfills along with the associated transfer stations transferred to MOSA as a result of a Facility Acquisition Agreement between MOSA and Montgomery County.

Additional transfer stations in Otsego County were transferred to MOSA as a result of a Facility Acquisition Agreement between MOSA and Otsego County.

MOSA acquired funds through the issuance of tax-exempt bonds in order to plan, develop, construct, acquire, restore or replace MOSA facilities and perform studies. The initial issuance was in 1990, with additional funds borrowed in 1994 at the same time that the prior bonds were refinanced. In 2003, the 1994 issuance was refinanced.

To collateralize the borrowing, MOSA entered into a Service Agreement with the Counties; whereas the Counties guaranteed the delivery of 95% of the estimated waste to be generated within their respective Counties (GAT) to Authority Facilities for a 25-year period. The term of the agreement is from 1989 to 2014.

 
1993: Central Landfill Closed
The Central Landfill (CLF) is an approximately 32 acre landfill located along Route 5S in the Town of Root, Montgomery County, New York. CLF ceased operation in April 1993.
 
1994: Flow Control
On May 16, 1994, the U.S. Supreme Court declared flow control unconstitutional. This was a major blow to the assumptions upon which MOSA was based. The Counties could not control the waste flow as they once thought they could. This decision has become known as the "Carbone" case.
 
1996: Eastern Landfill Closed
The Eastern Landfill (ELF) is an approximately 47 acre landfill located on Antlers Road in the Town of Amsterdam, Montgomery County, New York. ELF ceased operation in December 1996.
 
1997: C&D Landfill Closed
The C&D Landfill is a 1.9 acre landfill located on Routes 28 and 80, in the Town of Otsego, Otsego County, New York. The C&D Landfill ceased operation in 1997.
 
1997: Transportation & Disposal Agreement - Silvarole Trucking, Inc.
An agreement is signed with Silvarole Trucking, Inc. to transport waste from MOSA transfer stations to landfills located in Western New York. This agreement terminated at the end of 2000.
 
1999: Landfill Activities Cease
MOSA formally ends all activity toward siting a new landfill - concerns regarding economy of scale and the Carbone decision.
 
2001: Transportation & Disposal Agreement - Riccelli Enterprises, Inc.
An agreement is signed with Riccelli Enterprises, Inc. to transport waste from MOSA transfer stations to landfills located in Western New York. This agreement terminated at the end of 2010.
 
2009: Debt Defeasance
MOSA uses approximately $10 million of restricted and reserved funds to eliminate all long-term debt (bonds). This allowed MOSA to begin 2010 with a tip fee that was $20 lower per ton compared to 2009.
 
2009: Post Closure Agreement
MOSA, along with Montgomery, Otsego, and Schoharie Counties signs the Post Closure Monitoring and Maintenance Agreement. This agreement formalizes the existing responsibility of the Counties for the post-closure monitoring and maintenance of the three closed landfills. Additional information and reports related to Post Closure can be found by clicking here.
 
2010: Service Agreement Amendment
MOSA, along with Montgomery, Otsego, and Schoharie Counties agree to a modification of the Service Agreement (PDF - 12.8MB) which provides that any future GAT shortfalls be billed at the MOSA operations rate, with Transportation & Disposal costs removed from any shortfall payments.
 
2011: Transportation & Disposal Agreement - WeCare Transportation LLC
An agreement is signed with WeCare Transportation LLC to transport waste from MOSA transfer stations to landfills located in Western New York. This, along with additional operating efficiencies, allowed MOSA to begin 2011 with a tip fee that was $17 lower per ton compared to 2010.
 
2012: Home Rule Legislation - Otsego County
In January, the New York State Senate is presented with legislation to grant Otsego County a home rule request - essentially outlining a process to terminate Otsego County's membership in MOSA. The legislation proposes that the Authority and the Counties of Montgomery, Otsego and Schoharie shall execute a plan to allow for Otsego County's assumption of its proportional and equitable share of MOSA's assets and liabilities. In February, the legislation is enacted.

Management is currently assessing the impact of this ruling and any associated financial impact.

 
2013: Post Closure Manager
During March, resolutions are adopted by Montgomery and Schoharie County designating MOSA as the Post Closure Manager from May 1, 2014 through April 30, 2019.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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